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HomeMy WebLinkAbout941428.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JANUARY 26, 1994 TAPE #94-06 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, January 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: Weld County Attorney, Bruce T. Barker Acting Clerk to the Board, Shelly Miller Finance and Administration Director, Don Warden MINUTES: Commissioner Hall moved to approve the minutes of the Board of County Commissioners meeting of January 24, 1994, as printed. Commissioner Harbert seconded the motion, and it carried unanimously. READING OF ORDINANCE: FIRST READING OF ORDINANCE NO. 88-G BY TAPE: Commissioner Kirkmeyer moved to read Ordinance No. 88-G by tape, and Commissioner Baxter seconded the motion which carried unanimously. ADDITIONS: There were no additions to today's agenda. CONSENT AGENDA: Commissioner Baxter moved to approve the consent agenda as printed. Commissioner Harbert seconded the motion, and tt carried unanimously. PRESENTATIONS: RECOGNITION OF SERVICES - RAYMOND MORA, BOARD OF ADJUSTMENT: Chairman Webster read the certificate into the record recognizing Raymond Mora for his six years of service on the Board of Adjustment. Mr. Mora was not present to accept said plaque. RECOGNITION OF SERVICES - MICHAEL THOMAS, BOARD OF ADJUSTMENT: Chairman Webster read the certificate into the record recognizing Michael Thomas for his three years of service on the Board of Adjustment. Mr. Thomas was not present to accept said plaque. RECOGNITION OF SERVICES - DOUG MELBY, UTILITIES COORDINATING ADVISORY COMMITTEE: Chairman Webster read the certificate into the record and presented it to Mr. Melby for his seven years of service on the Utilities Coordinating Advisory Committee. 941428 PUBLIC INPUT: There was no public input. WARRANTS: Don Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: General Fund $ 156, 184.70 Payroll Fund $ 26, 003.50 Commissioner Baxter moved to approve the warrants as presented by Mr. Warden. Commissioner Kirkmeyer seconded the motion, which carried unanimously. BIDS: PRESENT 1994 GRADER BLADES - ROAD AND BRIDGE DEPARTMENT: Mr. Warden read the names of the vendors into the record and indicated the bids would be considered for approval on February 9, 1994. APPROVE ARCHITECT AND ENGINEERING SERVICES - CENTENNIAL PLAZA: Mr. Warden recommended approval of the low bid from Bley Associates/Architects at 4.5 percent of the project cost. Commissioner Kirkmeyer moved to approve said bid as recommended, and Commissioner Hall seconded the motion which carried unanimously. APPROVE TRAFFIC PAINT - ROAD AND BRIDGE DEPARTMENT: Mr. Warden stated the letter from Dave Becker, Assistant Director of the Road and Bridge Department, recommended the low bid by item from Sherwin Williams for yellow paint, glass beads, and naphtha thinner, for a total amount of $52,248.75; and the low bid by item from Centerline Industries for white paint and lacquer thinner, for a total amount of $30,214.65, for a grand total of $82, 463.40. Commissioner Baxter moved to approve said bid as recommended, and Commissioner Harbert seconded the motion. After further clarification, the motion carried unanimously. APPROVE 1994 SHOT ROCK - ROAD AND BRIDGE DEPARTMENT: Mr. Warden said the only bid received was from Colorado Lein Company, which Mr. Becker recommended for approval. The price per ton using the vendor's loader and trucks would be $14.60, and the price per ton using the vendor's loader and the County's trucks would be $7.65. Commissioner Kirkmeyer moved to approve said bid as recommended, and Commissioner Harbert seconded the motion. Mr. Becker confirmed for Commissioner Hall that the bid is in line and a minimal amount of rock will be purchased. The motion then carried unanimously. BUSINESS: NEW: CONSIDER INFORMATION SERVICES SECTION OF ADMINISTRATIVE MANUAL: Mr. Warden stated this section of the manual required revision since SCT Corporation has been contracted for computer services. He said the section has been reviewed by SCT, the Governance Committee, and the Board. Users' suggestions have been incorporated through the governance process. Commissioner Kirkmeyer moved to approve said section, and Commissioner Hall seconded the motion which carried unanimously. CONSIDER RESOLUTION RE: LIST OF PERSONS WITH LABOR RELATIONS AND/OR LEGAL BACKGROUNDS FOR WELD COUNTY GRIEVANCE BOARD: Mr. Barker explained Section 2.c. of the Grievance Hearing Process provides for the Board to appoint available members to the Grievance Board. He indicated said persons must have labor relations and/or legal backgrounds and stated the following persons would be available: Don Hoff, Lynn Karowsky, Jacqueline Johnson, and Thomas David. Commissioner Harbert moved to approve said resolution, and Commissioner Kirkmeyer seconded the motion which carried unanimously. Minutes - January 26, 1994 Page 2 CONSIDER SALE OF TAX SALE CERTIFICATE TO QUALITY DOOR, INC. : Mr. Barker indicated property was received in 1987 through Tax Sale