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Home My WebLink About20130988.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO APRIL 22, 2013 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 Administration Building, Greeley, Colorado, April 22, 2013, 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 William F. Garcia, Chair Commissioner Douglas Rademacher, Pro-Tem Commissioner Sean P. Conway Commissioner Mike Freeman Commissioner Barbara Kirkmeyer Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Susan Brown Director of Finance and Administration, Monica Mika MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County Commissioners meeting of April 17, 2013, as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. AMENDMENTS TO AGENDA: To be added under New Business: Item #8) Consider Appointments and Reappointments to 911 Emergency Telephone Service Authority Board. Commissioner Conway moved to approve said amendment to the agenda. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. PUBLIC INPUT: Frank Hill, County resident, referenced an email he sent to the Commissioners regarding his opposition to gun control and commended them on their January resolution supporting the 2nd Amendment. He said emotions are keeping citizens from responding reasonably (to the recent tragedies), citing the 9th and 10th Amendments. Commissioner Kirkmeyer noted that he echoes the feelings of many citizens of Weld County. She let him know that the Board is having a work session and consultation with the County Attorney to see what action lies within their purview. Commissioner Conway concurred, and referred to productive meetings with the author of proposed Code changes to address the issue. Commissioner Rademacher said he is looking forward to the work session. Chair Garcia invited the public to attend. eiJoy Breuer, County resident, also spoke in opposition to gun control. ';' Shawn Mason, concurred with the previous public comments concerning the 2nd Amendment and gun control. He said each terrorist event erodes our freedoms and criminals do not obtain gun permits. He also said that the State house has passed laws based upon emotion and against the will of the public. '_O Brent Haugin, County resident, changed topic, referencing a letter Minutes, April 22, 2013 Page 1 2013-0988 BC0016 he received in regard to an public complaint alleging non-compliance with the Weld County Code regarding his property use. He said he is tired of harassment and selective enforcement and that other people in the neighborhood, who have an obvious negative impact, are not treated similarly. Chair Garcia said he would ask Tom Parko, Director of the Department of Planning, to look into the matter. Kevin Blake, County resident, presented the Commissioners with language for a proposed County Ordinance rejecting gun control legislation, entered as Exhibit A to the minutes. He said the Commissioners have the right to defend the Constitution. Commissioner Conway noted Mr. Blake's document had prompted a work session. al Timothy Daniel Shiely, aka Scooter McGee, related a citizens' arrest story from 100 years ago in Platteville as supporting evidence in regard to gun freedoms. He asked the Commissioners what they are planning to do on this issue. Ia James Walker, County resident, spoke in regard to the same issue, said that a lot of things are said by elected officials that are not done. Commissioner Kirkmeyer said she understands Mr. Walker's frustration and Commissioner Conway assured Mr. Walker that this Board does not make a lot of promises, and prides themselves on not being quiet or passive, but there are limits to their authority. • CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. BIDS: • 1) PRESENT BID #B1300048, LNG TRUCK (DAIRY FARMERS OF AMERICA) - DEPARTMENT OF PUBLIC WORKS: Trevor Jiricek, Director of General Services, introduced the bid, which included a fuel station as well as the LNG truck. He said only one truck bid was received and no bids were received for the fuel station. He said because Colorado Kenworth, Inc. won last year, and because Dairy Farmers of America is comfortable with the price, staff recommended awarding the truck bid and rebidding the fuel station. In response to Commissioner Conway, Elizabeth Relford, Department of Public Works, outlined the bid history and noted there are only a few appropriate fuel station vendors in the country. This bid will be brought back before the Board for approval on May 6, 2013. NEW BUSINESS: • 1) CONSIDER MEMORANDUM OF UNDERSTANDING AND AUTHORIZE CHAIR TO SIGN - RIGHT TO READ OF WELD COUNTY, INC.: Judy Griego, Director of the Department of Human Services, explained this non -financial memorandum of understanding with Right to Read, which is a mandatory partner under the Workforce Investment Act; the memorandum delineates roles and responsibilities in order to provide a non -duplicative and seamless process. In response to Commissioner Conway, Ms. Griego said the County also works with the Global Refugee Center, Aims Community College, etc., but she noted that Right to Read is different and receives their own funding under the Workforce Investment Act. Commissioner Rademacher moved to approve said memorandum of understanding and authorize the Chair to sign. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. a 2) CONSIDER TEMPORARY CLOSURE OF CR 27 BETWEEN CR 84 AND STATE HWY 14: Janet Carter, Department of Public Works, explained this closure protects County Road 27 from traffic potentially bypassing the Colorado Department of Transportation's formal detour route due to their work on State Highway 14. She said that County Road 27 will still be open to local traffic via a drive -around barrier. In response to Commissioner Conway, she said that there are six or seven homes in this area which will receive a letter letting them know that their access will not be impeded. Commissioner Conway moved to approve said temporary closure. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. Minutes, April 22, 2013 Page 2 2013-0988 BC0016 aI 3) STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ARCHITECT AND AUTHORIZE CHAIR TO SIGN - ROBERT SHREVE ARCHITECTS AND PLANNERS, INC.: Toby Taylor, Director of the Department of Buildings and Grounds, said this is for the design and remodel of the north half of Human Services Building 1551. In response to Conway, Mr. Taylor confirmed the bid came in lower than anticipated. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign. Commissioner Conway seconded the motion, and it carried unanimously. • 4) CONSIDER AGREEMENT FOR PARTIALLY SELF -FUNDED PROGRAM AND AUTHORIZE CHAIR TO SIGN - COLORADO COUNTIES CASUALTY AND PROPERTY POOL: Monica Mika, Director of Finance and Administration, explained this item was discussed in December, but did not get formally approved at that time. Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Conway, and it carried unanimously. • 5) CONSIDER CONSENT TO ASSIGNMENT OF COMMERCIAL LEASE AGREEMENT (FIRESTONE CONVENIENCE, LLC FACILITY) FROM MANSFIELD GAS EQUIPMENT SYSTEMS CORPORATION TO MANSFIELD OIL COMPANY OF GAINSVILLE, INC., AND AUTHORIZE CHAIR TO SIGN: Bruce Barker, County Attorney, explained that this is an assignment of an already existing agreement due to a change of corporate structure. Commissioner Rademacher moved to approve said assignment and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. ,', 6) CONSIDER CONSENT TO ASSIGNMENT OF COMMERCIAL LEASE AGREEMENT (AGFINITY, INC. FACILITY) FROM MANSFIELD GAS EQUIPMENT SYSTEMS CORPORATION TO MANSFIELD OIL COMPANY OF GAINSVILLE, INC., AND AUTHORIZE CHAIR TO SIGN: Mr. Barker referenced the previous item. Commissioner Kirkmeyer moved to approve said assignment and authorize the Chair to sign. Seconded by Commissioner Freeman, the motion carried unanimously. a. 7) CONSIDER DIRECTING CLERK TO THE BOARD TO HAVE PUBLISHED EMERGENCY ORDINANCE NO. 247-A, SUPPLEMENTAL APPROPRIATION FOR 2013: Ms. Mika recommended approval. Commissioner Kirkmeyer clarified this appropriation is related to communications systems and moved to approve. The motion was seconded by Commissioner Freeman, and it carried unanimously. • 8) CONSIDER APPOINTMENT AND REAPPOINTMENTS TO 911 EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD: Commissioner Kirkmeyer moved to appoint Phil Tiffany and reappoint Mitch Wagy and Steve Reams. The motion was seconded by Commissioner Conway, and it carried unanimously. Minutes, April 22, 2013 Page 3 2013-0988 BC0016 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 9:47 a.m. BOARD OF COUNTY COMMISSIONERS WELD QTY, COLORADO ATTEST: Weld County Clerk to the Board BY: Deputy Clerk e Board Williankt. rcia, Chair oUglas Rademac an Conway '(J1Epn vim. ke Freeman arbara Kirkmeyer Minutes, April 22, 2013 2013-0988 Page 4 BC0016 Session Laws of Colorado 1993 First Regular Session, 59th General Assembly CHAPTER 32 GOVERNMENT - COUNTY SENATE BILL 93-46 BY SENATORS Cassidy, Casey, Feeley, Johnson, Peterson, L. Powers, Rizzuto, and Trujillo; also REPRESENTATIVES Acquafresca, Dyer, Eisenach, Foster, Moellenberg, and Wright. AN ACT CONCERNING THE STANDING OF COUNTIES TO CONTEST THE CONSTITUTIONALITY OF STATUTES. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Part 1 of article 11 of title 30, Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION to read: 30-11-105.1. Standing - contesting constitutionality of a statute. IN ADDITION TO ANY OTHER POWERS PRESCRIBED IN THIS PART 1, ANY COUNTY OR COUNTY OFFICER SHALL HAVE STANDING IN DISTRICT COURT TO DEFEND ANY ACTION BROUGHT AGAINST SUCH COUNTY OR OFFICER BY CONTESTING THE CONSTITUTIONALITY OF A STATUTE UNDERLYING SUCH ACTION AND AFFECTING TIE RIGHTS, STATUS, OR OTHER LEGAL RELATIONS OF SUCH COUNTY OR COUNTY OFFICER OR DIRECTING THE PERFORMANCE OF, DEFINING, OR PRESCRIBING THE DUTIES OR RESPONSIBILI IIE,S OF SUCH COUNTY OFFICER. SECTION 2. