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RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 2, 1996
TAPE#96-26 `-27
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,
October 2, 1996, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chair and on roll call the following
members were present, constituting a quorum of the members thereof:
Commissioner Barbara J. Kirkmeyer, Chair
Commissioner George E. Baxter, Pro-Tem
Commissioner Dale K. Hall
Commissioner Constance L. Harbert
Commissioner W. H. Webster
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Carol Harding
Finance and Administration Director, Don Warden
MINUTES: Commissioner Harbert moved to approve the minutes of the Board of County
Commissioners meeting of September 30, 1996, as printed. Commissioner
Webster 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 Baxter seconded the motion, and it carried unanimously.
PUBLIC INPUT: No public input was offered.
WARRANTS: Don Warden, Director of Finance and Administration, presented the following
warrants for approval by the Board:
All Funds $ 831,768.67
Electronic Transfer:
Payroll Fund $ 79,150.60
961757
BC0016
Commissioner Baxter moved to approve the warrants as presented by Mr.
Warden. Commissioner Webster seconded the motion, which carried
unanimously.
BIDS: APPROVE TAX NOTICES - TREASURER'S DEPARTMENT: Mr. Warden
presented a letter from Art Willis, Treasurer, recommending award of said bid
to Data Control Systems. In his letter Mr. Willis stated he is confident Data
Control Systems will perform the contract in a timely manner with the expected
quality of service. Mr. Warden explained the exact amount of the bid is not
stated, since price will vary according to how many notices are printed. Mr.
Willis stated there will be approximately 90,000 notices. Commissioner Baxter
moved to accept the bid from the low bidder, Data Control Systems. The
motion, which was seconded by Commissioner Harbert, carried unanimously.
BUSINESS:
OLD: CONSIDER CHANGE OF OWNERSHIP FOR TAVERN LIQUOR LICENSE,
WITH EXTENDED HOURS, FROM EL CHUBASCO, LLC, DBA EL
CHUBASCO, TO J. MONTES, INC., DBA EL RODEO NIGHT CLUB, AND
AUTHORIZE CHAIR TO SIGN (TABLED 09/18/96): Commissioner Harbert
moved to bring this tabled item back before the Board. The motion, which was
seconded by Commissioner Hall, carried unanimously. Bruce Barker, County
Attorney, presented a letter from Daniel W. Carr, representing J. Montes, Inc.,
with a copy of the agreement which was executed by all parties in dispute in this
matter. Mr. Carr stated the problem was one of possession of the property and
explained Rodolfo Montes, his client's husband, purchased the property in May
1996, having been told the current lease would terminate in four months. Mr.
Carr stated he has now had discussions with all parties involved. According to
the agreement, the lessors, Gabino Guerrero, Jose Villalobos, and El
Chubasco, LLC, agree to the termination of the lease as of September 30, 1996,
and have surrendered possession of the premises to the owner, Rodolfo
Montes. Mr. Montes agrees to lease the premises to J. Montes, Inc., who, in
turn, agrees to purchase the inventory being held by El Chubasco, LLC, after
the temporary permit is approved by the Board of County Commissioners. Mr.
Barker stated he did request a records check from Kim Fliethman, Sheriffs
Department, who reported no warrants or felony convictions were found for the
new applicant, Jeanette Montes. No public testimony was given. Commissioner
Hall moved to approve said change of ownership to J. Montes, Inc., dba El
Rodeo Night Club, and authorize the Chair to sign. Seconded by Commissioner
Webster, the motion carried unanimously.
(CLERK'S NOTE: Conditions identical to those on the previous license were
agreed to by applicant subsequent to hearing through phone conversations
between Mr. Barker and Mr. Carr and between Mr. Carr and the applicant. The
conditions were later agreed to by letter from the applicant.
