HomeMy WebLinkAbout20073172 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 8, 2007
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, October 8, 2007, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chair Pro-Tem and on roll call the following
members were present, constituting a quorum of the members thereof:
Commissioner David E. Long, Chair- EXCUSED
Commissioner William H. Jerke, Pro-Tem
Commissioner William F. Garcia
Commissioner Robert D. Masden
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jennifer VanEgdom
Controller, Barb Connolly
MINUTES: Commissioner Garcia moved to approve the minutes of the Board of County Commissioners
meeting of October 3, 2007, as printed. Commissioner Rademacher 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 Rademacher moved to approve the consent agenda as printed.
Commissioner Masden seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
WARRANTS: Barb Connolly, Controller, presented the following warrants for approval by the Board:
All Funds $701,164.38
Commissioner Masden moved to approve the warrants as presented by Ms. Connolly. Commissioner
Garcia seconded the motion, which carried unanimously.
2007-3172
BC0016
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OLD BUSINESS:
CONSIDER PETITION AND AUTHORIZE VACATION OF A PORTION OF CR 128.5, BETWEEN STATE
HIGHWAY 71 AND CR 149, AND A PORTION OF CR 149, BETWEEN CR 124 AND CR 128 SECTION
LINE - MULTIPLE PETITIONERS (CON'T FROM 09/10/07): Don Carroll, Department of Public Works,
stated at the meeting on September 10, 2007, the Board requested that the Department of Public Works
provide additional notice for property owners within the immediate area of the proposed partial road
vacation. He stated each property owner was provided a mailed notice, and signs were posted on each
section of road. He further stated staff received three phone calls from adjacent property owners, and
Mr. Clyncke indicated he has been utilizing County Road 128.5 for the past sixteen years; however, his
property also has a direct access from County Road 132. Mr. Carroll explained approval of the partial
vacation will not cause Mr. Clyncke's property to be landlocked; however, Mr. Clyncke wanted to let the
Board know that he does utilize the road. He stated he also received an irrelevant phone call from a
resident of Nebraska, questioning whether the ranch was for sale. He stated he also spoke to a
representative of the Forest Service, John Oppenlander, and he indicated Cervi Enterprises is currently
in negotiations to complete a land swap of parcels within the area. He further stated the residents who live
within the immediate area have been provided with adequate notice of the proposed vacation, and Cervi
Enterprises has been notified to provide appropriate easements or agreements to accommodate access
if the partial vacation is approved. He stated there are cattle guards located on both sections of the roads,
and if the partial vacation is approved, the maintenance will become the responsibility of the ranchers.
Chair Pro-Tern Jerke indicated Commissioner Long is not present for the meeting, which makes it difficult
to make a decision regarding the matter today; however, he would like to hear comments from anyone
present. He clarified Commissioner Long has a great understanding of the area situated within his District,
and the Board would like hear his opinion on the matter. In response to Commissioner Masden, Mr. Carroll
indicated there is an existing access to State Highway 71, from County Road 128.5, and the Colorado
Department of Transportation has indicated the access cannot be closed due to the configuration.
Commissioner Masden indicated he prefers the access to State Highway 71 be retained.
Miguel Cervi, Cervi Enterprises employee, stated Dennis Burns owns the adjoining land of the ranch
property owned by Cervi Enterprises, and the land owned by Mr. Burns surrounds the intersection of
County Roads 128.5 and 149. He stated both of the ranches have encountered numerous problems with
prairie dogs being dumped on the properties. He clarified he has called the Sheriffs Office regarding the
situation; however, he was informed that deputies cannot continuously patrol the area. He further stated
equipment has been stolen from the ranch, trash is thrown along the road, and the private reservoir is
being improperly utilized. He stated Mr. Burns indicated a number of his cattle have been hit by vehicles,
and he also has problems with littered trash on his property. Mr. Cervi stated the access to the windmill
located on property to the north, owned by Mr. Clyncke, is situated upon private property owned by Mr.
