HomeMy WebLinkAbout20162177.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JULY 11, 2016
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, July 11, 2016, at the hour of 9:00 a.m.
OBSERVED A MOMENT OF SILENCE: Commissioner Conway requested a moment of silence be
observed for the fallen police officers involved in the Dallas shooting.
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 Mike Freeman, Chair
Commissioner Sean P. Conway, Pro -Tern
Commissioner Julie A. Cozad
Commissioner Barbara Kirkmeyer
Commissioner Steve Moreno
Also present:
County Attorney, Bruce Barker
Acting Clerk to the Board, Stephanie Frederick
Senior Accountant, Chris D' Ovidio
• MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of July 6, 2016, as printed. Commissioner Kirkmeyer seconded the motion, and
it carried unanimously.
• CERTIFICATION OF HEARINGS: Commissioner Kirkmeyer moved to approve the Certification of
Hearings conducted on July 6, 2016, as follows: 1) USR16-0012 - Rosa Melinda Chicas-Arriaza, c/o
Bulldog Trucking, LLC, 2) USR16-0013 - Terry and Roberta Vider, and 3) PUDZ16-0001 - Gander Valley
Farms, Ltd. Commissioner Conway seconded the motion, which carried unanimously.
Fa AMENDMENTS TO AGENDA: There were no amendments to the agenda.
• CONSENT AGENDA: Commissioner Cozad moved to approve the Consent Agenda as printed.
Commissioner Moreno seconded the motion, and it carried unanimously.
PRESENTATIONS:
• 1) RECOGNITION OF SERVICES, JUVENILE COMMUNITY REVIEW BOARD - KELLY SLADE,
GINGER GEISSINGER, AUDREY GALLOWAY, KIRSTA BRITTON, KIMBERLY KINNE, AND
CHARLES ARCHIBEQUE: Chair Freeman read the certificates for the record recognizing each person
for their dedication to the board.
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• 2) RECOGNITION OF SERVICES, BOARD OF PUBLIC HEALTH - KENNETH ANDREWS: Chair
Freeman read the certificate for the record.
• 3) PRESENTATION OF THE FAIR BOOK BY WELD COUNTY FAIR ROYALTY: Brook Mercer,
Alaina Endreson, and Lily Helzer, Fair Royalty, presented the calendar of events and the Fair Book for
the Weld County Fair beginning July 27, 2016, through August 1, 2016. Each one of the Commissioners
thanked them for being outstanding ambassadors for the Weld County Fair. In response to Commissioner
Kirkmeyer the girls described their involvement with 4-H. The Commissioners recognized Pat Kindvall for
her involvement with the Fair and thanked her for all her hard work. (Clerk's Note: the Board meeting was
paused for a photo opportunity.)
ER PUBLIC INPUT: No public input was given.
NEW BUSINESS:
• 1) CONSIDER MEMORANDUM OF UNDERSTANDING FOR WORKFORCE INNOVATIVE
OPPORTUNITY ACT AND AUTHORIZE CHAIR TO SIGN: Judy Griego, Director of Department of
Human Services, reviewed the terms to establish a non -financial agreement with the Colorado
Department of Labor and Employment, concerning the jobs for Veterans State Grant and Division of
Unemployment Insurance, which are part of the requirements for the Workforce Innovation and
Opportunity Act, of 2014. Commissioner Moreno moved to approve said memorandum of understanding
and authorize the Chair to sign. Seconded by Commissioner Cozad, the motion carried unanimously.
2) CONSIDER SECOND AMENDMENT TO DIAGNOSTIC SERVICES AGREEMENT FOR
TUBERCULOSIS CONTROL PROGRAM AND AUTHORIZE CHAIR TO SIGN - BANNER HEALTH, DBA
NORTH COLORADO MEDICAL CENTER: Dr. Mark Wallace, Director of the Department of Public Health
and Environment, presented the details of the amendment to the agreement with Banner Health to
provide the technical component of diagnostic imaging and radiology services for the Tuberculosis
Control Program. Commissioner Conway moved to approve said amendment and authorize the Chair to
sign. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously.
