HomeMy WebLinkAbout952080.tiffHEARING CERTIFICATION
DOCKET NO. 95-62
RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1092 FOR A
COMMERCIAL EGG PRODUCTION FACILITY IN THE A (AGRICULTURAL) ZONE
DISTRICT - MOARK HATCHERIES, LLC
A public hearing was conducted on October 4, 1995, at 10:00 a.m., with the following present:
Commissioner Dale K. Hall, Chairman
Commissioner Barbara J. Kirkmeyer, Pro-Tem
Commissioner George E. Baxter
Commissioner Constance L. Harbert
Commissioner W. H. Webster
Also present:
Acting Clerk to the Board, Shelly Miller
County Attorney, Lee Morrison
Planning Department representative, Shani Eastin
The following business was transacted:
I hereby certify that pursuant to a notice dated August 23, 1995, and duly published September 14,
1995, in the Windsor Beacon, a public hearing was conducted on September 27, 1995, to consider
the request of Moark Hatcheries, LLC, for a Site Specific Development Plan and Special Review
Permit for a commercial egg production facility in the A (Agricultural) Zone District, at which time
said matter was continued to October 4, 1995, pursuant to a notice dated September 18, 1995, and
duly published September 21, 1995, in the Windsor Beacon. At said hearing on October 4, 1995,
Lee Morrison, Assistant County Attorney, made this a matter of record and noted Stephen
Williamson, Attorney representing the neighborhood opposing this proposal, has indicated a
possible conflict of interest regarding the letter of support dated September 28, 1995, from EDAP,
of which Commissioner Webster is a member as a Weld County appointee. Mr. Morrison explained
there is a provision under State statutes for disclosure; however, he has not had time for research.
He suggested this matter either be continued to allow time to research for conflict of interest or that
Commissioner Webster abstain. Mr. Morrison clarified if Commissioner Webster abstains, the
normal tie -breaking process will not be available. Fred Otis, Attorney representing the applicant,
suggested a third option, being Commissioner Webster review the evidence and vote in the event
of a tie if it is determined no conflict of interest exists. Mr. Morrison clarified Mr. Otis's suggestion
would be acceptable only if Commissioner Webster did not participate in today's hearing. At the
request of Mr. Otis, Commissioner Webster explained he had knowledge of this proposal through
EDAP; however, he did not know the letter of support was written and had no knowledge of a vote
concerning said letter. Mr. Morrison reiterated the statutory process for a letter of disclosure must
be followed. Mr. Otis reiterated the Board could proceed today with Commissioner Webster
available to hear evidence later and stated the applicant is not in favor of a continuance. He noted
there are people attending today from Roggen and the applicants are here from Missouri. He
clarified the EDAP letter is a very small piece of the application. Commissioner Kirkmeyer noted
there are numerous letters requesting a continuance. Mr. Williamson stated he represents several
families in opposition, but not all parties in opposition, and clarified the applicant requested
preadvertisement of this matter; therefore, the normal disclosure time was unavailable. He noted
the letter from EDAP was entered into the record at the Planning Commission hearing last night
and objected to the way this matter has been rushed through. Mr. Williamson also stated his desire
for more time to prepare technical issues and suggested, if the applicant wants a full Board and the
opportunity for disclosure in case of a tie vote, the matter be continued; if not, he can proceed
today. Donald F. McClary, Attorney for the Morgan County Quality Water District, noted the District
was not advised of this hearing and has a contract to purchase a site near this proposed facility for
water. He, too, stated he would appreciate a continuance to properly prepare and present the
District's position and would like to be advised of any further hearings. John Dent, Chairman of the
EDAP Board, clarified the EDAP Board did vote to support this project; however, Commissioner
Webster abstained from all discussions concerning this matter. Glenn Teets, Roggen, Colorado,
stated he is also interested in a continuance since there are still open ends concerning the project
and how it will be dealt with by the County. Rod Dornan, Roggen, Colorado, stated he would not
mind driving from Roggen again to save his community. John Mitzel, Keenesburg, Colorado,
952080
PL1007
RE: HEARING CERTIFICATION - MOARK HATCHERIES, LLC (USR #1092)
PAGE 2
stated he has lived in the area for 60 years and nobody has told him what the facility is going to do
with the dead chickens or the manure. He also stated concerns about the limited bridge on Weld
County Road 18. At the request of Chairman Hall, Mr. Mitzel stated he has no objections to a
continuance, but he would like notice in the Greeley paper. Mr. Otis clarified this hearing is being
held today instead of last week due to Planning staffs error in notice. He reiterated his opinion that
Commissioner Webster does not need to excuse himself today since he did not participate at the
EDAP meetings concerning this matter, and the people from Missouri want to proceed today.
