HomeMy WebLinkAbout931531.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 13, 1993
TAPE #93-45
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, December 13, 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 December 8, 1993, as printed.
Commissioner Kirkmeyer seconded the motion, and it carried
unanimously.
CERTIFICATIONS
OF HEARINGS: Commissioner Baxter moved to approve the hearings conducted on
December 8, 1993, as follows: 1) Final Budget Hearing; 2)
Housing Authority Budget Hearing; and 3) Planned Unit
Development Plan (PUD) , 1st Filing, Fort Junction PUD, The Villa
at Greeley, Inc. ; and hearings conducted on December 9, 1993, as
follows: 1) Final Budget Hearing; and 2) Housing Authority
Budget Hearing. Commissioner Webster seconded the motion, and
it carried unanimously.
ADDITIONS: There were no additions to today's agenda.
CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the consent agenda as
printed. Commissioner Hall seconded the motion, and it carried
unanimously.
COMMISSIONER
COORDINATOR
REPORTS: There were no reports given.
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 $ 162,506.54
Handwritten warrants:
Payroll Fund $ 210, 709. 75
Commissioner Kirkmeyer moved to approve the warrants as
presented by Mr. Warden. Commissioner Baxter seconded the
motion, which carried unanimously.
931531
BUSINESS:
NEW: CONSIDER RENEWAL OF TAVERN LIQUOR LICENSE, WITH EXTENDED HOURS,
FOR HELEN AND ISAURO CHAVEZ, DBA EL ROJO LOUNGE, AND AUTHORIZE
CHAIRMAN TO SIGN: Bruce Barker, County Attorney, stated the
application is complete. Chairman Harbert reviewed a report
received from the Communications Center showing a number of
responses and criminal complaints at said tavern and personally
concerning Helen Chavez. After discussion, Commissioner
Kirkmeyer moved to find there is sufficient cause to hold a
renewal hearing for the renewal of said license on January 12,
1994, at 9:00 a.m. Seconded by Commissioner Hall, the motion
carried unanimously. The Clerk was asked to confirm the
attendance of a Sheriff's Deputy at that hearing to answer
questions concerning the report.
CONSIDER 1994 DANCE LICENSE FOR HELEN AND ISAURO CHAVEZ, DBA EL
ROJO LOUNGE: Commissioner Kirkmeyer moved to continue this
matter to January 12, 1994, at 9:00 a.m. Seconded by
Commissioner Webster, the motion carried unanimously.
CONSIDER 1994 DANCE LICENSE FOR EATON COUNTRY CLUB: Mr. Barker
stated the application adheres to the County's ordinance
regarding annual dance licensing requirements. Commissioner
Hall moved to approve said license. Seconded by Commissioner
Kirkmeyer, the motion carried unanimously.
CONSIDER AGREEMENT FOR REHABILITATION SERVICES BETWEEN FENWC AND
NORTH COLORADO MEDICAL CENTER, INC. AND AUTHORIZE CHAIRMAN TO
SIGN: Walt Speckman, Director of Human Resources, stated this
is a change from the past; however, the bid process was
followed. The scope of services includes on-site speech and
language services to Head Start eligible students for up to 802
hours. A maximum of $31,080 will be reimbursed for the term,
which is in effect from December 13, 1993, through September 30,
1994. Commissioner Webster moved to approve said agreement and
authorize the Chairman to sign. Seconded by Commissioner
Kirkmeyer, the motion carried unanimously.
CONSIDER SINGLE ENTRY POINT CONTRACT BETWEEN COLORADO DEPARTMENT
OF SOCIAL SERVICES AND AREA AGENCY ON AGING AND AUTHORIZE
CHAIRMAN TO SIGN: Mr. Speckman presented said contract which
allows the Area Agency on Aging to become the Single Point of
Entry for long-term care services in Weld County. Home and
Community Based Services, Home Care Allowance, Adult Foster
Care, and Certification for Nursing Home Placement Programs will
be consolidated. The term of said contract is February 16,
1994, through June 30, 1994, and the amount is $58,897.
Commissioner Baxter moved to approve said contract and authorize
the Chairman to sign. Seconded by Commissioner Webster, the
motion carried unanimously.
CONSIDER PURCHASE OF SERVICE AGREEMENT BETWEEN FENWC AND SJB
CHILD DEVELOPMENT CENTERS, INC. AND AUTHORIZE CHAIRMAN TO SIGN:
Mr. Speckman said this agreement is with SJB Child Development
Centers, Inc. , aka ABC Child Development Centers, in response to
the Head Start bid process. SJB will be reimbursed a maximum of
$36, 400 to provide enhanced preschool learning opportunities for
20 eligible Head Start children, as well as facilitate their
transition into kindergarten. The term of said agreement is
December 1, 1993, through November 30, 1994. Commissioner
Webster moved to approve said agreement and authorize the
Chairman to sign. Seconded by Commissioner Hall, the motion
carried unanimously.