• 3) CONSIDER SECOND AMENDMENT TO DIAGNOSTIC SERVICES AGREEMENT FOR
WOMEN'S WELLNESS CONNECTION PROGRAM AND AUTHORIZE CHAIR TO SIGN - BANNER
HEALTH, DBA NORTH COLORADO MEDICAL CENTER: Dr. Wallace reviewed the terms of the
amendment to the agreement with Banner Health to provide the technical component of diagnostic
imaging and radiology services for the Women's Wellness Connection program. Commissioner Conway
moved to approve said amendment and authorize the Chair to sign. The motion, which was seconded by
Commissioner Kirkmeyer, carried unanimously.
la 4) CONSIDER AGREEMENT FOR CNG FUEL SITE MAINTENANCE AND AUTHORIZE CHAIR
TO SIGN - WARD ALTERNATIVE ENERGY, LLC: Toby Taylor, Director of Buildings and Grounds, stated
this is an agreement for CNG Fuel Site Maintenance. Commissioner Kirkmeyer moved to approve said
agreement and authorize the Chair to sign. The motion was seconded by Commissioner Cozad, and it
carried unanimously.
5) CONSIDER TEMPORARY CLOSURE OF CR 62.5 BETWEEN CRS 49 AND 51: Janet
Lundquist, Department of Public Works, reviewed the terms for the closure, effective July 25, 2016,
through August 12, 2016, for a bridge re -deck. She stated staff will use standard road signs and
barricades. Commissioner Cozad moved to approve said closure. Seconded by Commissioner Moreno,
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the motion carried unanimously.
• 6) CONSIDER ITEMIZED LIST OF LEGAL HOLIDAYS DURING CALENDAR YEAR 2017:
Commissioner Kirkmeyer moved to approve said list of legal holidays. The motion was seconded by
Commissioner Cozad, and it carried unanimously.
• 7) CONSIDER REAPPOINTMENTS TO BOARD OF ADJUSTMENT: Commissioner Conway
moved to approve said reappointments. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
O7 8) CONS►DER APPOINTMENT, REAPPOINTMENT AND REASSIGNMENT TO BOARD OF
PUBLIC HEALTH: Commissioner Cozad moved to approve said appointment, reappointment and
reassignment. The motion, which was seconded by Commissioner Conway, carried unanimously.
• 9) CONSIDER REAPPOINTMENTS AND REASSIGNMENTS TO JUVENILE COMMUNITY
REVIEW BOARD: Commissioner Moreno moved to approve said reappointments and reassignments.
Commissioner Conway seconded the motion, and it carried unanimously.
• 10) CONSIDER RENEWAL APPLICATION FOR RETAIL LIQUOR STORE LICENSE AND
AUTHORIZE CHAIR TO SIGN - RLF, INC., DBA CJ'S LIQUOR: Frank Haug, Assistant County Attorney,
presented the renewal application and noted the Sheriff's Office reported there have been no calls for
service, and recommended approval. Commissioner Cozad moved to grant said license renewal and
authorize the Chair to sign. The motion, which was seconded by Commissioner Kirkmeyer, carried
unanimously.
• 11) CONSIDER RENEWAL APPLICATION FOR TAVERN LIQUOR LICENSE AND AUTHORIZE
CHAIR TO SIGN - VIPER 2, INC., DBA BORDERLINE: Mr. Haug presented the renewal application and
noted the Sheriff's Office reported there have been no calls for service, and recommended approval.
Commissioner Conway moved to approve said renewal application and authorize the Chair to sign. The
motion, which was seconded by Commissioner Moreno, carried unanimously. (Clerk's Note: the meeting
was recessed at 9:37 a.m. for five (5) minutes.)
PLANNING:
• 1) CONSIDER PROBABLE CAUSE HEARING CONCERNING MINOR AMENDED USE BY
SPECIAL REVIEW PERMIT, MUSR14-0030 - HEARTLAND BIOGAS, LLC: Chris Gathman, Department
of Planning Services, stated the reason for the hearing is to determine whether or not Heartland Biogas,
LLC, is in compliance with development standards #17, #21, and #44 from the Site Specific Development
Plan, MUSR14-0030. Mr. Gathman reviewed the timeline of when the permits were approved and noted
that in the last permit application the applicant would be reducing the amount of trips by 10 percent.
Mr. Gathman stated on November 10, 2015, he and the Planning Staff started receiving complaints about
the odor and from that time to June 25, 2016, staff has received and logged 91 odor complaints. Only
one time air readings were taken, on 4/27/2016, the odors exceeded the (7:1) dilution threshold. Mr.
Gathman made known that there is currently a separate process with the State of Colorado, regarding
this non-compliance. U.Phil Brewer, Department of Public Health and Environment, reported that most
complaints were received in the evening rather than during the day. He displayed a slide that showed a
map of where the complaints have come from and added the complaints have been received sporadically.
Mr. Brewer stated he has received complaints from as far as three (3) miles north and south of the facility.
