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Home My WebLink About941438.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO FEBRUARY 14, 1994 TAPE #94-08 & #94-09 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, February 14, 1994, 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 W. H. Webster, Chairman Commissioner Dale K. Hall, Pro-Tem Commissioner George E. Baxter Commissioner Constance L. Harbert Commissioner Barbara J. Kirkmeyer - EXCUSED Also present: Weld County Attorney, Bruce T. Barker Acting Clerk to the Board, Carol Harding Finance and Administration Director, Don Warden MINUTES: Commissioner Harbert moved to approve the minutes of the Board of County Commissioners meeting of February 9, 1994, as printed. Commissioner Baxter seconded the motion, and it carried unanimously. CERTIFICATIONS OF HEARINGS: Commissioner Hall moved to approve the hearing conducted on February 9, 1994, as follows: 1) Special Review Permit for an industrial use in the A (Agricultural) Zone District to construct storage tanks, Glen Womack; and 2) Amended Special Review Permit for an onion storage warehouse in the A (Agricultural) Zone District, Ralph Nix Produce. Commissioner Baxter seconded the motion, and it carried unanimously. ADDITIONS: There were no additions. CONSENT AGENDA: Commissioner Harbert moved to approve the consent agenda as printed. Commissioner Hall seconded the motion, and it carried unanimously. COMMISSIONER COORDINATOR REPORTS: Commissioner Harbert reported on the open house held yesterday at Guadalupe Center, which she, Commissioner Webster, and Commissioner Hall attended. PUBLIC INPUT: There was no public input. WARRANTS: Don Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: General Fund $ 299, 152.94 Handwritten Warrants: Payroll Fund $ 208.93 Commissioner Baxter moved to approve the warrants as presented by Mr. Warden. Commissioner Hall seconded the motion, which carried unanimously. 941 43A BIDS: APPROVE 1994 AERIAL MAPPING - ASSESSOR'S OFFICE: Mr. Warden en read a request from Warren Lasell, Assessor, requesting app of the bid from Total Engineering Service, Inc. of Colorado, even though it was not low bid. Mr. Lasell was present and stated the difference is only $162, or 1.2 percent, and the working relationship with Total is very satisfactory; therefore, he would like to continue that relationship. Commissioner Harbert moved to approve the bid from Total Engineering Service, Inc. of Colorado, in the amount of $13,670.00. Seconded by Commissioner Baxter, the motion carried three to one, with Commissioner Hall voting against said motion. BUSINESS: NEW: CONSIDER 1993 HUTF REPORT TO COLORADO DEPARTMENT OF TRANSPORTATION: Drew Scheltinga, County Engineer, explained this is a compilation of the number of miles of roads, as well as the widths and types of roads, and number of bridge decks in Weld County. Said report is used as the certification to the State for HUTF funding distribution formulas. In response to Commissioner Harbert, Mr. Scheltinga explained the process used by Don Carroll to complete said report each year, taking approximately 80 to 100 hours. Mr. Warden responded approximately $5.2 million funding is brought into the County with this report. Commissioner Baxter moved to approve the 1993 HUTF Report. Seconded by Commissioner Hall, the motion carried unanimously. CONSIDER EQUIPMENT AGREEMENT AMONG COLORADO STATE FOREST SERVICE, PAWNEE FIRE PROTECTION DISTRICT, AND SHERIFF AND AUTHORIZE CHAIRMAN TO SIGN: Bruce Barker, County Attorney, explained an agreement was necessary for the equipment provided by the Forest Service to the Pawnee Fire Protection District, to cover instances when the Sheriff takes control of said equipment. Per this agreement, in those instances the Sheriff will assume responsibility for the maintenance of agreement and the equipment. dCommissioner Harbert moved to app authorize the Chairman to sign. Seconded by Commissioner Baxter, the motion carried unanimously. SECOND READING OF ORDINANCE NO. 88-G, IN MATTER OF REPEALING AND RE-ENACTING ORDINANCE NOS. 88-D, 88-E, AND 88-F, REGULATING THE RUNNING AT-LARGE OF DOGS; PROHIBITING LOUD, PERSISTENT, AND HABITUAL NOISE BY DOGS; PROVIDING FOR SEIZURE, IMPOUNDING, AND OTHER DISPOSITION THEREOF; AND PROVIDING FOR FINES AND PENALTIES FOR VIOLATIONS: Mr. Barker explained that, following the first reading of said ordinance, Section 3c was eliminated, along with two references to it in Sections 4 and 5. Commissioner Harbert moved to read by title only. Seconded by Commissioner Hall, the motion carried unanimously. Mr. Barker read the title of Ordinance No. 88-G. Gordon Brenkle, Bob Sieffert, Chris Shultz, and Steve Shultz spoke against said ordinance. Mr. Brenkle said there is not enough staff now for the Sheriff' s Office to cover the County, and he feels it will be unenforceable. As a farmer, Mr. Brenkle does not want his dogs to be stopped from barking, since their job is to prevent people from trespassing. Mr. Sieffert presently has two guard dogs which are used to protect his livestock from predators. Ms. Shultz stated, if it is approved, stock dogs and watch dogs should be exempted. Mr. Shultz expressed his concerns about cases when neighbors do not get along; this will be something else to come between them. Gene Brantner, Judith Green, and Bob Schellenberger spoke in favor of the ordinance. Although Mr. Brantner agreed with Mr. Brenkle concerning the right of farmers to protect their property and livestock, he spoke of the problem for those individuals living in subdivisions where there is no recourse to barking dogs at the present. Ms. Green stated the ordinance would never be