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Home My WebLink About911777.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO SEPTEMBER 9, 1991 TAPE x191-25 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, September 9, 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 - Absent Commissioner Constance L. Harbert - Absent Commissioner C. W. Kirby 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 Kirby moved to approve the minutes of the Board of County Commissioners meeting of September 9, 1991, as printed. Commissioner Webster seconded the motion, and it carried unanimously. CERTIFICATIONS OF HEARINGS: Commissioner Kirby moved to approve the Certifications for the hearings conducted on September 4, 1991, as follows: 1) Create Weld County Roads 15 and 84 Local Improvement District 111991-2; 2) Change of Zone, Gerrity Oil and Gas Corporation; and 3) Special Review Permit, Weld County Fish and Wildlife. Commissioner Webster 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 Kirby seconded the motion, and it carried unanimously. (Let the record reflect that Commissioner Kennedy is now present. ) COMMISSIONER COORDINATOR REPORTS: Commissioner Kennedy reported on the status of the 911 Task Force. WARRANTS: Don Warden presented the following warrants for approval by the Board: General fund $276, 037.81 Handwritten warrants: General fund $ 357.34 Payroll $200,840.00 911777 Commissioner Kennedy moved to approve the warrants as presented by Mr. Warden. Commissioner Kirby 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. (Let the record reflect that Commissioner Harbert is now present. ) BUSINESS: NEW: CONSIDER EXPENDITURE AUTHORIZATION REQUEST FOR WELD COUNTY EDUCATION COORDINATION PLAN AND AUTHORIZE CHAIRMAN TO SIGN: Marilyn Carlino explained this request is for additional funding available due to a change made by the Governor in the allocation formula for 8% JTPA dollars. Commissioner Kirby moved to approve said Request and authorize the Chairman to sign. Seconded by Commissioner Kennedy, the motion carried unanimously. CONSIDER SWEDISH MEDICAL CENTER STUDENT AFFILIATION AGREEMENT WITH WELD COUNTY AMBULANCE AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Morrison stated this Agreement has been reviewed by Bruce Barker, Assistant County Attorney, and it is to allow Swedish Medical Center students to ride-a-long with the Weld County Ambulance personnel. Swedish accepts all liability, and Mr. Barker recommends approval of said Agreement. Commissioner Kirby moved to approve said Agreement and authorize the Chairman to sign. Seconded by Commissioner Kennedy, the motion carried unanimously. CONSIDER AGREEMENT FOR GRADING AND SNOW REMOVAL WITHIN THE BOUNDARIES OF TOWN OF WINDSOR AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Morrison stated this Agreement has also been reviewed by Mr. Barker who is recommending approval. This is basically the same Agreement as we have with other municipalities. It was moved by Commissioner Harbert to approve said Agreement and authorize the Chairman to sign. Seconded by Commissioner Kirby, the motion carried unanimously. CONSIDER NONDISCLOSURE AGREEMENT FOR WELD COUNTY AUTOMATED MUGSHOT SYSTEM WITH CITY OF GREELEY AND AUTHORIZE CHAIRMAN TO SIGN: Donn Ruby, Director of Information Services, reviewed the specifics of this Agreement. Commissioner Kirby moved to approve said Agreement and authorize the Chairman to sign. Seconded by Commissioner Kennedy, the motion carried unanimoulsy. CONSIDER SETTING SPECIAL ELECTION ON REFERENDUM AND INITIATIVE PETITIONS: Mr. Morrison reviewed his recommendation on this matter. He feels the Referendum on an Enacted Resolution is inappropriate for election, since it is an administrative act instead of a legislative act; therefore he is recommending this not be part of the election. Mr. Morrison feels the Initiative for Charter Amendment falls into the same category, but would not be as easy to defend, so therefore recommends this be included in an election. Commissioner Kirby moved to accept the draft Resolution, which declines the Referendum, sets a special election for October 29, 1991, and includes the Initiative for a Charter Amendment on the ballot. Commissioner Kennedy seconded the motion. Commissioner Webster moved to amend the motion to vote on the Referendum and Initiative separately. Commissioner Harbert seconded the motion to amend. On roll call vote, the motion to amend the motion failed four to one, with Commissioner Webster voting for the motion. On roll call vote, the motion to accept the draft Resolution passed on a four to one vote, with Commissioner Webster voting against said motion. Minutes - September 9, 1991 Page 2 CONSIDER SETTING SPECIAL ELECTION ON SALES TAX TO FINANCE ACQUISITION, CONSTRUCTION AND RENOVATION FOR OFFICES WITHIN ONE-HALF MILE OF COURTHOUSE: Mr. Morrison has also completed a draft Resolution on this matter, to be included on the special