Certificate #f87-01742/88. The property is on railroad right-of-way in or on the edge of Windsor and has been vacant for seven or eight years. Mr. Barker explained that Mr. Warden had requested him to set up a system to sell the property and Quality Door, Inc. , was interested. He explained the County would sell the Certificate, then the buyer would apply for the Treasurer's Deed. Mr. Warden indicated the County has had the opportunity to have the tax deed; however, there have been interested parties intermittently for three years, including the Town of Windsor, with Quality Door being the first interested party to go through with acquiring said property. Mr. Barker said the amount is $13, 105.45, which represents the total amount due and payable on said Tax Sale Certificate through January 31, 1994, excluding the 1993 taxes for the property, which cannot be included until they become delinquent in May. Debbie Bertsch, Vice President of Quality Door, Inc. , said the building would be used strictly for a warehouse. Commissioner Harbert moved to approve said sale, and Commissioner Baxter seconded the motion which carried unanimously. CONSIDER EVIDENCE OF COVERAGE AND OWNER'S MANUAL SIGNATURE SHEET WITH TAKECARE OF COLORADO, INC. , AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Warden stated this document must be signed annually with the renewal of health coverage. He reviewed the new rates, which are $144.29 for employee only and $398.24 for family coverage, and other changes in the new Plan 9T. Commissioner Webster questioned the effect of the merger with another firm. Mr. Warden said the merger had not been finalized; however, the policy would remain the same after the merge is final. He also indicated this is the third merger. Commissioner Hall moved to approve said signature sheet and authorize the Chairman to sign. The motion, seconded by Commissioner Kirkmeyer, carried unanimously. FIRST READING OF ORDINANCE NO. 88-G, IN MATTER OF REPEALING AND RE-ENACTING ORDINANCE NOS. 88-D, 88-E, AND 88-F, REGULATING THE RUNNING AT-LARGE OF DOGS; PROHIBITING LOUD, PERSISTENT, AND HABITUAL NOISE BY DOGS; PROVIDING FOR SEIZURE, IMPOUNDING, AND OTHER DISPOSITION THEREOF; AND PROVIDING FOR FINES AND PENALTIES FOR VIOLATIONS: Mr. Barker stated the proposed amendments were made at the request of the Board to provide for control and necessary action concerning barking dogs. He explained the conviction and penalty assessment amounts and Section 3.c. , which provides authority for enforcement to enter onto the property if necessary after 72 hours for impoundment. Mr. Warden confirmed for the record that the reading by tape had been completed. Sheriff Ed Jordan indicated he had researched the impact of this ordinance as directed in the work session in November. He explained the program of servicing letters for the first offense and indicated a response would still be necessary, which would take additional time. Sheriff Jordan also stated collars are available to help control barking dogs at a cost of $100 each. He indicated Larimer County Humane Society's budget is $150, 000 and a raise is being considered; Weld County's budget is only $84,000, with $41,000 for housing dogs and the remaining for 60 hours of officer time per week. He said calls are backlogged for two to three days and recommended an additional 20 hours per week minimum which would increase the budget by $10,000. Sheriff Jordan encouraged prioritization of animal control concerning barking or at-large dogs and stated the backlog is causing problems with the CAD system. He suggested advertisement of the existence of the ordinance if passed, which would result in more compliance; however, it could also result in more demand. Responding to questions from the Board, Sheriff Jordan indicated legal action through court would be the only other means of enforcement if the ordinance were not passed. Discussion ensued concerning covenants in subdivisions regarding barking dogs. Dick Branecki, Northmoor Acres Minutes - January 26, 1994 Page 3 Subdivision, said Northmoor's covenants are 20 years old and it would take 95 percent agreement to change them, which would be impossible. He asked the Board to pass the revised form of Ordinance 88-G so people would accept responsibility for their animals and be considerate of others' peaceful enjoyment in their own homes. Commissioner Harbert said she feels there is no other recourse and stated she is in favor of passage. Commissioner Hall questioned the difference between Sections 9 and 10 concerning the conviction fees and penalty assessment fees. Mr. Barker explained the difference and said 50 to 75 percent will pay the penalty assessment rather than going to court. He suggested changing the language in Section 4 by replacing the words "picking up" with the word "impounding"; and adding the following language in Section 5 after the words ". . . having control of the dog": . . , or apprehended pursuant to the provisions of Section 3.c. of this Ordinance, . . . . Mr. Barker noted said