HomeMy WebLinkAbout20133491.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 18, 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, December 18, 2013, at the hour of 9:00 a.m.
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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 Conway moved to approve the minutes of the Board of County
Commissioners meeting of December 16, 2013, as printed. Commissioner Rademacher seconded the
motion, and it carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
CONSENT AGENDA: Commissioner Freeman moved to approve the Consent Agenda as
printed. Commissioner Rademacher seconded the motion, and it carried unanimously.
En PUBLIC INPUT: Doug Meyer, County resident, read an op-ed written by Charlie Reese, in
regard to politicians and how government works. Mr. Meyer also referred to the new federal budget,
and that 20 percent of the cuts will be to retired military benefits.
IE COMMISSIONER COORDINATOR REPORTS: Commissioner Conway said there was a
meeting yesterday to discuss the Governor's executive order regarding a Statewide Comprehensive
Water Plan, and a groundwater coalition has been formed to address that plan and work on legislation
for the coming year. He also noted that Representative Lori Saine gave an update that Reagan
Waskom's report, the result of a bi-partisan HB13-1278, will be made to the legislature on Friday and
Commissioner Conway said this is the first science in this debate regarding the aquifer. Commissioner
Freeman concurred, saying there is a chance to get some legislation that makes a difference in the
South Platte region. *1 Chair Garcia noted that he will be attending the Small Business Development
z/7
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Center's Business and Economic Recovery Meeting, an open forum meeting on small business
concerns.
NEW BUSINESS:
1) CONSIDER APPLICATION FOR TRANSFER OF OWNERSHIP OF TAVERN LIQUOR
LICENSE FROM RM, INC., DBA ROOM 119, TO EL RANCHO GRANDE, LLC, DBA EL RANCHO
GRANDE NIGHT CLUB, AND AUTHORIZE CHAIR TO SIGN: Brad Yatabe, Assistant County
Attorney, introduced this application, noting a temporary license was granted on July 29, 2013, one of
the applicant's, Olga Linda, is no longer involved, and the applicant Jose Ibarra has resolved earlier
environmental health issues for a well permit and food license. There is no criminal history and no
concerns, and he recommended approval. Deputy Lisa Carpenter reported no calls for service and no
grounds for disapproval. The applicant was present and declined to add anything to the proceedings.
Commissioner Rademacher moved to approve said application, with the corrected business name, and
authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously.
Et 2) CONSIDER APPLICATION FOR COUNTY DANCE HALL LICENSE AND AUTHORIZE CHAIR
TO SIGN — EL RANCHO GRANDE, LLC: Mr. Yatabe explained this is related to the previous item and
recommended approval, and Deputy Carpenter concurred. Commissioner Freeman moved to approve
said dance hall license with the corrected business name. The motion, which was seconded by
Commissioner Rademacher, carried unanimously.
IR 3) CONSIDER DECLARING CERTAIN EQUIPMENT AS SURPLUS PROPERTY AND
APPROVE SALE OF SAME AT AUCTION WITH ROLLER AND ASSOCIATES: Barbara Connolly,
Controller, said there are five pieces of equipment ready to go to auction. Commissioner Rademacher
moved to declare said equipment as surplus and approve sale at auction. The motion was seconded
by Commissioner Conway, and it carried unanimously.
19 4) CONSIDER AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR TO
SIGN — WILLIAM JERKE: Bruce Barker, County Attorney, explained this is an agreement with Bill
Jerke for getting oil and gas employees reported to the state, the only change is that the numbers have
been updated, with a base of 4,353, and the dates are now January 1, 2014 through September 1,
2014. A motion to approve said agreement and authorize the Chair to sign carried unanimously.
e 5) 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 is the annual agreement to invoke the County's
relationship with CAPP; the amount has increased by $69,000, partially due to an increase of the
amount of claims resulting from last year's hail storm. Commissioner Freeman moved to approve said
agreement and authorize Chair to sign. The motion was seconded by Commissioner Rademacher, and
it carried unanimously.
