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Home My WebLink About921460.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO SEPTEMBER 9, 1992 TAPE #92-26 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, 1992, 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 George Kennedy, Chairman Commissioner Constance L. Harbert, Pro-Tem Commissioner C. W. Kirby Commissioner Gordon E. Lacy Commissioner W. H. Webster Also present: Weld County Attorney, Thomas 0. David Acting Clerk to the Board, Carol Harding Finance and Administration Director, Don Warden MINUTES: Commissioner Lacy moved to approve the minutes of the Board of County Commissioners meeting of September 2, 1992, as printed. Commissioner Harbert seconded the motion, and it carried unanimously. CERTIFICATIONS OF HEARINGS: Commissioner Lacy moved to approve the hearing conducted on September 2, 1992, as follows: 1) Special Review Permit for the expansion of a nonconforming use (excavating business) in the A (Agricultural) Zone District, William and Mary Haberkon. Commissioner Harbert seconded the motion, and it carried unanimously. ADDITIONS: There were no additions to today's agenda. CONSENT AGENDA: Commissioner Lacy moved to approve the consent agenda as printed. Commissioner Harbert seconded the motion, and it carried unanimously. DEPARTMENT HEADS AND ELECTED OFFICIALS: Dave Becker, Assistant Road and Bridge Director, gave an update on the work accomplished this year. Drew Scheltinga, County Engineer, reviewed his quarterly report. He stated the emulsion product they tested has been working well, but is more tender than the cutback material. He also stated there will be two more Local Improvement Districts to be processed this fall, one in Arrowhead Subdivision and one on Weld County Road 38 from I-25 to Weld County Road 7. WARRANTS: Don Warden presented the following warrants for approval by the Board: General Fund $1, 068, 966.25 Handwritten warrants: General Fund $ 24,449.06 Payroll Fund $ 212,500.78 921460 Commissioner Lacy moved to approve the warrants as presented by Mr. Warden. Commissioner Kirby seconded the motion which carried unanimously. BIDS: APPROVE OFFICE MOVE - GENERAL SERVICES: Pat Persichino, Director of General Services, stated St. Vrain Moving and Storage, Inc. has withdrawn their bid, thus making Ashe Moving and Storage, Inc. the low bidder. He stated all recommendations have been checked and he recommends the low bid. Commissioner Lacy moved to approve the bid from Ashe Moving and Storage, Inc. in the amount of $19, 628.63. Seconded by Commissioner Harbert, the motion carried unanimously. APPROVE REQUEST FOR PROPOSAL FOR ALTERNATIVES TO PLACEMENT OUT OF THE HOME PROGRAMS - SOCIAL SERVICES: Mr. Persichino reviewed the recommendation of the Social Services Department and PAC Board for North Colorado Psychcare in the amount of $38,678.65 and Weld Mental Health in the amount of $36, 721.35. Commissioner Kirby moved to approve said bid. Seconded by Commissioner Lacy, the motion carried unanimously. BUSINESS: NEW: CONSIDER TAX ABATEMENT PETITION FROM STANLEY AND REBECCA S. KATZ: Warren Lasell, Assessor, asked for approval of both 1991 and 1990 values. Christopher Ruff, R & N Property Consultants, represented the petitioner. Commissioner Lacy moved to approve said petition for 1991 and 1990. Seconded by Commissioner Harbert, the motion carried unanimously. CONSIDER TAX ABATEMENT PETITION FROM JOSEPH G. AND SHIRLEY J. IANELLI: Mr. Lasell explained staff adjusted the 1992 assessment. To be consistent, the 1991 assessment should be abated. Commissioner Lacy moved to approve said petition. Seconded by Commissioner Webster, the motion carried unanimously. CONSIDER TAX ABATEMENT PETITION FROM BILLY JOE AND NANCY J. TAYLOR: Mr. Lasell stated documentation has now been provided to prove agricultural usage, therefore 1990 should be abated. Commissioner Harbert moved to approve said petition. Seconded by Commissioner Webster, the motion carried unanimously. CONSIDER TAX ABATEMENT PETITION FROM ARTHUR KOLDEWAY, TRUSTEE: Mr. Lasell stated staff had not viewed said parcel in quite some time, and the value should have been adjusted in previous years. Commissioner Webster moved to approve said petition for 1990 and 1991. Seconded by Commissioner Kirby, the motion carried unanimously. CONSIDER TAX ABATEMENT PETITION FROM WAYNE N. AND MARSHA L. WOOD: Mr. Lasell stated this was improperly classified as vacant land in previous years. Commissioner Lacy moved to approve said petition for 1990 and 1991. Seconded by Commissioner Webster, the motion carried unanimously. CONSIDER TAX ABATEMENT PETITION FROM GEORGE A. AND ELAINE I. MCCORMICK: Mr. Lasell stated staff adjusted the assessment for 1992; therefore, 1991 should also be adjusted. Commissioner