The URL can be used to link to this page

Browse Search

Home My WebLink About960827 AR2499989 RESOLUTION RE: APPROVE PARTIAL RELEASE OF COLLATERAL - COLORADO INCINERATION SERVICES, INC. (USR#918) WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, by Resolution dated December 18, 1989, the Board did approve a Performance Guarantee Agreement with Wixco Services, Inc., who leased a portion of the Tire Mountain, Inc., (Amended USR #842) location for a biomedical waste incineration facility, said property being located in part of the SE' of Section 32, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado, and WHEREAS, pursuant to said agreement and by Resolution dated January 24, 1990, the Board did accept Automatically Renewable Certificate of Deposit#760169 with the Belcaro Bank, 4100 East Mississippi Avenue, Denver, Colorado 80222, in the amount of$10,000.00, and WHEREAS, by Resolution dated September 11, 1991, the Board did approve an Amended Performance Guarantee Agreement with Colorado Incineration Services, Inc., holder of USR#918 under the name of Wixco Services, Inc., in conjunction with Tire Mountain, Inc.; and also by said Resolution the Board did accept Automatically Renewable Certificate of Deposit#760399 with the Belcaro Bank, 4100 East Mississippi Avenue, Denver, Colorado 80222, in the amount of $10,000.00, and WHEREAS, also pursuant to said Amended Performance Guarantee Agreement, the Board did, by Resolution dated November 25, 1991, accept Automatically Renewable Certificate of Deposit#760417 with the Belcaro Bank, 4100 East Mississippi Avenue, Denver, Colorado 80222, in the amount of$15,000.00, and WHEREAS,the approximate total of said collateral issued by the Belcaro Bank of Denver, Colorado, and presently held by the Professional Bank of Denver, Colorado, is $42,300.00, and WHEREAS, on May 13, 1996, the Board received a request to release approximately $30,300.00 (CD#760169 and CD#760417, plus interest accrued) of the approximate $42,300.00, leaving approximately $12,000.00 (CD #760399) for removal of equipment and site cleanup, including disinfecting the facility, and WHEREAS, it has been determined by the Board that said portion of the collateral being held by Weld County is no longer necessary to secure said performance guarantee agreements, and WHEREAS, based upon the recommendation of the Department of Planning Services, the Board deems it advisable to release $30,300.00 of said collateral. 2499989 B-1555 P-295 07/08/96 03:31P PG 1 OF 3 REC DOC Weld County CO Clerk & Recorder 0.00 960827 tic: /ac; C67/5; ,<-7 PL0456 RE: PARTIAL RELEASE OF COLLATERAL - CISI (USR#918) PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that $30,300.00 held by the County as collateral in the form of Automatically Renewable Certificates of Deposit #760417 and #760169, dated November 12, 1991, and December 15, 1989, in the initial amounts of$15,000.00 and $10,000.00, respectively, issued by the Belcaro Bank of Denver, Colorado, and presently held by the Professional Bank of Denver, Colorado, be, and hereby are, cancelled and released. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to return said collateral, plus all interest accrued, totaling $30,300.00 to the appropriate issuing party. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of May, A.D., 1996. Methn BOARD OF COUNTY COMMISSIONERS Ala ISM � Barbara J. Kirkmeyer, �L t !/ i ISM O =�'• o ty Clerk to the Board • fer GeorgeIBaxter, Pro-Tem ' !