HomeMy WebLinkAbout941550 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SEPTEMBER 14, 1994
TAPE #94-36
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 14, 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, Carol Harding
Finance and Administration Director, Don Warden
MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board
of County Commissioners meeting of September 12, 1994, as
printed. Commissioner Harbert seconded the motion, and i.t
carried unanimously.
READING OF
ORDINANCE: Commissioner Kirkmeyer moved to read Emergency Ordinance No. 9-F
by tape in the ante-room. Seconded by Commissioner Hall, the
motion carried unanimously.
ADDITIONS: There were no additions to the agenda; however, Chairman Webster
noted a change in order. The first item of New Business was
moved to the last item of New Business, with the other items
being renumbered.
CONSENT AGENDA: Commissioner Baxter moved to approve the consent agenda as
printed. Commissioner Harbert seconded the motion, and it
carried unanimously.
PUBLIC INPUT: There was no public input offered.
WARRANTS: Don Warden, Director of Finance and Administration, presented
the following warrants for approval by the Board:
General Fund $ 137, 204. 65
Commissioner Kirkmeyer moved to approve -the warrants as
presented by Mr. Warden. Commissioner Hall seconded the motion,
which carried unanimously.
BIDS: RECEIVE BIDS AND CONDUCT OIL AND GAS AUCTION: Mr. Warden
explained the procedure to be followed and stated the bids were
opened by staff at 8:55 a.m. , and he said the top three bidders
on each parcel plus those within ten percent of the highest
bidder will be allowed to participate in an oral bid. He then
presented the bids received as follows:
941550
PARCEL NO. 1 (8.94 MINERAL ACRES) - S34, T5N, R66W: Mr. Warden
stated only one bid was received from Snyder Oil Corporation, in
the amount of $75 per mineral acre. Commissioner Hall moved to
approve said bid. Seconded by Commissioner Baxter, the motion
carried unanimously.
PARCEL NO. 2 (9.22 MINERAL ACRES) - Si, T5N, R66W: Mr. Warden
stated the sole bid was received from Snyder Oil Corporation, in
the amount of $75 per mineral acre. Commissioner Baxter moved
to approve said bid. Seconded by Commissioner Kirkmeyer, the
motion carried unanimously.
PARCEL NO. 3 (2.69 MINERAL ACRES) - Sl, T5N, R65W: Mr. Warden
stated the sole bid was received from Snyder Oil Corporation, in
the amount of $75 per mineral acre. Commissioner Hall moved to
approve said bid. Seconded by Commissioner Kirkmeyer, the
motion carried unanimously.
PARCEL NO. 4 (40 MINERAL ACRES) - 510, T3N, R63W: Mr. Warden
stated two bids were received: one from HS Resources, Inc. , in
the amount of $25 per acre, and one from Contex Energy Company,
in the amount of $10 per acre. The representative from Contex
Energy Company stated he did not wish to participate in an oral
bid beginning at $26 per acre. Commissioner Hall moved to
accept the bid from HS Resources, Inc. Seconded by Commissioner
Kirkmeyer, the motion carried unanimously.
PARCEL NO. 5 (80 MINERAL ACRES) - 510, T3N, R63W: Mr. Warden
stated two bids were received: one from HS Resources, Inc. , in
the amount of $25 per acre, and one from Contex Energy Company,
in the amount of $10 per acre. The representative from Contex
Energy Company stated he did not wish to participate in an oral
bid. Commissioner Hall moved to approve said bid. Seconded by
Commissioner Baxter, the motion carried unanimously.
PARCEL NO. 6 (40 MINERAL ACRES) - S10, T3N, R63W: Mr. Warden
reviewed the two bids received: HS Resources, Inc. for $25 per
acre, and Contex Energy Company for $10 per acre. The
representative from Contex Energy Company again declined to
participate in an oral bid. Commissioner Harbert moved to
accept the bid from HS Resources, Inc. , in the amount of $25 per
acre. Seconded by Commissioner Baxter, the motion carried
unanimously.
PARCEL NO. 7 (160 ACRES) - S24, T2N, R61W: No bids were
received.
PARCEL NO. 8 (160 ACRES) - S23, T2N, R61W: No bids were
received.
PARCEL NO. 9 (40 ACRES) - S14, T2N, R61W: No bids were
received.
PARCEL NO. 10 (160 ACRES) - S12, T3N, R61W: No bids were
received.
PARCEL NO. 11 (160 ACRES) - Si, T3N, R61W: No bids were
received.
PARCEL NO. 12 (80 ACRES) - Sil, T4N, R61W: No bids were
received.
PARCEL NO. 13 (40 ACRES) - Sll, T4N, R61W: No bids were
received.
