HomeMy WebLinkAbout941572.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 5, 1994
TAPE #94-47
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 5, 1994, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chairman and on roll call the following
members were present, constituting a quorum of the members thereof:
Commissioner W. H. Webster, Chairman
Commissioner Dale K. Hall, Pro-Tem
Commissioner George E. Baxter- EXCUSED
Commissioner Constance L. Harbert - EXCUSED
Commissioner Barbara J. Kirkmeyer
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Carol Harding
Finance and Administration Director, Don Warden
MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board of County
Commissioners meeting of November 28, 1994, as printed. Commissioner Hall
seconded the motion, and it carried unanimously.
CERTIFICATIONS
OF HEARINGS: Commissioner Hall moved to approve the hearings conducted on November 28,
1994, as follows: 1) Hotel and Restaurant Liquor License Application for Del
Camino, Inc., dba Las Carretas Del Camino; and 2) Subdivision Preliminary
Plan, Dos Rios Estates, 2nd Filing, do Joyce Allely. Commissioner Kirkmeyer
seconded the motion, and it carried unanimously.,
ADDITIONS: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the consent agenda as printed.
Commissioner Hall seconded the motion, and it carried unanimously.
COMMISSIONER
COORDINATOR
REPORTS: There were no reports given today.
PUBLIC INPUT: There was no public input offered.
WARRANTS: Don Warden, Director of Finance and Administration, presented the following
warrants for approval by the Board:
General Fund $ 824,516.14
Payroll Fund $ 4,293.44
Handwritten Warrants:
General Fund $ 60,000.00
Payroll Fund $ 469,546.31
Electronic Transfer:
Payroll Fund $ 66,872.15
Commissioner Kirkmeyer moved to approve the warrants as presented by Mr.
Warden. Commissioner Hall seconded the motion, which carried unanimously.
941 572
BUSINESS:
OLD: CONSIDER CLOSING CLERK AND RECORDER'S GREELEY AND FORT
LUPTON OFFICES AT 12:00 NOON ON DECEMBER 30, 1994 (CONT. FROM
11/28/94): Mr. Warden explained he has spoken with the auditors and
Comptroller, and all agree that closing at 3:00 p.m. on December 30, 1994, will
allow enough time to make the appropriate cash and inventory counts. Mary
Ann Feuerstein, Clerk and Recorder, stated she requested the noon closing to
allow enough time to do complete counts because of the transfer to a new Clerk
and Recorder; however, she is agreeable to the three o'clock closing time.
Commissioner Hall moved to approve closing the Clerk and Recorder's Greeley
and Fort Lupton offices at 3:00 p.m. on December 30, 1994. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
NEW: CONSIDER AGREEMENT WITH COLORADO DEPARTMENT OF
TRANSPORTATION, DIVISION OF TRANSPORTATION DEVELOPMENT,
FOR SECTION 18 FTA FUNDS AND AUTHORIZE CHAIRMAN TO SIGN: Walt
Speckman, Director of Human Services, explained this is an on-going grant
which covers administrative and operating expenses for transportation services
to the elderly and disabled of rural Weld County. The total grant is $33,700 this
year, which is up from last year's amount. Commissioner Kirkmeyer moved to
approve said agreement and authorize the Chairman to sign. Seconded by
Commissioner Hall, the motion carried unanimously.
CONSIDER FOUR YEAR AREA PLAN FOR AREA AGENCY ON AGING TO
COLORADO DEPARTMENT OF HUMAN SERVICES, AGING AND ADULT
SERVICES, AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Speckman stated
this is the four-year plan, based on several formal needs assessments, analysis
of census data, evaluation of program waiting lists, information from focus
groups, and advice and input from the Area Agency on Aging Advisory Board.
Highest priority will be given to transportation, information dissemination,
housing and volunteerism. Commissioner Hall moved to approve said plan and
authorize the Chairman to sign. Seconded by Commissioner Kirkmeyer, the
motion carried unanimously.
CONSIDER TWO OIL AND GAS DIVISION ORDERS TO K.P. KAUFFMAN
COMPANY, INC. AND AUTHORIZE CHAIRMAN TO SIGN - SE 1/4 NE 1/4, SW
1/4 NE 1/4, NE 1/4 NE 1/4, AND NW 1/4 NE 1/4, S26, T2N, R67W: Bruce
Barker, County Attomey, stated the percentages are correct as reported in said
division orders. Commissioner Kirkmeyer moved to approve said division
orders and authorize the Chairman to sign. Seconded by Commissioner Hall,
the motion carried unanimously.
