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Home My WebLink About951227.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JUNE 19, 1995 TAPE #95-19 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, June 19, 1995, at the hour of 9:00 a.m. ROLL CALL: MINUTES: ADDITIONS: CONSENT AGENDA: COMMISSIONER COORDINATOR REPORTS: PUBLIC INPUT: WARRANTS: 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 Commissioner W. H. Webster Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Carol Harding Finance and Administration Director, Don Warden Commissioner Kirkmeyer moved to approve the minutes of the Board of County Commissioners meeting of June 12, 1995, as printed. Commissioner Webster seconded the motion, and it carried unanimously. There were no additions to the agenda. Commissioner Baxter moved to approve the consent agenda as printed. Commissioner Harbert seconded the motion, and it carried unanimously. There were no reports given. No public input was offered. Don Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: General Fund Payroll Fund Handwritten Warrants: Payroll Fund $ 374,234.60 $ 4,355.01 $ 248,008.20 Commissioner Webster moved to approve the warrants as presented by Mr. Warden. Commissioner Baxter seconded the motion, which carried unanimously. 951227 BC0016 BUSINESS: OLD: CONSIDER DUST BLOWING COMPLAINT AGAINST TED OSTER - N'/2N'/2 S6, T3N, R65W (CONT. FROM 5/22/95): Bruce Barker, County Attorney, reviewed said complaint against Ted Oster and stated Mr. Oster agreed to reseed specific areas which were causing the problem. Mr. Barker stated Donna Nelson, Natural Resources Conservation Services, made a field visit on June 2, 1995, at which time she determined Mr. Oster did comply with the agreement by reseeding those areas. Both landowners have also agreed to irrigate those specific areas if high winds occur prior to crop establishment. Commissioner Kirkmeyer moved to dismiss said dust blowing complaint. NEW: CONSIDER RENEWAL OF 3.2% BEER LICENSE FOR TEXACO OF COLORADO, INC., DBA TEXACO #104 AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Barker stated the application is in order and no violations or other incidents were reported on a records check for the prior year. Commissioner Webster moved to approve said renewal and authorize the Chairman to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER RENEWAL OF RETAIL LIQUOR STORE LICENSE FOR RONALD FAHRENHOLTZ, DBA CJ'S LIQUORS AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Barker noted the application is in order and all fees have been paid. He stated there were no violations or other incidents reported on a records check for the past year. Commissioner Kirkmeyer moved to approve said renewal and authorize the Chairman to sign. Seconded by Commissioner Webster, the motion carried unanimously. CONSIDER PURCHASE OF SERVICES AGREEMENT BETWEEN HUMAN SERVICES FENWC MIGRANT HEAD START PROGRAM AND MESA COUNTY VALLEY SCHOOL DISTRICT 51 AND AUTHORIZE CHAIRMAN TO SIGN: Walt Speckman, Director of Human Services, stated this is the on -going contract for services to provide FENWC with classroom and playground facilities, custodial services and meals for migrant children enrolled in the Summer Migrant Head Start Program at Clifton Elementary School in Grand Junction. The term of said contract is June 12, 1995, through August 18, 1995. Commissioner Harbert moved to approve said agreement and authorize the Chairman to sign. Seconded by Commissioner Baxter, the motion carried unanimously. CONSIDER AMENDMENT #102 TO THE OLDER WORKER CONTRACT BETWEEN HUMAN SERVICES AREA AGENCY ON AGING AND THE GOVERNOR'S JOB TRAINING OFFICE AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Speckman stated said amendment is to extend the Older Worker Contract for a three-month period, from June 30, 1995, through September 30, 1995. Commissioner Baxter moved to approve said amendment and authorize the Chairman to sign. Seconded by Commissioner Harbert, the motion carried unanimously. CONSIDER PURCHASE OF SERVICES AGREEMENT BETWEEN HUMAN SERVICES AREA AGENCY ON AGING AND LARIMER COUNTY AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Speckman explained said agreement allows for an exchange of services on an as needed basis to provide backup for both counties when situations arise in nursing homes or personal care boarding homes. Commissioner Webster moved to approve said agreement and authorize the Chairman to sign. Seconded by Commissioner Baxter, the motion carried unanimously. Minutes, June 19, 1995 951227 Page 2 BC0016 CONSIDER 1995 GREELEY JOB SERVICE BUSINESS PLAN AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Speckman stated this plan is a requirement of the Job Service Program; however, it does not include any budget information. The term of said plan is July 1, 1995, through