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Home My WebLink About951359.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JULY 5, 1995 TAPE #95-23 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, July 5, 1995, at the hour of 9:00 a.m. ROLL CALL: MINUTES: CERTIFICATION OF HEARINGS: 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 Dale K. Hall, Chairman Commissioner Barbara J. Kirkmeyer, Pro-Tem Commissioner George E. Baxter Commissioner Constance L. Harbert Commissioner W. H. Webster Also present: Assistant County Attorney, Lee Morrison Acting Clerk to the Board, Shelly Miller Finance and Administration Director, Don Warden Commissioner Webster moved to approve the minutes of the Board of County Commissioners meeting of June 28, 1995, as printed. Commissioner Baxter seconded the motion, and it carried unanimously. Commissioner Harbert moved to approve the hearing conducted on June 28, 1995, as follows: 1) Minor Subdivision Final Plat, Tri-City Ventures, LLC. Commissioner Kirkmeyer seconded the motion, which carried unanimously. ADDITIONS: There were no additions to the agenda. CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the consent agenda as printed. Commissioner Harbert seconded the motion, and it carried unanimously. PUBLIC INPUT: Marvin Hopper presented a letter to the Board regarding the recent amendment to the Home Rule Charter concerning correctional facilities and recent adoption of Emergency Ordinance No. 185. Lee Morrison, Assistant County Attorney, clarified a court order must be followed regardless of any ordinance. He also noted Ordinance No. 185 goes beyond the Charter, and an amendment to said Ordinance would not make any difference because the Court Order overrides any County -level decision. Mr. Morrison reiterated the County must abide by and comply with all court orders. Chairman Hall noted Mr. Hopper's wording has been accepted and the Board is trying to do its best; however, the Ordinance does not override the Court. Sharon Hopper also questioned the Ordinance and requested land not be donated to the State for the proposed juvenile facility until the first two facility issues are resolved. Chairman Hall clarified information concerning the juvenile facility will be gathered at the public hearing to be held on July 11, 1995. Commissioner Baxter noted it has been agreed the Weld County jail will be voted upon. Mr. Morrison clarified the jail does not have to be voted upon; however, the Board chose to put the matter on the ballot, even though it is not required by the Home Rule Charter. Ms. Hopper 951359 BC0016 requested The Villa and the juvenile facility also be put to vote. Commissioner Kirkmeyer stated the juvenile facility is a State issue and a decision regarding an election and donation of the land will be decided upon after the public hearing. She reiterated the jail issue will be on the November ballot, and the Court Order controls the preparole facility. Commissioner Harbert noted the hearing will focus only on the juvenile facility. Artie Elmquist read a prepared statement regarding Weld County's government. He requested a vote be required on the Del Camino site and the Board file an attempt to appeal the Court's decision. Tom Neiley questioned the importance of The Villa to Weld County. Chairman Hall noted the law applies to all in Weld County and reiterated The Villa is now based on a Court Order. Margot Mengel noted the majority voted at the June 13, 1995, election and the Board should back up the citizens' wishes. Commissioner Kirkmeyer clarified The Villa, not Weld County, took the matter to Court. Ms. Hopper questioned whether a contractual agreement exists between the State and County. Alfred Sater questioned why Commissioners Baxter and Webster have not commented. Commissioner Baxter stated he previously spoke regarding the jail issue and noted both sides of the issue concerning The Villa were heard and considered at the hearing. He noted counsel was authorized to be at the Court hearings concerning The Villa, and he feels the Board has given a strong response and gone further than necessary by holding hearings and allowing votes. Mr. Elmquist questioned whether Weld County has the authority to appeal. Mr. Morrison stated the matter could be routed