HomeMy WebLinkAbout20091196.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 20, 2009
The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity
with the laws of the State of Colorado at the regular place of meeting in the Weld County Centennial Center,
Greeley, Colorado, May 20, 2009, 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 William H. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther E. Gesick
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of May 18, 2009, as printed. Commissioner Conway seconded the motion, and it
carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Rademacher seconded the motion, and it carried unanimously.
PROCLAMATIONS:
MEMORIAL DAY - MAY 25, 2009: Chair Garcia read the certificate into the record, proclaiming May 25,
2009, as Memorial Day.
PRESENTATIONS:
RECOGNITION OF SERVICES, ACCOUNTING DEPARTMENT -JANET REICHERT: Chair Garcia read
the certificate into the record, recognizing Janet Reichert for 20 years of service with the Accounting
Department. Don Warden, Director of Finance and Administration stated Ms. Reichert worked for two
Controllers, Claud Hanes and Barbara Connolly. He stated she has been a dedicated and excellent
employee, accountable for many important responsibilities and tasks over the years including, the County's
Cost Allocation Plan, keeping track of the County assets, and supervising payroll personnel. He further
stated Ms. Reichert has been very efficient and capable in her job and she will be missed. Ms. Reichert
thanked all current and previous employees for their support through the years, and stated it has been a
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privilege to work for Weld County. Chair Garcia and the members of the Board wished Ms. Reichert the
best of luck in her future endeavors.
COMMISSIONER COORDINATOR REPORTS: Commissioner Kirkmeyer stated she and Dave Bressler,
Director of Paramedic Service, attended the Emergency Medical Services Council of Colorado banquet last
night and accepted the Children's Hospital 2009 Award for the Commitment to Pediatric Emergency Care.
She stated all County residents should be very proud of the Weld County Paramedic Service and thankful
for the exemplary services. She stated the staff received a lot of accolades and were highly commended for
their compassion and expertise. Chair Garcia stated the Board is well aware of the quality services which
are provided, and it is nice to hear that others recognize it as well.
BIDS:
PRESENT AND APPROVE BID #B0900106, ELEVATOR UPDATES - DEPARTMENT OF BUILDING AND
GROUNDS: Mr. Warden stated the elevators in the Centennial west annex building are approximately 33
years old, do not meet building code regulations, and need to be upgraded. He stated three bids with
different options were received. He stated the first option is to do the work necessary to bring the elevators
up to minimum code; however, there would be no warranties or assurances. Therefore, he recommended
acceptance of the low bid from Applied Elevator Service, in the amount of $120,800.00, for a complete
modernization, with the work to be conducted during the day. He stated staff did not feel it was necessary to
require the work to be done at night, since it would cost an additional $52,000.00 and take approximately 15
weeks to complete. In response to Chair Garcia, Toby Taylor, Department of Building and Grounds,
reiterated staff recommends acceptance of the low bid for Option #2, because Option #1 would only bring
the elevators up to current Code, it would not address any of the main functions, and if any of the equipment
were to fail, the entire unit would still need to be replaced at a later date. Responding to Commissioner
Conway, Mr. Taylor stated the elevator work is separate from the overall remodel work. He explained it was
deemed necessary as a result of Code changes which were enacted last year, and he noted this may be the
first of many similar updates to come depending on the inspection results at the various County buildings.
He indicated it is fortunate that many of the remaining buildings to be inspected are fairly new and will not
require upgrades, and he intends to spread the work for any additional improvements over the next three
months. In response to Commissioner Rademacher, Mr. Warden reiterated the project will cost
$120,800.00. Responding to Commissioners Conway and Kirkmeyer, Mr. Taylor stated the parts and labor
will have a one-year warranty, and each of the elevators will require a separate bid depending on what
equipment is required at the various locations. Commissioner Conway moved to approve said bid, on an
emergency basis, based upon staff's recommendation. Seconded by Commissioner Kirkmeyer, the motion
carried unanimously.
