HomeMy WebLinkAbout20081885.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JULY 7, 2008
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, July 7, 2008, 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 H. Jerke, Chair
Commissioner Robert D. Masden, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jennifer VanEgdom
Controller, Barb Connolly
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of July 2, 2008, as printed. Commissioner Rademacher 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 Masden moved to approve the consent agenda as printed.
Commissioner Rademacher seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
WARRANTS: Barb Connolly, presented the following warrants for approval by the Board:
All Funds $1,645.20
Commissioner Rademacher moved to approve the warrants as presented by Ms. Connolly. Commissioner
Long seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER TEMPORARY CLOSURE OF CR 18 BETWEEN CRS 17 AND 19: Leon Sievers, Department
of Public Works, stated County Road 18, between County Roads 17 and 19,was closed on an emergency
basis, due to a hole in the road caused by a collapsed irrigation culvert. He indicated the average daily
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traffic count is 177 vehicles, and he gave a brief description of the detour route. He stated the road was
closed on June 26, 2008, and is expected to be re-opened on July 10, 2008. In response to Chair Jerke,
Mr. Sievers stated there are a few gravel trucks which travel west from County Road 18; however, he does
not have an exact number. Commissioner Rademacher moved to approve said temporary closure.
Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER TEMPORARY CONSTRUCTION EASEMENT FOR CR 68 AND AUTHORIZE CHAIR TO
SIGN- MARK LAND COMPANY, LLP: Mr. Sievers stated the easement is for the County Road 68 bridge
replacement project. He stated the Department will acquire 0.689 acre of temporary construction
easement, in the minimum amount of $300.00. He stated the Department will reimburse the landowner
the amount of $280.00, for the value of the remaining CRP contract, as a result of the seed requiring
several years to mature. He indicated there are no other costs associated with this property, therefore,
the total compensation to the landowner is in the amount of $580.00. In response to Commissioner
Rademacher, Mr. Sievers clarified when property is under a CRP contract, and is removed from use, it is
necessary to reimburse the landowner for the original contract cost for the affected area. He stated this
landowner collected approximately$90.00 per year. Further responding to Commissioner Rademacher,
Mr. Sievers stated the landowner will have to provide reimbursement to the federal government for this
portion of the parcel. In response to Chair Jerke, Mr. Sievers stated when the land is taken out of CRP
production, which is what will happen for a temporary period of time, CRP will not pay the landowner for
this portion of land until the seed is mature again. He further stated the parcel is slightly larger than
one-half acre in size. Commissioner Masden moved to approve said easement and authorize the Chair
to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER ENTRY UPON VARIOUS LANDS BY WELD COUNTY VEGETATION MANAGEMENT
SPECIALIST: Tina Booton, Department of Public Works, stated she is required to gain approval from the
Board for the right of entry on lands to complete weed control measures. Responding to Chair Jerke,
Ms. Booton confirmed staff attempts to work with the landowners before entering the property to complete
the weed control measures. She further stated the City of Thornton has provided notice that the weeds
on its properties were cut this past weekend; however, she has not yet visited the site to verify that the
work was completed. Commissioner Long moved to approve said entry. Seconded by Commissioner
Masden, the motion carried unanimously.
CONSIDER PERSONAL SERVICES CONTRACT FOR 2008 HIGH PLAINS INVASIVES PROJECT
GRANT AND AUTHORIZE CHAIR TO SIGN: Ms. Booton stated Weld County, in conjunction with Logan
and Morgan Counties, has been awarded cost-share grant funds from the Colorado Department of
Agriculture, to enable landowners to treat Diffuse knapweed within the Stoneham and New Raymer areas,
extending into Morgan and Logan Counties. She stated the cost-share program is designed for
80/20 percent reimbursement, for a maximum amount of$500.00 to each landowner which participates,
and the total grant award was in the amount of $10,000.00. In response to Chair Jerke, Ms. Booton
confirmed there is no cost to the County, except for personnel time. Commissioner Masden moved to
approve said contract and authorize the Chair to sign. Seconded by Commissioner Long, the motion
carried unanimously.