_ ;eputy CleIto the Board FXCIiSFf) DATE (1F SIfNINC; (AYF) Dale K. Hall APP D AS F M: Constance L. Harbert unty At arc ; eiudA'(R Q..I W. H. Webster 2499989 B-1555 P-295 07/08/96 03:31P PG 2 OF 3 960827 PL0456 The Weld County Board of County Commissioners, at its May 13, 1996, regular meeting, approved the release of collateral as follows: 1) Automatically renewable Certificate of Deposit#760417, dated November 12, 1991, Issued by the Belcaro Bank of Denver, Colorado, presently held by the Professional Bank of Denver. Payable to the Board of County Commissioners and Colorado Incineration Services, Inc. Initial amount of$15,000.00, plus interest now accrued was released. 2) Automatically renewable Certificate of Deposit#760169, dated December 15, 1989, and issued by Belcaro Bank of Denver, Colorado, presently held by the Professional Bank of Denver. Payable to Concord Financial on behalf of the Board of County Commissioners of Weld County, Colorado. Initial amount of$10,000.00, plus interest now accrued was released. Approximate amount of both Certificates plus all interest accrued total $30,300.00 as of this date. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ,7 Barbara J. Kirkmeyer, Chair ATTESE, 'New Coilihtftteric tptthe oard • ten _ BY: Depu y er to the Board 2499989 B-1555 P-295 07/08/96 03:31P PG 3 OF 3 960827 ht4 .., HiFi ' yFrce J W J Ntt_1 W Wi! G - tNy VV�� @ I� C o '; \// Q CZWmF O 1 _ «W Q g TF rR. o O wrc+ $ 1 F.ktrk a• gg W $ O SSE O c o5m y&=�$ • O co a c 44 y 4gw U° O W cbxxa< _ �Wt‘l Ftxa< F' it S sa F S NI I ,kka fA «y F I cr, <,rczo Z y (LE.. I <��'x° 0 i r-i O.tzi C2 pO, X Ec" n Q z W c tO “. LL i.✓' 1" +6 om Um LL Thy. '."i ;off 0 O l`� Vi:',7OZ O O f GN_._ gim`t'< 2 rL� Fg� z :v � S� = h y w w m�i c O egi F O bH w u kw� 0 it: <^ _ 0 w 2I 1551°E `o F <N = '-0-10 w .N-i 6 3 g :(7.)- it CC pg2 Z gqa in Rom -I F w i r va r ' ¢ga°°8 w U 3.$¢ O 6 N y,°,_I3 a U 3 O ya8 a y g m 8 r © 0 o ogz,.`E5 3 In g gar- 1"'N, 0 gz��a5 224, 3 R z v sa�zko o < 8RN v o 0 Pc1E611 i" ( � 0 —NR•t u z cd W 3! co t' O g �,< O O z { w �g �w 8°7g u m z ££ W o u aNg 70 0 ts d jy z x- r fszx F- W r w uwW hwc z o cu g G "' J aJ Z o r(-t. Q .., ... Z m a gaW"a- a ° .-1 ¢ w o G c g�aWy€ a J x e. Z O p4W g5 gF,-.t a °a z r_c z 'y Ew 9 lW 'x'r s $ o Okii w W�" z a3 G O w - co ya cu <„ Q m O � B:g � � m Lu F m 55s0 � Q Ey L.1 ot N H .Hy O ;<wgg a D N 8 vW. M k' a wS 5y z w M ' ° LL = c° '� � n x g H z ^ tw<yywa w w � �w F- Z F, O Bgi.X�z z Z 0 >+ G g'-'4 �? z a S w p KKi�� €� C = G H �x iJ 2i C H ;a3g u r La g`go oWLL ° = O z -flier 0 S U < z `xi°a z o 0 c1 r U p °° W C f+1 g� Et <n 0 O < �_FWo= `� N O H X M 2'ggwae ti U Vi- .ggu '_2 f' LL 'O V a a\ rg�wj2 t O e, p Eo_2si F H 0 0 0 _, wg_EMs r �, w m W H el8EE- w o W W I ugsoc,. ic U J o I z�zm W't E U m w co. WQz�u,,, , co co u d 2 00 m W≥xz ° N Q m'a TFuzl ° ©© )) F a ffd3mo8 H= E d g� mo ,ot.7.4,r , 7 tt r,U iii _. WELD COUNTY, COLORADO 3OARD OF COUNTY COMMiSSIO ERS BY:% J WELD COUNTY, COLOARDO� JJ At Barbara J. Kirk eyer, Chair Barbara J. Kirkmayer, C it 960827 ' DEPARTMENT OF PLANNING SERVICES PHONE (970)353-6100,EXT.3540 FAX (970)352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE COLORADO GREELEY, COLORADO 80631 May 9, 1996 Board of County Commissioners 915 10th street Greeley, Colorado, 80631 Subject: Partial release of collateral for a Performance Guarantee with Colorado Incineration Services, Inc. (USR-918) Dear Commissioners: Bob Confer in his letter dated April 26, 1996 requested that the collateral being held for the Performance Guarantee be released. The Performance Guarantee covered Bio-Medical waste on site, Transport of Bio-medical waste, and removal of equipment and site clean up. The facility has not operated since early in 1994 and medical waste is not being transported to the site or stored on site. The removal of the kiln and associated equipment, a dumpster half full of ash and