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HomeMy WebLinkAbout931404.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JUNE 7, 1993 TAPE #93-20 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, June 7, 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 - Excused Commissioner Dale K. Hall Commissioner Barbara J. Kirkmeyer Also present: Assistant Weld County Attorney, Lee Morrison Acting Clerk to the Board, Shelly Miller Finance and Administration Director, Don Warden MINUTES: Commissioner Webster moved to approve the minutes of the Board of County Commissioners meeting of June 2, 1993, as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. CERTIFICATIONS OF HEARINGS: Commissioner Kirkmeyer moved to approve the hearing conducted on June 2, 1993, as follows: Special Review Permit for an agricultural service establishment (pickle processing facility) in the A (Agricultural) Zone District, Lynn Fagerberg (cont. from 05/26/93) . Commissioner Webster seconded the motion, and it carried unanimously. ADDITIONS: There were no additions to today's 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 today. WARRANTS: Don Warden presented the following warrants for approval by the Board: General Fund $ 399,348.24 Handwritten warrants: Payroll Fund $ 231,007.86 Commissioner Hall moved to approve the warrants as presented by Mr. Warden. Commissioner Kirkmeyer seconded the motion, which carried unanimously. 9314C4 BUSINESS: NEW: CONSIDER NON-FINANCIAL AGREEMENT BETWEEN THE HEALTH DEPARTMENT AND COLORADO STATE UNIVERSITY AND AUTHORIZE CHAIRMAN TO SIGN: Jeannie Tacker, Health Department representative, said this agreement outlines the responsibilities of the interns and work study students. The term of said agreement is from June 1, 1993, through December 31, 1994. In response to a question from Commissioner Webster, Ms. Tacker said this agreement is similar to the past four years. Commissioner Webster moved to approve said agreement and authorize the Chairman to sign. The motion was seconded by Commissioner Hall and carried unanimously. CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES IN ARISTOCRAT RANCHETTES: Drew Scheltinga, County Engineer, said this request is a follow-up to his memo dated May 13, 1993. He said there have been numerous complaints regarding accidents at intersections in Aristocrat Ranchettes. He said upon investigation, it was determined "30 MPH Speed Limit" signs should be placed on Morris Avenue, Dale Avenue, Nancy Avenue, Caroline Avenue, Mary Avenue, Lamb Avenue, Coleman Avenue, Good Avenue, Harold Street, Richard Street, Henry Street, Hart Street, Woodruff Street, and Patrick Street. Commissioner Kirkmeyer moved to approve installation of said traffic control devices, and Commissioner Hall seconded the motion. In response a question from Chairman Harbert, Mr. Scheltinga said the bottom-line issue is enforcement. He said an average of eight to fourteen accidents per year occur in Aristocrats, which is not extremely high; however, citations are more justifiable with speed limit signs in place. The Sheriff's Office and the State Patrol both have jurisdiction. Commissioner Kirkmeyer commented that she has talked with Sheriff Jordan about this situation and will let him know the signs are now installed. The motion carried unanimously. CONSIDER TEMPORARY CLOSURE OF WELD COUNTY ROAD 28 BETWEEN WELD COUNTY ROADS 5 AND 7: Commissioner Hall moved to approve said closure, and Commissioner Webster seconded the motion. It carried unanimously. CONSIDER CANCELLATION OF GENERAL FUND WARRANTS FOR MAY 1993, IN THE AMOUNT OF $1,033.76: Commissioner Hall moved to approve said cancellation. The motion, seconded by Commissioner Kirkmeyer, carried unanimously. CONSIDER CANCELLATION OF PAYROLL WARRANTS FOR JANUARY, FEBRUARY, MARCH, AND MAY, 1993, IN THE AMOUNTS OF $3,250.35, $0.01, $157.64, AND $92.24, RESPECTIVELY: Commissioner Kirkmeyer moved to approve said cancellations, and Commissioner Webster seconded the motion. The motion carried unanimously. PLANNING: CONSIDER RECONSIDERATION OF FORM OF RESOLUTION DATED APRIL 5, 1993, REGARDING PROBABLE CAUSE HEARING FOR CENTRAL WELD/ GREELEY-MILLIKEN LANDFILL - WASTE SERVICES/WASTE MANAGEMENT: Lee Morrison, Assistant County Attorney, explained following signature of the April 5, 1993, Resolution, a number of comments were received regarding its form. He noted, pursuant to the notice, only written arguments will be accepted. Mr. Morrison said the resolution did not properly reflect the vote, since Commissioner Hall voted nay. He entered into the record the reasons for reconsideration of Gregory Hobbs, Attorney for Ashton-Daniels Neighborhood Association, and the arguments of Arthur Roy, Attorney for Waste Management. Mr. Morrison said the underlying issue is whether all four staff comments should have been included in said resolution. Commissioner Kirkmeyer said her concern is that in the resolution it appears only Condition of Approval #1 is not in compliance, and she thought all four issues should have been