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety. Approved: March 26, 1993 WELD COUNTY CODE ORDINANCE 20.134# IN THE MATTER OF REPEALING AND REENACTING, WITH AMMENDMENTS, CHAPTER 6 LAW ENFORCEMENT, OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to the Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repeated and re-enacted, with amendments, and the various Chapters are revised to read as follows. Chapter 6 Law Enforcement Add the following: Article Hi The Adopted Weld County Firearms Protection Code Section 6-3-10. The Adopted Weld County Firearms Protection Code. Pursuant to the authority granted in .A,rticie .II Section 13 of the Colorado Constitution and Article 2, Bill of Rights, United States Constitution; any International, Federal, State or Local Law which attempts to ban any firearm or to limit the size of a magazine of a firearm or other limitation on firearms, any lawful use thereof, gun shows, private party sale, and a taxor fee pertaining to the use or sale of firearms, accessories or ammunition shall be unenforceable within the established borders of Wetd County, Colorado. 6-3-20 Application. A. No public servant elected or appointed, agent, o 'dal or employee of any Local, State or Federal Government, International Government or Organization, or dealer selling any firearm within Weld County shall enforce or attempt to enforce any act, law, statute, rule or regulation of the United States Government and/or the Government of the State of Colorado, relating to a personal firearm, firearm arrecsory or ammunition that is owned or manufactured commercially or privately in the United States and that remains exclusively within the established borders of Weld County, Colorado. B. All State laws pertaining to gun control are hereby voided within the established borders of Weld County, Colorado; these laws shall include but are not limited to; 1. H813-1224, H 13-1226, HB13-1228, HB13-1229,1-1813-1043, 5B13-195, 5813-197 any other bill or International Law using similar language or intent, that would otherwise infringe the right of the people, the free exercise of Article 2, Section 13 Colorado Constitution, Article 2, Bill of Rights, US Constitution. C. Any International, Federal, State or Local law, rule, regulation or order created or effective on or after January 1, 2013 shall be unenforceable within the borders of Weld County, Colorado if the law, rule, regulation or order attempts to; 1. Ban or restrict ownership of any firearm or any magazine of a firearm; or any type of ammunition for a firearm or restrict anything listed in 6-3-20 (B) (1). 2. Require any firearm, magazine, ammunition or other firearm accessory to be registered in any manner or restrict anything listed in 6-3-20 (B) (1). 6-3-30 Protected items and Rights A. This Section will protect all firearms, firearm accessories, ammunition, and unalienable rights to self-defense as defined by any Local, State and Federal Law on or before January 01, 2013; 1. Firearms as defined by the BATFE regardless of function including but not limited to, use, style, color, caliber, weigh₹, composition, cycle rate, design, manufacture, slang, official designation or unofficial designation shall be protected as long as those arms remain exclusively within the established borders of Weld County, Colorado or other jurisdictions where legal. 2. Firearm Accessories, regardless of function including but not limited to, use, style, color, weight, composition, design, manufacture, slang, magazines of any capacity, magazines that are readily convertible to a larger capacity, official designation cr unofficial designation shall be protected as long as those arms remain exclusively within the established borders of Weld County, Colorado or other jurisdictions where legal. 3. Ammunition, regardless of type including but not limited to, use, style, color, weight, composition, Caliber, design, manufacture, slang, official designation or unofficial designation shall be protected as long as such ammunition remain exclusively within the established borders of Weld County, Colorado or other jurisdictions where legal. 4.. The unalienable right to Self-defense through the protec€ion. of a firearm, firearm accessory or ammounition shall not be infringed within the established borders of Weld County, Colorado. 6-3-40 Procedures and Penalties A. The Sheriff of Weld County is hereby enabled to enforce all provisions within this Code; as the Sheriff being the highest Law Enforcement Officer in Weld County, Colorado; Chapter 6, Article lii Section 40 will enable all o€ the following within Weld County to enforce all articles, sections and subsections contained herein. Enforcement must be conducted under all provisions of the Colorado Constitution of 1876 and the United States Constitution of 1787 including all provisions of the said Acts; 1. The Weld County Sheriff, and all Deputized officers of such Department and the Active or inactive Weld County Sheriffs Posse. 2. Any Law Enforcement Officers, Agents or Officials belonging to any Local, State or Federal Agency, or Department within the borders of Weld County, Colorado. 3. Any persons not performing a Law Enforcement function who are or may become deputized at any time present or future. 4. Any persons subject to 10 USC § 311 (a) and (h). 