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - E1/2, S11, T10N, R61W: Mr. Warden stated
one bid was received from Petro -Canada Resources (USA) Inc., in the amount of $30.00 per mineral acre
for a total 320 acres, in the amount of $9,600.00, as well as a $10.00 filing fee. He stated no other bids
were received and he recommends approval of the Lease. Commissioner Rademacher moved to approve
the lease and authorize the Chair to sign, as recommended by staff. Commissioner Conway seconded the
motion, which carried unanimously.
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - S1/2 N1/2 : SW1/4 : SW1/4 SE1/4 [5W -6R] OF
S25, T10N, R61W: Mr. Warden stated no bids were received on this parcel.
OLD BUSINESS:
CONSIDER AGREEMENT FOR TAX INCENTIVE PAYMENTS AND AUTHORIZE CHAIR TO SIGN -
ABOUND SOLAR, INC. (CON T FROM 04/27/2009): Mr. Warden stated AVA Solar changed its name to
Abound Solar and relocated to the Del Camino area. He explained the matter was originally continued to
address the terms of the agreement. He stated Abound Solar was requesting the terms to extend for the
entire ten years; however, the intent is that it only be for the year that the items are brought into service,
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which is in 2009. He stated the terms have been clarified and they are agreeable, and the document has
also been modified to reflect the new name and address. Mr. Warden stated approximately $1,271,000 will
be rebated over a ten-year period. In response to Commissioner Conway, Mr. Warden stated although the
County has agreed to the full ten years, there is a provision in the terms which states the agreement will only
be valid if the revenue is available. He stated Tabor rules state a current Board cannot make commitments
for a future board, therefore, the terms are written so that the entire amount is payable the year of the
commitment; however, he is confident that the revenue generated by the oil and gas assessed values will
be adequate for the coming year. He further stated in subsequent years the Board will have to be very
cautious in approving these types of incentive agreements. Commissioner Conway moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
NEW BUSINESS:
CONSIDER TASK ORDER CONTRACT AMENDMENT #1 FOR AIR QUALITY PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Dr. Mark Wallace, Director, Department of Public Health and Environment,
stated this amendment is for renewal funding to operate an air quality monitoring network, conduct
inspections, provide enforcement guidance concerning stationary sources, issue or deny open burning
permits, and respond to complaints. He stated the Department of Public Health and Environment will
receive an amount not to exceed $92,915.64, for a term beginning July 1, 2009, and ending June 30, 2010.
(Clerk's Note: Dr. Wallace later provided a corrected memorandum reflecting the actual renewal funding, in
the amount of $104,826.56.) Commissioner Kirkmeyer moved to approve said amendment and authorize
the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER CONTRACT AMENDMENT #2 FOR FAMILY PLANNING PROGRAM AND AUTHORIZE
CHAIR TO SIGN: Dr. Wallace stated under this amendment the Department will continue the
comprehensive Family Planning Program, providing contraceptive services to both men and women in their
reproductive years, specifically the services listed in his memorandum, dated May 5, 2009. For these
services the Department will be reimbursed an amount not to exceed $181,115.00, for a term beginning
July 1, 2009, and ending June 30, 2010. Commissioner Kirkmeyer moved to approve said contract
amendment and authorize the Chair to sign. Seconded by Commissioner Rademacher, the motion carried
unanimously.
CONSIDER CONTRACT AMENDMENT #2 FOR COLORADO FAMILY PLANNING INITIATIVE AND
AUTHORIZE CHAIR TO SIGN: Dr. Wallace stated the Colorado Department of Public Health and
Environment received funds from a private donor to expand the Family Planning Initiative Program. He
stated the program will add an emphasis on increasing the utilization of long -acting, reversible methods of
contraception among existing clients. He stated the Department will receive an amount not to exceed
$247,952.00, for a term beginning July 1, 2009, and ending June 30, 2010. Commissioner Rademacher
moved to approve said contract amendment and authorize the Chair to sign. Seconded by Commissioner
Long, the motion carried unanimously.
