HomeMy WebLinkAbout20092795.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 21, 2009
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, October 21, 2009, 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 Barbara Kirkmeyer
Commissioner David E. Long
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther Gesick
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of October 19, 2009, as printed. Commissioner Kirkmeyer seconded the
motion, and it carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: Commissioner Conway thanked the Board of
Commissioners for allowing him the flexibility to serve on the Fiscal Stability Committee, and he stated
the last meeting will be in early November, at which time they will prepare a report recommending five
legislative titles for consideration by the General Assembly in January, 2010. He stated they have
narrowed the recommendation down to nine ideas ranging from a tax study to a long term college and
university flexibility act to deal with the short falls and decreased funding of State funds for the higher
education system. He commented Senator Heath supports the idea of setting up a Constitutional
Review Committee that would statutorily have authority to place items on the ballot without gathering
signatures or going through the legislature, which would create a new third way to put Constitutional
items on the ballot. Commissioner Conway expressed concern that this appears to be an attempt to
circumvent the current system of checks and balances by establishing a 23 -member commission:
seven (7) appointed by the House of Representatives through the Majority leader and a Minority leader,
seven (7) appointed by the State Senate through the Majority leader and a Minority leader, seven (7)
appointed by the Governor, and two (2) from the State Supreme Court Justice. He stated these
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individuals would have an enormous amount of power and would be free to put anything on the ballot.
He stated he is uncertain whether that issue will be presented as one of the five legislative items, since
a significant amount of concern has been expressed. On the contrary, he stated there are several
items to be presented that almost everyone agreed on, including a Rainy Day Fund for the State to help
alleviate any future financial crisis, and to conduct a Tax Study in 2010 with the contribution of $1.5
million in private funds. Chair Garcia commended Commissioner Conway and Amy Oliver -Cook for
their efforts in representing Weld County on the Committee. In response to Commissioner
Rademacher, Commissioner Conway stated he does anticipate a minority report which will express
concern regarding the proposed Constitutional Review Committee. He stated the idea was fostered by
the Denver University School of Public Policy, which recommended a ten-year review process;
however, the proposed Committee does not reflect that idea, rather it is clearly empowering 23
individuals who could add Constitutional items to the ballot by a simple majority, thus circumventing the
long-established process. He stated it would set a dangerous precedent and will likely face
considerable opposition.
NEW BUSINESS:
CONSIDER RENEWAL APPLICATION FOR TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR
TO SIGN - A AND G CONCEPTS, INC., DBA BEARS SPORTS SALOON: Bruce Barker, County
Attorney, indicated the Sheriff's Office submitted a report to review. Jennifer Fick, Sheriff's Office,
stated she has been working with the Manager of the establishment who had previously expressed
concern with increased gang activity in the area. She stated the Sheriff's Office conducted a gang
awareness class for the staff, and the manager has recently joined the "Responsible Alcohol Retailers".
Ms. Fick indicated that although the number of calls for service increased from 107 to 164 during the
past year, she noted that 118 of the calls were bar checks initiated by the Sheriff's Office to make their
presence known in the area. In response to Commissioner Rademacher, Ms. Fick reiterated the bar
checks are initiated by the Sheriff's Office, therefore, the actual number of calls from the establishment
is significantly less. In response to Commissioner Conway, Ms. Fick stated Bears Sports Saloon has
gained some new clientele as a result of closures of several other establishments in the area. She
further stated although the establishment does not currently have a contracted security firm, she would
like to see them go that direction. In response to the Board, Ms. Fick explained the various call
abbreviations included in her report. Responding to Chair Garcia, Ms. Fick explained the
circumstances regarding a weapons call; however, it was determined that the patron had been served
at various establishments in the area and the behavior was not a result of over service by Bears.
Responding further to Chair Garcia, Ms. Fick stated the number of reported DUI's is below average for
the area, and she indicated her reports do not reflect City of Greeley police reports. Commissioner
Rademacher moved to approve said renewal application and authorize the Chair to sign.
Commissioner Long seconded the motion, which carried unanimously.
CONSIDER FIRST ADDENDUM TO INTERGOVERNMENTAL AGREEMENT FOR ROADWAY
IMPROVEMENTS TO LCR 1/WCR 13 AND AUTHORIZE CHAIR TO SIGN — LARIMER COUNTY:
Wayne Howard, Department of Public Works, stated this is an addendum to the original agreement for
the County Road 13 project extending two miles from U.S. Highway 34 to County Road 62. He stated
the original agreement specifically excluded the first half mile, which is under the jurisdiction of the
Town of Johnstown, and under this Addendum Weld and Larimer Counties will share the expense of
completing that portion of roadway. In response to Commissioner Rademacher, Mr. Howard indicated
completion of the entire half mile is estimated to cost $350,000, which will be split by Weld and Larimer
Counties. Responding further to Commissioner Rademacher, Mr. Howard stated the current
discussions did not address whether Johnstown will be required to reimburse the Counties for any of
the cost. He stated the improvements are being done to connect two segments of existing roadway;
currently it will not be servicing any development, although future development will be required to
contribute to any necessary upgrades. Commissioner Rademacher indicated he does not agree with
building roads for other jurisdictions. Commissioner Kirkmeyer concurred; however, she stated in a
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recent work session the Board was advised that the cost of the overall project came in much lower than
expected, therefore, it was agreed that the half mile should be completed with the remaining funds.
Mr. Howard agreed and stated it makes sense to complete the roadway now, rather than leave an
unpaved portion that is traveled by approximately 1,800 vehicles per day. Commissioner Kirkmeyer
stated she was also in favor of completing the project to address the safety issues. Commissioner
Rademacher stated he is less concerned with the cost; rather, it is the principle of the matter.
Commissioner Conway stated it will also be to the County's advantage to complete the work now and
then remind the Town of Johnstown of the investment when addressing any complaints in the future.
He stated this project makes financial sense and it will address any safety concerns; however, he also
agreed that he does not favor the practice of building roads for other jurisdictions. Commissioner
Kirkmeyer moved to approve said addendum and authorize the Chair to sign. Commissioner Conway
seconded the motion, and it carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 76 BETWEEN CRS 23 AND 27: Janet Carter,
Department of Public Works, requested approval to close County Road 76, between County Roads 23
and 27, from October 26 through October 29, 2009, for a culvert replacement. Ms. Carter stated the
daily traffic count on County Road 76, taken in 2006, averaged 145 vehicles, and standard road signs
and barricade closures will be used to control traffic. Commissioner Rademacher moved to approve
said temporary closure. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER EQUIPMENT PURCHASE AND AUTHORIZE CHAIR TO SIGN - DIVERSIFIED
FABRICATORS, INC.: Mr. Howard stated staff is currently waiting for the original contract documents
to arrive, and he requested the matter be removed from the agenda until the necessary documents are
received. Commissioner Rademacher moved to refer said matter to staff. Seconded by Commissioner
Long, the motion carried unanimously.
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 9:25 a.m.
ATTEST:
Weld County Clerk to t
BY:
Deputy Clerk to the Boa
BOARD OF COUNTY COMMISSIONERS
WELD COLINTY1COLORADO
27
William'F. Garcia, Chair
Dougla6 ademacjher, Pro-Tem
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