Minutes, October 2, 1996 961757
Page 2 BC0016
CONSIDER REQUEST FOR TEMPORARY PERMIT FOR TAVERN LIQUOR
LICENSE, WITH EXTENDED HOURS, FROM J. MONTES, INC., DBA EL
RODEO NIGHT CLUB, AND AUTHORIZE CHAIR TO SIGN (TABLED
09/18/96): Commissioner Hall moved to return this item to the table. Seconded
by Commissioner Webster, the motion carried unanimously. Commissioner
Webster moved to approve said temporary permit, and authorize the Chair to
sign. Seconded by Commissioner Hall, the motion carried unanimously.
NEW: CONSIDER ACCEPTANCE OF RIGHT-OF-WAY ON WELD COUNTY ROAD
27.5 PROJECT WITH WASTE MANAGEMENT DISPOSAL SERVICES OF
COLORADO, INC., AND AUTHORIZE CHAIR TO SIGN: Drew Scheltinga,
County Engineer, stated the closing has been done and acceptance of the right-
of-way now should be considered by the Board. Commissioner Hall moved to
accept the right-of-way for the Weld County Road 27.5 Project and authorize the
Chair to sign the appropriate documents. Commissioner Webster seconded the
motion, which carried unanimously.
CONSIDER PURCHASE OF SERVICES AGREEMENT BETWEEN HEALTH
DEPARTMENT AND NORTHEAST COLORADO HEALTH DEPARTMENT
AND AUTHORIZE CHAIR TO SIGN: John Pickle, Health Department Director,
explained this agreement concerns Ryan White funds to continue the
consortium of care services for persons infected and affected by the HIV virus
in Northeastern Colorado. Said agreement is a subcontract for Northeast
Colorado Health Department to provide case management and outreach
services to persons residing in Logan, Yuma, Sedgewick, Phillips and
Washington counties. Commissioner Baxter moved to approve said agreement
and authorize the Chair to sign. The motion, which was seconded by
Commissioner Hall, carried unanimously.
CONSIDER CHANGE ORDER LETTER NO. 4 FOR CHLAMYDIA TESTING
CONTRACT BETWEEN HEALTH DEPARTMENT AND COLORADO
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT (DISEASE
CONTROL AND ENVIRONMENTAL EPIDEMIOLOGY DIVISION) AND
AUTHORIZE CHAIR TO SIGN: Mr. Pickle stated this change is a result of
additional funds being available and will increase the grant by $2,500 to a new
total of$6,175. Commissioner Webster moved to approve said change order
and authorize the Chair to sign. Seconded by Commissioner Webster, the
motion carried unanimously.
CONSIDER BUSINESS LEASE WITH RICHARD A. AND SHARON C.
GURNEY AND/OR ASSIGNS TO HARRY C. THOMPSON, JR., AND JANICE
THOMPSON AND AUTHORIZE CHAIR TO SIGN: Walt Speckman, Human
Services Director, stated the lease is for a two-year term beginning October 1,
1996, for a building across from the Walton Building. The first year's rent is
$1,000 per month, the second year the rent will be $1,075 per month. Mr.
Speckman explained he consolidated the storage space for all the Human
Minutes, October 2, 1996 961757
Page 3 BC0016
Service programs into one building and included storage for Social Services.
In response to questions from the Board, Mr. Speckman said the building is full
all year and the department is presently spending $300 per month in rent plus
staff time for driving back and forth, as well as $300 to $400 per month being
spent by Social Services in rent. Mr. Warden explained the two-year lease is
due to the County's plans to have the Public Works Headquarters completed by
that time. Human Services could then use the old Public Works building for
storage. Responding to Commissioner Hall, Mr. Speckman detailed more
specifically the kind of "stuff' being stored. Mr. Warden, in response to Chair
Kirkmeyer, stated the building is between 6,000 and 8,000 square feet.
Commissioner Baxter moved to approve said lease and authorize the Chair to
sign. The motion, which was seconded by Commissioner Webster, carried
unanimously.
