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Home My WebLink About911737.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO NOVEMBER 20, 1991 TAPE #91-32 & #91-33 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, November 20, 1991, 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 Gordon E. Lacy, Chairman Commissioner George Kennedy, Pro-Tem - Excused Commissioner Constance L. Harbert Commissioner C. W. Kirby 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 Webster moved to approve the minutes of the Board of County Commissioners meeting of November 18, 1991, as printed. Commissioner Kirby seconded the motion, and it carried unanimously. ADDITIONS: There were no additions to today's agenda. CONSENT AGENDA: Commissioner Harbert moved to approve the consent agenda as printed. Commissioner Kirby seconded the motion, and it carried unanimously. DEPARTMENT HEADS AND ELECTED OFFICIALS: Judy Griego, Social Services Director, reported that there are slightly more than 1, 600 families receiving Aid for Dependent Children, which is a 200-household increase from last year. It takes the Department an average of 21 days to process each application, and Ms. Griego is expecting to revise the procedure for processing next year, to incorporate the focus of all programs into one application. Ms. Griego also commented on the time being spent by staff in the community trying to make access to the Medicaid program easier. She reported that, on a State level, she will be the 1992 policy advisory committee member for this District. A County Council member was not present to give the scheduled report. WARRANTS: Don Warden presented the following warrants for approval by the Board: General fund $ 81,912.30 Handwritten warrants: General fund $ 103.66 Commissioner Kirby moved to approve the warrants as presented by Mr. Warden. Commissioner Webster seconded the motion which carried unanimously. 911737 Let the record reflect that a recess was taken at this time to allow the Board to convene as the Board of Social Services. BIDS: PRESENT FOOD CONTRACT - CENTENNIAL CENTER: Mr. Warden read the names of the bidders into the record and stated staff will be evaluating the proposals prior to the approval date of December 4, 1991. BUSINESS: OLD: CONSIDER EMERGENCY APPROVAL OF ORDINANCE NO. 166 - CONAGRA PRIVATE ACTIVITY BOND ISSUE (CONT. FROM 11/13/91) : Mr. Warden reviewed the bond issue, and read Ordinance No. 166 into the record. (Changed to Tape #91-33 during reading of Ordinance. ) For the record, three places in said Ordinance which mention the County Clerk should be changed to the Clerk to the Board. Chairman Lacy asked for public comments. There were none. Commissioner Harbert moved to approve Ordinance No. 166 on an emergency basis. Seconded by Commissioner Webster, the motion carried unanimously. NEW: CONSIDER PURCHASE OF SERVICE AGREEMENT BETWEEN BOCES AND FENWC AND AUTHORIZE CHAIRMAN TO SIGN: Tere Keller, Department of Human Resources, reviewed said agreement. The term of said agreement is from October 1, 1991 through May 31, 1992. Said agreement specifies that FENWC will provide a Developmentally Appropriate Early Childhood Educational Experience for special- needs children in School Districts RE-1, RE-3J, and RE-5J. FENWC will integrate special-needs children into a classroom setting, provide transportation, and supervise their classroom activities. Commissioner Harbert moved to approve said agreement and authorize the Chairman to sign. Seconded by Commissioner Kirby, the motion carried unanimously. CONSIDER PURCHASE OF SERVICES AGREEMENT BETWEEN PATSY RUGGLES AND FENWC AND AUTHORIZE CHAIRMAN TO SIGN: Ms. Keller reviewed said agreement with Patsy Ruggles, Dental Hygienist, to provide services at the Greeley and Milliken Centers, beginning November, 1991. Ms. Ruggles will be reimbursed for her services in the amount of $710.00. Commissioner Kirby moved to approve said agreement. Seconded by Commissioner Webster, the motion carried unanimously. CONSIDER INTERGOVERNMENTAL AGREEMENT FOR TRANSFER OF AIRPLANE WASHER TO AIRPORT AUTHORITY AND AUTHORIZE CHAIRMAN TO SIGN: Chairman Lacy stated the Airport Authority Board took action at their November 19, 1991 meeting to accept said transfer, at the request of Mike Loustalet, County Treasurer. Commissioner Webster moved to approve said agreement and authorize the Chairman to sign. Seconded by Commissioner Harbert, the motion carried unanimously. CONSIDER DIVISION ORDER TO NOLBURN ENERGY COMPANY AND AUTHORIZE CHAIRMAN TO SIGN - NE'-,-, NW,' 511, T7N, R57W: Mr. David stated this well is two miles east of Buckingham, and the percentages are accurate according to the original lease. Commissioner Harbert moved to approve said Division Order and authorize the Chairman to sign. Seconded by Commissioner Kirby, the motion carried unanimously. CONSIDER RENEWAL OF TAVERN LIQUOR LICENSE FROM ZANE RICHARD PAVLICA, DBA HOMESTEAD SALOON: Chairman Lacy read a message from the Sheriff's Department stating no violations have been received. Commissioner Webster moved to approve said renewal. Seconded by Commissioner Kirby, the motion carried unanimously. Minutes - November 20, 1991 Page 2 FIRST READING OF ORDINANCE NO. 82-K, IN MATTER OF REPEALING ORDINANCE N0. 82-J AND RE-ENACTING SETTING OF FEES FOR SERVICES PROVIDED BY WELD COUNTY HEALTH DEPARTMENT: Mr. Warden read Ordinance No. 82-K into the record. Chairman Lacy asked for public comments. There were none. Commissioner Harbert moved to approve Ordinance No. 82-K on first reading. Seconded by Commissioner Kirby, the motion carried unanimously. FIRST READING OF ORDINANCE N0. 84-M, IN MATTER OF REPEALING ORDINANCE N0. 