HomeMy WebLinkAbout960102.tiff FEB 41996
RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JANUARY 24, 1996
TAPE #96-02
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,
January 24, 1996, at the hour of 9:00 a.m.
The meeting was called to order by the Chair and on roll call the following
ROLL CALL:
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
MINUTES: Commissioner Webster moved to approve the minutes of the Board of County
Commissioners meeting of January 22, 1996, as printed. Commissioner Hall
seconded the motion, and it carried unanimously.
ADDITIONS: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Hall moved to approve the consent agenda as printed.
Commissioner Harbert seconded the motion, and it carried unanimously.
PRESENTATIONS: RECOGNITION OF SERVICES - JERROLD BRETHAUER, BOARD OF
ADJUSTMENT: Chair Kirkmeyer read the certificate recognizing Jerrold
Brethauer for his two years of service. Mr. Brethauer was not present to accept
said certificate.
960102
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RECOGNITION OF SERVICES - RICHARD MOLLANDER, WELD/LARIMER
LOAN REVIEW COMMITTEE: Chair Kirkmeyer read the certificate recognizing
Richard Mollander for his six years of service. Mr. Mollander was not present to
accept said certificate.
RECOGNITION OF SERVICES - BILL JACKSON, EXTENSION ADVISORY
COUNCIL: Chair Kirkmeyer read the certificate recognizing Bill Jackson for his
seven years of service. Mr. Jackson was not present to accept said certificate.
PUBLIC INPUT: No public input was offered.
WARRANTS: Don Warden, Director of Finance and Administration, presented the following
warrants for approval by the Board:
All Funds $ 124,377.64
Commissioner Webster moved to approve the warrants as presented by Mr.
Warden. Commissioner Baxter seconded the motion, which carried unanimously.
BIDS: PRESENT BIDS: Pat Persichino, General Services Director, stated there are no
bids to be presented.
APPROVE CHEST X-RAYS - HEALTH DEPARTMENT: Mr. Persichino
recommended approval of the sole bid from Corporate Health and Medical
Programs, Greeley Clinic, for $21,600.00. Commissioner Baxter moved to
approve said bid, and Commissioner Hall seconded the motion, which carried
unanimously.
APPROVE WELD COUNTY BRIDGE#33/86A- ENGINEERING DEPARTMENT:
Mr. Persichino stated the Public Works Department recommended acceptance
of the low bid from Zak Dirt, Inc, for $234,995.50. Commissioner Hall moved to
approve said recommendation, and Commissioner Harbert seconded the motion,
which carried unanimously.
BUSINESS:
NEW: CONSIDER CONTRACT FOR HIV COUNSELING AND TESTING BETWEEN
HEALTH DEPARTMENT AND COLORADO DEPARTMENT OF PUBLIC HEALTH
AND ENVIRONMENT AND AUTHORIZE CHAIR TO SIGN: Judy Nero, Health
Department, stated this contract is for $961.00, which is 20 percent of the
Federally budgeted amount for 1996. She explained the contract will be
amended as the remainder of the budget is approved, which will allow for an
increase in funding up to $750 over last year depending on the number of clients
served. Commissioner Harbert moved to approve said contract and authorize the
Chair to sign. The motion, seconded by Commissioner Webster, carried
unanimously.
Minutes, January 24, 1996 960102
Page 2 BC0016
CONSIDER PURCHASE OF SERVICES AGREEMENT BETWEEN HEALTH
DEPARTMENT AND TOM FLANAGAN, CONSULTANT PHARMACIST, AND
AUTHORIZE CHAIR TO SIGN: Ms. Nero stated this agreement provides for Mr.
Flanagan to conduct on-site visits to the clinic, conduct random chart audits to
ensure drugs dispensed and administered are documented, prepare
prepackaged medications, provide general consultation for staff concerning
medications, and participate in review and formulation of policies and procedures
concerning pharmacy protocol. She stated he will be paid $50.00 per hour for up
to two hours per month, which is the same amount as last year. Commissioner
Baxter moved to approve said agreement and authorize the Chair to sign.
Commissioner Webster seconded the motion, which carried unanimously.
