HomeMy WebLinkAbout20091366.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 15, 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, June 15, 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 F. 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, Elizabeth Strong
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County Commissioners
meeting of June 8, 2009, as printed. Commissioner Kirkmeyer seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: In response to Bruce Barker, County Attorney, Commissioner Rademacher
moved to add Planning Item of Business #3) Consider Lifting Suspension of 2"' Amended Use by Special
Review Permit #842 - Tire Recycling, Inc. Commissioner Conway seconded the motion, which carried
unanimously.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed.
Commissioner Conway seconded the motion, and it carried unanimously.
PRESENTATIONS:
GOVERNMENT FINANCE OFFICERS ASSOCIATION, NOTICE OF DISTINGUISHED BUDGET
PRESENTATION AWARD - DON WARDEN: Chair Garcia read the award into the record, recognizing
Don Warden for being awarded the Distinguished Budget Presentation Award by the Government Finance
Officers Association. Commissioner Conway thanked Mr. Warden for his service to Weld County. Chair
Garcia stated individuals from another county expressed to him they were impressed by Weld County's
budgetary accomplishments and the teamwork among departments. Commissioner Kirkmeyer stated she
learned a lot about budgeting and finance from Mr. Warden throughout her previous terms as a County
Commissioner, and Mr. Warden has been granted many awards, including the County Administrator's
Award. She stated she was able to view all of the counties' budgets and some of the municipalities'
2009-1366
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budgets when she worked for the Colorado Department of Local Affairs (DOLA), and Weld County's
budget was by far in the best shape, in comparison to all of the other counties, and it is in large part due
to Mr. Warden's leadership and the recommendations he makes to the Board.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
BIDS:
APPROVE BID #B0900102, EMERGENCY PAGING SYSTEM -DISPATCH E-911 - DEPARTMENT OF
FINANCE AND WELD COUNTY REGIONAL COMMUNICATIONS CENTER: Monica Mika, Director of
Administrative Services, stated staff is requesting a continuation of the bid until the project's direction has
been better defined, and staff will present the bid for approval when the project is clarified. Commissioner
Conway moved to continue the bid until which time staff determines it is ready to be presented for
approval. Seconded by Commissioner Rademacher, the motion carried unanimously.
APPROVE BID #80900112, AGGREGATE CRUSHING AT THE FISCUS GRAVEL PIT - DEPARTMENT
OF PUBLIC WORKS: Ms. Mika stated the Department of Public Works has been researching cost saving
measures, in an effort to respond to the needs of Weld County's citizens while cost-effectively performing
its duties. She recommended acceptance of the low bid from Langston Concrete, Inc., which will provide
a substantial cost savings to the County. Commissioner Long stated Pat Persichino, Director, Department
of Public Works, indicated the company has great references, and he moved to approve said low bid from
Langston Concrete, Inc., based on staffs recommendation. Seconded by Commissioner Conway, the
motion carried unanimously.
NEW BUSINESS:
CONSIDER CONTRACT AMENDMENT TO 2009-2010 COMMUNITY SERVICES BLOCK GRANT AND
AUTHORIZE CHAIR TO SIGN: Judy Griego, Director, Department of Human of Services, stated the
amendment applies to an agreement between the Department and DOLA for the Community Services
Block Grant , and it adds an additional $20,000.00 in funds, which must be spent by February 28, 2010.
Ms. Griego stated the funds will be used to pay for low income services the Department provides through
the Department of Public Health and Environment. Commissioner Rademacher moved to approve said
amendment and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER SERVICES AGREEMENT WC0901 FOR RESEARCH AND WRITING SERVICES AND
AUTHORIZE CHAIR TO SIGN - FINAL DRAFT COMMUNICATIONS: Ms. Griego stated the agreement
was presented to the Board at a work session conducted on May 27, 2009, and Final Draft
Communications will provide research, writing, and revision for the narrative portion of the Grant Proposal
for the Head Start Program. She stated the amount of the agreement is $6,500.00 and $50.00 per hour
will be paid for any additional work performed by the company, and the term of the agreement is
May 19, 2009, through June 26, 2009. In response to Commissioner Rademacher, Ms. Griego stated she
did not see a cap on the amount of hours in the agreement; however, she does not foresee the services
costing more than $6,500.00. Commissioner Long moved to approve said agreement and authorize the
Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER DELIVERY SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - THE GREELEY
GOPHER: Ms. Griego stated the Board reviewed the agreement at the work session conducted on
June 8, 2009, and The Greeley Gopher will provide courier service for the delivery of meals for the Migrant
and Seasonal Head Start Program, with a term commencing June 15, 2009, through September 11, 2009.
