HomeMy WebLinkAbout960182 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FEBRUARY 14, 1996
TAPE #96-05
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,
February 14, 1996, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chair Pro-Tem and on roll call the
following members were present, constituting a quorum of the members thereof:
Commissioner Barbara J. Kirkmeyer, Chair- EXCUSED
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 A. Harding
Finance and Administration Director, Don Warden
MINUTES: Commissioner Webster moved to approve the minutes of the Board of County
Commissioners meeting of February 12, 1996, as printed. Commissioner Hall
seconded the motion, and it carried unanimously.
ADDITIONS: Chair Pro-Tem Baxter added Reading of Ordinance#189 by Tape immediately
following Approval of Consent Agenda.
CONSENT AGENDA: Commissioner Harbert moved to approve the consent agenda as printed.
Commissioner Webster seconded the motion, and it carried unanimously.
READING OF
ORDINANCE BY
TAPE: CONSIDER READING ORDINANCE #189 BY TAPE: Commissioner Harbert
moved to read Ordinance #189 by tape. The motion, which was seconded by
Commissioner Hall, carried unanimously.
PUBLIC INPUT: John Folsom, who lives in Casa Grande Estates, spoke to the Board as a
followup to a letter he sent dated February 1, 1996, regarding annexations in the
southwest portion of the County. He questions the legality of poling and
flagpoling of annexations which are creating a checkerboard pattern across a
large area of the County and are being completed without regard to the impact
on municipal services, roads, and schools. Mr. Folsom asked the Board for a
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motion of reconsideration regarding the Dollaghan Annexation to the Town of
Firestone. Commissioner Hall responded that the Board has discussed this and
Chair Kirkmeyer has agreed to contact the Mayor of Firestone regarding Mr.
Folsom's concerns. Commissioner Hall also stated the Board has a meeting
scheduled with the Firestone Town Council on February 19, 1996, and
requested Mr. Folsom meet with Lee Morrison, Assistant County Attorney, to
identify all the issues he is concerned about. Bruce Barker, County Attorney,
stated the meeting on February 19, 1996, is a public meeting, and Mr. Folsom
is welcome to attend. It will be held at the Firestone Town Hall at 6:00 p.m.
WARRANTS: Don Warden, Director of Finance and Administration, presented the following
warrants for approval by the Board:
All Funds $ 268,118.13
Commissioner Webster moved to approve the warrants as presented by Mr.
Warden. Commissioner Harbert seconded the motion, which carried
unanimously.
BIDS: PRESENT 1996 SHOT ROCK - PUBLIC WORKS DEPARTMENT: Pat
Persichino, General Services Director, presented the one bid received and
stated the bid will be considered for approval on February 28, 1996.
PRESENT SIGN FACING MATERIAL, SIGN BLANKS, AND FIBERGLASS
REFLECTORS - PUBLIC WORKS DEPARTMENT: Mr. Persichino presented
the bids received from 12 vendors. Said bid will be considered for approval on
February 28, 1996.
PRESENT BITUMINOUS PAVEMENT MIX AND ASPHALT-PUBLIC WORKS
DEPARTMENT: Mr. Persichino presented the bids received from four vendors.
Said bid will be considered for approval on February 28, 1996.
APPROVE EARTHWORK FOR WELD BUSINESS PARK - PUBLIC WORKS
DEPARTMENT: Mr. Persichino recommended the acceptance of the low bid
from Bucklen Equipment Company. Commissioner Webster moved to approve
said bid, in the amount of 74¢ per cubic yard. Commissioner Hall seconded the
motion, which carried unanimously.
RECONSIDER BELLY DUMP TRACTOR DOUBLE HOPPER TRAILER -
PUBLIC WORKS DEPARTMENT (01/31/96): Mr. Persichino stated the bid
from Maxey Truck and Trailer, in the amount of$22,381.00 was approved on
January 31, 1996; however, the vendor does not make a double hopper trailer,
therefore, Maxey Truck and Trailer cannot honor the bid. He requested said bid
be rejected and Intermountain Wholesale be awarded the bid. Commissioner
Harbert moved to reconsider said bid, Commissioner Webster seconded the
motion, and it carried unanimously. Commissioner Hall moved to reject the
previous award to Maxey Truck and Trailer and to accept the bid from
Intermountain Wholesale, in the amount of$27,000.00. Commissioner Webster
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Page 2 BC0016
seconded the motion, which carried unanimously.
BUSINESS:
NEW: CONSIDER SIX AGREEMENTS FOR SAMPLING AND ANALYSIS OF
POLLUTANT DISCHARGE BY HEALTH DEPARTMENT WITH VARIOUS
ENTITIES AND AUTHORIZE CHAIR TO SIGN: Judy Nero, Health Department,
stated said agreements are in accordance with the County's established fees,
and the term of said agreements is January 1, 1996 through December 31,
1996. Commissioner Harbert moved to approve said agreements and authorize
the Chair to sign. Seconded by Commissioner Hall, the motion carried
unanimously.
