HomeMy WebLinkAbout20091415.tiffRESOLUTION
RE: ACTION OF BOARD CONCERNING SUSPENSION OF SECOND AMENDED USE BY
SPECIAL REVIEW PERMIT #842 FOR A SOLID WASTE DISPOSAL SITE AND FACILITY
(COMMERCIAL JUNKYARD AND SALVAGE YARD INCLUDING TIRE LANDFILL,
STORAGE AND RECYCLING FACILITY) AND A MOBILE HOME FOR HOUSING IN THE
1-3 (INDUSTRIAL) ZONE DISTRICT, AND THIRD AMENDED USE BY SPECIAL REVIEW
PERMIT #842 FOR A SOLID WASTE DISPOSAL SITE AND FACILITY (COMMERCIAL
JUNKYARD AND SALVAGE YARD, INCLUDING A TIRE LANDFILL, STORAGE,
SHREDDING, AND RECYCLING FACILITY), MANUFACTURING/ PROCESSING
FACILITY (CRYOGENIC PROCESSING/CRUMB RUBBER), AND A MOBILE HOME FOR
HOUSING IN THE 1-3 (INDUSTRIAL) ZONE DISTRICT - TIRE RECYCLING, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on January 9, 2008, a Show Cause Hearing was conducted to consider
revocation of Second Amended Use by Special Review Permit #842 for a Solid Waste Disposal Site
and Facility (commercial junkyard and salvage yard including tire landfill, storage and recycling
facility) and a Mobile Home for Housing in the 1-3 (Industrial) Zone District, and Third Amended Use
by Special Review Permit #842 for a Solid Waste Disposal Site and Facility (commercial junkyard
and salvage yard, including a tire landfill, storage, shredding, and recycling facility),
Manufacturing/Processing Facility (cryogenic processing/crumb rubber), and a Mobile Home for
housing in the 1-3 (Industrial) Zone District, issued to Tire Recycling, Inc., 12311 County Road 41,
Hudson, Colorado 80623, and
WHEREAS, Tire Recycling, Inc., is the current owner of the facility located on property being
further described as follows:
Lots A and B of Recorded Exemption #1367; being
part of the S1/2S1/2SE1/4 and N1/2S1/2SE1/4 of
Section 32, Township 3 North, Range 65 West of the
6th P.M., Weld County, Colorado
WHEREAS, at said hearing on January 9, 2008, after hearing all testimony provided, the
Board deemed it advisable to continue the matter to March 12, 2008, at 10:00 a.m., in order to allow
a period of 60 days for the applicant to provide evidence of substantial compliance with
Development Standards #3, #4, #5, #7, #8, and #23, of Second Amended Use by Special Review
Permit #842, and
WHEREAS, at said hearing of March 12, 2008, after hearing all testimony provided, the
Board deemed it advisable to continue the matter to June 25, 2008, and then to August 27, 2008,
and then to November 19, 2008, and then to February 25, 2009, and then to April 29, 2009, at which
time all activities were suspended until July 29, 2009, and
2009-1415
(.//i /07
PL0456
RE: SUSPENSION OF 2ND/3RD AMUSR #842 - TIRE RECYCLING, INC.
PAGE 2
WHEREAS, on June 15, 2009, the Board was presented with a request from a Bankruptcy
Court -appointed Trustee for Tire Recycling, Inc., to lift the suspension and allow operations under
the direction of the new Trustee, and
WHEREAS, the Board of County Commissioners heard all of the testimony and statements
of those present, studied the request of the applicant and the recommendation of staff from the
Departments of Planning Services and Public Health and Environment, and all of the exhibits and
evidence presented in this matter and, having been fully informed, finds that the suspension for
Second Amended Use by Special Review Permit #842 be lifted, with the Condition that the facility be
found in compliance following a staff inspection to be completed within the next twenty-four (24)
hours; and that the Show Cause hearing previously schedule for July 29, 2009, remain active to
address the overall Show Cause process.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the 90 -day suspension be, and hereby is, abated, with the understanding that
the facility be found in compliance following a staff inspection to be completed within the next
twenty-four (24) hours, and that the facility be operated only to the extent of what is permitted under
Second Amended Use by Special Review Permit #842 until further determination is made at the
Show Cause hearing scheduled for July 29, 2009.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 15th day of June, A.D., 2009.