disinfecting of the site have not been accomplished at this time. Mr. Confer is requesting that approximately $30,300.00 (CD#76016900 and CD# 76041700) of the approximate $42,300.00 of the collateral be released. This would leave approximately $12,000.00 (CD#76039900) to cover the cost to remove the kiln and associated equipment, the ash dumpster, and disinfect the facility. Department of Planning Services staff recommend that the Board of County Commissioners release the approximate $30,300.00 (CD#76016900 and CD# 76041700) collateral being held and retain approximately $12,000.00 (CD#76039900). Sincerely, le a:ft t C/a Current Planner II pc: Property research file Amended USR-918 960827 SERVICE,TEAMWORK,INTEGRITY,QUALITY PLic/ MAY OS '96 11:45AM MAIL BOXES ETC. P. 1 'VIA PAX Weld County Planning Dept. 970-352-6312 To: Mr. Keith A. Sehnert MAY 0 8 1996 Department b£Planning Services RECEIVED Weld County Administrative Offices Greeley, Colorado From: Robert a Confer,President Colorado Incineration Services,Inc. (CISI) PO Box#188 Niwot, Colorado 80544 Dear Mr. Schutt, This is in response to your request for additional information concerning the Contractors noted in my letter to you of May 7, 1996. Iron Eaters, Inc. of Montana Sydney,Montana Phone: 1-800-940-2220 Contact: Mr. Zane Pasma Will consider buying the complete plant. Or will scrap the MI plant equipment which should pay contractors cost and return positive revenues to CISI. Approx. one day to do the job. Anderson Salvage, Greeley, Colorado Phone: 970-352-7797 Contact: Mr. Kenny Anderson Will scrap and salvage. Cost between$20,000-$40,000.00 Equipment component and scrap sale should net CISI a positive revenue for the project Wayne Gomez Demolition, Denver Phone: 303-659 4444 Contact: Mr, Larry Grote Will scrap, salvage or move the equipment. Est. 100 ton range. Scrap and salvage values should more then pay for contractors cost. Could net CISI$20,000,00 or more. Gus Anderson of Denver Will sanitize and disinfect plant and equipment, Cost will range. from $1,000.00 to $2,500.00. He can also scrap and salvage the plant equipment for approximately$15.00/ton. 05/08/96 11 :47 TX/RX N0.3961 P.001 NRY OS '96 11:46RM MRIL BOXES ETC. F.2 I have finally been able to reschedule CISI's Legal Counsel retainer fee based upon your estimated completion of CISI's request and release of the Performance Collateral on May 13, 1996. If you have any changes to this schedule,please let me know. If you require any ad ' l ' tion,please advise. Sincerely Robert . , c; Aaron Hinesley, CISI 05/08/96 11:47 TX/RX NO.3961 P.0022 MAY 03 '36 03:48PM NAIL BOXES ETC. P. 1 May 3, 1996 VIA FAX Weld County Planning Dept. 970-352-6312 To: Mr.=Keith A. Schuett MAY 0 6 1996 Department of Planning Services ��,�.,° g _E tv ED Weld County Administrative Offices ® E V Greeley, Colorado From: Robert E. Confer,President Colorado Incineration Services, Inc. PO Box#188 Niwot, Colorado 80544 Dear Mr. Schuett, Thank you for your return telephone call of today regarding Colorado Incineration Services, Inc. (CISI)vacating the Rmissions Permit#88WE161 and the release of the Performance Collateral, In reviewing the terms and conditions of the SECOND AMENDED PERFORMANCE GUARANTEE AGREEMENT dated February 17, 1993,the Performance Collateral is covered by: Item 1.0 Closure of facility. The facility was closed during early part of 1994 in accordance with approved plans and specifications. The plant has been shut down since. Item 2.0 Closure estimate. Cost to dispose of residual medical waste and any remaining ash estimated at$500.00. It is noted that only ash remains in the kiln and dumpster unit and is to be disposed of by CISI. Item 2.1 NA. No cost involved. Item 3.0 Abandonment closure. The estimated cost to remove the ash and any waste material and to disinfect the equipment and building and to dismantle and transport the equipment is $6,830.00. This item to be completed by CISI. Item 3.1 NA. This item will not be required. $8,000.00 estimated cost inelmiwt in the Performance Collateral. Item 4.0 NA. No cost involved in this item. Item 4.1 NA No cost required. 