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RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 14, 1996
TAPE #96-28
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 14, 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, Shelly Miller
Finance and Administration Director, Don Warden
READING OF
ORDINANCE
BY TAPE: FIRST READING OF ORDINANCE NO. 173-D: Commissioner Harbert moved
to allow the first reading of said ordinance by tape. Commissioner Hall
seconded the motion, which carried unanimously.
MINUTES: Commissioner Webster moved to approve the minutes of the Board of County
Commissioners meeting of October 9, 1996, as printed. Commissioner Baxter
seconded the motion, and it carried unanimously.
CERTIFICATION
OF HEARINGS: Commissioner Baxter moved to approve the hearing conducted on October 9,
1996, as follows: 1) Special Review Permit to park and store construction
equipment in the A (Agricultural) Zone District, Harlan Wall (Planner Keithley).
Commissioner Hall seconded the motion, which carried unanimously.
962437
BC0016
ADDITIONS: After Public Input was heard, Commissioner Harbert moved to add the following
item to the agenda under New Business: 4) Consider Pro/Con Statements
regarding Ballot Issue #1A. Commissioner Webster seconded the motion,
which carried unanimously.
CONSENT AGENDA: Commissioner Harbert moved to approve the consent agenda as printed.
Commissioner Webster seconded the motion, and it carried unanimously.
COMMISSIONER
COORDINATOR
REPORTS: No reports were given.
PUBLIC INPUT: Michael Brand, Corrections Director for The Villa at Greeley, Inc., commented
on the summaries submitted to the Clerk and Recorder's Office in favor of and
opposed to Ballot Issue#1A. He submitted Pages 17 and 18 of House Bill 90-
1327 as Exhibit A, Pages 1 and 2 of House Bill 90-1327 as Exhibit B, and a
summary of"con" statements submitted by opponents of Weld County Ballot
Question 1A as Exhibit C, in which he noted mis-statements. Mr. Brand then
requested the Board not send out any of the statements on the preparole issue.
Responding to the Board, Bruce Barker, County Attorney, explained the Board
is not required to send out the statements since it is not a TABOR issue. He
noted, however, two con statements and one pro statement were submitted to
the printer on Friday, October 11, 1996, and noted the Board has been
requested by only one side to not send out the statements. After further
discussion, Commissioner Harbert moved to add said matter to the agenda as
Item #4 under New Business. Commissioner Webster seconded the motion,
which carried unanimously.
WARRANTS: Don Warden, Director of Finance and Administration, presented the following
warrants for approval by the Board:
All Funds $ 1,319,781.32
Commissioner Baxter moved to approve the warrants as presented by Mr.
Warden. Commissioner Hall seconded the motion, which carried unanimously.
BUSINESS:
NEW: CONSIDER RENEWAL OF TAVERN LIQUOR LICENSE FOR MRS. LEO K.
WARDMAN, DBA ROCKPORT INN, AND AUTHORIZE CHAIR TO SIGN:
Mr. Barker stated the Sheriffs Office has no concerns regarding this
establishment. He confirmed all requisite documents and fees have been
provided and recommended approval of said renewal. Commissioner Webster
moved to approve the renewal and authorize the Chair to sign. The motion was
seconded by Commissioner Hall, and it carried unanimously.
Minutes, October 14, 1996 962437
Page 2 BC0016
CONSIDER RENEWAL OF 3.2% BEER LICENSE FOR WINNY
ENTERPRISES, INC., DBA PIZZA HUT RESTAURANT NO. 8041, AND
AUTHORIZE CHAIR TO SIGN: Mr. Barker stated the Sheriffs Office has no
concerns regarding this establishment. He confirmed all requisite documents
and fees have been provided and recommended approval of said renewal.
Commissioner Hall moved to approve the renewal and authorize the Chair to
sign. The motion was seconded by Commissioner Webster, and it carried
unanimously.
CONSIDER RENEWAL OF 3.2% BEER LICENSE FOR FLORINDA PESINA
AND LUPE PESINA, DBA PESINA'S CAFE, AND AUTHORIZE CHAIR TO
SIGN: Mr. Barker stated the Sheriffs Office has no concerns regarding this
establishment. He confirmed all requisite documents and fees have been
provided and recommended approval of said renewal. Commissioner Webster
moved to approve the renewal and authorize the Chair to sign. The motion was
seconded by Commissioner Hall, and it carried unanimously.
CONSIDER PRO/CON STATEMENTS REGARDING BALLOT ISSUE#1A: Mr.