ATTEST:
Weld County Clerk to thW Board.
BY
177)O
Deputy Clerk, the Bo
ard
y
APED AS TO
County
o Y
County Attor ey
Date of signature: Jib
BOARD OF COUNTY COMMISSIONERS
WELD COUNT. COLORADO
Doug :s Rademac er, Pro-Tem
Sean� Conway J �'
ara Kirkmeyer
David E. Long
2009-1415
PL0456
Esther Gesick
From: Bruce Barker
"ent: Sunday, June 07, 2009 8:57 PM
o: William Garcia; Douglas Rademacher; Dave Long; Barbara Kirkmeyer; Sean Conway
Cc: Cyndy Giauque; Esther Gesick: Jacqueline Hatch; Kim Ogle
Subject: FW: Message from Hal Lewis re: Tire Recycling, Inc.
Attachments: TRI - Order Appt. Chapter 11 Trustee.pdf; TRI - UST's Appt of Chapter 11 Trustee.pdf
Board:
The best I can do is set this up for Monday, June 15th. I have responded back to Hal to let him know. But he may
appear at tomorrow's meeting (June 8th) to plead his case.
I will be with my son Barret at Buff Camp Monday through Wednesday. If it is OK with you all, I will ask staff to inspect
and place on the agenda for next Monday. I will ask for assurances from the Trustee that Dwain will, in fact, be only in
an "information only" role.
Bruce.
From: Harrie F. Lewis [hlewis@lindquist.com]
Sent: Wednesday, June 03, 2009 1:04 PM
To: Bruce Barker
Cc: M. Stephen Peters
Subject:
ruce,
Several days ago we discussed the possibility of a Chapter 11 Trustee being appointed in the Tire Recycling case. The
Bankruptcy Court now has appointed a Chapter 11 Trustee in the Tire Recycling bankruptcy proceeding, as well as the
related cases of Renewable Resources and Midway Landfill. The Trustee will now assume the control of and the
responsibility for operating Tire Recycling. Mr. Dwain Immel will now longer have a role in the management of the
Hudson site other than to respond to the Trustee's requests for information. The Trustee's name is Stephen Peters. Mr.
Peters is an experienced bankruptcy attorney and is one of the Chapter 7 panel trustees in the District of Colorado. Mr.
Peters has requested my law firm to represent him and assist in the administration of the Tire Recycling bankruptcy
estate. My firm has agreed to represent the Trustee, subject to Bankruptcy Court approval.
The overall course of action Trustee will pursue is to identify a viable and financially responsible buyer for the Hudson site
and consummate a sale as quickly as possible. Presently, the Trustee is targeting a six month time frame to find the
buyer, negotiate the sales contract, have the purchase agreement approved by the Bankruptcy Court, and then close the
sale. To accomplish this end, there are a few issues that Mr. Peters has identified as being critical for moving this case to
a successful conclusion. Perhaps the most critical issue is having the Second Amend Use By Special Review Permit
#842 ("Second Amended Permit") reinstated so he can operate Tire Recycling as an on -going entity between now and
when a sale is consummated. The Trustee has reached this conclusion based on two facts. First, the fair market value of
the Hudson site is greatly enhanced if it is an operating business. A fundamental goal of the Trustee is to maximize the
value of the site for the benefit of creditors of the bankruptcy estate. Secondly, the ability of the business to generate
income is dependent on being able to service its tire dealer customers by disposing of their used tires at the landfill.
Without that revenue stream, the Trustee's ability to pay ongoing costs and maintain the Debtor as an operating concern
is severely hampered, if not completely compromised. I would also suggest that it is in the public interest to reopen the
Hudson landfill so that tires may be properly disposed of in Weld County.