Lacy moved to approve said petition. Seconded by Commissioner Harbert, the motion carried unanimously. CONSIDER TAX ABATEMENT PETITION FROM DANIEL P. AND MARY C. CRONIN: Mr. Lasell stated staff adjusted the 1992 value; therefore, 1991 should be adjusted. Petitioner was represented by Pat Cronin. Commissioner Harbert moved to approve said petition. Seconded by Commissioner Webster, the motion carried unanimously. Minutes - September 9, 1992 Page 2 CONSIDER TAX ABATEMENT PETITION FROM M. H. RADETSKY: Mr. Lasell explained this parcel was bought at the tax sale, then later found to be contaminated by a gas facility previously at the same location. The petitioner paid three years worth of taxes; however, said parcel is actually of no value. Commissioner Harbert moved to abate 1990, per the Assessor's recommendation. Seconded by Commissioner Webster, the motion carried unanimously. CONSIDER TAX ABATEMENT PETITION FROM MARGARET SCHMIER: Mr. Lasell stated staff adjusted the 1992 value; therefore, 1991 should be adjusted. Commissioner Webster moved to approve said petition. Seconded by Commissioner Lacy, the motion carried unanimously. CONSIDER TAX ABATEMENT PETITION FROM ALAN L. AND DARLYNE M. RHODA: Mr. Lasell stated this parcel was improperly classified as vacant land instead of residential. Therefore, 1991 should be abated. Commissioner Kirby moved to approve said petition. Seconded by Commissioner Webster, the motion carried unanimously. Mr. Rhoda was referred to the Assessor's Office to speak to Phyllis Newby concerning the differences in the various classifications. CONSIDER TAX ABATEMENT PETITION FROM LORRAINE BURRESON: Mr. Lasell stated staff erroneously assessed improvements on this parcel. However, in discussion with legal counsel, he was advised to have this petition withdrawn and handle the correction within the Assessor's office. Said petition was withdrawn. CONSIDER TAX ABATEMENT PETITION FROM JOHN D. AND LISA F. CHARBONNEAU, ETAL: Mr. Lasell stated staff has now received verification of agricultural usage, and recommends abatement of 1991 taxes. Commissioner Lacy moved to approve said petition. Seconded by Commissioner Kirby, the motion carried unanimously. CONSIDER TAX ABATEMENT PETITION FROM POTTER SAVINGS AND LOAN: Mr. Lasell stated the 1992 value was adjusted by staff; therefore, 1991 should be adjusted. The petitioner protested in 1990; therefore, an abatement for 1990 cannot be considered. Christopher Ruff, R & N Property Consultants, represented the petitioner. Commissioner Webster moved to abate 1991 taxes. Seconded by Commissioner Kirby, the motion carried unanimously. CONSIDER TAX ABATEMENT PETITION FROM CHARLES HOBDAY: Mr. Lasell stated staff has now received proof of continued agricultural use. Commissioner Lacy moved to abate 1991 taxes. Seconded by Commissioner Webster, the motion carried unanimously. CONSIDER CANCELLATION OF GENERAL FUND WARRANTS FOR AUGUST, 1992, IN THE AMOUNT OF $100,314.28: Commissioner Lacy moved to approve said cancellation. Seconded by Commissioner Kirby, the motion carried unanimously. CONSIDER CHANGE ORDER NO. 1 WITH ACOUSTICS & INTERIORS, INC. , AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Warden explained this item, as well as the next item, is for additional work to be completed on the Centennial Development Services, Inc. project. Commissioner Harbert moved to approve said Change Order No. 1 and authorize the Chairman to sign. Seconded by Commissioner Lacy, the motion carried unanimously. (Let the record reflect that Bruce Barker, Assistant County Attorney is now the Attorney of Record. ) Minutes - September 9, 1992 Page 3 CONSIDER CHANGE ORDER NO. 2 WITH ALLEN W. STRAIGHT DRYWALL AND AUTHORIZE CHAIRMAN TO SIGN: Commissioner Harbert moved to approve Change Order No. 2 and authorize the Chairman to sign. Seconded by Commissioner Webster, the motion carried unanimously. CONSIDER ASSIGNMENT OF OIL AND GAS LEASES BETWEEN DEAN L. CUMMINS, VANGUARD EXPLORATION, INC. , AND C & F ENERGY, INC. - Ss,NE,' S1NW* S15 AND S21, T7N, R63W: Bruce Barker, Assistant County Attorney, stated legal staff has reviewed said assignment and finds it to be in order. Commissioner Webster moved to approve said assignment. Seconded by Commissioner Lacy, the motion carried unanimously. CONSIDER DIVISION ORDER TO NATIONAL COOPERATIVE REFINERY ASSOCIATION AND AUTHORIZE CHAIRMAN TO SIGN - NW,'-NEe S22, T6N, R65W: Mr. Barker said staff has reviewed said Division Order and finds it to be in order. Commissioner Lacy moved to approve said Division Order and authorize the Chairman to sign. Seconded by Commissioner Webster, the motion carried unanimously. CONSIDER VETERANS SERVICE OFFICER'S MONTHLY REPORTS FOR JUNE AND JULY, 1992, AND AUTHORIZE CHAIRMAN TO SIGN: Commissioner Lacy moved