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RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 15, 1996
TAPE #96-15
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,
May 15, 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 - EXCUSED
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 May 13, 1996, as printed. Commissioner Baxter
seconded the motion, and it carried unanimously.
ADDITIONS: Chair Kirkmeyer added the following under New Business: 4) Consider
consenting to Assignment of Communication Radio Antenna Lease from
Stauffer Communications, Inc., to Benedek Broadcasting Corporation and
authorize Chair to sign.
CONSENT AGENDA: Commissioner Harbert moved to approve the consent agenda as printed.
Commissioner Webster seconded the motion, and it carried unanimously.
960847
BC0016
PRESENTATIONS: RECOGNITION OF SERVICES - SAM AINSWORTH, UNIFORM BUILDING
CODE BOARD OF APPEALS: Chair Kirkmeyer read said certificate into the
record recognizing Sam Ainsworth for his six years of service. Mr. Ainsworth
was present later in the meeting to accept his award.
RECOGNITION OF SERVICES -ANTHONY BELFIORE, BUILDING TRADES
ADVISORY COMMITTEE: Chair Kirkmeyer read said certificate into the record
recognizing Anthony Belfiore for his eight years of service. Mr. Belfiore was not
present to accept his award.
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 $ 317,528.77
Commissioner Baxter moved to approve the warrants as presented by Mr.
Warden. Commissioner Webster seconded the motion, which carried
unanimously.
BIDS: PRESENT 1996 LAUNDRY - VARIOUS DEPARTMENTS: Pat Persichino,
General Services Director, read the names of the vendors into the record and
stated said bid will be considered for approval on May 29, 1996.
APPROVE 1/2-TON FOUR-WHEEL DRIVE TRUCK WITH EXTENDED OR
CLUB CAB - SHERIFF'S DEPARTMENT: Mr. Persichino stated the Sheriffs
Office recommends acceptance of the bid from Weld County Garage, with
Option #1, for $22,075.00. Commissioner Baxter moved to approve said
recommendation, and Commissioner Harbert seconded the motion, which
carried unanimously.
BUSINESS:
NEW: CONSIDER DUST BLOWING COMPLAINT- ROBERT PACKARD PROPERTY:
Bruce Barker, County Attorney, stated the Public Works Department has
determined damages to Weld County Roads 89, 52, and 97 have occurred from
soil blowing from properties managed by Robert Packard. He noted these
roads have been closed since April 1996, and the County has incurred
substantial costs trying to open these roads. Mr. Barker reviewed the Board's
authority to consider dust blowing complaints and determine damage to property
and order emergency measures to remedy the soil blowing problem. He
referenced two letters of recommendation from the Soil Conservation Service
and a letter from Theodore Demos, Attorney representing Mr. Packard,
Minutes, May 15, 1996 960847
Page 2 BC0016
indicating the Packards are in a Chapter 12 bankruptcy proceeding. Mr. Barker
noted, however, there is a provision excepting government for the protection of
the health, safety, and welfare of inhabitants. Mr. Packard was present and
stated he has not been able to obtain sludge to spread on the property;
however, the property has been leased to farm and is being worked. He noted
the best method of prevention would be for it to rain and for the property to be
planted, and he has tried chiseling along the sides of the land. Mr. Packard
confirmed the lessees plan to plant millet or cover crop and grass along Weld
County Road 52, noting 2,200 acres are in grass in a set-aside program.
Responding to questions from the Board, Mr. Packard stated basically no crop
was harvested last year and the ground is hard to control when there is no rain.
He agreed snow fence and/or trenches may help prevent the blowing. Mr.
Demos referenced the Chapter 12 bankruptcy case and stated the date on the
leases has been pushed up to May 20, 1996; however, he is unsure funds
would be available for snow fence. Mr. Packard responded to further questions
from the Board and reiterated vegetation would be the best approach. Dave
Becker, Operations Manager for the Public Works Department, reported one
and one-half lanes are open on Weld County Road 89 and recommended
installation of snow fence in two spots. Chair Kirkmeyer noted the County has
already incurred over$2,700.00 in expenses, and discussion ensued among the
Board members and staff regarding alternative methods such as the application
of manure and/or creating windrows of dirt with graders. Mr. Warden noted the
cost of snow fence would total approximately $3,400.00 for materials alone.
Responding to Mr. Barker, Mr. Demos stated a request to release funds could
be made at a meeting with the bankruptcy trustee on May 30, 1996.
