HomeMy WebLinkAbout951084.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 31, 1995
TAPE #95-18
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 31, 1995, at the hour of 9:00 a.m.
ROLL CALL: 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-Tern
Commissioner George E. Baxter
Commissioner Constance L. Harbert -TARDY
Commissioner W. H. Webster
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Carol Harding
Finance and Administration Director, Don Warden
MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board of County
Commissioners meeting of May 24, 1995, as printed. Commissioner Webster
seconded the motion, and it carried unanimously.
CERTIFICATION
OF HEARINGS: Commissioner Kirkmeyer moved to approve the hearing conducted on
May 24, 1995, as follows: 1) Public Forum Regarding Plowing Ordinance.
Commissioner Baxter seconded the motion, which carried unanimously.
(Let the record reflect Commissioner Harbert is now present.)
ADDITIONS: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Baxter moved to approve the consent agenda as printed.
Commissioner Webster seconded the motion, and it carried unanimously.
PRESENTATIONS: RECOGNITION OF SERVICES - BARBARA FOSTER, HUMAN SERVICES
DEPARTMENT: Chairman Hall delayed this item of business because Barbara
Foster called the office and stated she was going to be late this morning.
RECOGNITION OF SERVICES - MARLENE SELDEN, WELD LIBRARY
DISTRICT: Chairman Hall presented Marlene Selden an award for 16 years of
service with the Weld Library District.
PUBLIC INPUT: No public input was offered.
951084
BC0016
WARRANTS: Don Warden, Director of Finance and Administration, presented the following
warrants for approval by the Board:
General Fund $ 781,539.90
Payroll Fund $ 22,540.25
Handwritten Warrants:
General Fund $ 11,200.04
Payroll Fund $ 1,443,807.29
Commissioner Webster moved to approve the warrants as presented by Mr.
Warden. Commissioner Baxter seconded the motion, which carried
unanimously.
BIDS: PRESENT BIDS: There were no bids to present.
PROPERTY AUCTION - ERIE AND EATON: Mr. Warden stated the bid for
property in Erie has been withdrawn due to an error in the tax deed and noted
no bids were received for the property in Eaton.
APPROVE LAUNDRY BID - VARIOUS DEPARTMENTS: Pat Persichino,
Director of General Services, recommended approval of the low bid for each
item. Commissioner Kirkmeyer moved to accept the low bid for each item. The
motion, which was seconded by Commissioner Harbert, carried unanimously.
BUSINESS:
OLD: CONSIDER DUST BLOWING COMPLAINT AGAINST RAINEY ARABIANS -
NW1/4 S29, T1N, R67W (CONT. FROM 04/03/95): Bruce Barker, County
Attorney, stated he talked to Sylvia Gillen, Resource Conservation Service, who
did a field check on May 30, 1995, and determined the fence is ready to be
erected but is not in place at present, seeding has not been done, the corrals
have not been shortened, and approximately 200 trees and shrubs have been
planted. He explained an order can be issued by the Board only after all the
findings of fact listed in the State statute are met. Facts must include the
findings that soil is blowing, an emergency exists, the agricultural operation has
been in existence more than one year, that blowing can be prevented, and that
property damage is resulting. Since this complaint was continued from April 3,
1995, the emergency does not presently exist; therefore, findings cannot be
made at this time. Mr. Barker answered questions from the Board concerning
the delay in making its findings. Ronald Rainey, property owner, mentioned his
previous appearance before the Board on April 3, 1995, at which time he
explained his plan for a retention pond to catch waste water in order to water the
grass. He argued that the Board was fully aware of his need for the culvert to
drain the waste water into his retention pond and the culvert was deliberately
removed by Commissioner Kirkmeyer. Without the culvert, he cannot capture
the water needed to grow grass in the pasture. Mr. Rainey reiterated he
explained the necessity for the water in the previous meeting and without it
there is not much he can do. Chairman Hall explained three Commissioners
must agree before that type of decision can be made, and pointed out the Board
did not in any way agree to place the culvert or maintain Mr. Rainey's pond. In
response to Mr. Barker, Mr. Rainey stated he has not had a chance to get the
snow fence erected; however, it is ready to go up. He also stated the pasture
will be shortened. Responding to Commissioner Baxter, Mr. Rainey stated a
well will cost him approximately $16,000 to drill for an alternate water supply.
Minutes, May 31, 1995 951084
Page 2 BC0016
Commissioner Baxter stated he remembers some mention of water going under
the road; however, he does not recall any discussion regarding the necessity for
that particular water source before this remedy to the dust blowing complaint
could be completed. After further argument from Mr. Rainey, Chairman Hall
stated the Board would be happy to meet with him later this morning; however,
Mr. Rainey refused, stating he wants this matter resolved in a public meeting.