CONSIDER WAIVER OF COLORADO OGCC 150-FOOT SET BACK
REQUIREMENT FOR WEIDERSPON, STATE J 16-12 WELL - NW 1/4 SW
1/4, S16, T5N, R66W: Mr. Barker explained a request was received from Gary
and Theresa Weiderspon and Gerrity Oil and Gas Corporation to allow a waiver
of the 150-foot setback requirement for the well located in Tract A of the
Westridge Subdivision. If granted, the well would be moved to the southeast
of its present location, allowing it to be closer to the Weiderspon's east property
line; however, it would still be 85 feet from the closest roadway. Mr. Barker
responded to Commissioner Hall that the well would be moved further from the
residences than at present. Commissioner Hall moved to approve said waiver.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
EMERGENCY ORDINANCE NO. 181-A, IN MATTER OF EXTENDING TIME
FOR PRECAUTIONS TO BE USED BY FOOD HANDLERS: John Pickle,
Director of Health, explained the department is receiving reports of one or two
cases of Hepatitis A weekly, and that the last food service worker report was
during the week of November 28, 1994; therefore, he requested extension of
Ordinance No. 181 through the first of January. In response to questions, Mr.
Pickle explained anyone with a food service permit is on the department's
mailing list, which includes school districts. Commissioner Hall requested Mr.
Pickle also send the notice to all news media in Weld County. Mr. Pickle
explained that, although he cannot predict the course of this disease, it will most
likely let up after the holidays, since there are more congregations of people in
a social situation at this time of year. He did point out there has only been the
Minutes - December 5, 1994
Page 2
one confirmed instance of a food handler having the disease since Ordinance
No. 181 was adopted. Mr. Warden pointed out an Emergency Ordinance
requires a vote of four Commissioners to be approved. Since there are only
three members present, Commissioner Kirkmeyer moved to continue this matter
to December 7, 1994, at 9:00 a.m. Seconded by Commissioner Hall, the motion
carried unanimously.
CONSIDER RESOLUTION RE: CREATION OF WELD COUNTY BALLOT
ISSUE TITLE BOARD AND ADOPTION OF PROCEDURES FOR SETTING
TITLE ON LOCAL BALLOT ISSUES: Mr. Barker explained this is in compliance
with Section 1-40-106(2), creating a Ballot Issue Title Board to set title for ballot
issues received by petition. A request to set a ballot title was received by the
Clerk and Recorder on November 23, 1994, from John E. Hayes, on behalf of
a group of citizens wishing to initiate an amendment to the Weld County Home
Rule Charter. Mr. Barker explained the purpose of said draft resolution is to
designate a title board and to establish a procedure to be followed, allowing a
twelve-day period between receipt of a request and a hearing by the title setting
board, which is the same as allowed by the State. Commissioner Hall moved
to approve said resolution. Seconded by Commissioner Kirkmeyer, the motion
carried unanimously.
PLANNING: CONSIDER PARTIAL RELEASE OF COLLATERAL FOR SHILOH, INC., IN THE
AMOUNT OF $19,337.50: Chuck Cunliffe, Director of Planning Services,
reviewed the request from James Scott, Shiloh, Inc., for release of collateral in
the amount of$19,337.50 for the completion of telephone service, fencing, and
street signs. With $22,750.00 secured for these items, a balance of 15 percent
is retained for warranty, as provided in the collateral agreement. Mr. Scott was
present. Commissioner Hall moved to approve release of said collateral.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
RESOLUTIONS AND
ORDINANCES: The resolutions were presented and signed as listed on the consent agenda.
Emergency Ordinance No. 181-A was continued until December 7, 1994, to
meet the Home Rule Charter four-fifths vote requirement to enact an emergency
ordinance.
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 9:25 a.m.
APPROVED:
ATTEST: 444/ BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the Board & , v cua,. 1 5:pi
bster, Ch irm
By:rcr 1 G- c
Deputy Clerk to the Board - Dale K. Hall
EXCUSED
George E. Baxter
EXCUSED
Constance L. Harbert 2
, S/.41 i/L ,/b.4 en 2 t�FiS
/ Barbara J. Kirkmeyerf
Minutes - December 5, 1994
Page 3
RECORD OF PROCEEDINGS
MINUTES
BOARD OF SOCIAL SERVICES
WELD COUNTY, COLORADO
DECEMBER 5, 1994
TAPE #94-47
The Board of County Commissioners of Weld County, Colorado, met in regular
session as the Board of Social Services 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 5, 1994, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chairman and on roll call the following
members were present, constituting a quorum of the members thereof:
Commissioner W. H. Webster, Chairman
Commissioner Dale K. Hall, Pro-Tem
Commissioner George E. Baxter- EXCUSED
Commissioner Constance L. Harbert - EXCUSED
Commissioner Barbara J. Kirkmeyer
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Carol Harding
Director of Finance and Administration, Donald Warden
MINUTES: Commissioner Hall moved to approve the minutes of the Board of Social
Services meeting of November 28, 1994, as printed. Commissioner Kirkmeyer
seconded the motion, and it carried unanimously.