Burns. He further stated if Mr. Burns elects to remove the access across his property, the property owned
by Mr. Clyncke will be landlocked. He explained Section 16 is owned entirely by the State, and the
Colorado State Land Board supports the request for closing these sections of County Roads. He clarified
the area is very remote, there is not a lot of activity within the area, and proper resources are not available
to monitor the roads within the area. In response to Mr. Cervi, Mr. Carroll concurred Mr. Clyncke was the
only person to respond with concerns. Mr. Cervi reiterated Mr. Burns is willing to address the concerns
presented by Mr. Clyncke by providing an access to the windmill across private land. He stated if the roads
are not vacated, he does not believe Mr. Clyncke will continue to be able to access the windmill. He stated
most of the motorists which utilize the road have no reason to be driving in the area, and tend to be merely
sightseeing or throwing trash on the road. He requested the Board move forward today and grant approval
of the partial vacation.
Jim Coakley, Cervi Enterprises representative, indicated the placement of the access Mr. Clyncke utilizes
on the map provided, and confirmed Mr. Clyncke must cross private property. He read a portion of the
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Page 2 BC0016
response letter submitted by the Forest Service into the record, indicating an upcoming draft map has not
been printed; however,the Forest Service recommends that the proposed portions of County Roads 128.5
and 149 not be shown as open public roads on the map. He indicated there are currently negotiations in
process for land trading to the east, and there will be full access to create a loop drive.
Mr. Carroll indicated the placement of the properties which are proposed to be swapped on the map
provided. Chair Pro-Tem Jerke stated the land consolidation efforts are encouraging. In response to
Commissioner Rademacher, Mr. Barker indicated once the portions are vacated, the necessary
right-of-way would have to be purchased in the future. Chair Pro-Tem Jerke indicated if it is necessary
to obtain the right-of-way in the future, the County will be required to prove the necessity of obtaining the
land through eminent domain proceedings.
Commissioner Masden expressed his appreciation for the information provided by the representatives;
however, he would prefer to continue the matter in order to allow Commissioner Long to provide input on
the matter. In response to Chair Pro-Tem Jerke, Ms. VanEgdom indicated a full quorum of the Board will
be present at the Board meeting on October 15, 2007.
Commissioner Masden moved to continue said matter to October 15, 2007, at 9:00 a.m., in order to allow
the matter to be heard by a full quorum of the Board. The motion was seconded by Commissioner Garcia.
Chair Pro-Tem Jerke indicated the testimony provided today will be a part of the record for this matter;
however, he requested a representative attend the meeting on October 15, 2007, in order to address any
additional questions Commissioner Long may have. There being no further discussion,the motion carried
unanimously.
NEW BUSINESS:
CONSIDER TEMPORARY CLOSURE OF CR 13 BETWEEN CRS 54 AND 56: Mr. Carroll stated County
Road 13, between County Roads 54 and 56, will be closed from October 2, 2007, through November 2,
2007. He stated the Department of Public Works is working in conjunction with Larimer County and
Loveland Ready Mix,which will be completing additional mining operations with Larimer County. He stated
as a part of the Road Improvements Agreement, the company will upgrade and pave County Road 13 to
the entrance of the plant. He clarified the closure will last approximately one month,and he recommended
approval. Commissioner Masden moved to approve said temporary closure. Seconded by Commissioner
Rademacher, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 13 BETWEEN CR 84 AND STATE HIGHWAY 14:
Mr. Carroll stated County Road 13, between State Highway 14 and County Road 84, will be closed from
October 15, 2007, through November 4, 2007. He stated County Road 84 is a paved road, and County
Road 13 will be upgraded with aggregate base in anticipation for pavement in 2008. He stated the detour
routes have been set, and the average daily traffic count is approximately 275 vehicle trips per day.
Commissioner Garcia moved to approve said temporary closure. Seconded by Commissioner
Rademacher, the motion carried unanimously.
CONSIDER AGREEMENT TO PROVIDE PROFESSIONAL CONSULTING SERVICES AND AUTHORIZE
CHAIR TO SIGN - MAXIMUS, INC.: Ms. Connolly stated the County enters into an annual contract with
Maximus, Inc., to provide the County Cost Plan, which is utilized for cost reimbursement rates for grants.
Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign. Seconded
by Commissioner Garcia, the motion carried unanimously.