The major compliant that resulted in a violation was on County Road 40, which is located immediately
south of Heartland Biogas, LLC. He explained all his odor findings, except for the one on April 27, 2016,
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have been less than the 7:1 ratio. He explained the ratio means the volume of air containing odor mixed
with the volume of air not containing odor. He suggested the violation was during a very unusual
metrological event. Mr. Brewer described his certifications and the instruments he uses. He stated the
odors are not good even though they are not in violation. In response to Commissioner Conway, Mr.
Brewer stated he has been out to the area about 23 times since November 10, 2015, and explained that
the testing standard was accepted by the State of Colorado Air Quality Control Commission and is the
standard adopted and used by the State. Frank Haug, Assistant County Attorney, clarified the
reason for the hearing is to find if the facility is in compliance with the USR. Mr. Haug explained how Mr.
Brewer takes his measurements from the property line. In response to Commissioner Kirkmeyer, Mr.
Brewer explained that the measurements are usually taken at the property line, and his goal is to be close
to the odor but not right on it. Mr. Brewer stated the testing was dis ersed throughout the area from as
far away as 3 miles and at different times throughout the day. Fa Ralph Daley, owner of Heartland
Biogas, LLC, introduced the plant manager, Jason Thomas, who is also certified to be an odor inspector.
Mr. Daley stated Heartland Biogas, LLC, maintains environmental compliance as a core value and feels
it is important to be a good corporate citizen. He reported the digester part of the facility commenced
start-up operations in Fall 2015. He addressed the violation that occurred on April 27, 2016, and explained
that this occurred when they were just newly setting up the plant. eMr. Thomas explained he has
been involved in odor mitigation for a long time and displayed a presentation about the operations of the
facility. He explained the facility operations is converting large amounts of waste to useable methane gas
production. He explained the plant is still in its start-up phase and is currently operating only during the
day hours. He expressed the challenge of this facility is to process large amounts of organic waste
materials, convert them into useful products and store them, and he described the sources of the odors
within the facility. He stated they chemically treat the odors by neutralizing them to meet the June
1, 2016, deadline. He acknowledged this is not a perfect solution, it is expensive and it is hard to cover a
large area. He expressed weather can change the way the odors move and he is continuing to look for
solutions to eliminate odors. Mr. Daley stated he is making evaluations about the current odor
elimination systems and implementing possible solutions. He stated the facility has a commitment to fix
the odor issue. la In response to Commissioner Conway, Mr. Thomas explained the start-up phase will
probably take four to six months to slowly increase the gas production and as that happens he will ramp
up the odor mitigation at the same time. Mr. Thomas reassured the Board he will have enough chemicals
to treat the facility odors and the anaerobic digester is the largest located in the United States.
James Welch, surrounding property owner, explained he lives three quarters of a mile southeast of the
plant. He described the smell as putrid and stated he is frustrated because he had to move his daughter's
wedding to a different venue, he can't be outside and sometimes the odor seeps into the house. He
suggested authorizing a type of community oversight committee. Kathy Hoyland, surrounding
property owner, located one mile southeast from the plant, expressed the odors are so bad they have to
leave the home and can't invite people over. She stated she has concerns about the health risks and
would like to know what is in the air. She stated she doesn't want Heartland Biogas, LLC, to be allowed
to expand operations and would like to assign a Commissioner to monitor the plant. ki Tim Nelson,
surrounding property owner, noted before the USR application was approved, he was reassured there
would be minimal odors, and the main concern would be the additional truck traffic. Mr. Nelson stated
Heartland Biogas, LLC, was dishonest about how bad the odors would be, and furthermore, it has
affected the quality of life for area residents. He pleaded with the Commissioners to please hold Heartland
Biogas, LLC, responsible and make them find a solution to the bad odors. Nancy Flippin,
surrounding property owner, stated she lives a half mile west of the plant and the odor is not getting
better. Ms. Flippin inquired if the chemical odor is toxic, does it cause symptoms and what will the quality
of health be once the plant is running at 100 percent? She inquired if the water table would be affected
and of the long term effects. She stated there should be a few months of twenty-four hour testing on the
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facility. She displayed a map of all the neighbors who are impacted by the odor. El Steve Flippin,
surrounding property owner, stated he is 800 feet from the plant and the closest resident and had made
several complaints to the plant manager during the past two years. He believes the odors have gotten
worse in the last nine months. Mr. Flippin suggested twenty-four hour testing and that results be
accessible by the residents. Russ Justice, surrounding property owner, one mile north of the plant,
stated it has changed his way of life. He questioned the safety of the residents if the facility presents an
explosion hazard. Joan Mark, surrounding property owner, lives about a mile from the plant,
expressed she is a third generation resident and has no intentions of selling her home.
