HomeMy WebLinkAbout950283.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 1, 1995
TAPE #95-07, #95-08, AND #95-09
ROLL CALL:
MINUTES:
ADDITIONS:
CONSENT AGENDA:
PRESENTATIONS:
PUBLIC INPUT:
WARRANTS:
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,
March 1, 1995, at the hour of 9:00 a.m.
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 - TARDY
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
Commissioner Kirkmeyer moved to approve the minutes of the Board of County
Commissioners meeting of February 27, 1995, as printed. Commissioner
Webster seconded the motion, and it carried unanimously.
There were no additions to the agenda.
Commissioner Webster moved to approve the consent agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
RECOGNITION OF SERVICES - PETE BEAVER, PUBLIC WORKS
DEPARTMENT: Chairman Hall read said certificate into the record recognizing
Pete Beaver for his sixteen years of service. Mr. Beaver was not present to
accept his award.
Let the record reflect that Commissioner Baxter is now present.
There was no public input offered.
Don Warden, Director of Finance and Administration, presented the following
warrants for approval by the Board:
General Fund
Handwritten Warrants:
Payroll Fund
$ 486,479.63
$ 392.93
Commissioner Baxter moved to approve the warrants as presented by Mr.
Warden. Commissioner Harbert seconded the motion, which carried
unanimously.
950283
BC0016
BIDS:
PRESENT AND APPROVE ROOF REPLACEMENT (SOUTH COUNTY
SUBSTATION) - BUILDINGS AND GROUNDS DEPARTMENT: Pat Persichino,
General Services Director, read the names of the two bidders into the record
and recommended acceptance, on an emergency basis, of the low bid from
Front Range Roofing Systems, Inc., in the amount of $12,382.00. He stated the
last patch job on the roof was done in October 1994, and it is leaking again;
therefore, approval of this bid on an emergency basis will alleviate the problem.
Mr. Persichino answered various questions from the Board and stated the new
roof will have a ten-year guarantee. Commissioner Webster moved to approve
said bid on an emergency basis, and Commissioner Kirkmeyer seconded the
motion, which carried unanimously.
PRESENT ROOF REPLACEMENT (BUILDINGS AND GROUNDS
HEADQUARTERS) - BUILDINGS AND GROUNDS DEPARTMENT: Mr.
Persichino stated this bid is to replace the roof on the Buildings and Grounds
Headquarters building at 1500 2nd Street. He read the names of the two
bidders into the record and stated said bid will be considered for approval on
March 15, 1995. He also confirmed the cost will be included in the capital
improvement project.
PRESENT MISCELLANEOUS WELDING HARDWARE AND SUPPLIES -
PUBLIC WORKS DEPARTMENT: Mr. Persichino read the names of the seven
bidders into the record and stated said bid will be considered for approval on
March 15, 1995.
PRESENT 1995 STEEL BID - ENGINEERING DEPARTMENT: Mr. Persichino
read the names of the eleven bidders into the record and stated said bid will be
considered for approval on March 15, 1995.
PRESENT JOHN DEERE MODEL #445 - BUILDINGS AND GROUNDS
DEPARTMENT: Mr. Persichino stated this equipment is maintained by
Buildings and Grounds, and the reason for requesting a John Deere is that it will
be compatible with other equipment. He read the names of the five bidders into
the record and stated said bid will be considered for approval on March 15,
1995.
PRESENT 1995 DEFLECTION TESTING PROGRAM - PUBLIC WORKS
DEPARTMENT/ENGINEERING: Mr. Persichino read the names of the two
bidders into the record and stated said bid will be considered for approval on
March 15, 1995.
PRESENT MISCELLANEOUS SMALL HAND TOOLS - PUBLIC WORKS
DEPARTMENT: Mr. Persichino read the names of the ten bidders into the
record and stated said bid will be considered for approval on March 15, 1995.
