HomeMy WebLinkAbout20073328.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 22, 2007
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 22, 2007, 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 David E. Long, Chair
Commissioner William H. Jerke, Pro-Tem
Commissioner William F. Garcia
Commissioner Robert D. Masden
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of October 17, 2007, as printed. Commissioner Garcia seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: William Neibauer, Weld County Farmer's Union President, stated a proclamation has
been sent to the Board with an invitation to attend a Farmer's Union Business Dinner and to read a
proclamation a dinner on October 27, 2007, at 6:00 p.m., in the Town of Kersey. Mr. Neibauer stated it
is an honor that the Farmer's Union organization has persisted for 100 years. Mr. Long stated the Board
will take the invitation into consideration.
CONSENT AGENDA: Commissioner Rademacher moved to approve the consent agenda as printed.
Commissioner Masden seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $650,376.68
Commissioner Jerke moved to approve the warrants as presented by Mr. Warden. Commissioner
Rademacher seconded the motion, which carried unanimously.
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NEW BUSINESS:
CONSIDER PURCHASE OF SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN-CENTENNIAL
BOARD OF COOPERATIVE EDUCATIONAL SERVICES(BOCES): Walt Speckman, Director of Human
Services, stated this is the annual school year agreement with the Centennial Board of Cooperative
Educational Services (BOCES) to solidify the terms for the year, including the rates. Commissioner
Masden moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner
Rademacher, the motion carried unanimously.
CONSIDER GRANT OF PERMANENT EASEMENT FOR IMPROVEMENTS TO CR 13 AND AUTHORIZE
CHAIR TO SIGN - HOWARD AND IONE HALEY: Leon Sievers, Department of Public Works, stated this
item and the next item, may be discussed concurrently,and Chair Long called up the next item of business
to be considered concurrently. Mr. Sievers stated this is the ninth easement being acquired, out of
approximately fifteen of the County Road 13 Project, located south of Highway 52. Mr. Sievers stated the
property is located on the of west side of County Road 13, and south of County Road 10. He stated the
County is acquiring 840 square feet of temporary construction easement for$300.00, and 453 square feet
of permanent easement for $500.00, for a total compensation of $800.00. Commissioner Rademacher
moved to accept said grant of permanent easement and authorize the Chair to sign. Seconded by
Commissioner Garcia, the motion carried unanimously.
CONSIDER TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO CR 13 AND
AUTHORIZE CHAIR TO SIGN - HOWARD AND IONE HALEY: Based on the previous discussion,
Commissioner Rademacher moved to accept said temporary construction easement and authorize the
Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF
CR 15 RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN-ROBERT BISETTI, DANIELLE COBAUGH,
AND LISETTA BISETTI-RUIZ: Don Carroll, Department of Public Works,stated the Department has been
cleaning up old Recorded Exemption (RE) paperwork when staff discovered RE #4067requires a
Nonexclusive License Agreement for access to a landlocked parcel. Mr. Carroll stated access will be from
County Road 100 and County Road 15, which is the Section Line, to lots A and B of RE#4067. He stated
access will be gained through 60 feet of right-of-way, and there will be a 30-foot ingress/egress easement
across Lot B to access Lot A. He further stated staff will post a sign at the Section Line access for
directing emergency response staff and addressing purposes. There was no public input. Commissioner
Garcia moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner
Masden, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 45 BETWEEN CRS 52 AND 54: Mr. Carroll stated County
Road 45, between County Roads 52 and 54, will be closed for bridge replacement. He stated the closure
will commence November 5, 2007, through November 16, 2007. He explained the existing narrow bridge
will be replaced with a concrete box culvert. Mr. Carroll stated the traffic count is approximately 150 vehicle
trips per day, and a detour route will be in place. Commissioner Masden moved to approve said temporary
closure. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER APPLICATION FOR TRANSFER OF OWNERSHIP OF HOTEL AND RESTAURANT LIQUOR
LICENSE AND AUTHORIZE CHAIR TO SIGN -ALFRED AND CAROLINE LOPEZ, DBA EL VAQUERO:
Bruce Barker, County Attorney, stated a request for a new set of fingerprints, to be taken and submitted,
by applicant Caroline Lopez, has been received from the Colorado Bureau of Investigations (CBI). He
stated the Board may either approve the application pending favorable fingerprint results, in which case
the Board needs to extend the temporary permit up to 60 days, or the Board may postpone the application
for a certain period of time, or indefinitely, and place the matter back on the agenda when the time frame
Minutes, October 22, 2007 2007-3328
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has expired or when the fingerprint results have been received from CBI. Alfred and Caroline Lopez,
applicants, stated they have been waiting for the state to process the application for a very long time, and
they were told they had passed the State fingerprint requirements. Ken Poncelow, Sheriffs Office, stated
the Department has no concerns regarding the establishment, and Mr.and Mrs. Lopez seem to be running
a responsible business. Mr. Barker stated Mrs. Lopez was charged with a Driving Under the Influence
(DUI) charge in 1987, and the Board may ask Mrs. Lopez any questions they may have about it.