CONSIDER CONTRACT RENEWAL LETTER NO. 2 BETWEEN HEALTH
DEPARTMENT AND COLORADO DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT (DISEASE CONTROL AND ENVIRONMENTAL
EPIDEMIOLOGY DIVISION, COMMUNICABLE DISEASE SECTION) AND
AUTHORIZE CHAIR TO SIGN: Ms. Nero stated this contract pays for chlamydia
tests done in sexually transmitted disease and family planning clinics. The
current renewal is for only $735.00, which is 20 percent of the predicted funding
for the year due to Federal budget delay. Ms. Nero explained the contract will be
amended to reflect increased funding as the budget is resolved and will be
approximately $562.00 more than last year. Commissioner Webster moved to
approve said renewal letter and authorize the Chair to sign. The motion was
seconded by Commissioner Hall, and it carried unanimously.
CONSIDER PURCHASE OF SERVICES AGREEMENT BETWEEN HEALTH
DEPARTMENT AND NORTHERN COLORADO CYTOLOGY SERVICE AND
AUTHORIZE CHAIR TO SIGN: Ms. Nero stated this agreement will provide for
anatomic pathology services for the Health Department clinics at a
reimbursement of$9.00 for each pap smear processed. She noted the term of
the agreement is from January 1, 1996, through December 31, 1996, and
recommended approval. Commissioner Harbert moved to approve said
agreement and authorize the Chair to sign. Commissioner Hall seconded the
motion, which carried unanimously.
CONSIDER WELD COUNTY CHILDREN'S IMMUNIZATION COALITION GRANT
APPLICATION FROM HEALTH DEPARTMENT TO GREELEY AREA
FOUNDATION AND AUTHORIZE CHAIR TO SIGN: Rosemary Spence, Health
Department Nursing, explained this application is for $4,500.00 to be used to
print flyers which list the immunization schedule and clinics for 1996, to be
distributed to parents throughout Weld County. She stated other funding was
cut; therefore, this grant is being applied for, and she will coordinate the project.
Commissioner Baxter moved to approve said application and authorize the Chair
to sign. Commissioner Hall seconded the motion. Commissioner Webster noted
he is on the Greeley Area Foundation Board, and it was decided he should
abstain from the vote. The motion then carried unanimously, with Commissioner
Webster abstaining.
Minutes, January 24, 1996 360102
Page 3 ^:x :O016
CONSIDER CHANGE IN POLLING PLACES FOR 1996 ELECTIONS: Bruce
Barker, County Attorney, referenced the memo to the Board from the Clerk and
Recorder requesting a change in two polling places. He explained State statute
provides for the Clerk and Recorder to set polling places upon approval by the
Board. Commissioner Hall moved to approve said changes, and Commissioner
Baxter seconded the motion, which carried unanimously.
CONSIDER AT&T COMMISSION AGREEMENT, LEC PUBLIC TELEPHONES;
AMENDMENT TO AT&T COMMISSION AGREEMENT, INMATE CALLING
SERVICE; AND COMMISSION PAYMENT PLAN AND RATE SCHEDULE WITH
AT&T COMMUNICATIONS, INC., AND AUTHORIZE CHAIR TO SIGN: Mr.
Warden stated these documents will allow the continuance of the arrangement
used for about the last six years where inmates' calls are billed to the receiving
number. He explained Weld County earns a commission, and the Sheriffs Office
and Phone Service have researched the recipients' rates, which are comparable.
Commissioner Webster moved to approve said documents and authorize the
Chair to sign. The motion was seconded by Commissioner Baxter, and it carried
unanimously.
CONSIDER INMATE TELEPHONE SERVICE AGREEMENT BETWEEN WELD
COUNTY JAIL AND U S WEST COMMUNICATIONS, INC., AND AUTHORIZE
CHAIR TO SIGN: Commissioner Webster moved to approve said agreement and
authorize the Chair to sign. Commissioner Hall seconded the motion, which
carried unanimously.
PLANNING: CONSIDER RE #1836 AND #1837 - EHRLICH AND AUSTIN: Gloria Dunn,
Planning Department, explained there are two separate applications to be
considered, but the parcels are adjacent and owned by the same property owner.
She further explained Reuben Ehrlich originally applied for the recorded
exemption; then the Austins bought the property and wished to proceed with the
applications. Ms. Dunn reviewed the staff summary, maps, and staffs
recommendation for denial. She further expounded on the referral responses
with concems and the reasons for recommending denial and answered questions
from the Board. Don Carroll, Public Works Department, responded regarding the
bridge on Weld County Road 72 over Lone Tree Creek and the existing
accesses. Mr. Barker reminded the Board there are two separate applications,
requiring two separate actions; however, evidence may be considered for both.