changes should be made prior to publication and the second reading. Commissioner Hall questioned the options concerning the fourth conviction and stated he feels one should not be put in jail for a barking dog. Mr. Barker said there is no statute of limitations concerning the issue; however, he indicated the court would probably not be inclined toward imprisonment. Concerning Section 3.c. , Commissioner Hall stated it is not right to take a barking dog away from the owner's property without the owner being notified, if the dog is not harming anyone. He stated concerns about Section 7 regarding the 72-hour policy. Commissioner Harbert agreed such dogs should be protected from euthanization. In response to a question from Chairman Webster, Sheriff Jordan indicated the City of Greeley's ordinance is enforced by the Humane Society and does use the 72-hour policy. Mr. Warden stated he believes certain dogs would be held for a longer time period, depending on each particular case. Cruelty to animals was discussed, and Sheriff Jordan clarified that would not be the intent of the barking dog ordinance. Commissioner Baxter stated there is a need for the ordinance for legal purposes, and it would he interpreted at the officer's discretion. Sheriff Jordan reiterated the need for direction on prioritization concerning the service level, which is now inadequate. In response to a question from Commissioner Baxter, Sheriff Jordan indicated the letters would solve the problem with cooperative individuals; however, some cases will need legal action. Mr. Branecki stated jurisdictions with similar ordinances have solved 85 percent of their problem. He also agreed that it would not lessen the effect of the ordinance to remove the impoundment clause. Commissioner Kirkmeyer referenced Sections 3.c. and 7 and questioned whether the Board would be willing to put additional funds toward enforcement. In response to a question from Commissioner Harbert, Sheriff Jordan said some barking dog complaints are responded to now by regular patrol officers; however, they are a low priority. He stated the need for all responsibilities to be under the domain of animal control, indicating it is not a good use of resources to use deputies. Sheriff Jordan reiterated the need for additional resources soon, especially with the barking dog ordinance. Responding to a question from Chairman Webster, Sheriff Jordan stated the majority of the calls are for dogs at-large and most cases are settled prior to impoundment. Discussion ensued between Commissioners Harbert and Kirkmeyer concerning the dollars spent on nuisance conditions, and Commissioner Kirkmeyer reiterated the Board has not committed funds to this ordinance. She also stated it is not the Government's responsibility to make people take care of their dogs and respect their neighbors. There was further discussion concerning the impact on the Sheriff's Office and the limited resources, with Sheriff Jordan reiterating that the best mechanism would be under animal control. In response to Commissioner Harbert, Mr. Barker confirmed Section 3.c. could be deleted as well as any clauses referring to said section. Commissioner Harbert moved to approve Ordinance No. 88-G on first reading, with the deletion of Section 3.c. ; and the Minutes - January 26, 1994 Page 4 suggested language change in Section 4 replacing the words "picking up" with the word "impounding", as recommended by Mr. Barker. Mr. Barker clarified the last line in Section 4 regarding Section 3.c. should also be deleted and the suggested addition to Section 5 would not apply. Commissioner Harbert consented to said clarification, and Commissioner Baxter seconded the motion. He stated the Board should be aware of, and be willing to provide, the additional funding resulting from the impact of this ordinance. Discussion ensued concerning extending the 72-hour period, and Commissioner Hall stated further concerns regarding imprisonment for barking dogs, stating that is improper punishment. In response to a question from Chairman Webster, Mr. Barker reiterated the City's ordinance does enforce that policy. Commissioner Hall stated there should be distinction between at-large and barking dogs. Mr. Barker suggested a more graduated fee schedule could be provided; however, it would still be a Class II petty offense in court. Sheriff Jordan confirmed, to his knowledge, no one had ever been in jail for dogs, and it would be a remote possibility. On a roll-call vote, the motion carried three to two with Commissioners Kirkmeyer and Hall voting nay. PLANNING: CONSIDER DELETION OF CONDITION OF APPROVAL #5 FROM RE #1556 - ORR: Monica Daniels-Mika, Planning Department representative, explained Condition of Approval #5 was added to RE #1556 in error. She said RE #1551 was considered on the same day and included the same conditions; however, Condition of Approval #5 does not apply to RE #1556. Commissioner Hall moved to delete Condition of Approval #5 from RE #1556 for Clair Orr. The motion, seconded by Commissioner