CONSIDER LOYAL ADVANTAGE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - QWEST
COMMUNICATIONS CORPORATION: Susan Quick, Department of Phone Services, stated the current
contract for internet service with Qwest Communications will expire soon, therefore, this agreement will
provide for continuation of services for a three-year period, and new technology will be made available
through this agreement. She clarified the services will be expanded, for a lesser cost than the County
currently pays. In response to Chair Jerke, Ms. Quick indicated the title of the agreement was created by
Qwest Communications. Commissioner Rademacher moved to approve said agreement and authorize
the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously.
Minutes, July 7, 2008 2008-1885
Page 2 BC0016
CONSIDER APPLICATION FOR MASSAGE PARLOR LICENSE AND AUTHORIZE CHAIR TO SIGN -
PCT, LLC, DBA THE SPA: Bruce Barker, County Attorney, indicated he is not sure if the applicant is
present. Patrick Groom,Attorney, represented the applicant and stated the applicant, Su Steinbech, does
intend to be present for the matter; however, she has not yet arrived. He indicated he has contacted the
applicant on his cell phone, and is ready to proceed today; however, he prefers for the applicant to be
present during the discussion as well. In response to Chair Jerke, Alan Caldwell, Sheriffs Office,
indicated he is present today to provide testimony regarding the history of the establishment, as well as
the results of recent inspections. Following discussion among the Board, Chair Jerke recessed this item
of business to be discussed after all other items of business have been completed.
Upon completion of the remaining items of business, Chair Jerke briefly explained this item of business
was recessed in order to allow time for the applicant to be present; however, it appears that the applicant
is still not present. Mr. Groom indicated he has tried to contact the applicant several times; however, he
has not been able to reach her through her cell phone. He stated he believes the applicant may be
experiencing transportation issues. In response to Chair Jerke, Bethany Salzman, Department of Planning
Services, stated she initially received complaints regarding the facility, and she has worked in conjunction
with the Sheriffs Office to investigate the alleged complaint of the operation of an illegal prostitution ring.
She indicated the complaint was first received approximately two years ago. She further indicated a
massage parlor is an allowed use at the facility, through the completed Site Plan Review; however, any
illegal operations within the facility are not allowed. Further responding to Chair Jerke, Ms. Salzman
confirmed the facility is currently operating as a massage parlor without a Massage Parlor License.
Mr. Groom stated the applicant is operating a new business, and he believes the allegations of prostitution
are in regards to the previous operator of the establishment. He further indicated it is his understanding
that there is no connection between the applicant and the previous owner of the establishment. He
clarified he understands that the previous owner was arrested and charged with prostitution. He confirmed
the applicant will be available to appear as soon as possible, and he will personally ensure that she is
present for discussion. Responding to Chair Jerke, Mr. Groom confirmed the physical location of the
facility is the same as the previous operation. He clarified the facility was designed and built as a massage
parlor, and was closed for a period of time following the arrest of the previous operator. He further
indicated the applicant chose the facility based upon the design and the close proximity to the truck stop
located within the Del Camino area. Chair Jerke indicated he believes a short continuance of the matter
is necessary, so that the applicant may be present. Commissioner Long indicated he would like to hear
testimony regarding the on-going operations at the establishment from the representative of the Sheriffs
Office.
Mr. Caldwell clarified there are no open criminal cases being investigated by the Sheriff's Office at this
time; however, there is a direct link between the applicant, who is the current manager of the
establishment,and the previous owner of the business. In response to Chair Jerke, Mr.Caldwell confirmed
the applicant was identified as a prostitute during a federal investigation, which was established through
wage reports. He clarified the applicant worked for the previous owner,who has been convicted on federal
charges. He indicated the name of the business is separate; however, the applicant does have a link to
the previous business owner. Commissioner Masden suggested the matter be continued to the next Board
meeting, and Mr. Barker confirmed no separate notification is necessary if the applicant's representative
will make certain the applicant is present. The Acting Clerk clarified the Board's calendar indicates only
three Commissioners will be present at the next Board meeting. In response, Commissioners Masden and
Garcia confirmed they will be present for the Board meeting before leaving for the COGA conference in
the afternoon, therefore, a full Board will be present to review the matter. Mr. Groom indicated he will
notify the applicant of the continuance,and he clarified the information provided by Mr. Caldwell is different
than what he has previously been told by the applicant. He indicated he will relay the information provided
to the applicant,and if she elects not to continue, he will provide notification of her decision. Commissioner
Minutes, July 7, 2008 2008-1885
Page 3 BC0016
Long moved to continue the matter to July 9, 2008, at 9:00 a.m. Seconded by Commissioner Masden, the
motion carried unanimously.
