HomeMy WebLinkAbout20073084.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 1, 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 1, 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
Controller, Barb Connolly
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of September 26, 2007, as printed. Commissioner Rademacher seconded the motion, and it
carried unanimously.
READ ORDINANCE BY TAPE: Commissioner Masden moved to read Code Ordinances #2007-8,
#2007-9,#2007-10,#2007-11, and#2007-12 by tape. Commissioner Rademacher seconded the motion,
which carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Garcia moved to approve the Certification of Hearings
conducted on September 26, 2007, as follows: 1) USR #1620 - Southgate, Inc., Attn: John Alles, c/o
Landmark Engineering, Ltd. Commissioner Jerke seconded the motion, which 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 Jerke seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
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WARRANTS: Barb Connolly, Controller, presented the following warrants for approval by the Board:
All Funds $431,095.00
Electronic Transfers - All Funds $1,517,503.98
Commissioner Jerke moved to approve the warrants as presented by Ms. Connolly. Commissioner
Masden seconded the motion, which carried unanimously.
OLD BUSINESS:
CONSIDER APPLICATION FOR RENEWAL OF TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR
TO SIGN - SIPRES LOUNGE, INC., DBA SIPRES LOUNGE (CON'T FROM 9/26/07): Bruce Barker,
County Attorney, stated the Sheriff's Office's calls for service to the Sipres Lounge have been provided
to the Board and representatives of the Sheriff's Office and the applicant are present. Mary Sipres, owner,
stated she is present to see the decision the Board makes regarding the renewal. Mike Ornelas, Sheriffs
Office, stated 14 calls for service were received by the Sheriff's Office over the last year. He stated one
call was regarding an abandoned vehicle, one was for a verbal disturbance in the parking lot, one was
regarding a civil issue between the band and the owners, one was regarding a disturbance between the
owners and the band, one was regarding a member of the band being charged with Driving Under the
Influence and he stated he had been drinking at home, another was a follow-up regarding the abandoned
vehicle, another was a 911 hang-up, one was regarding a suspicious vehicle, three were traffic contacts
in the parking lot, one was an accident, another was regarding a warrant, and the last one was a liquor
inspection. Commissioner Masden inquired if this establishment conducts itself in a responsible manner,
and Mr. Ornelas responded that it does. Commissioner Jerke stated it was discussed that Training for
Intervention Procedures (TIPS ) needs to be a requirement for every liquor license renewal. Responding
to Commissioner Jerke, Mr. Barker stated he will add it as a requirement for every liquor license renewal
resolution from now on. Ms. Sipres stated many of her employees have been working for her more than
twenty years and she does not feel the TIPS training is necessary. Chair Long stated the TIPS training
will benefit the public and everyone attending the training, and it will be required of every establishment
applying for a liquor license throughout Weld County. Commissioner Garcia moved to approve said liquor
license renewal, with the TIPS training addition, and authorize the Chair to sign. Seconded by
Commissioner Rademacher, the motion carried unanimously.
NEW BUSINESS:
CONSIDER PURCHASE OF SERVICES AGREEMENT FOR CONSULTANT PHARMACIST AND
AUTHORIZE CHAIR TO SIGN -JOHN JACKSON: Dr. Mark Wallace, M.D., Department of Public Health
and Environment, stated the service agreement is required to comply with the State Board since two Weld
County office buildings contain pharmacies. Dr. Wallace explained the Department was previously in an
agreement for these services with another consultant pharmacist who notified the Department he is unable
to fulfill the duties of the position. He explained the agreement requires the pharmacy consultant to spend
four to five hours per month onsite. Dr.Wallace explained other duties include chart audits and dispensing
medications, and the reimbursement rate will be $75.00 per hour. Commissioner Rademacher moved to
approve said agreement and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion
carried unanimously.
CONSIDER PURCHASE OF SERVICES AGREEMENT FOR INTERNET AND CUSTODIAL SERVICES
AND AUTHORIZE THE CHAIR TO SIGN - NEW HOPE ACADEMY OF GREELEY: Walt Speckman,
Director of Human Services, stated the agreement is to continue the Head Start Program at the New Hope
Academy. In response to Commissioner Jerke, Mr. Speckman stated the facility is located where the
Monfort's building was previously located. In response to Chair Long, Mr. Speckman stated the Program
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is working out well. Commissioner Masden moved to approve said agreement and authorize the Chair to
sign. Commissioner Garcia seconded the motion, which carried unanimously.
CONSIDER PURCHASE OF SERVICES AGREEMENT FOR HEAD START MEALS AND AUTHORIZE
CHAIR TO SIGN -WELD COUNTY SCHOOL DISTRICT RE-1J: Mr. Speckman stated this is an ongoing
agreement to provide food to the Southwest Weld County site. Commissioner Rademacher moved to
approve said agreement and authorize the Chair to sign. Seconded by Commissioner Masden,the motion
carried unanimously.