through the Appellant Court; however, one does not appeal contrary to its position taken in District Court, and the County has not changed its position. Chairman Hall noted, without completely reversing its position, the County has no appeal and does not intend to impair vested rights. Mr. Elmquist clarified the reverse decision was made by the vote of the people. Mr. Morrison stated the County's position is set out in the Ordinance, which states if any portion of an Ordinance is found to be unconstitutional or inapplicable, it does not apply. Commissioner Webster stated he simply lives by the law and is going by the Court's decision. WARRANTS: Don Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: General Fund $ 274,069.27 Commissioner Baxter moved to approve the warrants as presented by Mr. Warden. Commissioner Harbert seconded the motion, which carried unanimously. BIDS: PRESENT BIDS: No bids were presented. APPROVE CONVECTION OVEN - SHERIFF'S DEPARTMENT: Pat Persichino, General Services Director, recommended acceptance of the low bid for the 440 volt at $8,004.71 from Nobel/Sysco Food Services. Commissioner Baxter moved to approve staff recommendation, and Commissioner Webster seconded the motion, which carried unanimously. APPROVE VAN WITH EXTENDED ROOF AND BASE - HUMAN SERVICES DEPARTMENT (PRESENTED ON 01/11/95): Mr. Persichino stated Human Services has now received an additional funding grant from the Federal Government; therefore, funds are available to purchase a 1996 van for $23,592,90 from Greeley Dodge. He noted the process was completely redone and Greeley Dodge was the lowest bidder. Commissioner Kirkmeyer moved to approve staffs recommendation, and Commissioner Baxter seconded the motion, which carried unanimously. Minutes, July 5, 1995 951359 Page 2 BC0016 BUSINESS: OLD: CONSIDER DUST BLOWING COMPLAINT AGAINST RAINEY ARABIANS - NW'V4 S29, T1 N, R67W (CONT. FROM 05/31/95): Mr. Morrison noted Bruce Barker, County Attorney, has requested this matter be continued to July 10, 1995, at 9:00 a.m. Commissioner Kirkmeyer so moved, and Commissioner Harbert seconded the motion, which carried unanimously. NEW: CONSIDER TAX ABATEMENT PETITION FROM COUNTRY CLUB WEST PHASE II AND AUTHORIZE CHAIRMAN TO SIGN: Warren Lasell, Assessor, recommended approval and explained information was requested in early 1994; however, cost information was recently received and an adjustment and abatement of $9,791.52 has been recommended. Bernice Thomas, representing Pat Roche and Country Club West, agreed the assessment was too high and stated staff has not been able to locate the notices sent by the Assessor's Office. She confirmed the amount for abatement is agreeable. Commissioner Webster moved to approve staffs recommendation and authorize the Chairman to sign. Commissioner Baxter seconded the motion, which carried unanimously. CONSIDER CONTRACT FOR HIV COUNSELING AND TESTING SERVICES BETWEEN HEALTH DEPARTMENT AND COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AND AUTHORIZE CHAIRMAN TO SIGN: John Pickle, Health Department Director, stated this is a continuation contract with the State. He noted the amount has been decreased by approximately $200.00; however, the clientele has also decreased. Mr. Pickle stated the Health Department will be reimbursed up to $1,887.00. Commissioner Harbert moved to approve said contract and authorize the Chairman to sign. Commissioner Kirkmeyer seconded the motion, which carried unanimously. CONSIDER CHANGES TO 1995 FEE SCHEDULE FOR HEALTH DEPARTMENT'S NURSING DIVISION: Mr. Pickle explained the changes and additional fees are for travel immunizations. Commissioner Webster moved to approve said changes, and Commissioner Baxter seconded the motion, which carried unanimously. CONSIDER 1995 POLLUTION PREVENTION GRANTS PROGRAM REQUEST FOR PROPOSAL FROM HEALTH DEPARTMENT, ENVIRONMENTAL PROTECTION SERVICES, TO COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Pickle stated this grant program now goes through Federal, State, and local levels for a regional project with Boulder and Larimer Counties. He stated the grant is for an educational program on pollution prevention. Commissioner Baxter moved to approve said request for proposal and authorize the Chairman to sign. The motion, seconded