CONSIDER ELIMINATION OF CHANGE FUND IN SOUTHWEST WELD COUNTY SERVICES
COMPLEX,ASSESSOR'S OFFICE: Ms. Connolly stated the Assessor's Office was previously operating
within the Southwest Administrative Services Building, and a change fund was established in conjunction
with the Treasurer's Office. She clarified both offices no longer maintain a continual presence within the
building, therefore, elimination of the change fund is necessary. In response to Chair Jerke, Ms. Connolly
confirmed the Treasurer's Office utilized the change fund on a more frequent basis than the Assessor's
Office did. Commissioner Garcia moved to approve said elimination of change fund. Seconded by
Commissioner Masden, the motion carried unanimously.
CONSIDER DECREASING CHANGE FUND IN ASSESSOR'S OFFICE: Ms. Connolly stated a buddy box
was previously in existence within the office at the Southwest Administrative Services Building; however,
since the Assessor's Office will not operate on a full-time basis, the amount will be reduced by $50.00.
Commissioner Rademacher moved to decrease said change fund. Seconded by Commissioner Masden,
the motion carried unanimously.
CONSIDER APPOINTMENT TO WORKFORCE DEVELOPMENT BOARD: Commissioner Masden moved
to appoint Pablo Sandoval to the Workforce Development Board,with a term to expire December 31, 2008.
Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER STATEMENT OF OPPOSITION TO PROPOSED SEVERANCE TAX INITIATIVE 113:
Mr. Barker stated consideration of the Resolution was requested by the Board, and he explained
Initiative 113 will be placed on the 2008 General Election ballot. He clarified Initiative 113 proposes to
eliminate the local property tax credit, which normally is provided to oil and gas producers as a severance
tax,and any money generated will be utilized for the purpose of providing funds to parents of college-aged
students who chose to attend college in the State of Colorado. Chair Jerke indicated it is appropriate to
receive comments regarding the matter.
Commissioner Masden stated the structure of Initiative 113 is not positive, and he clarified the funds will
not be provided to colleges or universities, rather to parents of college-aged students. He stated the
Initiative will not help colleges, and the structure will cut the revenue provided to municipalities and special
districts by at least 50 percent. He stated the reduced revenue will be injurious, as some Counties rely on
these funds as approximately 80 percent of their tax base. He indicated he supports the Statement of
Opposition contained within the Resolution.
Commissioner Rademacher concurred with Commissioner Masden and confirmed the approval of Initiative
113 will hurt Weld County, as well as other municipalities, while doing very little to increase the revenue
for higher education. He indicated he supports the statement of opposition. Commissioner Long
confirmed the Initiative will be detrimental to the value of programs which have been in existence for many
years. He stated he believes the funds are currently utilized within an appropriate fashion, therefore, he
supports the Resolution of opposition. Commissioner Garcia concurred with the sentiments expressed by
other Board members and he moved to approve said statement of opposition. The motion was seconded
by Commissioner Long. Chair Jerke stated there are many reasons to oppose Initiative 113 and he
confirmed many other entities are also expressing their opposition, including Mesa County, Club 20,
representing the Western Slope, and the Denver Metro Chamber of Commerce. He stated many big
businesses are beginning to understand how the proposal is injurious without providing any real benefit.
