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Home My WebLink About931511.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JANUARY 20, 1993 TAPE #93-03 The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity with the law and bylaws of said Board at the regular place of meeting in the Weld County Centennial Center, Greeley, Colorado, January 20, 1993, 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 Constance L. Harbert, Chairman Commissioner W. H. Webster, Pro-Tem Commissioner George E. Baxter Commissioner Dale K. Hall Commissioner Barbara J. Kirkmeyer - Absent Also present: Assistant Weld County Attorney, Tom David Acting Clerk to the Board, Betty Henson Finance and Administration Director, Don Warden MINUTES: Commissioner Webster moved to approve the minutes of the Board of County Commissioners meeting of January 18, 1993, as printed. Commissioner Baxter seconded the motion, and it carried unanimously. ADDITIONS: There were no additions to today's agenda. CONSENT AGENDA: Commissioner Webster moved to approve the consent agenda as printed. Commissioner Hall seconded the motion, and it carried unanimously. DEPARTMENT HEADS AND ELECTED OFFICIALS: Don Warden, Finance and Administration Director, reported on the effect of Amendment One on the budget. He stated the Accounting Department is continuing work on the year-end closing and preparing for the 1992 audit. Payroll conversion and re- evaluation of the insurance program is being handled by the Personnel Department. Mr. Warden is continuing work on the Energy Impact Grants and the jail renovation. The Purchasing Department is forming a committee to evaluate the purchasing process. (Let the record reflect that Commissioner Kirkmeyer is now present) . Dr. Randy Gordon, Director of the Health Department, reported on the 1992/1993 influenza season, Hepatitis A, the EMS Council, First Steps Program, reorganization of clinical services, and his involvement with various state and national committees. He thanked the Commissioners for their support during 1992. WARRANTS: Don Warden presented the following warrants for approval by the Board: General Fund $186,209.67 Payroll Fund $ 6,531.34 93151 Commissioner Baxter moved to approve the warrants as presented by Mr. Warden. Commissioner Hall seconded the motion which carried unanimously. BUSINESS: NEW: CONSIDER LAW ENFORCEMENT SERVICE AGREEMENT BETWEEN SHERIFF AND TOWN OF MEAD AND AUTHORIZE CHAIRMAN TO SIGN: Kim Fliethman, Sheriff's Office, stated this is a continuing agreement with the Town of Mead, and is in its third year. There is a change in rate from $27 to $30 per hour. Commissioner Hall moved to approve said agreement and authorize the Chairman to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER THIRTEEN AGREEMENTS FOR SAMPLING AND ANALYSIS OF DRINKING WATER WITH VARIOUS ENTITIES AND AUTHORIZE CHAIRMAN TO SIGN: Jeannie Tacker, Health Department, read the names of the 13 entities into the record. She stated the fees are in accordance with Ordinance 82-N, and she recommends approval of the agreements. Ms. Tacker commented that the rates for 1993 have increased. Commissioner Hall moved to approve said agreements and authorize the Chairman to sign. Seconded by Commissioner Baxter, the motion carried unanimously. CONSIDER RESOLUTION RE: EXCHANGE OF CONTROL AND MAINTENANCE OF ROADWAYS WITH THE STATE OF COLORADO: Drew Scheltinga, County Engineer, gave a historical report on this location. The request is to accept control and maintenance responsibilities from the State of Colorado for a portion of State Highway 392 and relinquish control and maintenance responsibilities to the State for a portion of Weld County Road 49. Mr. Scheltinga stated the County would then pave that portion of State Highway 392 at an approximate cost of $100,000 per mile. People speaking in favor of the exchange were: Virginia Harvey, George Maxey, Jerry Cass, Helen Cass, Lee Rhoades, and Frank Harvey. They also expressed their concerns about the poor condition of the road, maintenance, endangerment of children and wildlife, signage, and frequent accidents. Mr. Scheltinga reviewed the process used by Weld County to pave and repair roads with heavy truck traffic. Discussion ensued regarding volume of traffic and signage. Commissioner Webster stated the exchange will be of benefit to the users and property owners on Highway 392. Commissioner Webster moved to approve said draft resolution. Seconded by Commissioner Baxter, the motion carried unanimously. Commissioner Baxter thanked the public for their