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Home My WebLink About911677 RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO AUGUST 14, 1991 TAPE #91-22 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, August 14, 1991, 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 Gordon E. Lacy, Chairman Commissioner George Kennedy, Pro-Tem Commissioner Constance L. Harbert Commissioner C. W. Kirby - Excused Commissioner W. H. Webster Also present: Assistant Weld County Attorney, Lee Morrison Acting Clerk to the Board, Carol Harding Finance and Administration Director, Don Warden MINUTES: Commissioner Kennedy moved to approve the minutes of the Board of County Commissioners meeting of August 12, 1991, as printed. Commissioner Harbert seconded the motion, and it carried unanimously. CERTIFICATIONS OF HEARINGS: Commissioner Kennedy moved to approve the Certifications for the hearings conducted July 18 through August 9, 1991, as follows: Board of Equalization. Commissioner Harbert seconded the motion, and it carried unanimously. ADDITIONS: There were no additions to today's agenda. CONSENT AGENDA: Commissioner Kennedy moved to approve the consent agenda as printed. Commissioner Harbert seconded the motion, and it carried unanimously. DEPARTMENT HEADS AND ELECTED OFFICIALS: Mike Loustalet, County Treasurer, reported they are approximately 39 behind in collections, which is standard across the State. WARRANTS: Don Warden presented the following warrants for approval by the Board: General fund $578, 779.57 Commissioner Webster moved to approve the warrants as presented by Mr. Warden. Commissioner Kennedy seconded the motion which carried unanimously. Let the record reflect that a recess was taken at this time to allow the Board to convene as the Board of Social Services. BIDS: PRESENT AND APPROVE CONCRETE/BALLFIELDS FOR KIDS - FINANCE DEPARTMENT: Mr. Warden read the two bids received from Dumar Contractors, Inc. and General Concrete Contractors. He asked for emergency approval of the low bid submitted by Dumar Contractors, Inc. It was so moved by Commissioner Webster. Commissioner Harbert seconded the motion, which carried unanimously. 911677 CC Acct, N d , G t R CA , En9 , Pecs Non, Shen ff e o Adorns PRESENT AND APPROVE FINE GRADING-SEEDING/BALLFIELDS FOR KIDS - FINANCE DEPARTMENT: Mr. Warden read the names of the five bidders into the record, and asked this be held over until Monday to allow staff time for review. Commissioner Kennedy moved to hold this bid over until Monday, August 19, 1991. Commissioner Harbert seconded the motion, which carried unanimously. PRESENT COUNTY AUDIT SERVICES - ACCOUNTING DEPARTMENT: Mr. Warden read the names of the five firms who submitted bids. The apparent low bidder is Anderson & Whitney. This bid will be submitted for approval on August 28, 1991. BUSINESS: OLD: Chairman Lacy stated that Items #1 and ill will be considered together. CONSIDER REQUEST OF RESOLUTION TRUST CORPORATION FOR EXTENSION OF TIME TO TAKE TAX DEED - SKIES UNLIMITED (CONT. FROM 8/12/91) ; AND CONSIDER INTERGOVERNMENTAL AGREEMENT WITH TOWN OF ERIE AND AUTHORIZE CHAIRMAN TO SIGN (CONT. FROM 8/12/91) : Laura Ditges, Attorney representing Resolution Trust Corporation (RTC) stated the RTC Board met yesterday, but is delaying a decision on paying the taxes until the Board of Commissioners acts upon the request for an extension of time. Mr. Morrison stated that other parties could also buy the Certificate prior to Friday if the extension is not granted. Scott Hahn, Erie's Town Administrator, said that, although the grant has not been approved, the Town of Erie has no problem with the Intergovernmental Agreement. Mr. Morrison reiterated his opinion that the language should remain in, which describes the conveyance to be a bargain sale deed without covenants of warranty. If the agreement with the Town of Erie is approved, the Certificate can be redeemed prior to Friday by any interested party. Erie also has the option of backing out of the agreement if there seems to be