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Home My WebLink About921492.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DECEMBER 14, 1992 TAPE #92-41 & #92-42 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 14, 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 Lacy moved to approve the minutes of the Board of County Commissioners meeting of December 9, 1992, as printed. Commissioner Harbert seconded the motion, and it carried unanimously. CERTIFICATIONS OF HEARINGS: Commissioner Lacy moved to approve the hearings conducted on December 14, 1992, as follows: 1) Annual Meeting of Windsor Shores Law Enforcement Authority; 2) Annual Meeting of Antelope Hills Law Enforcement Authority; 3) Annual Meeting of Beebe Draw Law Enforcement Authority; 4) Final Budget Hearing; 5) Special Review Permit for the expansion of a nonconforming use (church) in the A (Agricultural) Zone District, Rinn United Methodist Church; 6) Show Cause Hearing to consider revocation of USR #874, Phillip Camenisch; and 7) Amend Certain Sections of the Weld County Building Code Ordinance, Ordinance No. 119-K. Commissioner Kirby seconded the motion, and it carried unanimously. ADDITIONS: Added as Item #20 under New Business: Consider declaration of surplus property, approve Quit Claim Deed, and authorize Chairman to sign - Sam D. Reed, dba Reed Oil Company CONSENT AGENDA: Commissioner Lacy moved to approve the consent agenda as printed. Commissioner Harbert seconded the motion, and it carried unanimously. WARRANTS: Don Warden presented the following warrants for approval by the Board: General Fund $126,589.43 Commissioner Webster moved to approve the warrants as presented by Mr. Warden. Commissioner Lacy seconded the motion which carried unanimously. 921492- BIDS: APPROVE REMODELING OF YOUTH SHELTER HOME - FINANCE (CONT. FROM 11/30/92) : Mr. Warden requested this item be continued until late January, to allow staff further time for study and review. Commissioner Lacy moved to continue said bid to January 27, 1993 at 9:00 a.m. Seconded by Commissioner Kirby, the motion carried unanimously. BUSINESS: OLD: CONSIDER LICENSE FOR UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY WITH ROCKY MOUNTAIN RAILCAR AND RAILROAD, INC. , AND AUTHORIZE CHAIRMAN TO SIGN (CONT. FROM 11/30/92) : Bruce Barker, Assistant County Attorney, reviewed said license which requires Rocky Mountain Railcar and Railroad to upgrade and maintain said road to Weld County's standards, as well as post a sign at the entrance stating who is maintaining it and giving a phone number to call. Ron Maynard, President of Rocky Mountain Railcar and Railroad, Inc. , reviewed the history of this strip of property. He said they had a survey, and he thought a copy was submitted with the request. George Taoka, surrounding property owner, stated he does not have a problem with the agreement, but he would like to see the survey to verify the line used. Michael Corman, surrounding property owner, also requested a copy of the survey. After discussion, Commissioner Lacy moved to continue said matter to December 28, 1992 at 9:00 a.m. , to allow time for staff to obtain a complete copy of said survey. Seconded by Commissioner Harbert, the motion carried unanimously. Commissioner Kirby requested County Attorney staff to have the County Surveyor review this prior to December 28. NEW: CONSIDER WAIVING BID PROCEDURE AND APPROVING OIL AND GAS LEASE TO SOCO WATTENBURG CORPORATION - NWa 532, T2N, R66W: Lee Morrison, Assistant County Attorney, stated this parcel falls within the bid-exempt property guidelines. He explained Snyder Oil Company is requesting deletion of parts of Section 9, which requires the consent of Weld County prior to future assignments being processed. Christine Hunt, Snyder Oil Company, stated assignments are difficult to track when such a small acreage is being handled, and that is their reason for requesting the change. Tom David, County Attorney, stated it is difficult to track, but this is the only way the County has of knowing who is operating the well. After discussion, Commissioner Lacy moved to approve the standard lease without the requested change. Seconded by Commissioner Kirby, the motion carried