Commissioner Kirkmeyer clarified there is a reason for disclosure procedures, and Commissioner
Harbert questioned whether the applicant would be willing to proceed today knowing that, if
Commissioner Webster is not allowed to participate after the disclosure, a tie vote would constitute
failure. Linda Shoeneman, one of Mr. Williamson's clients, stated for the record that Richard
Hergert, supporter of this facility, is an EDAP Board member, and he called their citizens group
"nimbies" at the Planning Commission hearing yesterday. The Board clarified Mr. Hergert is a past
member of EDAP. Mr. Otis stated, if the position is that Commissioner Webster will not be allowed
to participate, the applicant prefers a continuance; however, he still feels this issue cannot possibly
be a conflict of interest. Mr. Morrison stated written confirmation from Mr. Dent or minutes from
the meetings would be helpful, and he agreed, if Commissioner Webster was exempted from voting
and participating at EDAP meetings concerning this matter, there is a good possibility he could
participate with the Board; however, he stated a disclosure is still needed. Commissioner
Kirkmeyer suggested October 25, 1995, for a continuance date, and Mr. Otis stated that would be
acceptable. Mr. Morrison requested the motioner clarify whether staff should repost and republish,
but he suggested renotification is probably not necessary. Commissioner Kirkmeyer moved to
continue the request of Moark Hatcheries, LLC, for a Site Specific Development Plan and Special
Review Permit for a commercial egg production facility in the A (Agricultural) Zone District to
October 25, 1995, at 10:00 a.m., to allow further time for surrounding property owners to respond
and to allow time for legal staff to prepare a disclosure concerning Commissioner Webster's
participation in said hearing. Commissioner Kirkmeyer also included in her motion direction to staff
to publish legal notice of said continuance in Weld County's legal newspaper, The North Weld
Herald, as well as the Greeley Tribune, and to post the necessary sign on the subject property.
She stated personal mailings are not necessary. The motion was seconded by Commissioner
Baxter who clarified this action will serve as the people's personal notice rather than mailings.
Commissioner Kirkmeyer reiterated directing staff to post a sign on the property was included in
her motion, which then carried unanimously.
This Certification was approved on the 9th day of October, 1995.
APPROVED:
W(d" my^ Clerk to the Board
cuez,
Deputy Cle Ij )to the Board
TAPE #95-36
DOCKET #95-62
PL1007
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FXCI IRFf) f1ATF (7F APPR(1VAI
Dal K. Hall, Chairman /
Barbary J. Kirkmeyer, Pr -Tem
eCe
eorge EBaxter
Constance L. Harbert
( tic."
W. H. WebsteY
952080
PL1007
—"11-LAC 0541 ',tic
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 4TH DAY OF OCTOBER, 1995:
DOCKET #95-62 - USR #1092 for MOARK HATCHERIES, LLC
PLEASE legibly write or print your name and complete address and the DOCKET
# (as listed above) or the name of the applicant of the hearing you are attending.
NAME AND ADDRESS (Please include City and Zip Code) HEARING ATTENDING
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 4TH DAY OF OCTOBER, 1995:
DOCKET #95-62 - USR #1092 for MOARK HATCHERIES, LLC
PLEASE legibly write or print your name and complete address and the DOCKET
# (as listed above) or the name of the applicant of the hearing you are attending.
NAME AND ADDRESS (Please include City and Zip Code) HEARING ATTENDING
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