Darrell Johnston, complainant, stated the trees and shrubs that were planted
were only root stock and it will be many years before any benefit is derived from
them. He noted Mother Nature took care of the damage this year by providing
an extremely wet month in May, which mitigated the damage to his crop. Mr.
Johnston stated his biggest concern is that some type of damage occurs to his
property each year, with this being the second year, and no permanent remedy
has yet been accomplished. He stated there is no sign of a snow fence, and he
feels it would be more appropriate to place the snow fence on the west side of
the run instead of the east side. Responding to Commissioner Webster, Mr.
Johnston explained he had ten to fifteen acres totally covered by sand and
reiterated his main concern is what will happen next year and after. He stated
the wet weather in May did assist in recovery of his crop, and the barley is now
looking a lot better than at the time of the complaint. Discussion ensued
between the Board and Mr. Barker whether a finding can be made at this time
of an emergency which did exist on April 3, 1995. Mr. Rainey reiterated he does
intend to shorten the runs and plant grass in the resulting pasture, as well as
install the snow fence. Commissioner Harbert moved to continue this matter to
July 5, 1995, at 9:00 a.m. in order to give time for said remedies to be
completed. Seconded by Commissioner Kirkmeyer, the motion carried four to
one, with Commissioner Webster voting against it.
RECOGNITION OF SERVICES - BARBARA FOSTER, HUMAN SERVICES
DEPARTMENT: Chairman Hall noted Barbara Foster is now in attendance and
presented her with a certificate recognizing her for 16 years of service.
NEW: CONSIDER REQUEST FROM VEGETATION MANAGEMENT SPECIALIST
TO ENTER UPON CERTAIN LANDS TO CARRY OUT WEED CONTROL
MEASURES: Ron Broda, Department of Public Works, requested approval for
right of entry onto private lands, in accordance with CRS 35-5-108. All
landowners were notified either on May 10, 15, 16, or 18, 1995. Commissioner
Harbert moved to approve entry onto the properties listed. The motion, which
was seconded by Commissioner Webster, carried unanimously.
CONSIDER TELECOMMUNICATIONS PROJECT APPLICATION TO
COLORADO PUBLIC UTILITIES COMMISSION FROM DIVISION OF HUMAN
SERVICES AND AUTHORIZE CHAIRMAN TO SIGN: Walt Speckman,
Director of Human Services, stated this is a new grant which is a bit different
from most of the funding received for Human Services. He explained the Public
Utilities Commission sent out a Request for Proposal for telecommunications
systems. In the proposal being submitted, Human Services proposes to install
and implement telecommunication linkages which will strengthen the quality of
current services, initiate new communication options, and lay the foundation for
a seamless network of accessible information and services to the population it
serves. The first phase would include installation of telecommunications
equipment at each of twelve Head Start centers and five senior centers in the
County. The second phase would include the addition of other senior centers
throughout the County, utilizing monies provided through local donations by
Kodak and other businesses and foundations. Commissioner Baxter moved to
approve said application and authorize the Chairman to sign. The motion, which
Minutes, May 31, 1995 951084
Page 3 BC0016
was seconded by Commissioner Harbert, carried unanimously. Commissioner
Baxter verified there was no cost to the County, except the slight increase in
phone bills. Mr. Speckman noted, however, this is something the County would
eventually do in any case.
CONSIDER CHANGE ORDER NO. 3 FOR ALTERNATIVE HOMES FOR
YOUTH WITH R.D. STEWART, INC., AND AUTHORIZE CHAIRMAN TO
SIGN: Mr. Persichino explained the requested changes include additional
plywood being placed behind sheetrock and enlarging a window, as well as
changes required by the Greeley Fire Department. He noted Greeley Fire
Department requested changes after plan review; therefore, they were not
included in the original plans. Responding to Commissioner Kirkmeyer, Mr.
Warden stated Alternative Homes for Youth will be responsible for the
requested items; however, the changes requested by the Greeley Fire
Department are above the amount approved for the CDBG grant and will have
to be paid by the County. Commissioner Harbert requested a letter be written
to the Greeley City Council explaining the difficulties in requiring changes after
plan review and then moved to approve Change Order No. 3. The motion,
which was seconded by Commissioner Baxter, carried unanimously.
CONSIDER CANCELLATION OF PAYROLL FUND WARRANTS FOR
NOVEMBER AND DECEMBER 1994, AND JANUARY 1995: Commissioner
Webster moved to cancel said warrants. The motion, which was seconded by
Commissioner Kirkmeyer, carried unanimously.
