HomeMy WebLinkAbout941476.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 25, 1994
TAPE #94-21
The Board of County Commissioners of Weld County, Colorado, met
in regular session in full conformity with the laws of the State
of Colorado at the regular place of meeting in the Weld County
Centennial Center, Greeley, Colorado, April 25, 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
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Shelly Miller
Finance and Administration Director, Don Warden
MINUTES: Commissioner Harbert moved to approve the minutes of the Board
of County Commissioners meeting of April 20, 1994, as printed.
Commissioner Kirkmeyer seconded the motion, and it carried
unanimously.
CERTIFICATIONS
OF HEARINGS: Commissioner Baxter moved to approve the hearing conducted on
April 20, 1994, as follows: 1) Amended Special Review Permit
for an agricultural service establishment (construction
business) in the A (Agricultural) Zone District, Droegemueller
Farm. Commissioner Hall seconded the motion, and it carried
unanimously.
ADDITIONS: Bruce Barker, County Attorney, added the following as Item #10
under New Business: Consider Transfer of Mineral Reclamation
Permit and Succession of Operators Application Package and
authorize Chairman to sign necessary documents - 83rd Avenue
Pit.
Commissioner Hall added the following as Item #11 under New
Business: Consider National Day of Mourning on Wednesday,
April 27, 1994, for President Nixon.
CONSENT AGENDA: Commissioner Harbert moved to approve the consent agenda as
printed. Commissioner Kirkmeyer seconded the motion, and it
carried unanimously.
COMMISSIONER
COORDINATOR
REPORTS: There were no reports given today.
PUBLIC INPUT: No public input was offered.
941476
WARRANTS: Don Warden, Director of Finance and Administration, presented
the following warrants for approval by the Board:
General Fund $ 271,833.43
Handwritten Warrants:
Payroll Fund $ 3, 007.04
Commissioner Baxter moved to approve the warrants as presented
by Mr. Warden. Commissioner Hall seconded the motion, which
carried unanimously.
BIDS: PRESENT YOUTH SHELTER ARCHITECT AND ENGINEERING SERVICES -
GENERAL SERVICES: Mr. Warden read the names of the vendors into
the record and indicated said bid would be considered for
approval on May 9, 1994.
BUSINESS:
NEW: CONSIDER TWO TAX ABATEMENT PETITIONS FROM SNYDER OIL CORPORATION
AND AUTHORIZE CHAIRMAN TO SIGN: Warren Lasell, Assessor,
indicated his recommendation for approval and explained the
agent had submitted values for two wells on one declaration
schedule for 1993, in the amount of $377, 700. He explained that
value was placed on Parcel 1 and the value from 1992 was carried
forward for Parcel 2, with both actions being erroneous.
Therefore, one-half of the value was put on each parcel and the
1992 value was removed. Mr. Lasell indicated the net abatement
should be $8,901.30, with the abatement for Parcel 1 being
$13, 715.80 and correcting the value for Parcel 2 by adding one-
half of the value originally on Parcel 1 and subtracting the
1992 production value erroneously carried forward. Mr. Lasell
confirmed for Mr. Barker that Mr. Ramsey, Snyder Oil,
understands there are two different petitions, and that Snyder
owes on one and the County owes on the other. Mr. Barker
indicated the second well would actually go through a correction
process, and the combination of the two would be an abatement on
Parcel 1. Mr. Lasell referred to the fourth paragraph of his
memo to the Board, and Chairman Webster confirmed an abatement
of $8,901.30 would correct both matters. Commissioner Kirkmeyer
moved to approve said petitions and authorize Chairman to sign.
After further explanation, Commissioner Baxter seconded the
motion which carried unanimously.
CONSIDER PURCHASE OF SERVICES AGREEMENT BETWEEN ROBERT FRAGER
AND HEALTH DEPARTMENT AND AUTHORIZE CHAIRMAN TO SIGN: John
Pickle, Health Department Director, explained the need exists
for a pharmacist to distribute drugs at the clinics. Mr. Pickle
recommended approval of said agreement and indicated no problems
with Robert Frager's service in the past years. The term of
this agreement is January 1, 1994, through December 31, 1994, at
$110 per month for a total of $1,320. Commissioner Baxter moved
to approve said agreement and authorize the Chairman to sign.
Commissioner Kirkmeyer seconded the motion, which carried
unanimously.
CONSIDER REQUEST FROM NURSING DIVISION OF HEALTH DEPARTMENT TO
PROVIDE ADDITIONAL SERVICES TO COMMUNITY: Mr. Pickle stated
this request is to add PPD, clinic, and birth control to the
services provided to the community. Mr. Pickle explained the
proposed additional services and fees and recommended approval.
