HomeMy WebLinkAbout931420.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 5, 1993
TAPE #93-16
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, May 5, 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:
Weld County Attorney, Bruce T. Barker
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
County Commissioners meeting of May 3, 1993, as printed.
Commissioner Kirkmeyer 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.
DEPARTMENT HEADS AND
ELECTED OFFICIALS: Mike Loustalet, Treasurer, was not present for his scheduled
report.
PUBLIC INPUT: There was no public input.
WARRANTS: Don Warden presented the following warrants for approval by the
Board:
General Fund $ 161, 765.96
Payroll Fund $ 8,931.57
Electronic Transfer:
Payroll Fund $ 63 916.68
Commissioner Webster moved to approve the warrants as presented
by Mr. Warden. Commissioner Kirkmeyer seconded the motion which
carried unanimously.
931420
BIDS: PRESENT CONSTRUCTION OF BRIDGE i/8/1.5A - ENGINEERING DEPARTMENT:
Pat Persichino, Director of General Services, read the names of
the five bidders into the record. Said bid will be considered
for approval on May 19, 1993.
PRESENT ANNUAL BUSINESS MACHINES MAINTENANCE CONTRACT FOR ALL
DEPARTMENTS: Mr. Persichino read the names of the three bidders
into the record. Said bid will be considered for approval on
May 19, 1993.
PRESENT JAIL FURNITURE IN THE WORK RELEASE AREA - SHERIFF'S
OFFICE: Mr. Persichino read the names of the three bidders into
the record. Said bid will be considered for approval on May 19,
1993.
APPROVE PAINTING PROJECT - COURTHOUSE, DISTRICT ATTORNEY'S
OFFICE FIRST AND SECOND FLOORS: Mr. Persichino stated the
Buildings and Grounds Department has recommended the approval of
the low bid. Commissioner Kirkmeyer moved to approve the bid
from Nesvik Painting in the amount of $9,880.00. Seconded by
Commissioner Hall, the motion carried unanimously.
BUSINESS:
OLD: CONSIDER APPOINTMENTS AND REAPPOINTMENTS TO BUILDING TRADES
ADVISORY COMMITTEE (HELD FROM 05/03/93) : Commissioner Webster
moved to appoint Mark Muse and Dan Gongloff, and reappoint
Anthony Belfiore, all with terms to expire April 10, 1996; and
to reappoint Jeffrey Richardson, Donald Hobart and Don New, all
with terms to expire April 10, 1995. Seconded by Commissioner
Baxter, the motion carried unanimously.
NEW: CONSIDER AGREEMENT FOR PESTICIDE MONITORING AND GENERAL
GROUNDWATER QUALITY ASSESSMENT WITH NORTH FRONT RANGE WATER
QUALITY PLANNING ASSOCIATION AND AUTHORIZE CHAIRMAN TO SIGN:
Jeannie Tacker, Health Department, explained said agreement is
for the sampling and analysis of water and testing for
pesticides in groundwater in pre-established testing wells.
Total amount of said agreement is $7,225.00. Term is January 1,
1993 through December 31, 1993. Commissioner Webster moved to
approve said agreement and authorize the Chairman to sign.
Seconded by Commissioner Baxter, the motion carried unanimously.
CONSIDER PURCHASE OF SERVICES AGREEMENT WITH NORTH COLORADO
MEDICAL CENTER, INC. , DBA NORTH COLORADO FAMILY
MEDICINE/RESIDENCY PROGRAM, AND AUTHORIZE CHAIRMAN TO SIGN: Ms.
Tacker reviewed said agreement for physician services in health
clinics. Reimbursement rate is $50.00 per hour for a minimum of
three hours for each weekly clinic. Term of said agreement is
January 1, 1993 through December 31, 1993. Commissioner Baxter
moved to approve said agreement and authorize the Chairman to
sign. Seconded by Commissioner Hall, the motion carried
unanimously.