June 30, 1996. Commissioner Harbert moved to approve said plan and authorize the Chairman to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER CONTRACT FOR TITLE II -A AND TITLE III FUNDS BETWEEN HUMAN SERVICES AND GOVERNOR'S JOB TRAINING OFFICE AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Speckman stated this contract has not changed from last year. Said grant will provide job development, referral and placement, classroom and on-the-job training, and skills enhancement for 38 low income, older adults. The term of said grant is July 1, 1995, through June 30, 1996. Commissioner Baxter moved to approve said contract and authorize the Chairman to sign. Seconded by Commissioner Harbert, the motion carried unanimously. CONSIDER AGREEMENT FOR SAMPLING AND ANALYSIS OF POLLUTANT DISCHARGE BETWEEN HEALTH DEPARTMENT AND LAKE VIEW VILLAGE AND AUTHORIZE CHAIRMAN TO SIGN: John Pickle, Health Department Director, presented said agreement for approval. The term of said agreement is January 1, 1995, through December 31, 1995. Commissioner Harbert moved to approve said agreement and authorize the Chairman to sign. Seconded by Commissioner Webster, the motion carried unanimously. CONSIDER AMENDMENT #2 TO AIDS EDUCATION CONTRACT BETWEEN HEALTH DEPARTMENT AND COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Pickle stated this amendment is to extend funding for an additional three months, for the period January 1, 1995, through September 30, 1995. Commissioner Baxter moved to approve said amendment and authorize the Chairman to sign. Seconded by Commissioner Webster, the motion carried unanimously. CONSIDER PERSONAL CARE BOARDING HOME CONTRACT BETWEEN HEALTH DEPARTMENT AND COLORADO DEPARTMENT OF HEALTH AND ENVIRONMENT AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Pickle said there have only been minor changes in this contract over the past several years. Said contract includes annual inspections of 16 personal care boarding home facilities in Weld County and 18 facilities in Larimer County. The term of said contract is July 1, 1995, through June 30, 1998. Commissioner Harbert moved to approve said contract and authorize the Chairman to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER FAMILY PLANNING PROGRAM CONTRACT BETWEEN HEALTH DEPARTMENT AND COLORADO DEPARTMENT OF HEALTH AND ENVIRONMENT AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Pickle stated said contract is for a term from July 1, 1995, through June 30, 1996 and is renewable annually at the State's option for three additional one-year periods. He noted the total contract amount of $78,318 is $7,466 less than last year's contract. Commissioner Webster moved to approve said contract and authorize the Chairman to sign. Seconded by Commissioner Harbert, the motion carried unanimously. Minutes, June 19, 1995 951227 Page 3 BC0016 CONSIDER STATE PER CAPITA APPROPRIATION LETTER OF AGREEMENT BETWEEN HEALTH DEPARTMENT TO COLORADO DEPARTMENT OF HEALTH AND ENVIRONMENT AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Pickle stated the total appropriation for Weld County is $167,613. Term of said agreement is July 1, 1995, through June 30, 1996. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chairman to sign. Seconded by Commissioner Baxter, the motion carried unanimously. CONSIDER AMENDMENT #2 TO RYAN WHITE HIV CONTRACT BETWEEN HEALTH DEPARTMENT AND COLORADO DEPARTMENT OF HEALTH AND ENVIRONMENT AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Pickle noted said contract provides case management services for HIV -affected clients. This amendment extends the term of said contract to include May 1, 1995, through March 31, 1996. Commissioner Harbert moved to approve said amendment and authorize the Chairman to sign. Seconded by Commissioner Baxter, the motion carried unanimously. CONSIDER CHANGE ORDER LETTER NO. 1 TO IMMUNIZATION CONTRACT BETWEEN HEALTH DEPARTMENT AND COLORADO DEPARTMENT OF HEALTH AND ENVIRONMENT AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Pickle explained said change order increases the travel category of said contract to allow staff state-wide travel for day care consultation and to discuss Weld County's tracking system. The term for said contract is January 1, 1995, through December 31, 1995. Commissioner Kirkmeyer moved to approve said change order and authorize the Chairman to sign. Seconded by Commissioner Baxter, the motion carried unanimously. CONSIDER AGREEMENT CONCERNING IMPROVEMENTS TO WELD COUNTY ROAD #7 AND AUTHORIZE CHAIRMAN TO SIGN - RUFF: Drew Scheltinga, County Engineer, stated this agreement is for acquisition of .317 acres of right-of-way for the Weld County Road 7 project from George and Judith Ruff. He explained the recent sale of several sites provided an appropriate market price of $22,800 per acre, which computes