HomeMy WebLinkAbout20181162.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 16, 2018
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 Administration
Building, Greeley, Colorado, April 16, 2018, 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 Steve Moreno, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Mike Freeman
Also present:
County Attorney, Bruce Barker
Acting Clerk to the Board, Stephanie Frederick
Controller, Barbara Connolly
• MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of April 11, 2018, as printed. Commissioner Cozad seconded the motion, and
it carried unanimously.
• CERTIFICATION OF HEARINGS: Commissioner Freeman moved to approve the Certification of
Hearings conducted on April 4, 2018, as follows: 1) COZ18-0001 — Union Farms Development, LLC,
and 2) USR17-0064 — Lorena Garcia. Commissioner Kirkmeyer seconded the motion, which carried
unanimously.
• AMENDMENTS TO AGENDA: There were no amendments to the agenda.
• CONSENT AGENDA: Commissioner Cozad moved to approve the Consent Agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
PRESENTATIONS:
• 1) AWARD FOR EXCELLENCE FOR CR 47 AND STATE HIGHWAY 392 INTERSECTION
IMPROVEMENTS — COLORADO/WYOMING CHAPTER OF ACPA: Chair Moreno read the award
presented to the Department of Public Works and Interstate Highway Company (IHC) from the
Colorado/Wyoming Chapter of the American Concrete Paving Association, recognizing them for paving
municipal streets and intersections with less than 30,000 cubic yards of materials used. He stated they
also will be competing for a National Award in November, 2018. Greg Frazee, representative of Interstate
Highway Company, (IHC) stated they could excel with this project because of the excellent partnership
and teamwork with Weld County. Jay McDonald, Director of the Department of Public Works, stated he
ps Minutes, April 16, 2018
�a3 Page 1
2018-1162
BC0016
is extremely proud of the Department of Public Works and IHC. Each of the Commissioners extended
their appreciation for the excellent project management, working as a team and for recognizing safety
concerns. Commissioner Kirkmeyer stated Weld County finished this RAMP Project on time and within
the budget. They thanked everyone for a job well done and making Weld County look good.
2) AWARD FOR EXCELLENCE FOR CR 49 DESIGN BUILD INTERSTATE 76 TO U.S. HIGHWAY
34 — COLORADO/WYOMING CHAPTER OF ACPA: Chair Moreno read the award recognizing the
Department of Public Works, for the County Road 49 Design Build project, rated the best Portland cement
concrete road. Each Commissioner stated they are proud of the Weld County staff who worked on this
project. Commissioner Kirkmeyer thanked everyone for their contributions and shared the history to
accomplish the County Road 49 project. She thanked Don Warden, Director of Finance and
Administration, and Bruce Barker, County Attorney, for putting together the legislation to get the project
done. Weld County is the only county in Colorado that can claim a County Highway. Commissioner Cozad
stated she appreciates everyone working together cohesively on this project and making travel safer.
Chair Moreno expressed his appreciation in the partnerships with the municipalities. (Clerk's Note: The
Board paused the meeting for a photo opportunity.)
• PUBLIC INPUT: Dave Kisker, resident of Johnstown, addressed the findings by the court, and
referenced a recent news article, and expressed his hope that Martin Marietta would follow the mandate
of the courts.
BIDS:
• 1) PRESENT BID #B1800085, CHIP SEAL OIL SUPPLY - DEPARTMENT OF PUBLIC WORKS:
Rob Turf, Department of Purchasing, presented the two (2) bids received and stated staff will bring back
a recommendation on April 30, 2018.
IR 2) PRESENT BID #B1800086, WELD COUNTY 1105 H STREET REMODEL - DEPARTMENT OF
BUILDINGS AND GROUNDS: Mr. Turf presented the seven (7) bids received and stated staff will bring
back a recommendation on April 30, 2018.
• 3) PRESENT BID #B1800088, EMULSION DUST CONTROL AGENT - DEPARTMENT OF
PUBLIC WORKS: Mr. Turf presented the sole bid received and stated staff will bring back a
recommendation on April 30, 2018. In response to Commissioner Conway, Mr. McDonald stated staff
was not sure why they received only one (1) bid, but intended to determine that during staff's review.
NEW BUSINESS:
• 1) CONSIDER SPECIAL EVENTS PERMIT AND AUTHORIZE CHAIR TO SIGN - COLORADO
FEEDLOT HORSES CORPORATION: Frank Haug, Assistant County Attorney, presented the special
events permit application for a fundraiser for Colorado Feedlot Horses who rescue horses being sent to
slaughter. Mr. Haug stated the concerns which were brought forth during the application process have
been addressed. He explained the event is being held on a 35 -acre property and they will have portable
toilets. Bob Casslen, applicant, stated there are two (2) organizations involved. The first organization is
the Colorado Horse Rescue and the second smaller organization, is Colorado Feedlot Rescue, who
rescue about 10,000 horses a year, throughout the United States. Commissioner Kirkmeyer moved to
approve said application and authorize the Chair to sign. Seconded by Commissioner Conway, the
motion carried unanimously. In response to Commissioner Kirkmeyer, Mr. Casslen stated he will send
more information about the event being held on June 9, 2018.