CONSIDER TASK ORDER CONTRACT FOR TUBERCULOSIS PROGRAM AND AUTHORIZE CHAIR TO
SIGN: Dr. Wallace stated under this contract the Department will provide treatment to patients with active
Tuberculosis (TB) and ensure that they complete appropriate therapy, as well as locate those that have
come into contact with TB patients and ensure that they are treated. He stated staff will also evaluate newly
arrived immigrants and refugees and ensure they complete any necessary therapy, and do targeted testing
of high -risk persons and ensure they complete therapy for Latent TB, which is a non -communicable form
which can later become communicable if not treated properly. For these services the Department will
received an amount not to exceed $70,600.00. He stated, in addition to that initial amount, the Department
will also be reimbursed $12.50 per on -site visit, and $25.00 per field visit for directly observed therapy, for an
amount not to exceed $35,200.00, in addition to the original base amount, for the term beginning July 1,
2009, and ending June 30, 2010. In response to Commissioner Conway, Mr. Wallace reiterated that many
Minutes, May 20, 2009 2009-1196
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of the patients are immigrants and refugees who are referred to Weld County for treatment when they
relocate. Commissioner Conway moved to approve said contract and authorize the Chair to sign.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER MEMORANDUM OF UNDERSTANDING CONCERNING PROVISION OF PUBLIC HEALTH
SUPPORT AND AUTHORIZE CHAIR TO SIGN - WELD COUNTY JUVENILE ASSESSMENT CENTER
(JAC): Dr. Wallace stated this is a new Memorandum of Understanding (MOU) with the JAC to provide
a .5 FTE Public Health Nurse to educate JAC case managers in regard to pregnancy prevention, pregnancy
and parenting issues for at -risk youth. He stated the program will provide direct support services and
education designed to support and nurture positive infant care, enhance parenting skills, reduce the
potential for additional pregnancies, and promote self-sufficiency for young parents. He further stated the
teens will also receive referrals and services supportive of them remaining in school to complete their
education, complying with any court orders, or maintaining employment while ensuring their infant children
receive the necessary food, shelter, health care, and supervision. Dr. Wallace stated funding for the listed
services was awarded to the JAC through the Colorado Strategic State Wide Use Fund from the Colorado
Department of Human Services. He stated this will be a good supplement to the existing JAC services, and
the Department staff is willing to support these terms as long as the funding is available. He further stated,
at the direction of the Board following the work session discussion, he did revise the language of concern
and the proposed revisions were acceptable to the JAC. Commissioner Rademacher moved to approve
said Memorandum of Understanding and authorize the Chair to sign. Seconded by Commissioner
Kirkmeyer, the motion carried unanimously.
CONSIDER APPLICATION FOR NEIGHBORHOOD STABILIZATION PROGRAM TO ACQUIRE,
REHABILITATE AND SELL FORECLOSED PROPERTIES AND AUTHORIZE CHAIR TO SIGN: Tom
Teixeira, Director, Greeley Housing Authority, stated this and next two items of business represent a total of
$5,364,892.00 in funding from the Colorado Division of Housing, which is part of a state-wide balance of
$34 million in Neighborhood Stabilization funds that were allocated as a result of the Housing and Economic
Recovery Act enacted in July, 2008. He stated the three applications are for different types of work;
however, the funds may be reallocated between the three types, if necessary. He stated under this
application the County and City of Greeley will receive $3,358,975.00 to acquire, rehabilitate, and sell
foreclosed properties to single family homeowners who meet the income guidelines. Commissioner
Conway moved to approve said application and authorize the Chair to sign. Seconded by Commissioner
Kirkmeyer, the motion carried unanimously.
CONSIDER APPLICATION FOR NEIGHBORHOOD STABILIZATION PROGRAM TO ACQUIRE,
DEMOLISH AND RE -DEVELOP FORECLOSED PROPERTIES AND AUTHORIZE CHAIR TO SIGN:
Mr. Teixeira stated this application is for $1,005,917.00 to acquire properties which are beyond rehabilitation
to be demolished, with the land to be banked for future use. In response to Commissioner Conway,
Mr. Teixeira confirmed the land must be redeveloped with residential uses, or left natural if they are in the
floodplain, and the land must be re -developed within ten years. Commissioner Conway moved to approve
said application and authorize the Chair to sign. Seconded by Commissioner Rademacher, the motion
carried unanimously.