by Commissioner Kirkmeyer, carried unanimously. CONSIDER AGREEMENT FOR PARTIALLY SELF -FUNDED PROGRAM WITH COLORADO COUNTIES CASUALTY AND PROPERTY POOL AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Warden stated this agreement is for continuation of the current self-insurance program in the amount of $125,000.00. Commissioner Webster moved to approve said agreement and authorize the Chairman to sign. Commissioner Kirkmeyer seconded the motion, which carried unanimously. Minutes, July 5, 1995 951359 Page 3 BC0016 CONSIDER RENEWAL OF 3.2% BEER LICENSE FOR CONO SERVICES, INC., DBA CONOCO #06355, AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Morrison stated no violations were reported for this establishment and the use is permitted by the Planning Department. He noted this corporation has over 100 establishments in the State, of which 14 have had violations resulting in suspension; however, this particular establishment has not had any violations. Commissioner Webster moved to approve said renewal request and authorize the Chairman to sign. Commissioner Kirkmeyer seconded the motion, which carried unanimously. CONSIDER REQUEST FROM VEGETATION MANAGEMENT SPECIALIST TO ENTER UPON CERTAIN LANDS: Commissioner Baxter moved to approve said request, and Commissioner Harbert seconded the motion, which 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. MA, elk to the Board .PQ L }'YLc.eL,, the Board BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Dal-. K. Hall, Chairma arbara J. Kirkmeyer pro-Tem C -- Georg- ". Baxter ,(fee�� 6�zs��.car t/ Constance L. Harbert L W. H. Webster Minutes, July 5, 1995 951359 Page 4 BC0016 BOARD OF COUNTY COMMISSIONERS, WELD COUNTY, COLORADO YOUR JOB AS AN ELECTED OFFICIAL IS TO REPRESENT AND IMPLEMENT THE WISHES OF THE PEOPLE WHO ELECTED YOU IN THE FIRST PLACE. THE WISHES OF ALL OF THE PEOPLE OF WELD COUNTY WERE MADE ABUNDANTLY CLEAR ON JUNE 13TH WHEN 63% OF THOSE WHO VOTED TOLD YOU THAT THEY DID NOT WANT CORRECTIONAL FACILITIES OF ANY KIND OF DESCRIPTION BUILT IN THIS COUNTY UNTIL THE PEOPLE HAD APPROVED THE SITE FOR THE FACILITY. YET IN SPITE OF THAT CLEAR MESSAGE, YOU ADOPTED AN ORDINANCE WITH LOOP -HOLE THE SIZE OF THE GRAND CANYON WHICH GAVE YOU AN OBVIOUS EXCUSE NOT TO PUT THIS QUESTION TO A VOTE. AS IF THAT WASN'T BAD ENOUGH, YOU BLATANTLY FAILED TO AUTHORIZE THE COUNTY ATTORNEY TO MAKE EVEN A WEAK ATTEMPT TO DEFEND IN COURT THE LANGUAGE AND EFFECTIVENESS OF THE CHARTER AMENDMENT VOTED IN BY THE PEOPLE. WE CALL UPON YOU TO DO THE JOB WE ELECTED YOU TO DO. DEFEND THE CHARTER AS AMENDED BY THE PEOPLE. AMEND THE EMERGENCY ORDINANCE YOU PASSED RECENTLY TO TAKE OUT THE LANGUAGE ABOUT NOT BEING SUBJECT TO THE ELECTION REQUIREMENTS IF A COURT ORDER IS ENTERED, AND DIRECT THE COUNTY ATTORNEY TO FILE A REAL MOTION SETTING OUT REAL DEFENSES TO THE REQUEST OF THE VILLAS. PETITION CHAIRMAN TO AMEND THE HOME RULE CHARTER M. D. HOPPER 3656 WCD 20 1/2 LONGMONT, COLORADO 80504 JULY 5, 1995 /" C,L LC, 1/2/x%`- RECORD OF PROCEEDINGS MINUTES BOARD OF SOCIAL SERVICES WELD COUNTY, COLORADO JULY 5, 1995 TAPE #95-23 ROLL CALL: MINUTES: WARRANTS: Deptrty Cler t. the Board 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, July 5, 1995, at the hour of 9:00 a.m. The meeting was called to order by the Chairman and on roil call the following members were present, constituting a quorum of the members thereof: Commissioner Dale K. Hall, Chairman Commissioner Barbara J. Kirkmeyer, Pro-Tem Commissioner George E. Baxter Commissioner Constance L. Harbert Commissioner W. H. Webster Also present: Assistant County Attorney, Lee Morrison Acting Clerk to the Board, Shelly Miller Director of Finance and Administration, Don Warden Commissioner Baxter moved to approve the minutes of the Board of Social Services meeting of June 28, 1995, as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. Don Warden, Director of Finance and Administration, presented the warrants for approval by the Board in the amount of $273,432.28. Commissioner Kirkmeyer 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. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, OLRADO 1' k to the Board ;tom,Vt %Bar ar,,A J. Kirkmeyer, B'ro-Tem Gee9e Baxter Constance L. Harbert Th W. a ebster I � _ /if H. 951359 BC0016 Hello