HomeMy WebLinkAbout20123021.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS,
SITTING AS THE BOARD OF HEALTH
WELD COUNTY, COLORADO
OCTOBER 19, 2012
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, October 19, 2012, 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 Sean P. Conway, Chair
Commissioner William F. Garcia, Pro-Tem
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther Gesick
Health Department representative, Mary Evett
Health Department representative, Trevor Jiricek
Health Department representative/translator, Silvia Cerrillo
Zoning Compliance representative, Bethany Salzman
I hereby certify that pursuant to a notice letter dated October 16, 2012, a public hearing was conducted
to consider the Nuisance Condition at the Rocky Mountain Vista Mobile Home Park, aka Sierra Vista
Mobile Home Park, located at 12623 County Road (CR) 6, Brighton, Colorado 80603. Bruce Barker,
County Attorney, made this a matter of record and explained the procedure for considering this case,
pursuant to Section 25-1-518, C.R.S., marked Exhibit B.
Mary Evett, Department of Public Health and Environment, reviewed the nuisance violation involving
the failure of the sewage disposal system occurring at the Rocky Mountain Vista Mobile Home Park,
aka Sierra Vista Mobile Home Park, and provided a summary of the timeline of events leading up to
today's hearing. She displayed a PowerPoint presentation, marked Exhibit A, which she reviewed for
the record.
In response to questions from the Board, Trevor Jiricek, Director of Environmental Health Services,
indicated the State inspector was expected to visit the site this morning, and this has been an ongoing
situation being monitored by the State.
Ms. Evett continued her presentation and she and Mr. Jiricek addressed additional questions from the
Board regarding their findings at the site and concerns with the conditions. She provided copies of the
notice which was distributed to the residents yesterday informing them of today's hearing, marked
Minutes, October 19, 2012 2012-3021
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Exhibit C. She also confirmed the Park has been providing trash removal at least twice a week;
however, some of the residents have not been removing the trash from their properties to the trash
dumpsters, as documented in the photographs. She also addressed questions regarding the pumping
frequency prior to the violation, the partial fencing, and the undocumented alterations which have been
made to the system. Mr. Jiricek also clarified this system is subject to State oversight; however, it is
being reviewed today due to the recent severity of the nuisance condition.
Steve Whitmore, Attorney, represented the court-appointed receiver, M. Shapiro Real Estate Group, do
Gary Moschetti, and stated they became aware of the situation on Tuesday of this week. Since that
time they have been working with County staff to determine the best way to abate the immediate health
risk. Mr. Whitmore stated the system was pumped on October 16, 2012, and they are working to
contract a new pumper, improve the fencing, submit to twice daily inspections, and provide reports to
the County.
Commissioner Rademacher referenced item #3 of the proposed Consent Agreement and proposed the
word "attempts" be changed to "will". He further stated, in addition to correcting the situation, they need
to ensure the current filth is cleaned up. Mr. Barker stated the purpose of this hearing is to ensure the
immediate health concerns are addressed; however, the long-term remedy issues remain under the
jurisdiction of the Colorado Department of Public Health and Environment. He further stated the Board
also has the option to submit a written statement to the Colorado Department of Public Health and
Environment, and the Governor's Office, expressing the desire for immediate attention and abatement
of the public health and safety risks.
Commissioner Garcia referenced the State statute handout, marked Exhibit B, and Mr. Barker provided
his interpretation of the laws relating to Citi National Bank being the primary lien holder. He stated,
pursuant to the foreclosure documents, the property is scheduled for sale on January 2, 2013. He
confirmed, although the Court Order indicates the receiver is not to incur any financial liability, there are
other options to obtain the necessary funding to remedy the situation on the property. Mr. Whitmore
explained the receiver has inherited the problem, when appointed on September 4, 2012; however,
they did not create it. Based on previous testimony, Mr. Jiricek clarified the basis for the decision to
cease pumping was apparently due to the cost. Responding to further questions, staff discussed the
vague understanding of the recent pumping receipt for 1,000 gallons, which reflects only a small
fraction of the system's capacity.
Commissioner Kirkmeyer addressed the Consent Agreement and expressed the need for additional
enforcement measures and oversight, due to her lack of faith in the abilities of the on-site manager.
Silvia Cerrillo, Department of Public Health and Environment, provided translation services for Rebecca
Valdez and Manual Garcia, Park residents. Ms. Valdez indicated they have been having problems with
the system for more than a year, she has witnessed three of the five tanks overflowing/discharging
during the past year, and she did report the problem to the manager; however, no action was taken. In
response to Chair Conway, Ms. Valdez stated she has not witnessed a State inspector during this time.
She also expressed concern with the electrical hazard near the septic tanks, and she did confirm the
kids do play in the septic field area every day. Responding to Commissioner Rademacher, Ms. Valdez
stated she has not witnessed sewage flowing to the ditch. Mr. Garcia also complained of the odor of
raw sewage which is very strong — even in their homes. He stated the problem gets worse in the
winter, there have been problems for the four years they have lived there, and the manager blames the
children for plugging up the systems.
Minutes, October 19, 2012 2012-3021
Page 2 BC0016
Ms. Cerrillo also reported she did receive a telephone call from Denise Ortega questioning whether it is
safe for the residents to remain and asked for a report of today's decision. Mr. Jiricek stated he will
provide a response at the conclusion of the hearing. Chair Conway closed public testimony.
Responding to Commissioner Rademacher, Bethany Salzman, Zoning Compliance Officer, stated
letters from the Zoning Compliance and Building Inspection offices were sent this week to address
staff's findings of the immediate threat of the sewage disposal system. She also confirmed that
although the electrical issue does need to be addressed, it is not posing an immediate threat.