The Trustee has instructed me to request an emergency hearing with the Board of County Commissioners to consider the
instatement of the Second Amended Permit. If at all possible, I would request that this matter be scheduled for Monday,
June 8. Both Mr. Peters and I are available that day. Unfortunately, I have a conflict on Wednesday, June 10th.
1
If the Second Amended Permit is reinstated, Mr. Peters, of course, would desire to meet with representatives from the
Weld County Department of Planning Services, the Weld County Department of Public Health and Environment, and
other appropriate representatives of the County and State to assure the landfill would be operated in compliance with
applicable laws and regulations while under his control.
am attaching the following for your background information: 1) the bankruptcy judge's order approving the stipulation to
appoint a Chapter 11 Trustee and directing the United States Trustee to appointment a Chapter 11 Trustee and 2) the
United States Trustee's Appointment of Mr. Peters as the Trustee.
I appreciate your time and assistance getting this matter before the Board. Please contact me if you have any questions
that should be addressed prior to appearing before the Commissioners.
Hal Lewi
Attorney
600 17th Street Suite 1800 South Denver. CD 80202-5441
Office: 303-454-0507 Fax: 303-573-1956
LINDQUIST&VENNu \I'.
website I e-mail I vCard I map
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2
Case:07-17680-SBB Doc#:274 Filed:06/01/09 Entered:06/01/09 14:15:31 Pagel of 1
UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLORADO
In re: )
RENEWABLE RESOURCES, INC., ) Case No.: 07-17680-SBB
EIN: 32-0107530 ) Chapter 11
Debtor. )
)
In re: )
)
MIDWAY LANDFILL, INC., )
EIN: 84-1077802, )
Debtor. )
) _
In re: )
TIRE RECYCLING, INC., )
EIN: 84-0999485 )
Debtor. )
)
)
) _
Case No.: 07-17687-SBB
Chapter 11
Case No.: 07-17691-SBB
Chapter 11
Jointly Administered Under
Case No.: 07-17680-SBB
ORDER APPROVING STIPULATION AND
MOTION TO APPOINT CHAPTER 11 TRUSTEE
This matter came before the Court on the United States Trustee's and Debtors'
Stipulation and Motion Appoint Chapter 11 Trustee and good cause being shown therefore;
IT IS ORDERED that the Stipulation and Motion Appoint Chapter 11 Trustee is hereby
granted.
IT IS ORDERED that the United States Trustee shall appoint a Chapter 11 Trustee for
each above -captioned debtor.
IT IS FURTHER ORDERED that the hearing scheduled for June 24, 2009, at 9:00 in
Courtroom E is vacated.
Dated: June 1, 2009
By the Court:
Sidney B. Brooks
United States Bankruptcy Judge
Case:07-17680-SBB Doc#:275-1 Filed:06/02/09 Entered:06/02/09 10:00:24 Pagel of 1
UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLORADO
In re: )
)
RENEWABLE RESOURCES, INC., ) Case No.: 07-17680-SBB
EIN: 32-0107530 ) Chapter 11
Debtor. )
)
In re: )
)
MIDWAY LANDFILL, INC., ) Case No.: 07-17687-SBB
EIN: 84-1077802, ) Chapter 11
Debtor. )
)
In re: )
TIRE RECYCLING, INC., ) Case No.: 07-17691-SBB
EIN: 84-0999485 ) Chapter 11
Debtor. )
Jointly Administered Under
Case No.: 07-17680-SBB
)
UNITED STATES TRUSTEE'S APPOINTMENT OF CHAPTER 11 TRUSTEE
Pursuant to 11 U.S.C. §1104(a) and FRBP 2007.1, the United States Trustee appoints M.
Stephen Peters, Esquire., as the Chapter 11 Trustee for all above -captioned cases.
Dated this 2nd day of June, 2009.
