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BEFORE THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 4, 1992
EXCERPT FROM TAPE #92-15
IN RE: COMPLIANCE WITH FINANCIAL ASSURANCE AGREEMENT FOR REMOVAL OF TIRES -
MCMILL, INC. , AND R.E.C.O.A. , INC.
COMMISSIONERS PRESENT:
George Kennedy, Chairman
C. W. Kirby
Gordon E. Lacy
W. H. Webster
OTHERS PRESENT:
Lee D. Morrison, Assistant County Attorney
Judy Schmidt, Health Department, Environmental Protection Services
Bob Burroughs, Attorney representing applicant
Carol A. Harding, Acting Clerk to the Board
921700
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Mr. Morrison: The question before you, Mr. Chairman, is whether or not
to proceed with using the money posted as security by
McMill and R.E.C.O.A. for the removal of tires in the
area to the east and to the northerly portion of the old
Eaton landfill. You took $4,000 in collateral to assure
that, and the representatives are present. Also, the
Health Department has done an inspection. I believe
some of that is already in your packet. Judy Schmidt
can give you further details. My understanding from the
representative is that they are not going to contest the
finding that they did not remove the tires, and that
they would not contest the County spending the funds to
do the removal. The Health Department has also
investigated that cost to try and confirm that the tires
can be removed for that, and I will have Judy Schmidt
address those issues.
Ms. Schmidt: The Weld County Health Department, Environmental
Protection Services, had an inspector on the location on
4/30/92 and determined that the tires were still
existing on the site. We were at the facility on
4/13/92, and they were still on the site. Some of them
have been quartered. Basically we did receive one
letter for disposal of the tires, and it basically was
an inadequate closure plan.
Chairman Kennedy: I am sorry, it was adequate what?
Ms. Schmidt: It was an inadequate closure plan, so our recommendation
would be to remove the tires from the site to an
approved facility. We have called the one facility that
is approved in Weld County, and they have basically
given us a verbal quote. We would have to get something
in writing before it would be determined if they would
go to that site or not.
Chairman Kennedy: Would anybody from the McMill's want to speak to this?
Bob Burroughs: I am Bob Burroughs, Mr. Chairman, members of the Board.
As Mr. Morrison has stated, they do acknowledge default
in removal of the tires and have no objection to the
County using the funds for removal.
Chairman Kennedy: Any questions of Mr. Burroughs?
Commissioner Lacy: Mr. Chairman, with that information, I would move that
we proceed with the removal of the tires using the
financial assurance money that we had taken, that was
set up. I believe, if I remember correctly, that was
put into a cashier's check in January. That was when it
was due, and that was taken care of at that time. So,
I would move that we proceed.
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Chairman Kennedy: I am going to ask, or interject here for a moment, and
ask you if there is anybody in the audience who wishes
to speak for or against Mr. Lacy's motion. Hearing
none, I would ask for a second.
Commissioner Kirby: Second.
Chairman Kennedy: Moved by Gordon Lacy and seconded by Bill Kirby to
approve. Any further discussion?
Commissioner Kirby: Just as a matter of question, I assume we will take bids
on the actual cost and procedure for removing those.
Commissioner Lacy: We have to.
Commissioner Kirby: Just wanted to make that part of the record.
Chairman Kennedy: I had heard we had received one bid, but I guess we have
not yet.
Ms. Schmidt: It was just a verbal bid.
Chairman Kennedy: Okay, and it was indicated they could do it for the
moneys.
Ms. Schmidt: Yes.
Chairman Kennedy: Any further discussion? All in favor, say aye.
[All commissioners present voted aye.]
Chairman Kennedy: Anyone opposed?
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