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HomeMy WebLinkAbout981789.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO SEPTEMBER 28, 1998 TAPE #98-25 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 28, 1998, 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 Constance L. Harbert, Chair Commissioner W. H. Webster, Pro-Tem Commissioner George E. Baxter Commissioner Dale K. Hall Commissioner Barbara J. Kirkmeyer Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Carol A. Harding Director of Finance and Administration, Donald D. Warden READ ORDINANCE BY TAPE: READ ORDINANCE #198-B BY TAPE: Commissioner Hall moved to read Ordinance#198-B by tape. The motion,which was seconded by Commissioner Kirkmeyer, carried unanimously. MINUTES: Commissioner Webster moved to approve the minutes of the Board of County Commissioners meeting of September 23, 1998, as printed. Commissioner Hall seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Baxter moved to approve the Certification of Hearings conducted on September 23, 1998, as follows: 1) Assessment Hearing for Weld County Martin Brothers PUD Local Improvement District No. 1997-1; and 2) Site Specific Development Plan and Special Review Permit#1193, Gary and Mary Novotny. Commissioner Hall seconded the motion, which carried unanimously. ADDITIONS TO AGENDA: There were no additions to the agenda. CONSENT AGENDA: Commissioner Hall moved to approve the consent agenda as printed. Commissioner Webster seconded the motion, and it carried unanimously. 981789 •ac. , �X,,� BC0016 PUBLIC INPUT: There was no public input. WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $ 1,441,999.36 Commissioner Kirkmeyer moved to approve the warrants as presented by Mr. Warden. Commissioner Hall seconded the motion, which carried unanimously. BUSINESS: NEW: CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN - MOTHER EARTH, INC.: Warren Lasell, Assessor, explained the petitioner claimed to be out of business when the taxes were assessed, and stated his staff has verified the date of closure; therefore, he recommends approval of said abatement. Commissioner Webster moved to approve said petition and authorize the Chair to sign. Seconded by Commissioner Baxter, the motion carried unanimously. CONSIDER AMENDMENT TO MEMORANDUM OF UNDERSTANDING FOR ONE-STOP CAREER CENTER SYSTEM IMPLEMENTATION FUNDS AND AUTHORIZE CHAIR TO SIGN: Walt Speckman, Director of Human Services, stated this amendment increases the grant funds by $2,222, for a total of $116,116, and extends the grant until December 31, 1998. Commissioner Baxter moved to approve said amendment and authorize the Chair to sign. Seconded by Commissioner Webster, the motion carried unanimously. CONSIDER LIFEPLANS BENEFITS PRODUCTS AND SERVICES CARE MANAGEMENT AGREEMENT AND AUTHORIZE CHAIR TO SIGN: Mr. Speckman stated said agreement provides assessment and ongoing case management services to Life Plans/Family Caring Network. He further stated the addendum includes a change in the amount the Area Agency on Aging will be reimbursed because of a change from a flat rate to an hourly payment. Mr. Speckman noted the change will benefit Weld County. Commissioner Baxter moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Hall, the motion carried unanimously. CONSIDER PROPOSAL FOR FUNDING FOR HIV PREVENTION SERVICES IN RURAL COMMUNITIES AND AUTHORIZE CHAIR TO SIGN: Judy Nero, Health Department, presented the HIV Prevention Services proposal for approval, stating three intervention projects will be undertaken during the calendar year of 1999, in the total amount of $50,000. Commissioner Baxter moved to approve said proposal and authorize the Chair to sign. Seconded by Commissioner Webster, the motion carried unanimously. CONSIDER PERMANENT CLOSURE OF WELD COUNTY ROAD 64.5 BETWEEN WELD COUNTY ROADS 45 AND 47: Frank Hempen, Jr., Director of Public Works, stated this portion of Weld County Road 64.5 was vacated by the Board of County Commissioners on August 4, 1997, under the condition it remain open until construction of the new NS Runway at the Airport requires it Minutes, September 28, 1998 981789 Page 2 BC0016 to be closed. Mr. Hempen added the road should now be permanently closed. Commissioner Webster moved to approve said closure. The motion,which was seconded by Commissioner Hall, carried unanimously. CONSIDER CONTRACT FOR REPLACEMENT OF BRIDGE #47/68B AND AUTHORIZE CHAIR TO SIGN: Mr. Hempen presented said contract for the Bridge #47/68B Project. Commissioner Kirkmeyer moved to approve said contract and authorize the Chair to sign. Seconded by Commissioner Webster, the motion carried unanimously. CONSIDER INTERGOVERNMENTAL AGREEMENT FOR THE IMPROVEMENT OF BASELINE ROAD, A.K.A. WELD COUNTY ROAD 2, A.K.A. 168TH AVENUE AND AUTHORIZE CHAIR TO SIGN: Mr. Hempen explained this is a four-party agreement, in the total amount of $282,000 to repair Weld County Road 2. He further explained Weld County's share is $79,000 plus trucking, and the other entities will each pay an equal portion of the project. After discussion, Commissioner Kirkmeyer clarified that all of Weld County's portion will be annexed, only the portion in Adams County remains to be annexed. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Hall,the motion carried unanimously. CONSIDER EMERGENCY ORDINANCE #198-B, IN THE MATTER OF A SUPPLEMENTAL APPROPRIATION FOR THE YEAR 1998: Mr. Warden reviewed the supplemental appropriations being considered. There was no public testimony given. Commissioner Baxter moved to approve Ordinance #198-B on an emergency basis. The motion, which was seconded by Commissioner Kirkmeyer, carried unanimously. PLANNING: CONSIDER PROBABLE CAUSE HEARING FOR USR #1181 - WEIDENHAMER/WALKER: (Clerk's Note: Lee Morrison, Assistant County Attorney, is now acting as Attorney of Record.) Sharyn Frazer, Department of Planning Services, stated Special Review Permit #1181 was approved on June 17, 1998, at which time the applicant was given 15 days in which to record the plat. She said the plat has not been recorded to date; however, the racetrack is operational and numerous complaints have been received regarding the hours of operation, noise, etc. Responding to Commissioner Hall, Scott Ballstadt, Planning Department, stated he did inform the applicant of the requirements for recording the plat, after which he received calls from them asking hours of operation, etc. Mr. Ballstadt also stated the applicant indicated that now the racing season is over, everything will be taken care of; however, the applicant was not present at today's hearing. There was no public testimony. In response to Commissioner Hall, Mr. Morrison stated all issues need to be cited in the motion, as well as the finding that it is more probable than not that the violations have occurred. Responding to Commissioner Hall, Ms. Frazer stated there is a manufactured home on the property; however, Mr. Ballstadt stated the applicant did not apply for a building or electrical permit. Sheble McConnellogue, Health Department, stated she responded to a noise complaint on a Sunday morning, at which time it appeared a man was living in the house. However, she was told the men building the track were only camping there. Commissioner Hall moved to find there is Probable Cause to Minutes, September 28, 1998 981789 Page 3 BC0016 believe violations exist for USR #1181, as printed by staff, and a Show Cause Hearing be set for October 28, 1998, at 10:00 a.m. Commissioner Baxter seconded the motion, which carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. Ordinance #198-B was approved on an emergency basis. 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 9:30 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: i .�j �OYYII�EAt�4JJ Constance L. Harbert, Chair Weld County Clerk t.' he :•a / ��2� ;- Q\Ib ,� i��Q�G -- W. H. ebs�er, ro-Tem BY: Deputy Clerk o / rge . Baxter Dale . Hall arbara J. Kirkmeyer Minutes, September 28, 1998 981789 Page 4 BC0016 Hello