election ballot if the Board so desires. This allows a maximum of $6.5 million in sales tax to be used for the acquisition, construction, and renovation of office facilities within one-half mile of the Courthouse. The tax would not go into effect if the Initiative for Charter Amendment fails. Mr. Warden explained this amount allows $1.3-$1.5 million per block for acquisition, then demolition and construction. In 1995 there would be a tax rebate if the actual cost is less than what is collected. In answer to a question from Commissioner Harbert, he stated the one-half cent tax over a two year period allows sufficient cash flow for the County, and would have less impact on the taxpayers than a one cent tax over a one year period. Commissioner Harbert asked whether the $6.5 million would be adequate, since she expects the value of downtown property to increase sharply if the Initiative passes. Commissioner Webster stated this seems like a very nebulous figure, and he does not feel the Board can simply guess the cost of obtaining buildings. He would like to see County and City staff members meet with various property owners in an attempt to more closely pinpoint the total amount of money needed. Commissioner Kirby stated that, even though he agrees the figure is nebulous, he feels all the uncertainty is on the low side and the $6.5 million will have to be supplemented by General Fund dollars. Commissioner Kennedy reminded the Board they have received several letters stating the property owners are not willing to sell at any cost. After discussion, Commissioner Kirby moved to approve the draft Resolution including the County Sales Tax on the October 29, 1991 special election ballot. Commissioner Kennedy seconded the motion. Chairman Lacy stated he also feels this amount will be on the low side. On roll call vote, the motion carried four to one, with Commissioner Webster voting against said motion. CONSIDER HOLDING SPECIAL ELECTION BY MAIL BALLOT: Mr. Morrsion explained that State law allows mail ballots for non-partisan elections, effective January, 1991, and Mary Ann Feuerstein, Weld County Clerk and Recorder, has received initial approval from the Secretary of State's Office for this special election. Ms. Feuerstein stated she feels this will cost approximately $25, 000 over a regular election. The savings is found in the cost of the judges, polling places, and delivery of ballots to the Centennial Center. The trade-off of costs is in the cost of postage for the ballots. In answer to Commissioner Webster's questions she stated State law does not allow return postage to be paid by the County, and Gilpin County is the only other County to have used this process, although several other counties are in the process of doing so. Commissioner Webster then asked her to explain how the election is validated. Ms. Feuerstein explained the secrecy envelope has a self-purgery statement and requires a name and birthdate. Each envelope is numbered going out and each number is assigned to a voter. Therefore, the name, birthdate, and number assigned to that voter must all match in order to be validated. This allows an audit trail which can be followed. Commissioner Kirby asked what the dates are regarding the mail outs and when ballots are due back in the Election Department. Voters may register until October 4, 1991. The ballots will be mailed on October 4, 1991 through October 14, 1991. They must be returned to the Election Department by 5:00 p.m. on October 29, 1991. Counting of ballots will begin at 5:00 p.m. on October 29, 1991. Commissioner Webster moved to approve holding the special election on October 29, 1991 by mail ballot. Commissioner Harbert seconded the motion, which carried unanimously. Minutes - September 9, 1991 Page 3 CONSIDER RENEWAL OF 3.22 BEER LICENSE FOR JOHN M. SNOW, DBA THE CORNERSTOP: Chairman Lacy said he has received a note from the Sheriff's Office indicating they have no violations listed for The Cornerstop. Commissioner Kennedy moved to approve said renewal. Seconded by Commissioner Kirby, the motion carried unanimously. CONSIDER TEMPORARY CLOSURE OF WELD COUNTY ROAD 57 BETWEEN WELD COUNTY ROAD 70 AND HIGHWAY 392: Commissioner Kennedy moved to approve staff recommendation on said closure. Seconded by Commissioner Kirby, the motion carried unanimously. CONSIDER CANCELLATION OF GENERAL WARRANTS FOR THE MONTH OF AUGUST, 1991, IN THE AMOUNT OF $10,957.84: Commissioner Harbert moved to approve cancellation of said warrants. Seconded by Commissioner Kirby, the motion carried unanimously. CONSIDER CANCELLATION OF UNCOLLECTIBLE AMBULANCE ACCOUNTS IN THE AMOUNT OF $27,254.67: Commissioner Harbert moved to cancel said uncollectible accounts. Seconded by Commissioner Kirby, the motion carried unanimously. CONSIDER RELEASE OF COMPLIANCE SECURITY AND AUTHORIZE CHAIRMAN TO SIGN - TOWER ENERGY CORPORATION: Mr. Morrison explained this is in regards to a Use by Special