BUSINESS:
NEW: CONSIDER REQUEST FROM PLANNING DEPARTMENT FOR PETTY CASH
FUND IN THE AMOUNT OF $100: Mr. Warden stated there is no petty cash
fund in the Assessor, Treasurer, Planning Department building, which makes
collection of fees for recording of plats quite cumbersome. Therefore, he
suggested said petty cash fund be established in the amount of $100.00.
Commissioner Harbert moved to approve said request, and Commissioner
Baxter seconded the motion, which carried unanimously.
CONSIDER RENEWAL OF TAVERN LIQUOR LICENSE, WITH EXTENDED
HOURS, FOR LUCKY STAR CORPORATION, DBA LUCKY STAR BAR AND
GRILL, AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Barker stated the
Records Department reported no violations for this establishment.
Commissioner Webster moved to approve the renewal of said license, with
extended hours, and authorize the Chairman to sign. The motion, seconded by
Commissioner Kirkmeyer, carried unanimously.
Minutes, March 1, 1995 950283
Page 2 BC0016
PLANNING:
CONSIDER PROBABLE CAUSE FOR SUP #454 - DUCKWORTH (CONT.
FROM 02/08/95): This meeting was recessed at 9:15 a.m. to allow the Board
to proceed with the Social Services meeting.
This meeting was reconvened at 9:20 a.m., at which time Keith Schuett,
Planning Department representative, reviewed staffs opinion including the
materials in the Board's packets. He also reviewed the specific Development
Standards not in compliance, which include #1, #4, #14, and #15. Mr. Schuett
stated staff is requesting the Board find probable cause with sufficient evidence
to set a Show Cause Hearing on April 5, 1995. Responding to Mr. Barker, Mr.
Schuett stated Development Standard #15 is attached in the Board's resolution,
requires compliance with all Development Standards, and states noncompliance
may be reason for revocation of the Permit. He stated Richard Judd, Attorney,
and Howard Duckworth, permitholder, were given preliminary materials. Mr.
Schuett noted Mr. Judd was also provided with a full packet today, as well as
information from the Health Department by FAX. At the request of Chairman
Hall, Mr. Barker explained the Board's procedure for this hearing, stating the
Departments have the burden of proof which the permitholder will be allowed to
rebut. Mr. Schuett clarified for Commissioner Kirkmeyer that Development
Standard #15 is a catch-all for compliance with all Development Standards. Jeff
Stoll, Health Department, stated the facility, Weld County Waste Disposal
(WCWD), has been cited for ten violations in the last eighteen months by the
State and County Health Departments. He noted the three main areas of
violation include: 1) negative impact on groundwater quality; 2) receiving
hazardous wastes; and 3) violation of operational standards of the Solid Waste
regulations. Responding to the Board, Mr. Stoll indicated the groundwater is
monitored by on -site wells and the full extent of the negative impact has not
been determined. Mr. Stoll noted State Health Department representatives are
also present to speak on the issue. Mr. Judd began his rebuttal by stating the
information presented is very sketchy and incomplete. He referred to the memo
dated January 6, 1995, to Chuck Cunliffe, Planning Department, from Mr. Stoll,
outlining the ten alleged violations as a result of the State's letter. Mr. Judd
submitted and reviewed Respondent Exhibit 1, a letter dated November 23,
1994, indicating WCWD is not subject to Section 9 of the Solid Waste
Regulations (Changed to Tape #95-08.); Respondent Exhibit 2, Water Analysis
Report from Technology Laboratory, Inc., analyzed January 3, 1995;
Respondent Exhibit 3, Chen and Associates' map of monitoring wells;
