HomeMy WebLinkAbout981666.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SEPTEMBER 9, 1998
TAPE #98-23
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 9, 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, Esther E. Gesick
Comptroller, Claud Hanes
MINUTES: Commissioner Hall moved to approve the minutes of the Board of County
Commissioners meeting of September 2, 1998, as printed. Commissioner
Baxter seconded the motion, and it carried unanimously.
CERTIFICATION
OF HEARINGS: Commissioner Hall moved to approve the Certification of Hearings conducted on
September 2, 1998, as follows: 1)A Site Specific Development Plan and Special
Review Permit #1192 (Amended SUP #177), Little Thompson Water District.
Commissioner Baxter seconded the motion, which carried unanimously.
ADDITIONS TO
AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Webster moved to approve the consent agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
COMMISSIONER
COORDINATOR
REPORTS: Chair Harbert congratulated Commissioner Webster on being selected as the
representative candidate for the 48th House District.
981666
.('/,m cJ7, /I✓,R`r7 BC0016
PUBLIC INPUT: Fred and Elaine Hepner expressed concern regarding the road construction on
Weld County Road 16 between Weld County Roads 71 and 73, north of their
farm. Ms. Hepner stated the current level of construction will result in flooding
of their property and they have not been given the opportunity to give any input.
Chair Harbert stated there was a work session conducted with the Department
of Public Works and solutions to this situation were discussed. Mr. Hepner
requested an additional work session be conducted where he and his wife can
give some input for a solution. Commissioner Hall stated he would like to have
another work session and include the Hepners; however, he instructed Mr.
Hepner to meet with the Public Works Department and detail some alternative
solutions. Commissioner Webster stated he has visited the site and indicated
the ditch and canal need to be cleaned to help solve this problem. Ms. Hepner
stated often when the stream is dry the borrow ditch overflows onto their property
because of the natural flow of water. Commissioner Kirkmeyer requested the
Hepners meet with Frank Hempen, Director of Public Works, and set a date for
the work session and then schedule it with the Board.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following
warrants for approval by the Board:
All Funds $979,062.15
Commissioner Kirkmeyer moved to approve the warrants as presented by Mr.
Hanes. Commissioner Hall seconded the motion, which carried unanimously.
BIDS: PRESENT BRIDGE #5/42A BID - PUBLIC WORKS DEPARTMENT: Pat
Persichino, Director of General Services, presented the five bids received. Said
bids will be considered for approval Wednesday, September 23, 1998.
APPROVE TRANSPORTATION INFRASTRUCTURE BID - FINANCE
DEPARTMENT: Mr. Persichino requested the Board continue this bid to
Monday, September 14, 1998, to allow adequate time to conduct interviews with
each of the bidders. Commissioner Kirkmeyer moved to continue said bid to
Monday, September 14, 1998. Seconded by Commissioner Baxter, the motion
carried unanimously.
BUSINESS:
NEW: CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND
AUTHORIZE CHAIR TO SIGN -GENESSEE OIL, INC.: Warren Lasell, County
Assessor, stated this petition was not filed within the designated two-year period
as allowed by State statute and recommended denial. He explained the
equipment was removed from the site in 1994; however, this was not indicated
on the 1995 taxes. Cyndy Giauque, Assistant County Attorney, stated the
petitioner should have filed no later than January 2, 1998, as required by the
Statute of Repose; however, there is a process for refunding taxes if the Board
finds the petitioner was denied their rights of due process and was not aware of
the petition process. In response to Commissioner Kirkmeyer, Mr. Lasell stated
the petitioner did speak with the Assessor's and Treasurer's Offices but
misunderstood there is a specified time frame in which to file a petition.
Minutes, September 9, 1998 981666
Page 2 BC0016
Herb Miller, representative, stated the equipment was sold in 1994 and
Genessee Oil, Inc., thought it was abated by the Assessor's Office. In response
to Commissioner Kirkmeyer, Mr. Miller stated Genessee Oil, Inc., was not
supplied with an abatement form in 1995. Mr. Lasell clarified if the applicant had
filed within the designated time period, he would be recommending approval.
Commissioner Hall found the petitioner was denied its right of due process and
moved to approve said petition and authorize Chair to sign. Seconded by
Commissioner Baxter, the motion carried unanimously.