Minutes, April 16, 2018
Page 2
2018-1162
BC0016
2) CONSIDER LICENSE AGREEMENT FOR USE OF PLAZA AREA (822 7TH STREET) AND
AUTHORIZE CHAIR TO SIGN - GREELEY FIESTA, INC. Toby Taylor, Director of Buildings and
Grounds, reviewed the terms of the agreement to allow Greeley Fiesta, Inc., to hold a Cinco De Mayo
celebration at the downtown plaza. Commissioner Cozad stated the applicant will need to obtain other
permits, such as, liquor permits, etc., through the City of Greeley. Commissioner Cozad moved to
approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner
Conway, and it carried unanimously.
3) CONSIDER AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN - MAXIMUS
CONSULTING SERVICES, INC: Barb Connolly, Controller, presented the annual agreement to retain
Maximus Consulting, an independent contractor, who will prepare the Cost Plan to get reimbursement
from the State of Colorado for Human Services and other County Services. Commissioner Freeman
moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Cozad,
the motion carried unanimously.
• 4) CONSIDER TEMPORARY CLOSURE OF CR 74 BETWEEN CRS 47 AND 49: Amy Joseph,
Department of Public Works, presented the closure, effective April 23, 2018, through May 25, 2018, for
a bridge re -deck, and guardrail and abutment repairs to Bridge 74/47A. Due to the amount of time for
the closure and the gravel detour route, staff will use magnesium chloride for dust abatement.
Commissioner Cozad moved to approve said temporary closure. The motion was seconded by
Commissioner Freeman, and it carried unanimously.
• 5) CONSIDER TEMPORARY CLOSURE OF CR 45 BETWEEN CRS 40 AND 42: Ms. Joseph
reviewed the terms of the closure, effective April 24, 2018, through April 27, 2018, to replace a drainage
culvert. She stated staff will use water for dust abatement on the gravel detour route. Commissioner
Conway moved to approve said temporary closure. Seconded by Commissioner Cozad, the motion
carried unanimously.
• 6) CONSIDER INTERGOVERNMENTAL AGREEMENT FOR TRANSFER OF RIGHTS -OF -WAY
AND EASEMENTS AND THE DISCONNECTION OF PROPERTY AND ACCEPT QUIT CLAIM DEED
AND AUTHORIZE CHAIR TO SIGN ALL NECESSARY DOCUMENTS - TOWN OF FIRESTONE: Bruce
Barker, County Attorney, reviewed the Intergovernmental Agreement which the Town of Firestone
approved. He referred to page 15 of the agreement and reviewed the language in the deed.
Commissioner Conway moved to approve said intergovernmental agreement and authorize the Chair
to sign all necessary documents. The motion was seconded by Commissioner Cozad, and it carried
unanimously. Each Commissioner thanked everyone who had a role in getting this completed.
PLANNING:
1) PROBABLE CAUSE HEARING, PCSC18-0007, CONCERNING USE BY SPECIAL REVIEW
PERMIT, USR17-0063 - ROSE HOLDINGS, INC., DBA SHEPHERD ENTERPRISES, C/O DANIEL
SHEPHERD: Kim Ogle, Department of Planning Services, presented a summary of the violations of
USR17-0063, concerning Development Standards #3, 12, and 16, and stated the USR was approved on
January 31, 2018, by the Board of County Commissioners. Mr. Ogle explained prior to the approval of
the USR, Planning Staff received several emails concerning the operations of the business on the
property; specifically the long hours and noise associated with the on -site activity. Since the approval of
the USR, staff has continued to receive correspondence from surrounding property owners, with
concerns of exceeding the hours of operation, on -going noise, and issues of transient dust. Mr. Ogle
presented a video clip showing the applicant is exceeding the operating hours and photos displaying the
dust; however, Department of Public Health staff has been unable to substantiate fugitive dust crossing
Minutes, April 16, 2018
Page 3
2018-1162
BC0016
the property line. In response to Commissioner Conway, Mr. Ogle confirmed staff did not observe the
dust blowing off the property. Mr. Ogle stated the applicant has submitted a drawing of the proposed
landscaping, which has not been approved, because there hasn't yet been a consensus of the visual
mitigation plan from the surrounding property owners. Mr. Ogle then displayed photos of what the
property looks like currently.
Dan Shepherd, representative of Rose Holdings, Inc., dba Shepherd Enterprises, presented
drawings of the landscaping and proposed visual mitigation and stated he held a neighborhood meeting
and extended an open invitation to his office. Mr. Shepherd explained when he first purchased the
property, it was an eyesore to him and it's important to have landscaping to visually mitigate for the
surrounding property owners. He stated he moved the entrance from the east side of the property, so
there will be no activity to disturb the neighbors and will plant grass to keep the dust down. He stated he
doesn't work on weekends or on windy days; therefore, there shouldn't be fugitive dust because the east
side of the property is not being used. Mr. Shepherd stated he paid for a noise study and the results
stated his operations are within the allowable noise limits. He stated he will continue to reach out and
communicate with the surrounding property owners because he wants to be a good neighbor. In response
to Chair Moreno, Mr. Ogle stated the noise study was submitted as part of USR application.
Mr. Shepherd stated he had to change the routes of the trucking operation, to follow the operating time
constraints. He added they close the warehouse doorsto address neighbors' concerns with the
warehouse being operated outside the hours of 7:00 a.m., to 7:00 p.m., Monday through Friday. He stated
he is frustrated because he hasn't received any responses from the surrounding property owners about
the proposed landscaping.
el Tim Grange, employee of Mr. Shepherd, stated he has worked for Mr. Shepherd for ten (10) years
and he has seen the changes in the operations. He makes sure there are no trucks running, or sitting
with their lights on until after 7:00 a.m. He stated he built the new driveway and never worked when the
wind was blowing. He explained he moved the driveway from the east side to the west side so the Town
of Wattenberg didn't have to hear truck traffic. In response to Commissioner Cozad, Mr. Granger stated
the first few days after the approval, of the USR, there were a few drivers that were not in compliance
because it took a few days to communicate the operating hours to the drivers as they work different hour,
but that is no the case now.