appearance. CONSIDER RESOLUTION RE: COMPOSITION OF A COUNTY WIDE COMMITTEE ON DISPOSITION OF FORFEITED PROPERTY: Bruce Barker, Assistant County Attorney, stated this resolution is in accordance with State statute. Mr. Fliethman, Sheriff's Office, stated this committee is composed of three members: one member from the District Attorney's Office; one member, who is the Chairman of the Weld County Drug Task Force; and one member from the Board of Commissioners. Mr. Fliethman stated that George Ward is the Chairman of the Drug Task Force. Commissioner Hall moved to approve said draft resolution. Seconded by Commissioner Baxter, the motion carried unanimously. (Let the record reflect that Bruce Barker, Assistant County Attorney, is now the Attorney of record) . PLANNING: CONSIDER RESOLUTION RE: BUILDING CODE AND ZONING VIOLATIONS - MENDOZA, LITZENBERGER, AND ORANGE PEEL EDUCATIONAL CLINIC: Commissioner Webster moved to approve said resolution authorizing the County Attorney to proceed with legal action against Hector and Rose Mary Mendoza, Michael A. and Kathryn M. Litzenberger, and the Orange Peel Educational Clinic for Minutes - January 20, 1993 Page 2 violations of the Weld County Zoning and Building Code Ordinances. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. CONSIDER MHZP #108 - JOHN J. STAKLEY: Lanell Swanson, Planning Department, read the favorable recommendation from the Planning Services' staff. Following discussion, John Stakley, aplicant, stated the manufactured home carries the HUD seal of approval, is a newly manufactured home, and it will be an asset to the neighborhood. Ms. Swanson explained the procedure allows the applicant the choice of either submitting a petition signed by 70% of the surrounding property owners, or appearing before the Board of County Commissioners. In response to a question from Commissioner Webster, Mr. Stakley stated he agrees with the conditions presented by staff. Commissioner Webster moved to approve said permit. The motion was seconded by Commissioner Hall, and it carried unanimously. CONSIDER RE #1472 - JERALD AND KAY GREEN: Ms. Swanson read the favorable recommendation from the Planning Services' staff. She stated letters were received from the Berthoud Gun Club, Inc. , and from owners of the Daisy Lane Dairy requesting certain restrictions be placed on the plat, if approved. Ms. Swanson felt those particular notations were not appropriate. At the request of Commissioner Harbert, Ms. Swanson read the suggested conditions of approval. Jerald Green, applicant, reported that the septic system had been installed in December 1992; and, thus, it did not require an evaluation from the Health Department for this recorded exemption. Discussion was held regarding the landscaping of the property. Testimony was given by Tom Contilla, prospective purchaser, in favor of the recorded exemption. Mr. Contilla stated he has no problem with the adjacent gun club or dairy. Commissioner Kirkmeyer moved to approve said recorded exemption with conditions, per staff recommendation. Seconded by Commissioner Baxter, the motion carried unanimously. CONSIDER SE #450 - ROBERT L. AND SUZAN R. LEWIS: Ms. Swanson presented the favorable recommendation from the Planning Services' staff. Robert Lewis, applicant, explained the location of the septic tank on the property and stated he understood the Health Department requirements. Steven Janssen, attorney representing Lawrence E. and Carol Gerkin, surrounding property owners, provided historical information on the property. He commented that the requirements for filing a subdivision exemption were not complied with, and he cited excerpts from the Subdivision Ordinance. Mr. Janssen also stated that the parcel was created for financing only. When the property went into foreclosure in 1991, the unity of title was separated; therefore, it is now an illegal parcel. Suzan Lewis, applicant, gave testimony stating they are in possession of the deed and they closed on the property last week. In response to a question from Commissioner Harbert, Mr. Barker stated he did not have sufficient information at this time to give a legal opinion. Ms. Swanson said that if Mr. Gerkin's property is 35 acres or more, then it is a legal sale. Ms. Swanson explained that in 1987 when the exemption was approved for this one-half acre lot, the regulations did not require a minimum of one acre be set aside for financing purposes; however, this regulation is now in the Subdivision Ordinance. Ms. Swanson read Section 2. 