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HomeMy WebLinkAbout20003046.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DECEMBER 11, 2000 TAPE#2000-35 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, December 11, 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 - EXCUSED 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 Geile moved to approve the minutes of the Board of County Commissioners meeting of December 6, 2000, as printed. Commissioner Baxter seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Hall moved to approve the Certification of Hearings conducted on December 6, 2000, as follows: 1) Fourth Replat of Gilbaugh's Appaloosa Acres, Ivan and Joanne Gilbaugh; 2) Change of Zone#551, Cecil Farms, do Vem Cecil, do Todd Hodges Design, LLC; 3) A Site Specific Development Plan and Use by Special Review Permit#1288, Michael Goss, do AgPro Environmental Services, LLC. Commissioner Geile seconded the motion, which carried unanimously. ADDITIONS TO AGENDA: There were no additions to the agenda. CONSENT AGENDA: Commissioner Baxter moved to approve the consent agenda as printed. Commissioner Geile seconded the motion, and it carried unanimously. PUBLIC INPUT: There was no public input. 2000-3046 BC0016 WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $292,062.05 Commissioner Hall moved to approve the warrants as presented by Mr. Warden. Commissioner Geile seconded the motion, which carried unanimously. NEW BUSINESS: CONSIDER REPORT OF CHANGES TO MODIFY PREMISES AND AUTHORIZE CHAIR TO SIGN - EATON COUNTRY CLUB: Mr. Barker stated the changes were completed last February; however, the applicant never filed this report. The oversight was noticed at the renewal hearing last week and this will finalize all outstanding issues at the Country Club. Commissioner Geile moved to approve said Report of Changes to Modify Premises and authorize the Chair to sign. Seconded by Commissioner Hall,the motion carried unanimously. CONSIDER PURCHASE OF SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - ELDERGARDEN, INC.: Walt Speckman, Director of Human Services, stated this is an extension of the existing agreement under which Eldergarden, Inc.,will provide 720 units of Saturday adult respite care to 15 individuals. For these services, Eldergarden will be reimbursed $11.00 per hour up to a total of $8,000.00. Commissioner Baxter moved to approve said agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner Geile, carried unanimously. CONSIDER FIVE PURCHASE OF SERVICES AGREEMENTS WITH VARIOUS PROVIDERS AND AUTHORIZE CHAIR TO SIGN: Mr.Speckman stated under these agreements,each of the senior centers will be award $1,000.00 to enhance the services provided. Commissioner Geile moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Hall, and it carried unanimously. CONSIDER 2001 GRANT APPLICATION CERTIFICATIONS AND ASSURANCES FOR FEDERAL TRANSIT ADMINISTRATION ASSISTANCE PROGRAMS AND AUTHORIZE CHAIR TO SIGN: Mr. Speckman stated certifications and assurances are required before applying for a grant. Commissioner Baxter moved to approve said application certifications and assurances and authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried unanimously. CONSIDER CONTRACT FOR VICTIM/WITNESS PROGRAM AND AUTHORIZE CHAIR TO SIGN: Gary Rathke, District Attomey's Office,stated this is the VALE contract. Gary Rathke, District Attorney's Office, stated this contract is for funding received from the Victim's Assistance and Law Enforcement Board in the amount of$65,400.00. Commissioner Geile moved to approve said contract and authorize the Chair to sign. Commissioner Hall seconded the motion, which carried unanimously. CONSIDER CERTIFICATION OF COMPLIANCE AND STATEMENT OF GRANT AWARD FOR VOCA CRIME VICTIM ASSISTANCE PROGRAM: Mr. Rathke stated the application request has been awarded in the amount of$27,609.00, with a cash match of$6,902.00. Commissioner Baxter moved to approve said certification and grant award and authorize the Chair to sign. The motion, which was seconded by Commissioner Geile, carried unanimously. CONSIDER TEMPORARY ROAD CLOSURE OF WELD COUNTY ROAD 47 BETWEEN 40 AND 42: Commissioner Hall moved to approve said temporary road closure. Commissioner Geile seconded the motion, which carried unanimously. Minutes, December 11, 2000 2000-3046 Page 2 BC0016 CONSIDER APPOINTMENT TO FAIR BOARD: Commissioner Geile moved to appoint Ted Morgan to the Fair Board with a term expiring October 31, 2001. Commissioner Baxter seconded the motion,which carried unanimously. FINAL READING OF ORDINANCE #82-W, IN THE MATTER OF REPEALING AND RE-ENACTING ORDINANCE NO.82-V,THE SETTING OF FEES FOR SERVICES PROVIDED BY THE WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT: Commissioner Hall moved to read Ordinance #82-W by title only. Commissioner Geile seconded the motion, which carried unanimously. Mr. Barker read said title