She stated the maximum cost will be in the amount of $19,175.00, plus a fuel surcharge. Commissioner
Long moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner
Conway, the motion carried unanimously.
Minutes, June 15, 2009 2009-1366
Page 2 BC0016
CONSIDER CONSULTANT AGREEMENT FOR AUDIOLOGY SERVICES AND AUTHORIZE CHAIR TO
SIGN - JODI LITTLE: Ms. Griego stated Jodi Little will provide audiology services for the Regional Head
Start Program, in an amount not to exceed $8,000.00, and the Migrant and Seasonal Head Start Program,
in an amount not to exceed $4,000.00, for a term commencing June 19, 2009, through June 19, 2010.
Commissioner Conway moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 55 BETWEEN CRS 52 AND 54: Janet Carter, Department
of Public Works, stated the closure will commence June 15, 2009, through June 26, 2009, to replace a
bridge deck over the Latham ditch. Ms. Carter stated road signs and barricades will be used to advise
drivers of the closure, and the average daily traffic count on County Road 52 is 89 vehicles, according to
a traffic count taken in 2006. She stated the detour route is primarily gravel; therefore, water will be used
for dust control. Commissioner Long moved to approve said temporary closure. Seconded by
Commissioner Rademacher, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 1 BETWEEN CR 20.5 AND SH 119: Ms. Carter stated the
closure request is for County Road 1, not County Road 13, as the documentation mistakenly indicated,
and the City of Longmont has requested that Weld County detour traffic from County Road 1 to a detour
route, which will be constructed by the City of Longmont. She stated the average daily traffic count for
County Road Us 4,203 vehicles. Chair Garcia inquired as to why the duration of the closure is so long.
Ms. Carter stated the City of Longmont is building an underground bridge and widening sections of its
roadway. Commissioner Rademacher moved to approve said temporary closure. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER CONTRACT FOR VICTIM SERVICES FUNDING AND AUTHORIZE CHAIR TO SIGN -
VICTIM'S ASSISTANCE AND LAW ENFORCEMENT (VALE) BOARD: Susan Cvancara, Sheriffs Office,
stated the contract is for Victim Services funding and the grant pays for a large part of her salary.
Commissioner Kirkmeyer moved to approve said contract and authorize the Chair to sign. Seconded by
Commissioner Conway, the motion carried unanimously.
CONSIDER AGREEMENT FOR RIGHT -OF -ENTRY ON WELD COUNTY PROPERTY FOR RESEARCH
PURPOSES AND AUTHORIZE CHAIR TO SIGN - ERO RESOURCES CORP.: Bruce Barker, County
Attorney, stated the agreement is the result of a request made by ERO Resources Corp., which is a
company working with certain participants in the Northern Integrated Supply Project (NISP). Mr. Barker
stated he received an email from Eric Wilkinson, which explained the work is being done in conjunction
with the NISP Project and the data being collected will be incorporated into a "common technical platform",
which will be used in the National Environmental Policy Act (NEPA) analyses of NISP, the Halligan
Reservoir Project, and the Seaman Reservoir Project. He stated the email further states that by
developing this and other technical data that are common to all three of the projects and using that data
in the evaluation of each of the three projects, the projects, and the effects caused by each of the projects,
can be evaluated and compared equitably, with commonality of data. Mr. Barker stated approximately five
to ten devices to monitor water levels will be placed on property owned by the County and located west
of 59th Avenue, near the Poudre River Trail. He stated he checked with David Bauer, Department of
Public Works, to ensure the devices will not interfere with any mining activities or other County uses of
the property, and Mr. Bauer informed him the devices will not be in the same area as mining is occurring;
therefore, it will not interfere with any County use of the property; however, he is concerned it may interfere
with the Poudre River Trail. Mr. Barker stated the agreement indicates the company will not interfere with
the use of the Poudre River Trail, the company will install the devices and perform the monitoring, the
employees will park on 59th Avenue and walk into the area, and the company will protect the devices from
interference by installing fencing or another County approved measure. He stated the agreement contains
adequate indemnification and an insurance policy has been provided which includes Weld County
Minutes, June 15, 2009 2009-1366
Page 3 BC0016
employees. In response to Mr. Warden, Mr. Barker stated the time frame discussed is two to three years,
and the location is in between the south side of the river and the Poudre River Trail. Commissioner
Conway moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner
Kirkmeyer, the motion carried unanimously.