WARRANTS: Don Warden, Director of Finance and Administration, presented the warrants
for approval by the Board in the amount of $823,670.32. Commissioner Hall
moved to approve the warrants as presented by Mr. Warden. Commissioner
Kirkmeyer seconded the motion, which carried unanimously.
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 9:30 a.m.
//jj APPROVED:
ATTEST: �(�i/'ilea4� BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the BoardI j `rf-✓ >
/� Webster, C airm n
By: (v��'� //X-C �r�
Deputy Clerk to the Board Dale K. Hall, ro-Tem
P Y
EXCUSED
George E. Baxter
EXCUSED
Constance L. Harbert ;
� ///.-
arLibara J. Kirkmeye O
RECORD OF PROCEEDINGS
MINUTES
BALLOT ISSUE TITLE BOARD
WELD COUNTY, COLORADO
DECEMBER 5, 1994
TAPE #94-47
The Weld County Ballot Issue Title Board met in special 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 5, 1994, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chairman and on roll call the following
members were present, constituting a quorum of the members thereof:
Commissioner W. H. Webster, Chairman
Commissioner Dale K. Hall, Pro-Tem
Commissioner George E. Baxter- EXCUSED
Commissioner Constance L. Harbert - EXCUSED
Commissioner Barbara J. Kirkmeyer
Clerk and Recorder, Mary Ann Feuerstein
Also present:
County Attorney, Bruce Barker
Acting Clerk to the Board, Carol Harding
Finance and Administration Director, Don Warden
NEW BUSINESS: CONSIDER SETTING OF TITLE FOR LOCAL BALLOT ISSUE BY WELD
COUNTY BALLOT ISSUE TITLE BOARD: Bruce Barker, County Attorney,
reviewed a draft resolution setting the title of a proposed amendment to the
Weld County Home Rule Charter, which was presented to the Clerk and
Recorder on November 23, 1994, by John E. Hayes, on behalf of a group of
citizens wishing to initiate an amendment to the Charter. He stated he
conferred with Mr. Hayes by phone and faxed him a copy of the title with only
technical changes made. In response to a question from Mary Ann Feuerstein,
Mr. Barker explained it is not appropriate for this Board to approve the form of
said petition, they should only set a title. Mr. Barker read the title of the
proposed amendment: "Shall the Home Rule Charter for Weld County,
Colorado, be amended by adding a new Section 15-5 to Article XV -- Election
Required Regarding Siting of Correctional or Detention Facilities -- which
Article XV, Section 15-5 provides that, from and after the date of adoption of
this Article XV, Section 15-5, neither Weld County, nor any department, agent
or employee thereof, shall issue a certificate of occupancy to allow the
occupancy or use of, nor shall any person, corporation or entity occupy,
operate or use, any structure or building within Weld County as a correctional
facility, pre-parole facility, jail, prison or other place of incarceration, whether
or not the structure, building or facility is owned or operated as either a public
or private facility, unless and until the location and siting of such correctional
or detention facility, jail, prison, pre-parole facility or other place of
incarceration has been approved by a majority of the registered electors of
Weld County voting on such question at a regular or special election?" Mr.
Barker pointed out the issue is in the form of a question, as required by the
State, to allow a "yes" or "no" answer. After discussion among the Board
whether to allow public testimony, Marvin Hopper, one of the group presenting
the request for title, stated he is aware of the technical changes made by Mr.
Barker and has no problems with those changes. Commissioner Kirkmeyer
moved to approve the title of the proposed amendment, as read by Mr. Barker.
Seconded by Commissioner Hall, the motion carried unanimously.
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.
Lep/diet APPROVED:
ATTEST: BALLOT ISSUE TITLE BOARD
WELD COUNTY, COLORADO
Weld County Clerk to the Board cc' � y ?
H. Web ter, hai an
By: (/ J ,�
Deputy Clerk to thhh ./A
e Board Dale K. Hall, Pro- e
EXCUSED
George E. Baxter, Commissioner
EXCUSED
Co/stance L. Harbert, Commissioner
• r 24 �/i /4/PCeW,
Barbara J. Kirkmeye , Commiseoner
Mary Ann euerstein, Clerk and Recorder
Ballot Issue Title Board Minutes - December 5, 1994
Page 2
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