In response to a question from Commissioner Harbert, Mr. Pickle
explained Codes 1 through 5 indicate the client's ability to pay
on a sliding fee scale. Commissioner Kirkmeyer moved to approve
said request, and Commissioner Harbert seconded the motion which
carried unanimously.
Minutes - April 25, 1994
Page 2
CONSIDER 1994 AIR QUALITY CONTROL CONTRACT BETWEEN COLORADO
DEPARTMENT OF HEALTH, AIR POLLUTION CONTROL DIVISION, AND HEALTH
DEPARTMENT AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Pickle indicated
the Health Department manages the air program in Weld County for
the State, which is the most cost-efficient way to handle the
program. The term of the contract is January 1, 1994, through
December 31, 1994, with State funding not to exceed $35, 161.
Commissioner Baxter moved to approve said contract and authorize
the Chairman to sign. Commissioner Kirkmeyer seconded the
motion, and it carried unanimously.
CONSIDER RYAN WHITE CONTRACT BETWEEN COLORADO DEPARTMENT OF
HEALTH AND HEALTH DEPARTMENT AND AUTHORIZE CHAIRMAN TO SIGN:
Mr. Pickle explained this contract is for services to HIV-
infected people in Weld County, Morgan County, and Larimer
County. He recommended the Board approve said contract to allow
continued services in the three counties. The term of said
contract is April 1, 1994, through March 31, 1995, in an amount
not to exceed $93, 615, with $41,024 to be sub-contracted to
Northern Colorado AIDS Project. Commissioner Harbert moved to
approve said contract and authorize the Chairman to sign.
Commissioner Kirkmeyer seconded the motion, which carried
unanimously.
CONSIDER RENEWAL OF 3.2% BEER LICENSE FOR LEO K. WARDMAN, DBA
LEO'S HUT, AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Barker indicated
there were no violations at this establishment in the past year.
Commissioner Hall moved to approve said renewal and authorize
the Chairman to sign. The motion was seconded by Commissioner
Kirkmeyer and carried unanimously.
CONSIDER CANCELLATION OF GENERAL FUND WARRANTS IN THE AMOUNT OF
$29, 106. 12 FOR JANUARY, FEBRUARY, AND MARCH 1994: Commissioner
Hall moved to approve said cancellation, and Commissioner
Kirkmeyer seconded the motion which carried unanimously.
CONSIDER MUTUAL AID AGREEMENT BETWEEN WINDSOR/SEVERANCE FIRE
PROTECTION DISTRICT AND AMBULANCE SERVICE AND AUTHORIZE CHAIRMAN
TO SIGN: Mr. Barker explained agreements have been established
between various fire protection districts and the Ambulance
Service to allow the districts to assist and drive for the
Ambulance Service. Commissioner Hall moved to approve said
agreement and authorize the Chairman to sign. Commissioner
Baxter seconded the motion, and it carried unanimously.
CONSIDER FINANCE LEASE BETWEEN GE CAPITAL MODULAR SPACE AND
HUMAN RESOURCES AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Warden
explained this lease is for the Head Start modular located at
the Gilcrest school site. He explained the options were a
balloon payment or an extension of the lease payments, and Human
Resources recommended the extension of payments. Mr. Warden
indicated there would be less reimbursement if the purchase
option was used; therefore, the extension would be the best
long-term financial plan. Commissioner Harbert moved to approve
said lease and authorize the Chairman to sign. The motion,
seconded by Commissioner Baxter, carried unanimously.
CONSIDER TRANSFER OF MINERAL RECLAMATION PERMIT AND SUCCESSION
OF OPERATORS APPLICATION PACKAGE AND AUTHORIZE CHAIRMAN TO SIGN
NECESSARY DOCUMENTS - 83RD AVENUE PIT: Mr. Barker stated this
matter pertains to the 83rd Avenue Pit, which is next to the
Herbst Pit. Lease agreements on both pits were entered into in
April of 1990; however, Weld County is not presently mining the
83rd Avenue Pit. Mr. Barker further explained gravel from the
Herbst Pit has been piled near the 83rd Avenue Pit, which
resulted in a violation against Hall-Irwin Construction. After
conferring with Hall-Irwin Construction and the Mined Land
Reclamation Division, it was determined the best solution would
be to transfer the 83rd Avenue Pit to Weld County since it will
be doing the mining. George Cicoff, Public Works
Director, indicated there are two documents concerning the
transfer, a performance warranty, and an amended mining plan.
Mr. Warden commented on the Board's decision last year to leave
Minutes - April 25, 1994
Page 3
the pit with Hall-Irwin Construction because of water storage.