CONSIDER ENERGY AND MINERAL IMPACTASSISTANCE GRANT CONTRACT FOR REPLACEMENT
OF HEAVY ROAD MAINTENANCE EQUIPMENT AND AUTHORIZE CHAIR TO SIGN: Ms. Mika stated
the grant contract is in the amount of $500,000.00, and is to purchase equipment for the Department of
Public Works. Commissioner Kirkmeyer moved to approve said grant contract and authorize the Chair to
sign. Seconded by Commissioner Long, the motion carried unanimously.
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR RECORDED
EXEMPTIONS, RE -4887 AND RE -4888 - OWL INVESTMENTS, LLC: Chris Gathman, Department of
Planning Services, stated the applicant submitted collateral in the amount of $7,148.00 for access
improvements.
Don Dunker, Department of Public Works, stated the access will be from County Road 45, and the
property is located at County Roads 45 and 86. Mr. Dunker stated there is currently 60 feet of right-of-way,
and there will continue to be 60 feet of right-of-way when construction is complete. He stated the applicant
will be required to install an all-weather roadway with two twelve -foot lanes and one -foot shoulders, plus
roadside ditches, and a fifty -foot radius cul-de-sac at the end of the road. He stated the applicant will
install a stop sign before accessing County Road 45, ditches will be constructed on each side of the
roadway, and maintenance of the roadway will be the responsibility of the owners of Lots A, B, and C of
RE -4887 and Lots A, B, and C of RE -4888. Commissioner Rademacher moved to approve said
improvements agreement, authorize the Chair to sign, and accept collateral for RE #4887 and RE #4888.
Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER RECORDED EXEMPTION #4911 - EDWARD AND JANET SCHMIDT: Jacqueline Hatch,
Department of Planning Services, stated an e-mail was received from the applicant which requested a one
week continuance to work on the related access agreements. In response to Chair Garcia, Ms. Hatch
stated this is the first continuance the applicant has requested. Commissioner Conway moved to continue
the matter to June 22, 2009. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER LIFTING SUSPENSION OF SECOND AMENDED USE BY SPECIAL REVIEW PERMIT#842
- TIRE RECYCLING, INC.: Hal Lewis, Attorney, stated he previously introduced Magnum D'Or Resources,
Inc., as a potential purchaser, and since that time the bankruptcy court has appointed a Trustee to oversee
operations at the facility. He stated Tire Recycling, Inc. (TRI) and Magnum continued to negotiate a sales
agreement; however, an agreement was not finalized due to the suspension of the Second Amended
permit. He further stated Mr. Immel did consent to the appointment of a trustee, who has been given full
control of the facility operations, and the appointment of Steve Peters as the facility Trustee was approved
by the court on June 3, 2009. Mr. Lewis stated, since that time, Mr. Peters contacted Magnum and
successfully negotiated and obtained a signed agreement which will be filed with the bankruptcy court later
today or tomorrow. He indicated the Agreement stipulates that Mr. Immel will not be at the property, and
his only role is to act as an information resource at the request of the trustee. He stated the request to lift
the suspension will facilitate Magnum's intent to purchase an operating landfill. He noted the Third
Amended permit is still in abeyance; however, it needs to be in place for Magnum to operate the recycling
aspect of the property. He explained Mr. Peters has agreed to cooperate with the purchaser and County
staff to move forward with the completion of the Third Amendment; however, some of the Conditions may
not be completed until the suspension is lifted and they are able to resume operations. Mr. Lewis stated
Minutes, June 15, 2009 2009-1366
Page 4 BC0016
although staff did receive a complaint, Mr. Peters has confirmed that no tires have been received on the
site since the past meeting, the trailers full of tires were removed immediately, the gates are locked, and
TRI is not operating as a landfill. He indicated the company has been picking up trailers from various
contracted dealers and parking the loaded trailers at a permitted facility in Adams County. He further
stated, if the suspension is lifted, the first priority will be to bring the parked trailers to the facility and
deposit the tires into the pits. In response to Chair Garcia, Mr. Lewis stated the trustee is requesting an
immediate lifting of the suspension, and he is confident the bankruptcy judge will expedite the approval
process for the sales agreement. Responding to Chair Garcia, Mr. Lewis stated he believes the site is in
compliance and that it is in the best shape it has been in for a decade. Responding to Commissioner
Kirkmeyer, Mr. Lewis reiterated Mr. Immel is not present at the site, nor is he operating the business;
however, at the request of the trustee, he may provide information. Commissioner Kirkmeyer requested
Mr. Immel quit directing customers to call the Commissioners regarding the suspension of the facility.