5. Any citizen, pursuant to the authority granted by Colorado Statute § 16-3-201. B. Any Persons listed in 6-3-40 (A) (1-5) who witnesses any public servant elected or appointed, agent, official or employee of any Local, State or Federal Government, International Government or Organization or dealer selling any firearm within Weld County, Colorado, violating this Firearms Protection Code is authorized to arrest and detain offenders within the established borders of Weld County, Colorado. C. Any public servant elected or appointed, agent, official or employee of the Local, State, Federal, International Government or Organization who enforces or. attempts to enforce any act, order, law, statute, Treaty, rule or regulation of the United Nations (or other International Government/Organization), United States government and/or the Government of the State of Colorado upon a personal firearm, a firearm accessory, all Items listed in 6-3-30 (A) (1-4) or ammunition that is owned, or manufactured commercially or privately in the United States and that remains exclusively within the borders of Weld County, Colorado, shall be guilty of; 1. A Local Class One (1) Misdemeanor and, upon conviction, shall be subject to imprisonment for not less than three hundred and sixty-six days (366) and; (a) Pay a fine of not more than Five thousand dollars ($5000.00). D. All jail time served prior to the date of conviction for an offence listed in. 6-3-40 (C) shall not count towards the sentence imposed by the County Court. E. In addition to the penalties shown in 6-3-40 (C) (1) and (a), any Person or Citizen of Weld County found to be knowingly selling, trafficking, transferring, or transporting items protected under Section 6-3-30 (A) (1-3), to citizens who are prohibited to possess such items, outside of the established borders of Weld County, Colorado, shall be charged with a Class 1 misdemeanor and be subject to the same penalties as listed in 6-3-40 (C) (1) and (a). 6-3-50 Commissioner Responsibilities A. The Board of County Commissioners of Weld County, Colorado will be responsible for amending laws pertaining to the right to open or conceal carry firearms on the grounds or within the premises of any public institutions or events when petitioned to do so by the peaceful people of Weld County. Such petitions must be endorsed by the Sheriff of Weld County, Colorado. 6-3-60 Amendments (Intentionally Left Blank) 6-3-70 Additional Applicability and other Procedures. A. The Weld County District Attorney may defend a citizen: of Weld County, Colorado who is prosecuted by the United States government and/or the Government of the State of Colorado for violation of a Federal, State or Local law relating to the manufacture, sale, transfer or possession of a firearm, a firearm accessory or ammunition owned or manufactured and retained exclusively within the borders of Weld County, Colorado. B. This shall be effective immediately upon passage by the Board of County Commissioners, County of Weld, and State of Colorado. Revision of any section contained herein, must be accomplished by a ballot initiative, stating the specific section or sub section to be revised and gain two-thirds (2/3) vote in favor of, by the peaceful people of Weld County. Because the right to arms is constitutionally granted and protected, this code cannot be repealed at any time through any color of law. 1. Any citizen who feels that the right to arms should not be granted, has an individual right to disarm, at his or her own free will and will not be penalized for doing so. 2. Any citizen who feels that the right to arms shall be unalienable, has an individual right to bear arms, at his or her own free will and will not be penalized for doing so. C. The provisions contained in this Code are only applicable to the citizens of Weld County, persons, businesses and Legal Entities within the established borders of Weld County Colorado. D. The protections provided in Chapter 6, Article ill of the Weld County Code and all subsections of that Code will only apply to and within the established borders of Weld County. Any person leaving the county with such protected items described in 6-3-30 (A) (1-3) will be Subject to all applicable laws of such jurisdiction. BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they currently exist within the said Code; and to resolve any inconsistencies regarding capitalization, grammar and numbering or placement of chapters, articles, divisions, sections and subsections in said Code. BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsection, paragraph, sentence, clause, or phrases might be declared to be unconstitutional or invalid. The above and foregoing Ordinance Number ####-## was, on motion duly made and seconded, adopted by the following vote on the 14th day of MONTH, A.D. 20##. 2 O } ATTENDANC CNI 0 k HEARINGS ARE AS FOLLOWS ON THIS PLEASE legibly write or print your name and complete address. ADDRESS 123 Nowhere Street, City, State, Zip s / 3 •L %• )\ S) N \ » %\ (9 N ::-., , / Q 7 % s_ z N < % , }g /« Q w / K Az/ k o t} \ y 00 ' ‘N%2 x } � s cv- © / w . NAME John Doe % \ \ \ \ / 2 j \ - t \ Hello