Commissioner Garcia stated if the 1987 charge is the only concern, he feels comfortable approving the
application. Commissioner Rademacher concurred with Commissioner Garcia. Mr. Lopez stated neither
he nor Mrs. Lopez drink alcohol any longer. Commissioner Rademacher moved to approve said
application and authorize the Chair to sign,conditional upon approval of the fingerprints by CBI. Seconded
by Commissioner Garcia, the motion carried unanimously.
CONSIDER EXTENSION OF TEMPORARY PERMIT FOR A HOTEL AND RESTAURANT LIQUOR
LICENSE AND AUTHORIZE CHAIR TO SIGN-ALFRED AND CAROLINE LOPEZ, DBA EL VAQUERO:
Mr. Barker reiterated the Board may extend the temporary permit for up to sixty days, in order to allow time
for the State to review the application. Commissioner Rademacher moved to approve said extension of
temporary permit for sixty days and authorize the Chair to sign. Seconded by Commissioner Garcia, the
motion carried unanimously.
CONSIDER AUTHORIZATION FOR THE WELD COUNTY TREASURER TO CANCEL COUNTY TAX
LIEN SALE CERTIFICATES ON MOBILE HOME: Mr. Barker stated he received a phone call from Don
Hoff, attorney for the Town of Pierce, and Mr. Hoff stated the Town of Pierce is in the process of abating
the mobile home, and cancelling the back taxes. Chair Long stated the Weld County Treasurer, John
Lefebvre, has provided a letter indicating he has no objections to the request. Commissioner Rademacher
moved to approve said authorization. Seconded by Commissioner Masden, the motion carried
unanimously.
CONSIDER FIRST AMENDED AGREEMENT FOR IMPROVEMENTS FOR CR 80 FOR AN EIGHT (8)
LOT MINOR SUBDIVISION, MF#1001,AND AUTHORIZE THE CHAIR TO SIGN-W.B. FARM ESTATES,
LLC: Rich Hastings, Department of Public Works, stated the Off-Site Improvements Agreement for
improvements to County Road 80, between County Roads 27 and 29, was approved in 2004. He stated
the improvements were completed in August,2006,and the developers were notified the maintenance had
been completed at that time. He explained W.B. Farm Estates agreed to pay the County$14,500.00 for
their portion of the expense. Mr. Hastings stated when W.B. Farm Estates sold one of the lots,
approximately$1,800.00 was placed in an escrow account and was secured by the County; however, the
company stated it was not able to pay the additional $12,000.00 due to depressed sales, and requested
a continuance for payment of the additional funds owed. Stephanie Arries, Assistant County Attorney,
stated she has drafted an amended agreement which stipulates the full balance will be due at the sale of
the next lot. Ms. Arries stated there is a provision which includes an end date for the obligation in 2009.
Commissioner Garcia moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Masden, the motion carried unanimously.
CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR TO SIGN -
CHAD ZITO: Commissioner Jerke moved to appoint Chad Zito as a Deputy District Attorney and authorize
the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
SECOND READING OF ORDINANCE#2007-8, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 7 EMERGENCY MEDICAL SERVICES, OF THE WELD COUNTY
CODE: Commissioner Rademacher moved to read Ordinance #2007-8 by title only. Seconded by
Commissioner Masden, the motion carried unanimously. Mr. Barker read said title into the record and
stated there have only been grammatical changes to the Ordinance since the last reading. There was no
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public input. Commissioner Rademacher moved to approve Ordinance #2007-8 on second reading.
Seconded by Commissioner Masden, the motion carried unanimously.