Mr. Lewis stated he was not aware that activity was taking place; however, he assured the Board that it
would cease. Responding to Commissioner Rademacher, Mr. Lewis stated even if the sale to Magnum
were to be denied by the bankruptcy court, the trustee will remain in place, and he confirmed that operation
of the facility will not revert back to Mr. Immel. He further stated the court would likely grant the trustee
additional time to find another buyer.
Mr. Peters stated he has informed Mr. Immel, in no uncertain terms, that he is no longer in charge of the
facility. He confirmed his appointment by the bankruptcy court occurred on June 3, 2009, and indicated
Mr. Immel may only appear at the site if attended by the trustee. He requested the Board forward any
contractor calls directly to his office at (303) 422-8501, or to his cell phone at (303) 520-4285, and he
indicated his office address is 5310 Ward Road, Suite G7, Arvada, Colorado 80002. Responding to Chair
Garcia, Mr. Peters stated he took a physical tour of the site on June 3, 2009, and while he was there a
truck did come to the gate; however, the driver was turned away and had to drive back to Fairplay,
Colorado, with his tires. He stated he has decided to keep the existing staff (loaders, bookkeeper,
receptionist), to help facilitate a smoother transition to the buyer. Responding further to Chair Garcia,
Mr. Peters confirmed the concrete has been removed, the facility currently contains an estimated 25 to 30
million tires, there are pits which are capable of accommodating incoming tires for the next month or two,
and there is adequate room at the facility to create new pits. In response to Commissioner Conway,
Mr. Peters stated the existing staff understands the new command structure, and he confirmed that
Mr. Immel is working cooperatively in helping answer questions; however, he indicated appropriate action
will be taken if it is found that he is not cooperating.
Commissioner Kirkmeyer clarified that even if the suspension is lifted, the case remains in the Show Cause
phase, and on July 29, 2009, the Board expects to receive a report indicating the facility is in compliance
with the Conditions of Approval and Development Standards for the Third Amended permit. Responding
to Commissioner Kirkmeyer, Mr. Peters stated he has not yet read the Conditions of Approval; however,
he has reviewed the updated plat and a review has also been completed by the Fire Marshall. He stated
if the sales offer is accepted by the bankruptcy court, the suspension will need to be lifted so he can work
pro -actively with the buyer to complete the remaining permit requirements. Commissioner Kirkmeyer
reiterated the facility has already gone through the Probable Cause / Show Cause process regarding a Use
by Special Review permit that was approved three years ago.
Carolyn Macintosh, Magnum D'Or, stated she has met with the Planning staff twice, and she explained
the purchase agreement requires both the seller and the buyer to work cooperatively to complete the
requirements of the Third Amended permit.
Jacqueline Hatch, Department of Planning Services, stated she did a drive -by inspection of the site on
Friday, at which time the facility was closed. She confirmed the two parties appear to be working on
completing the requirements of the Third Amended permit, and although she is not certain when the work
Minutes, June 15, 2009 2009-1366
Page 5 BC0016
will be completed, she encouraged them to attempt to have it done by July 29, 2009. In response to
Commissioner Rademacher, Ms. Hatch stated if the suspension is lifted, the facility will be allowed to
operate under the Conditions of the Second Amended permit until the plat for the Third Amended permit
is recorded. In response to Commissioners Rademacher and Kirkmeyer, Ms. Hatch stated she did not
enter the site on her Friday visit, and she reiterated the concrete has been removed and the site appeared
to be in compliance as she drove by. In response to Commissioner Conway, Ms. Hatch stated staff has
received reports that tires are still being collected; however, they are being delivered to a site located in
Adams County. She clarified the applicant initially placed the trailers on a property located in Weld County,
which initiated a Violation case; however, upon notification, they were immediately removed to Adams
County.