• In response to Commissioner Kirkmeyer, Mr., Ogle cited the hours of operation and explained the
stipulation took place on November 27, 2017.
El In response to Commissioner Conway, Mr. Ogle confirmed, once the USR was approved, the
stipulated operating hours were adhered to. Commissioner Kirkmeyer stated the warehouse has not been
allowed to operate as a twenty-four (24) hour operation since November 27, 2017. Mr. Grange explained
the twenty-four (24) hour operation was at their other location in Commerce City.
• Mr. Shepherd stated cameras have been installed on the warehouse for the last forty (40) days.
He explained they installed them after receiving a compliant about the warehouse operating outside the
stipulated hours.
• Desiree VanHartesvelt, employee of Rose Holdings, Inc., dba Shepherd Enterprises, explained it
was a challenge to communicate the new hours of operation to all drivers, because they work different
hours. She stated she has been with the company for five (5) years and believes everyone is now
following the requirements of the hours. She stated she is on the property at night in her motorhome, to
ensure there is no activity and noted there is a lot of noise, light and traffic coming from the nearby drilling
Minutes, April 16, 2018
Page 4
2018-1162
BC0016
rig and gravel pit. a In response to Commissioner Conway, Ms. VanHartesvelt, stated the oil and gas
operation is located across County Road 6, and began operation in late February, 2018. eResponding
to Commissioner Cozad, Ms. VanHartesvelt stated she not living on the property, but she stays in a
recreational vehicle every night as security, which she brings on and off the property.
Mr. Ogle stated there isn't a permit for a mobile home to be on the site on a temporary basis. In response
to Commissioner Kirkmeyer, Ms. Van Hartestvelt stated her permanent residence is in Commerce City.
• Mr. Shepherd stated he has been working on the driveway and hopes to finish soon. He also stated
he and his wife clean the offices warehouse and shop and security checks the property which is the
reason for the activity and photos he had been shown.
• In response to Commissioner Conway, Mr. Shepherd stated there were ten (10) people present at
the recent neighborhood meeting and some of the surrounding property owners were unable to attend
the neighborhood meeting, so he extended an open invitation for a private viewing of the facility plans.
He stated they are doing a lot of work to clean the property, as it was neglected by the previous owners.
He addressed the concerns of the noise generated from his operation and confirmed there is an oil and
gas operation across County Road 6 and wonders if this could be a source of the noise. He stated he is
trying hard to be a good neighbor. IR Mr. Shepherd confirmed he will hold another community meeting
in three (3) weeks and is available anytime to meet with the neighbors. a In response to
Commissioner Kirkmeyer, Mr. Shepherd explained he should be able to start the proposed landscaping
in 90 days and have the berm complete within five (5) to six (6) weeks. Mr. Shepherd stated the
landscaping will be mainly on the east side of the property and an alternative solution would be to install
a fence which would be more cost effective and would completely block the neighbors' view of the
warehouse.
• In response to Commissioner Cozad, Mr. Ogle explained the proposed landscape plan will need to
be reviewed, approved by Planning Staff, and meet the Conditions of Approval before it is implemented.
Commissioner Cozad suggested a timeline be established for the landscaping plan and a date for
completion. In response to Commissioner Kirkmeyer, Mr. Ogle stated the applicant had a noise study
done, but staff did not do one. He explained there is a way to exclude all externalities, to test
Mr. Shepherd's site for compliance of the residential noise level requirements. a In response to
Commissioner Conway, Mr. Ogle confirmed staff has not received a request for a noise study.
Commissioner Kirkmeyer stated a noise complaint has been received, but it hasn't been validated.
ki Thomas DeHerrera, surrounding property owner, expressed his frustration with trucks coming and
going outside the stipulated operation hours. He stated Mr. Shepherd was working with equipment to drill
holes for fencing on a Sunday. He stated he contacted the Department of Public Health and Environment
about the fugitive dust and he didn't believe the staff member could see the dust leaving the property
from where he was standing. Mr. Deherrea confirmed Mr. Shepherd was working on a Sunday.
• Daniela Perez and Kenny Perez, surrounding property owners, stated there are videos showing the
violations of the hours of operations. Ms. Perez said the refrigerated trucks are running all the time,
including on Easter. She referred to emails, sent from Mr. Shepherd, which contradict the hours the
warehouse has been operating. She stated there are trucks and equipment running at night. Ms. Perez
expressed her frustration with there not being a refrigerated unit put inside the warehouse, which would
help with the noise from the trucks running at night. Ms. Perez stated the trucks being used as screening
are still parked along the fence and pointed at them in a photo. Kenny Perez stated the trucks have been
running at night and because of this he has been adversely impacted.
Minutes, April 16, 2018
Page 5
2018-1162
BC0016
• In response to Bob Choate, Assistant County Attorney, Ms. Perez stated there are some recent
videos with trucks showing up after hours and using their back-up beepers.
• Ms. Perez presented a video showing a truck backing up to one of the loading docks in the early
morning, outside of the stipulated operating hours, where back-up beepers and air -brakes could be heard
and stated this occurs on most Wednesday mornings.