unanimously. CONSIDER RENEWAL OF 3.2% BEER LICENSE FOR ISAURO AND HELEN CHAVEZ, DBA EL ROJO: Chairman Kennedy read the report from the Sheriff's Office stating there are no known violations at this establishment in the past year. Commissioner Lacy moved to approve said license. Seconded by Commissioner Kirby, the motion carried unanimously. CONSIDER 1993 DANCE LICENSE FOR ISAURO AND HELEN CHAVEZ, DBA EL ROJO: Commissioner Webster moved to approve said license. Seconded by Commissioner Lacy, the motion carried unanimously. CONSIDER INMATE TELEPHONE SERVICE AGREEMENT WITH U. S. WEST AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Warden stated this item, as well as the next item, is a routine agreement necessary for operation. Commissioner Lacy moved to approve said agreement and authorize the Chairman to sign. Seconded by Commissioner Kirby, the motion carried unanimously. CONSIDER INMATE TELEPHONE SERVICE AGREEMENT WITH AT&T AND AUTHORIZE CHAIRMAN TO SIGN: Commissioner Lacy movedto approve said agreement and authorize the Chairman to sign. Seconded by Commissioner Kirby, the motion carried unanimously. Minutes - December 14, 1992 Page 2 CONSIDER REQUEST TO SELL SURPLUS EQUIPMENT TO DANIEL J. TRELKA: Commissioner Lacy moved to approve said request. Seconded by Commissioner Kirby, the motion carried unanimously. CONSIDER CANCELLATION OF GENERAL FUND WARRANTS FOR NOVEMBER, 1992, IN THE AMOUNT OF $1,068.63: Commissioner Lacy moved to approve said cancellation. Seconded by Commissioner Kirby, the motion carried unanimously. CONSIDER RESOLUTION RE: DIRECTING CLERK TO THE BOARD TO HAVE PUBLISHED EMERGENCY ORDINANCE NO. 167-C, SUPPLEMENTAL APPROPRIATION FOR 1992: Mr. Warden explained State law requires supplemental appropriation ordinances be published prior to first reading; therefore, this will be published December 17, 1992 and read on December 21, 1992. Commissioner Webster moved to approve said Resolution. Seconded by Commissioner Kirby, the motion carried unanimously. CONSIDER MEMORANDUM OF AGREEMENT WITH WELD MENTAL HEALTH CENTER AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Warden explained the next six items are the contracts associated with outside agencies which were discussed during the budget hearings. The amounts are all identical to their prior year amounts. The Weld Mental Health Center contract is in the amount of $84, 931 and does not include psychiatric care. The psychiatric care contract will be completed later. Commissioner Harbert moved to approve said agreement and authorize the Chairman to sign. Seconded by Commissioner Webster, the motion carried unanimously. CONSIDER MEMORANDUM OF AGREEMENT WITH WELD COUNTY SENIOR CITIZEN COORDINATORS AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Warden stated this is in the amount of $11, 700. Commissioner Lacy moved to approve said agreement and authorize the Chairman to sign. Seconded by Commissioner Harbert, the motion carried unanimously. CONSIDER MEMORANDUM OF AGREEMENT WITH HUMANE SOCIETY OF WELD COUNTY AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Warden stated this is the third year of a five-year phase out. Commissioner Lacy moved to approve said agreement, in the amount of $41,233, and authorize the Chairman to sign. Seconded by Commissioner Kirby, the motion carried unanimously. CONSIDER MEMORANDUM OF AGREEMENT WITH ECONOMIC DEVELOPMENT ACTION PARTNERSHIP AND AUTHORIZE CHAIRMAN TO SIGN: Commissioner Harbert moved to approve said agreement, in the amount of $50,000, and authorize the Chairman to sign. Seconded by Commissioner Webster, the motion carried unanimously. CONSIDER MEMORANDUM OF AGREEMENT WITH CENTENNIAL DEVELOPMENT SERVICES, INC. AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Warden stated said agreement is in the amount of $70, 665. Commissioner Lacy moved to approve said agreement and authorize the Chairman to sign. Seconded by Commissioner Kirby, the motion carried unanimously. Minutes - December 14, 1992 Page 3 CONSIDER MEMORANDUM OF AGREEMENT WITH SCHAEFER REHABILITATION CENTER AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Warden stated said agreement is in the amount of $26,700. Commissioner Webster moved to approve said agreement and