a problem with the Deed, etc. Chairman Lacy asked if there was anyone in the audience who wished to speak regarding this matter. Tom Pierce, Skies Unlimited, said they are making every effort to sell and would appreciate being allowed the extension in order to sell the property. Babette Andre, realtor, stated she was in support of the extension in order to let the market forces work, and thus leave the property on the taxroll. In response to questions from the Board, Mr. Morrison stated that Item of Business ill, the Request of Resolution Trust Corporation for Extension of Time to Take Tax Deed - Skies Unlimited, delays the issuance of the Deed. It, in effect, gives everyone additional time. After discussion, Commissioner Webster moved to approve the 30-day extension. Commissioner Kennedy seconded the motion. After discussion, the motion was amended to extend to the September 11, 1991 Board of Commissioners' meeting, with the Deed issuance being September 13, 1991 at 2:00 P.M. Commissioners Webster and Kennedy agreed with the amendment. On roll call, the motion failed with Commissioners Harbert and Webster voting yes and Commissioners Kennedy and Lacy voting no. Mr. Morrison explained that to reconsider the motion, one of the Commissioners who voted against it would have to move to have it reconsidered. Chairman Lacy asked Mike Loustalet, County Treasurer, what his opinion was on this matter. Mr. Loustalet stated that he usually operates "by the book", and therefore he would like the Deed to be issued on Friday. In answer to a question from Commissioner Harbert, he stated that payments are not provided for by Statute. Minutes - August 14, 1991 Page 2 Insofar as Item of Business 112, Consider Intergovernmental Agreement with Town of Erie and Authorize Chairman to Sign is concerned, Commissioner Kennedy moved to approve said Agreement with the changes mentioned earlier by Mr. Morrison. Commissioner Lacy seconded the motion. On roll call vote, the motion failed with Commissioners Harbert and Kennedy voting yes and Commissioners Webster and Lacy voting no. During further discussion, Mr. Morrison pointed out that the result of no action today on either item of business could result in the County holding a deed to the airport on Friday, and that there is no contingency plan in case that should occur. It was decided to move these two items to the end of the agenda in order to allow Mr. Warden time to locate Commissioner Kirby at his conference, who would thus become a tie-breaking vote. NEW: CONSIDER INSTALLATION OF "NO PARKING" AND "NO TRUCKS OVER 10,000 LBS EMPTY WEIGHT" SIGNS WITHIN HILL-N-PARK SUBDIVISION: Drew Scheltinga, County Engineer, explained this is a result of a meeting which Commissioner Harbert and he attended with the residents of Hill 'N Park. A long-time problem has been large trucks parking in a residential area, where the streets are not prepared for high weights, etc. The most viable solution appears to be posting of "No Parking" and "No Trucks Over 10, 000 Lbs Empty Weight" signs. Mr. Scheltinga gave the locations he is recommending for each sign. Commissioner Harbert stated she thought it was to be "No Truck Parking" instead of "No Parking". Mr. Scheltinga said it would probably be safe to use the same sign "No Trucks Over 10, 000 Lbs Empty Weight" in all locations. Commissioner Kennedy moved to approve said installation. Commissioner Harbert seconded the motion, which carried unanimously. CONSIDER VETERANS SERVICE OFFICER'S MONTHLY REPORTS AND AUTHORIZE CHAIRMAN TO SIGN - MAY, JUNE, AND JULY, 1991: Commissioner Kennedy moved to approve said Reports. Seconded by Commissioner Webster, the motion carried unanimously. PLANNING: CONSIDER RESOLUTION RE: VIOLATIONS OF THE BUILDING CODE ORDINANCE - ASSOCIATED NATURAL GAS, INC. , WENZEL, MARTIN EXPLORATION, AND AMOCO PRODUCTION COMPANY: Commissioner Kennedy moved to approve this Resolution authorizing the County Attorney to proceed with legal action against Associated Natural Gas, Inc. , Samuel Wenzel, Martin