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Home My WebLink About921510.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COdNTY 00MMISS,IONERS WELD LOW Y-, coronDP NOVEMBER /4, 199E AMSZ 042-3.6 The Board of County uommis§-ioners 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, November 4, 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 Kirby moved to approve the minutes of the Board of County Commissioners meeting of November 2, 1992, as printed. Commissioner Lacy seconded the motion, and it carried unanimously. CERTIFICATIONS OF HEARINGS: Commissioner Harbert moved to approve the hearings conducted on November 2, 1992, as follows: 1) Annual Meeting of Windsor Shores Law Enforcement Authority; 2) Annual Meeting of Antelope Hills Law Enforcement Authority; and 3) Annual Meeting of Beebe Draw Law Enforcement Authority. Commissioner Webster 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 Kirby seconded the motion, and it carried unanimously. DEPARTMENT HEADS AND ELECTED OFFICIALS: Mary Ann Feuerstein, Clerk and Recorder, discussed the election held yesterday. Weld County had a record 80.8% turnout, and they finished counting at 2:00 a.m. , with all reports, etc. being completed by 3:30 a.m. Ms. Feuerstein expressed her thanks to all the county employees who helped with the election. Mike Loustalet, Treasurer, reviewed the statistics for his office. Through the end of October they are about 2% ahead on collections. At the tax sale they sold 300 parcels less than last year, and 65 less mobile homes. They have sold approximately $762,000 in property taxes compared to $1, 760, 000 the previous year. They have claimed $8,000 in premiums. Mr. Loustalet said the new facility is working great for them. 921510 WARRANTS: Don Warden presented the following warrants for approval by the Board: General Fund $ 50,585.93 Handwritten warrants: Payroll Fund $ 7, 799.45 Commissioner Webster moved to approve the warrants as presented by Mr. Warden. Commissioner Harbert seconded the motion which carried unanimously. (Let the record reflect that Commissioner Harbert is now acting as Chairman. ) BIDS: PRESENT BANKING SERVICES - FINANCE DEPARTMENT: Pat Persichino, Director of General Services, read the names of the three banks which submitted bids. Said bids will be considered for approval on November 18, 1992. PRESENT TRAFFIC PAINT - ROAD AND BRIDGE DEPARTMENT: Mr. Persichino read the names of the four companies who submitted bids. Said bids will be considered for approval on November 18, 1992. BUSINESS: NEW: CONSIDER RATIFICATION OF APPOINTMENT OF MICHELE VETTING TO BOARD OF TRUSTEES FOR WELD LIBRARY DISTRICT: Commissioner Lacy moved to ratify the appointment of Michele Vetting to the Weld Library District Board of Trustees, with a term to expire December 31, 1997. Commissioner Kirby seconded the motion, which carried unanimously. CONSIDER APPROVAL OF 1993 MASTER GROUP CONTRACT APPLICATION AND AUTHORIZE CHAIRMAN TO SIGN - TAKECARE OF COLORADO, INC. : Mr. Warden explained this is the contract for health insurance for county employees for 1993. The HMO option increased 9%, the PPO option increased 27% and the third option of PPO with a higher deduction is a 9% increase over this year's PPO cost. The third option allows a benefit for part-time employees which was included for job sharing situations. Commissioner Lacy moved to approve said contract and authorize the Chairman to sign. Seconded by Commissioner Webster, the motion carried unanimously. (Let the record reflect Lee Morrison is now acting as attorney of record. ) PLANNING: CONSIDER RESOLUTION RE: VIOLATIONS OF THE BUILDING CODE ORDINANCE - ZAVALA AND CAVDILLO, AND MARTINEZ: Commissioner Webster moved to approve this Resolution authorizing the County Attorney to proceed with legal action against Daniel Zavala and Maria Cavdillo, and Vincente G. Martinez for violations of the Weld County Building Code Ordinance. Commissioner Lacy seconded the motion, and it carried unanimously. CONSIDER PROBABLE CAUSE - CAMENISCH: Lanell Swanson, Planning Services, read the recommendation of the Planning staff for setting a Show Cause Hearing into the record. Use by Special Review #874 was approved April 26, 1989, and construction has not yet begun. The property right was vested for a period of three years, unless expressly extended by the Board of County Commissioners. Shirley Camenisch, representing Phillip Camenisch, explained the difficulties they have encountered in finding an operator for the gravel operation. They had one arranged when they first received their permit; however, he lost Minutes - November 4, 1992 Page 2 his loan and contract. They have been trying to locate a new operator. One company did run a bore test last Tuesday, and Ms. Camenisch feels confident they will be able to do business. In response to a question from Commissioner Kirby, Lee Morrison, Assistant County Attorney, explained the Board does not have to extend the vested right. If the presumption is the project has been abandoned they may vacate the Use by Special Review Permit. Mr. Camenisch must give evidence it has not been abandoned. The Board may choose not to vacate the permit and to have the Planning