CONSIDER APPLICATION FOR NEIGHBORHOOD STABILIZATION PROGRAM TO ACQUIRE,
REHABILITATE AND LEASE MULTI -FAMILY PROPERTIES: Mr. Teixeira stated this application is for
$1,000,000.00 in funding to acquire, rehabilitate, and lease multi -family properties. He stated although he is
not currently aware of any such properties, this application funding makes that type of acquisition possible, if
needed. Commissioner Conway moved to approve said application and authorize the Chair to sign.
Seconded by Commissioner Long, the motion carried unanimously. Chair Garcia thanked Mr. Teixeira for
learning the best practices of other communities, learning the program, and helping to make these types of
projects possible.
Minutes, May 20, 2009 2009-1196
Page 4 BC0016
CONSIDER ADOPTION OF AFFIRMATIVE FAIR HOUSING MARKETING GUIDE: Mr. Teixeira stated the
Neighborhood Stabilization Program requires the adoption of a guide for the marketing of the properties for
sale and how that is to be accomplished. In response to Chair Garcia, Mr. Teixeira stated although Weld
County uses standard marketing procedures, there was no formal adopted guide. In response to Chair
Garcia, Mr. Barker confirmed he did review the Guide provided by the City of Greeley, Community
Development Department, Greeley Urban Renewal Authority, and he recommends approval. He further
stated its adoption is appropriate; since there is an IGA between Weld County and the City of Greeley
establishing the working arrangement for use of the grant funds. Responding to Commissioner Conway,
Mr. Teixeira stated although this Resolution will adopt Greeley's policy, it will be implemented throughout the
various Weld County communities, and it does support standard equal opportunity and fair market practices.
Mr. Warden clarified the funds will actually be distributed through the City of Greeley, and Weld County is
just co -sponsoring the application. Commissioner Rademacher moved to adopt said guide. Seconded by
Commissioner Rademacher, the motion carried unanimously.
CONSIDER REAPPOINTMENT TO BOARD OF PUBLIC HEALTH: Commissioner Rademacher moved to
reappoint Frederick Hepner and Robert Guthmann to the Board of Public Health, both with terms to expire
May 23, 2012. Seconded by Commissioner Conway, the motion carried unanimously. Commissioner
Kirkmeyer stated she is the Coordinator for this Board and she verified both individuals are active and in
good standing.
CONSIDER DUST BLOWING COMPLAINT - DAVID AND CAROL HYETT: Stephanie Arries, Assistant
County Attorney, stated Phil Brewer, Department of Public Health and Environment, received the initial
complaint and referred the matter to the Adams County Soil Conservation District, which did not provide an
in-depth recommendation for the site. Mr. Brewer stated the complaint was submitted anonymously, and his
inspection did confirm that large quantities of soil had been eroded by wind and deposited on adjacent
properties and the service road. In response to Commissioner Rademacher, Mr. Brewer confirmed the site
is approximately seven (7) acres. Joyce Wallace, West Greeley Soil Conservation District, stated the total
property is 12.5 acres, with the pasture comprising approximately seven (7) acres. She stated the site is
located within the Platteville Conservation District, which does not have staff; therefore, the matter was
referred to the Adams County office, which is a federal program which does not provide local mitigation
resources to the land owner. Ms. Wallace stated she provided a courtesy call, visited the property, and
spoke with the owner's son, James Hove, who is the caretaker of the property. She stated there are
numerous animals present and the pasture area is devoid of vegetation, and on a recent drive -by inspection
she noted the pasture had been tilled in strips; however, the earth work was done in an east -west direction
which may cause additional problems. She stated ideally the land should have been tilled in short strips
running north -south, against the prevailing winds. Ms. Arries commented a form letter was sent from the
Brighton office and did not provide any site -specific information. She stated Ms. Wallace has agreed to
assist on all future dust complaints, since the local office has the available resources to help mitigate
conditions. In response to Chair Garcia, Ms. Wallace stated the property is extremely sandy; however, the
adjacent properties do support vegetation if properly maintained. She further stated the property owner is
facing a significant challenge, and recovery will be a long-term process. She noted that even a cover of
weed stubble could later be reseeded with grass or some other cover crop. In response to Commissioner
Rademacher, Ms. Wallace stated she is not aware of any water associated with the property; however,
spreading water once a week would help.
