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HomeMy WebLinkAbout980397.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MARCH 9, 1998 TAPE #98-06 AND #98-07 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 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 Director of Finance and Administration, Donald D. Warden MINUTES: Commissioner Webster moved to approve the minutes of the Board of County Commissioners meeting of March 4, 1998, as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Baxter moved to approve the Certification of Hearings conducted on March 4, 1998, as follows: 1) Change of Zone from Agricultural to PUD, Doug and Diana Cummings/Larry Kaylor(Con't to 03/18/98). ADDITIONS TO AGENDA: There were no additions to the agenda. CONSENT AGENDA: Commissioner Webster moved to approve the consent agenda as printed. Commissioner Hall seconded the motion, and it carried unanimously. PROCLAMATIONS: OLDER WORKERS WEEK - MARCH 9-13, 1998: Chair Harbert read said proclamation declaring the week of March 9-13, 1998, as Older Workers Week. A representative of the Area Agency on Aging was present to receive the proclamation. 980397 BC0016 COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports. PUBLIC INPUT: There was no public input. WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $634,830.43 Commissioner Baxter moved to approve the warrants as presented by Mr. Warden. Commissioner Kirkmeyer seconded the motion, which carried unanimously. BIDS: CONSIDER ACCEPTANCE OF PROPOSAL AND AGREEMENT FOR PROVISION OF CONSULTING SERVICES AND AUTHORIZE CHAIR TO SIGN - RLH ENGINEERING, INC.: Pat Persichino, Director of General Services, stated this agreement is for removal of asbestos from the old Island Grove hospital building. In response to Chair Harbert, Mr. Persichino stated the project will cost approximately $47,000; however, it is necessary whether or not the building is destroyed. Commissioner Webster moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. BUSINESS: NEW: CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN - EL RODEO%JEANETTE MONTES: Warren Lasell, Assessor, recommended approval and stated the petitioner submitted a gross value for both personal and real property; however, only personal property should have been included. Commissioner Hall moved to approve said petition and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER TWO PETITIONS FOR ABATEMENT OR REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN -PATINA OIL AND GAS CORPORATION % LOGAN AND FIRMINE, INC.: Mr. Lasell explained the petitioner submitted duplicate reports and recommended approval of said petitions. Commissioner Baxter moved to approve said petitions and authorize the Chair to sign. Seconded by Commissioner Webster, the motion carried unanimously. CONSIDER RENEWAL APPLICATION FOR 3.2 PERCENT BEER RETAIL LICENSE AND AUTHORIZE CHAIR TO SIGN - METRO OIL, INC., DBA TOTAL NO. 2748: Bruce Barker, County Attorney, stated Deputy Profitt expressed no concerns about this application and recommended approval. Commissioner Kirkmeyer moved to approve said application and authorize the Chair to sign. Seconded by Commissioner Hall, the motion carried unanimously. Minutes, March 9, 1998 980397 Page 2 BC0016 CONSIDER OPERATING AND FINANCIAL PLAN FOR REIMBURSABLE SERVICES REQUESTED BY THE U.S.D.A. FOREST SERVICE, PAWNEE NATIONAL GRASSLAND, AND AUTHORIZE CHAIR TO SIGN: Mr. Barker explained this is an extension of the contract for Ed Jordan, Sheriff, to conduct patrols in the Pawnee National Grassland area. Commissioner Baxter moved to approve said plan and authorize the Chair to sign. Seconded by Commissioner Hall, the motion carried unanimously. CONSIDER AGREEMENT FOR MUNICIPAL JAIL SERVICES AND AUTHORIZE CHAIR TO SIGN - CITY OF FORT LUPTON: Mr. Barker stated this is a standard agreement used by the Sheriffs Office and recommended approval. Commissioner Webster moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER AMENDMENT TO AGREEMENT FOR WELD COUNTY SHERIFF'S OFFICE DETENTION CENTER MEDICAL UNIT SERVICE AND AUTHORIZE CHAIR TO SIGN - PREFERRED CORRECTIONAL MEDICAL TEAM, INC.: Mr. Barker explained this amendment will increase the amount paid by the County for medical services at the detention centers. For the months of January through March 1998, the amount will remain at $46,800; however, for the months of April through December 1998, the amount will increase to $54,800. In response to Chair Harbert, Mr. Warden explained the increase is due