Respondent Exhibits 4, 5, 6, and 7, letters, with attachments, dated March 11,
1991, June 6, 1991, December 2, 1991, and March 2, 1992, respectively, from
Jane A. Godby, Northern Colorado Consulting Firm, to the Weld County Health
Department, regarding four instances of wastes approved by the Health
Department and accepted by WCWD; Respondent Exhibits 8, 9, and 10, letters,
with attachments, dated November 3, 1993, November 9, 1993, and
November 10, 1993, from the Weld County Health and Planning Departments
to Mr. Duckworth; Respondent Exhibit 11, letter dated December 9, 1993, from
Mr. Judd to the Weld County Health and Planning Departments, responding to
said letters presented as Respondent Exhibits 8, 9, and 10; Respondent
Exhibit 12, letter dated January 13, 1995, from the Weld County Health
Department to Mr. Duckworth; Respondent Exhibit 13, letter dated February 2,
1995, from Mr. Judd to Mr. Morrison, including a response to each alleged
violation; and Respondent Exhibits 14 through 22, photographs of the site taken
February 28, 1995. Mr. Judd presented additional testimony and reiterated
Section 9 regulations do not apply because a hearing did not occur, pursuant
to CRS, 24-4-105. Mr. Morrison read Section 9.1.4 into the record and stated
the only issue which it concerns is the groundwater. He clarified the Attorney
General concluded sufficient notice has been given and the Board of
Commissioner's hearing is part of the due process; therefore, WCWD has not
been deprived of the due process under CRS, 24-4-105. Mr. Judd clarified the
facility is subject to Section 9 regulations under determination made under
Section 9.1.4; however, he stated the determination has not been made and a
State hearing has not been held. He stated, therefore, the Board must make
Minutes, March 1, 1995 950283
Page 3 BC0016
a determination today subject to Section 9. Mr. Morrison further clarified the
Board must find evidence of impairment to surface groundwater before it finds
WCWD is subject to the provisions under Section 9; and the Board must make
a judgement if no impairment is found. Mr. Schuett noted some violations
include reference to Section 9, however, some do not, and he stated the Board
must find only one item in noncompliance to schedule a Show Cause Hearing.
Mr. Morrison clarified probable cause must be found on all issues to be
discussed at the Show Cause Hearing, and he answered questions from the
Board. Mr. Judd referred to various exhibits and answered numerous questions
from the Board, clarifying all requested information has been provided and
written reports have been maintained. Mr. Judd then submitted Respondent
Exhibit 23, Status Report prepared by Groundwater Technology, Inc., for the
record. Mr. Judd and Mr. Duckworth answered additional questions from the
Board.
Let the record reflect a recess was taken at 10:40 a.m., and the Board held the
10:00 a.m. hearing for USR #1067 on H. S. Resources, Inc.
This meeting was reconvened at 11:00 a.m., and Mr. Stoll reiterated the three
main issues and the fact that Mr. Morrison and the Attorney General disagree
that the facility is not subject to Section 9. He requested Steve Laudeman, Solid
Waste Division of the State Health Department, be allowed to review the
benzene found in the groundwater monitoring well, as well as the inorganics
found which are unique in oil and gas wastes. Mr. Judd noted objection for the
record especially regarding organics and requested the opportunity for further
rebuttal. Mr. Laudeman presented several overheads including a site map,
analytical data, and graphs and commented on high levels of sodium and
chloride found in Well #5. He referred to his letter dated August 26, 1993, to Mr.