CONSIDER CONTRACT WITH COLORADO DEPARTMENT OF HEALTH FOR
COLORADO ACTION FOR HEALTHY PEOPLE AND AUTHORIZE CHAIRMAN TO
SIGN: Ms. Tacker reviewed said contract for the peer education
program in the communities of Johnstown and Milliken. The
program will focus on teaching behavior skills to the teen
population in those communities. Total grant award will be
$10, 000.00 for the period of April 19, 1993 through April 18,
1994. Commissioner Kirkmeyer moved to approve said contract and
authorize the Chairman to sign. Seconded by Commissioner Hall,
the motion carried unanimously.
Minutes - May 5, 1993
Page 2
CONSIDER CHANGE ORDER NO. 1 WITH ADAMS LANDSCAPE CONTRACTORS AND
AUTHORIZE CHAIRMAN TO SIGN: Mr. Warden explained said change
order was necessary last fall to complete the sprinkler systems
at both the Greeley and Evans Ambulance sites. Although
authorized by the Board, it was never put on the agenda for
signature. Commissioner Baxter moved to approve said change
order and authorize the Chairman to sign. Seconded by
Commissioner Hall, the motion carried unanimously.
CONSIDER CANCELLATION OF GENERAL FUND WARRANTS IN THE AMOUNT OF
$11,575.40 FOR THE MONTH OF APRIL: Commissioner Hall moved to
approve said cancellation. Seconded by Commissioner Kirkmeyer,
the motion carried unanimously.
PLANNING: CONSIDER VACATION OF USR #233 - EDSON/WESTERN DAIRYMAN
COOPERATIVE, INC. (CAMENISCH) : Lanell Adler, Department of
Planning Services, said Special Use Permit #233 was approved for
David Camenisch in 1984 for a 750-head dairy. Ms. Adler
presented letters from Mr. and Mrs. Edson and Western Dairyman
Cooperative, Inc. , who currently have interest in the property,
requesting the permit be vacated since the dairy is no longer on
the property. Commissioner Baxter moved to approve said
vacation. Seconded by Commissioner Hall, the motion carried
unanimously.
CONSIDER VACATION OF USR #627 - WESTERN DAIRYMAN COOPERATIVE,
INC. (ZIGAN SAND AND GRAVEL) : Ms. Adler said Special Use Permit
#627 was approved for Zigan Sand and Gravel in 1984 for a sand
and gravel mine. She said the property is adjacent to the
property in the last item discussed. The present owner, Western
Dairyman Cooperative, Inc. , is requesting vacation of said
permit. A letter received from the Mined Land Reclamation
Division of the Department of Natural Resources, states that the
reclamation has been completed. Commissioner Webster moved to
approve said vacation. Seconded by Commissioner Kirkmeyer, the
motion carried unanimously.
CONSIDER VACATION OF SUP #132 - GRAND MESA EGGS (DEKALB AG
RESEARCH) : Ms. Adler said Special Use Permit #132 was approved
for DeKalb Ag Research in 1971 for an egg hatchery. Grand Mesa
Eggs, current owner, is requesting vacation of the permit since
the hatchery has not been used since 1988. Commissioner
Kirkmeyer moved to approve said vacation. Seconded by
Commissioner Baxter, the motion carried unanimously.
(Let the record reflect Lee Morrison, Assistant County Attorney,
is now attorney of record. )
CONSIDER RE #1492 - GRAND MESA EGGS, C/O OSBORNE: Ms. Adler
presented the recommendation of the Department of Planning
Services for inclusion into the record, along with five proposed
Conditions of Approval. Terry Osborne, owner of Grand Mesa
Eggs, explained his reasons for the requested exemption. He
plans to sell the 3.5-acre parcel, which currently contains a
mobile home and a large metal building. Mr. Osborne would
retain the feed mill on the 1.5-acre parcel. In response to a
question from Commissioner Hall, Mr. Osborne stated he has no
problems with the Condition of Approval as suggested by the
Division of Water Resources concerning the well. Ms. Adler
stated her preference would not be to create an outlot, but to
sign an agreement concerning ownership of the well by the lot
owners. She said staff can provide the applicant with a sample
of an agreement, but it would be the applicant's responsibility
to draft the agreement and present it to the County Attorney' s
office for approval. After discussion, Commissioner Webster
moved to approve Recorded Exemption #1492, on the condition that
the applicant draft an agreement concerning ownership and
Minutes - May 5, 1993
Page 3
maintenance of the well for approval by Planning staff, and with
the five Conditions of Approval as proposed by staff.