• In response to Commissioner Cozad, Mr. Perez stated he is able to distinguish the noise of a truck
from the oil and gas facility. He stated the noise from the traffic on CR 6 and the oil and gas facility doesn't
bother him. He stated that the warehouse was better before Mr. Shepherd moved in. In response to
Commissioner Cozad, Mr. Perez stated he would like to attend the neighborhood meeting in three (3)
weeks, but he felt that he received short notice of the meeting. He expressed his frustration that no action
occurs, unless the County gets involved or a hearing is scheduled. Ms. Perez referenced the videos she
presented to the Board, show the applicant working outside the stipulated hours and demonstrate the
noise level. Mr. Perez stated he is frustrated because he has to take time off work to deal with the issues.
ID In response to Chair Moreno, Mr. Perez questioned if a fence or trees would halt the violations. He
stated his understanding was the hearing was not to discuss the landscaping, but rather, all the violations.
Ms. Perez stated she would like Mr. Shepherd to put up a concrete wall to negate the noise.
• Commissioner Cozad clarified the hearing is being held to decide if there is probable cause to move
forward, because they cannot exceed a residential noise standard, as they agreed upon. She stated she
hasn't seen evidence that it exceeds the noise standards, but there is evidence of violation of the hours
of operation. Commissioner Cozad explained if the surrounding property owners think Mr. Shepherd is
violating the noise standard, they should contact someone at the County to come out and verify the noise
violations. She further stated the fugitive dust should not be occurring.
El In response to Commissioner Conway, Ms. Perez stated she has not communicated with
Mr. Shepherd because the County should be taking care of this and the neighbors shouldn't have to
police the activity. Mr. Perez stated it should be Mr. Shepherd's responsibility to keep logs of his drivers'
activties.
El Rachel DeHerrea, resident of Fort Lupton, stated she is opposed to the operation of the warehouse,
has property there, and expressed the frustration of the residents. She explained the facility is operating
outside the stipulated hours. She noticed there were not any issues with the other companies occupying
the property. Ms. DeHerrea reported driving by the warehouse on the weekends and can tell there is
activity occurring. She stated she was disappointed with the proposed landscape proposal.
• In response to Commissioner Cozad, Mr. Ogle confirmed the local and over -the -road drivers can
park in the eight (8) spaces on the west side of the facility outside the regular business hours.
Commissioner Cozad stated the Board must review the specific issues which would be violations of the
Development Standards.
• In response to Commissioner Conway, Ms. DeHerrea stated several people who live in the area
didn't receive notification of the neighborhood meeting. Commissioner Conway said he will ask Mr.
Shepherd how he notified the surrounding property owners.
Minutes, April 16, 2018
Page 6
2018-1162
BC0016
• Tom DeHerrea, adjacent neighbor, stated the videos demonstrate the noise that occurs during the
day and Mr. Shepherd working past the stipulated hours. He stated the road and property hasn't been
treated for dust and there was a day there was dust the entire day. He explained the noise is not coming
from the fracking site. In response to Commissioner Conway, Mr. DeHerrea stated he has not
communicated his concerns with Mr. Shepherd and he was not present at the community meeting.
• (Clerk's Note: The meeting was recessed at 11:22 a.m. and reconvened at 11:28 a.m.)
• Mr. Shepherd suggested the backup alarm noise is coming from the loaders located at the gravel
pit, because he removed the alarms from all his equipment. He explained the truck parked on the
subdivision road was told to turn around because the warehouse was not open for business. Mr.
Shepherd stated there are trucks driving by on County Road 6 using their Jake brakes. He changed his
business model and understands frustration from the surrounding property owners who reside close to
County Road 6.
• Commissioner Conway, suggested posting a sign on the fence with a 24 -hour number so the
surrounding property owners can leave a message or notification of an incident, which is the requirement
for oil and gas operations.
• Commissioner Kirkmeyer clarified the difference between a Probable Cause and a Show Cause
Hearing and stated the Probable Cause hearing is held to find evidence if the applicant is not in
compliance with the Development Standards.
• In response to Commissioner Cozad, Mr. Shepherd stated the refrigerated trucks are parked on the
westernmost part of the property. He stated some of the trucks along the fence are being used, along
with panels on the bottom, as temporary screening for the Perez's residence.
El Commissioner Kirkmeyer reiterated this is a probable cause hearing, and if enough evidence is
found, it will move to a Show Cause Hearing. Commissioner Kirkmeyer moved to set the Show Cause
Hearing for June 27, 2018 at 9:00 a.m., because there is sufficient evidence to show that the Applicant
is not in compliance with Development Standards #3, 7, 12, 16, 17, and 25. The motion was seconded
by Commissioner Cozad.
• Commissioner Kirkmeyer explained the Board received over 200 videos and photographs which
demonstrated the violations of the Development Standards. She stated the Town of Wattenberg is used
to the noise of the gravel pit and the traffic coming from CR 6, and the residents know the difference
between the noise of the oil and gas operation and refrigerated trucks.
• Mr. Choate stated the notice references specific Development Standards.
In response to Mr. Choate, Commissioner Kirkmeyer understands the notice was for the Probable
Cause Hearing; however, if the Board finds there are other Development Standards for which the operator
is not in compliance, they can be addressed at the Show Cause Hearing and adequate notice can be
sent.