Exploration, and Amoco Production Company for violations of the Weld County Building Code Ordinance. Commissioner Webster seconded the motion, and it carried unanimously. A recess was taken until 10:00 A.M. to allow Commissioner Kirby time to return for the two pending items of business. (Let the record show that all five Commissioners are now present. ) CONSIDER REQUEST OF RESOLUTION TRUST CORPORATION FOR EXTENSION OF TIME TO TAKE TAX DEED - SKIES UNLIMITED; AND CONSIDER INTERGOVERNMENTAL AGREEMENT WITH TOWN OF ERIE AND AUTHORIZE CHAIRMAN TO SIGN: Commissioner Kirby questioned Mr. Morrison about the contract concerns and whether or not they had been resolved. Mr. Morrison stated he would prefer the wording to be left in. In answer to a question from Chairman Lacy, Mr. Morrison stated that if both items of business are defeated, the normal procedure continues, and the issuance of the Deed will occur on Friday unless someone purchases the Certificate. If no one buys the Certificate, the County then holds the Deed to the airport. Chairman Lacy, having voted against Item 111, asked to reconsider the motion to grant the request of RTC for an extension of time to the September 11, 1991 Board of Minutes - August 14, 1991 Page 3 Commissioners meeting, with the issuance of the Deed being set for September 13, 1991 at 2:00 P.M. Commissioner Harbert seconded the motion and on roll call vote, it was defeated with Commissioners Harbert and Webster voting yes and Commissioners Kirby, Kennedy, and Lacy voting no. Commissioner Webster moved to reconsider Item #2 regarding the Intergovernmental Agreement with the Town of Erie. Commissioner Kennedy seconded the motion. On roll call vote the motion carried, with Commissioners Kirby, Harbert, and Kennedy voting yes, and Commissioners Webster and Lacy voting no. The motion was then made by Commissioner Kennedy to approve the Intergovernmental Agreement with the Town of Erie, with the changes as stated by Mr. Morrison earlier in the meeting. On roll call vote, the motion carried with Commissioners Kirby, Harbert, and Kennedy voting in favor of the motion, and Commissioners Webster and Lacy voting against the motion. RESOLUTIONS AND ORDINANCES: The Resolutions were presented and signed as listed on the consent agenda. Ordinance Number 119-I was approved on first reading in a hearing scheduled for 10:00 A.M. today. 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 10:15 A.M. Ada4417 APPROVED: ATTEST: � BOARD OF COUNTY COMMISSIONERS WELD COUN , OLORADO Weld County Clerk to the Board Gor n a , airman BY il�vt _ Depu y Clerk to the o rd George Kenn y, Pro-Tem EXCUSED DATE OF APPROVAL Constance L. Harbert EXCUSED C. W. Kirby W. H. We ster Minutes - August 14, 1991 Page 4 RECORD OF PROCEEDINGS MINUTES BOARD OF SOCIAL SERVICES WELD COUNTY, COLORADO AUGUST 14, 1991 TAPE 491-22 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, August 14, 1991, 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 Gordon E. Lacy, Chairman Commissioner George Kennedy, Pro-Tem Commissioner Constance L. Harbert Commissioner C. W. Kirby - Excused Commissioner W. H. Webster Also present: Assistant Weld County Attorney, Lee Morrison Acting Clerk to the Board, Carol Harding Finance and Administration Director, Don Warden MINUTES: Commissioner Kennedy moved to approve the minutes of the Board of Social Services meeting of August 12, 1991, as printed. Commissioner Harbert seconded the motion, and it carried unanimously. WARRANTS: Don Warden presented the warrants for approval by the Board in the amount of $17, 433.52. Commissioner Kennedy moved to approve the warrants as presented by Mr. Warden. Commissioner Webster 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 9:05 A.M. APPROVED: ATTEST: /✓ �aah BOARD OF COUNTY COMMISSIONERS WELD CO TY COLORADO Weld County Clerk to the Board G don le airman rman By, ((/ ( (--ct Deputy Clerk to Ibe`bard George Kennedy, Pro-Tem EXCUSED DATE OF APPROVAL Constance L. Harbert EXCUSED C. W. Kirby /9 _/�/ l W. H. Webster ce- SS ) Acu , Aud Hello