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Home My WebLink About941556.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO SEPTEMBER 26, 1994 TAPE #94-37 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, September 26, 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 September 21, 1994, as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. ADDITIONS: There were no additions to the agenda. CONSENT AGENDA: Commissioner Harbert moved to approve the consent agenda as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. COMMISSIONER COORDINATOR REPORTS: No reports were given today. PUBLIC INPUT: No public input was offered. WARRANTS: Don Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: General Fund $ 340, 605.00 Handwritten Warrants: General Fund $ 30, 000.00 Commissioner Hall moved to approve the warrants as presented by Mr. Warden. Commissioner Baxter seconded the motion, which carried unanimously. BIDS: EMERGENCY APPROVAL OF COURTHOUSE SECURITY - GENERAL SERVICES: Pat Persichino, General Services Director, stated this bid, as well as the following, are emergency bids. He stated this bid is for Courthouse security and recommended acceptance of the low bid for personnel costs from Front Range Security in the amount of $62,505. 12. Commissioner Baxter moved to approve said emergency bid, and Commissioner Hall seconded the motion. In response to a question from Commissioner Hall, Mr. Persichino explained the need for emergency approval is essentially for equipment buying. He stated the analysis and research are complete and meetings will begin with the Sheriff's Office and the Courts. The motion then carried unanimously. 941556 EMERGENCY APPROVAL OF SECURITY EQUIPMENT - GENERAL SERVICES: Mr. Persichino explained this bid will allow the purchase of the security equipment and recommended acceptance of the low bid from Security Defense Systems Corporation in the amount of $37,230.00. He stated the analysis has been completed and reiterated the need for emergency approval. Commissioner Kirkmeyer moved to approve said emergency bid, and Commissioner Baxter seconded the motion which carried unanimously. BUSINESS: NEW: CONSIDER CHANGING POLLING PLACES FOR NOVEMBER 8, 1994, GENERAL ELECTION: Mary Ann Feuerstein, Clerk and Recorder, explained the need to change three polling places. She stated the Courthouse can no longer be used due to security restrictions and inadequate parking, and the polling place must be moved to the Greeley City Hall; Brentwood School was used in August, however, school is now in session so the polling place must be moved to the Central Colorado Water Conservancy District building; the polling place originally at the Milliken Community Center must be moved to the Milliken Town Hall. Commissioner Hall moved to approve said changes, and Commissioner Kirkmeyer seconded the motion which carried unanimously. CONSIDER CONTRACT AND ADDENDUM TO CONTRACT WITH ROCKY MOUNTAIN PRODUCE LLC AND COLORADO GREENHOUSE LLC AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Warden stated this item of business, as well as the following, concern Community Development Block Grants received for road projects. He explained this contract is for improvements on Weld County Road 16, in the amount of $99,000, and the grant requires the County enter into a contract containing certain conditions with the benefitting company. Commissioner Kirkmeyer moved to approve said contract and authorize the Chairman to sign. The motion, seconded by Commissioner Hall, carried unanimously. CONSIDER CONTRACT AND ADDENDUM TO CONTRACT WITH LONGMONT FOODS AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Warden explained this Community Development Block Grant was in the amount of $192,500 for improvements on Weld County Road 24. Commissioner Kirkmeyer moved to approve said contract and authorize the Chairman to sign. Commissioner Harbert seconded the motion, which carried unanimously. CONSIDER DUST BLOWING COMPLAINT ON PROPERTY OWNED BY DAN OSTER - SE,' S3, T4N, R64W: Mr. Barker stated the dust blowing complaint was received from Margaret Roskop and Donna Allart, Brighton Soil Conservation Service, was contacted. He stated Ms. Allart reported no real evidence of dust blowing, and Ms. Allart's letter dated September 20, 1994, indicated Mr. Oster is doing everything he can to minimize dust blowing. Mr. Barker stated he spoke with Mr. Oster on Thursday and advised him that his procedures are sufficient; therefore, he recommended dismissal of said complaint. Commissioner Harbert moved to dismiss said complaint, and Commissioner Baxter seconded the motion. Mr. Barker confirmed for Commissioner Kirkmeyer that all parties had been notified, and the motion carried unanimously. FINAL READING OF ORDINANCE NO. 89-BB, AMENDMENTS TO ZONING ORDINANCE: Commissioner Hall moved to read said ordinance by title only, and Commissioner Kirkmeyer seconded the motion which carried unanimously. Mr. Barker read the title of said ordinance into the record, and no public testimony was offered. Commissioner Harbert moved to approve Ordinance No. 89-BB on final reading, and Commissioner Kirkmeyer seconded the motion which carried unanimously. Minutes - September 26, 1994 Page 2 PLANNING: CONSIDER RE #1651 - LORENZ: Todd Hodges, Department of Planning Services, stated the applicant has requested this matter be continued to October 3, 1994, due to new information which must be discussed with staff. Commissioner Hall moved to continue RE #1651 to October 3, 1994, at 9:00 a.m. , and Commissioner Baxter seconded the motion. After discussion, the motion carried unanimously. CONSIDER RE #1655 - HARRIS: Mr. Hodges entered