Mr. Whitmore clarified his comments will be limited to the septic system failure, since the electrical
issue was not previously raised in the notice and he is not prepared/authorized to respond. He asked
the Board to consider that professionals from the Health Department have been to the site and have
come to the conclusion that the agreement, as presented, does protect the public at this point.
Mr. Barker recommended addressing the income being received from rents, and then the costs of
cleaning the site. He stated the receiver is in possession of the property pursuant to the Order
Appointing Receiver, and paragraph 2.a indicates they are responsible to get the work done. He
referenced paragraph 2.d which orders the preservation/maintenance of the property; however, their
actions have resulted in diminution of the property, and paragraph 2.k authorizes them to deal with/hire
contracted professionals to clean up the property in accordance with the income coming in. Mr. Barker
cited paragraph 2.x, which indicates they may borrow money to get the job done, and the park is valued
at $1.6 million. Lastly, he stated the Board of Health has the authority to order the work be done today
and that the cost be assessed to City Bank as a lien against the property.
Mr. Whitmore addressed the receiver's position and asked the Board to accept the signed Consent
Agreement to address the immediate health concern through fencing until the remediation is complete.
Mr. Jiricek stated staff discussed abatement of the immediate and apparent health threat of waste
surfacing. He stated although the County just became aware of the situation this week, the public
testimony indicates the system has been failing for a long time and there will be a significant cost to
correct the situation. Therefore, his intent through the drafting of the Agreement, is to monitor the site
and find the balance of protecting the residents while controlling the cost due to the foreclosure
situation. Chair Conway agreed that the State is ultimately responsible for ensuring compliance;
however, he is somewhat skeptical and hopes today's action will compel them to do their job.
Commissioner Kirkmeyer reviewed the provisions in the Agreement and provided instruction for
changes to the language as follows: Item 1 - remove the on-site manager and require that the twice
daily inspections be conducted by a mutually agreed upon third party who will report to the Health
Department; Item 2 - require that the third party inspector or receiver contract to have the system
pumped immediately; Item 3 - Receiver will coordinate with Health staff to develop a pumping schedule
which will remediate the health concerns; and Item 4 - Receiver will construct fencing which is sufficient
to prevent small children from accessing the leach field area. Additionally, Commissioner Kirkmeyer
requested a schedule for cleaning up the contaminated soils and surface areas, bilingual
(English/Spanish) signage instructing the Park residents that they should not play or walk in the
contaminated area, and that the electrical wiring be inspected and addressed immediately if a safety
concern is raised.
(Clerk's Note: No audio recording available prior to this point in the proceedings.)
El Commissioner Rademacher also instructed that Item 5 be amended to require the third party, in
conjunction with the Receiver, provide the weekly report to staff.
Minutes, October 19, 2012 2012-3021
Page 3 BC0016
ID Mr. Whitmore stated he only has the authority to agree to what is currently in the signed
Agreement and he will need to consult with the Receiver to ascertain whether they will be agreeable to
the modifications presented by the Board. The Board reiterated their lack of confidence in the on-site
manager. In response to Commissioner Rademacher, Mr. Barker agreed the Board does have the
authority to enforce immediate correction to the site without the Consent Agreement. Chair Conway
called a five-minute recess to allow Mr. Whitmore an opportunity to contact his client and determine
whether they are agreeable to the proposed changes.
El Upon reconvening, Mr. Whitmore stated he was unable to contact the Receiver and is unable to
bind them to any terms which are not currently contained within the signed Consent Agreement;
however, he proposed a brief continuance of the hearing under the agreed upon terms of the
Agreement, which will protect the citizens in the short-term, until necessary contacts may be made and
the work completed. In response to Commissioner Garcia, Mr. Whitmore indicated his client does
intend to comply with the terms immediately. Responding to Chair Conway, Mr. Jiricek confirmed it is
his belief that the Agreement is sufficient to address the immediate health concern.
El Commissioner Kirkmeyer moved to approve the Resolution which was presented for a Finding
and Order: Abatement of the Nuisance Condition on Property for which M. Shapiro Development
Company is the Appointed Receiver under Section 25-1-518, C.R.S. She commented that the sewage
disposal system is not functioning properly; it has been observed overflowing/discharging and
contaminating the soil, which poses an immediate public health and safety risk which should be
remedied by the Colorado Department of Public Health and Environment. Based on those comments,
Commissioner Kirkmeyer included in her motion to amend the Resolution to include the Consent
Agreement, by reference, with the revisions as previously cited, and that the matter be continued to
November 5, 2012, to allow the Board of Health additional opportunity to review to what extent the
Order has been complied with and determine whether further modifications are necessary. The motion
was seconded by Commissioner Rademacher. Commissioner Long stated the surface contamination
does pose a serious health threat and the contaminated soils need to be abated. Commissioner Garcia
thanked Mr. Whitmore for attending and instructed him to pass along the impacts being made to the
residents as testified to by public testimony today. Commissioner Rademacher expressed his
frustration with the State Health Department for not following through in this situation sooner. Chair
Conway agreed and stated the State of Colorado has failed in its responsibility and he feels a letter to
the Governor is highly appropriate in this case. Commissioner Long also expressed concern that if the
State has allowed this situation to linger, there may be other locations that are not being addressed by
the State. Commissioner Kirkmeyer provided instruction to the County Attorney to draft a letter on
behalf of the Board expressing their disgust in the failure of the State in allowing this to continue for
years and their concern that they may be failing to protect the citizens at other locations as well. There
being no further discussion, the motion carried unanimously and the hearing was completed at
11:15 a.m.
Minutes, October 19, 2012 2012-3021
Page 4 BC0016
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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Sean C y, Chair
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Minutes, October 19, 2012 2012-3021
Page 5 BC0016
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