He further stated the funds for higher education will be directed to the bank accounts of parents rather than
educational institutions, and will only amount to approximately $1,000.00, per student, per year. He
indicated he believes the amount is not sufficient to provide adequate help for parents, and the funds are
Minutes, July 7, 2008 2008-1885
Page 4 BC0016
not benefitting higher education. He stated the Initiative will take away a large amount of current funds
which are utilized by local governments located within the impacted areas of oil and gas exploration. Chair
Jerke stated part of the Initiative will also allow the Governor to create energy grants with a significant
amount of money. He indicated the legislative process allows for a system of checks and balances, so
that funds may be appropriated and administered by the Governor; however, this proposal circumvents
that process, and the fund goes directly to the Governor's Office, without legislative oversight. He stated
it is troubling that this process will circumvent the normal process of checks and balances, and he is
pleased to hear that the other Board members are in support of the statement of opposition. There being
no further discussion, the motion carried unanimously.
SECOND READING OF WELD COUNTY CODE ORDINANCE 2008-6, IN THE MATTER OF REPEALING
AND REENACTING, WITH AMENDMENTS, CHAPTER 3 HUMAN RESOURCES, OF THE WELD
COUNTY CODE: Commissioner Rademacher moved to read Ordinance#2008-6 by title only. Seconded
by Commissioner Garcia, the motion carried unanimously. Mr. Barker read said title into the record and
stated there have been no changes to the Ordinance since the first reading. He gave a brief description
of the proposed changes to the phased retirement plan and the new regulations regarding an employee
being involved in court cases as a voluntary witness, as well as for jury duty. He indicated the regulations
were put in place due to the situation of employees from the Department of Human Services testifying
within court cases without being subpoenaed. He further indicated there are also new requirements
regarding the timeliness of reporting injuries for workers compensation claims. No public testimony was
provided concerning the matter. Commissioner Masden moved to approve the second reading of
Ordinance #2008-6. Seconded by Commissioner Garcia, the motion carried unanimously.
SECOND READING OF WELD COUNTY CODE ORDINANCE 2008-7, IN THE MATTER OF REPEALING
AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY
CODE: Commissioner Long moved to read Ordinance#2008-7 by title only. Seconded by Commissioner
Garcia, the motion carried unanimously. Mr. Barker read said title into the record and indicated the
modifications enacted through this Ordinance are in regards to memorial signs on public right-of-ways,
which will require an agreement before the sign may be erected. He indicated staff from the Department
of Public Works will manufacture and install the sign. He stated no modifications have been made since
the first reading. No public testimony was provided concerning the matter. Commissioner Rademacher
moved to approve the second reading of Ordinance #2008-7. Seconded by Commissioner Masden, the
motion carried unanimously.
PLANNING:
CONSIDER VACATION OF USE BY SPECIAL REVIEW PERMIT#1362-THEODORE SCHRAGE: Chris
Gathman, Department of Planning Services, stated staff has received a request to vacate Use by
Special Review (USR) Permit#1362, which was approved to allow two residences to be located on one
agricultural lot. He confirmed the property owner has recently received approval for a Recorded Exemption
of the property, legally separately the lot into two parcels, therefore, the USR permit is no longer
necessary. Commissioner Masden moved to approve said vacation. The motion was seconded by
Commissioner Long. In response to Commissioner Garcia, Mr. Gathman indicated he believes the date
listed at the top of the request letter may have been an error. Mr. Barker clarified the date may be correct
since this case was previously involved in on-going litigation; however, all of the issues have been
resolved, and the applicant has signed and dated the bottom of the letter with a more recent date. There
being no further discussion, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Ordinances #2008-6 and #2008-7 were approved on second reading.
Minutes, July 7, 2008 2008-1885
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 9:45 a.m.
BOARD OF COUNTY COMMISSIONERS
��' s Elect)1► WELD COUNTY, COLORADO
i
ATTEST: / i a�i j y
irs Willi H. erke, Chair
Weld County Clerk to the B.`
Robert D. Masden, Pro-Tem
BY:
Deputy Clerk to he Board : c
lliam F. Garcia
David E. Long
Douglas ademacher
Minutes, July 7, 2008 2008-1885
Page 6 BC0016
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