CONSIDER INSTALLATION OF STOP SIGNS AT WELD COUNTY ROAD 38
AND WELD COUNTY ROAD 25.5: Drew Scheltinga, County Engineer,
explained a complaint was received from Ed Prince of Platteville regarding said
intersection. Upon investigation, it was determined that sight is severely
restricted on both the northeast and southeast corners and, additionally, the
intersection is off-set. His recommendation is to place a "Stop Ahead" and
"Stop" signs for the northbound and southbound lands, as well as replace the
existing crossroad sign with the appropriate offset intersection signs. He also
recommends leaving "Blind Corner" signs for all four directions of traffic.
Commissioner Baxter moved to approve staffs recommendation. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
FINAL READING OF ORDINANCE NO. 180-A, IN MATTER OF PUBLIC
WORKS POLICIES: Commissioner Kirkmeyer moved to read by title only.
Seconded by Commissioner Harbert, the motion carried unanimously. Mr.
Barker read the title of Ordinance No. 180-A into the record. There was no
public testimony given. Commissioner Harbert moved to approve ordinance No.
180-A on final reading. The motion, which was seconded by Commissioner
Webster, carried unanimously.
PLANNING: CONSIDER REQUEST FROM TRI-CITY VENTURES, LLC, TO
PREADVERTISE FOR S #380, MINOR SUBDIVISION FINAL PLAT: Gloria
Dunn, Department of Planning Services, explained the applicant has requested
a preadvertisement for case S #380, which will be heard by the Planning
Commission on June 20, 1995. Art Eurich of Nelson Engineers, applicant's
representative, explained a great deal of time was spent on negotiations with a
neighbor for placement of a water line through his property. He noted since the
property is not on a section line, the water line had to be placed without benefit
Minutes, May 31, 1995 951084
Page 4 BC0016
of an easement for utilities, and he said it took approximately six months to get
it all arranged. Because of the interest being paid on the loan, the applicant
requests the preadvertisement. After discussion, Commissioner Harbert moved
to approve said request. Seconded by Commissioner Baxter, the motion carried
unanimously.
CONSIDER RE #1733 AND AMENDED RE #708 - BUDERUS/MCCAULEY:
Shani Eastin, Department of Planning Services, explained the request is to
reduce the size of Lot B of RE #708 from 307 acres to 158 acres, since the
applicants are dividing their partnership. At present Lot B of RE#708 contains
two separate farming operations, with each quarter section operating under a
center pivot sprinkler. If approved, RE#1733 would then separate the 158-acre
parcel into two parcels of 150 acres and 8.5 acres, more or less. The eight
acres, which is proposed Lot A, is non-productive farmland because of the
center pivot sprinkler and would be sold. Ms. Eastin reviewed staff's concerns
for the record. Ted Buderus, applicant, explained proposed Lot A is currently
being irrigated and is a proposed new building site. He stated water is included
in the sale, and it will continue to be flood irrigated. Mr. Buderus explained
Lot B originally contained an existing structure which the owner chose not to
replace when it burned down. In reference to the density of housing in the area,
Mr. Buderus explained Weld County Road 63 is not existing, it is simplya right-
of-way; therefore, everyone has built on Weld County Road 50. Responding to
Commissioners Harbert, Webster, and Kirkmeyer, Mr. Buderus reviewed the
use of each access and reiterated no new accesses would be added. In
response to Commissioner Baxter, Mr. Buderus stated he purchased said
property in 1988; however, he has farmed and lived in the area for a long time.
The other applicants are his aunt and uncle, who are retiring. Mr. Buderus
verified for Commissioner Kirkmeyer he has no problem with the proposed
Conditions of Approval or additional Conditions of Approval limiting access and
dedication of an irrigation well located on Lot B to Lot A. Responding to
Commissioner Kirkmeyer, Mr. Barker stated the dedication of the irrigation well
can be made part of the deed or a Condition of Approval. In response to
Chairman Hall, Mr. Buderus stated the reason for the Amended RE #708 is he
owns the balance of the half section, as well as 160 acres to the south, and he
would like to separate the parcels to provide a clear closure to the partnership
with his aunt and uncle. Commissioner Kirkmeyer moved to approve Amended
RE #708, based upon staffs recommendation. The motion, which was
seconded by Commissioner Harbert, carried unanimously. Commissioner
Kirkmeyer moved to approve RE#1733 with the two Conditions of Approval as
recommended by Planning staff, as well as the addition of one Condition to be
written by Mr. Barker restricting any new access. Seconded by Commissioner
Webster, the motion carried unanimously.
