HomeMy WebLinkAbout20002325.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SEPTEMBER 27, 2000
TAPE #2000-29
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, September 27, 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
Comptroller, Claud Hanes
MINUTES: Commissioner Hall moved to approve the minutes of the Board of County Commissioners
meeting of September 25, 2000, as printed. Commissioner Geile seconded the motion, and it 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.
PRESENTATIONS:
RECOGNITION OF SERVICES, DEPARTMENT OF PUBLIC WORKS-BEN CHACON: Chair Kirkmeyer
read the certificate recognizing Ben Chacon for more than 15 years of service to the Weld County
Department of Public Works. Frank Hempen, Jr., Director of Public Works, presented Mr. Chacon with
a pin and stated he has been the crew leader while working in Maintenance Support, and he will be
missed.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
PUBLIC INPUT: There was no public input.
2000-2325
BC0016
WARRANTS: Claud Hanes, Comptroller, presented the following warrants for approval by the Board:
All Funds $1,229,401.12
Electronic Transfers -All Funds $2,107,258.93
Commissioner Hall moved to approve the warrants as presented by Mr. Hanes. Commissioner Geile
seconded the motion, which carried unanimously.
BIDS:
PRESENT BIDS: Mr. Hanes state there are no bids to present.
APPROVE VARIOUS INMATE CLOTHING BID - SHERIFF'S OFFICE: Mr. Hanes reviewed the
Memorandum from Kelly Livingston Ford, Sheriff's Office Purchasing Technician, dated September 26,
2000, recommending approval of the bid from Leslee Scott, Inc., for items 4, 6, and 8 in the amount of
$8,660.44; Robinson Textiles, Inc.,for item 5 in the amount of$3,175.68; Bob Barker Company for item 1
in the amount of$633.60; ICS for items 2 and 7 in the amount of$776.00; and ATD American for item 3
in the amount of$743.04,for a total cost of$13,988.76. Commissioner Baxter moved to approve said bid
as recommended by staff. Commissioner Geile seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER APPLICATION FOR JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT PROGRAM
AND AUTHORIZE CHAIR TO SIGN: Rick Dill,Sheriffs Office,state this application is being recommended
favorably to the Board by the Criminal Justice Advisory Board. Mr. Dill stated the application materials
indicate a$92,559.00 allocation with a cash match in the amount of$10,284.00 to help reduce the impacts
of juvenile prosecutions within the justice system, and he described some of the juvenile programs.
Commissioner Geile moved to approve said application and authorize the Chair to sign. Commissioner
Baxter seconded the motion which carried unanimously.
CONSIDER CONTRACT AMENDMENT#1 FOR JUVENILE DIVERSION PROGRAM AND AUTHORIZE
CHAIR TO SIGN: Nancy Haffner, District Attorney's Office, stated there were some unallocated funds and
Weld County is being awarded an additional$583.00 with a cash match of$194.00. Commissioner Baxter
moved to approve said amendment. The motion was seconded by Commissioner Geile, and it carried
unanimously.
CONSIDER CORRECTED RESOLUTION RE: DENY CHANGE OF ZONE #528 FROM A
(AGRICULTURAL)ZONE DISTRICT TO PUD(PLANNED UNIT DEVELOPMENT)ZONE DISTRICT FOR
600 TO 800 LOTS WITH RESIDENTIAL AND COMMERCIAL USES - SIEGRIST COMPANIES, C/O
TUTTLE APPLEGATE, INC.: Mr. Barker stated this Resolution reflects a correct legal description.
Commissioner Hall moved to approve said corrected Resolution. Commissioner Geile seconded the
motion, which carried unanimously.
CONSIDER RESOLUTION RE: STATEMENT OF OPPOSITION TO PROPOSED AMENDMENT 21: Mr.
Barker stated Section 1-45-117 of the Colorado Revised Statute allows the Commissioners to adopt a
Resolution expressing the position of the Board on a particular subject and to propose it to the electorate.
Mr. Barker stated Amendment 21 will be on the November 7, 2000, ballot, and it will create a $25 tax cut
per year, per tax, and then would increase each tax cut by$25 yearly. He stated this Resolution indicates
opposition to this amendment because it will have an adverse effect on the ability of local governments to
provide adequate services, and create a situation where local control of services would be diminished.