• In response to Commissioner Cozad, Mr. Ogle reported the plat has not been recorded, so the
Conditions of Approval have not been met. Commissioner Cozad does not agree with the noise standard
violation, because there is not sufficient evidence showing the noise has exceeded the residential noise
Minutes, April 16, 2018
Page 7
2018-1162
BC0016
standard. She stated good faith effort should be shown by the applicant as there has been sufficient time
to get some of these standards completed. aShe stated she disagrees with adding Development
Standard #17 because there is not sufficient evidence the backup alarms were coming from
Mr Shepherd's property. She agrees there is enough evidence for the Show Cause Hearing, which will
allow the applicant more time to get into compliance.
• Commissioner Freeman stated he agrees there is some evidence to proceed with a Show Cause
Hearing. He commented the application was approved two (2) months ago and he doesn't believe the
applicant has had sufficient time to get the Conditions of Approval and development standards completed
and suggests continuing the Probable Cause Hearing to give the applicant time to complete the standards
in the USR.
• Commissioner Kirkmeyer explained this isn't a hearing to get the applicant into compliance, but is
just to determine if the applicant is in compliance with the development standards.
• Commissioner Conway stated he agrees with Commissioner Freeman's comments stating there is
not enough evidence to move this to a Show Cause Hearing. He stated there needs to be a dust
abatement plan submitted to the Planning Department, and the applicant has shown a willingness to work
with the community. He suggested the County Attorney decide the appropriateness of continuing this
matter. He stated there is conflicting information being submitted by staff. a Mr. Choate stated the
Board is allowed under statute to continue the case.
Commissioner Cozad stated the USR approval was on January 31, 2018, so even if the hearing is
continued, or they decide to have a Show Cause Hearing, the applicant has sufficient time to complete
the Development Standards and get in to compliance with his USR.
• Commissioner Kirkmeyer reiterated this is a Probable Cause Hearing and the Board needs to look
for the probability that the applicant is not meeting the development standards. She stated there are
several things that have not been done.
• Commissioner Freeman stated two (2) months may not be enough time for the applicant, but he
doesn't want to continue this. Commissioner Conway stated he agrees with giving the applicant enough
time to complete all the requirements because the goal is for the applicant to be in compliance.
• Commissioner Kirkmeyer stated the operator had violations prior to the USR being approved on
January 31, 2018, and the applicant has had time to come up with the landscape and dust abatement
plans.
• Commissioner Cozad amended the motion and moved to set the Show Cause Hearing to July 25,
2018. Seconded by Commissioner Freeman, the motion carried unanimously.
• In response to Mr. Shepherd, the Board stated Mr. Shepherd can go to his property during off hours
to work on his trucks and do personal work around the property. He explained he is on the property seven
(7) days a week.
• (Clerk's Note: The meeting recessed at 12:02 p.m. and reconvened at 1:40 p.m.)
Minutes, April 16, 2018
Page 8
2018-1162
BC0016
2) PROBABLE CAUSE HEARING, PCSC18-0006, CONCERNING USE BY SPECIAL REVIEW
PERMIT, USR-1285 - A-1 ORGANICS, RATTLER RIDGE ORGANIC RECYCLING FACILITY:
Michael Hall, Department of Planning Services, presented a summary of the violations of the USR and
stated staff has received numerous complaints regarding debris blowing on the adjacent properties. He
displayed photos of the site and stated the property is in the Town of Keenesburg's referral area.
(Clerk's Note: Commissioner Kirkmeyer arrived at 1:42 p.m.)
• Mr. Hall presented the aerial imagery of the site and stated there had been previous complaints of
odor, flies, and windblown litter, which had been closed, but the complaints began again in 2017. On
October 18, 2017, the Department of Public Health and Environment responded to a complaint, but could
not find a violation. He stated staff conducted inspections due to three trash and odor complaints, at
which time, staff noted trash had blown from the site.
• Ben Frissell, Department of Public Health and Environment, stated when staff did a scheduled
inspection at A-1 Organics, they discovered blowing litter. He stated A-1 Organics replied by letter
explaining the actions they planned to take to mitigate the debris leaving their property. He reviewed the
dates of the violations as noted by staff. Mr. Frissell stated on January 31, 2018, A-1 Organics stated
they agreed to install a debris fence. When staff investigated the complaint, the Nasal Ranger did not
detect any odors. Mr. Frissell stated the debris is about 3 to 6 inches in diameter. He stated earth work
is being done to install a fence along the eastern and southern border of the property. He displayed
photos of the earth work taking place to install a fence and explained workers are picking up litter that
has left the site. Mr. Frissell stated recently some employees were burning tumbleweeds which had been
addressed. Mr. Frissell stated this is a large site and will take some time to get the debris cleaned up.
ID In response to Commissioner Cozad, Mr. Frissell stated twenty-five (25) feet off A-1 Organics'
property line is a neighboring property. He stated hired help goes onto the neighbor's property to clean
up litter and he believes there is an agreement in place with the neighbor that allows this.
• In response to Commissioner Conway, Mr. Frissell stated there are complaints documented from
2010, of debris leaving the site.