Duckworth, concerning statistical analysis data and answered numerous
questions from the Board. Mr. Judd rebutted Mr. Laudeman's testimony and
asked him several questions. Mr. Stoll presented further testimony and
answered questions from the Board. Don Shosky, Senior Project Manager for
Groundwater Technology, Inc., also represented Mr. Duckworth and presented
extensive testimony, referring to various exhibits. Mr. Shosky also answered
several questions from the Board and Mr. Stoll. After further discussion among
Mr. Laudeman, Mr. Stoll, Mr. Shosky, and the Board, Mr. Morrison clarified
problems with the benzene level and Well #5 were sufficiently noticed by the
memo, with attachments, dated January 6, 1995, from Mr. Stoll to Mr. Cunliffe
and the August 26, 1993, letter from Mr. Laudeman to Mr. Duckworth; however,
discussion concerning Well #8 and other issues not noticed may present
problems. He clarified dealing with other wells and problems creates concerns
because data may not be well enough developed and the issues may not have
been noticed. Mr. Judd requested the Board find there is not sufficient evidence
to determine the groundwater has been impacted and noted he was prepared
for a hearing concerning only benzene and Well #5 as detailed in the August 26,
1993, letter. He requested the opportunity to be prepared for all matters to be
discussed at a later hearing. Mr. Morrison suggested the Board adjourn and an
amended notice for the probable cause hearing be provided. The Board
discussed various options, and Mr. Stoll noted his January 6, 1995 memo also
referenced the letter from the Attorney General concerning impact on the
groundwater and supported the State's determination of the violation. Mr.
Morrison clarified there was not an issue until discussion included Well #8 and
other issues not adequately noticed. After further comments from Mr. Morrison,
it was determined said matter should be continued for three months to allow Mr.
Laudeman four weeks to statistically analyze data for eight quarters and to allow
Mr. Judd eight weeks preparation time after he receives said analysis.
Commissioner Kirkmeyer requested all issues on the table today be noticed for
discussion at the continued hearing and amend Item #1 in Mr. Stoll's memo
dated January 6, 1995. Mr. Schuett requested any additional information also
be included in the notice and heard. Mr. Judd reiterated his request for
sufficient written notice including all issues to be heard. Mr. Schuett stated
Minutes, March 1, 1995 950283
Page 4 BC0016
concerns about the facility operating on an appropriate fee schedule for solid
waste surcharge, which is included in its Permit. (Changed to Tape #95-09.)
After further discussion, Commissioner Kirkmeyer moved to continue said
matter to May 17, 1995, at 9:00 a.m., and to amend Item #1 in Mr. Stoll's memo
dated January 6, 1995, and to include the solid waste surcharge issue and all
other issues discussed today. Commissioner Harbert seconded the motion,
which carried unanimously.
RESOLUTIONS AND
ORDINANCES:
ATTEST:
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 2:40 p.m.
Weld County Clerk to the Board
BY.
Deputy CIerlQ)ro the Board
BOARD OF COUNTY COMMISSIONERS
WOUNTY, CO RA O
Dale K. Hall, Chairman
EXCUSED DATE OF APPROVAL
Barbara,J. KirkmeyeryPro-Tem
G
George:. Baxter
('
Constance L. Harbert
W. H. Webster
Minutes, March 1, 1995 950283
Page 5 BC0016
RECORD OF PROCEEDINGS
MINUTES
BOARD OF SOCIAL SERVICES
WELD COUNTY, COLORADO
MARCH 1, 1995
TAPE #95-07
ROLL CALL:
MINUTES:
WARRANTS:
NEW BUSINESS:
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, March 1, 1995, at the hour of 9:00 a.m.
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, Shelly Miller
Director of Finance and Administration, Don Warden
Commissioner Harbert moved to approve the minutes of the Board of Social
Services meeting of February 27, 1995, as printed. Commissioner Webster
seconded the motion, and it carried unanimously.
Don Warden, Director of Finance and Administration, presented the warrants
for approval by the Board in the amount of $152,679.56. Commissioner
Kirkmeyer moved to approve the warrants as presented by Mr. Warden.
Commissioner Harbert seconded the motion, which carried unanimously.
CONSIDER NOTIFICATION OF FINANCIAL ASSISTANCE AWARD FOR
PLACEMENT ALTERNATIVES COMMISSION FUNDS WITH ISLAND GROVE
REGIONAL TREATMENT CENTER AND AUTHORIZE CHAIRMAN TO SIGN:
Dan Fowler, Social Services representative, explained the period of this award
is from February 1, 1995, through May 31, 1995, and is in the total amount of
$18,337.00. He stated the monthly rate is $173.18 and the hourly rate is $30.98
for family preservation services. Commissioner Webster moved to approve said
notification and authorize the Chairman to sign. The motion, seconded by
Commissioner Baxter, carried unanimously.