CONSIDER TWENTY-FIVE AGREEMENTS FOR SAMPLING AND ANALYSIS
OF DRINKING WATER BY HEALTH DEPARTMENT WITH VARIOUS
ENTITIES AND AUTHORIZE CHAIR TO SIGN: Ms. Nero explained said
agreements are in the same format as the 1995 contracts and the term of each
agreement is January 1, 1996, through December 31, 1996. Commissioner
Webster moved to approve said agreements and authorize the Chair to sign.
Seconded by Commissioner Hall, the motion carried unanimously.
CONSIDER CONTRACT RENEWAL LETTER NO. 2 FOR TUBERCULOSIS
OUTREACH CONTRACT BETWEEN HEALTH DEPARTMENT AND
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT,
DISEASE CONTROL AND ENVIRONMENTAL EPIDEMIOLOGY DIVISION,
AND AUTHORIZE CHAIR TO SIGN: Ms. Nero stated this is the contract which
is necessary to help fund TB followup within the County as we continue to follow
several active cases per year, as well as contact persons exposed but not
requiring treatment. Term is February 1, 1996, through January 31, 1997.
Commissioner Harbert moved to approve said contract and authorize the Chair
to sign. Seconded by Commissioner Hall, the motion carried unanimously.
CONSIDER PURCHASE OF SERVICES AGREEMENT FOR LABORATORY
TESTING BETWEEN HEALTH DEPARTMENT AND LARIMER COUNTY
HEALTH DEPARTMENT AND AUTHORIZE CHAIR TO SIGN: Ms. Nero stated
this agreement provides specific testing for the Larimer County Health
Department, and the agreement is in effect for the period January 1, 1996,
through December 31, 1996. Commissioner Webster moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Hall,
the motion carried unanimously.
CONSIDER CONTRACT FOR IMMUNIZATION PROGRAM BETWEEN
HEALTH DEPARTMENT AND COLORADO DEPARTMENT OF PUBLIC
HEALTH AND ENVIRONMENT AND AUTHORIZE CHAIR TO SIGN: Ms. Nero
stated the total immunization contract has been reduced by $68,337.00 from
last year's contract. It provides immunizations for children aged birth to two
years. To accommodate the decrease, the number of activities will be restricted
and will only be addressed as funding permits. Commissioner Harbert
Minutes, February 14, 1996 960182
Page 3 BC0016
questioned whether the Children's Clinic would still receive funding, however,
Mr. Warden stated it would not since Congress did cut back on the funding.
Commissioner Hall moved to approve said contract and authorize the Chair to
sign. Seconded by Commissioner Harbert, the motion carried unanimously.
CONSIDER CHANGE ORDER LETTER NO. 1 FOR CANCER PREVENTION
AND CONTROL PROGRAM BETWEEN HEALTH DEPARTMENT AND
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT,
PREVENTION DIVISION, AND AUTHORIZE CHAIR TO SIGN: Ms. Nero said
the amount of this contract is reduced $8,105.00, to a funding level of
$10,366.00 for the period August 1, 1995, through July 15, 1996. She said the
Colorado Department of Public Health and Environment has assured the Health
Department this reduction in funding is temporary and full funding will be
obtained. Commissioner Webster moved to approve said change and authorize
the Chair to sign. Seconded by Commissioner Harbert, the motion carried
unanimously.
CONSIDER APPOINTMENT AND REAPPOINTMENT TO BOARD OF
TRUSTEES FOR NORTH COLORADO MEDICAL CENTER: Chair Pro-Tem
Baxter stated LaRue Mondt is being considered for reappointment and Lori
Briscoe is being considered for appointment to replace Ken Lind on said board.
Both terms expire January 12, 1999. Commissioner Hall so moved, and
Commissioner Webster seconded. The motion carried unanimously.
EMERGENCY ORDINANCE NO. 189, IN MATTER OF AUTHORIZING
ISSUANCE OF COUNTY'S GENERAL OBLIGATION LIBRARY BONDS FOR
BENEFIT OF AND ON BEHALF OF WINDSOR-SEVERANCE LIBRARY
DISTRICT: Mr. Warden announced the tape was near the end. Mr. Barker
stated this is the Windsor/Severance Library Bond issue for the purpose of
purchasing personal and real property. He stated the County issues the Bonds
for, and on behalf of, the Library District; however, it does not create a debt
obligation for the County. He stated this is requested as an Emergency
Ordinance in order to take advantage of volatile municipal bond rates at the
present time. Don Diones, Executive Vice President of Bigelow and Company,
stated his firm is underwriting this issue. He explained a favorable election was
held last fall, with 72 percent in favor of the bond issue. A total of$1,655,000
will be issued with a 20-year payback. The Windsor/Severance Library District
received a "MA" rating, and the bonds were offered for sale last week. At this
time, approximately 30 are left. Upon approval of this issue, his firm with
complete the sale of those bonds. Responding to Commissioner Webster, Mr.