to an expected increase in the number of inmates. Commissioner Baxter moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER APPLICATION FOR FEDERAL ASSISTANCE FOR ONE STOP COMMUNICATION NETWORK AND AUTHORIZE CHAIR TO SIGN: Walt Speckman, Director of Human Services, and John Gomez, Sheriff's Office representative, stated this is the first time an application has been submitted to the Department of Commerce. Mr. Speckman explained the grant is for funds for three years which will be used to expand the learning labs at the Jail, Head Start, and Area Agency on Aging sites. If approved, Human Services will receive $250,000 a year from the Department of Commerce requiring a non- cash match from Human Services in the amount of$1 million. In response to Chair Harbert, Mr, Warden stated the contract was amended to include a position which will oversee a county-wide web site. Mr. Warden stated SCT will be involved in the networking process and maintenance of the labs, and the Department of Human Services should be able to absorb the majority of on- going costs after the first three years. The only cost to the County will be the Health Department and Sheriffs Office shares. In response to Commissioner Webster, Mr. Speckman stated after three years, funds will be used for equipment and personnel, and the various programs involved should be able to absorb the on-going costs of the program. Responding to Commissioner Kirkmeyer, Mr. Speckman stated the cost to the Sheriff's Office will be approximately $30,000 which is very cost effective for providing a full-time educator; however the cost to the Health Department is hard to calculate because the use is different. Mr. Warden added it will cost forty to fifty thousand Minutes, March 9, 1998 980397 Page 3 BC0016 to integrate a web site position. He stated if the funds are granted, the position will be funded for three years with no cost to the county; however, if not funded, he will recommend a web site position be created in the 1999 budget. Commissioner Kirkmeyer clarified if the application is approved, the Board will have to approve its inclusion in the 1999 budget or eliminate it. In response to Commissioner Kirkmeyer, Mr. Warden stated the grant was reallocated to cover the $25,000 cost for equipment to make the network run, and added there is no cost to the county for the first three years. In response to Commissioners Kirkmeyer and Baxter, Mr. Speckman stated SCT will be contracted for any work required, and explained this is a competitive grant, which may not be awarded. Commissioner Kirkmeyer moved to approve the application with the conditions included in Mr. Warden's memorandum which states, if the grant is approved a more complete analysis will be done, and SCT will be involved in the design and maintenance of the network. Commissioner Webster seconded the motion, which carried unanimously. CONSIDER RESOLUTION RE: LIST OF PERSONS WITH LABOR RELATIONS AND/OR LEGAL BACKGROUNDS FOR WELD COUNTY GRIEVANCE BOARD: Mr. Barker stated according the Ordinance #118, as amended, which is the Personnel Policy Handbook, the Board is required to appoint a person with labor relations and/or legal backgrounds to serve as the chairperson for the Weld County Grievance Board. The draft resolution suggests several attorneys including Thomas David, Mark Geil, Don Hoff, Jacqueline Johnson, Stan Peek, Mark Rapp, and Todd Taylor. Mr. Barker explained the Director of Personnel has the authority to select one individual from the list to serve as Chairperson for the Grievance Board. Commissioner Baxter moved to approve said resolution. Seconded by Commissioner Hall, the motion carried unanimously. CONSIDER TEMPORARY ROAD CLOSURES -WELD COUNTY ROADS 10, 54, AND 27.5: Commissioner Webster moved to approve said road closures. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER AMENDMENT TO THE AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN - LUTHERAN HEALTH SYSTEMS, OPERATOR OF NORTH COLORADO MEDICAL CENTER:Commissioner Hall moved to approve said amendment and authorize the Chair to sign. Seconded by Commissioner Baxter, the motion carried unanimously. CONSIDER RESOLUTION RE: DESIGNATE ADDITIONAL MONEY MARKET FUND AS DEPOSITORY FOR WELD COUNTY FUNDS AND AUTHORIZE THE WELD COUNTY TREASURER TO INVEST IN SUCH FUND: Mr. Barker explained Art Willis, Treasurer, requested he be allowed to invest in an additional money market fund, and added this request is in compliance with § 24-75-601.1(1)(k) C.R.S., as amended. Commissioner