Mr. Hove stated he tried reseeding in the past; however, he has since been informed that he did it
incorrectly. He stated the site was covered in weeds when they purchased the property, and he was not
aware that killing the weed cover would result in soil problems. He stated he did spray water to help
establish the grass; however, he received a notice from the County to cease spraying operations on the
property due to concerns that he was using a truck that had a "Grease Removal" logo on the side. Mr. Hove
stated upon receipt of the letter from the Brighton District, he proceeded with the recommended actions
immediately; unfortunately, he later discovered he should have started with the Greeley plan. He stated he
is not opposed to the suggested Management Plan recommendations because he realizes the existing
Minutes, May 20, 2009 2009-1196
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condition is a nuisance, and he is working with his neighbor to try and correct the situation. In response to
Commissioner Rademacher, Mr. Hove clarified there is no water associated with the property. Responding
to Chair Garcia, Mr. Hove stated he is willing to rent a spray truck, he has been working with a
representative of the Pawnee Buttes Seed Company, and the site is currently seeded with an Arikaree
(hybrid, sorghum sudan grass) plant variety and now he just needs to get more water on it. Ms. Wallace
and Commissioner Rademacher both agreed Arikaree is a good seed mix. There was no additional
comment.
Commissioner Rademacher stated he is familiar with the area and agreed establishing a crop cover will be
difficult; however, he believes the property owner is following the recommendations of the Conservation
District. He suggested Mr. Hove consider ripping the land in the other direction and avoid spreading
manure on newly planted grass, and the Board agreed it appears Mr. Hove is working towards a resolution
to the situation. Mr. Barker stated the Board must either make a finding and issue an order, or dismiss the
matter. He recommended against allowing a continuance because that extends the matter past the
emergency nature of the hearing. Commissioner Rademacher read through the recommendations and
agreed that the animals should not be allowed on the seeded portions, he suggested that manure not be
spread on the new grass seed, it appears that fencing may still be an option; therefore, he supports
dismissal of the hearing.
Commissioner Rademacher moved to dismiss the dust blowing complaint. Commissioner Kirkmeyer
seconded the motion and stated in this case the property owner appears to be working towards correcting
the problem. Commissioner Rademacher stated if the property owner proceeds with following the
Management Plan recommendations and relies on the support of area agencies, he believes the property
will improve. Chair Garcia clarified a dismissal of the case does not mean the current conditions are
satisfactory; rather, it indicates the property owner must continue to be pro -active in working to resolve the
existing conditions. Commissioner Conway agreed and stated he recognizes that there is a problem;
however, it is apparent that the correct steps are being taken. The motion carried unanimously.
PLANNING:
CONSIDER REQUEST TO WITHDRAW RECORDED EXEMPTION #3617 - LARRY FRASIER: Michelle
Martin, Department of Planning Services, stated staff received a letter, dated May 9, 2009, requesting
withdrawal of Recorded Exemption #3617. She stated the application was approved by the Board on
October 1, 2003, and she gave a brief description of the location of the site. In response to Commissioner
Rademacher, Ms. Martin confirmed the Conditions of Approval were never completed and the plat was not
recorded, therefore, the request is to withdraw. Commissioner Conway moved to approve said request for
withdrawal. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR
IMPROVEMENTS (PUBLIC ROAD MAINTENANCE), AUTHORIZE CHAIR TO SIGN, AND ACCEPT
COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT #1690 - HP FARMS HOLDINGS, LLC, C/O
KERR-MCGEE OIL AND GAS ONSHORE, LP: Jacqueline Hatch, Department of Planning Services, stated
staff received a check, in the amount of $27,205.00, for site improvements, which staff from the
Departments of Planning Services and Public Works has determined is sufficient to complete the required
improvements. In response to Commissioner Rademacher, Rich Hastings, Department of Public Works,
stated the property is located within the Pioneer Planned Unit Development, approximately 1,000 feet west
of County Road 49. He explained Kerr-McGee Oil and Gas Onshore, LP, utilizes new systems which allow