CONSIDER NOTIFICATION OF FINANCIAL ASSISTANCE AWARD FOR
PLACEMENT ALTERNATIVES COMMISSION FUNDS WITH ALTERNATIVE
HOMES FOR YOUTH AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Fowler
explained the period of this award is from February 1, 1995, through May 31,
1995, and is in the total amount of $16,881.00. He stated the monthly rate is
$1,267.00 and the hourly rate is $6.08 for day treatment services.
Commissioner Baxter moved to approve said notification and authorize the
Chairman to sign. The motion, seconded by Commissioner Webster, carried
unanimously.
CONSIDER NOTIFICATION OF FINANCIAL ASSISTANCE AWARD FOR
PLACEMENT ALTERNATIVES COMMISSION FUNDS WITH ACKERMAN AND
ASSOCIATES, P.C., AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Fowler
explained the period of this award is from February 1, 1995, through May 31,
1995, and is in the total amount of $12,631.00. He stated the monthly rate is
$1,250.00 and the hourly rate is $29.27 for intensive family mediation services.
Commissioner Kirkmeyer moved to approve said notification and authorize the
Chairman to sign. The motion, seconded by Commissioner Harbert, carried
unanimously.
950283
BC0016
ATTEST:
CONSIDER SHELTER AND CASE MANAGEMENT FUNDING DISTRIBUTION
PLAN OF WELD COUNTY SUBMITTED BY INTERAGENCY STRATEGIC
PLANNING COMMITTEE: Mr. Fowler stated this local plan encompasses a
number of recommendations concerning the distribution of general assistance
resources for homeless residents and is being presented by the Interagency
Strategic Planning Committee to propose shelter and case management funding
recommendations. He noted the grant is in the amount of $60,000, and the plan
is a culmination of many hours of work and effort among funding and servicing
agencies. Commissioner Baxter thanked all those who spent their time working
on the plan and moved to approve it. Commissioner Webster seconded the
motion, which carried unanimously.
CONSIDER AGREEMENT WITH WELD COUNTY ATTORNEY - $24,900:
Bruce Barker, County Attorney, stated this agreement is in the amount of
$24,900.00 and for services which the County Attorney's Office provides Social
Services for at -risk adults and various administration appeals and dealings. He
stated the amount should be sufficient to cover the costs. Commissioner
Harbert moved to approve said agreement, and Commissioner Kirkmeyer
seconded the motion, which carried unanimously.
CONSIDER AGREEMENT WITH WELD COUNTY ATTORNEY - $54,666: Mr.
Barker stated this agreement is in the amount of $54,666.00 and for services
provided by Jim Pope, County Attorney's Office, for Social Services'
dependency and neglect cases. He stated the amount should cover personnel
and license fees and all associated costs. Commissioner Baxter moved to
approve said agreement, and Commissioner Kirkmeyer seconded the motion,
which carried unanimously.
CONSIDER WELD COUNTY GRIEVANCE/COMPLAINT PROCESS
REGARDING DEPARTMENT RESPONSE TO CHILD ABUSE AND NEGLECT
REPORTS: Mr. Fowler stated this process was established in accordance with
Senate Bill 94 and provides a grievance procedure for parent -neglect
complaints. Commissioner Webster moved to approve said process, and
Commissioner Baxter seconded the motion, which carried unanimously.
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 9:20 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, QQLOR/jDO
Dale K. Hall, Chairman
Weld County Clerk to the Board
BY C 4J
k hd-
Deputy Clerk(Jb the Board
EXCUSED DATE OF APPROVAL
Barbara J. Kirkmeyer, Pro-Tem
George /Baxter
Constance L. Harbert
//
W. 14' Webster
Minutes, March 1, 1995 950283
Page 2 BC0016
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