authorize the Chairman to sign. Seconded by Commissioner Harbert, the motion carried unanimously. CONSIDER RESOLUTION RE: 1993 AMOUNT TO BE PAID FOR THE INTERGOVERNMENTAL AGREEMENT WITH CITY OF GREELEY FOR ISLAND GROVE PARK MANAGEMENT SERVICES: Mr. Warden stated said amount for 1993 is $160,000 from the Conservation Trust Fund. (Changed to Tape #92-42. ) Commissioner Kirby discussed the possible ramifications of using lottery funds in a central area such as Greeley, instead of using them on a county-wide basis. After discussion, Commissioner Harbert moved to approve said amount. Seconded by Commissioner Lacy, the motion carried unanimously. SECOND READING OF ORDINANCE NO. 30-B, IN MATTER OF AMENDING WELD COUNTY ORDINANCE NO. 30 REGARDING GREELEY-WELD COUNTY AIRPORT AUTHORITY: Commissioner Lacy moved to continue this matter; however, the motion died due to the lack of a second. Mr. Morrison explained Ordinance No. 30-B creates a five-person Board, two County Commissioners, two City Councilpersons, and one individual jointly appointed by the two Boards. He passed out a proposal whereby a seven-member Board would be created: two County Commissioners, two City Councilpersons, one citizen appointed by the Board of County Commissioners, one citizen appointed by the City Council, and one citizen jointly appointed by both Boards. Under this proposal the three.members currently serving on the Airport Authority Board would be grandfathered in, with Mr. Heinze being the joint appointee. Commissioner Kirby questioned the mechanics of handling the appointments in this manner, since the Board is guaranteeing, in advance, what should be a decision of the Board being established. George Baxter, Commissioner-elect, stated the Commissioner-elects had attended the joint meeting, and the main discussion centered on having a seven-member Board instead of a five-member Board. Mr. Morrison pointed out the City Council is not willing to proceed in this matter without an action from the Board of County Commissioners which specifically names the Board members. After discussion, Commissioner Kirby moved to continue said matter to January 6, 1993 at 9:00 a.m. Commissioner Lacy seconded the motion. On roll call vote, the motion carried three to two, with Commissioners Webster and Harbert voting against the motion. FINAL READING OF ORDINANCE NO. 82-M, IN MATTER OF SETTING FEES FOR SERVICES PROVIDED BY WELD COUNTY HEALTH DEPARTMENT: Commissioner Lacy moved to read by title only. Seconded by Commissioner Kirby, the motion carried unanimously. Mr. David read the title of Ordinance No. 82-M. There was no public testimony given. Commissioner Lacy moved to approve Ordinance No. 82-M on final reading. Seconded by Commissioner Kirby, the motion carried unanimously. FINAL READING OF ORDINANCE NO. 84-N, IN MATTER OF SETTING FEES FOR SERVICES PROVIDED BY WELD COUNTY: Commissioner Lacy moved to read by title only. Seconded by Commissioner Webster, the motion carried unanimously. Mr. David read the title of said Ordinance. There was no public testimony offered. Commissioner Lacy moved to approve Ordinance No. 84-N on final reading. Seconded by Commissioner Webster, the motion carried unanimously. Minutes - December 14, 1992 Page 4 FINAL READING OF ORDINANCE NO. 136-G, IN MATTER OF SETTING AMOUNT OF PURCHASES WHICH MUST BE BY WRITTEN SEALED BIDS WITH TEN-DAY PERIOD FOR CONSIDERATION: Commissioner Lacy moved to read by title only. Seconded by Commissioner Webster, the motion carried unanimously. Mr. David read the title of said Ordinance. There was no public testimony offered. Commissioner Lacy moved to approve Ordinance No. 136-G on final reading. Seconded by Commissioner Webster, the motion carried unanimously. CONSIDER DECLARATION OF SURPLUS PROPERTY, APPROVE QUIT CLAIM DEED, AND AUTHORIZE CHAIRMAN TO SIGN, SAM D. REED, DBA REED OIL COMPANY: Mr. Morrison stated this is in the matter of LaSalle Superservice. He will turn over the Quit Claim Deed simultaneously with the deed from the Treasurer being received. It is scheduled for closing later this morning. Commissioner Lacy moved to declare said property surplus, and approve and authorize the Chairman to sign said Quit Claim Deed. Seconded by Commissioner