a continuous feed rather than doing sectional work, which drastically improves the time involved in drilling
sites. He stated the improvements agreement addresses the site access to ensure proper turning of trucks
onto County Roads 22 and 49, which are both paved, strategic roads requiring 140 feet of right-of-way at full
buildout. Commissioner Conway moved to approve said agreement, authorize the Chair to sign, and accept
said collateral. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
Minutes, May 20, 2009 2009-1196
Page 6 BC0016
PLANNING OLD BUSINESS:
CONSIDER REQUEST TO WITHDRAW APPLICATION FOR THIRD AMENDED USE BY SPECIAL
REVIEW PERMIT #842 - TIRE RECYCLING, INC. (CONT FROM 05/13/09): Jacqueline Hatch,
Department of Planning Services, stated the Departments of Planning Services and Public Health and
Environment and the County Attorney have reviewed the case file and determined that shredding tires is not
permitted under Second Amended Use by Special Review Permit #842 (2ndAmUSR-842). She stated on
May 15, 2009, staff met with Dwain Immel and the potential buyer and discussed the potential of finalizing
3rdAmUSR-842, as soon as possible, to help facilitate the current sales/purchase negotiations. She stated,
if the property transfer occurs prior to July 29, 2009, and the plat for 3rdAmUSR-942 is recorded, then staff
will recommend the suspension be lifted. She stated if the future owner proposes a different use, then
additional amendments to the permit will be required. In response to Commissioner Kirkmeyer, Mr. Barker
stated the only issue before the Board today is the request to withdraw 3rdAmUSR-842. Troy Swain,
Department of Public Health and Environment, stated he was unable to attend the previous hearing
regarding this facility; however, contrary to testimony provided by Mr. Immel, Mr. Swain verified that he did
not direct Mr. Immel to operate during the suspension.
Hal Lewis, Attorney, stated Tire Recycling has decided not to withdraw 3rdAmUSR-842 and to proceed as
directed. He stated Tire Recycling, Inc., is in the process of negotiating a sale of the property to Magnum
D'or, Inc., which operates in Canada conducting a successful tire recycling facility, therefore, it is important
to know that a tire recycling operation will be permitted at the subject site. Mr. Lewis stated he has reviewed
the State statutes and found that shredding is within the definition of a tire recycling operation and the
process does not require a Certificate of Designation (CD). He read the definition "a recycling facility"
indicating it is a separate facility or part of a waste facility where recycling operations are conducted. Next,
he read the definition of "recycling operations" indicating it is a separate facility or part of a solid waste
facility at which recyclable materials may be separated for further processing or marketing, including
shredding for other end uses. He read the definition of "recyclable materials"meaning any type of discarded
or waste materials which may be reused, remanufactured, reclaimed, or recycled. He stated waste tires,
waste motor vehicle tires and scrap tires are all defined as recyclable materials. Based on a summary of all
the definitions, Mr. Lewis concluded the site has scrap tires, which are defined as recyclable materials, used
in a recycling operation for further processing at a recycling facility, which is a waste disposal site where
recycling operations are conducted. He also questioned whether a CD is necessary, since the County has
the obligation to ensure the operation is in compliance with all other applicable laws. Mr. Lewis stated,
based on the meeting with the potential purchaser, the operator is willing to complete the necessary
Conditions of Approval for 3rdAmUSR-842 and record the plat. He noted the plat will require some minor
updates to reflect the various compliance issues addressed during the past three weeks, and he believes all
twelve prerequisite Conditions of Approval are done and simply need to be submitted. However, he
requested an additional two weeks to finalize everything and complete the recording process.
Mr. Lewis clarified Tire Recycling, Inc., is still within Chapter 11 Bankruptcy proceedings; however, the
company is also in the final days of negotiating a sale of the property which will fund the full payment of all
claims associated with the Chapter 11 proceedings. He stated Mr. Immel intends to file an asset purchase
agreement early next week, allow the required 23 -day notice period for any objections to occur, and then
proceed with setting a hearing. He stated that regardless of whether an objection is filed, it is likely that
Judge Brooks will set the matter for hearing to ensure everything is in order before the sale is approve.
