HomeMy WebLinkAbout971727.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 13, 1997
TAPE #97-20 & #97-21
The Board of County Commissioners of Weld County, Colorado, met in regular
session in full conformity with the laws of the State of Colorado at the regular
place of meeting in the Weld County Centennial Center, Greeley, Colorado,
August 13, 1997, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chair and on roll call the following
members were present, constituting a quorum of the members thereof:
Commissioner George E. Baxter, Chair
Commissioner Constance L. Harbert, Pro-Tem
Commissioner Dale K. Hall - EXCUSED
Commissioner Barbara J. Kirkmeyer- TARDY
Commissioner W. H. Webster
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Carol A. Harding
Finance and Administration Director, Don Warden
MINUTES: Commissioner Webster moved to approve the minutes of the Board of County
Commissioners meeting of August 11, 1997, as printed. Commissioner Harbert
seconded the motion, and it carried unanimously.
ADDITIONS: The following was added to New Business: 3) Consider Easement Agreement
to place gas pipeline through Hokestra Gravel Pit and authorize Chair to sign
(Let the record reflect Commissioner Kirkmeyer is now present.)
CONSENT AGENDA: Commissioner Webster moved to approve the consent agenda as printed.
Commissioner Harbert seconded the motion, and it carried unanimously.
COMMISSIONER
COORDINATOR
REPORTS: No reports were given.
PUBLIC INPUT: No public input was offered.
971727
BC0016
WARRANTS: Don Warden, Director of Finance and Administration, presented the following
warrants for approval by the Board:
All Funds $ 251,951.18
Commissioner Kirkmeyer moved to approve the warrants as presented by Mr.
Warden. Commissioner Harbert seconded the motion, which carried
unanimously.
BIDS: PRESENT FURNITURE MOVE FOR CARPET PLACEMENT - HUMAN
SERVICES DEPARTMENT: Pat Persichino, Director of General Services,
presented the bids received from two vendors. Said bid will be considered for
approval on August 27, 1997.
PRESENT 1997 JANITORIAL SUPPLIES - BUILDINGS AND GROUNDS
DEPARTMENT: Mr. Persichino presented the bids received from six vendors.
Said bid will be considered for approval on August 27, 1997.
BUSINESS:
NEW: CONSIDER RADIO TOWER LEASE AGREEMENT - PAGING NETWORK OF
COLORADO, INC.: Kent Donahue, Director of Weld County Communications,
explained this agreement is with Paging Network of Colorado, Inc., and is a one-
year lease. Commissioner Webster moved to approve said lease and authorize
Chair to sign. The motion, which was seconded by Commissioner Harbert,
carried unanimously.
CONSIDER RESOLUTION RE: DIRECTING CLERK TO THE BOARD TO
HAVE PUBLISHED EMERGENCY ORDINANCE NO. 192-A, SUPPLEMENTAL
APPROPRIATION FOR 1997: Mr. Warden explained this is direction, per
State statute, to publish the first supplemental ordinance for 1997. He stated
Ordinance #192-A will be on the agenda on August 18, 1997. Commissioner
Harbert moved to approve said resolution. Seconded by Commissioner
Kirkmeyer, the motion carried unanimously.
CONSIDER EASEMENT AGREEMENT TO PLACE GAS PIPELINE
THROUGH HOKESTRA GRAVEL PIT AND AUTHORIZE CHAIR TO SIGN:
Cyndy Giauque, Assistant County Attorney, stated KN Energy owns two
pipelines which run through the Hokestra Gravel Pit; they are now requesting
purchase of an easement for the third pipeline. Don Somer, Public Works,
explained KN needs to move its pipeline because of the work being done by the
State Highway Department on the 1-25 interchange and indicated the pipeline
will not interfere with the mining operation or the plans for the bike/hiking trail.
He stated KN is sending a letter or release of liability for the County.
Commissioner Harbert moved to approve said agreement, conditional upon
receipt of said letter to waive liability, and authorize the Chair to sign. Seconded
by Commissioner Webster, the motion carried unanimously.
Minutes, August 13, 1997 971727
Page 2 BC0016
PLANNING: CONSIDER PROBABLE CAUSE FOR USR #820 - HUSKER DAIRY: Julie
Chester, Department of Planning Services, presented an updated Inspection
Report, dated August 11, 1997, for the record and stated the dairy is in violation
of Development Standards#2 through#6, #16 through#19, and#22. She noted
#2 through #6 are Health Department requirements, while the remaining ones
are Building Code and Zoning Ordinance violations. Ms. Chester noted the
original Special Review Permit #820 was issued March 20, 1988, as a
2,500-head dairy. She reported her inspection on August 11, 1997, determined
there is still a problem with waste water discharge and manure contaminated
water running off-site in violation of Confined Animal Feeding Operation Control
Regulation (CAFO) (5 CCR 1002-19), and with a number of Development
Standards of the Special Review Permit. She noted there were also two derelict
vehicles, car parts and other miscellaneous junk constituting a noncommercial
junkyard, and a mobile home located on the property without a building permit.
Also, Ms. Chester noted the building permit for the milk barn has not been
finaled. The Board viewed a video depicting the manure runoff and main areas
of concern. Trevor Jiricek, Health Department, noted the runoff goes through the
irrigation ditch then along Weld County Road 392. Mr. Jiricek referred to his
chronological summary in the case file, along with a summary of seven CAFO
violations, and stated a manure and waste water management plan and
compliance time line has been requested. To date, neither have been received.