05/03/96 15:51 TX/RX N0.3911 6,804 ■ MRY 03 '96 Q3:49PM MRIL BOXES ETC. F.E Item 4.2 Bio-medical waste hauling. This item will not be required, $4,500.00 cost included in the original Performance Collateral estimate. Item 5.0 Guarantee amount summary total of$24,510.00. Includes above items. Disposal of residual waste. Item 2.0----------$500.00 Removal of equipment Item 3.0-----------$6,830.00 Remediation of contamination Item 3.1------$8,000.00 Incin.of 36,000#waste. Item 4.0--------$4,680.00 Truck 36,000# waste. Item 4.2-------------$4,500.00 TOTAL $24,510.00 Item 5,1 Additional sum entered in estimate for trucking and incineration of an additional 36,000# of waste. This item will not be required----$9,180.00 Item 6.0 Guarantee. Total guarantee and collateral required----$33,690.00 The current value of the three Certificates of Deposits (CD's)including accrued interest is approximately$42,300.00. If Weld County were to consider releasing CD's# 76016900 and 76041700,totaling approximately$30,300.00 to CISI and then retain CD#76039900 in the amount of approximately$12,000.00, Weld County would then have more then sufficient Performance Collateral to assure CISI completion of uncompleted Items 2.0 and 3.0 in accordance with original estimates and CISI would have sufficient fonds to pay urgent immediate legal costs,expenses and completion of Items 2.0 and 3.0. Further, sale of the incineration plant equipment will more then pay for final clean up,removal of the equipment-and pay debt of the company. If you require any : •..:;. ' ormation,please let me know. Sincererfy_ '�ti��/ ✓ :r E. 4°. , ssid- c: Aaron Hinesley,CISI 05/03/96 15:51 TX/RX N0.3911 P.002 960827 J1 RON HINESLEY 303 329 6919 P_ 02 May 1, 1996 VIA FAX 970-352-0242 To: Mr Ice Morrison Assistant County Attorney Weld County Administration Offices Greeley, Colorado 80631 From: Robert E. Confer, President Colorado Incineration Services,Inc.(CISI) PO Box#188 Niwot, Colorado 80544 Phone# 303-581-9773 Re: Emission Permit#88WE161 Vacating Release of Guarantee Collateral Dear Mr Morrison, This is in follow up to our telephone conversation of yesterday and your request for additional information regarding CISI vacating their Emission Permit and the release of the Guarantee Collateral by Weld County. Attached May 1, 1996 Minutes of the Board of Directors Meeting and a current State of Colorado Certificate showing good standing. If you have any que• wire additional information,please let me know. I Sincerely,_ /i- Robert . Confer, re nt c: Mr. Keith Schuett, Weld County Planning Dept. Fax: 970-352-6312 Aaron Hinesley,CISI 05/01/96 19:41 TX/RX N0.3887 BORON HINESLEY 303 329 6919 P. 03 MIN[TIES OF BOARD OF DIRECTORS MEETING A Special Meeting of the of the Board of Directors of Colorado incineration Services, Inc., (hereinafter CISI) held at 5600 South Quebec Street, Suite/1148-B,Denver, Colorado on May 1, 1996 @ 2:00 PM pursuant to the waiver of call, notice and service thereof. The following members of the Board of Directors, a full quorum, present: Robert E. Confer, Director Aaron D. Iinesley,Director Robert E. Confer called the meeting to order to help provide Mr. Lee Morrison, Assistant Weld County Attorney, additional information that he has requested.concerning