Commissioner Baxter seconded the motion. After further
discussion, Mr. Morrison suggested the words "located on an
outlot" be deleted from Condition of Approval 5a. In response
to questions from Commissioners Kirkmeyer and Hall, Mr. Morrison
pointed out that rezoning would need to be completed under the
PUD process; however, the smaller parcels work better under the
permit system. Any future use outside of the agricultural
zoning allowed uses would require the applicant to obtain a
Special Use Permit. Both Commissioners Webster and Baxter
agreed to amend the motion to include the deletion as suggested
by Mr. Morrison. On a roll-call vote the motion carried three
to one, with Commissioners Hall and Kirkmeyer voting against
said motion.
CONSIDER RE #1493 - BOGOTT: Ms. Adler read the recommendation
of the Department of Planning into the record, and presented six
proposed Conditions of Approval for consideration. She reviewed
the recent change from R-1 to Agricultural Zoning and the
reasons for said change. Tina Bogott, applicant, said they need
to sell the 2.7 acres along with the existing house and
outbuildings to provide the capital necessary to establish the
St. Vrain Simmental operation on the remaining acreage.
Commissioner Hall questioned the proposed access to the
property. Ms. Bogott said an additional driveway would be added
on the proposed Lot A. In response to further questioning from
Commissioner Hall, Ms. Bogott said there are currently three
accesses from their property, and it is not feasible to combine
those accesses. In discussion with Commissioner Hall, Ms.
Bogott did say they could eliminate the most northern access,
since it is seldom used. In response to a question from
Commissioner Kirkmeyer, Ms. Bogott said they plan to build the
barn and corrals this summer, with the house to be built next
summer. She also said they now have 54 head of cattle and they
plan to increase to approximately 80 head. Commissioner Webster
questioned whether or not Ms. Bogott has received the proposed
Conditions of Approval. Ms. Bogott said she has no problem with
them. Commissioner Kirkmeyer moved to approve Recorded
Exemption #1493 with the Conditions of Approval as written by
staff, along with the addition of Condition #7 stating "Prior to
issuance of a building permit for the new home on Lot B, the
applicant shall eliminate the north access on Lot A. "
Commissioner Webster seconded the motion. On a roll-call vote,
the motion carried unanimously.
CONSIDER PROBABLE CAUSE - OAKLEY (CONT. FROM 03/03/93) : Ms.
Adler read the Inspection Report dated May 2, 1993 and reviewed
the Conditions of Approval and Development Standards that are
not in compliance at this time. Judy Oakley, respondent, said
she had no statement, but she would answer any questions from
the Board. In response to a question from Chairman Harbert
concerning when the project will be completed, Ms. Oakley said
the electrical, plumbing and framing inspections have been
completed. The insulation has been purchased, although it is
not installed. Ms. Oakley said she did not know she was
required to insulate the kennel, but she is willing to comply.
Chairman Harbert questioned why she had more dogs present than
is allowed under the Permit. Ms. Oakley said when her worker
comes, he often brings one or two dogs, but they are not in the
kennel. Commissioner Kirkmeyer suggested the worker be told not
to bring his dogs along. Commissioner Kirkmeyer also commented
on the Conditions of Approval and Development Standards which
have not been complied with since 1988. She said her major area
of concern is the health violation. Ms. Oakley said the runoff
will be routed over a cement pathway instead of over the ground;
however, she has not had time to have that completed. John
Pickle, Director of Environmental Services, said that even with
Minutes - May 5, 1993
Page 4
most of the waste being picked up, when the pens are washed out
the runoff water becomes contaminated. Since the water contains
amounts of sewage, it cannot be deposited as runoff. Ms. Oakley
stated the cement drainage path will be completed by the end of
summer. In response to other questions from the Board, Ms.
Oakley said there is a personality clash between herself and Ms.