Planning staff' s recommendation for denial into the record and clarified the map indicating the past divisions in the area, which included numerous recorded exemptions and lots created prior to zoning. He indicated the location of the accesses off Weld County Road 50 and stated approximately five or six residences currently access off the deeded right-of-way. Tom Hellerich, Attorney, represented the applicant and the Mendoza's who are interested in acquiring the 30-acre parcel to build a residence. He explained, prior to the Harrises purchasing the property, it had been owned by Ms. Mendoza's father since 1973, and she would like to keep the property in the family. Mr. Hellerich stated the soil is not designated as prime agricultural land and submitted supporting evidence for the record, including a soil classification sheet as Exhibit A; three photos of the subject property as Exhibits B, C, and D; an aerial photo of the area as Exhibit E; and a petition containing 58 signatures in support of the proposal as Exhibit F. Mr. Hellerich noted that Ron Miller, of the soil conservation service, also signed the petition and agreed the soil is not prime. Laura Mendoza, proposed purchaser of Lot B, stated the neighbors have no problem with the proposal and reiterated the property is not agricultural land. Mr. Hellerich submitted a note, on the back of a business card, from Jerry Alldredge, Cooperative Extension, as Exhibit G, which indicated the land is not prime and may not even be good for grazing. He stated there are no intentions for any uses other than agricultural and the applicants have complied with all requirements, indicating staff's recommendation for denial is a mis-statement. Responding to questions from the Board, Steve Harris, applicant, confirmed that he lives on Lot A, which is five acres. Robert Boren, previous owner of the subject property, stated the oil well has been on the property since 1986. He stated there is no irrigation water and nothing can he done with the land. Ms. Mendoza stated her family moved there when she was in the fourth grade and she would like to keep the property in the family. She reiterated all the property is good for is a residence and she plans to plant trees to prevent blowing and obtain Central Weld Water. No public testimony was offered; however, Ms. Mendoza indicated all persons in the audience were in support of the proposal. Mr. Hellerich reiterated the applicants have met all requirements and are in compliance with the Comprehensive Plan. He confirmed for Chairman Webster that no additional accesses onto Road 50 would be necessary, and Ms. Mendoza stated they would do whatever is necessary to comply. Mr. Hodges clarified that staff's determination concerning the ground is derived from the Soil Conservation Service's information and its potential is determined as if it had water. He stated staff is also concerned about piece-meal development in the area. Mr. Hodges confirmed the proposal is within Kersey's urban growth boundary and the Town had no objections. At the request of Commissioner Hall, Mr. Hellerich referred to Page 27 of the Comprehensive Plan and reiterated the reasons for compliance. Ms. Mendoza reiterated crops are impossible to produce due to the slope and the "sand-blow" soil. She confirmed for Chairman Webster the home would be built to access onto the existing easement. At the request of the Board, Mr. Hodges presented the Conditions of Approval, and Mr. Hellerich confirmed they are acceptable. Commissioners Kirkmeyer and Harbert objected to Condition of Approval #2, and after discussion, Mr. Barker read a revised Condition of Approval #2 into the record as follows: "Lot A and Lot B shall utilize the Minutes - September 26, 1994 Page 3 existing access onto Weld County Road 50. No additional accesses shall be allowed to each legal parcel." Commissioner Harbert stated this is a difficult decision; however, she moved to approve RE #1655 for Steve and Tracy Harris, with the change to Condition of Approval #2, and Conditions of Approval #1 and #3 as written. Commissioner Baxter seconded the motion and stated, even though staff has concerns, he feels the best use for this particular property is a building site with someone there to take care of it. Commissioner Hall agreed with Commissioner Harbert that this matter is difficult; however, he disagrees the proposal is consistent with the intent of the policies in the Comprehensive Plan. After stating further reasons, Commissioner Hall stated he would vote no. On a roll- call vote, the motion carried three to two, with Commissioners Hall and Kirkmeyer voting nay. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. Ordinance No. 89-BB was 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 9:40 a.m. 1 ® y/ APPROVED: ATTEST: /�t �.q.,/,/ idueln BOARD OF COUNTY COMMISSIONERS C ru�G7 WELD COUNTY, COLORADO Weld County Clerk to the Board •��/ 'f r 1/�d/J),r W. H. Webster, hair • By: L. i k „ -- Deputy Cl4 � k to the Board Dale K. Hall A.