Minutes - September 14, 1994
Page 2
PARCEL NO. 14 (80 ACRES) - S30, T9N, R56W: Mr. Warden stated
the sole bid was received from Cassandra Herbert, in the amount
of $10 per acre. Commissioner Harbert moved to accept said bid.
Seconded by Commissioner Hall, the motion carried unanimously.
PRESENT CONSTRUCTION OF BRIDGE 32.5/21B - PUBLIC WORKS
DEPARTMENT: Pat Persichino, Director of General Services, read
the names of the five vendors who submitted bids. Said bid will
be considered for approval on September 28, 1994.
PRESENT COURTHOUSE SECURITY - GENERAL SERVICES DEPARTMENT: Mr.
Persichino read the names of the four vendors who submitted
bids. Said bid will be considered for approval on September 28,
1994.
PRESENT SIGN MATERIALS - PUBLIC WORKS DEPARTMENT: Mr.
Persichino read the names of the 12 vendors who submitted bids.
Said bid will be considered for approval on September 28, 1994.
APPROVE COPIER MACHINE - HUMAN SERVICES DEPARTMENT: Mr.
Persichino requested said bid be continued to October 12, 1994,
to allow staff time to see demonstrations of each copier.
Commissioner Kirkmeyer moved to continue said bid to October 12,
1994, at 9:00 a.m. Seconded by Commissioner Hall, the motion
carried unanimously.
APPROVE CONSTRUCTION OF BRIDGE 23/74A - PUBLIC WORKS DEPARTMENT:
Mr. Persichino requested this bid be continued September 21,
1994. Commissioner Kirkmeyer moved to continue said bid to
September 21, 1994, at 9:00 a.m. Seconded by Commissioner Hall,
the motion carried unanimously.
APPROVE CONVECTION STEAMER - SHERIFF'S DEPARTMENT: Mr.
Persichino presented the Sheriff Department's recommendation for
acceptance of the bid from the low bidder. After discussion
concerning the benefit of having an extended warranty,
Commissioner Kirkmeyer moved to approve said bid, with the
optional one year extended warranty. Seconded by Commissioner
Hall, the motion carried unanimously.
BUSINHEH: CONSIDER DIVISION ORDER TO FRONTIER OIL AND REFINING COMPANY AND
AUTHORIZE CHAIRMAN TO SIGN - NE4SE,' S15, TON, R67W: Bruce
Barker, County Attorney, stated the percentage of ownership, as
purported in said division order, is correct and recommended
approval. Commissioner Baxter moved to approve said division
order and authorize the Chairman to sign. Seconded by
Commissioner Hall, the motion carried unanimously.
CONSIDER RESOLUTION RE: CREATION OF INTERAGENCY STRATEGIC
PLANNING COMMITTEE AND APPOINTMENT OF MEMBERS: Mr. Barker
explained this draft resolution, as well as the following item
of business, was drafted at the request of Judy Griego, the
Director of Social Services. Said committee will be in effect
for one year, and the draft resolution includes the goals and
directions for said committee. He said at the end of the one-
year period, the Board has the option to extend the committee
for a longer length of time. Commissioner Harbert moved to
approve said draft resolution. Seconded by Commissioner
Kirkmeyer, the motion carried unanimously.
Minutes - September 14, 1994
Page 3
CONSIDER RESOLUTION RE: CREATION OF MIGRANT HOUSING PROJECT
COMMITTEE AND APPOINTMENT OF MEMBERS: Mr. Barker stated this
draft resolution contains the appointment of eleven members to
said committee, as well as the goals and directions for the
committee. He noted one committee member will be a farmer, to
be identified at a later date. Commissioner Harbert moved to
approve said draft resolution. Commissioner Baxter seconded the
motion, which carried unanimously.
EMERGENCY ORDINANCE NO. 9-F, AMENDMENT TO WELD COUNTY INDIVIDUAL
SEWAGE DISPOSAL SYSTEM REGULATIONS: Mr. Barker stated this
amendment is necessary in order to redo the formula used as a
guide for determining the area necessary for total
evapotranspiration of septic tank effluent. He said Section Six
was redone in its entirety, and the emergency is necessary
because of the error made by the State Health Department in
establishing the formula to be used for calculations. No public
testimony was given in this matter. Mr. Barker noted 6.4 on
page three should be 6.3. Commissioner Harbert moved to approve
Emergency Ordinance No. 9-F, with the number change noted by Mr.
Barker. Seconded by Commissioner Baxter, the motion carried
unanimously.
CONSIDER PROTEST CONCERNING INVOICE FOR WEED ERADICATION
SERVICES BY PEST AND WEED DIVISION - GARTH L. GIBSON: Mr.