After further discussion, Commissioner Kirkmeyer moved to
approve said documents and authorize the Chairman to sign any
necessary documents. Commissioner Harbert seconded the motion,
which carried unanimously.
CONSIDER NATIONAL DAY OF MOURNING ON WEDNESDAY, APRIL 27, 1994,
FOR PRESIDENT NIXON: Commissioner Hall indicated President
Clinton has declared April 27, 1994, as a National Day of
Mourning for former President Nixon. He said the State is not
closing offices but is observing the day; therefore, the County
should do the same. Commissioner Hall so moved, and
Commissioner Kirkmeyer seconded the motion which carried
unanimously.
PLANNING: CONSIDER ROAD IMPROVEMENTS AND MAINTENANCE AGREEMENT WITH
CONQUEST OIL COMPANY AND AUTHORIZE CHAIRMAN TO SIGN: Gloria
Dunn, Planning Department representative, entered staff's
recommendation for approval into the record. In response to a
question from Chairman Webster, Ms. Dunn said the amount of the
agreement would be $24,000 over eight years, with the account
being held by the applicant. Commissioner Kirkmeyer indicated
both Lee Morrison, Assistant County Attorney, and Drew
Scheltinga, County Engineer, have reviewed the agreement and
found no problems. Mr. Scheltinga indicated the amount will
more than cover the overlay costs. Ms. Dunn explained the date
for the upgrade is uncertain since the road is already paved.
Commissioner Kirkmeyer said the road would only be overlaid and
it would probably be in the next four to six years. Mr. Warden
said there may be a question about the County's right to access
the funds if a bankruptcy ever occurred. Mr. Barker indicated
that would be a risk, but Weld County could be deemed as a
creditor; however, it would be an unsecured creditor. Dale
Butcher, Conquest Oil Company, confirmed the agreement concerned
approximately three-quarters of a mile. He explained, when the
agreement was drafted, it seemed easier for all involved to
leave the funds in one account; however, Conquest will comply
with whatever the County desires to secure the funds. Mr.
Barker suggested the funds be escrowed or a dual signature
security agreement be entered into. Mr. Butcher indicated he
preferred the easiest and least expensive procedure. Mr. Barker
stated there would be a fee for an escrow account; however, it
would be the safest. Mr. Warden indicated the Clerk to the
Board's Office has accounts set up for similar agreements, with
the interest to be paid to the applicant. Mr. Butcher said he
would prefer the funds go to the County, and Mr. Warden
clarified it would be paid to the Clerk to the Board.
Commissioner Kirkmeyer noted that Condition #3a would have to be
changed, and Mr. Barker suggested adding ". . .in an account held
by Weld County Clerk to the Board. . . " and deleting ". . .in a
separate account established by Conquest. . .". Mr. Warden
suggested the language also reflect that all interest be paid to
Conquest. Mr. Butcher indicated the language would be
agreeable. Commissioner Harbert moved to approve said
agreement, as amended, and authorize the Chairman to sign. The
motion, seconded by Commissioner Hall, carried unanimously.
CONSIDER CHANGING A CONDITION OF APPROVAL FOR RE #1503 - CHASE
AND BAXTER INVESTMENTS: Greg Thompson, Planning Department
representative, entered staff's recommendation for approval into
the record. He explained the applicant desires to change
Condition of Approval #4 and recommended the wording change as
well as adding Condition of Approvals #6 and #7. Mr. Thompson
indicated, after speaking with the applicants this morning, they
desire to maintain Condition of Approval #4, which concerns the
existing access, and also to have the option of building a
bridge across the Little Thompson River with an ingress-egress
easement across Lot B. Mr. Thompson confirmed there would be
one new access; however, the road has not been inspected for
site distance because the access was not proposed last July when
RE #1503 was granted. Larry Intermill, Intermill Land
Surveying, explained they would like to have the option to
Minutes - April 25, 1994
Page 4
pursue the existing access in case of problems obtaining a Flood
Hazard Development Permit for the bridge. He said the bridge
would be the most economically feasible way to achieve the
access and assured the Board the site distance would not be a
problem. Mr. Intermill indicated the land owner to the north
did not dispute the access as it exists; however, he is not
willing to sign any documents to allow the access to become a
full residency access. Commissioner Hall confirmed that if the
access were obtained as residence there would be no need for the
bridge and vice versa. Mr. Intermill said they have been
negotiating with the neighbor; however, the bridge would be
cheaper than litigation to obtain the residence access. No
public testimony was offered concerning this matter. Further
discussion ensued and Mr. Thompson suggested additional language
to Condition of Approval #6. Mr. Barker indicated an additional
agreement or grant easement should be recorded separately from
the plat and a referral should be made to the Public Works
Department for site distance; therefore, he suggested the matter
be continued. After further discussion, Mr. Intermill indicated
a continuance would interrupt their progress and agreed to work
with Public Works. Gil Chase, applicant, reiterated he has
tried to work with the neighbor to the north; however, the
neighbor will not sign anything. He explained the access to
Weld County Road 7 could be moved north or south, at the
direction of Public Works; however, they would like to press on.