Adler, and that Ms. Adler does not treat her fairly. Chairman
Harbert stated that Ms. Oakley agreed to all the Conditions of
Approval and Development Standards when the permit was issued in
1988, and she was given two years to comply. She still has not
completed the project, and must realize some of the Conditions
and Standards have been put on the County by the State Health
Department and the Soil Conservation District. Ms. Oakley
argued that there must be some "reasonability" to the
conditions. Commissioner Kirkmeyer read each Condition and
Standard to Ms. Oakley, to make sure Ms. Oakley understands each
Condition and Standard must comply. Ms. Oakley responded that
she -will complete the project by the end of summer. Mr.
Morrison reminded Ms. Oakley that the purpose of this hearing is
to present evidence as to whether or not she is in violation of
the Conditions and Standards. If she is in dispute with the
facts presented by Planning or the Health Department, she must
bring forth evidence to support her case. If the evidence is
not presented, it cannot be considered. After further
discussion with Ms. Oakley, Commissioner Kirkmeyer moved to find
probable cause of violations as written by Department of
Planning Services' staff and schedule a Show Cause Hearing on
August 25, 1993. Commissioner Webster seconded the motion. At
the request of other Board members and Ms. Oakley, the motion
was amended to schedule the Show Cause Hearing on September 8,
1993 at 10:00 a.m. Commissioners Kirkmeyer and Webster agreed,
and the motion carried unanimously.
CONSIDER RELEASE OF CASH COLLATERAL FOR TIRE MOUNTAIN, INC. :
Mr. Morrison explained the Board previously released a letter of
credit being held against closure of the facility; however, they
requested further information before releasing the cash fund
being held by Weld County. He explained the reason for the
collateral and presented the summary of receipts as written by
Claud Hanes, Comptroller. Trevor Jiricek, Health Department,
explained he has inspected the property and all the tires are
currently in cells. He said there is one area on the north
where small tires with rims are allowed to stack up. As time
allows, the rims are removed, etc. In response to a question
from Commissioner Baxter, Mr. Jiricek said there is also an area
on the south side of the facility where they deal with unique or
large tires, until they can be resold. Commissioners Kirkmeyer
and Baxter toured the facility earlier this year. Commissioner
Webster moved to release the cash fund based on the
recommendation of the Health Department that the facility is in
compliance and all the conditions have been met, and that a copy
of this action be sent to the legal representative of Tire
Mountain, Inc. Seconded by Commissioner Kirkmeyer, 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.
Minutes - May 5, 1993
Page 5
There being no further business, this meeting was adjourned at
10:20 A.M.
APPROVED:
ATTEST: P/ ���,,',, "//�i H' BOARD OF COUNTY COMMISSIONERS
��`� An WELQ COUNTY, COLORADO
Weld County Clerk to the Board _t_.---,2371?-22/f1.--(71 6�/���/i
nn//�� Constance L. Harbert, Chairman
By: Si�/ ICI ��LC - 4H /Ai
Deputy Cl�k to the Board W. H Webster,�lPrq-Tem
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(eorge-4. Ba
Dale K. Hall
�C�) ,l�t�=-�_�<,— �f— f,/c.':'7L/r/*/L.
/Barbara J. Kirkmeyer O
Minutes - May 5, 1993
Page 6
RECORD OF PROCEEDINGS
MINUTES
BOARD OF SOCIAL SERVICES
WELD COUNTY, COLORADO
MAY 5, 1993
TAPE #93-16
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, May 5, 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, 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 May 3, 1993, as printed.
Commissioner Kirkmeyer seconded the motion, and it carried
unanimously.
WARRANTS: Carol Harding, Finance Department, presented the warrants for
approval by the Board in the amount of $188,272.85.
Commissioner Baxter moved to approve the warrants as presented
by Ms. Harding. 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
10:25 A.M.