Barker stated pursuant to Section 35.5. 108(4) of State statutes,
the County may bill the landowner for weed eradication expenses.
The landowner then has the right of appeal before the Board of
County Commissioners. Mr. Barker suggested the Board hear Mr.
Gibson first, since this is an appeal of action taken by Weld
County, then hear staff comments afterward. Garth Gibson,
landowner, stated his basis of appeal is that he was not given
proper notification of the weed problem and he found out the
County had cut his weeds on July 20, 1994, when an individual
from Agland, Inc. went to his property to give him a price for
spraying the weeds. At that time he called Ron Broda, Pest and
Weed Department, who explained the sequence of mailings by which
an attempt was made to notify Mr. Gibson of the situation. Mr.
Gibson pointed out the first notice was mailed to an address in
Greeley, and apparently a later notice was returned to Mr. Broda
marked "not deliverable". Mr. Gibson said he has lived at his
present address for two and one-half years. Mr. Broda explained
the normal procedure followed by his department. Although the
property owner was listed as Mrs. Nashl.and when he checked the
Assessor's records, he was told the property may have recently
been sold; therefore, he called the Clerk and Recorder's Office
who informed him there was a deed recorded with the transfer to
Mr. Gibson, and the proper address was 1017 22nd Avenue, where
he mailed the first notice. Since the notice was not returned,
he assumed the notification requirements were met. After the
weeds were cut, a bill for services was sent by Certified Mail,
which was then returned by the Post Office. Eventually, Mr.
Broda found a listing for Mr. Gibson in the phone book and sent
the bill, again by Certified Mail, to that address. At that
point, Mr. Gibson called. Mr. Broda clarified the bill is for
$876. 75 and stated the weeds were mowed because they were too
far gone to be sprayed. In response to questions from the
Board, Mr. Barker explained State statute only requires
"personal notification, " which was attempted; however, Certified
Mail is not required. Mr. Barker stated in past conversations
with Mr. Broda it was determined Certified notices were not
cost-effective because of the great number of notices mailed.
In response to Commissioner Hall, Mr. Broda stated he does
normally attempt personal notification. In response to
Commissioner Harbert, Mr. Gibson stated he has never had a
residence or office at the 22nd Avenue address, the deed was
transferred on April 19, 1994, and, since he has an answering
Minutes - September 14, 1994
Page 4
machine, even a phone call would have prompted a return call to
the office. Mr. Gibson felt, since he can hire Agland for $5
per acre, the cost is excessive. He also doubted it took 16
hours to mow 70 acres. Mr. Broda stated the job was contracted
through the low bid and explained the length of time was because
of the rough ground created by old furrows which had to be
repeatedly driven over. Mr. Barker reiterated this is not a
matter of notice, but whether Mr. Gibson's property benefitted.
In response to a question from Mr. Baxter, Mr. Gibson stated if
he had received notice he would at least have been aware of his
options. As it stands, he had no choice. Commissioner Hall
stated he is concerned that our resolution granting entry on the
land stated the landowner received appropriate notice which
specified "the best available means for control or eradication
of said noxious weeds". Commissioner Harbert suggested the
price be negotiated, since the property was improved. Mr.
Webster pointed out that Mr. Gibson has quoted the price of $5
per acre several times; therefore, he suggested $350 as the
total price based on 70 acres. Mr. Gibson stated he would be
willing to pay $350, however, he suggested the Board review
their policy on the notification process. In response to
questions from the Board, Mr. Barker explained the Board should
set an amount that is fair and provide reasons to be used for
findings. Commissioner Hall moved to set the amount at $350.
He included in his motion Finding the property owner did not
receive proper notice and, therefore, had no opportunity to
rectify the problem; he also Found the property did benefit from
this action. The motion was seconded by Commissioner Baxter,
and carried unanimously.
PLANNING: CONSIDER RE #1636 - SCHOOL DISTRICT RE-8 AND FULTON IRRIGATION
DITCH COMPANY (CONT. FROM 09/07/94) : Todd Hodges, Department of
Planning Services, said there is no change in staff's previous
recommendation; however, he presented an updated memo from
Trevor Jiricek, Weld County Health Department, for the record.
Burl VanBuskirk, representing Fulton Irrigation Ditch Company,
stated the concerns of the Board have been addressed; the RE-8
School Board voted last night to approve the easement for the
leach field, although they did not approve the restriction on
future buildings on Lot B. Bob Gomez, Superintendent of School
District RE-8, responded to Commissioner Harbert's request
regarding the feelings of the School Board by explaining they
have not yet determined the future use and growth within the
area and they would like to keep their options open.
