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Home My WebLink About951031.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MAY 17, 1995 TAPE #95-17 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, May 17, 1995, 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 Dale K. Hall, Chairman Commissioner Barbara J. Kirkmeyer, Pro-Tem Commissioner George E. Baxter Commissioner Constance L. Harbert - EXCUSED Commissioner W. H. Webster Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Shelly Miller Finance and Administration Director, Don Warden MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board of County Commissioners meeting of May 15, 1995, as printed. Commissioner Baxter seconded the motion, and it carried unanimously. ADDITIONS: There were no additions to the agenda. CONSENT AGENDA: Commissioner Baxter moved to approve the consent agenda as printed. Commissioner Webster 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: General Fund $ 177,783.54 Payroll Fund $ 4,086.36 BIDS: Commissioner Webster moved to approve the warrants as presented by Mr. Warden. Commissioner Kirkmeyer seconded the motion, which carried unanimously. PRESENT LAUNDRY BID - VARIOUS DEPARTMENTS: Pat Persichino, General Services Director, read the names of the bidders into the record and stated said bid will be considered for approval on May 31, 1995. BUSINESS: NEW: CONSIDER ESTABLISHING NEIGHBORHOOD AND SETTING HEARING DATE FOR TAVERN LIQUOR LICENSE FOR JUNE M. FAUDOA, DBA LA GARRA BAR: Bruce Barker, County Attorney, stated this request is for the bar in East Eaton, previously known as La Garra. He referred to his memo dated today and explained the neighborhood must be established and noted the legal description of such, the hearing date must be set and has been recommended for June 7, 1995, at 9:00 a.m., indicating a sign must be posted by May 26, 1995. No public testimony was offered. Commissioner Kirkmeyer moved to establish the neighborhood as detailed in said memo, and Commissioner Webster seconded the motion, which carried unanimously. Commissioner 951031 BC0016 Webster moved to set said hearing date for June 7, 1995, at 9:00 a.m. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. Commissioner Kirkmeyer moved to appoint Commissioner Baxter to inspect said premises on May 26, 1995, and to ensure proper sign posting. Commissioner Webster seconded the motion, which carried unanimously. CONSIDER COMMUNITY HEALTH INFORMATION SYSTEM PROPOSAL FROM HEALTH DEPARTMENT TO DATA ALLIANCE COMMITTEE, NATIONAL ASSOCIATION OF COUNTY AND CITY HEALTH OFFICIALS, AND AUTHORIZE CHAIRMAN TO SIGN: John Pickle, Health Department Director, stated this request is being proposed in conjunction with six other counties to the east and will provide an electronic information system regarding the communities' health status. Commissioner Baxter moved to approve said proposal and authorize the Chairman to sign. Commissioner Kirkmeyer seconded the motion, which carried unanimously. CONSIDER CONTRACT FOR CANCER PREVENTION BETWEEN HEALTH DEPARTMENT AND COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Pickle stated a mistake was made on the time period for this contract approved about one month ago. He also explained the State Health Department has additional funding, which will be available in August 1995. Therefore, approval of this contract will include both revisions, changing the time period to February 1, 1995, through July 31, 1996, and issuing a letter of approval on or before August 1, 1995, to increase the amount of funding. Commissioner Kirkmeyer moved to approve said contract and authorize the Chairman to sign. The motion, seconded by Commissioner Webster, carried unanimously. CONSIDER SINGLE ENTRY POINT AGENCY CONTRACT BETWEEN HUMAN RESOURCES' AREA AGENCY ON AGING AND COLORADO DEPARTMENT OF HEALTH CARE POLICY AND FINANCING AND AUTHORIZE CHAIRMAN TO SIGN: Walt Speckman, Human Services Director, stated this is an on -going contract which was originally with State Social Services and is now with the State Financing Department. He noted the number of clients and the amount have increased. After further comments, Commissioner Baxter moved to approve said contract and authorize the Chairman to sign. Commissioner Kirkmeyer seconded the motion, which carried unanimously. PLANNING: CONSIDER RE #1727 - MARTIN EXPLORATION (CONT. FROM 05/15/95): Mr. Barker explained if this recorded exemption is approved, the use of USR #524 will be limited to proposed Lot A. He stated he researched the matter and referred to Development Standard #11 of USR #524 and Section 24.4.2 of the Zoning Ordinance concerning a material deviation, which will not be constituted as determined by staff. Mr. Barker stated the applicant is willing to limit the USR area to proposed Lot A and the plat will be included in the file for USR #524 in both the Planning and Clerk to Board's Offices. He also noted the applicant, Martin Exploration, is the same as when the original USR was approved in 1982. Gloria Dunn, Planning Department, confirmed staff agrees this request does not constitute a major deviation. Steve McLaughlin, applicant's representative, agreed to all four Conditions of Approval as submitted to the Board by Ms. Dunn. Commissioner Kirkmeyer suggested an additional Condition of Approval limiting the use of USR #524 to Lot A and allowing only one future access to Lot B. Mr. Barker read the suggested language for the addition of Conditions of Approval #5 and #6 into the record, and