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Rico trustees approve VCUP settlement with Atlantic Richfield, strike Columbia-tailings clause
Summary
The Board approved Resolution 2024-03 to enter a Voluntary Lead Soils Cleanup Program settlement with Atlantic Richfield Company and an IGA with CDPHE after public comment and negotiation; trustees voted 4-1 with one abstention and agreed to strike the last sentence of clause 7.8.7. Mayor Pro Tem Pat Fallon voted no; Trustee Cristal Hibbard abstained.
The Rico Board of Trustees voted to approve Resolution 2024-03, authorizing a Voluntary Lead Soils Cleanup Program (VCUP) Implementation, Funding, and Settlement Agreement with Atlantic Richfield Company (ARCO) and an intergovernmental agreement (IGA) with the Colorado Department of Public Health and Environment (CDPHE). Mayor Nicole Pieterse moved the resolution; Trustee Joe Dillsworth seconded. The final roll-call vote was recorded as four in favor, one opposed (Mayor Pro Tem Patrick Fallon) and one abstention (Trustee Cristal Hibbard).
Public comment included multiple residents and stakeholders. ARCO representative Mike Micelty responded to questions about tailings use and agreed during the meeting to strike the final sentence of clause 7.8.7, which had read "unless the Town expressly consents to the use of the Columbia tailings site for that purpose." Following that deletion and trustee discussion, the board approved the settlement and IGA.
Trustees debated details of the agreement and negotiation strategy. Trustee Benn Vernadanis raised a concern with clause 7.8.3 during discussion; Trustee Chris Condon commented on the negotiation process. The board also held a disinterested-trustees vote on whether Trustee Cristal Hibbard had a conflict of interest; that procedural vote was 3-2 in favor of finding a conflict (Benn Vernadanis and Pat Fallon stated it was a conflict). Trustee Hibbard then abstained from the final resolution vote.
The resolution delegates settlement implementation steps to staff and records the board's direction and the amended agreement language. Additional follow-up is expected as staff coordinates with ARCO and CDPHE to implement cleanup activities.