CONSIDER GRANT APPLICATION FOR 2007 HOMELAND SECURITY GRANT PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Ms. Connolly stated this item, and the following two items, are similar in
nature, and are applications for Homeland Security grants. She stated the total amount of funding for the
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combination of the three grant applications is approximately $1.1 million, and the County will be working
with other agencies to buy necessary equipment. In response to Chair Pro-Tern Jerke and Commissioner
Masden, Ms. Connolly stated Weld County is acting as the fiscal agent for the Northeast All Hazards
Region, and the Region includes eleven counties. Responding to Commissioner Garcia, Ms. Connolly
stated a local match is not required. In response to Commissioner Rademacher, Ms. Connolly clarified
the first grant application is in the amount of $515,464.00, and the total of the three grant applications is
approximately $1.1 million. Commissioner Rademacher moved to approve said grant application and
authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER GRANT APPLICATION FOR 2007 CITIZENS CORPS PROGRAM AND AUTHORIZE
CHAIR TO SIGN: Ms. Connolly stated this application is similar to the previous application; however, the
funds are derived from a different fund. She clarified the application is on behalf of the Northeast All
Hazards Region. Commissioner Masden moved to approve said grant application and authorize the Chair
to sign. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER GRANT APPLICATION FOR 2007 LAW ENFORCEMENT GRANT PROGRAM AND
AUTHORIZE CHAIR TO SIGN: In response to Chair Pro-Tem Jerke, Ms. Connolly confirmed this
application is on behalf of the Northeast All Hazards Region. Commissioner Masden moved to approve
said grant application and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion
carried unanimously.
PLANNING:
CONSIDER PARTIAL VACATION OF USR #1360 - LAFARGE WEST INC.: Jacqueline Hatch,
Department of Planning Services, stated the Department of Planning Services received a letter from the
representative for LaFarge West, Inc., requesting Use by Special Review Permit #1360 be partially
vacated. She stated approximately 7.8 acres will be vacated from the western portion of the Use by
Special Review Permit boundary. She clarified Use by Special Review Permit#1360 was approved on
April 24, 2002, and staff recommends the applicant be required to submit a revised plat, as required by
Section 23-2-200.G.5, of the Weld County Code. In response to Commissioner Garcia, Ms. Hatch stated
the portion to be vacated was designated as"open area"on the plat, and the entire permit boundary area
has been released from further reclamation responsibility from the Division of Reclamation Mining and
Safety. Responding to Commissioner Masden, Ms. Hatch stated the applicant is currently completing the
Recorded Exemption process for this parcel. She indicated Lot A of the Recorded Exemption will consist
of the boundaries of Use by Special Review Permit#1360, and Lot B will consist of the vacated portion.
She further stated the parcel will be developed as a State park. In response to Chair Pro-Tem Jerke, Ms.
Hatch stated the site is located south of State Highway 119. Further responding to Chair Pro-Tern Jerke,
Mr. Carroll indicated the parcel directly to the north of the site is under the control of the State, and a
maintenance agreement exists for the haul route. Chair Pro-Tem Jerke expressed his concerns regarding
having two portions of a State park separated by State Highway 119. Commissioner Masden concurred
and clarified a Great Outdoors Colorado grant was awarded for development of this area several years
ago; however, the boundaries of the area were not known at that time. In response to Chair Pro-Tem
Jerke, Ms. Hatch reiterated the area to be vacated consists of 7.8 acres; however the total boundary of
the Use by Special Review Permit consists of approximately 75 acres. Chair Pro-Tem Jerke indicated the
applicant does have the right to vacate a portion of the permit boundary if the original uses have been
completed. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER LONG TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT, AND
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 #1533 - ASPHALT PAVING COMPANY:
Mr. Carroll stated the site is located on County Road 6, west of U.S. Highway 85, and west of the
Minutes, October 8, 2007 2007-3172
Page 4 BC0016
Wattenburg Pit. He indicated the name of the new pit will be Wattenburg West, and the applicant is
currently completing mining operations at the Perry Pit. He stated as a part of the Use by Special Review
Permit process, the Department of Public Works required improvements along County Road 6, including
upgrading the main pit entrance, adequate turning radii, turn lanes, acceleration lanes, and other
improvements associated with the new pit. Mr. Carroll stated truck traffic on the primary haul route will
travel east along County Road 6 to U.S. Highway 85, and approximately 90 percent of the truck traffic will
travel south on U.S. Highway 85. He stated a west haul route has been identified, and approximately 10
percent of the truck traffic may travel west to Interstate 25. He clarified if the operation makes
modifications to the haul route, and more than 20 percent of truck traffic is utilizing the western haul route,
the Improvements Agreement must be modified to reflect the necessary changes. In response to
Commissioner Masden, Mr. Carroll indicated he has measured the site distance at the intersection of
County Roads 23 and 6, and there is adequate stopping distance for traffic traveling 55 miles per hour;
however, the speed limit within the area does decrease to 45 miles per hour. He further stated only ten
percent of the truck traffic is expected to pass through the intersection of County Roads 23 and 6, and a
left turn lane and acceleration lane are listed as a part of the improvements to be completed.