Troy Swain, Department of Public Health and Environment, stated he received a telephone call from the
Cripple Creek and Victor Mine Company indicating tires had been delivered to TRI. He stated although
the violation was resolved in Weld County, a violation of State law may still be occurring, therefore, he has
forwarded the relevant information to the Colorado Department of Public Health and Environment, Solid
Waste Unit. He referred to a photograph, marked Exhibit FF, of a truck clearly labeled as property of TRI
picking up tires at a tire dealer and storing them in trailers in Adams County. He stated that information
has also been submitted to the State. He explained registered haulers are obligated to deliver tires to a
facility with a valid Certificate of Designation (CD). In response to Chair Garcia, Mr. Swain stated he
contacted Mr. Peters and inquired about the tire hauling, and he received a voice mail response, as well
as an e-mail response from Mr. Immel, which has been forwarded to the State. In response to
Commissioner Kirkmeyer, Ms. Hatch stated she will need to confirm whether the financial assurance is in
place.
Mr. Lewis stated he understands that the Third Amended permit is still pending and the trustee intends to
attempt to complete all of the remaining requirements by July 29, 2009, or at least provide evidence of
substantial progress. He stated, if the suspension is lifted, they will not commence with recycling
operations until all issues of compliance are confirmed, evidence of a valid CD and financial assurance is
in place, and the plat is recorded. He stated the Chapter 11 trustee is not going to operate outside of the
law. Responding to Commissioner Kirkmeyer, Mr. Lewis confirmed the financial assurance is in place, and
the bank account is in Mr. Peter's control. Mr. Peters stated he thought TRI was a certified hauler;
however, he will work with the State to make any necessary adjustments. Commissioner Rademacher
stated he would be willing to lift the suspension following a staff site inspection and report of compliance.
Chair Garcia expressed concern that Mr. Immel is still personally responding to some of the requests,
rather than directing his comments to the trustee. Commissioner Long stated the potential outcome, as
a result of the forthcoming sale and efforts to complete the remaining requirements, is more positive at this
time than at any previous hearing. In response to Commissioner Conway, Ms. Hatch stated she will
inspect the facility tomorrow.
Commissioner Kirkmeyer moved to lift the suspension for Second Amended Use by Special Review
Permit #842, with the Condition that the facility be found in compliance following a staff inspection to be
completed within the next 24 hours. Commissioner Rademacher seconded the motion. In response to
Mr. Barker, the Board concurred that the Show Cause hearing will still be considered on July 29, 2009.
Commissioner Kirkmeyer stated she is only in favor of lifting the suspension because the facility is under
totally new management and she is willing to trust Mr. Peter's abilities; however, if appropriate action has
not taken place, then she will be inclined to take action to close the facility. Commissioner Conway
concurred, and Mr. Peters requested the inspection be conducted in the afternoon when he can be in
attendance. The Board agreed that the motion indicates the inspection is to be completed by the end of
the business day tomorrow. There being no further discussion, the motion carried unanimously. In
response to Mr. Lewis, the Board indicated if the staff inspection reveals issues of concern, the matter will
be brought back before the Board on Wednesday.
Minutes, June 15, 2009 2009-1366
Page 6 BC0016
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.
There being no further business, this meeting was adjourned at 10:30 a.m.
ATTEST:
Weld County Clerk to the Board
BY:C
Deputy Gt'erk to the Board
'f,
EXCUSED DATE OF APPROVAL
BOARD OF COUNTY COMMISSIONERS
WELD- O f , COLORADO
am F. Garcia
Douglas emacher, ro-Tem
Seen P. Conway
A
rbara Kirkmeyer
David E. Long
Minutes, June 15, 2009 2009-1366
Page 7 BC0016
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