CONSIDER PETITION FOR ANNEXATION TO BOARD OF TRUSTEES OF
TOWN OF FIRESTONE, COLORADO, FOR FIRESTONE FIFTH
ANNEXATION, AND AUTHORIZE CHAIR TO SIGN: Lee Morrison, Assistant
County Attorney, explained this annexation, near Casa Grande Estates, is a
result of the attempt to clean up previous annexations north of Firestone and to
keep from having Weld County Roads 15 and 20 broken up into various
jurisdictions. Commissioner Hall moved to approve said annexation and
authorize the Chair to sign. Seconded by Commissioner Baxter, the motion
carried unanimously.
CONSIDER REQUEST FOR VACATION OF FORMER PORTION OF WELD
COUNTY ROAD 74-SCHUMP: Mr. Barker stated Weld County Road 74 was
realigned and straightened in 1991 and 1992, without the County ever vacating
the right-of-way upon completion of said project. In conjunction with
straightening the road, the County used the old roadway as base for the new
road. Mr. Barker stated the surrounding properties do have other accesses
available. The area, formerly the Thompson Reservoir, is now wetland. Tim
Dow, representing the Windsor Reservoir and Canal Company, requested the
vacation be approved. Mr. Barker stated the three adjoining landowners are
present to give testimony in this matter, and presented a letter from Warren
Ehrlich, Exhibit A, who is not in favor of said vacation. Mr. Scheltinga stated the
road used to go over the dam; however, the dam is now gone and there is no
need for public access. Mr. Dow stated the Windsor Reservoir and Canal
Company entered into an agreement when this project was originally proposed.
The ditch company gave the new right-of-way to the County, in return the
County would vacate the old right-of-way when the project was completed.
However, the County neglected to do so. He presented a map, Exhibit B, and
noted both Mr. Schump and Pineda & Sons, Inc. have other access to their
properties. After discussion as to whether the right-of-way would revert back to
the ditch company or the adjoining owners, Mr. Barker reminded the Board
State Statutes will determine that matter, and all the Board is required to do is
vacate the right-of-way. Responding to questions from Commissioner Hall, Mr.
Dow stated the ditch rider did gate the old roadway and stack riffraff across the
Minutes, October 2, 1996 961757
Page 4 BC0016
site of the old dam; however, it has now been cleaned up. Commissioner
Harbert questioned whether it would be possible to require an easement for Mr.
Schump. Mr. Dow stated he would hate for that to be a condition; however, the
ditch company would work with the landowners. Mr. Barker stated the right-of-
way is less than 60 foot, and is not clearly spelled out by legal description.
Manual Pineda, representing Pineda and Sons, Inc., presented a map, Exhibit
C, and stated he has owned this property for 30 years and is a stockholder in
the Windsor Reservoir and Canal Company. He requested this matter be
continued for a period of 60 to 90 days, to allow him time to have the old
reservoir appraised and give him opportunity to purchase it, thereby bringing it
back onto the tax roll. Mr. Pineda stated he does have access near the
intersection of Weld County Road 74 and Highway 257; however, this is a very
busy intersection and it is difficult to use as a farm access since the trucks
cannot easily pull onto the road. Mr. Pineda stated he originally had a headgate
before the dam was built, and when the reservoir was abandoned he was
switched to another ditch. Responding to Chair Kirkmeyer, Mr. Pineda said he
approached the ditch company requesting purchase of said property, however,
they gave him such an outrageous price he needed some time to look at other
options. Chair Kirkmeyer clarified that Mr. Pineda does want it vacated,
however, he wants the right-of-way to revert back to him. Responding to further
questioning from Commissioner Hall, Mr. Pineda stated the 90-day delay would
not make a difference to this Board, however, it would to him. Responding to
Chair Kirkmeyer, Mr. Barker stated what he remembered regarding the original
discussions concerning this matter, although he did not remember any
agreements regarding the vacation. Mr. Scheltinga, responding to
Commissioner Baxter, stated he was not included in the original discussions
between the landowners and George Goodell, who was Road and Bridge
Director at the time. He verified the specific legal description was not given and,
if vacated, it would be to the middle of the original roadbed. Mr. Barker
reiterated State Statute is what will determine who the land reverts to. All the
Board can do is put the vacation into a Resolution and have that recorded.