Commissioner Masden expressed his concerns about the blind intersection at County Roads 23 and 6,and
indicated he would like the site distance to be re-evaluated. Mr. Carroll indicated the traffic engineer will
provide further evaluation of the intersection. Responding to Chair Pro-Tem Jerke, Mr. Carroll indicated
County Road 6 is currently classified as a collector status road, which requires 80 feet of right-of-way at
full buildout. Commissioner Masden moved to approve said agreements, authorize the Chair to sign, and
to accept said collateral. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE), AUTHORIZE CHAIR TO SIGN, AND
ACCEPT COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT #1533 - ASPHALT PAVING
COMPANY: Mr. Carroll stated this agreement is for the same location described in the previous item of
business, and this agreement concerns the on-site improvements at the site. He stated the agreement
requires pavement from the entrance to the weigh scale, as pavement reduces the amount of dust
generated by the trucks. Ms. Hatch stated the applicant has provided an Irrevocable Letter of Credit, in
the amount of $92,893.00, and the Department of Planning Services recommends approval.
Commissioner Masden moved to approve said agreement, authorize the Chair to sign, and to accept said
collateral. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER RECORDED EXEMPTION #4671 - HALINA KADISZEWSKI: Ms. Hatch stated Recorded
Exemption #4671 was conditionally approved on August 6, 2007; however, after further review of the
submitted paper plat, the Department determined the applicant was not able to comply with Condition of
Approval#4.L. She reviewed Condition of Approval#4.L for the record,and clarified the lots do not comply
with the 2.5 acre net minimum lot size. She stated the site is located south of State Highway 52, and west
of County Road 35, and consists of 5.28 acres. She clarified once the required right-of-way for State
Highway 52 is reserved, Lot A will consist of 2.24 acres net in size, and Lot B will consist of 2.2 acres net.
She stated staff recommends approval of the Recorded Exemption since the gross acreage of the lots
does exceed the minimum lot size, and the net acreage of the lots are very close to the minimum lot size.
Halina Kadiszewski, applicant, stated she desires to divide her property, and she was not aware that the
necessary road right-of-way she reserved would leave the lots too small to meet the requirements. She
stated she believes she has met every expectation required of her, and the lots are too small by a very
small percentage. Chair Pro-Tem Jerke explained to Ms. Kadiszewski the Recorded Exemption process
must be followed in order to avoid negative circumstances; however, he supports approval of her request.
Commissioner Rademacher moved to approve Recorded Exemption#4671. Seconded by Commissioner
Garcia, the motion carried unanimously.
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Page 5 BC0016
CONSIDER PROBABLE CAUSE HEARING CONCERNING SECOND AND THIRD AMENDED USE BY
SPECIAL REVIEW PERMITS, 2ND AMUSR #842 AND 3RD AMUSR #842 - TIRE RECYCLING, INC.:
Ms. Hatch stated staff has found that Tire Recycling, Inc., has not shown compliance with the Development
Standards contained in Second Amended Use by Special Review Permit#842, approved on October 22,
2003, and in Third Amended Use by Special Review Permit#842, approved on September 27,2006. She
stated the site was approved through Third Amended Use by Special Review Permit #842 for use as 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 Zone District, and she also reviewed the uses approved
through Second Amended Use by Special Review Permit #842. She stated the site is located west of
County Road 41, and north of County Road 26, and consists of four parcels with a total acreage of
126 acres. She further stated staff has determined the site is not in compliance with Development
Standards#3, #4, #5, #7, #8 and #23, of Second Amended Use by Special Review Permit#842, and the
applicant has not met any of the Conditions of Approval or Development Standards through Third
Amended Use by Special Review Permit#842. She clarified the applicant has not completed the Third
Amended Permit requirements, therefore, the site is also in violation of the existing Second Amended
Permit requirements.