Commissioner Kirkmeyer reiterated her concerns regarding the
creation of another building site. Mr. Gomez stated the
district is working on a Long Term Strategic Plan; however, it
will not be completed for approximately six months. Mr.
VanBuskirk stated the building is now used by the district for
storage. Responding to Commissioner Kirkmeyer's direct
question, Mr. Gomez stated the district does not intend to use
the old school located on Lot B as a residence, nor does it
intend to sell it at this time. In response to Commissioner
Hall's questions, Mr. Gomez stated the district would like to
keep its options open for the property. Steve Brancucci,
President of Fulton Irrigation Ditch Company, explained he
requested the Recorded Exemption in order to give clear title to
a transfer which occurred in 1974; School District RE-8, the co-
applicant, supports Fulton in this application. There was no
public input offered in this matter. Mr. VanBuskirk stated the
easement will be recorded on the plat and included in the deed.
Commissioner Harbert moved to approve RE #1636 with the
Conditions of Approval as written, including the new memo
received from Mr. Jiricek in the record. Mr. Barker pointed out
the Conditions of Approval have been numbered #1 through #4, and
stated the wording of #2 has been changed to require the
easement for the leach field. Mr. Hodges clarified the current
Minutes - September 14, 1994
Page 5
#2 would become #2(a) . #2(b) would be added to read: "Show on
the plat the easement across and on Lot B for the future
expansion of the septic system servicing Lot A. " #2(c) would be
added to read: "Place the following note on the plat: "Note:
The property owner of Lot A shall have the right of ingress and
egress onto the septic system easement on Lot B for maintenance
and repairs to said septic system." Commissioner Hall
questioned whether mention should be made regarding the minimum
lot size required in the Subdivision Ordinance, since this is an
infraction of that requirement. Mr. Barker suggested part of
the motion be to exempt this parcel from that requirement, thus
allowing Lot A to be smaller and referenced Section 11.28.5 of
the Subdivision Ordinance. Responding to Commissioner
Kirkmeyer, Mr. VanBuskirk stated there is an existing access
which does have an easement agreement. The requirement for an
access agreement will be written by staff and become Condition
of Approval #5. Commissioner Kirkmeyer restated the motion as
follows: Approval of RE #1636, including Conditions of Approval
#1 through #4, after changing Condition #2 to #2(a) and adding
#2(b) , #2(c) , and #5; and exempting this parcel from Section
11.28.5 of the Subdivision Ordinance regarding minimum lot size.
Commissioner Baxter seconded the motion, as restated. The
motion then carried four to one, with Commissioner Hall voting
against the motion, stating this still creates an opening for a
new residence.
CONSIDER RE#1640 - LEAF: Mr. Hodges stated the applicant has
requested a one-week continuance. Commissioner Baxter moved to
continue this matter until September 21, 1994, at 9:00 a.m.
Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
CONSIDER RE #1645 - ALM: Mr. Hodges reviewed staff' s
conditional recommendation, with five proposed Conditions of
Approval. Wayne Alm, applicant, indicated he plans to build a
new residence on proposed Lot B in the future, while retaining
Lot A for a family member or farm worker. In response to
Commissioner Hall, he explained there is one access for each lot
and indicated a large portion of proposed Lot B is an abandoned
County gravel pit. Mr. Alm explained he presently lives on Lot
A and is attempting to provide future housing. Responding to
Commissioner Kirkmeyer, Mr. Alm stated the Conditions of
Approval are acceptable to him. There was no public comment
given. Commissioner Kirkmeyer moved to approve RE #1645, with
five Conditions of Approval as proposed. Seconded by
Commissioner Harbert, the motion carried.
RESOLUTIONS AND
ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. Emergency Ordinance No. 9-F was approved.
Let the minutes reflect that the above and foregoing actions
were attested to and respectfully submitted by the Acting Clerk
to the Board.
Minutes - September 14, 1994
Page 6
There being no further business, this meeting was adjourned at.
10:25 a.m.
APPROVED:
ATTEST: Wa444 BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, OLORADO
Weld County Clerk to the Board
W. eb ter, hair an
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Deputy C er to the Board Dale;'K. 'jH�11 ( /
George/C. Baxter
Con tance L. Harbert
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Barbara J. Kirkm er
Minutes - September 14, 1994
Page 7
RECORD OF PROCEEDINGS
MINUTES
BOARD OF SOCIAL SERVICES
WELD COUNTY, COLORADO
SEPTEMBER 14, 1994
TAPE #94-36
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 14, 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, Carol Harding
MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board
of Social Services meeting of September 12, 1994, as printed.
Commissioner Hall 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 $29, 482.64.
Commissioner Baxter 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
10:30 a.m.
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Weld County Clerk to the Board d/\-i/"'v IC�
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Webster, airman
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