CISI vacating the Emission Permit#88WE161 and requesting release of the Guarantee Collateral. CISI requested vacating the Emission Permit on April 26, 1996 in a letter directed to Mr. Keith A. Sehuctt of the Weld County Planning Department. A review and discussions of the Minutes of a Special Shareholders Meeting that was held on March 15, 1996 confirms that Robert E. Confer, President and Aaron I)- Hinesley, Vice President, are authorized to carry out liquidation of the company as well as pursuing all its legal claims. Costs for legal fees and other expenses should be available by vacating the Emissions Permit and release of the Collateral by Weld County. The Collateral is in the form of Certificates of Deposit(CD) issued by The Professional Bank of Denver. The CD's, numbers 76016900, 76039900 and 76041700, are held by Weld County. Incineration plant and equipment will be sold to another incineration operation. Proposals for this purchase expected within sixty(60)days. CISI is not in bankruptcy or any form of receivership. There are no claims against the Emission Permit Collateral (CD's). A Colorado State Certificate showing CISI in " Good Standing" has been obtained to forward to Mr. Morrison along with a copy of these meeting minutes. RESOLVED that the law offices of Stutz and Miller, Mr- Paul G. Urtz he engaged to defend CISI in the law suites filed by Jamison Tool,Inc. Further, that all legal claims (CISI losses)against Jamison Tool, Inc., Jerty Jamison,David Avina,Colorado Medical Wastes and Gene Jackson will be handled by Mr. Urtz There being no further business,the meeting adjourned. The undersigned Directors being-all the members of the Board of Directors of Colorado Incineration Services,Ine. by their signatures below approve and consent to all business transacte.. = a . 'n said minutes; and hereby waive call, notice and service of notice of sai eetin ich • ise may have been entitled_ R' . E. Confer Aaron D. Hines 05/01/96 19:41 TX/RX N0.3$$7 E.003 U4,20/1935 11:49 30353071 ROBERT E CONFER PAGE 01 Weld County Planning Dept. April 26, 1996 VIA FAX APR 2 6 1996 970-352312 To: Mr. Keith A Schuett RECEIVE® Current Planner II Department Of Planning Services Weld County Administrative Offices 1400 N. 17th Avenue Greeley,Colorado 80631 From: Robert E. Confer,President Colorado Incineration Services,Inc. Plant Location- 12311 Weld County Road#41 Hudson, Weld County, Colorado Mailing Address: PO Box# 188 Niwot,Colorado 80544 Phone: 303-581-9773 Re: Request for release of Guaranty Collateral Emission Permit#88WE161 Dear Mr. Schoen, This is in follow up our telephone conversation of this morning regarding Colorado Incineration Services,Inc (CISI)vacating Emission Permit# 88WE]61 and the release of the collateral by Weld County. At a Special CISI Stockholders Meeting on March 15, 1996, it was resolved thatRobert K Confer,President of CIS',was invested with the authority to liquidate the company. As you know,the CISI Hudson, Colorado incineration plant was closed in early 1994 in full compliance with approved plans and specifications_ The plant-has not operated since this time. As discussed with you, CISI urgently requires immediate cash funds from the l'ertnil Collateral to pay legal retainer fees and costs involving several law suits with the I.essor. If CISI does not have-legal tclawcinatiott immediately the loss to CST could be very significant. CISI plans are to complete the sale of the plant as soon as possible to another incineration operation with the plant being moved out of'state to a different location. The finds from this sale will more then pay all creditors of CISI. 04/26/96 10:52 TX/RX N0.3839 P.00t 960827 Hello