Mr. Lewis stated finalizing the entire process will require 45 to 60 days. He stated all parties are aware of
the suspension and acknowledge that Mr. Immel has made some poor decisions; however, he requested
the Board allow two weeks to complete and record the plat, and order that the suspension automatically be
lifted upon recording the plat. He explained the suspension is making it difficult to finalize the sale in
bankruptcy court, causing problems with various creditors. Commissioner Kirkmeyer commented that
although she agrees a CD is not required for recycling, it is required as a Condition of Approval for the USR
process. She stated once 3rdAmUSR-842 is finalized, the facility will be approved for shredding operations;
however, the applicant still has numerous items that need to be finalized. Ms. Hatch verified that only one of
Minutes, May 20, 2009 2009-1196
Page 7 BC0016
the fourteen remaining Conditions has been satisfied, and Mr. Immel has been provided a copy of the
Resolution itemizing the remaining requirements. Commissioner Kirkmeyer stated she does not support an
automatic lifting of the suspension; however, Mr. Immel does have the option of bringing this matter back
before the Board at any time, once the plat is recorded, at which time the Board may lift the suspension if
deemed appropriate. In response to Chair Garcia, Ms. Hatch reiterated the permit contains fourteen (14)
Conditions of Approval, and the operator has only addressed the septic system issue. She stated it is
possible that some of the work has been done and the documentation just needs to be submitted; however,
finalizing, signing and recording the plat will likely take more than two weeks. Mr. Swain stated one of the
Conditions of Approval requires review and approval of an amended Design and Operations Plan for the
shredding and cryogenic processes by both the Weld County and Colorado Departments of Public Health
and Environment. He stated it is unlikely that the plan could be submitted and reviewed by both the County
and the State within two weeks. He further stated staff will also need to evaluate the equipment associated
with the shredding process and determine whether an Air Pollution and Emissions Permit is necessary.
Mr. Lewis confirmed many of the remaining items are in the process of being finalized and he is confident
the operator will make an effort to expedite their submittal. He confirmed once all of the items are accepted
and the plat is recorded, the operator will return with a request to seek cease the suspension order.
Krista Leerock, Attorney, stated she represents the potential purchaser and she anticipates finalization of
the purchase agreement next week. She stated Magnum D'or is a Nevada corporation which operates in
Canada to reformulate recycled tires, and she displayed a rubber coaster made from recycled tires. She
stated the tires are shredded and used to produce crumb rubber used in the creation of flooring, pool
surfaces, tennis courts, and small products such as the coaster. She further stated Magnum is well
resourced and funded, and the company is ready to assume responsibility of the Hudson site currently
operated by Tire Recycling, Inc. She stated Magnum wishes to acquire the site and move quickly through
the existing materials, reduce the amount of tires on the site, and create end products. Ms. Leerock stated
the company's goal is to create green jobs in Weld County, and collaborate with Weld County for
compliance. She indicated the sales transaction will require court approval, which may take up to 60 days;
however, she is reasonably confident that the process will be completed by the end of July. She stated
company representatives intend to propose a new use for the site; however, one of the conditions of the
purchase agreement is that they be able to operate at the facility in some fashion while completing that
process. She indicated it is important that 3rdAmUSR-842 be available when Magnum takes possession,
and they intend to work within the requirements of Weld County to transfer the existing permits. There
being no further comments, Chair Garcia closed public testimony. Mr. Lewis stated he is aware that the
Board has been presented with testimony regarding numerous potential purchases; however, he is much
more confident in the finalization of this transaction.
Commissioner Kirkmeyer moved to deny the request of Tire Recycling, Inc., to withdraw the application for
3rdAmUSR-842. The motion was seconded by Commissioner Rademacher. In response to Commissioner
Conway, Mr. Barker confirmed this action does not preclude Tire Recycling, Inc., from appearing before the
Board, once the plat is recorded, and requesting the suspension be lifted at that time. There being no
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 Acting Clerk to the Board.
Minutes, May 20, 2009 2009-1196
Page 8 BC0016
There being no further business, this meeting was adjourned at 10:40 a.m.
ATTEST: Gl GO A
Weld County Clerk to the Board
BY: G y k
De' ty CI k to the Board
BOARD OF COUN
WELD C
COMMISSIONERS
DO
William F. arcia C air
(23L kri
glas F27ademacher, ro-Tem
Seay'. Conway
ar
Kirkmeyer
David E. Long
Minutes, May 20, 2009 2009-1196
Page 9 BC0016
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