Minutes - December 13, 1993
Page 2
CONSIDER CONTRACT WITH COLORADO DEPARTMENT OF HEALTH FOR
FEASIBILITY STUDY - 49TH STREET AND AUTHORIZE CHAIRMAN TO SIGN:
John Pickle, Health Department Director, reviewed the contract
to fund the feasibility study for the 49th Street sewage
disposal problem. The contractor has completed the study and is
awaiting payment on the project. Commissioner Kirkmeyer moved
to approve said contract and authorize the Chairman to sign.
Seconded by Commissioner Hall, the motion carried unanimously.
CONSIDER TEN AGREEMENTS FOR SAMPLING AND ANALYSIS OF POLLUTANT
DISCHARGE WITH VARIOUS ENTITIES AND AUTHORIZE CHAIRMAN TO SIGN:
Mr. Pickle presented ten agreements with various entities for
the year 1994. Commissioner Baxter moved to approve said
agreements and authorize the Chairman to sign. Seconded by
Commissioner Webster, the motion carried unanimously.
CONSIDER TWENTY-TWO AGREEMENTS FOR SAMPLING AND ANALYSIS OF
DRINKING WATER WITH VARIOUS ENTITIES AND AUTHORIZE CHAIRMAN TO
SIGN: Mr. Pickle presented twenty-two drinking water agreements
for the year 1994. Commissioner Webster moved to approve said
agreements and authorize the Chairman to sign. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER OIL AND GAS DIVISION ORDER WITH ELK EXPLORATION, INC. ,
AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Barker stated he has
verified the percentages listed on said Division Order, and they
are correctly listed. Commissioner Hall moved to approve said
Division Order and authorize the Chairman to sign. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER CANCELLATION OF PAYROLL WARRANTS FOR JULY, AUGUST,
SEPTEMBER, OCTOBER, AND NOVEMBER OF 1993: Commissioner Hall
moved to approve said cancellations. Seconded by Commissioner
Baxter, the motion carried unanimously.
EMERGENCY ORDINANCE NO. 174-B, IN MATTER OF A SUPPLEMENTAL
APPROPRIATION FOR 1993: Mr. Warden explained the changes
necessitating this supplemental appropriation, which is the
second one for 1993, and read the text of said Ordinance. There
was no public input offered. Commissioner Baxter moved to
approve Ordinance No. 174-B on an emergency basis. Seconded by
Commissioner Hall, the motion carried unanimously.
PLANNING: CONSIDER ZPMH #1873 - MARTINEZ (CONT. FROM 11/24/93) : Chairman
Harbert stated the three ZPMH's for Vincente Martinez will be
considered together, since the properties are adjacent to each
other. Monica Daniels-Mika, Department of Planning Services,
explained staff contacted the water district and there is a
representative present today. The tap permits were issued in
error, and there is no water available for the three lots. Ms.
Daniels-Mika also stated staff is still receiving a large number
of complaints regarding this request. Mary Gealfos, Secretary
of Aristocrat Ranchettes Water Project, Inc. , stated she checked
through four different methods and determined there are no water
taps available for this property. She said there is a
moratorium on water taps and there are none available. Ms .
Gealfos stated the certificates for these three parcels are
signed by her; however, they were done in error since no water
taps exist. In response to Commissioner Kirkmeyer, Ms. Gealfos
said other properties in the area are using cisterns. Mr.
Martinez stated he was told by the water district that the water
was available, and he was issued the certificates when he
applied. If water is not available for the three lots, Mr.
Martinez requests approval of cisterns to be used on each lot..
Ms. Daniels-Mika stated there are temporary cistern permit.s
available from the Health Department for Aristocrat Acres. She
stated the word temporary correlates to the use, not the lengt.h
Minutes - December 13, 1993
Page 3
of time it is in effect. In response to Commissioner Hall, Ms.
Gealfos stated the water district is trying to buy water from
the City of Fort Lupton; however, it has not been able to
solidify the deal. Mr. Martinez responded to Commissioner
Baxter saying it will cost approximately $1,500 for him to put
each cistern in, plus 25¢ per 100 gallons of water. Donald
Clamp, surrounding landowner, reiterated his concerns regarding
use of the properties as rentals, and the weeds and trash,
including abandoned vehicles that have always accumulated on
these properties. Mr. Martinez stated the cars have been moved.