Mr. McLaughlin agreed. He also thanked the Board and staff for the quick response which will allow the scheduled closing on Friday. No public testimony was offered. Commissioner Kirkmeyer moved to approve RE #1727 for Martin Exploration, including the six Conditions of Approval. Commissioner Baxter seconded the motion, which carried unanimously. Minutes, May 17, 1995 951031 Page 2 BC0016 CONSIDER PROBABLE CAUSE FOR SUP #454 - DUCKWORTH (CONT. FROM 03/01/95): Mr. Morrison made this a matter of record, and Keith Schuett, Planning Department, requested said matter be continued to August 1, 1995, to allow completion of a global settlement of all regulatory and other existing issues among the Colorado and Weld County Health Departments and Weld County Waste Disposal. Jeff Stoll, Health Department, stated he attempted to call the neighbors who had concerns and was able to contact five or six of them. He explained staff is requesting a continuance, reviewed the proposed concepts with them, and ensured drafts of the proposed agreement would be made available for their review and comments. Mr. Morrison confirmed the agreement will not be final until the Board approves it. He stated the agreement is anticipated to be completed by August 1, 1995, and further notice may be given if the Board desires. Mr. Morrison then summarized the letter dated May 5, 1995, from Richard D. Judd, Attorney representing Weld County Waste Disposal, primarily concerning Section 9 Regulations. Mr. Judd reiterated seven items were proposed and consented to as requested by the State who has been provided with a response. He noted the EPA has recently become involved; however, the purpose of the continuance is to work though the process of the agreement and come into compliance. Tim Trostel, Karen Frarck, David Ellis, and Kent Dreher, all surrounding property owners, voiced concerns about this facility and opposition to this matter being further continued. Mr. Trostel submitted a two -page letter and eight photos for the Board's review. Glenn Mallory, State Health Department, confirmed the consent agreement should be completed on or before August 1, 1995, and agreed to have a representative available at neighborhood meetings. He confirmed receipt of a copy of the order from the EPA and stated the continuance of Weld County Waste Disposal's cash flow is important at this time in case a performance bond is needed to close the facility. He stated users notified by the EPA will also have to pay for closure if it occurs. Mr. Judd noted he is awaiting a response from the State concerning the injection well, which is also a solution to the violations; however, other than that, he anticipates the agreement will be final by August 1, 1995. Mr. Morrison noted August 1, 1995, will not allow sufficient time to hold hearings regarding the injection well. Responding to a question from Commissioner Kirkmeyer, Mr. Schuett referred to Tab 2, the last page of a letter dated March 28, 1995, which is an update of all issues in non-compliance. Mr. Morrison confirmed the Board is not agreeing to any portion of the agreement today and stated, if the Board disagrees with the agreement, it will go back to the agencies and be changed or could possibly be changed at the hearing on August 1, 1995. Commissioner Webster moved to continue said matter to August 1, 1995, at 9:00 a.m., and Commissioner Baxter seconded the motion. Commissioner Kirkmeyer stated she does not like the fact that this matter is being continued since the facility has not been in, and is still not in, compliance; however, she will agree with the motion since an agreement is in progress. Commissioners Baxter and Webster agreed, and Commissioner Webster reiterated the agreement is to be resolved by August 1, 1995, based on staffs recommendation. Commissioner Kirkmeyer reiterated the necessity of holding neighborhood meetings, and Chairman Hall agreed and stated he will reluctantly vote for the continuance. The motion then 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, May 17, 1995 951031 Page 3 BC0016 There being no further business, this meeting was adjourned at 9:55 a.m. BOARD OF COUNTY COMMISSIONERS LD COUNTY, CORA Dale K. Hall, Chairman L ' a(/f'U. Barbar. Kirkmeyer,`Pro-Tem's�1�, George'E. Baxter Fxr`i ISFn Constance L. Harbert W. H. ebster Minutes, May 17, 1995 951031 Page 4 BC0016 RECORD OF PROCEEDINGS MINUTES BOARD OF SOCIAL SERVICES WELD COUNTY, COLORADO MAY 17, 1995 TAPE #95-17 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, May 17, 1995, 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 Dale K. Hall, Chairman Commissioner Barbara J. Kirkmeyer, Pro-Tem Commissioner George E. Baxter Commissioner Constance L. Harbert - EXCUSED Commissioner W. H. Webster Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Shelly Miller MINUTES: WARRANTS: Commissioner Webster moved to approve the minutes of the Board of Social Services meeting of May 15, 1995, as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. Shelly Miller, Acting Clerk to the Board, presented the warrants for approval by the Board in the amount of $209,362.51. Commissioner Baxter moved to approve the warrants as presented by Ms. Miller. Commissioner Kirkmeyer 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 10:00 a.m. BOARD OF COUNTY COMMISSIONERS LLD COUNTY, CQLORADO DaI,K. Hall, Chairman Barbarp J. Kirkmeyer,,Fro-Tem Deputy Clerk 0 the Board f George Baxter Fxri isFn Constan je L. Harbert /.� "7)2 Yom' i'� l W. H. Webster 951031 BC0016 Hello