Respectfully submitted,
CHARLES F. McVAY
UNITED STATES TRUSTEE
By: /s/ Paul V. Moss
Paul V. Moss, #26903
Attorney for the U.S. Trustee
999 18"' St., Suite 1551
Denver, CO 80202
Phone: (303) 312-7995
Facsimile: (303) 312-7259
E -Mail: Paul.Moss(ausdoj.gov
Esther Gesick
From:
Sent:
To:
Cc:
Subject:
Jacqueline Hatch
Friday, June 12, 2009 7:33 AM
Thomas Honn; Troy Swain: Bruce Barker
Esther Gesick
RE: tire storage
Tom
I'm a little nervous that Dwain is still working on behalf of Tire Recycling Inc. It is my
understanding that Mr. Peters is the representative at this point.
Thanks
Jacqueline
Original Message
From: Thomas Honn
Sent: Thursday, June 11, 2009 4:37 PM
To: Troy Swain; Jacqueline Hatch; Esther Gesick
Subject: FW: tire storage
Original Message
From: DMIMMEL@aol.com [mailto:DMIMMEL@aol.com]
Sent: Thursday, June 11, 2009 2:11 PM
To: Thomas Honn
Subject: tire storage
iom:
I realized that I forgot to send you an email related to the storage of our scrap tires while
the dp O1 permit is S Upcnded. We made al I allgclllcnLJ With as trailer leasing and storage
company in Adams County to store any trailers at their site until we are able to get the
suspension on the Hudson site lifted.
We removed all of the trailers that we being stored/parked off -site in Southern Weld County
by May 29, 2009, right after you and I spoke on this issue. Please let Troy Swain or any
others that you think need to know this information as well.
We do not want our competitors to know where we are storing these trailers full of tires,
since they would obviously like to try to get this trailer storage company to terminate this
storage arrangement to try to squeeze us out of the scrap tire collection business.
If you need any further information please call me to discuss.
Regards,
Tire Recycling, Inc.
Dwain Immel, President
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1
Esther Gesick
prom:
ant:
To:
Cc:
Subject:
Bruce Barker
Friday, June 12, 2009 3:14 PM
William Garcia; Douglas Rademacher; Dave Long; Barbara Kirkmeyer; Sean Conway
Esther Gesick; Jacqueline Hatch; Trevor Jiricek; Troy Swain; Kim Ogle
FW: Tire Recycling
See the attached. Hal has asked that you add his request to the agenda for consideration on
Monday.
Original Message
From: Harrie F. Lewis [mailto:hlewis@lindquist.com]
Sent: Friday, June 12, 2009 3:10 PM
To: Bruce Barker
Cc: M. Stephen Peters
Subject: RE: Tire Recycling
Bruce,
Thank you for your response to my email. Mr. Peters and I will be in
attendance at 9 a.m. on Monday, June 15 in hopes that the Board does put
this matter on the agenda.
I would like to update you and the Board of County Commissioners on the
status of the TRI bankruptcy as it relates to the Hudson site. On June
2009, the Bankruptcy Court approved the appointment of M. Stephen
,eters as Chapter 11 Trustee in the Tire Recycling Chapter 11
proceeding, as well as the affiliated Chapter 11 proceedings. The
Trustee has assumed the control of and the responsibility for operating
Tire Recycling. Mr. Dwain Immel no longer has a role in the mmidsemei;L
of the Hudson site other than to respond to the Trustee's requests for
information. Mr. Peters is an experienced bankruptcy attorney and is
one of the Chapter 7 panel trustees in the District of Colorado. Mr.
Peters has requested my law firm to represent him and assist in the
administration of the Tire Recycling bankruptcy estate.
You may remember that Magnum D'Or Resources, Inc. appeared before the
Board at the last hearing in which the Board took up matters relating to
TRI and the Hudson site. TRI anticipated that an agreement with Magnum
to purchase the Hudson site would be forthcoming soon after the last
hearing. Unfortunately, the negotiations between Mr. Immel and Magnum
did not result in a final agreement. Since his appointment, the Trustee
and Magnum have entered into serious negotiations and the parties have
now agreed to terms and have this afternoon executed an agreement for
the sale of the Hudson site from the bankruptcy estate to Magnum. The
Trustee will be filing a request with the Bankruptcy Court to approve
the agreement with Magnum early in next week.