(Changed to Tape #97-21.) Mr. Jiricek explained the discharge is chronic and
continues to occur, it does not only occur during rainy weather.
Gene Hoyer, current owner of Husky Dairy, stated he owns two other dairy
facilities and he acquired this dairy in May 1996. He further stated he was aware
there were problems, but not the full extent of the problems. He explained there
were many problems affecting the dairy, and his immediate concern when
taking over the dairy was the health of the herd and saving as many cows as
possible. Mr. Hoyer stated he has every intention of fully complying with the
Development Standards, although he was not fully aware of them when the
property was purchased. He stated he has constructed two lagoons directly to
the east of the existing lagoon to act as a settling facility. The waste water will
then be pumped, some through a pivot to irrigate the hay field on the dairy.
However, Mr. Hoyer stated the pivot broke and part of the runoff problem is
because of the broken pivot. He noted in future he plans to construct another
lagoon at the corner of the property and do some terracing on the south and
west sides. Mr. Hoyer explained the mobile home has been sold; however, he
is running into difficulty trying to get the owner to move it. Responding to
questions from Commissioner Harbert, Mr. Hoyer stated his General Manager,
Rick Hawley, lives in Greeley, although there is a herdsman who lives on the
dairy. He reiterated he has constructed two lagoons and intends to build
another. Tom Cope, Total Energy Services, explained he has been retained to
help with this situation and said he will be drafting a Feedlot Containment Plan
which will determine the type of water, the volume of the runoff, etc.; however,
he noted it will take approximately 60 days to get the plan to the Health
Minutes, August 13, 1997 971727
Page 3 BC0016
Department. Responding to questions from the Board, Mr. Hoyer continued to
explain he did not realize the seriousness of the problem and was dealing with
other problems first. Commissioner Kirkmeyer stated the purpose of today's
hearing is for Mr. Hoyer to show evidence that he is in compliance with all the
Development Standards; however, the further Mr. Hoyer explains, the more
evidence he gives showing the dairy is not in compliance. Chair Baxter
reiterated the concerns of Commissioners Harbert and Kirkmeyer and verified
Mr. Hoyer is aware this procedure will lead to the revocation of his permit if it is
not dealt with. Mr. Hoyer stated his frustration in trying to deal with the
immediate problem by building another lagoon, etc., while at the same time
planning with Mr. Cope what information is needed for the long-term plan.
Although Commissioner Webster stated Mr. Hoyer better start digging,
Commissioner Kirkmeyer clarified the Board is not telling him to go dig a hole.
She also pointed out that digging a hole may not bring him into compliance, and
reiterated what Mr. Hoyer needs to do is get into compliance, whatever it takes.
Kent Vance, adjacent property owner, described the manure runoff that not only
surrounds him on all four sides, but also crosses his property. He stated it has
been in the backyard where his children play, right in front of his garage into his
driveway and out onto the road. He further stated there have been times when
the runoff was excessive enough to wash out half of Weld County Road 55. Mr.
Vance did indicate the problem stopped from June 1996 until early 1997;
however, he later found out it had only been diverted into an alfalfa field. Ed
Turgeson, adjacent property owner, stated the only time the runoff has been a
problem for him was when an employee of the dairy was trying to irrigate the
corn with a pivot and effluent. At that time it came right down in front of his
house and onto the road. He stated he could not find anyone around; therefore,
he went and plugged up the ditch and turned the effluent back onto the dairy's
property.
Mr. Hoyer reiterated he is now aware of the full extent of the problems and has
every intention of fixing things. After further discussion, Commissioner
Kirkmeyer moved the Board Find more than reasonable evidence exists to show
non-compliance with Development Standards #2 through #6, #16 through #19,
and #22, as well as Section 31.2 and 31.3.9 of the Weld County Zoning
Ordinance and Section 70 of the Weld County Building Code; therefore, to set
a Show Cause Hearing on November 5, 1997, at 10:00 a.m. The motion was
seconded by Commissioner Harbert. Commissioner Kirkmeyer explained the
reason she chose November 5 is that it gives approximately 90 days; thereby
allowing approximately 60 days for Mr. Hoyer's engineer to complete the plan
and the Health Department approximately 30 days for review. Commissioner
Kirkmeyer further stated she is dismayed at the amount of time this problem has
been occurring. The motion carried unanimously.
Minutes, August 13, 1997 971727
Page 4 BC0016
RESOLUTIONS AND
ORDINANCES: The resolutions were presented and signed as listed on the consent agenda.
There were no ordinances.
Let the minutes reflect that the above and foregoing actions were attested to
and respectfully submitted by the Acting Clerk to the Board.
There being no further business, this meeting was adjourned at 10:25 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: <w M f/'%� EXCUSED DATE OF APPROVAL
''ii �,� i i.p,
se. George E. Baxter, Chair
Weld County ''erk * ar.�
I55t i �<.. :-'4[1'"V
/., y, �. Constance L. Harbert, Pro-Tem
BY: / i ..c,i /. Ai
Deputy Cl- t # EXCUSED
��� D K. all
assCUSED DATE OFV
Barbara J. Kirkmeyer
7 1 1 g
W. H. Webster
Minutes, August 13, 1997 971727
Page 5 BC0016
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