1.9 of the Subdivision Ordinance, and she stated that today's focus is on a subdivision exemption and whether it should be exempt from the purpose of the definition of subdivided land. She also stated that the people affected by this exemption were notified. Commissioner Baxter moved to continue this matter to Monday, January 25, 1993 at 9:00 a.m. to allow time for research into the specific legalities. Commissioner Webster seconded the motion which carried unanimously. Minutes - January 20, 1993 Page 3 CONSIDER RE #1469 - JOHN AND LOUIS SCHMIDT: Ms. Swanson read the unfavorable recommendation from the Planning Services' staff. John and Louise Schmidt, applicant, explained the reason for their request. A recorded exemption on this parcel was approved five years ago and they are now requesting another split in order to give the five acre parcel to their son. Ms. Swanson explained the reason for the Planning Services' staff denial is a concern for the high number of existing parcels and the impact on that area. Discussion was held regarding road access and availability of water. There was no public testimony. Mr. and Mrs. Schmidt stated they understood the conditions of approval. Commissioner Hall moved to approve said recorded exemption with the conditions as presented by staff. Seconded by Commissioner Baxter, the motion carried unanimously. RESOLUTIONS AND ORDINANCES: The Resolutions were presented and signed as listed on the consent agenda. There were no Ordinances. 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 11:00 A.M. Loelleaiteh APPROVED:ATTEST: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk to the Board C t i >L Constance L. H rbert, Chairman By: Deputy Clerk `toth W. H. Webster, Pr Te Cr e— Baxte D� K.H \ a 1 /Barbara J. Kirkmeyer B Minutes - January 20, 1993 Page 4 RECORD OF PROCEEDINGS MINUTES BOARD OF SOCIAL SERVICES WELD COUNTY, COLORADO JANUARY 20, 1993 TAPE #93-03 The Board of County Commissioners of Weld County, Colorado, met in regular session as the Board of Social Services in full conformity with the law and bylaws of said Board at the regular place of meeting in the Weld County Centennial Center, Greeley, Colorado, January 20, 1993, 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 Constance L. Harbert, Chairman Commissioner W. H. Webster, Pro-Tem Commissioner George E. Baxter Commissioner Dale K. Hall Commissioner Barbara J. Kirkmeyer Also present: Assistant Weld County Attorney, Bruce Barker Acting Clerk to the Board, Betty Henson Finance and Administration Director, Don Warden MINUTES: Commissioner Hall moved to approve the minutes of the Board of Social Services meeting of January 18, 1993, as printed. Commissioner Baxter seconded the motion, and it carried unanimously. WARRANTS: Don Warden presented the warrants for approval by the Board in the amount of $65,693.39. Commissioner Baxter moved to approve the warrants as presented by Mr. Warden. Commissioner Kirkmeyer seconded the motion, which carried unanimously. NEW BUSINESS: CONSIDER REVISIONS TO NOTIFICATION OF FINANCIAL ASSISTANCE AWARD FOR PLACEMENT ALTERNATIVES COMMISSION FUNDS WITH PARTNERS AND AUTHORIZE CHAIRMAN TO SIGN: Barbara Eurich, Social Services Department, stated these revisions are a result of changes in client eligibility criteria required by the State Department of Social Services. It will provide a better understanding of the unit of service cost. The period of Revision #1 is June 1, 1992 to September 30, 1992, and the period of Revision #2 is October 1, 1992 to May 31, 1993. Commissioner Webster moved to approve said revisions and authorize the Chairman to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER REVISION TO NOTIFICATION OF FINANCIAL ASSISTANCE AWARD FOR PLACEMENT ALTERNATIVES COMMISSION FUNDS WITH WELD MENTAL HEALTH FAMILY PRESERVATION PROGRAM AND AUTHORIZE CHAIRMAN TO SIGN: Ms. Eurich stated the purpose of this revision is to clarify the definition of unit of service cost and to provide a billing form for reimbursement. The revision period is from September 1, 1992 to May 31, 1993. Commissioner Hall moved to approve said revision and authorize the Chairman to sign. Seconded by Commissioner Baxter, 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 11:05 A.M. //1�n APPROVED: /' ATTEST: ` ' �j! / /GG2 BOARD OF COUNTY COMMISSIONERS ,4&d/AtTo/ 7 �l4// WELD.COUNTY, COLORADO Weld County Clerk to the Board / �/�.� Constance L. Harbert, Chairman By: (OiJ Deputy Clerk to the Board W. H. Webster, o-Te eU . Baxter Dale K. Hall l /Barbara J. Kirkmeyer \\\ fl Minutes - January 20, 1993 Page 2 Hello