into the record. Mr. Warden stated the Weld County Department of Public Health and Environment has requested additional changes be made to reflect recent fee changes by the State. Mr. Warden reviewed the changes for the record. No public testimony was offered concerning this matter. Commissioner Geile moved to approve Ordinance#82-W on Final Reading with the changes as discussed by Mr. Warden. Commissioner Baxter seconded the motion, which carried unanimously. FINAL READING OF ORDINANCE #84-W, IN THE MATTER OF REPEALING AND RE-ENACTING ORDINANCE NO. 84-V, THE SETTING OF FEES FOR SERVICES PROVIDED BY WELD COUNTY: Commissioner Geile moved to read Ordinance #84-W by title only. Commissioner Hall seconded the motion, which carried unanimously. Mr. Barker read said title into the record. Mr. Warden stated there are no changes since first reading. No public testimony was offered conceming this matter. Commissioner Baxter moved to approve Ordinance#84-W on Final Reading. Commissioner Hall seconded the motion, which carried unanimously. FINAL READING OF ORDINANCE#136-O, IN THE MATTER OF REPEALING ORDINANCE NO. 136-N AND RE-ENACTING THE SETTING OF THE AMOUNT OF PURCHASES WHICH MUST BE BY WRITTEN SEALED BIDS WITH A TEN-DAY PERIOD FOR CONSIDERATION: Commissioner Hall moved to read Ordinance#136-O by title only. Commissioner Baxter seconded the motion,which carried unanimously. Mr. Barker read said title into the record. Mr. Warden stated the Board is required under Article 14 of the Home Rule Charter to set the amount of purchases which must be by written sealed bids, and there have been no changes since second reading. No public testimony was offered concerning this matter. Commissioner Geile moved to approve Ordinance#136-O of Final Reading. Commissioner Baxter seconded the motion, which carried unanimously. SECOND READING OF CODE ORDINANCE #2000-1, IN THE MATTER OF ADOPTING BY REFERENCE AND ENACTING A CODE FOR THE COUNTY OF WELD: Commissioner Geile moved to read Ordinance #2000-1 by title only. Commissioner Hall seconded the motion, which carried unanimously. Mr. Barker read said title into the record. Carol Harding, Clerk to the Board's Office, reviewed the proposed changes as indicated in a Memorandum to the Board, dated December 11, 2000. No public testimony was offered concerning this matter. Commissioner Hall moved to approve Ordinance #2000-1 on Second Reading. Commissioner Baxter seconded the motion, which carried unanimously. CONSIDER AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST ROGGEN DISPOSAL FOR VIOLATION OF HEALTH REGULATIONS(CON'T FROM 10/02/2000): Trevor Jiricek, Weld County Department of Public Health and Environment, recommended this matter be continued to June 4,2001. Mr.Jiricek stated the property owner has been making progress, and the site should be closed by the next hearing. Commissioner Hall moved to continue this matter to June 4, 2001, at 9:00 a.m. Commissioner Geile seconded the motion, which carried unanimously. PLANNING: CONSIDER PROBABLE CAUSE HEARING FOR USE BY SPECIAL REVIEW (SUP #454) - HOWARD DUCKWORTH, DBA WELD COUNTY WASTE DISPOSAL, INC. (CON'T FROM 02/23/00): Mr. Jiricek recommend this matter be continued for one year. He stated this is the only site in Weld County that has Minutes, December 11, 2000 2000-3046 Page 3 BC0016 required Superfund dollars to cleanup. Mr. Jiricek stated HS Resources and Amoco have done their part of the cleanup,have conducted one year of post closure monitoring,and should be released from the EPA monitoring of ground cover within the next year. He explained the property owner has not made any efforts to clean the site, has not paid taxes since 1995, and staff is waiting to see of the EPA enforcement efforts are having any effect. Mr. Jiricek stated the property owners attorney has indicated Mr. Duckworth has no funds for cleaning the site,and staff would like an additional year to ensure that all parties involved are aware of the outstanding issues pertaining to long-term maintenance. In response to Commissioner Baxter, Mr. Jiricek stated the Treasurer has not listed the site for tax sale do to the pending issues; however, if it does result in a tax sale, there should be some indication as to the previous issues on the site. Chair Kirkmeyer stated it is likely the issues will be resolved since the EPA is involved. No public testimony concerning this matter. Commissioner Baxter moved to continue this matter to Monday, December 10, 2001. Commissioner Hall seconded the motion, which 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 9:20 a.m. BOARD OF COUNTY COMMISSIONERS W D COUNTY, COLO DO l# ATTEST: k ,I- ; . .a% Barbara J. irkmeyer, hair Weld County Clerk to the .!= • "r-s, 0001 o! or. 10 died, 4. M. G ile, Pro-Tem BY: iii .. I .44" Deputy Clerk to the Boa•�`: ,r r E. Baxter Dale K. all EXCUSED Glenn Vaad Minutes, December 11, 2000 2000-3046 Page 4 BC0016 Hello