Transfer of the Second Amended USR # 842 from TRI to Magnum is a
condition precedent to the agreement with Magnum. The Trustee is
=_questing that the Commissioners lift the suspension of the Second
Amended permit for two reasons. Most importantly, reinstating the
Second Amended permit will allow the Trustee to move forward with the
agreement with Magnum to the benefit of all parties, including, I would
EXHIBIT•
an 1&d 1
submit, Weld County. Second, with the Second Amended permit in place,
the Trustee would be able to operate the facility and generate the
income necessary to pay on -going expenses during the interim between now
end when Bankruptcy Court approval of the Magnum agreement is obtained.
I appreciate your time and assistance getting this matter before the
Board. Please contact me if you have any questions that should be
addressed prior to appearing before the Commissioners.
Hal Lewis
Lindquist & Vennum PLLP
600 17th Street, Suite 1800 South
Denver, CO 80202-5441
Office: 303-454-0507 www.lindquist.com
Original Message
From: Bruce Barker [mailto:bbarker@co.weld.co.us]
Sent: Friday, June 12, 2009 11:08 AM
To: Harrie F. Lewis
Cc: M. Stephen Peters; Esther Gesick
Subject: RE: Tire Recycling
Hal:
Thanks for the e-mail reminder. We will be placing this in front of the
^oard to see if the Board will grant adding the matter to the agenda. I
Jggest that you and Mr. Peters be present at 9 a.m. on Monday, June
15th, in case the Board has questions and decides to take up the matter
as requested.
Bruce Barker
Weld County Attorney
Original Message
From: Harrie F. Lewis [mailto:hlewis@lindquist.com]
Sent: Friday, June 12, 2009 10:13 AM
To: Bruce Barker
Cc: M. Stephen Peters
Subject: Tire Recycling
Bruce,
I just left a voice message for you, but I thought I would follow up
with an email as well. I wanted to see if the request by the Chapter 11
Trustee's for an emergency hearing to lift the suspension of the Second
Amended USR has been granted and, if so, the time of the hearing. I
also wanted to update you in general about the status of the case since
Mr. Peters's appointment as the Trustee was approved by the Bankruptcy
Court on June 3rd.
.indquist & Vennum PLLP
600 17th Street, Suite 1800 South
Denver, CO 80202-5441
Esther Gesick
crom: Jacqueline Hatch
ent: Friday, June 12, 2009 4:22 PM
To: Esther Gesick
Subject: FW: FW: tire storage
Attachments: FW: picture and information
Also for the file
Thanks!
Original Message
From: Troy Swain
Sent: Friday, June 12, 2009 11:54 AM
To: Trevor Jiricek; Jacqueline Hatch
Cc: Thomas Honn; Bruce Barker
Subject: FW: FW: tire storage
Please forward any other evidence Tire Recycling provides regarding disposal in Adams County
or anywhere else to Darrell Dearborn. Thanks,
Troy E. Swain
Environmental Health Specialist
Weld County Dept. of Public Health & Environment
1555 N. 17th Avenue
Greeley, CO 80631
(970) 304-6415, ext. 2219
970) 304-6411 (fax)
Original Message
From: CHARLES JOHNSON[mailto:cgjohnso@smtpgate.dphe.state.co.us]
Sent: Friday, June 12, 2009 11:07 AM
To: Troy Swain; Darrell R Dearborn
Subject: Re: FW: tire storage
Troy:
Thanks much for the info. I'll be out of the office until June 19, 2009 at an ASTSWMO
meeting, but will forward this info to Darrell Dearborn. He is our Adams County inspector.
Please forward any additional information regarding Adams Co. dumping activities, material
types, volumes or locations to Darrell. Thanks, Charles
Charles G. Johnson, Unit Leader
Solid Waste and Material Management Unit
Solid and Hazardous Waste Program
Hazardous Materials and Waste Management Division
Colorado Department of Public Health and Environment
Phone: 303-692-3348
Fax: 303-759-5355
charles.johnsonPstate.co.us
I EXHIBIT
use.8ig
mall
» Troy Swain ctswain(alco.weld.co.us> 06/11/2009 5:08 PM »>
Charles: Incase you're interested, it appears that Tire Recycling Inc. is reporting that
they are breaking the law by taking tires (solid waste) to locations in Adams County for
storage (disposal). I also received a voice mail from Mr. Steve Peters the Trustee for Tire
1
Recycling, (303) 422-8501 saying they were picking up tires and storing them in trailers in
Adams County.