Responding to Commissioner Baxter, Mr. Barker reiterated the County does not
have authority to state who the land reverts to; however, it can make the
vacation conditional upon an easement being granted. David Schump,
landowner, explained the ditch company has been terribly uncooperative in
trying to resolve this situation and is not interested in allowing access. He
explained the problems he had with the ditch rider closing off the road and
placing riffraff on the old road and stated it took several weeks to resolve the
situation. Mr. Schump requested the County not to vacate the right-of-way at
this time. After further discussion between the Board members, Mr. Barker said
if an easement is desired, a condition of the vacation could be to not record the
Resolution until a signed easement agreement is received. Mr. Dow reiterated
the County should not be dragged into private negotiations and the County
agreed to vacate the right-of-way before the project was begun. After further
discussion, Mr. Barker reiterated he does not recall any mention of the reversion
back to the landowner in case of the reservoir being abandoned, and stated the
County is immune from liability for negligent maintenance, so that is not an
Minutes, October 2, 1996 961757
Page 5 BC0016
issue. Although the usual reason for an easement would be to allow access to
property that would be closed off, the Board could do it for other reasons, such
as exist in this case. Commissioner Harbert moved to continue this matter for
90 days; however, the motion died for lack of a second. Commissioner Baxter
moved to vacate the road with the condition an access agreement between the
three parties involved be in place before recording the Resolution. The motion
was seconded by Commissioner Webster. Mr. Barker noted State Statute
allows a continuing agreement for use of the right-of-way by existing utilities.
Commissioners Baxter and Webster agreed to amend the motion to include
continuing use by existing utilities. Upon a request by Chair Kirkmeyer, Mr.
Barker clarified the access agreement should include both sides of the road,
allowing access to all properties, how the gate will be maintained and keys
distributed, and how the roadway will be maintained, including weed
management. He also noted the agreement should be in place and recorded
before the Resolution is recorded. He also stated if the ownership question is
resolved and an access agreement is not necessary, the condition should
include the acceptance of some other writing showing there is no further reason
to require an easement. Commissioners Baxter and Webster agreed to amend
the motion to include Mr. Barkers recommendations, and the motion carried
unanimously.
CONSIDER AGREEMENT FOR DUPLICATION SERVICES BETWEEN
CLERK AND RECORDER AND MOUNTAIN STATES MICROGRAPHICS,
INC., AND AUTHORIZE CHAIR TO SIGN: Mr. Barker stated this is an
agreement whereby the Clerk and Recorder would provide data to Mountain
States Micrographics, Inc. for duplication. When duplicate microfilm is
requested by the public, Mountain States Micrographics will provide
to
County within 48 hours. Steve Moreno, Chief Deputy, responded
Commissioner Webster that the County can no longer make duplicates of
microfilm, and the agreement is recommended by the Clerk and Recorder.
Commissioner Harbert moved to approve said agreement and authorize the
Chair to sign. Seconded by Commissioner Hall, the motion carried
unanimously.
CONSIDER RESOLUTION RE: DECLARE CERTAIN EQUIPMENT AS
SURPLUS PROPERTY AND AUTHORIZE SALE AT AUCTION: Mr. Warden
stated if approved, the listed rolling stock will be sold at auction in Loveland this
Saturday. Commissioner Webster moved to approve said resolution. The
motion, which was seconded by Commissioner Hall, 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.
Minutes, October 2, 1996 961757
Page 6 BC0016
There being no further business, this meeting was adjourned at 10:20 a.m.
BOARD OF COUNTY COMMISSIONERS
4 ELa nth WEj_D COUNTY, COLORAQO
vy
Barbara J. Kirkmeyer, C it
1861 WA I k to the Board
a E. axter, Pro em
y Clerk'o the Board Dale K. Hall
Constance
L. Harb
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W. H. ebster
Minutes, October 2, 1996 961757
Page 7 BC0016
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