El Travis Bahnsen, representative of A-1 Organics, presented a Debris Abatement Plan and other
information. He stated they had planned to install an 18 -foot fence in December 2017, but a neighbor
stated he had concerns with the construction of the fence and so construction was halted. He stated they
continued to mitigate trash by hiring temporary laborers to clean it up. He reported there has been an
influx of material which has caused contamination and the litter fence will be a large help. He stated until
they have better infrastructure so they can properly handle the material, they will no longer accept the
delivery of debris causing the violation. Mr. Bahnsen highlighted some of the plans and stated they would
install the 18 -foot tall litter fence, continue to make improvements to the existing six (6) foot tall fence
along the roadway, and additional improvements to a three (3) foot fence across the roadway, so
eventually they will have a three (3) fence system, and will continue to remove debris weekly. In response
to Commissioner Kirkmeyer, Mr. Bahnsen stated they were partners in the Heartland Biogas project and
the plant would have been able to handle the material and process it. He stated with the plant closing
they have been trying to handle the material as best they can.
• In response to Chair Moreno, Mr. Bahnsen stated they stopped accepting the materials about three
(3) weeks ago.
Minutes, April 16, 2018
Page 9
2018-1162
BC0016
• Kent Pendley, representative of A-1 Organics, stated with the closing of Heartland Biogas the issues
have escalated a lot more quickly. He stated as the complaints escalated, they started researching the
mitigation options. They were scheduled to construct the fence, but stopped; however, the fence has
been ordered. The company installing the fence has done other landfill fences around the area and comes
highly recommended. He explained it was decided not to accept any material, or to process the material
on the site until the fence system is complete. He stated they are aware there is a problem and will
continue to work on a solution. 0 In response to Commissioner Conway, Mr. Pendley stated the reason
building the fence was cancelled was because they received opposition to the fence being built. Mr.
Pendley stated this has been resolved, and the fence should be complete by the end of the week.
• Bob Yost, representative of A-1 Organics, stated there was further discussion with the adjacent
neighbor who agreed with the decision to install the fence. He submitted a letter, dated April 11, 2018,
as Exhibit A, stating the facility is in full compliance with the Department of Public Health and Environment
(CDPHE). In response to Commissioner Conway, Mr. Yost clarified the facility is in full compliance with
the Engineering Design and Operations Plan (EDOP). He stated they have to remain in compliance
through verification with the Environmental Leadership Program. Mr. Yost stated it has been a challenge
to hire temporary laborers to pick up the trash. He reported sixty-five (65) volunteers showed up on their
clean-up day to clean up the small pieces of plastic in the field. The volunteers would like to come back
for the next event because they understand the challenge with the high winds and keeping the debris
from blowing away. eIn response to Commissioner Conway, Mr. Yost confirmed they started diverting
materials about three (3) weeks ago.
• John Griffiths, representative of Alpine Recycling, stated they are the largest collector of commercial
organic material in Colorado and have a lot of business in Weld County. A-1 Organics is a very beneficial
component of the recycling industry because they take a material that was going to a landfill and create
something useful and vaulable. He stated A-1 Organics represents an essential part of the eco-system
in the State. He made a plea to the Board to allow A-1 Organics to continue with the work they have been
doing. 0 In response to Commissioner Cozad, Mr. Griffiths stated the fence they are installing will be
sufficient for litter mitigation.
• Dave Stewart, President of Stewart Environmental, presented photos of the debris littered on the
Gutterson property. He reviewed odor, flies, and the past violation with Weld County, and the CDPHE.
He stated Mr. Gutterson lives about three (3) miles to the north and the odor issue concentrates at his
house. Mr. Stewart presented a video of the trash on the Gutterson's property, taken by a drone. He
stated the drone traveled about 500 yards into the Gutterson property and trash can still be seen on the
property. He submitted a letter from Doug Ford, Veterinarian, stating health issues occur in young calves
when they digest the trash that has blown in the pasture. Mr. Stewart stated the litter fence will be an
improvement, but will not stop the trash from entering the Gutterson's property. He reported there has
not been any documentation about mixing temperatures and they should keep the compost pile aerobic.
Mr. Stewart reported the CDPHE could not locate any records during their inspections, and the Air Quality
Division did find concerns with the air quality.
• In response to Commissioner Kirkmeyer, Mr. Stewart stated they haven't received an updated
Engineering Design and Operations Plan (EDOP), which was due in 2010, and expressed frustration with
A-1 Organics not following the procedures as required by the State. He stated Mr. Gutterson has tried to
be a good neighbor and addressed problems when they arose, but he can't use part of the pasture for
grazing because of the trash. 0 He further stated the odor doesn't have to meet a 15:1 threshold if
Minutes, April 16, 2018
Page 10
2018-1162
BC0016
there is a complaint. Mr. Frissell stated he has been out to the facility when there is an odor, but he
doesn't believe there needs to be an odor abatement plan.
re In response to Commissioner Conway, Mr. Stewart stated the best scenario is not to accept plastic
at all and there are wind constraints on the neighboring Waste Management Plant, which shuts down on
a windy day. It affects the grazing operation because the trash goes onto the property. This has been an
on -going problem for fourteen (14) years, and as such, Mr. Gutterson is frustrated because it is still
happening.
• In response to Commissioner Cozad, Mr. Stewart stated they are required to update the EDOP
when changes are made as to how they are operating the facility He stated they are accepting waste
that they weren't accepting at the beginning of their operation. O Mr. Stewart stated the debris goes
for miles on the ranch, so it would take a lot of time and effort for clean-up.
• Art Gutterson, adjacent landowner, stated he has been neighbors of A-1 Organics for eighteen (18)
years and expressed frustration about the trash coming onto the ranch. Mr. Gutterson stated the facility
is used for composting, but they are processing trash materials. He stated this has been a problem for
eighteen (18) years and he has worked with several Weld County staff; however, this has never been
resolved.