Addressing questions and concerns, Bruce Johnson, applicants' representative,
stated the sprinkler system was installed in the early 1980's. He noted Vern
Nelson, Engineer, does not yet have a report regarding the necessary adjustment
for the floodplain; however, Lesh Drilling did check the static water level, and
septic systems are safe. Mr. Johnson stated there is an existing machine shed
on proposed Lot B of RE #1836, which is where one home is proposed. He
stated the comers are wasteland; however, he noted there is less land out of
production now than before the center pivot was installed. Responding to further
questions from the Board, Mr. Carroll confirmed the bridge on Road 72 is
adequate and his latest traffic count was in 1990. Mr. Johnson responded to the
Board regarding crops and irrigation and confirmed the applicants intend to
continue farming the 82-acre parcels. Ms. Dunn noted a building permit for
Min - . ;, January 24, 1996 960102
BC0016
proposed Lot A was applied for in January 1996, and Mr. Carroll noted a
foundation for a home was being poured this morning on Lot B behind the shed.
Responding to a question from Commissioner Hall concerning the Goals and
Policies of the Comprehensive Plan, Mr. Johnson stated the recorded
exemptions will not affect productivity and agreed farmers have rights to continue
current practices, including crop spraying, etc. Ms. Dunn clarified that staff has
not approved the necessary Flood Hazard Development Permit for the property
and the applicants are in violation if any type of construction is occurring on site.
Commissioner Hall stated further concerns with septic systems being proposed
so close to a water supply. Mr. Johnson stated the septic systems will be
engineered and comply with ISDS regulations. Further discussion followed, and
no public testimony was offered. At the request of Commissioner Webster, Ms.
Dunn presented Conditions of Approval for both recorded exemptions to the
Board for review. Mr. Johnson agreed with all Conditions of Approval including
the building envelopes; however, Mr. Nelson suggested the building envelope on
Lot A be on the east side of the creek. Ms. Dunn clarified the acreage on the
east side is only 0.72 acres, which staff feels is too small. Chair Kirkmeyer
suggested adding a Condition of Approval limiting the use of the access closest
to the intersection of Weld County Road 43 on Weld County Road 72 to property
maintenance only. Mr. Johnson agreed and stated he would encourage a
permanent ground cover in the east corner. Mr. Barker suggested limiting the
size of the building envelope on Lot B; and, after discussion, the Board
determined the size to be no larger than four acres. Chair Kirkmeyer then
suggested adding a Condition of Approval requiring a note on the plat noticing
purchasers of the Right-to-Farm Covenant for the farmers' protection. Mr. Barker
suggested said requirement be added to Condition of Approval #2a as an
additional note. Commissioner Hall stated this request may be pushing the
encroachment of residential development on agricultural land; however, the
corners are non-productive. Therefore, he moved to approve RE #1836 for
Reuben Ehrlich and Chuck and Kari Austin, with the Conditions of Approval as
suggested by staff, the addition to Condition of Approval #2a regarding the Right-
to-Farm Covenant, the addition to Condition of Approval #2b limiting the size of
the building envelope on Lot B to four acres, and the addition to Condition of
Approval #3 restricting the access on Road 72 for property maintenance only.
Commissioner Webster seconded the motion. Commissioner Baxter stated he
understands staffs concerns, but this request is a classic example of increasing
farm production by installing a sprinkler and then having the corners left over as
non-productive. The motion then carried unanimously. Commissioner Hall then
moved to approve RE#1837 for Reuben Ehrlich and Chuck and Kari Austin, with
the Conditions of Approval as suggested by staff, the addition to Condition of
Approval #2a regarding the Right-to-Farm Covenant, and the addition to
Condition of Approval #2b limiting the size of the building envelope on Lot B to
four acres. Commissioner Baxter seconded the motion, and Mr. Johnson
consented to the Conditions of Approval. The motion then carried unanimously.
RESOLUTIONS AND
ORDINANCES: The resolutions were presented and signed as listed on the consent agenda.
There were no ordinances.
Minutes, January 24, 1996 , 960102
Page 5 BC001 S
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.
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Minutes, January '. . 9)6 ' 960102
Page 6 BC0016
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