Kirkmeyer moved to approve said resolution. Seconded by Commissioner Webster, the motion carried unanimously. Minutes, March 9, 1998 980397 Page 4 BC0016 CONSIDER SETTLEMENT AGREEMENT AND MUTUAL RELEASE FOR BANTCO AND AUTHORIZE THE CHAIR TO SIGN -WYMER: Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Baxter, the motion carried unanimously. CONSIDER SETTLEMENT AGREEMENT AND MUTUAL RELEASE OF ALL CLAIMS AND AUTHORIZE THE CHAIR TO SIGN -WYMER: Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Webster, the motion carried unanimously. PLANNING: SECOND READING OF ORDINANCE #147-N, IN THE MATTER OF AMENDING THE WELD COUNTY COMPREHENSIVE PLAN: Commissioner Baxter moved to read Ordinance #147-N by title only. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. Commissioner Baxter moved to read Ordinance #191-B by title only. Seconded by Commissioner Webster, the motion carried unanimously. Mr. Barker read said titles. Shani Eastin, Department of Planning Services representative, explained the location of the proposed amendment which involves adding approximately 310 acres to the Mixed Used Development (MUD) Structural Land Use Map 2.1 and Comprehensive Plan Structural Land Use Map 2.1. Ms. Eastin explained when the Mixed Use Development Plan was revised, public sewer was not available to the subject site; however, service from St. Vrain Sanitation District is currently available. Ms, Eastin explained in 1997, Ordinance #191 was formulated with the intentions of guiding and implementing planned land use changes in the MUD area, and added inclusion of this property will ensure proper measures are taken to impose urban type standards on future development. Ms. Eastin stated the applicant agrees to adjust the proposed land uses to include limited site factors along the natural drainage area that runs from the south west to the northeast of the property. In response to Commissioner Kirkmeyer, Ms. Eastin stated a letter was received from Michael McDonough, Town of Mead Planning Consultant. Virginia Shaw, county resident, questioned the Town of Mead's intent for the area if it is annexed. Chair Harbert clarified the County has no intergovernmental agreement with Mead; however, the County has asked to renew discussion. Commissioner Hall stated he has a meeting scheduled with the Town of Mead and Don Sandoval, Department of Local Affairs representative, in April to discuss future plans for the area. Ms. Shaw also stated her concern for the agricultural impact on the area with three large dairies or cattle feeding operations within close proximity. Chair Harbert stated future developers will have to take into consideration the existing uses which could determine if the property will sell. In response to Commissioner Baxter, Ms. Shaw estimated the distance from the proposed site to the surrounding dairies to be a mile or mile and a half. Gary Tuttle, representative for Glen Douthit, applicant, explained since the sewer line is now accessible and the applicant is being requested to contribute Minutes, March 9, 1998 980397 Page 5 BC0016 to the cost, it only seems reasonable to include his property in the MUD area. Mr. Tuttle clarified this proposal does not guarantee development; however, it does leave that option available for future consideration and added the applicant agrees to a limited site factor for the natural drainage area. In response to Commissioner Baxter, Mr. Tuttle stated the applicant is willing to work with School District #7 concerning construction of an elementary school. Responding to Commissioner Kirkmeyer, Mr. Tuttle stated the area is currently farmed, the proposed site is located to the southeast of the Sekich Business Park, and the applicant has owned this property since 1969. Commissioner Baxter moved to approve Ordinances #147-N and #191-B on second reading. Seconded by Commissioner Hall, the motion carried unanimously. SECOND READING OF ORDINANCE #191-B, IN THE MATTER OF AMENDING THE WELD COUNTY MIXED USE DEVELOPMENT (MUD) PLAN: Ordinance#191-B was discussed and approved with the above matter. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. Ordinances #147-N and 191-B were approved on second reading. 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. BOARD OF COUNTY COMMISSIONERS . Az., , W/LLD COUNTY, COLO� aiden �' Constance L. Harb rt, Chair W?E1 Qo�i� rk )Board II % l e Ith bster, Pro-Tem BY. ;*s-a .la _i i«s lit-a; rw e Board org . Baxter J a K. Hall ti arbara J. Kirkmeyer Minutes, March 9, 1998 980397 Page 6 BC0016 Hello