— , ;021ge EiBaxter Con tance L. Harbert be r eyr / Barbara J. Kir eyer Minutes - September 26, 1994 Page 4 RECORD OF PROCEEDINGS MINUTES BOARD OF SOCIAL SERVICES WELD COUNTY, COLORADO SEPTEMBER 26, 1994 TAPE 1194-37 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, September 26, 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 - EXCUSED Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Shelly Miller Director of Finance and Administration, Donald Warden MINUTES: Commissioner Baxter moved to approve the minutes of the Board of Social Services meeting of September 21, 1994, as printed. Commissioner Hall 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 $18, 924.36. Commissioner Hall moved to approve the warrants as presented by Mr. Warden. Commissioner Baxter 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 9:45 a.m. APPROVED: ATTEST: LeAlgettein BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO r Weld County Clerk to the Board I v 'A q �� , A 14.4., e ster, Ch it By: -'1iti.l iq )(- AI Ettii L__( ..) Deputy Clprk to the Board Dale/. Hall, Pro- m 4L F � .7 eor e &< Baxter Constance L. Harbert EXCUSED Barbara J. Kirkmeyer RECORD OF PROCEEDINGS MINUTES HOUSING AUTHORITY WELD COUNTY, COLORADO SEPTEMBER 26, 1994 TAPE #94-37 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, September 26, 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 - EXCUSED Also present: County Attorney, Bruce Barker Acting Clerk to the Board, Shelly Miller Finance and Administration Director, Don Warden MINUTES: Commissioner Hall moved to approve the minutes of the Housing Authority Board meeting of August 22, 1994, as printed. Commissioner Harbert seconded the motion, and it carried unanimously. BUSINESS: NEW: RECEIVE PUBLIC TESTIMONY ON AND CONSIDER APPROVAL OF PROPOSED CHANGE TO SECTION 8 ADMINISTRATIVE PLAN: Jim Sheehan, Housing Authority Director, stated the proposed change concerns the preference policy of the Section 8 Administrative Plan, which has been administered by the Housing Authority since 1981. He explained HUD requirements changed in 1988 and HUD is now proposing a preference for working families, which will allow them to receive an additional five points if they have been employed for at least twenty hours per week for nine of the previous twelve months. Mr. Sheehan reviewed the provisions of the Section 8 Program and stated only 21 percent of those receiving assistance are employed; hopefully, this change will encourage people to be employed. Ann La Plante, Colorado Rural Legal Services, reviewed the changes in HUD's policies since 1978 and stated concerns about assisting the less needy. She stated the period in which one applies for assistance and actually receives it can range from three to eighteen months. Ms. La Plante also noted local preference cannot overrule Federal preference requirements; therefore, the most needy may not be assisted. Ms. La Plante and Mr. Sheehan answered various questions from the Board, and Commissioner Harbert stated she agrees with the concept which encourages people to have jobs and contribute to their own well being. She stated there are jobs in Weld County and people need to take responsibility for themselves. Ms. La Plante noted Congress passed a bill allowing deductions for working people; however, it has never been funded. Mr. Sheehan stated there is more direction from HUD to support working families and there is a proposal requiring all participants to be documented U.S. citizens. He agreed an allowance needs to be made for the working poor and requested the Board act on the change to the plan. Melanie George- Hernandez, WIRS, stated she fully supports the proposal; however, she understands Ms. La Plante's concerns for the more needy. She stated, however, the plan should support itself and promote self-sufficiency. Ms. George-Hernandez stated people de 55„ HP- are trying to work and this change will help the working class . Ms. La Plante reiterated concern about people who qualify at the time of application but not at the time of opening. Mr. Sheehan agreed that the preference should be considered at the point one comes into the program; therefore, those recently laid off would not be penalized. Ms. La Plante also reiterated that Congress should be encouraged to fund the bill already passed which would allow deductions for working people and not penalize people for working once they are on the program. Commissioner Harbert moved to approve said change to the Section 8 Administrative Plan, and Commissioner Baxter seconded the motion which carried unanimously. CONSIDER EXTENSION OF HOME CONTRACT WITH COLORADO DEPARTMENT OF LOCAL AFFAIRS, DIVISION OF HOUSING, AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Sheehan noted this extension is needed to fund the housing rehabilitation program through December 31, 1994. He explained the extension is necessary due to delays brought about by the 49th Street project and problems with securing contractors. Commissioner Baxter moved to approve said extension and authorize the Chairman to sign. The motion, seconded by Commissioner Harbert, carried unanimously. CONSIDER FIRST AMENDMENT TO HOME CONTRACT WITH COLORADO DEPARTMENT OF LOCAL AFFAIRS, DIVISION OF HOUSING, AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Sheehan stated this amendment reallocates $60,000 from the rental rehabilitation category to the single- family owner-occupied rehabilitation program. He explained a large rehabilitation project did not materialize because the owner could not secure the additional matching funds. Therefore, the number of units rehabilitated under the Rental Program was reduced from twelve to five, while the number to be rehabilitated through the single-family owner-occupied program was increased from fifteen to nineteen. Commissioner Harbert moved to approve said amendment and authorize the Chairman to sign. The motion was seconded by Commissioner Hall, and it 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: 15 a.m. APPROVED: ATTEST: �� BOARD OF COUNTY COMMISSIONERS WELD COUN/ T/ COMMIS Weld County Clerk to the Board 19/ �l�/ taill-4 - W. H. Webster, Chairman By: - Deputy ler o the Boa d Dale , Hall, Pro em Georg . Baxter Constance L. Harbert EXCUSED _ Barbara J. Kirkmeyer Housing Authority Minutes - September 26, 1994 Page 2 Hello