Responding to questions from the Board, Mr. Becker stated his first
recommendation is manure, second snow fence, and third ditches; however, the
least expensive method would be to cut ditches in the property at $56.00 per
hour, totaling approximately $1,200.00. Mr. Packard confirmed the ditches
should not be a problem with the lessees. Mr. Barker reviewed the Board's
options which include a continuance or finding one or more of the following: an
emergency exists, soil is blowing and can be prevented or materially lessened,
and property has been damaged; and ordering installation of a snow fence
and/or ditches within a certain time period. He noted Weld County must have
the property owner's consent to enter onto the property to do the work and to
reimburse the County for all costs incurred. Mr. Demos stated Mr. Packard has
taken efforts to prevent the soil blowing problem; however, the weather
conditions have not cooperated. He then requested Weld County assume some
of the financial burden, considering the weather conditions. Commissioner
Harbert explained the County cannot assume any costs because other property
owners have also had problems and are incurring expenses. Mr. Barker then
requested Mr. Packard consent to reimburse Weld County for the costs incurred
and explained the alternative is to go to court for a judgement against the
property. He again suggested the costs be submitted to the bankruptcy trustee
for release of funds. Commissioner Harbert moved to find an emergency
situation exists, soil is blowing and can be lessened, and that Weld County has
suffered property damage, and to order the Public Works Department to install
Minutes, May 15, 1996 960847
Page 3 BC0016
ditches on said property by May 30, 1996, with the owner to release Weld
County to perform the work and to incur the costs of the work already completed
and the work to be completed by submitting a request for release of funds to the
bankruptcy trustee. Commissioner Webster seconded the motion. Mr. Barker
noted the costs incurred for Weld County Road 89 are $2,735.00 to date;
however, the costs for Weld County Roads 52 and 97, which need to be
opened, have not yet been taken into account and requested that fact be
included in the motion. Commissioners Harbert and Webster agreed, and
Commissioner Baxter stated the County is making concessions and must be
reimbursed. Mr. Barker again questioned whether Mr. Packard is consenting
to Weld County's entry onto his property and that the incurred expenses will be
repaid, preferably by the bankruptcy trustee. Mr. Packard then clarified his
mother is the owner of all the property, and Mr. Demos confirmed the leases are
with Ms. Packard, with whom they will need to confer. Chair Kirkmeyer then
suggested amending the motion to order the ditches be completed, reiterating
Weld County must have the owner, Ms. Packard, consent to enter onto the
property. Commissioner Harbert agreed to amend the motion and noted the
responsibility is actually that of the elder Ms. Packard's. Commissioner Webster
agreed, and the motion carried unanimously.
CONSIDER CONTRACT WITH COLORADO DEPARTMENT OF LOCAL
AFFAIRS FOR ENERGY/MINERAL IMPACT ASSISTANCE FUNDS AND
AUTHORIZE CHAIR TO SIGN: Mr. Warden stated this contract is for Energy
Impact Assistance Funds in the amount of$175,215.00 to improve Weld County
Roads 45, 47, 64, and 66 near the Greeley-Weld County Airport. Commissioner
Harbert moved to approve said contract and authorize the Chair to sign.
Commissioner Webster seconded the motion, which carried unanimously.
CONSIDER INCREASING CHANGE FUND FOR CLERK AND RECORDER'S
OFFICE BY $1,190.00: Mr. Warden explained this increase in the change fund
will accommodate the one-stop shopping method by remodeling the counter to
provide multiple cashiers. Commissioner Webster moved to approve said
increase, and Commissioner Baxter seconded the motion, which carried
unanimously.
CONSIDER CONSENTING TO ASSIGNMENT OF COMMUNICATION RADIO
ANTENNA LEASE FROM STAUFFER COMMUNICATION, INC., TO BENEDEK
BROADCASTING CORPORATION AND AUTHORIZE CHAIR TO SIGN:
Mr. Barker explained this request will allow the County to continue the
placement of its communication radio antenna on KGWN's property. He further
explained KGWN was previously owned by Stauffer Communications, Inc., and
is now owned by Benedek Broadcasting Corporation; therefore, the Board
simply needs to consent to the transfer of the lease. Commissioner Baxter
moved to consent to said assignment and authorize the Chair to sign. The
motion, seconded by Commissioner Webster, carried unanimously.
Minutes, May 15, 1996 960847
Page 4 BC0016
RESOLUTIONS AND
ORDINANCES: 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 9:55 a.m.
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Minutes, May 15, 1996 960847
Page 5 BC0016
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