Barker reiterated the County received requests to publicize statements from
both the pro and con sides of the issue; therefore, it would only be fair to hear
from both sides before withdrawing the process. He also reiterated the
statements are already in the process of being printed. Commissioner Harbert
voiced concern regarding the printing process; however, she stated Weld
County cannot send out statements which are grossly wrong. Chair Kirkmeyer
agreed but stated it seems unfair to act on this issue today and suggested the
matter be continued to Wednesday, October 16, 1996. Mr. Barker clarified that
the Clerk and Recorder actually received the statements. Commissioner
Harbert agreed the opponents should be aware of this matter. Lee Morrison,
Assistant County Attorney, stated he was unsure if the printing process could
be delayed until Wednesday without jeopardizing the TABOR issues. After
further discussion concerning noticing the opponents, Mr. Morrison confirmed
statute does not require the Clerk and Recorder to review said statements for
falsehood and reiterated it is not mandatory they be publicized. Commissioner
Webster stated the County has no obligation to either side and should stay out
of the process entirely. Commissioners Harbert and Baxter agreed and
reiterated false information should not be sent out and the decision must be fair.
Mr. Barker stated the Clerk and Recorder is considered the Election Official, and
she worked with him regarding the summary; however, it is a non-TABOR issue.
He clarified the Board is considered the Political Subdivision. Mr. Morrison
made further comments, and Commissioner Harbert suggested this matter be
continued to 9:00 a.m. on Tuesday, October 15, 1996. Mr. Warden suggested
staff be allowed to contact the Elections Department prior to the Board
adjourning this meeting. After further discussion, Chair Kirkmeyer stated this
matter will be delayed until after Planning items are heard.
Minutes, October 14, 1996 962437
Page 3 BC0016
PLANNING: FIRST READING OF ORDINANCE NO. 173-D, IN MATTER OF
AMENDMENTS TO ORDINANCE NO. 173, WELD COUNTY SUBDIVISION
ORDINANCE: Mr. Warden confirmed the tape was complete. Gloria Dunn,
Planning Department, presented a brief summary of the Planning Commission's
recommended amendments to Section 11, including additional changes to
Sections 11.9 and 11.14.2 as recommended by staff. She noted the benefits
of the proposed three-lot recorded exemption to the County and the applicants
and reviewed the criteria for submittal. Ms. Dunn then submitted the favorable
recommendations from Planning Commission and staff into the record. No
public testimony was offered. Commissioner Hall moved to approve Ordinance
No. 173-D on first reading, and Commissioner Baxter seconded the motion,
which carried unanimously.
FINAL READING OF ORDINANCE NO. 147-J, IN MATTER OF REPEAL AND
RE-ENACTMENT OF CERTAIN PORTIONS OF ORDINANCE NO. 147,
COMPREHENSIVE PLAN ORDINANCE: Commissioner Harbert moved to read
said ordinance by title only, and Commissioner Hall seconded the motion, which
carried unanimously. Mr. Barker read the title of Ordinance No. 147-J into the
record, and no public testimony was offered. Commissioner Harbert moved to
approve Ordinance No. 147-J on final reading. Commissioner Webster
seconded the motion, which carried unanimously.
BUSINESS:
NEW: (CONT.) CONSIDER PRO/CON STATEMENTS REGARDING BALLOT ISSUE #1A:
Mr. Morrison stated the Elections Department has requested the printer to hold
the statements until tomorrow and confirmed Kathy Seiler, Elections
Department, and J. A. "Suki" Tsukamoto, Clerk and Recorder, can be present
tomorrow also. Commissioner Harbert moved to continue said matter to
October 15, 1996, at 9:00 a.m., and Commissioner Baxter seconded the motion.
Chair Kirkmeyer clarified the Board requests the presence of Ms. Seiler,
Ms. Tsukamoto, and those who submitted pro/con statements. The motion then
carried unanimously.
RESOLUTIONS AND
ORDINANCES: The resolutions were presented and signed as listed on the consent agenda.
Ordinance No. 173-D was approved on first reading, and Ordinance No. 147-J
was approved on final reading.
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 14, 1996 962437
Page 4 BC0016
There being no further business, this meeting was adjourned at 9:45 a.m.
BOARD OF COUNTY COMMISSIONERS
ill Z WELD COUNTY, COLORADO
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J '� orge Baxter, Pro-T m
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Minutes, October 14, 1996 962437
Page 5 BC0016
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