to $8,000 for this parcel. Mr. Scheltinga stated nothing else is covered in the agreement, except the statement that this action does not affect the validity of the recorded exemption at that location by removing acreage. Commissioner Webster moved to approve said agreement and authorize the Chairman to sign. Seconded by Commissioner Harbert, the motion carried unanimously. CONSIDER DIRECTING CLERK TO THE BOARD TO HAVE PUBLISHED EMERGENCY ORDINANCE NO. 183-A, SUPPLEMENTAL APPROPRIATION FOR 1995: Mr. Warden explained it is necessary to process a supplemental appropriation for the year 1995, which has been prepared as Emergency Ordinance No. 183-A. The first step is to authorize Clerk to the Board to publish said ordinance. Commissioner Harbert moved to do so. The motion, which was seconded by Commissioner Kirkmeyer, carried unanimously. CONSIDER AUTHORIZATION OF ACCOUNTING TRANSACTIONS CONCERNING SOCIAL SERVICES LITIGATION: Mr. Warden stated a draft resolution has been prepared, which was made necessary by the Supreme Court's reversal of the District Court ruling concerning turnback of Social Services funding to the State. In previous years certain accounting and budget Minutes, June 19, 1995 951227 Page 4 BC0016 transactions were made based upon the District Court ruling, which must now be adjusted. Mr. Warden now recommends the transaction to advance funds to the Social Services Fund in the amount of $920,440 from the Contingency Fund in the amount of $440,948 and the Emergency Reserve Fund in the amount of $479,492, be reclassified as a transfer of funds and not as an advance of funds; and that the emergency reserve of $800,000 in the Emergency Reserve Fund be handled as unreserved. Commissioner Baxter moved to approve said draft resolution. The motion, which was seconded by Commissioner Kirkmeyer, carried unanimously. PLANNING: CONSIDER SITE APPLICATION FOR CONSTRUCTION OF A LIFT STATION FROM ERIE WATER AND SANITATION DISTRICT AND AUTHORIZE CHAIRMAN TO SIGN: Gloria Dunn, Department of Planning Services, reviewed the request for construction of a new lift station to serve a new residential area in Erie. David Sell, representing the Erie Water and Sanitation District, was present to answer questions from the Board. There was no public testimony given. Commissioner Webster moved to approve said application and authorize the Chairman to sign. Seconded by Commissioner Baxter, the motion carried unanimously. CONSIDER ZPMH #1958 - MANNING: Shani Eastin, Department of Planning Services, stated this request is to allow a mobile home to be used temporarily during a medical hardship. She said the applicant was not able to obtain 70% of the surrounding property owners signatures. Ms. Eastin stated this property was previously involved in several zoning violations which have now been resolved, and noted the past use as a medical hardship is no longer in effect; however, this medical hardship request is new. Responding to questions from Chairman Hall, Ms. Eastin noted staff verifies medical hardships on an annual basis. There was no public testimony offered. Commissioner Kirkmeyer moved to approve ZPMH #1958, with the Condition of Approval as written by staff. The motion, which was seconded by Commissioner Harbert, carried unanimously. CONSIDER ZPMH #1964 - MONTES: Ms. Eastin stated the request is to use a mobile home as a principal dwelling, and all concerns noted by the Town of Kersey have been addressed. She stated no calls or letters have been received; however, the applicant was not able to obtain 70% of the surrounding property owners signatures. Maria Montes, representing the applicant, Felicitos Montes, stated her husband has been working at a dairy in Weld County, while she is employed by the 19th Judicial District. In response to Commissioner Baxter's question concerning why she did not obtain the appropriate number of signatures, Ms. Montes explained an incident that occurred while her husband and several other individuals were moving big rocks off the land, when several neighbors approached them regarding reckless driving in an area where children are present. Ms. Montes stated when they went to get signatures they were unable to obtain the appropriate numbers. Monte Loma, a resident in the area stated he has no problem with a family living in the mobile home; however, he was under the impression it was a group of men who were driving recklessly and did not have any regard for the children in the neighborhood. Commissioner Harbert, after verifying with Ms. Montes they are planning to live in the mobile home themselves, moved to approve ZPMH #1964 with the Conditions of Approval as written by staff. The motion, which was seconded by Commissioner Webster, carried unanimously. Minutes, June 19, 1995 951227 Page 5 BC0016 CONSIDER RE #1735 - TROSTEL: Ms. Eastin reviewed the history of the parcel under consideration and stated the request does meet the criteria for a recorded exemption since the applicant is building a home next to his son, and the remainder of the property will be farmed. Leslie Pickering, representing her father, Willard Trostel, responded to Commissioner Baxter that they are well aware of the sewage treatment facility within one-half mile of their location. In response to a question from Commissioner Kirkmeyer, Ms. Pickering explained an amendment to the previous recorded exemption on this property was done because each child was to be given one acre and the parcel in question was 2.5 acres; therefore, she deeded the remainder back to her father. No public testimony was given. Commissioner Kirkmeyer, after ascertaining the applicant had no problem with the Conditions of Approval as written by staff, moved to approve RE #1735 with three Conditions of Approval. The motion, which was seconded by Commissioner Webster, carried unanimously. RESOLUTIONS AND ORDINANCES: ATTEST: Weld County Clercto tbi 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. There being no further business, this meeting was adjourned at 9:45 a.m. Deputy Clerk to the Board /41 C _ - _ BOARD OF COUNTY COMMISSIONERS Wf+ D COUNTY, COLORADO Dale K. Hall, Chairman -Tem iA arbar,J. Kirkmeyer, yo George Baxter iC Constance L. Harbert 1 / /I W. H. Webster Minutes, June 19, 1995 951227 Page 6 BC0016 RECORD OF PROCEEDINGS MINUTES BOARD OF SOCIAL SERVICES WELD COUNTY, COLORADO JUNE 19, 1995 TAPE #95-19 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, June 19, 1995, at the hour of 9:00 a.m. ROLL CALL: MINUTES: WARRANTS: NEW BUSINESS: 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 Commissioner W. H. Webster Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Carol Harding Commissioner Kirkmeyer moved to approve the minutes of the Board of Social Services meeting of June 12, 1995, as printed. Commissioner Baxter seconded the motion, and it carried unanimously. Carol Harding, Finance and Administration, presented the warrants for approval by the Board in the amount of $576,715.38. Commissioner Webster moved to approve the warrants as presented by Ms. Harding. Commissioner Kirkmeyer seconded the motion, which carried unanimously. CONSIDER 1995 COMMUNITY FOOD AND NUTRITION PROGRAM APPLICATION AND AUTHORIZE CHAIRMAN TO SIGN: Dan Fowler, Department of Social Services, explained the County has been awarded funds through this program the past four years, and has contracted with the Weld Food Bank for implementation of the program. Commissioner Baxter moved to approve said application and authorize the Chairman to sign. Seconded by Commissioner Harbert, the motion carried unanimously. CONSIDER FOURTEEN NOTIFICATION OF FINANCIAL ASSISTANCE AWARDS FOR PLACEMENT ALTERNATIVES COMMISSION (PAC) FUNDS FOR VARIOUS AGENCIES AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Fowler read the list of agencies and programs being considered for approval, noting the Board has already approved the bid under which these individual programs were approved. Total of all awards is $703,035.59. Commissioner Baxter moved to approve said awards and authorize the Chairman to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. 951227 BC0016 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 9:55 a.m. BOARD OF COUNTY COMMISSIONERS ELD COUNTY, COL,ORAD ATTEST: Weld County Clerk to'the Bbjr; BY. Deputy Clerk to tl*1'board Dale K. Hall, Chairman -I j) J Kir, meyer,/ arbar r9-Tem C eorge F!. Baxter Constance L. Harbert (/ W. H. Webster Minutes, June 19, 1995 951227 Page 2 BC0016 RECORD OF PROCEEDINGS MINUTES OF EXECUTIVE SESSION BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JUNE 19, 1995 The Board of County Commissioners of Weld County, Colorado, met in executive session in full conformity with the laws of the State of Colorado at the Weld County Centennial Center, Greeley, Colorado, June 19, 1995, at the hour of 8:35 a.m. ROLL CALL: ATTEST: 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 Commissioner W. H. Webster Also present: County Attorney, Bruce T. Barker Finance and Administration Director, Don Warden The purpose of the meeting was to discuss the recent amendment to Article XV, Section 15-5 of the Weld County Home Rule Charter and its effect on current litigation between The Villa, Inc. and the Board. The executive session was held upon the advice of the Weld County Attorney. The Board recessed the meeting at 8:55 a.m. and reconvened at 1:30 p.m. At 2:45 p.m. the executive session was adjourned. Weld County Clerk to 619 east By. �/7_, Deputy Clerk to the Board__ BOARD OF COUNTY COMMISSIONERS Dale K. Hall, Chairman arbar J. Kirkmeyer o-Tem O George ≥Baxter Constance L. Harbert k W. H. Webster 951259 BC0016 Hello