Review Permit, under which security was required for oil and gas activities. Partial releases have been given on this security, and Tower Energy is now asking for a full release, especially since the wells have been sold to Basin Exploration, Inc. Mr. Morrsion stated that current law does not allow the County jurisdiction over oil and gas activities, and he is recommending release of the Compliance Security. Commissioner Kennedy moved to release said Security. Seconded by Commissioner Kirby, the motion carried unanimously. CONSIDER INTERGOVERNMENTAL MUTUAL AID AGREEMENT WITH GREELEY POLICE DEPARTMENT AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Morrison explained that Jan Allison, Assistant County Attorney, has reviewed this Agreement and is recommending approval. It is the standard agreement used for municipalities. Commissioner Kennedy moved to approve said Agreement and authorize the Chairman to sign. Seconded by Commissioner Kirby, the motion carried unanimously. PLANNING: CONSIDER RESOLUTION RE: VIOLATIONS OF THE ZONING AND BUILDING CODE ORDINANCES - CUMMINS, LIDDICOAT, OTESA MOBILE HOME PARK AND MARTINEZ, JUNGLAS AND RUCKER, MILLER, LANGLEY, BALDWIN, HERSON, WINDSOR GAS, VICTOR, WILLIAMS, MILLER, MCQUEARY, WHISTON, GROVES, OTESA MOBILE HOME PARK AND COUNTRY ESTATES MOBILE HOME PARK, HAYWORTH, AND ZIELISKO: Commissioner Webster moved to approve this Resolution authorizing the County Attorney to proceed with legal action against Laurin and Gloria Liddicoat, Otesa Mobile Home Park and LeRoy and Darlene Martinez, Otesa Mobile Home Park, Vincent G. and Irene A. Junglas and Junita Rucker, Cecil S. and Michele J. Miller, Donald Sherwood and Pearl L. Langley, Robert and Helen Baldwin, Edward A. and Carol L. Herson, Windsor Gas, Bruce M. and Julia A. Victor, Byron Williams, Dale R. and Starlee J. Miller, William and Anne McQueary, Bob and Cheryl Whiston, Terry and Brenda Groves, Otesa Mobile Home Park and Country Estates Mobile Home Park, Rena Hayworth, Mike and Nichole Zielisko, and Charles and Melvin Cummins, for violations of the Weld County Zoning and Building Code Ordinances. Commissioner Kirby seconded the motion, and it carried unanimously. Minutes - September 9, 1991 Page 4 CONSIDER PROBABLE CAUSE - OAKLEY (2/27/91) : Lanell Swanson, Department of Planning Services, read a list of violations, as determined by staff. Wes Potter, Environmental Protection Services, stated his staff conducted an inspection last week and agrees with the determination of Planning staff. The approved structure is not completed. Judy Oakley, owner, explained the reasons for her continued violation of Use by Special Review Permit #828. Commissioner Kirby expressed his concerns about the cistern not being installed, since this is a health violation, not a planning violation. Chairman Lacy stated that since the Board is aware of the problems surrounding the completion of the buildings, and is in a position of trying to work with Ms. Oakley, Ms. Swanson and Mr. Potter are hereby directed to meet with Ms. Oakley to set up a plan that is reasonable for both sides to establish when the various conditions can be met. In answer to Commissioner Kirby's question about the progress on the building, Ms. Oakley stated that 40' of the building has been completed. There is another 80' to be done. Also in response to Commissioner Kirby's question, Ms. Swanson stated the weeds are less than one foot high. Commissioner Kirby moved to continue the Probable Cause hearing to 9:00 a.m. on October 2, 1991 and direct staff to work on a plan with Ms. Oakley. Seconded by Commissioner Kennedy, 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 10:00 A.M. �� APPROVED: ATTEST: kgcuti? BOARD OF COUNTY COMMISSIONERS WELD COUNTY CO ORADO Weld County Clerk to the Board Gord cy rman By: Tr ��`�� — ---� Deputy Clerk to the Board George Ken dy, Pro-Tem (1g2212..!0.-A4:_e_-J Constance L. Harbert r� y/e, / C. W. Kirby b ! W 2)?K1) ;Cl_ W. H. Webster Minutes - September 9, 1991 Page 5 RECORD OF PROCEEDINGS MINUTES BOARD OF SOCIAL SERVICES WELD COUNTY, COLORADO SEPTEMBER 9, 1991 TAPE 1191-25 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, September 9, 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 - Absent Commissioner C. W. Kirby 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 September 9, 1991, as printed. Commissioner Kirby seconded the motion, and it carried unanimously. WARRANTS: Don Warden presented the warrants for approval by the Board in the amount of $30,455.63. Commissioner Webster moved to approve the warrants as presented by Mr. Warden. Commissioner Kennedy 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. te"617 APPROVED: ATTEST: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, C ORADO Weld County Clerk to the Board //// , Gord y irman By: / 'nl(,40 �� — n7-r-lt Deputy Clerk to the Board George Kenne , Pr S Tem EXCUSED Constance L. Harbert C. 11/041,60/q1° W. H. Webster Hello