Harbert, carried unanimously. CONSIDER RE #1575 - SIDWELL: Ms. Daniels-Mika presented a revised staff recommendation to the Board. The application would divide 77 acres into two lots of 2 and 75 acres. She read the unfavorable recommendation of the Planning staff into the record and stated staff recommends utilizing the subdivision exemption process rather than the recorded exemption process. Ms. Daniels-Mika said staff also recommends the applicant withdraw the recorded exemption application and proceed with the subdivision exemption. She explained a house can be built on the 77 acres; however, it is easier to finance a smaller lot. She indicated, however, the request does not meet the intent of a recorded exemption. Another concern of staff was that this is the first request in the area to further divide a recorded exemption property. She reiterated a subdivision exemption would be the best alternative. At the request of Commissioner Hall, Ms. Daniels-Mika clarified the request does not enhance or contribute to agricultural production and reviewed the three criteria satisfying the intent of a recorded exemption. She reiterated the lot is buildable by right and the lack of justification. Ms. Daniels-Mika said this recorded exemption would divide proposed Lot A off RE #1035. Katherine Sidwell, applicant stated the two acres are non-productive dryland, because there is a pivot sprinkler on the property. She said she purchased the property in December of 1992 and has been unable to get funding. Ms. Sidwell indicated two different bankers suggested a recorded exemption rather than a subdivision exemption to better protect the bank. In response to Commissioner Hall, Mr. Barker explained the minor differences between the two processes and indicated the lot would be sellable by the bank. Commissioner Harbert stated there are two loans, one for the farm and one for the house. Chairman Webster clarified, however, the bank would require signature as a personal guarantee on each loan. In response to a question from Commissioner Baxter, Ms. Daniels-Mika stated the subdivision exemption process was created to handle cases requiring financing. She explained when the financing is completed, the subdivision exemption lot would be put back into the 77 acres. In case of default however, the court could still create a Lot Minutes - January 26, 1994 Page 5 to be sold, which would be the same result as a recorded exemption. It was confirmed the larger lot would be buildable. Commissioner Harbert suggested this matter be continued to allow Mr. Barker to meet with the banker to explain the situation. Ms. Sidwell indicated a continuance would not be necessary and mentioned surrounding properties which have been granted recorded exemptions. She also stated she bought the property to farm and reroot in the area where she grew up. Mr. Barker indicated the bank may be requesting a recorded exemption for flexibility. Commissioner Baxter questioned whether the applicant was willing to accept Planning staff's offer. Ms. Daniels-Mika stated the applicant would like to divide the property into two lots because of the banks' request. She further explained the applicant would better benefit by withdrawing the application rather than the recorded exemption being denied, because a substantial change hearing would then be required before proceeding with a subdivision exemption. Mr. Barker clarified the duties of the Board and said he would be willing to meet with the banker if necessary. Ms. Sidwell reiterated she had spoken with two bankers who both indicated a recorded exemption would be best. Commissioner Harbert stated she would still like to continue the matter to allow Ms. Sidwell to further investigate financing and she preferred the subdivision exemption process be followed. Ms. Sidwell reiterated she preferred the matter not be continued. Ms. Daniels-Mika questioned, on behalf of the applicant, whether the $825 for the recorded exemption could be reimbursed and paid toward the $180 subdivision exemption. Commissioner Harbert explained the reason the fees were charged are to pay for staff time and research, which has already been completed; however, she would be agreeable to waive the fee for the subdivision exemption since the research had been completed. Commissioner Baxter agreed and questioned the difference in the fee amount for the two applications. Ms. Daniels-Mika indicated staff does not set the fees; however, many more referrals are necessary for recorded exemptions and there is a large difference in the plats, with the subdivision exemption being much less involved. Ms. Daniels-Mika and Ms. Sidwell confirmed for Commissioner Baxter that the applicant was advised of the difference in fees early in the process. Commissioner Kirkmeyer moved to continue Recorded Exemption #1575 for Katherine A. Sidwell to February 9, 1994. Commissioner Harbert seconded the motion. (Changed to Tape #94-07. ) Commissioner Kirkmeyer stated she felt it would be inappropriate to include the fee waiver in the motion, but she would agree with Commissioner Harbert's statement. Ms. Daniels-Mika clarified the request regarding the fee was the applicant's, and not staff's request. The motion carried four to one, with Commissioner Hall voting nay. RESOLUTIONS AND ORDINANCES: The Resolutions were presented and signed as listed on the consent agenda. Ordinance No. 88-G was approved on first reading. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Acting Clerk to the Board. Minutes - January 26, 1994 Page 6 There being no further business, this meeting was adjourned at 10:50 a.m. 441/0,1duin APPROVED: ATTEST: BOARD OF COUNTY COMMISSIONERS WELD COUNTY,,{ / CDLORRAADO Weld County Clerk to the Board /A_ 9' V 11/(17)))15771 W. H. Webster, Chairman P By: JUO k-Y1" P .- -mow' Deputy C14 to the Board Dale K. Hall j //I Geeoo ge�E. Baxter �� ConstancALLe L. Harbert ,y. / r „ , ,,y,,,y, _, /Barbara J. Kirkmeyer el Minutes - January 26, 1994 Page 7 RECORD OF PROCEEDINGS MINUTES BOARD OF SOCIAL SERVICES WELD COUNTY, COLORADO JANUARY 26, 1994 TAPE #94-06 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, January 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: Weld County Attorney, Bruce T. Barker Acting Clerk to the Board, Shelly Miller MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board of Social Services meeting of January 24, 1994, as printed. Commissioner Harbert seconded the motion, and it carried unanimously. WARRANTS: Shelly Miller, Deputy Clerk to the Board, presented the warrants for approval by the Board in the amount of $188,881.90. Commissioner Kirkmeyer moved to approve the warrants as presented by Ms. Miller. 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 10:55 a.m. APPROVED: ATTEST: LeAtin BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk to the Board W. H. Webste Chairman By: atil k- „ I Srt Zr � Deputy Cl k to the Board Dale/K. Hall, Pr9rT m 4ffrgestrBaxter WL Cop.stance L./Harbert 41(A-tic /A/al-4M Barbara J. Kir eyer I RECORD OF PROCEEDINGS MINUTES HOUSING AUTHORITY WELD COUNTY, COLORADO JANUARY 24, 1994 TAPE 1194-06 The Board of County Commissioners of Weld County, Colorado, met in regular session as the Housing Authority Board 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, January 24, 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: Weld County Attorney, Bruce Barker Acting Clerk to the Board, Shelly Miller Finance and Administration Director, Don Warden MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Housing Authority Board meeting of December 27, 1993, as printed. Commissioner Hall seconded the motion, and it carried unanimously. NEW BUSINESS: CONSIDER HUD INNOVATIVE HOMELESS INITIATIVE DEMONSTRATION APPLICATION AND AUTHORIZE CHAIRMAN TO SIGN: Jim Sheehan, Housing Authority representative, indicated he received notification of availability of $25 million in funding for homeless shelters; however, due to a very short time frame, the application proposal was completed by the department rather than the shelters themselves. He explained the need for transitional housing and indicated $545, 000 would provide for 75 families for two years. Case management and support services would be provided by the shelters for a total request of $906,255. Mr. Sheehan indicated the competition would be very stiff, but possibly the application could be used as a model in the future. Commissioner Harbert commended Mr. Sheehan and Judy Griego, Director of Social Services, for the weekend they spent compiling said application. She reiterated this is a good start, even though chances are slim. Commissioner Hall moved to approve said application and authorize the Chairman to sign. The motion, seconded by Commissioner Kirkmeyer, carried unanimously. CONSIDER LOAN AGREEMENT WITH AUGSTINE AND JO ANN MAES AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Sheehan said this is an initiative to promote migrant housing in the private sector in the County. He explained Mr. and Mrs. Maes bought an eight-unit housing camp last summer and rehabilitated it. The agreement would provide for a lease payment of $2, 000 to the property owner, which would be paid back by September 30, 1994. Mr. Barker explained the promissory note would be secured by a deed of trust and suggested changing the word "project" to "building" in said deed. Commissioner Harbert again commended Mr. Sheehan and Ms. Griego for following through with this matter and moved to approve said agreement, with the suggested change on the deed, and authorize the Chairman to sign. The motion was seconded by Commissioner Baxter, and it carried unanimously. (e /In 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 10:00 a.m. APPROVED: ATTEST: 4/4W kiwi BOAARD OF COUNTY COMMISSIONERS t WELD COUNTY, COLORADO Weld County Clerk to the Board 4 / / / W. H. Webster, C air / 7/ By: , / .1.49 ./r7-4- ck-2— - --(r Deputy Clerk to the Board a e Hall, Pro e � /George �� . Baxter Co stance L. Harbert i ,!mil`Si -4u d- I . , /% 4-= Barbara J. Kirkme er 0 Minutes - January 24, 1994 Page 2 Hello