SECOND READING OF ORDINANCE#2007-9, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 14 HEALTH AND ANIMALS, OF THE WELD COUNTY CODE:
Commissioner Garcia moved to read Ordinance #2007-9 by title only. Seconded by Commissioner
Masden, the motion carried unanimously. Mr. Barker stated a work session was held with John Cooke,
Sheriff, and Kim Fleithman, Sheriff's Office, and the section regarding barking dogs was eliminated, and
there was a section regarding allowing entry onto a property when a dog was incessantly barking, which
has been removed. He stated there are also some grammatical changes to the Ordinance. There was
no public input. Commissioner Garcia moved to approve Ordinance #2007-9 on second reading.
Seconded by Commissioner Masden, the motion carried unanimously.
SECOND READING OF ORDINANCE#2007-10, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 15 VEGETATION, OF THE WELD COUNTY CODE: Commissioner
Rademacher moved to reading Ordinance #2007-10 by title only. Seconded by Commissioner Masden,
the motion carried unanimously. Mr. Barker read said title into the record and stated Section 15-1-40
pertains to weed definitions, and an incorrect website listing has been corrected. There was no public
input. In response to Commissioner Jerke, Tina Booton, Department of Public Works, stated the
definitions listed in the section are State definitions. Further responding to Commissioner Jerke,
Ms. Booton stated it is possible to deviate from the State definitions; however, staff has chosen not to do
so. In response to Chair Long, Ms. Booton stated it is simpler to use the same definitions as the State.
Commissioner Jerke moved to approve Ordinance #2007-10 on second reading. Seconded by
Commissioner Masden, the motion carried unanimously.
SECOND READING OF ORDINANCE#2007-11, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 3 PERSONNEL, OF THE WELD COUNTY CODE: Commissioner
Masden moved to read Ordinance#2007-11 by title only. Seconded by Commissioner Rademacher, the
motion carried unanimously. Mr. Barker read the title into the record and stated there are no changes to
this Ordinance on second reading. There was no public input. Commissioner Rademacher moved to
approve Ordinance#2007-11 on second reading. Seconded by Commissioner Masden,the motion carried
unanimously.
SECOND READING OF ORDINANCE#2007-12, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 9 INFORMATION SERVICES, OF THE WELD COUNTY CODE:
Commissioner Masden moved to read Ordinance #2007-12 by title only. Seconded by Commissioner
Rademacher, the motion carried unanimously. Mr. Barker read the title into the record and
Section 9-3-90.D will be modified to state: "Links. Due to the lack of content control from bloggers and
internet security issues, the Board of Weld County Commissioners will not sponsor, fund, or allow links to
the Weld County website for internet services, such as MySpace, FaceBook, or like sites. (Exceptions to
this policy will be reviewed and approved by the Department Heads and Elected Officials for official County
sponsored business case applications.)The only internet website approved by Weld County is the official
Weld County Website." There was no public input. Commissioner Garcia moved to approve Ordinance
#2007-12 on second reading. Seconded by Commissioner Masden, the motion carried unanimously.
PLANNING:
CONSIDER REQUEST FOR TEMPORARY USE OF OIL AND GAS SUPPORT FACILITY (CLASS II
OILFIELD WASTE DISPOSAL FACILITY) APPROVED UNDER USE BY SPECIAL REVIEW PERMIT
#1604-MARCUM MIDSTREAM 1995-2 BUSINESS TRUST: Kim Ogle, Department of Planning Services,
stated staff requests a continuance to October 29, 2007, in order for the applicant to attend the hearing.
Minutes, October 22, 2007 2007-3328
Page 4 BC0016
Commissioner Garcia moved to continue the matter to October 29, 2007, at 9:00 a.m. Seconded by
Commissioner Masden, the motion carried unanimously.
CONSIDER REVIEW OF CONDITION OF APPROVAL#4.F FOR AMENDED USE BY SPECIAL REVIEW
PERMIT#729- MARCUM MIDSTREAM 1995-2 BUSINESS TRUST: Mr. Ogle stated staff also requests
one week continuance on the matter in order for the applicant to attend. Commissioner Rademacher
moved to continue the matter to October 29, 2007, at 9:00 a.m. Seconded by Commissioner Masden, the
motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Ordinances#2007-8, through #2007-12, 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 9:52 a.m.
BOARD OF COUNTY COMMISSIONERS
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ATTEST: J'u'lia, /y��� l J
1551 sgi'`}- David E. Long, Chair
Weld County Clerk to the Bo
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BY:
Depu Clerk the Board
Wi iam F. Garcia
Robert D. Masden
Dougla Rademach
Minutes, October 22, 2007 2007-3328
Page 5 BC0016
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