Diones stated the interest is 5.15 percent. There was no public input offered.
Mr. Barker noted Section 30 of the Ordinance addresses the emergency nature
of said Ordinance. Commissioner Hall moved to approve Ordinance#189 on
an emergency basis. Seconded by Commissioner Webster, the motion carried
unanimously.
PLANNING: CONSIDER RE#1833-MOODY(CONT. FROM 01/31196) [PLANNER DUNN]:
Gloria Dunn, Department of Planning Services, stated the applicant is present
Minutes, February 14, 1996 960182
Page 4 BC0016
and would like to request another continuance. Bruce Johnson, applicant,
stated he has been swamped with work and has not had the opportunity to give
this matter the required attention. He stated he has met with Planning staff
several times and is looking for a way to resolve the concerns. He requested
continuance to March 27, 1996. The Commissioners questioned whether he will
be ready to proceed at that time, and Mr. Johnson assured the Board he would
either proceed at that time or drop the request entirely. Commissioner Harbert
moved to continue RE #1833 to March 27, 1996, at 9:00 a.m. Seconded by
Commissioner Webster, the motion carried unanimously.
CONSIDER RE #1840 -WAGNER [PLANNER EASTIN]: Mr. Barker advised
the applicant of his right to request a continuance of this matter with only four
Commissioners present; however, Chris Wagner, applicant, requested the
matter be heard today. Shani Eastin, Department of Planning Services,
presented staff's recommendation for denial based on the loss of prime
farmland for agricultural purposes, which evades the goals of the
Comprehensive Plan, and stated the proposal does not meet the criteria for
achieving orderly and efficient development as required by the Subdivision
Ordinance. Ms. Eastin stated this parcel lies within the Urban Growth
Boundary of the Town of Mead; however, no response was received from the
town. Lot A has two existing accesses and the proposed buyer intends to raise
horses on that parcel, as well as live there. Responding to Commissioner
Harbert, Ms. Eastin stated the proposed buyer intends to have approximately
12 horses, and noted the request is for 25 acres; however, the applicant is
willing to move the western boundary of Lot A west to the boundary of the entire
parcel to reduce problems in accessing that portion of the parcel. Mr. Wagner
stated he grew up on this farm which he now owns with a brother and a sister.
Since both siblings live out of state and he lives on a nearby farm, the house is
not used. He explained they tried renting it for several years; however, that has
not been successful. Mr. Wagner said he does farm 1,400 acres all together,
and he explained the fields are too small on Lot A to be farmed along with his
other land, since he works 55 to 60 acre fields with 12-row equipment instead
of the ten acres Lot A is broken into. Responding to Commissioner Hall, Ms.
Eastin stated Lot A would have to remain less than 34.9 acres with the west line
extended to the edge of property. Mr. Wagner stated it would not exceed 32
acres. Commissioners Baxter and Webster questioned the water supply, since
Mr. Wagner does not intend to sell water rights with the land. Mr. Wagner
explained Lot A has always been planted in small grains, such as barley and
winter wheat, because there is adequate sub-irrigation to support those crops.
He will enter into a contract to rent water to the buyer of Lot A if it is necessary.
Mr. Wagner also explained the slope of the land and the direction of adjacent
irrigation provide tailwater to this parcel. Byron Ford, proposed buyer, stated it
will be three or four years before he can farm this land full time; however, in the
meantime Mr. Wagner has agreed to continue farming it. Eventually he will
plant it in alfalfa or grass, but until then he will have horses fed on hay. In
response to Commissioner Harbert, Mr. Wagner stated he does agree with the
proposed Conditions of Approval and he agrees with the addition of Condition
#3 requiring a contract for lease of water for a period of at least seven years.
Minutes, February 14, 1996 960182
Page 5 BC0016
Ms. Eastin proposed Condition of Approval #3 to read: "Prior to recording the
plat the applicant shall submit evidence of a seven-year lease agreement for
irrigation water for Lot A to the Department of Planning Services. Said water
shall be sufficient in quantity to irrigate all of Lot A for a full season." Mr. Barker
stated a Condition is not necessary for the change to the west boundary, the
motion for approval can be made with the understanding that the west boundary
be extended. Commissioner Harbert moved to approve RE #1840 with the two
proposed Conditions of Approval, as well as the addition of #3 regarding
evidence of water availability, with the understanding that Lot A shall be
extended to the western boundary of the entire parcel. Seconded by
Commissioner Webster, the motion carried unanimously.
RESOLUTIONS AND
ORDINANCES: The resolutions were presented and signed as listed on the consent agenda.
Ordinance#189 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 10:10 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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Minutes, February 14, 1996 960182
Page 6 BC0016
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