Commissioner Geile commented leaders of local municipalities and special districts have also expressed
concern with the potential loss of funds. He stated the main issue is that the tax increase would not be
Minutes, September 27, 2000 2000-2325
Page 2 BC0016
compensated by the State and would cause a hardship for special districts and local governments
throughout Colorado. Commissioner Baxter stated he has not been in favor of tax increases, but this
decrease would cause chaos for local services and he is opposed. Commissioner Hall stated the State
would not compensate for the loss of revenue with surplus tax funds because the State Constitution
requires all surplus be returned to the taxpayers. Chair Kirkmeyer stated this Amendment will result
in a revenue loss of approximately$2.5 to 3 million during the first year, that amount would increase each
year, and would ultimately eliminate the County and other local jurisdictions. Commissioner Hall moved
to approve said resolution. Seconded by Commissioner Geile, the motion carried unanimously.
CONSIDER RESOLUTION RE: STATEMENT OF OPPOSITION TO PROPOSED AMENDMENT 24: Mr.
Barker stated this Resolution proposes opposition to Amendment 24,which will create a situation in which
development would be restricted to certain areas indicated on a map that would not be effective until
November of next year. He stated the terms of this Amendment will reduce or eliminate local jurisdictions'
influence on growth and development in their areas, and hinder any industry related to development. Mr.
Barker stated if no agricultural area is going to be allowed to develop, the expansion of existing uses in
those areas would also be hindered. Commissioner Geile stated this Amendment is intended to deal with
growth, but it will take growth control from local governments and result in many court proceedings.
Commissioner Geile further stated existing agricultural productions would not be allowed to expand unless
approved by the voters, and Confined Animal Operations may have to follow new regulations that would
cause a hardship for those operations. Commissioner Baxter stated Amendment 24 was drafted based
on the premise that local governments have done an inadequate job in managing growth; however, he
feels Weld County has done an adequate job by seeking Comprehensive Plans from the various
municipalities and entering into Coordinated Planning Agreements. Commissioner Baxter further stated
regardless of what has been happening in other areas, Weld County has done a good job of managing
the development, and approval of this Amendment would take control away from local governments and
hinder individual property rights. Commissioner Hall commented the effects of this Amendment will cause
many land use litigations,and it has had an adverse effect by resulting in a surplus of land use applications
being submitted to beat the deadline. Commissioner Geile moved to approve said resolution.
Commissioner Baxter seconded the motion. Chair Kirkmeyer stated it is ironic that an Amendment
intended to control growth has caused a surplus in development applications. She stated Weld County
has actively strived to do comprehensive planning, it has entered into numerous Intergovernmental
Agreements with municipalities to address land use planning, and Amendment 24 will not result in
responsible planning. The motion carried unanimously.
CONSIDER AMENDMENT TO BYLAWS FOR FAIR BOARD AND APPOINT MEMBERS: Mr. Barker
stated the Fair Board recommends its bylaws be amended to appoint new members prior to its October
meeting so they are on the board before next meeting. He stated the Resolution indicates that amendment
and also adds some new members. Commissioner Geile moved to approve said amended Bylaws and
appointments. Commissioner Hall seconded the motion, which carried unanimously.
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS(PUBLIC ROAD MAINTENANCE)AND ACCEPT FORM OF COLLATERAL FOR
THE PLANNED UNIT DEVELOPMENT FINAL PLAN,S#538, FOR ELMS AT MEADOW VALE, SECOND
FILING - ELMS LAND COMPANY, LLC, C/O FLOYD OLIVER: Sheri Lockman, Department of Planning
Services, stated on September 14,2000,the Department of Planning Services received collateral from the
Elms Land Company, LLC, for the Elms at Meadow Vale, Phase 1, Second Filing, in the amount of
$285,000.00 to cover costs for paving, street signs, fencing, landscaping, and the grass lined swale. Ms.
Lockman stated the Departments of Planning Services, Public Works, and the County Attorney's Office
have reviewed the agreement and collateral and recommend approval. Commissioner Hall moved to
approve said agreement and accept the form of collateral for Planned Unit Development Final Plan,
Minutes, September 27, 2000 2000-2325
Page 3 BC0016
S#538,for the Elms at Meadow Vale, Phase 1, Second Filing, in the amount of$285,000.00. The motion,
which was seconded by Commissioner Geile, carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. No Ordinances were approved.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
There being no further business, this meeting was adjourned at 9:35 a.m.
BOARD OF COUNTY COMMISSIONERS
/� WELD COUNTY, COLO O
ATTEST: /O /L�� / (&t J
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r, ..isA
'' ♦ B rbara J. Kir Byer, air
Weld County Clerk to the BI#$ � &E & 2)12 zfi6/
186 ��ry M. J. G ile, Pro-Tem
BY: QV
Deputy Clerk to the
rge . Baxter ,
Da e K. Hall
EXCUSED
Glenn Vaad
Minutes, September 27, 2000 2000-2325
Page 4 BC0016
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