Ms. Hatch stated a site visit was completed on October 3, 2007, and she displayed the photographs taken
during the site visit, depicting piles of tires over four feet in height, and tires located within the fire access
lane. She stated the applicant has been working to bring the site into compliance; however, not all of the
requirements have been met. In response to Chair Pro-Tern Jerke, Deb Blandin, Department of Public
Health and Environment, stated she is the person identified in the pictures, and indicated she is
approximately 5'6" in height. Ms. Hatch indicated the Department of Planning Services recommends a
Show Cause Hearing be scheduled for December 5, 2007, allowing the applicant a period of 60 days to
bring the site into compliance. Chair Pro-Tem Jerke stated he does not understand how the potential
environmental concerns are measured in regards to height of tire piles.
Responding to Chair Pro-Tern Jerke, Ms. Blandin stated a majority of the cells are already at full capacity
and are overflowing. She stated the facility has been working to move tires from the outskirts of the cells
to the middle of the cells and is also constructing new cells to accommodate the excess amount of tires.
She further stated the excessive pile heights contribute to the fire hazard on the site, and can also harbor
mosquitoes, creating a nuisance control problem.
Trevor Jiricek, Department of Public Health and Environment, stated the four-foot pile height is required
through the Closure and Post Closure Plans. He stated the fire access lanes on the property are
approximately 25 percent clear, and he estimated several hundred thousand tires are located within the
fire access lanes on the site. He further stated if the company proceeds with the bankruptcy, the post
closure estimates are based upon the tire height and aesthetic value of the property. He clarified
approximately one-half million tires are located within cells on the site, and the creation of each new cell
costs approximately $20,000.00. In response to Commissioner Masden, Mr. Jiricek stated it is required
that tires delivered to the site be placed directly into cells; however, this has not happened on the site. He
stated the County has been flexible with this facility to allow time for employees to sort the tires; however,
this facility has recently deteriorated significantly.
Dwain Immel, President, Tire Recycling, Inc., stated his staff is currently making every effort possible to
get the facility cleaned up. He stated the third permit amendment was approved over a year ago, and the
facility made plans to shred used tires as they were received, and ultimately shred the entire existing tire
inventory on the site to be converted to a crumb rubber product for sale. He further stated the company
has invested over $3 million in the past year to build the crumb rubber plant and acquire equipment;
however, problems with the shredding equipment began nine months ago, and a large amount of the tires
Minutes, October 8, 2007 2007-3172
Page 6 BC0016
have not been shredded. He clarified a temporary holding station was created for the tire shredding
operation, and admitted the tire heights within the holding station do exceed four feet in height. Mr. Immel
indicated the company has been in negotiations with the bank to receive an extension on the terms of its
loans, in order to purchase the necessary replacement equipment. He stated due to complications with
timing requirements and additional costs, the bank initiated a foreclosure procedure, therefore, the
company had to file for bankruptcy in July, 2007. He stated some of the equipment was sold to help pay
down the loan, and the company is in the process of restructuring the facility and modifying the operations
on the site.
Mr. Immel indicated the intended primary use for the recycled tires was to create a crumb rubber product
to be sold to the artificial turf field industry; however, due to the company's inability to produce the product,
the existing three-year contract was terminated. He stated the company has been negotiating a contract
with an independent power plant operator to provide the rubber tire chips as an alternative energy source,
and the contract is expected to go into effect in December, 2007. He further stated the company is also
in negotiations with other contractors to shred the tires on the site, and he explained specifics of the
contracts with the contractors. He stated the new contracts will solve several short-term problems and
create value added to the facility, which will allow the company to exit the bankruptcy proceedings by
December, 2007. Mr. Immel indicated he realizes the height of the tires has been out of compliance;
however, the company did not have the cashflow available to create new cells to place the tires into, nor
buy the necessary equipment to move the tires. He stated due to a recent collateral agreement, some of
the cashflow was recently released back to the facility in September, 2007, and the facility has been
utilizing the funds to clean up the tire cells as well as to enter into new equity investments in order to obtain
new shredding equipment. He gave a brief explanation of the final product and the uses associated with
the product, including area road improvement projects which utilize the finished product. Chair Pro-Tem
Jerke requested Mr. Immel direct his comments as to how the facility will alleviate the environmental
concerns presented. In response, Mr. Immel indicated the tires are actively being cleared out of the fire
access lanes and he expects all of the fire access lanes to be completely clear within the next ten days.
