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Home My WebLink About931488.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MARCH 3, 1993 TAPE #93-07 & #93-08 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, March 3, 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, Carol Harding Finance and Administration Director, Don Warden MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board of County Commissioners meeting of March 1, 1993, as printed. Commissioner Hall seconded the motion, and it carried unanimously. ADDITIONS: There were no additions to today's agenda. CONSENT AGENDA: Commissioner Baxter moved to approve the consent agenda as printed. Commissioner Webster seconded the motion, and it carried unanimously. PUBLIC INPUT: (Each individual is allowed a three-minute period of time in which to speak. Please be aware that the Board may not be able to address your topic today; however, if they are unable to do so, the matter will either be referred to staff or scheduled for a future date. ) There was no public input. WARRANTS: Don Warden presented the following warrants for approval by the Board: General Fund $ 140,392. 14 Payroll Fund $ 7,884.95 Handwritten warrants: General Fund $ 10,000.00 Payroll Fund $ 1,309.00 Electronic transfers: Payroll Fund $ 62, 106.76 Commissioner Webster moved to approve the warrants as presented by Mr. Warden. Commissioner Kirkmeyer seconded the motion which carried unanimously. 931 488 BIDS: PRESENT 1993 SIGN MATERIALS - ROAD AND BRIDGE DEPARTMENT: Pat Persichino, Director of General Services, read the names of the fourteen bidders into the record. Said bid will be considered for approval on March 17, 1993. PRESENT FUEL - DIESEL AND UNLEADED GASOLINE, MTBE, OR ETHANOL FOR THE PERIOD OF MARCH 15, 1993 THROUGH MARCH 14, 1994 - VARIOUS LOCATIONS: Mr. Persichino read the names of the two bidders into the record. Said bid will be considered for approval on March 17, 1993. PRESENT RUBBERIZED CRACK FILLING - ROAD AND BRIDGE DEPARTMENT: Mr. Persichino read the names of the four bidders into the record. Said bid will be considered for approval on March 17, 1993. PRESENT PLACEMENT ALTERNATIVE FUNDING - SOCIAL SERVICES: Mr. Persichino read the names of the six bidders into the record. Said bid will be considered for approval on March 17, 1993. PRESENT AND REJECT OFFICE MOVE AND DEMOLITION - AMBULANCE DEPARTMENT: Mr. Persichino presented the sole bid received from Agritrack, Inc. and stated said bid was rejected since it did not meet specifications. PRESENT AND APPROVE CONTRACT FOOD SERVICES FOR THE WELD COUNTY JAIL AND THE CENTENNIAL DELICATESSEN AT THE WELD COUNTY CENTENNIAL CENTER: Mr. Persichino presented the bid from Service America. Mr. Warden explained this is the second year of a three-year contract. Therefore, it does not require a waiting period and can be approved today. Commissioner Kirkmeyer moved to approve said bid. Seconded by Commissioner Webster, the motion carried unanimously. PRESENT AND EMERGENCY APPROVE CUTTING EDGES (GRADER BLADES) - ROAD AND BRIDGE DEPARTMENT: Mr. Persichino presented the three bids received, and he stated the low bid from Ace Equipment & Supply Company is recommended by the Road and Bridge Department. Mr. Persichino stated that approximately 15% is saved by purchasing our own blades, and he said emergency approval is being requested because of a three to four week delivery schedule. Commissioner Webster moved to approve, on an emergency basis, the low bid from Ace Equipment & Supply Company in the amount of $14,514.55. Seconded by Commissioner Baxter, the motion carried unanimously. APPROVE ROAD WIDENER - ROAD AND BRIDGE DEPARTMENT: Mr. Persichino stated Road and Bridge is recommending the bid from Power Motive Corporation, since the low bid from Wagner Equipment does not meet specifications. Commissioner Kirkmeyer moved to approve the bid from Power Motive Corporation in the amount of $50,914.00. Seconded by Commissioner Baxter, the motion carried unanimously. BUSINESS: OLD: CONSIDER REQUEST TO WAIVE BID PROCEDURE AND AUTHORIZE OIL AND GAS LEASE WITH H & C COLTON COMPANY - NzSW* S34, T5N, R66W (CONT. FROM 02/17/93) : Bruce Barker, Assistant County Attorney, stated this request to lease is for a parcel of 3. 717 acres. He reviewed our procedure for parcels under five acres is to waive the bid process and use the standard lease form used by the county for all oil and gas leases. Mr. Barker advised the Board that, if they wish to change the lease form for under five acres, they should only do so after consulting with all the producers in the County. He advised the Board that he does not have the required time available at present to spend on this matter if a lengthy review is necessary. Bill Crews, representative of H & C Colton Company, said the reason for his Minutes - March 3, 1993 Page 2 request is to eliminate the royalty clause, as well as make other minor revisions. He said he met with the other operators prior to the form being revised in 1989, and he stated that a lease was approved at that time, using the revised format. Mr. Crews said the revision does not have any effect in terms of land use, and there would be no decrease in royalty. After discussion regarding the need to have input from other operators in Weld County, Mr. Crews stated the Colorado Oil and Gas Association is scheduled to meet on March 18, 1993, and a member of that association is willing to present the revised lease at that meeting in order to receive comments from representatives of the oil and gas industry. After further discussion, Mr. Crews was asked to coordinate with Mr. Barker on having the lease presented at said meeting of March 18. In response to a question from the Board, Mr. Crews stated he does not feel comfortable with waiving the bid procedure and signing a standard lease form on this parcel, and he prefers the matter be continued. Commissioner Hall moved to continue said matter to April 14, 1993 at 9:00 a.m. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. In the meantime, County Attorney's staff will obtain a list of producers and/or operators in Weld County, and a draft of the revised lease will be sent out to everyone on that list for input. (Let the record reflect that Lee Morrison, Assistant County Attorney, is now the attorney of record. ) PLANNING: CONSIDER PROBABLE CAUSE - OAKLEY (CONT. FROM 07/22/92) : Lanell Adler, Planning Department, reviewed the alleged violations concerning Special Review Permit #828, and she entered the written comments of Jeff Stoll, Health Department, into the record. Judy Oakley, property owner, explained to the Board why she has been unable to complete the dog kennel. Ms. Oakley also responded to the alleged violations presented by staff. (Changed to Tape #93-08 while Ms. Oakley was speaking. ) In response to a question from Commissioner Hall, Ms. Oakley stated the cistern was completed last fall; however, no quarterly samples of water have been taken to the Health Department since she forgot to do so. Commissioner Webster reviewed the history of the case, and expressed frustration about not being able to see this project completed. Chairman Harbert reminded Ms. Oakley that March 1 was the date she set as a completion date. Ms. Oakley explained that bad weather and lack of funds have been the main problems; however, she has only said she would try to complete it by this date. In response to Commissioner Kirkmeyer, Mr. Stoll said he is not qualified to judge when completion is likely to be accomplished; however, he sees no reason it could not be done by the end of March. (Let the record reflect that Commissioner Baxter is now excused. ) In response to a question from Chairman Harbert, Ms. Adler said in order to be in compliance, the applicant needs to meet all the kennel regulations for the Health Department, as well as complete the structure, test the cistern, and plant grass and shrubs of some type. Ms. Oakley stated the structure still to be completed is 28' X 18' . In response to Commissioner Kirkmeyer, Ms. Oakley stated she does have the funds and the manpower to complete the structure. After further discussion, Commissioner Hall moved to continue the Probable Cause Hearing to May 5, 1993 at 9:00 a.m. Seconded by Commissioner Webster, the motion carried unanimously. CONSIDER MHZP #113 - LEWIS: Ms. Adler reviewed the favorable recommendation of the Planning Department, and presented three Conditions of Approval upon which the recommendation is based. Don Hoff, representing the applicant, reviewed their reasons for requesting the Manufactured Home Permit, and he stated a modular home has been on the property for the past ten years. Ms. Adler clarified that the property was not rezoned in 1979. The zoning Minutes - March 3, 1993 Page 3 permit was granted for a mobile home in 1976, and the mobile home was replaced in 1983. Steven Janssen, Attorney for Carole and Lawrence Gerkin, surrounding property owners, explained the history of the pending lawsuit of the Subdivision Exemption previously granted for Robert and Suzan Lewis on this property. Mr. Janssen requested the Board either delay or deny the Manufactured Home Zoning Permit. Ms. Gerkin spoke in opposition to said permit. After discussion, Mr. Hoff pointed out that most of the issues raised today are not relevant to the Manufactured Home Zoning Permit. He pointed out that there has been a mobile home on this site for the past ten years. He also said the legal lot was already recognized by the Board when the Subdivision Exemption was approved, and he explained the Lewis' will use ditch water for an outside water supply. Mr. Hoff said the Lewis' are not currently using this as their principal dwelling, even though they spend the majority of their time there. He said the children were registered in this school district and have been transported by the parents since the beginning of the school year. In response to a question from Commissioner Hall, Mr. Hoff stated the Lewis' are staying with inlaws in the area at the present time. After discussion, Commissioner Webster moved to approve said permit with the conditions as stated by staff, and he said the applicant seems to be in compliance with all Planning and Health Department requirements for said permit. The motion was seconded by Commissioner Kirkmeyer. Mr. Morrison requested clarification regarding the septic system in relation to the wells. Mr. Stoll said the well is 80' from the leach field; however, an application for a variance is being processed. The normal distance required is 100' , and Mr. Stoll has issued a staff letter of approval stating he does not see any problem with the variance. The variance application is scheduled for Board of Health consideration at the end of March, and the final septic system approval is pending that action. Condition #1 includes those details clarified by Mr. Stoll. After further discussion, 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 10:25 A.M. ��G�2,� APPROVED: ATTEST: BOARD OF COUNTY COMMISSIONERS � � WEL OUNTY, COLORADO Weld County Clerk to thq, Board A �'� �� --- Constance L. Harbert, Chairman r BY: /TAM,/�il-1-4,-/-i-, �/ i',' �,��/(�� '.Deputy Clerk to the Boa W. H. Web"stelr, P o-Ter eorge . Baxter EXCUSED DATE OF APPROVA Dale K. Hall /Barbara J. Kirkmey r 4 Minutes - March 3, 1993 Page 4 RECORD OF PROCEEDINGS MINUTES BOARD OF SOCIAL SERVICES WELD COUNTY, COLORADO MARCH 3, 1993 TAPE 1193-08 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, March 3, 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, Carol Harding Finance and Administration Director, Don Warden MINUTES: Commissioner Hall moved to approve the minutes of the Board of Social Services meeting of March 1, 1993, as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. WARRANTS: Don Warden presented the warrants for approval by the Board in the amount of $33,916.59. Commissioner Kirkmeyer moved to approve the warrants as presented by Mr. Warden. Commissioner Hall 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 10:30 A.M. iilialith APPROVED: ATTEST: BOARD OF COUNTY COMMISSIONERS WEL COUNTY, COLORADO �J ' Weld County Clerk to he Board / '��i ��I/��sG' [e� Constance L. Harbert, Chairman A a ) Deputy Cl rk to t oard W. H. Webster, Pro-Tem EXCUSED George E. Baxter EXCUSED DATE OF APPROVAL Dale K. Hall /Barbara J. Kirkmeyer Hello