e 6) CONSIDER INTERGOVERNMENTAL, LICENSE, AND SUPPORT AGREEMENTS, FOR THE
ASSIGNMENT OF THE SPILLMAN PURCHASE AGREEMENT FROM CITY OF GREELEY TO WELD
COUNTY, COLORADO, AND AUTHORIZE CHAIR TO SIGN: Mr. Yatabe said this was approved at
last night's City Council meeting and clarified this item includes the license and support agreements, in
addition to the assignment. There was a slight change made by Spillman, in that they are denying
responsilbity for City of Greeley employees using other than the Remote Monitoring System (RMS)
module - and Greeley is on notice with regard to that. The City has collateral rights via a shared
agency agreement; he said that may not be totally necessary, but that is a relationship between
Greeley and Spillman. Greeley also has a termination agreement in place. In response to
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Commissioner Conway, Mark Wallace, Director of Regional Communications, said he has a good
working relationship with Greeley and does not anticipate any issues, and confirmed for Commissioner
Kirkmeyer that the cost of annual support/maintenance did not change. Commissioner
Rademacher moved to approve said agreements and authorize the Chair to sign. The motion was
seconded by Commissioner Kirkmeyer, and it carried unanimously.
7) CONSIDER INCLUSION OF PROPERTY LOCATED IN WELD COUNTY INTO SOUTH
BEEBE DRAW METROPOLITAN DISTRICT: Mr. Barker explained this is the inclusion of three
properties necessary for providing drainage control for Lochbuie, and noted Diane Miller, Miller and
Associates, was available for questions. He also noted inclusion is dependant upon landowner
approval. Commissioner Rademacher moved to approve said inclusion of property The motion, which
was seconded by Commissioner Conway, carried unanimously.
8) FIRST READING OF CODE ORDINANCE #2013-17, IN THE MATTER OF REPEALING AND
RE-ENACTING, WITH AMENDMENTS, CHAPTER 6 LAW ENFORCEMENT, OF THE WELD
COUNTY CODE: Commissioner Conway moved to read said ordinance by tape. Seconded by
Commissioner Rademacher, the motion carried unanimously. Bob Choate, Assistant County Attorney,
explained these changes to Chapter 6 Law Enforcement clarify traffic fines and surcharges as
mandatory and listed in State statute. In response to Commissioner Conway, Mr. Choate confirmed
that local government has been prohibited from banning bicycles from certain roads, even though there
are controlled access state highways where bikes (and pedestrians) are banned, and that these
changes are to meet newly enacted fine schedules in accordance with state law. Chair Garcia opened
the floor to public comment and none was forthcoming. Fi Commissioner Freeman moved to
approve said code ordinance upon first reading, the motion was seconded by Chair Garcia.
Commissioner Rademacher stated he has an issue with bicycle riders on roads, and Commissioner
Kirkmeyer noted that traffic control on County Roads is supposed to be done by state patrol, and there
was discussion in regard to the Weld County Sheriff increasingly picking -up these responsibilities, in
particular CR 49. Commissioner Conway said there needs to be a discussion regarding the state
shifting more and more responsibility to local governments, county and municipal, and it's not fair to
fund the State Patrol with these fees and then not have them shoulder their responsibilities. Chair
Garcia noted he is not a fan of fees; however, these fund various altruistic projects. Mr. Yatabe
explained further details of the agreement. The motion passed 3/2 upon a roll -call vote, with
Commissioners Kirkmeyer and Rademacher opposed.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance #2013-17 was approved on First Reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
Minutes, December 18, 2013 2013-3491
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There being no further business, this meeting was adjourned at 9:56 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the B
BY:
lerk to t'—:oard
XCUSED DATE OF APPROVAL
illiam F. Garcia, Chair
r
glad Radema $ro-Tem
Sean P. Conway
MALI,to
Mike Freeman
arbara Kirkmeyer
Minutes, December 18, 2013 2013-3491
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