He stated the shredding operations will begin within the next 30 days, or as soon as the equipment is able
to be installed on the site. He requested the facility be allowed to maintain temporary piles to
accommodate the shredding operations and explained the tires located within the cells will eventually be
shredded as well. He requested the Show Cause Hearing be delayed by a period of 90 days so that the
bankruptcy status may be resolved.
In response to Commissioner Garcia, Mr. Immel stated the facility is currently accepting tires for disposal,
and tires are accepted from approximately 150 retail tire dealers within the area. He clarified a new cell
was recently created,and the tires are being placed in the new cell. He further clarified once the shredding
operations begin, all of the incoming tires that arrive on a weekly basis will be shredded immediately, in
addition to 10,000 to 20,000 tires a week stored in the cells. He stated within the next ten years, all of the
tires located on the site will be recycled or removed from the cells. Further responding to Commissioner
Garcia, Mr. Immel stated a small volume of the tires received are able to be salvaged and are sent to be
resold in Juarez, Mexico, which creates a small revenue stream for the facility.
No public testimony was offered concerning this matter.
In response to Commissioner Rademacher, Ms. Blandin indicated no complaints have been received from
the surrounding property owners, and she clarified most of the surrounding businesses are industrial in
nature. Commissioner Rademacher expressed his concerns regarding the numerous piles on the site
which seem to be over ten feet in height. In response to Commissioner Rademacher, Mr. Immel indicated
the permit boundary consists of 120 acres, and currently only 60 acres are being utilized for storage of the
tires. He further stated of the remaining 60 acres, only 10 acres are utilized for buildings and equipment,
therefore, there are approximately 50 acres of land that could utilized for additional tire storage. He stated
he expects that only one additional cell will need to be constructed until the equipment is able to shred
Minutes, October 8, 2007 2007-3172
Page 7 BC0016
more than the daily influx of tires to the site. Commissioner Rademacher further expressed his concerns
regarding the need for a 50-foot buffer and stated it is important that all fire access lanes on the property
be kept free of tires.
Chair Pro-Tem Jerke expressed his concerns and stated he believes a public health issue exists. In
response to Chair Pro-Tem Jerke, regarding the need to provide notification to the facility's creditors,
Mr. Barker indicated it would be wise to inform the creditors of the situation and the date of the Show
Cause Hearing, if one is set.
Commissioner Masden concurred with Mr. Barker and expressed his concerns regarding the environmental
health hazard. In response to Commissioner Masden, Mr. Immel stated 90 days would be a sufficient
period of time to take care of the concerns at the facility. He stated progress at the facility has already
begun and he will make it a priority to ensure the fire access lanes on the site are cleared immediately.
Commissioner Masden indicated he is in favor of setting a Show Cause Hearing; however, he supports
the request to delay the date of the hearing for 90 days.
Chair Pro-Tem Jerke stated he remembers the effects of a previous tire fire, and the possibility of a fire
at this facility is a serious public health issue. He clarified the Board has the charge to protect the health,
safety, and welfare of Weld County residents. He stated he believes a Show Cause Hearing is
appropriate; however, he is in favor of a delay of 90 days as well.
Upon conferring with Ms. VanEgdom, Commissioner Masden moved to schedule a Show Cause Hearing
on January 9, 2008, at 10:00 a.m., to consider revocation of Second and Third Amended Use by Special
Review Permits#842, issued to Tire Recycling, Inc. Second by Commissioner Rademacher, 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.
There being no further business, this meeting was adjourned at 10:25 a.m.
BOARD OF COUNTY COMMISSIONERS
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Robert D. Masden
Dougla Rademache
Minutes, October 8, 2007 2007-3172
Page 8 BC0016
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