CONSIDER TEMPORARY ROAD CLOSURE OF WELD COUNTY ROAD 34
BETWEEN WELD COUNTY ROAD 13 AND 1-25 FRONTAGE ROAD:
Commissioner Webster moved to approve said closure. Seconded by
Commissioner Hall, the motion carried unanimously.
CONSIDER CONTRACT RENEWAL LETTER#1 FOR STATE EMS SUBSIDY
CONTRACT AND AUTHORIZE CHAIR TO SIGN: Commissioner Kirkmeyer
moved to approve said renewal letter #1 and authorize the Chair to sign.
Seconded by Commissioner Baxter, the motion carried unanimously.
CONSIDER APPOINTMENTS TO LOCAL ENERGY IMPACT AND
COMMUNITY REVIEW TEAM: Commissioner Baxter moved to approve said
appointments. Seconded by Commissioner Webster, the motion carried
unanimously.
CONSIDER FUNDING LETTER FOR COST ALLOCATION PLAN AND
AUTHORIZE CHAIR TO SIGN: Commissioner Hall moved to continue this
matter to Monday, September 14, 1998, to allows staff adequate time to review
and present said funding letter to the Board. Seconded by Commissioner
Kirkmeyer, the motion carried unanimously.
CONSIDER TWO AGREEMENTS FOR SAMPLING AND ANALYSIS OF
DRINKING WATER AND AUTHORIZE THE CHAIR TO SIGN: Judy Nero,
Department of Health representative, stated these agreements are with the North
Front Range Water Quality Planning Association and Sylmar Manor Moble Home
Park. She stated the fees are in accordance with Ordinance#82-S with terms
from July 29, 1998, through December 31, 1998. Commissioner Baxter moved
to approve said agreements and authorize the Chair to sign. Seconded by
Commissioner Hall, the motion carried unanimously.
CONSIDER ACCEPTANCE OF EASEMENT FOR PARKING AT THE
DEPARTMENT OF SOCIAL SERVICES BUILDING AND AUTHORIZE CHAIR
TO SIGN: Commissioner Kirkmeyer moved to accept said easement and
authorize the Chair to sign. Seconded by Commissioner Webster, the motion
carried unanimously.
PLANNING: CONSIDER REQUEST FOR EARLY RELEASE OF BUILDING PERMIT -
LITTLE THOMPSON WATER DISTRICT: Julie Chester, Department of
Planning Services representative, stated the Little Thompson Water District is
requesting an early release of the building permit for construction of their water
tank. Chair Harbert clarified if the plat is not recorded, the applicant will be
responsible for removal of any structures on the site. Michael Cook,
Minutes, September 9, 1998 981666
Page 3 BC0016
representative, stated there is no reason why the plat will not be recorded. Ms.
Chester added the applicant has met all of the Use by Special Review Permit
Conditions of Approval and Development Standards. Commissioner Kirkmeyer
moved to approve release of said building permit. Seconded by Commissioner
Webster, the motion carried unanimously.
CONSIDER APPLICATION FOR A TEMPORARY ASSEMBLY OF MORE
THAN 500 PERSONS ON SEPTEMBER 13, 1998 - LEAHY FAMILY FARM,
LLC: Ann Leahy, applicant, stated this is the fifth application submitted this year,
and explained the new concessionaire will be "Piggin' Out Bar-B-Q".
Commissioner Webster moved to approve said application. Seconded by
Commissioner Hall, the motion carried unanimously.
RESOLUTIONS AND
ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. No
Ordinances were approved.
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 9:40 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
v `�//� EXCUSED DATE OF APPROVAL
! * W
rit6 nst ce . Harb` j he Board y i 12
'
/ W. ebs er, ro-Tem
pper
B ..��lfl/lI(i!4,'* . ,/f �.�>..'
D= fir to the Board --_-_-_--Ss V 24, 1
org . Baxter
Dale K. Hall --"1,/,,,L47,,,__
�
iii>1a 2 �1 r4 4 -�
�arbara J. Kirkmeyer J. Kirkmeyer I /
Minutes, September 9, 1998 981666
Page 4 BC0016
Hello