to approve said reports and authorize the Chairman to sign. Seconded by Commissioner Harbert, the motion carried unanimously. CONSIDER RESOLUTION RE: DISTRIBUTION OF BANKHEAD-JONES FUNDS FOR 1992: Mr. Warden stated these are the funds received as grazing fees, and the County has historically deducted 1% for the Colorado Counties, Inc. lobbying fee. The remainder has been equally divided between the school districts and Road and Bridge Department. Commissioner Webster moved to approve distribution using the same formula, and Commissioner Harbert seconded the motion. Commissioners Lacy and Kirby expressed concern about the school districts becoming too dependent upon these funds, when the possibility exists that they will not receive them in subsequent years. After further discussion, on a roll call vote the motion carried three to two, with Commissioners Kirby and Lacy voting against said motion. Mr. Warden was instructed to enclose a letter with the payment to the school districts informing them that the availability of these funds in the future is questionable. CONSIDER RESOLUTION RE: DISTRIBUTION OF PAYMENT IN LIEU OF TAXES (PILT) : Mr. Warden stated these are the PILT funds, distributed the same as the Bankhead-Jones funds in the preceding item of business. Commissioner Harbert moved to approve said distribution. Commissioner Webster seconded the motion which carried three to two, with Commissioners Kirby and Lacy voting against said motion. Mr. Warden was instructed to send a letter to the school districts as noted above. CONSIDER CHANGE IN CORPORATE STRUCTURE FOR METRO OIL COMPANY, INC. , DBA VICKERS #2748: Commissioner Lacy moved to approve said change. Seconded by Commissioner Harbert, the motion carried unanimously. PLANNING: CONSIDER REQUEST FROM BRAD KEIRNES, WASTE SERVICES, TO PREADVERTISE CERTIFICATE OF DESIGNATION AND SPECIAL REVIEW PERMIT FOR EAST WELD SANITARY LANDFILL: Commissioner Lacy moved to approve said request for preadvertisement. Seconded by Commissioner Webster, the motion carried unanimously. Minutes - September 9, 1992 Page -4 CONSIDER REDUCTION OF AMOUNT OF SUPPLEMENTAL PERFORMANCE GUARANTEE AND RELEASE OF EXISTING IRREVOCABLE LETTER OF CREDIT - TIRE MOUNTAIN, INC. : Keith Schuett, Department of Planning Services, said the Special Use Permit allowed for a reduction in the amount of collateral consistent with the amount of work completed. He stated Tire Mountain, Inc. is ahead of schedule in placing the tires into trenches, and feels that a reduction from $32,500 to $20,000 would be appropriate. We have received an Irrevocable Letter of Credit in the amount of $20,000 from Affiliated National Bank of Greeley. Commissioner Lacy moved to reduce the amount of the collateral required to $20,000, release the existing Irrevocable Letter of Credit for Tire Mountain, Inc. , and accept the new Irrevocable Letter of Credit. Seconded by Commissioner Harbert, 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 9:45 A.M. ' APPROVED: ATTEST: n ✓/ /1 /.21 O BOARD OF COUNTY COMMISSIONERS " U� A7 �G WELD COUNTY, COLORADO Weld County Clerk to the Board �� Ge Ken edy, Chairman By: (! L : / . ,, ti y r �/�S7O��GQ� �X � Deputy Clerk to the Board ConstanceL. Harbert, Pro Tem Co W. Kir Gor a W. Webster Minutes - September 9, 1992 Page 5 H 01 C .rl W co C HI N 0 N CV Z d 0 ON Cr) CD CO 0 N 0 U 10 0 VD 0 FO RI ON 0 M 1/4O U E • •d -S V1 ri N • UO4 CO H 6 W v} 0} <n PO ++ N N 0 N Co ON d 0 0 CT ON CO 0 Co Cr, 10 0 ONNcn ON 0 0 zl N in n O1 O' H ,Op W H CV C!)- cn co. 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H \ N 0 0 CO .3 '3 CO CO 4 lD O rc !.. en RECORD OF PROCEEDINGS MINUTES BOARD OF SOCIAL SERVICES WELD COUNTY, COLORADO SEPTEMBER 9, 1992 TAPE #92-26 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, 1992, 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 George Kennedy, Chairman Commissioner Constance L. Harbert, Pro-Tem Commissioner C. W. Kirby Commissioner Gordon E. Lacy Commissioner W. H. Webster Also present: Weld County Attorney, Bruce Barker Acting Clerk to the Board, Carol Harding Finance and Administration Director, Don Warden MINUTES: Commissioner Webster moved to approve the minutes of the Board of Social Services meeting of September 2, 1992, 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 $49,433.74. Commissioner Lacy moved to approve the warrants as presented by Mr. Warden. Commissioner Kirby 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 9:50 A.M. yr l/� APPROVED: ATTEST: i h(1/ /// L BOARD OF COUNTY COMMISSIONERS - j /V L; .,� WELD COUNTY, COLORADO Weld County Clerk to the Board GGee Ke edy, hairman (((III � By: y{ .� / I , I 2 _, e'er .. �'�'J -C��A't'B Deputy Clerk to the Board \ Constance L. Harbert, Pro-Tem C. W. Ki Gor ac —) Witj W. H. Webster Hello