used against a farmer, and she reiterated there Minutes - February 14, 1994 Page 2 is no other recourse for an individual in a subdivision. (Changed to Tape #94-09. ) Mr. Schellenberger stated in Los Angeles County under a similar ordinance, 90 percent of the problems were resolved by a letter from the Sheriff. Commissioner Baxter expressed a desire to exempt working dogs in an agricultural situation. Mr. Shultz questioned who makes the determination in each case of "loud, persistent, and habitual" barking. Mr. Barker reviewed the present procedure for dogs running at-large. Commissioner Hall expressed concerns that the onus is on the owner to defend any and all complaints. In discussion between the Board and Mr. Barker, he stated subdivisions cannot be singled out for this ordinance; and if working dogs are exempted, every defendant will claim they have a working dog. Mr. Barker also discussed the equal protection provided to citizens by the United States Constitution, and interpreted it to mean exemptions can be made on a factual basis with a rational distinction. He said areas determined by geographical location do not fit that interpretation. Mr. Barker also pointed out that defining types of dogs to be exempted causes a broad definition which becomes much more difficult to enforce. He suggested the distinction can be made on the activity or use of the dog, not on the geographical area. Commissioner Hall reiterated the onus should be on the complainant, not the owner. In response to Commissioner Hall, Mr. Barker explained the County receives the penalty assessments; however, the State receives the fines and court costs which are collected. Chairman Webster stated he agrees with Commissioner Baxter as to the value of agricultural dogs and would like to see them exempted. Commissioner Baxter moved to continue this matter to February 23, 1994, at 9:00 a.m. , to allow staff time to suggest appropriate language. Seconded by Commissioner Harbert, the motion carried unanimously. Commissioner Hall requested the language include protection of property, as well as agricultural uses such as protection of livestock, etc. PLANNING: CONSIDER RESOLUTION RE: VIOLATIONS OF THE WELD COUNTY BUILDING CODE ORDINANCE - SNYDER OIL CORPORATION: Commissioner Hall moved to approve said Resolution authorizing the County Attorney to proceed with legal action against Snyder Oil Corporation for violations of the Weld County Building Code Ordinance. Commissioner Baxter seconded the motion, and it carried unanimously. CONSIDER VACATION OF RE #1237 - GIBSON: Greg Thompson, Department of Planning Services, stated as Condition of Approval #lc of Site Plan Review #209, the applicant is required to vacate Recorded Exemption #1237. The applicant, Dennis Gibson, has submitted such a request through his attorney, Glen Droegemueller. Mr. Droegemueller also represents Ridge West Commercial Condominium Association, owner of Lot B of Recorded Exemption #1237. Commissioner Hall moved to approve said request. 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. Minutes - February 14, 1994 Page 3 There being no further business, this meeting was adjourned at 10:05 a.m. auejectan APPROVED: ATTEST: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CO , O ORADO y,J p/� Weld County Clerk to the Board L^ �'I,/T W . Webs er, hair an By: """" t-- {-Qd3 Dale : Hall Deputy C rk to the Board H /Liar .� Geor . Baxter _ Whoc. `��r�/2h�G2'ZO/� lL'r Constance L. Harbert EXCUSED Barbara J. Kirkmeyer Minutes - February 14, 1994 Page 4 f c OFFICE OF WELD COUNTY ASSESSOR NPHONE(303I RAT EXT 365S WELD COUNTY ADMINISTRATIVE OFFICES 1400 N.17TH AVENUE 111111 GREELEY, COLORADO 80631 C COLORADO January 27, 1994 Board of Weld County Commissioners 915 10th Street Greeley, CO 80631 Re: BID REQUEST #400051-94 Dear Commissioners: the county e The purpose of this letter is to request Inc.t that Colorado for wonk the services of Total Engineering Service, County maps. The Total bid for 1994 was $162 (1.2 percent) more than that submitted by ChoreoGraphics of Ft. Collins ($13,670 vs. $13,508) . Our staff has found the working relationship with Total Engineering and the quality of work to be very satisfactory and would like to tto continue that relationship with the Weld County company• small difference in the two bids I respectfully n request q est Given ce t 1994. l Engineering Service be retained to provide mapping app g Sincerely, &s Lfra-z-x--"( Warren L. Lasell Weld County Assessor WLL:mrk RECORD OF PROCEEDINGS MINUTES BOARD OF SOCIAL SERVICES WELD COUNTY, COLORADO FEBRUARY 14, 1994 TAPE #94-09 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, February 14, 1994, 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 W. H. Webster, Chairman Commissioner Dale K. Hall, Pro-Tem Commissioner George E. Baxter Commissioner Constance L. Harbert Commissioner Barbara J. Kirkmeyer - EXCUSED Also present: Weld County Attorney, Bruce T. Barker Acting Clerk to the Board, Carol Harding MINUTES: Commissioner Hall moved to approve the minutes of the Board of Social Services meeting of February 9, 1994, as printed. Commissioner Baxter seconded the motion, and it carried unanimously. WARRANTS: Carol Harding, Finance and Administration, presented the warrants for approval by the Board in the amount of $51,813.03. 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: 10 a.m. APPROVED: ATTEST: Lid/Plia444 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, OLORADO Weld County Clerk to the Board 4A'.�/�/I. ' p W. I- . Webster, Gila' man By: Dep . o, Ll Deputy ClC1 k to the the Board Dale Hall, Pro; em eoge E. Baxter Constance L. Harbert EXCUSED Barbara J. Kirkmeyer Hello