FINAL READING OF ORDINANCE NO. 147-F, IN MATTER OF
AMENDMENTS TO COMPREHENSIVE PLAN: Commissioner Baxter moved
to read by title only. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously. Mr. Barker read the title of Ordinance No. 147-F into the record.
There was no public testimony offered. Commissioner Kirkmeyer moved to
approve Ordinance No. 147-F on final reading. The motion, which was
seconded by Commissioner Harbert, carried unanimously.
RESOLUTIONS AND
ORDINANCES: The resolutions were presented and signed as listed on the consent agenda.
Ordinances No. 147-F and 180-A were approved on final reading.
Minutes, May 31, 1995 951084
Page 5 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 10:25 a.m.
BOARD OF COUNTY COMMISSIONERS
�J LD COUNTY, C LORA O
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ATTEST: /J).3 1kvi4,1„ `:•J
`� l Dale K. Hall, Chairma
Weld Countyper(s$he rd
*ALAu . / ,IA1 � tt'
Bar ara J. Kirkm y r, Pro m
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BY:
Deputy Clerk to'\the Board
" George E. Baxter
J"z f�v 1 .„f
Constance L. Harb rt
h , / tee -ems
W. H. Webster
Minutes, May 31, 1995 951084
Page 6 BC0016
RECORD OF PROCEEDINGS
MINUTES
BOARD OF SOCIAL SERVICES
WELD COUNTY, COLORADO
MAY 31, 1995
TAPE #95-18
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, May 31, 1995, at the hour of 9:00 a.m.
ROLL CALL: 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
MINUTES: Commissioner Baxter moved to approve the minutes of the Board of Social
Services meeting of May 24, 1995, as printed. Commissioner Kirkmeyer
seconded the motion, and it carried unanimously.
WARRANTS: Carol Harding, Finance and Administration, presented the warrants for approval
by the Board in the amount of$476,937.58. Commissioner Webster moved to
approve the warrants as presented by Ms. Harding. Commissioner Baxter
seconded the motion, which carried unanimously.
NEW BUSINESS: CONSIDER NOTIFICATION OF FINANCIAL ASSISTANCE AWARD FOR
PLACEMENT ALTERNATIVES COMMISSION (PAC) FUNDS FOR WELD
MENTAL HEALTH CENTER, HOME BASED OPTION A, AND AUTHORIZE
CHAIRMAN TO SIGN: Dan Fowler, Department of Social Services, stated the
requested revision is to decrease the yearly budget of Weld Mental Health
Center Option A Program by$10,000. Commissioner Baxter moved to approve
said revision and authorize the Chairman to sign. Seconded by Commissioner
Harbert, the motion carried unanimously.
CONSIDER NOTIFICATION OF FINANCIAL ASSISTANCE AWARD FOR
PLACEMENT ALTERNATIVES COMMISSION (PAC) FUNDS FOR WELD
MENTAL HEALTH CENTER, HOME BASED OPTION B, AND AUTHORIZE
CHAIRMAN TO SIGN: Mr. Fowler stated this revision is to reinvest the $10,000
previously discussed and increase the Weld Mental Health Center Option B
Program budget. Commissioner Harbert moved to approve said revision and
authorize the Chairman to sign. Seconded by Commissioner Kirkmeyer, the
motion carried unanimously.
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BC0016
CONSIDER NOTIFICATION OF FINANCIAL ASSISTANCE AWARD FOR
PLACEMENT ALTERNATIVES COMMISSION (PAC) FUNDS FOR
ALTERNATIVE HOMES FOR YOUTH AND AUTHORIZE CHAIRMAN TO
SIGN: Mr. Fowler stated this revision is to adjust the hourly rate of Alternative
Homes for Youth, Day Treatment Program, from $6.08 per hour to $18.00 per
hour. Commissioner Kirkmeyer verified there is no change to the total budgeted
amount. Commissioner Baxter moved to approve said revision and authorize
the Chairman to sign. Seconded by Commissioner Harbert, the motion 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 10:30 a.m.
BOARD OF COUNTY COMMISSIONERS
WEL,D COUNTY, CO • O
/II - �� e(( A '�� 4
ATTEST: te, friaa
Da a K. Hall, Chairman
Weld Cour tylperje#) tp,Board /aAa
;}' arba,faJ. Kirkme Pro-Te
BY: f c ���✓ .
Deputy Cler to the Board--- ``1` ,-'
°Geor rE. Baxter
42
Constance L. Harbe t t fS!/V`-'V
W. . Webster
Minutes, May 31, 1995 951084
Page 2 BC0016
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