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Home My WebLink About20001983.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO AUGUST 16, 2000 TAPE #2000-22 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, August 16, 2000, 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 Barbara J. Kirkmeyer, Chair Commissioner M. J. Geile, Pro-Tem Commissioner George E. Baxter Commissioner Dale K. Hall Commissioner Glenn Vaad Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Esther E. Gesick Director of Finance and Administration, Donald D. Warden MINUTES: Commissioner Hall moved to approve the minutes of the Board of County Commissioners meeting of August 14, 2000, as printed. Commissioner Geile seconded the motion, and it carried unanimously. ADDITIONS TO AGENDA:The following was added under Planning: 2)Consider Ratification of Covenants - Gabino Lara, John Underhill, Laura Underhill, Desri Stolz, and Michael Murray [2000-1981] CONSENT AGENDA: Commissioner Baxter moved to approve the consent agenda as printed. Commissioner Geile seconded the motion, and it carried unanimously. PRESENTATIONS: 1999 OFFICE ENVIRONMENT SAFETY AWARD - DISTRICT ATTORNEY'S OFFICE: Chair Kirkmeyer presented the District Attorney's Office with a certificate and trophy recognizing the staff for its safety record during 1999. Al Dominguez, District Attorney, stated it is important to have a safe office environment and thanked the Board of Commissioners for its recognition of this accomplishment. COMMISSIONER COORDINATOR REPORTS: Commissioner Baxter stated he visited with Counselor Bob Weller, who is from Canada and holds a position similar to a Commissioner. He stated Counselor Weller lives in an area that is economically and agriculturally very similar to Weld County and they discussed the policies and legislation that have been affecting those areas. Commissioner Baxter stated he has a brochure from Counselor Weller if any of the Board would like to review it. 2000-1983 BC0016 WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $480,378.97 Commissioner Hall moved to approve the warrants as presented by Mr. Warden. Commissioner Vaad seconded the motion, which carried unanimously. BIDS: PRESENT DELINQUENT TAX LIST ADVERTISEMENT BID - TREASURER'S OFFICE: Mr. Warder presented the sole bid received. Said bid will be considered for approval on Wednesday,August 30, 2000 PRESENT AUDITING SERVICES BID - FINANCE DEPARTMENT: Mr. Warden presented the three bids received. Said bids will be considered for approval on Wednesday, August 30, 2000. He explained the current auditing service has been charging too much and it was decided to place this item to bid and it. appears there will be a significant savings. In response to Commissioner Vaad, Mr. Warden stated the Governmental Accounting Standards Board (GASB) Statement #34 is a new requirement to do an infrastructure value as well as some reformatting. NEW BUSINESS: CONSIDER RENEWAL APPLICATION FOR 3.2 BEER LICENSE AND AUTHORIZE CHAIR TO SIGN - HIGHLANDLAKE INC.: Bruce Barker, County Attorney, stated Deputy Roberts expressed no concerns with this application. Commissioner Hall moved to approve said application and authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN- DEERE CREDIT INC.: Mr. Barker stated the Assessor's Office staff is not present; however, the petition indicates staffs recommendation for approval in part because it is too late for the petitioner to request abatement for 1997. Commissioner Geile stated he would like to continue this matter until either Assessor's Office staff or the petitioner is present. Commissioner Hall commented the Assessor's recommendation is in the written record and he moved to approve said petition in part as recommended by staff and authorize the Chair to sign. Seconded by Commissioner Baxter, the motion carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN- KENT ERICKSON: Mr. Barker stated the Assessor's Office recommends approval of this abatement as indicated on the petition. Commissioner Hall moved to approve said petition and authorize the Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN- KEY CORPORATE CAPITAL, INC.: Mr. Barker stated the Assessor's Office recommends approval of this abatement as indicated on the petition. Commissioner Hall moved to approve said petition and authorize the Chair to sign. Seconded by Commissioner Baxter, the motion carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN- TOP OPERATING COMPANY: Mr. Barker stated the Assessor's Office recommends a partial abatement as explained on the petition. Chair Kirkmeyer clarified for the record that none of the petitioners for the four abatement petitions are present. Commissioner Baxter moved to approve said petition in part as recommended by staff and authorize the Chair to sign. The motion,which was seconded by Commissioner Hall, carried unanimously. Minutes, August 16, 2000 2000-1983 Page 2 BC0016 CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY - JANET L. REAM: Frank Hempen, Jr., Director of Public Works, stated this agreement is for use of a one-half mile portion of Weld County Road 47 north from U.S. Highway 34. Mr Hempen stated this agreement is necessary for access to a small guest farm. In response to Commissioner Baxter, Mr. Hempen stated currently there is no road; however, this agreement will require the standard 60-foot right-of-way. Commissioner Hall moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Baxter, the motion carried unanimously. CONSIDER APPOINTMENTS TO REGIONAL EMERGENCY MEDICAL AND TRAUMA ADVISORY COUNCIL: Gary McCabe, Director of Weld County Ambulance Service, stated the Regional Emergency Medical and Trauma Advisory Council is a new board that is replacing the Northeast Colorado Area Trauma Advisory Council. Mr. McCabe stated the Council recommends appointment of two regular members including himself and Donovan Ehrman, as well as two alternate members including Dave Bressler and Donna Nyduck. Commissioner Geile moved to appoint Gary McCabe, Donovan Ehrman, Dave Bressler,and Donna Nyduck to the Regional Emergency Medical and Trauma Advisory Council,with terms expiring August 16, 2001. Commissioner Vaad seconded the motion, which carried unanimously CONSIDER APPOINTMENT TO COMMUNITY CORRECTIONS BOARD: Commissioner Baxter moved to appoint Arlene Chacon to the Community Corrections Board, with a term expiring August 1, 2003 Commissioner Vaad seconded the motion, which carried unanimously. CONSIDER LICENSE AND EXCHANGE AGREEMENT FOR GEOGRAPHIC DATA - BOULDER COUNTY, CITY OF LONGMONT, AND TOWN OF ERIE: Mr. Warden stated under this agreement, Weld County will coordinate with Boulder County, the City of Longmont, and the Town of Erie, for exchange o' data between the involved entities. Commissioner Vaad moved to approve said agreement and authorize. the Chair to sign. Seconded by Commissioner Hall, the motion carried unanimously. CONSIDER FRANCHISE RENEWAL APPLICATION OF TELE-VUE SYSTEMS, INC.: Cyndy Giauque. stated Tele-Vue Systems, Inc., started its franchise in 1985 and it will soon expire. Ms. Giauque stated this renewal application will renew the franchise for 12 years, and if the franchise does not preform as required under the terms of the application, there is a provision for a Probable Cause/Show Cause procedure to revoke the franchise. Wendy Farley represented Tele-Vue Systems, Inc., and thanked the Weld County Attorney's Office for its assistance in completing this application. In response to Commissioner Geile, Ms. Giauque stated this franchise serves a minimal amount of residences within Weld County but there are no service boundaries. No public testimony was offered concerning this matter Commissioner Baxter moved to approve said renewal application. Seconded by Commissioner Geile, the motion carried unanimously. PLANNING: CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL. FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE) AND ACCEPT COLLATERAL FOR SITE PLAN REVIEW, SPR#301 -CHRIS AND LINDA CAIN: Sheri Lockman, Department of Planning Services. stated the Weld County Departments of Planning Services and Public Works recommend approval of this Improvements Agreement and acceptance of collateral in the amount of $1,800.00, for Site Plan Review #301. Commissioner Hall moved to approve said agreement and accept the form of collateral Commissioner Baxter seconded the motion, which carried unanimously. CONSIDER RATIFICATION OF COVENANTS - GABINO LARA, JOHN UNDERHILL., LAURA UNDERHILL, DESRI STOLZ,AND MICHAEL MURRAY: Lee Morrison, Assistant County Attorney, stated these Covenants are required to help resolve a subdivision violation. Mr. Morrison explained the parties involved each own pieces of the subdivision; however, the violation actually affects Desri Stolz and her Minutes, August 16, 2000 2000-1983 Page 3 BC0016 husband Michael Murray. He stated they do have a house on their site, but are currently unable to finance any changes due to the violation. Mr. Morrison stated if these covenants are accepted and abided by, the violation will not be pursued, the Stolz house will be considered the only one allowed to proceed with improvements. He further stated the only change to the original covenants is a reference to a pole barn horse shelter which will be allowed on one of the other lots. Mr. Morrison stated a Recorded Exemption may be considered on the properties after the 10-year delay period. In response to Commissioner Baxter, Mr. Morrison stated there is no guarantee that the future boards would allow permits on these illegal lots. He further stated the attorneys for the parties involved have reviewed and agree with the covenants. Responding to Commissioner Geile, Mr. Morrison stated the 10-year limit began at the time Recorded Exemption#1899 was approved. Chair Kirkmeyer and Commissioners Hall and Baxter all concurred that this has been going on for four years and needs to be resolved. Commissioner Hall moved to ratify said Covenants. Commissioner Baxter seconded the motion. Commissioner Geile requested this be opened to public comment prior to voting on the motion. Michael Murray, Desri Stolz's husband, stated this has been an ongoing situation and they would like to have this resolved so they can make improvements to their property. (Switched to Tape#2000-23.) There being no further comments, Chair Kirkmeyer dosed public testimony. 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 9:35 a.m. BOARD OF COUNTY COMMISSIONERS Lte A ',, � � � W�OUNTY, COLO DO ATTEST: /'fr' j / 1�_— ij�i�� Barbara J. rkmeyer, hair 14 Weld County Clerk to the Bo.r J I r,� 1 1861 .` 'mac- _' . J. eile, ro-Tem BY: 6; � �• Deputy Clerk to the Boa � O ,/ EXCUSED X USEDBDATeE OF APPROVAL ®�� , _. I r I -_ Dale K. Hall 1441 /_ C7 it Glenn Vaad Minutes, August 16, 2000 2000-1983 Page 4 BC0016 Hello