• In response to Chair Moreno, Mr. Gutterson stated he doesn't have any concerns with people
coming onto the property to cleanup the trash, but it has to be cleaned up by hand, because it is native
grasses. Therefore; it could take a couple of months to clean up the property. In response to
Commissioner Cozad, Mr. Gutterson stated about four (4) square miles would need to be cleaned up.
In response to Commissioner Conway, Mr. Gutterson explained this has been a problem for
eighteen (18) years, but it has escalated. He has worked with A-1 Organics to remedy this problem and
has a letter addressed to the County in 2004, and explained the waste A-1 Organics is accepting should
be going to a landfill. He stated the trash problem is new, but the flies and odor have been on -going.
• Mr. Yost addressed the EDOP report and stated he has one ready to submit to the State,
June 1, 2018. The State asked Mr. Yost to wait to submit the EDOP from 2010, because they were going
through some regulatory changes. Mr. Yost explained this is a great company that benefits Weld County.
He stated 99.9% of the materials the facility receives are compostable. He stated they invested a million
dollars into Heartland Biogas to help digest the organics. Mr. Yost stated the litter has been an issue and
a challenge. They will be proactive in picking up the litter, by using vacuums, rakes and people, and will
continue to clean up Mr. Gutterson's property and keep better records of temperatures, and materials
that will qualify.
• Mr. Yost reviewed the plan to get the Gutterson property cleaned up including: allowing
Mr. Gutterson to use 120 acres of A-1 Organics property for grazing, and leasing part of the Gutterson
property to clean up the trash. He stated they tried to use Heartland Biogas, LLC, to clean some of the
trash, but now Heartland is stuck in a legal process and they are unable to use the facility.
• In response to Commissioner Cozad, Mr. Yost stated the plan was submitted to the Gutterson's the
last week and he would be happy to review it with Mr. Gutterson. Mr. Yost stated the netting will be on all
three (3) fences and the EDOP will be submitted on June 1, 2018.
Minutes, April 16, 2018
Page 11
2018-1162
BC0016
In response to Commissioner Freeman, Mr. Yost stated the fence A-1 Organics will install is similar
to the facility along State Highway 14, because it is efficient at keeping the debris in the fenced area.
El Mr. Yost explained the facility no longer grinds materials to make smaller pieces to get it into the
wind rows and what they use now is a slow speed shredder to try to make the compost bag smaller.
Commissioner Cozad clarified A-1 Organics is no longer accepting this type of material.
El Mr. Bahnsen stated they have two (2) certified nasal rangers to monitor the site weekly, and are
able to identify an odor coming from the facility and remedy it. They carefully monitor the wind speed and
if it reaches 20 miles per hour, they shut down the operations.
Commissioner Kirkmeyer clarified the Board needs to decide if there is evidence to find they are in
violation of the Conditions of Approval or not in compliance with the Development Standards.
Commissioner Kirkmeyer stated she believes A-1 Organics is not a good neighbor and are not doing a
good enough job with debris abatement. She stated if they are taking in new materials, they will need to
get written approval from the County and the State, or they are not complying. She stated they are out of
compliance with Development Standard #9. = Mr. Yost stated they are trying to do a better job with
complying and they will improve their plan. He stated they keep records on the materials they bring in,
and it is his opinion they are not in violation. la Commissioner Kirkmeyer stated she appreciates all his
efforts, but doesn't feel that the plan is robust enough. She stated she would like to move to a Show
Cause Hearing and give A-1 Organics the opportunity to get things fixed.
Ei Commissioner Freeman stated if there is a landfill, trash will get out, but it needs to be picked up.
He stated there really isn't a sure-fire way to keep trash from getting out, and feels like Development
Standard #13 is the only one with which they are out of compliance.
In response to Commissioner Conway, Mr. Bahnsen stated the 120 acres was offered to
Mr. Gutterson to allow his cows to use the pasture.
In response to Commissioner Cozad, Mr. Frissell stated during the last inspection conducted in
2017, staff found A-1 Organics to be complying, except for the noted debris. He stated this included the
record keeping, EDOP, and the files submitted. He stated the EDOP is over eighteen (18) years old which
is out of date, so it is hard to say what they are out of compliance with. Mr. Frissell stated staff will come
out on a valid compliant and work with the applicant as well as the adjacent neighbors.
In response to Commissioner Cozad, Mr. Frissell stated he investigated each complaint with a
certified Nasal Ranger and there is odor on the site but after they tested, the odor was not over a 2:1 ratio
which is within their allowed threshold.
Mr. Bahnsen stated State regulations were updated and amended by the State in October, 2017,
and if A-1 Organics submits the revised EDOP, by June 30, 2018, they will be in compliance. After further
discussion, it was agreed that the facility follow the 2000 EDOP until June 30, 2018, or the submittal of
the revised EDOP. Chris Skelton, representative of A-1 Organics, presented the EDOP regulations and
stated every five (5) years the State reviews their regulations, and then they have 180 days to comply
with any revised regulations. = Mr. Frissell confirmed the State gave the facilities until June 30, 2018,
to submit a revised EDOP to the State and they would be considered in compliance until the new approval
letter was issued.