included. Chairman Harbert concurred. Mr. Morrison explained the Board could, by motion, include in the resolution the four issues identified by staff. He questioned whether the Board still wanted to include Condition of Approval II1 in said resolution. After discussion, Commissioner Kirkmeyer moved to add the four issues Minutes - June 7, 1993 Page 2 identified by staff and to leave Condition of Approval #1 in said resolution. Commissioner Hall said he would second said motion as long as it included his nay vote. Commissioner Kirkmeyer agreed to amend said motion to include such, and the motion carried unanimously. The four issues concern engineering, discharge permits, groundwater, and contact with groundwater. Mr. Morrison said there is also the issue of who is classified as parties in the action. He explained the way the rules are written today, the permit holder, Health staff, and Planning staff are the only parties that can cross-examine. A neighborhood association would not be a party which would be allowed to cross-examine. In reference to new issues, Mr. Morrison said he agrees with Mr. Roy that any new issues would need to be considered at a separate probable cause hearing and could then be added to the show cause hearing. Mr. Warden asked Mr. Morrison to work with the Clerk to the Board's Office on the amended resolution. Mr. Morrison stated the language from John Pickle's memo dated March 30, 1993, would need to be included in said amended resolution. After discussion, Mr. Morrison clarified that public testimony and evidence may be submitted by the neighborhood association, but no cross-examination may occur. Mr. Hobbs requested the word "parties" in the fifth paragraph of the original resolution be changed to the word "persons". Mr. Roy voiced his arguments to Mr. Hobbs request. After discussion, Mr. Morrison clarified the proceedings are governed by the rules of the Administrative Manual, and to add the Certificate of Designation to the show cause hearing, another probable cause hearing would have to be held. Commissioner Kirkmeyer moved to change the word "parties" in the fifth paragraph of the original resolution to the word "persons". Commissioner Webster seconded the motion. On behalf of Commissioner Hall, Mr. Morrison clarified the evidence still has to pertain to the issues, and the scope will not be broadened. 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 9:35 A.M. APPROVED: ATTEST: LIfka BOARD OF COUNTY COMMISSIONERS WEL �� COUNTY, COLORADO Weld County Clerk to the Board �L?d/ c ems, f //,/ consty/ance L. Har ert, Chairman BY: A6/�/y `�'L"��1-12-"` 4) J � Deputy Cldrk to the Board W. H. Webster, Pro- EXCUSED George E. Baxter Dale K. Hall arbara J. Kirkmey Minutes - June 7, 1993 Page 3 RECORD OF PROCEEDINGS MINUTES BOARD OF SOCIAL SERVICES WELD COUNTY, COLORADO JUNE 7, 1993 TAPE #93-20 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, June 7, 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 - Excused Commissioner Dale K. Hall Commissioner Barbara J. Kirkmeyer Also present: Assistant Weld County Attorney, Lee Morrison Acting Clerk to the Board, Shelly Miller Finance and Administration Director, Don Warden MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board of Social Services meeting of June 2, 1993, as printed. Commissioner Webster seconded the motion, and it carried unanimously. WARRANTS: Don Warden presented the warrants for approval by the Board in the amount of $280,838.51. Commissioner Webster moved to approve the warrants as presented by Mr. Warden. Commissioner Hall seconded the motion, which carried unanimously. NEW BUSINESS: CONSIDER COMMUNITY FOOD AND NUTRITION PROGRAM 1993 APPLICATION TO COLORADO DEPARTMENT OF LOCAL AFFAIRS AND AUTHORIZE CHAIRMAN TO SIGN: Jim Sheehan, Social Services representative, said the State has $3, 650 reserved to contract with the Weld Food Bank. He said this program has been done for three or four years and has worked quite well. Commissioner Webster moved to approve said application and authorize the Chairman to sign. The motion, seconded by Commissioner Kirkmeyer, carried unanimously. CONSIDER CONTRACT AMENDMENT WITH GREELEY TRANSITIONAL HOUSE AND AUTHORIZE CHAIRMAN TOSIGN: Mr. Sheehan said this amendment is for an additional $1,000 to the State Division of Housing Contract signed last July. He said the funds need to be committed by June 30. In response to a question from Commissioner Hall, Mr. Sheehan said this is an Emergency Shelter Grant; therefore, the funds are actually Federal. Commissioner Hall moved to approve said amendment and authorize the Chairman to sign. The motion was seconded by Commissioner Kirkmeyer and 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 9:40 A.M. APPROVED: ATTEST: flayklain BOARD OF COUNTY COMMISSIONERS WEL COUNTY, COLORADO Weld County Clerk to the Board .al41 —X�?J Constance L. Ha bert, Chairman BY:��ut 1 �[c the L Board iA, Deputy C er o BoW. Pro-II"eem EXCUSED Ggorge E. Baxte caz Dale K. Hall v / k a ra J. Kirkmeyer Minutes - June 7, 1993 Page 2 Hello