Kirby, the motion carried unanimously. PLANNING: CONSIDER INCREASED FEE SCHEDULE FOR PROCESSING AND REVIEWING LAND-USE APPLICATIONS: This item was moved to the end of the agenda. CONSIDER EXTENSION OF TERM ON MEMORANDUM OF UNDERSTANDING - SIMPSON FARMS COMPANY: Chuck Cunliffe, Director of Planning Services, stated Mr. Simpson has requested a one year extension on their Memorandum of Understanding, to December 31, 1993. The Health Department has expressed some concerns regarding the containment pond. Mr. Simpson stated they would like one more year, due to last year being a mild winter. A more severe winter will let them better judge how the alligators will do. In regards to the concerns of the Health Department, he presented pictures to the Board showing no water is standing in the pit. He explained they dug out one portion to install a temporary screen. Commissioner Webster moved to approve the extension, subject to the Health Department concerns. Chairman Kennedy seconded the motion. After discussion, Commissioner Lacy moved to revise the motion by removing the part about the Health Department concerns. Commissioner Kirby seconded the revised motion. The revised motion, to approve an extension to December 31, 1993, carried four to one, with Commissioner Harbert voting against said motion. CONSIDER INCREASED FEE SCHEDULE FOR PROCESSING AND REVIEWING LAND-USE APPLICATIONS: Mr. Cunliffe said the Planning Commission, on December 1, 1992, recommended said increased fee schedule for land-use applications. There were only a couple of minor changes to coincide with the Subdivision Ordinance. Mr. Cunliffe is requesting an effective date of December 15, 1992, which would coincide with the effective date of the Subdivision Ordinance, Ordinance No. 173. Commissioner Lacy moved to approve said increased fee schedule as revised. Seconded by Commissioner Webster, the motion carried unanimously. RESOLUTIONS AND ORDINANCES: The Resolutions were presented and signed as listed on the consent agenda. Ordinance No. 30-B, scheduled for second reading, was continued to January 6, 1993. Ordinance Nos. 82-M, 84-N, and 136-G were approved on final reading. 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 Minutes - December 14, 1992 Page 5 APPROVED: ATTEST: F , ; BOARD OF COUNTY COMMISSIONERS hici , ;: WELD COUNTY, COLORADO , Weld County Clerk to the Board Ge7ge Kenned*, airman By: Are ,_av� nay r! i �✓Pit��-t�. Deputy Clerk' to the Board Constance L. Harber Pro-Tem C. W. Kirb Gordo cy, W. H. ebster Minutes - December 14, 1992 Page 6 RECORD OF PROCEEDINGS MINUTES BOARD OF SOCIAL SERVICES WELD COUNTY, COLORADO DECEMBER 14, 1992 TAPE #92-42 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 14, 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 Webster moved to approve the minutes of the Board of Social Services meeting of December 9, 1992, 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 $239,677.20. Commissioner Webster moved to approve the warrants as presented by Mr. Warden. Commissioner Harbert seconded the motion, which carried unanimously. NEW BUSINESS: CONSIDER HOUSING REHABILITATION APPLICATION FOR COLORADO DIVISION OF HOUSING WITH GUADALUPE CENTER AND YOUTH SHELTER HOME AND AUTHORIZE CHAIRMAN TO SIGN: Commissioner Harbert moved to approve said application and authorize the Chairman to sign. Seconded by Commissioner Webster, the motion carried unanimously. CONSIDER 1993 COMPENSATION PLAN AND AUTHORIZE CHAIRMAN TO SIGN: Dave Worden, Director of Personnel, stated that said plan approves a 2.5% salary increase for Social Services employees, in conjunction with all other county employees. The holidays and other conditions remain the same as for other county employees. Commissioner Lacy moved to approve said plan and authorize the Chairman to sign. Seconded by Commissioner Webster, 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: 10 A.M. APPROVED: ATTEST: /Iprl�y 7 ,.q, BOARD OF COUNTY COMMISSIONERS �v WELD COUNTY, COLORADO Weld County Clerk to the Board Ge a Ken edy, ' �z�Chairman dS By: `('y_.e tt a-Lc.„--„,„"1..., ��1p,a� C Lc_y! Deputy Cletto the Board Constance /L.. Harbert, Pro-Tem C. W. KKiby Gorac 7 W. H. Webste Minutes - December 14, 1992 Page 2 Hello