Minutes, April 16, 2018
Page 12
2018-1162
BC0016
After further discussion, it was agreed that the Show Cause Hearing be moved out past the EDOP
submital date. 0 Commissioner Kirkmeyer moved to set the date for the Show Cause Hearing for July
11, 2018, and the motion was seconded by Commissioner Conway. Commissioner Kirkmeyer stated the
Board can add other Development Standards for the Show Cause Hearing, so A-1 Organics should do
everything they can to be a good neighbor. Commissioner Conway stated for trash in the pasture is a
very serious issue to the health of cows and will impact the cattle industry.
Mr. Bachnsen stated they will get this cleaned up and remediated as quickly as possible and will
continue their clean-up efforts. After further discussion, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. No Ordinances were approved.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Clerk to the Board.
There being no further business, this meeting was adjourned at 3:40 p.m.
BOARD OF COUNTY COMMISSIONERS
WELI COUNTY, COLORADO
ATTEST: da,(4,G
Weld County Clerk to the Board
BY:
o.
Deputy Clerk to the Bo
Steve Moreno, Chair
arbara Kirkmeyer
Sean P. Conway
tefat:Cd ear
Julie A. Cozad
--Fct;Sz2,4„.
Mike Freeman
Minutes, April 16, 2018
Page 13
2018-1162
BC0016
ATTENDANCE LIST
Vilt1/2
NAME
-
PLEASE
PRINT
LEGIBLY
ADDRESS,
CITY,
ST,
ZIP
EMAIL
COUNTY
RESIDENCE?
OF
SPEAKING?
(Y
/
N)
C--(nrote0
mcn• cal
(Afth
A)
ehri
-Reviled?
itei--3 Cei(el)
LidivF(e-tiat
1/147 i�j
Gt.
'biriffs
i CaA'
/t
4Gtf'e II-' 4
O
2.--
Pti ,$1“34-12,
/
/7 71 e‘ c=asi_aefelS
Zaej
•Sie‘gle•*2t.ir. G.
afreAe,
/
ea'y,
_ 6-1-€ id
\k&\ 11/4
PO S r z
r vP.S;
re,eLinr ag 40
I i eoktk
rffS u
fi �
..)&ci.
v
cm-\9;%-lS Cio
uel-\
\iniv
vkitX,
Nie\ -1151-;
\,lk,
Pi
P.i
l
212 .2 E -4.4v< <x,��e, & iceo--3yl.J�;
� er I erg, l � ��
L��� l
7
cn rt :-. r shnoisc.r v
L\ktel
o
r,�r
ZZFS7
Pp:
Yic,534
Jo1.ns1"-c.,..r,
Wo--))
_
it
‘642/ -1,-
il
1.)1Nitsfron--
3 4
_.c.
ev-
Tht1ccnt
?cft Srrczjo
d-7 ci3 hh°
res .1;1yr
e;
e (--
seta ni go S3L--)
p+esrc2I-c
174ar-0( � w�<<bLY`
-3c 1 1 -0 \e\ �r�
2c3 C�.ree ley Co
L-1 fed
1
—�� --
\)409k
Alter `ieTZ5e.f'
\1SDG L2
�
wtt ►
5i �
5 CYO
Ltkttot
N
\:-‘or
—I
Mack
ive2
171 courai
Ave
Ft- LAD
r
9
ne
4
-o
,
ii44"5 hid 14“7 -4 -e -N-
/ict; 3 rosnin-c
Au -L. itz,40, (O
info/
i,)
taitleAti
6e 4 t/Y1/441 4-
17 34 piny
IC -c_
rit t‘t p-e6i.
feri
V
cc
ocia;tz(4
PF RIF?... Z.
I irj c F p FOE'
f :,,a.k rr Fri G
Ds u > tao
iFrr:L
ev >= gf, IL v�
ittl
MU'
idn.)
6+ r-4
1 et
Prllp+nkrgjac(c.oin
pi
[/
Q nn 1
)L5
3 9
rrec4Qrk!L?.
Luplem
a dicca
/7
Afrcr ri 1..4
LiJ
Lit (
?(
4-frfivic
3C0 fry ry
Qhc
) ? G•
14350 k.))e--c-_
10,1-7v‘
-3-6 , Cr
Cl�c:44;ke_1-�oi., t a\ oire,anics
‘e‘ le(
i
�cu)/ ) cdl h s e -'1
1 4 3>b W C.,g 7
6 icAk2n, Co
I1'aU; ) bctinforvA 6 a l v�� wrn z.s . c -y,
OEM
y
K-l'ir � �
3 5re 005P -6-y
fijc,erroPi /D SO&
ic
�iV' !4I Cti.-1lJ
te� ilte(rmits
a (lS?.Lt
(,{„SD (ci
Ft.fric.-
��
//
i
7(06-.7
&31\ing-ilt&___164e
i O r4Okic%/e.6. Ge:itri
4,11(4rt�cS
�lra.x.�.f/
c.,.L
/o9o, i1 igs' vit.,
(�.i�ye,/
La 5/00 t
ATTENDANCE LIST
4---/4
NAME
-
PLEASE
PRINT
LEGIBLY
ADDRESS,
CITY,
ST,
ZIP
EMAIL
COUNTY
RESIDENCE?
OF
SPEAKING?
(Y
/
N)
5rf44.1*-4-ON
5 . w `e 54-
4thist\
tl)2 C-
O1+
€410ra . C04.4.1/4
nealos11D -,
4 c O'er ?e 41:11fieetiEAC°teikeg:,(laLLFCget2C
.vet
Vs�-�
ASQ4�`
S
��t
Gt
.
Hello