�r APPROVED:
Y / i; ; 'ATTEST: fir
,•'jam :
1W ? BOARD OF COUNTY COMMISSIONERS
� WE COUNTY, COLORADO
Weld County Clerk to the Board i7� fite^'-��; xefi ,
�r /� } - Constance L. /Har/b�/e�rt,, Chairman
�By: Deputy C&rk to the Board W. Webst ,Po-Tem
/�7
Georg E. Ba e
Dale K. Hall
Barbara J. Kirkmeye
RECORD OF PROCEEDINGS
MINUTES
SPECIAL MEETING
HOUSING AUTHORITY
WELD COUNTY, COLORADO
MAY 5, 1993
TAPE 1193-16
The Board of County Commissioners of Weld County, Colorado, met
in special session as the Housing Authority Board 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, May 5, 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, 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 Housing
Authority Board meeting of April 26, 1993, as printed.
Commissioner Kirkmeyer seconded the motion, and it carried
unanimously.
NEW BUSINESS: CONSIDER CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT FOR HUD
SECTION 8 AND AUTHORIZE CHAIRMAN TO SIGN: Jim Sheehan, Housing
Authority, presented the HUD Section 8 Contract for a total
annual amount of $916,690.00. The term is five years.
Commissioner Hall moved to approve said contract and authorize
the Chairman to sign. Seconded by Commissioner Baxter, the
motion 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.
//////������ ///��� // APPROVED:
ATTEST: { ' 4 /9 ,/ 'Z4"tt BOARD OF COUNTY COMMISSIONERS
/��yJy°l/ // /A/ WELD ,COUNTY, COLORADO
Weld County Clerk to the Board /CPC,47;4x-,°o
Constance L. Halbert, Chairman
Deputy Clerk to the B2A.741 W. F . ,Webster, Pro- em
eorge r
'a
Dal K. allH �
ic_J r / eit
/Barbara J. Kirkmeyelr
: C.' , -it ,
�� -rig' mEmoRAnDum
WilkTo Clerk to the Board Dace April 30, 1993
Constance L. Harbert, Chairman
COLORADO From Board of County Commissioners
subject' Special Meeting - Housing Authority
Pursuant to Article 3, Section 3-11(2) , of the Weld County Home Rule
Charter and the Bylaws of the Weld County Housing Authority, I request
that you call a special meeting of the Weld County Board of Commissioners,
sitting as the Weld County Housing Authority, for 9:00 a.m. , Wednesday,
May 5, 1993, to consider approval of Consolidated Annual Contributions
Contract for HUD Section 8.
Constance L. Harber Chairman
Board of County Commissioners
I, W. H. Webster, hereby accept service of the notice of special
meeting of the Weld County Board of Commissioners, sitting as the
Weld County Housing Authority, for May 5, 1993 at 9:00 a.m. . In the
alternative, had I been served less than 24 hours prior to the
special meeting, I hereby waive notice of the meeting.
Vei/6dti-
W. H. Webster, Commissioner
I, Dale K. Hall hereby accept service of the notice of special
meeting of the Weld County Board of Commissioners, sitting as the
Weld County Housing Authority, for May 5, 1993 at 9:00 a.m. . In the
alternative, had I been served less than 24 hours prior to the
special meeting, I hereby waive notice of the meeting.
Th4t
Dale K. Hall, Comm ssioner
I, Barbara J. Kirkmeyer, hereby accept service of the notice of
special meeting of the Weld County Board of Commissioners, sitting
as the Weld County Housing Authority, for May 5, 1993 at 9:00 a.m. .
In the alternative, had I been served less than 24 hours prior to
the special meeting,` � I hereby waive notice of the meeting.
Barbara J. Kirkme er, Corwd sioner
I, Constance L. Harbert, hereby accept service of the notice of
special meeting of the Weld County Board of Commissioners, sitting
as the Weld County Housing Authority, for May 5, 1993 at 9:00 a.m. .
In the alternative, had I been served less than 24 hours prior to
thee special meeting, I hereby 6waive notice of the meeting.
Constance L. Harbert, mmissioner
I, George E. Baxter, hereby accept service of the notice of special
meeting of the Weld County Board of Commissioners, sitting as the
Weld County Housing Authority, for May 5, 1993 at 9:00 a.m. . In the
alternative, had I been served less than 24 hours prior to the
special meeting, I hereby waive notice of the meeting.
1 eorge f
Baxter, Commissioner
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