Troy E. Swain
nvironmental Health Specialist
Weld County Dept. of Public Health & Environment
1555 N. 17th Avenue
Greeley, CO 80631
(970) 304-6415, ext. 2219
(970) 304-6411 (fax)
Original Message
From: Thomas Honn
Sent: Thursday, June 11, 2009 4:37 PM
To: Troy Swain; Jacqueline Hatch; Esther Gesick
Subject: FW: tire storage
Original Message
From: DMIMMEL@aol.com [mailto:DMIMMEL@aol.com]
Sent: Thursday, June 11, 2009 2:11 PM
To: Thomas Honn
Subject: tire storage
Tom:
T realized that I forgot to send you an email related to the storage of our scrap tires while
.he disposal permit is suspended. We made arrangements with a trailer leasing and storage
company in Adams County to store any trailers at their site until we are able to get the
suspension on the Hudson site lifted.
We removed all of the trailers that we being stored/parked off -site in Southern Weld County
by May 29, 2009, right after you and I spoke on this issue. Please let Troy Swain or any
others that you think need to know this information as well.
We do not want our competitors to know where we are storing these trailers full of tires,
since they would obviously like to try to get this trailer storage company to terminate this
storage arrangement to try to squeeze us out of the scrap tire collection business.
If you need any further information please call me to discuss.
Regards,
Tire Recycling, Inc.
Dwain Immel, President
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2
Esther Gesick
rrom:
ent:
To:
Subject:
Attachments:
Jacqueline Hatch
Friday, June 12, 2009 4:21 PM
Esther Gesick
FW: picture and information
0610091022a.jpg
For the Tire Recycling File..
Thanks!
Original Message
From: Troy Swain
Sent: Wednesday, June 10, 2009 5:05 PM
To: charles.johnson@state.co.us; roger.doak@state.co.us
Cc: Trevor Jiricek
Subject: FW: picture and information
Here's a photo from complainant showing Tire Recycling Inc. truck picking up
the contact for Tire Recycling, Inc. Mr. Steven Peters 303-422-8501. Left a
received a complaint and wanted to know where the tires are being taken.
Troy E. Swain
Environmental Health Specialist
Weld County Dept. of Public Health & Environment
1555 N. 17th Avenue
Greeley, CO 80631
970) 304-6415, ext. 2219
\970) 304-6411 (fax)
Original Message
From: Trevor Jiricek
Sent: Wednesday, June 10, 2009 12:51 PM
To: Troy Swain
Subject: FW: picture and information
Troy,
Heres the pic of tire mtn picking up tires.... if you
and Roger on it...thanks.
Trevor Jiricek
Director
Environmental Health Services
Weld County Department of Public Health & Environment
1555 North 17th Avenue
Greeley, Colorado 80631
Email: tjiricek@co.weld.co.us
Office #: 970-304-6415, Extension 2214
Fax #: 970-304-6411
tires. I called
message said we
send an email to Charles please cc: me
I EXHIBIT
'
rF,
a az!
VILA) &uAt
From: Rustye Cole [mailto:rustye@snowyriverenterprises.com]
Sent: Wednesday, June 10, 2009 12:26 PM
To: Trevor Jiricek
Subject: picture and information
Trevor,
Here is the picture of tire recyclers picking up a local store, also included is the
approval letters for the extended wire length on tire chips in leach fields. If you have any
questions please feel free to call or email.
I took the picture with a camera phone. I have picture information that verifies the date
and time if you ever need it.
Thank You,
Snowy River Enterprises
Facility Manager
Jarrod Cole
303-345-5657 (cell)
970-535-0535 (office)
4450 Mulligan Dr.
Longmont, Co 80504
2
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