84-L AND RE-ENACTING SETTING OF FEES FOR SERVICES PROVIDED BY WELD COUNTY: Mr. Warden reviewed the fee changes discussed in the 1992 budget hearings. He then read Ordinance No. 84-M into the record. Chairman Lacy asked for public comments. There were none. Commissioner Kirby moved to approve Ordinance No. 84-M on first reading. Seconded by Commissioner Webster, the motion carried unanimously. FIRST READING OF ORDINANCE NO. 136-F, IN MATTER OF REPEALING ORDINANCE N0. 136-E AND SETTING OF AMOUNT OF PURCHASES WHICH MUST BE BY WRITTEN SEALED BIDS WITH TEN-DAY PERIOD FOR CONSIDERATION: Mr. Warden explained the amount has not changed from the previous year; however, the Charter requires this amount to be set annually. He then read Ordinance No. 136-F into the record. Chairman Lacy asked for public comments. There were none. Commissioner Webster moved to approve Ordinance No. 136-F on first reading. Seconded by Commissioner Harbert, the motion carried unanimously. (Let the record show Lee Morrison, Assistant County Attorney, is now the attorney of record. ) PLANNING: CONSIDER PROBABLE CAUSE HEARING - LAKU LANDING: Lanell Swanson, Department of Planning Services, read the alleged violations and the recommendation of the Planning staff into the record. She showed a video of the property, showing gravel being stockpiled in the floodway. Commissioner Harbert questioned whether the stockpiling of gravel was addressed in the issuance of the Use by Special Review Permit procedure. Ms. Swanson explained the Flood Hazard Overlay Zone Maps were received after the Special Review Permit was issued, but the position of the Planning staff has to be that no sand or gravel can be allowed in a floodway. Ken Lind, Attorney representing Laku Landing, briefly described the problem of receiving contradictory information from FEMA personnel. He asked that a meeting be scheduled between County representatives, the developers, and FEMA to try to determine what position FEMA will take. He pointed out that neither the County nor the owners realized there would be stockpiling problems, since the floodway maps were received after the approval of the permit. Mr. Lind requested a delay of 90 days before scheduling the Show Cause, during which time a meeting could be arranged with FEMA. He stated the other issues could easily be worked out in that period of time. Ms. Swanson discussed the notice from FEMA that the County's position could be in jeopardy because of this violation. Commissioner Kirby questioned whether it would be proper to discuss the issues now or to schedule the Show Cause before the 90 day period, with the understanding that it be continued if necessary. Commissioner Webster asked Mr. Lind what he would accomplish in the 90 day period, if granted. Mr. Lind stated first would be the meeting with FEMA. Second, they could write a plan to propose to FEMA for preliminary acceptance, or at least FEMA's direction in how to proceed. Ms. Swanson pointed out that, according to the letter from FEMA dated October 3, 1991, they will act on this matter only after the County has approved the plan. Mr. Lind stated he has no objection to the Show Cause, he just needs some time. In response to a question from Commissioner Harbert, Ms. Swanson stated the County has received nothing from FEMA since the Flood Hazard Development Plan Application has been Minutes - November 20, 1991 Page 3 submitted. She pointed out that other permits processed have not been submitted to FEMA prior to approval. Mr. Morrison stated the stockpiling is a temporary problem, but could be a problem for as long as five years. He asked Mr. Lind if plans would be formulated to move the stockpiles out of the floodway during the requested 90 day period. Mr. Lind replied that would be part of what they would accomplish. Commissioner Kirby moved to set a Show Cause Hearing on Wednesday, January 8, 1992, at 10:00 a.m. The motion was seconded by Commissioner Webster. Chairman Lacy verified that date was acceptable to the applicant and his legal representative. He then requested any public comments. There were none. The motion carried unanimously. RESOLUTIONS AND ORDINANCES: The Resolutions were presented and signed as listed on the consent agenda. Ordinances No. 82-K, 84-M, and 136-E were passed on the first reading. Emergency Ordinance No. 166 was passed. 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 10:20 A.M. /J///// APPROVED: ATTEST: BOARD OF COUNTY COMMISSIONERS WELD COUN Y, LORADO Weld County Clerk to the Board Pir � fia_A_Aigia..-4.--7. Go . • L c5 y airman By: i EXCUSED Deputy Clerk to the Boar 1 Geo ge Kennedy, Pro-Tem o�� onstance L. Harbert C. W. Kirby 1,/ W. H. Webster Minutes - November 20, 1991 Page 4 RECORD OF PROCEEDINGS MINUTES BOARD OF SOCIAL SERVICES WELD COUNTY, COLORADO NOVEMBER 20, 1991 TAPE 1191-32 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 20, 1991, 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 Gordon E. Lacy, Chairman Commissioner George Kennedy, Pro-Tem - Excused Commissioner Constance L. Harbert Commissioner C. W. Kirby Commissioner W. H. Webster Also present: Weld County Attorney, Thomas O. 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 Social Services meeting of November 18, 1991, 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 $110, 704.53. Commissioner Webster moved to approve the warrants as presented by Mr. Warden. Commissioner Harbert 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 9:10 A.M. J APPROVED: ATTEST: I� �� /0/1a BOARD OF COUNTY COMMISSIONERS WELD COU , COLORADO Weld County Clerk to the Board Gor . L airman EXCUSED By. Kennedy,a Deputy Cler to the Board George Y. Pro-Tem 617149-14(te 4-- ``Constance L. Harberl«I{{{{.... 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