Jane Johnson, surrounding property owner, stated she lives a mile southeast of the plant, is raising small
children, and is concerned with the health effects. She pointed out she received a letter in 2009 that
clearly stated the digestion process will occur in steel contained bins and no odors will be emitted. Ms.
Johnson presented a petition and letter, marked as Exhibits A and B. El Mr. Thomas made known that
he is available to try and find a solution to the odor and wants to understand what is causing the odor to
come and go with weather conditions. He stated the odors are not toxic, but some of the materials that
come off the stack have the potential to be toxic and these are closely monitored. He expressed he feels
that the odor has gotten better, but better doesn't mean they are done and he will continue to address
the odor. Commissioner Kirkmeyer stated it is good that Heartland Biogas wants to be a good
neighbor, but she is speaking from experience that the odor can come at inconvenient times. She
requested that Mr. Thomas find a resolution to the odor problem. In response to Commissioner
Kirkmeyer, Mr. Thomas stated he received a certified letter from the State of Colorado in regards to the
one violation. - Mr. Thomas stated he is in favor of the Community Advisory Committee and would
support the input and ideas from the neighbors. Commissioner Kirkmeyer clarified the Show Cause
process, for the public and stated she would like to see things get fixed. She agreed to approve the USR
in 2009 because she was told there wouldn't be emissions or odors and a Commissioner cannot attend
a neighborhood meeting as it would be considered a quasi-judicial meeting. Commissioner Kirkmeyer
suggested a Show Cause hearing and having a community advisory committee put in place.
E. Commissioner Cozad stated she understands the process of the biology. She commended Mr.
Thomas for his proposals to mitigate the odor and some of his solutions to eliminate the odor. She has
been out there, experienced the smell, and hopes Mr. Thomas is able to find a solution to the problems
and thanked Mr. Brewer and Mr. Thomas for their diligence at odor monitoring. She thanked the
neighbors for being open to having the plant out there in their neighborhood, but suggested Mr. Thomas
needs to work with them to fix their concerns, and put a plan in place to see the facility stay in compliance.
Commissioner Cozad stated there is enough evidence to move forward with a show cause hearing.
la Commissioner Conway referred the public's questions to Mr. Brewer who is qualified to note if there
are toxic ingredients in the air. Mr. Brewer suggested if there is a possibility of toxic materials in the air
this becomes an OSHA issue. Mr. Thomas explained all employees are trained to monitor H2S within the
facility. He had concerns that the odor is being detected to the southeast, because this is not a
predominate wind direction. Commissioner Conway stated he agrees with evidence being substantial
enough for a Show Cause hearing and the formation of a Community Advisory Committee is in the best
interest of the neighbors. In response to Commissioner Conway, Bruce Barker, County Attorney, stated
the rule states it should be measured at the property line, but could request testing to be monitored by a
private company at different points. la Commissioner Moreno stated he feels like Heartland Biogas,
LLC, wants to work with their neighbors and it is a good idea to slow operations down to 50 percent for a
time to see if a solution can be reached. Chair Freeman thanked the residents for coming and
offering their input and hopes everyone keeps working together to find a solution. EI
Commissioner Kirkmeyer suggested having the Show Cause hearing scheduled on September 19, 2016,
at 9:00a.m. She would like a progress report and see if there is an emergency operations plan in place
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for that area. Commissioner Kirkmeyer stated the Show Cause hearing is to find if the operation is in
compliance with the Conditions of Approval because of the reported violation of the 7:1 threshold on April
27, 2016. Commissioner Kirkmeyer moved to find there is probable cause and to move forward with a
hearing for Show Cause hearing on September 19, 2016, at 9:00 a.m. The motion was seconded by
Commissioner Cozad, and it carried unanimously. Commissioner Kirkmeyer stated she would like to see
a community group formed to work with the facility and get input and suggestions to the plant. She also
would like more information on sampling and monitoring and what is in the air. Each one of the
Commissioners thanked Mr. Thomas and Heartland Biogas, LLC, for working to get into compliance and
trying to be a good neighbor and applauded the residents for coming and being respectful and organized.
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 12:03 p.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddriL) ,4,
Weld County Clerk to the Board
BY.
ty Clerk to the Board
Mike Freeman, Chair
Conway, Pro-Tem
Julie A. Cozad
.77
arbara Kirkmeyer
Steve Moreno
Minutes, July 11, 2016
Page 6
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