Donna Adams, surrounding property owner, stated she feels there
are health risks created by adding three other cisterns in the
area. She also complained about grass 12" to 18" high at all
times on these properties. In response to questions from the
Board, Mr. Barker clarified that the Board is not in a position
to rely on the signatures on the petitions and they have, in
fact, gone past that. Mr. Barker stated the case should be
decided on its own merits, and issues of who signed the petition
or the visibility of other lots owned by Mr. Martinez should not
have anything to do with the decision, since he was not issued
proper notice of any violations. Commissioner Kirkmeyer
requested Ms. Daniels-Mika review staff's comments from the
November 24, 1993, meeting and pointed out the letter from the
Fort Lupton Planning Commission indicating it did not support
this application. Commissioner Hall moved to deny ZPMH #1873
based on the findings of inadequate water supply and the letter
received from the Fort Lupton Planning Commission indicating it
does not support approval. The motion was seconded by
Commissioner Kirkmeyer, who agreed with Commissioner Hall' s
reasons, as well as stating cisterns provide temporary relief
only, and do not solve the problem. On roll call vote, the
motion carried unanimously.
CONSIDER ZPMH #1874 - MARTINEZ (CONT. FROM 11/24/931 :
Commissioner Hall moved to deny ZPMH #1874 for the same reasons
listed for ZPMH #1873. Seconded by Commissioner Baxter, the
motion carried unanimously.
CONSIDER ZPMH #1875 - MARTINEZ (CONT. FROM 11/24/93) :
Commissioner Hall moved to deny ZPMH #1875 for the same reasons
listed for ZPMH #1873. Seconded by Commissioner Baxter, the
motion carried unanimously.
CONSIDER ZPMH #1881 - CAMPBELL: Ms. Daniels-Mika explained said
request is for a mobile home in which a Weld County grader
operator will live, located on a state right-of-way. She said
the State has given its concurrence by letter. Dave Becker,
Assistant Road and Bridge Director, explained this request is
necessary because of the retirement of Harold Weisbrook. He
said there is a well permit. Zelma Wahl, Road and Bridge
Department, explained the State has the whole section leased to
Mr. Weisbrook on a 100-year lease. However, they have given the
County permission to use the right-of-way for placement of a
mobile home. There was no public input given concerning this
matter. Commissioner Kirkmeyer moved to approve ZPMH #1881.
Seconded by Commissioner Baxter, the motion carried unanimously.
CONSIDER RESOLUTION RE: VIOLATIONS OF THE ZONING ORDINANCE -
ROJAS, GONZALES, AND GARCIA: Commissioner Kirkmeyer moved to
approve this Resolution authorizing the County Attorney to
proceed with legal action against Theodore Anthony Rojas, Joe R.
Gonzales, Jr. , and Pete Garcia for violations of the Weld County
Zoning Ordinance. Commissioner Hall seconded the motion, and it
carried unanimously.
RESOLUTIONS AND
Minutes - December 13, 1993
Page 4
ORDINANCES: The Resolutions were presented and signed as listed on the
consent agenda. Emergency Ordinance No. 174-B was approved
today. Emergency Ordinances No. 177 and No. 178 were approved
during the budget hearing on December 9, 1993. All Resolutions
approved during said budget hearing are listed on today's
consent agenda.
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: A ;�/t BOARD OF COUNTY COMMISSIONERS
/5; VL WELD,COUNTY, COLORADO
Weld County Clerk to the Board �� re -
///J Constvnce /L Harbert, Chairman
BY: / Q,A_A$41,S G,:2 if � f �il
ketAT
Deputy C1 r to the Board W. Wgbste Pro- em
orge Bax er
1/4.,
Dal K. Hal /
/ J
//
/Barbara J. Kirkme er V
Minutes - December 13, 1993
Page 5
RECORD OF PROCEEDINGS
MINUTES
BOARD OF SOCIAL SERVICES
WELD COUNTY, COLORADO
DECEMBER 13, 1993
TAPE #93-45
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, December 13, 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
MINUTES: Commissioner Baxter moved to approve the minutes of the Board of
Social Services meeting of December 8, 1993, as printed.
Commissioner Kirkmeyer 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 $55,038.60.
Commissioner Webster 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
10:05 A.M.
(1 ! /) /1 I APPROVED:
.,
ATTEST: Q /_ �1/ /l/ vi/
vV/ + BOARD OF COUNTY COMMISSIONERS
��°� WELD COUNTY, COLORADO
Weld County Clerk to the Board ��A./ -" 7.',I—/-/1 /l"
Constance L. Harbert, Chairman
By: at .-S ii l..4---6
-ny� ,lll x t/ /
Deputy Clerk to the Boa-rd 1 W. H Webster! Prp-Tem
ge Baxt r
Da Hale
/Barbara J. Kirkmey
Hello