staff review the case in one year to see what progress has been made. Commissioner Lacy questioned whether the new operator would be willing to testify in a Show Cause Hearing. Ms. Camenisch believes they would, and she asked about the vested right. Mr. Morrison explained the vested right is tied to the commencement of operations. Once the operation has been started, the common law vested right extends to the development. Ms. Camenisch offered her file on the operation, which will be Exhibit A. Mr. Morrison discussed the definition of abandonment. He said the physical raises the presumption of abandonment; however, it is the owner's responsibility to prove it has not been abandoned. Mr. Morrison stated the merits of the original permit cannot be taken into consideration, and only testimony on whether or not the project has been abandoned may be considered. Cathy Snapp, representing a group of mobile home owners, wished to state her concerns. However, they did not concern the abandonment of the property. She asked when they would be allowed to state those concerns. Chairman Harbert explained the opportunity for the public to give testimony against the project was before the permit was issued. Chairman Harbert again stated the evidence or testimony received today must have to do with the abandonment of the property, not the merits of the original permit or subsequent problems. Edward Hodges, surrounding property owner, wished to speak about traffic problems. Commissioner Lacy stated he would meet with Mr. Hodges after this morning's meeting to see if the county can do anything. In response to a question from Commissioner Lacy, Mr. Morrison said if the Board finds this project to be abandoned, they may vacate the permit. The applicants would then have to reapply, which would open a new hearing process. John Copper, surrounding land owner, spoke in favor of setting a Show Cause Hearing, and he stated the road situation does need to be addressed. Chairman Harbert asked him to join Mr. Hodges and Commissioner Lacy after this meeting. Commissioner Lacy moved to set a Show Cause Hearing on November 18, 1992 at 10:00 a.m. Seconded by Commissioner Kirby, the motion carried unanimously. Commissioner Kirby asked Ms. Camenisch to contact Mr. Morrison in regards to the various contracts, etc. she will need prior to the Show Cause Hearing. CONSIDER RE #1455 - KELLY: Tom Kelly is requesting said Recorded Exemption in order to sell a ten-acre parcel which would be split from the twenty-acre parcel he owns. He reviewed the history of this area, stating no new driveways would be necessary, and water and gas are already in the road. Mr. Kelly feels there would be no strain on surface areas, and he stated there have been no new building sites in the past 20 years. Commissioner Lacy questioned what type of agreement the property owners have for maintenance of the lane coming off of Weld County Road 3. Mr. Kelly explained at present Kermit Bahwer, who lives at the end of the lane, has assumed snow removal responsibilities. He said if Mr. Bahwer were not there, the other owners would jointly maintain the lane. Chairman Harbert stated easements or road maintenance agreements need to be addressed. Mr. Kelly explained there are six families, including his, and there is a private 15' easement from each property owner on the lane. After discussion concerning the potential problems with easements, Commissioner Lacy moved to Minutes - November 4, 1992 Page 3 continue this matter to December 9, 1992 at 9:00 a.m. , in order to allow time for Mr. Kelly to work on a road maintenance agreement. Commissioner Kirby seconded the motion, which carried unanimously. Mr. Morrison will meet with Mr. Kelly to explain the various legalities involved. 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 9:50 A.M. APPROVED: ATTEST: F , I, , .. v BOARD OF COUNTY COMMISSIONERS ' WELD COUNTY, COLORADO �si1i % Weld County Clerk to the Board Geor e Ke nedy, Chairman By: cJ—C -Levu..-�iv.- Deputy Cle to the Board Constance L. Harbert, Pro-Tem C. . Ki b Gor W. H. Webster Minutes - November 4, 1992 Page 4 RECORD OF PROCEEDINGS MINUTES BOARD OF SOCIAL SERVICES WELD COUNTY, COLORADO NOVEMBER 4, 1992 TAPE #92-36 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, November 4, 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 MINUTES: Commissioner Webster moved to approve the minutes of the Board of Social Services meeting of November 2, 1992, as printed. Commissioner Kirby seconded the motion, and it carried unanimously. WARRANTS: Carol Harding, Department of Finance, presented the warrants for approval by the Board in the amount of $20,483. 16. Commissioner Kirby moved to approve the warrants as presented by Ms. Harding. Commissioner Webster seconded the motion, which carried unanimously. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Acting Clerk to the Board. There being no further business, this meeting was adjourned at 9:55 A.M. APPROVED: ATTEST: BOARD OF COUNTY COMMISSIONERS V_i WELD COUNTY, COLORADO Weld County Clerk to the Board Ge r K nedy, Chairman -� By: K �$ ., �, (f_ Deputy Cler to the Board Constance L. Harbert, Pro-Tem C. W. Kirb cGord J ICG� W. Mer0� Hello