Mr. Barker then suggested the Conditions of Approval provide an
easement; an option to the north and south; and, if the option
is to the south across Lot B, the access point be approved by
Public Works. Mr. Chase indicated that would be agreeable.
Commissioner Baxter moved to approve said request with the Mr.
Barker's suggested changes to the wording. Commissioner Harbert
seconded the motion, and it 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.
There being no further business, this meeting was adjourned at
9:50 a.m.
AWAPPROVED:
ATTEST: � BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,CO ORADOI /�
Weld County Clerk to the Board b ./
�/J,l' ✓1��J
n � W. H. Web to hai man
By: S hw K � / ✓Iliw
Deputy Clek to the Board Da /K. all �'
George/R. Baxter
(J� l/ fryt F
Constance L. Harbert
Ba ara J. Kirkm er O
Minutes - April 25, 1994
Page 5
RECORD OF PROCEEDINGS
MINUTES
BOARD OF SOCIAL SERVICES
WELD COUNTY, COLORADO
APRIL 25, 1994
TAPE #94-21
The Board of County Commissioners of Weld County, Colorado, met
in regular session as the Board of Social Services in full
conformity with the laws of the State of Colorado at the regular
place of meeting in the Weld County Centennial Center, Greeley,
Colorado, April 25, 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
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Shelly Miller
Director of Finance and Administration, Donald Warden
MINUTES: Commissioner Hall moved to approve the minutes of the Board of
Social Services meeting of April 20, 1994, as printed.
Commissioner Kirkmeyer seconded the motion, and it carried
unanimously.
WARRANTS: Don Warden, Director of Finance and Administration, presented
the warrants for approval by the Board in the amount of
$41,472.30. Commissioner Hall 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
9:55 a.m.
APPROVED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, C LORADO
Weld County Clerk to the Board
W. ebster, C airman
7
BY: cQ l � vl�X C V
Deputy Cl k to the Board Dale . Hall, P o-T
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orr e E/Baxter
Co3tance L. Harbert 2
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O Barbara J. Kirkmeyer
RECORD OF PROCEEDINGS
MINUTES
HOUSING AUTHORITY
WELD COUNTY, COLORADO
APRIL 25, 1994
TAPE 1/94-21
The Board of County Commissioners of Weld County, Colorado, met
in regular session as the Housing Authority Board in full
conformity with the laws of the State of Colorado at the regular
place of meeting in the Weld County Centennial Center, Greeley,
Colorado, April 25, 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
Also present:
County Attorney, Bruce Barker
Acting Clerk to the Board, Shelly Miller
Finance and Administration Director, Don Warden
MINUTES: Commissioner Baxter moved to approve the minutes of the Housing
Authority Board special meeting of April 4, 1994, as printed.
Commissioner Kirkmeyer seconded the motion, and it carried
unanimously.
NEW BUSINESS: CONSIDER INTERGOVERNMENTAL AGREEMENT FOR HOUSING REHABILITATION
PROGRAM WITH TOWN OF EATON AND AUTHORIZE CHAIRMAN TO SIGN: Jim
Sheehan, Housing Authority Director, explained this agreement
will allow Eaton residents to participate in programs for rental
rehabilitation and single-family housing. Commissioner Hall
moved to approve said agreement and authorize the Chairman to
sign. The motion, seconded by Commissioner Kirkmeyer, carried
unanimously.
CONSIDER HUD SECTION 8 VOUCHER ESTIMATES OF TOTAL REQUIRED
ANNUAL CONTRIBUTIONS FOR 1994 AND AUTHORIZE CHAIRMAN TO SIGN:
Mr. Sheehan explained the renewal authority voucher replaces the
contract authority voucher. He indicated the total anticipated
contributions required for the voucher program is $941, 775,
which was encompassed in the 1994 budget. Commissioner Hall
moved to approve said estimates and authorize the Chairman to
sign. Commissioner Kirkmeyer 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.
CC; 35; HA
There being no further business, this meeting was adjourned at
10:00 a.m.
LeiffieAPPROVED:
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ATTEST: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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Weld County Clerk to the Board /
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By: 0(J, KMthLiil \4
Deputy C Ierk to the Board Da e .Hall, r - m
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George . Baxter
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Constance L. Hare
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Minutes - April 25, 1994
Page 2
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