CONSIDER INTERGOVERNMENTAL AGREEMENT FOR REPLACEMENT OF COUNTY BRIDGE 13/54A
AND AUTHORIZE CHAIR TO SIGN-LARIMER COUNTY: Wayne Howard, Department of Public Works,
stated Weld County has a current Intergovernmental Agreement with Larimer County for road
maintenance, and the agreement states capital improvement costs for bordering roads will be shared.
Mr. Howard stated the total amount of the federal grant funding awarded to Weld County for this project
is $1,622,330.00, and each County will be responsible for matching ten percent of the cost, which is
$162,233.00. In response to Commissioner Rademacher, Mr. Howard stated since this is a strategic
roadway, the bridge will be four lanes wide. Commissioner Masden moved to approve said
Intergovernmental Agreement and authorize the Chair to sign. Commissioner Jerke seconded the motion
and stated this project simply involved two counties pooling funds; therefore, projects may be completed
utilizing only the local government. Commissioner Masden stated local intergovernmental agreements will
enable a reasonable transportation authority to be established in Weld County. There being no further
discussion, the motion carried unanimously.
CONSIDER INTERGOVERNMENTAL AGREEMENT FOR CONSTRUCTION ON CR 9.5 AND
AUTHORIZE CHAIR TO SIGN - SAINT VRAIN LAKES METROPOLITAN DISTRICT #1: Mr. Howard
stated this Intergovernmental Agreement between Weld County and Saint Vrain Metropolitan District#1
(Carma)stipulates the connection of two roads being built by two separate contractors, and the cost of the
project will be $57,636.18, which will come from Colorado Department of Transportation (CDOT) funds.
Mr. Howard explained part of this project is within the Town of Mead's jurisdiction, which is the reason
CDOT will fund the project. In response to Commissioner Rademacher, Mr. Howard stated County Road
9.5,from State Highway 66 to County Road 28,will be open to traffic within two weeks. Further responding
to Commissioner Rademacher, Mr. Howard stated it is expected County Road 9.5 will be completely open
to traffic in three weeks and at that time the Frontage Road will be closed. Commissioner Rademacher
moved to approve said Intergovernmental Agreement and authorize the Chair to sign. Seconded by
Commissioner Masden, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF EI-25 FRONTAGE ROAD BETWEEN CRS 28 AND 24.5: Mr.
Howard stated this closure is related to the next one on the agenda, and it is the Frontage Road, between
County Roads 24.5 and 28, which will be closed, not County Road 9.5. He explained the closure is for the
connection of the Frontage Road and County Road 9.5, and work is anticipated to commence within the
next three days. Chair Long stated the project Mr. Howard explained sounds like the description of the
next item of business on the agenda. Mr. Howard stated the two items are related, however, there are two
separate contractors closing different parts of the Frontage Road. Commissioner Long stated the
Resolution needs to be modified to reflect Frontage Road will be closed, not County Road 9.5. In response
to Commissioner Rademacher, Mr. Howard stated there will be a lot of CDOT activity over the next year,
including replacement of the bridge over 1-25, at State Highway 66. Further responding to Commissioner
Rademacher, Mr. Howard stated he is not sure if there will be a total closure of the road for the bridge
replacement or if a lane of traffic will remain open while the project takes place. Commissioner
Rademacher asked for Mr. Howard to investigate the project to ensure there is not a total closure of 1-25,
at State Highway 66, while the Frontage Road is also closed. Mr. Howard stated he will investigate the
matter. In response to Commissioner Garcia, Mr. Howard stated the closure will be from the intersection
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of County Road 24.5 to County Road 28. Further responding to Commissioner Garcia, Mr. Howard stated
there will be a temporary roadway, therefore, the intersection will remain open to traffic; however, people
will not be able to travel north on the Frontage Road. He stated he is unaware of any discussion with the
Sheriffs Office regarding the matter. In response to Commissioner Jerke, Mr. Howard stated this is a
temporary closure, however, eventually County Road 9.5 will replace the Frontage Road. Commissioner
Jerke moved to approve said temporary closure. Seconded by Commissioner Masden, the motion carried
unanimously.
CONSIDER TEMPORARY CLOSURE OF EAST 1-25 FRONTAGE ROAD BETWEEN CR 24.5 AND
CR 28:. Commissioner Rademacher moved to approve said temporary closure. Seconded by
Commissioner Masden, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 13 BETWEEN CR 56 AND STATE HIGHWAY 34:
Mr. Howard stated there are actually two separate contractors closing two separate sections of County
Road 13 at the same time. In response to Commissioner Rademacher, Mr. Howard stated it is anticipated
the closure will last one month. Commissioner Masden moved to approve said temporary closure.
Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER CONTRACT FOR COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)AND AUTHORIZE
CHAIR TO SIGN: Mr. Barker stated the grant is awarded by the State Department of Local Affairs for the
purchase of property for the City of Brighton, in the amount of$889,130.00. He explained a significant
number of Weld County residents use the Platte Valley Hospital. Commissioner Jerke stated Weld County
has had a long term relationship with the Platte Valley Hospital and after working with the hospital
regarding ambulance service, he became aware of the hundreds of Weld County residents which utilize
the facility, and he wants to continue to support the relationship between Weld County and Platte Valley
Hospital. Commissioner Jerke moved to approve said contract and authorize Chair to sign. Seconded by
Commissioner Masden, the motion carried unanimously.
FIRST READING OF ORDINANCE #2007-8, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 7 EMERGENCY MEDICAL SERVICES, OF THE WELD COUNTY
CODE: Mr. Barker stated this ordinance is for the purpose of updating emergency medical services, most
of the changes were discussed at a work session, and another work session is scheduled for tomorrow.
He stated most of the changes are alterations to definitions and there is one change in the requirements,
which is to have two licensed people on the ambulance rather than one. He stated there is also a change
to the Enforcement Section on Page 10, which will allow for stricter penalties for violations. Mr. Barker
recommended approval of first reading. There was no public input. Commissioner Rademacher moved
to approve Ordinance#2007-8 on first reading. Seconded by Commissioner Garcia , the motion carried
unanimously.
FIRST READING OF ORDINANCE #2007-9, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 14 HEALTH AND ANIMALS, OF THE WELD COUNTY CODE:
Mr. Barker stated the Ordinance is to change the methods for controlling dogs, and Stephanie Arries,
Assistant County Attorney, edited the document. He stated there are some provisions which will need to
be discussed with the Sheriff's Office, for example, on Page 3, which has the definitions of custody and
control of dogs, there are two additions, including a section stating control includes no barking, howling,
yelping, or whining. He stated another proposed change involves the number of dogs allowed on a
property. Mr. Barker recommended approval of the first reading, and reminded the Board they will have
a meeting with the Sheriff's Office tomorrow. There was no public input. Commissioner Jerke moved to
approve Ordinance #2007-9 on first reading. Seconded by Commissioner Masden, the motion carried
unanimously.
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FIRST READING OF ORDINANCE #2007-10, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 15 VEGETATION, OF THE WELD COUNTY CODE: Mr. Barker stated
the State has lists of weeds, which have been divided into categories A, B, and C, and the lists change
frequently; therefore, the code will reference the website for the current State weed lists. Ms. Booton will
be at the work session tomorrow and is present today if there are any questions. There was no public
input. Commissioner Rademacher moved to approve Ordinance#2007-10 on first reading. Seconded by
Commissioner Masden, the motion carried unanimously.
FIRST READING OF ORDINANCE #2007-11, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 3 PERSONNEL, OF THE WELD COUNTY CODE: Mr. Barker stated
the amendment changes the word "property" to "proper" and changes the placement of a clause. There
was no pubic input. Commissioner Garcia moved to approve Ordinance #2007-11 on first reading.
Seconded by Commissioner Masden, the motion carried unanimously.
FIRST READING OF ORDINANCE #2007-12, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 9 INFORMATION SERVICES, OF THE WELD COUNTY CODE:
Mr. Barker stated this Ordinance involves a restriction of links on the Weld County website. He explained
some of the requests for specific links are not able to be accommodated, and only the links which have
been approved and specified by the Board will appear on the website. In response to Commissioner
Masden, Anita Scrams, Information Services, stated the access to be able to create links on the Weld
County website has been isolated and secured. There was no public input. Commissioner Masden moved
to approve Ordinance#2007-12 on first reading. Seconded by Commissioner Jerke, the motion carried
unanimously.
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE), AUTHORIZE CHAIR TO SIGN, AND
ACCEPT COLLATERAL FOR MINOR SUBDIVISION FINAL PLAN, MF#1069 - DAVID AND SUSANNE
SCHWIND: Brad Mueller, Department of Planning Services, stated the collateral is in the form of a Letter
of Credit in the amount of $36,247.98. Commissioner Masden moved to approve said agreement,
authorize the Chair to sign, and accept said collateral. Seconded by Commissioner Rademacher, the
motion carried unanimously.
CONSIDER PARTIAL CANCELLATION AND RELEASE OF COLLATERAL FOR SHILOH ESTATES,
AMENDED PLANNED UNIT DEVELOPMENT FINAL PLAN, AMPF#354-JAMES AND CHERI SCOTT:
Mr. Mueller stated this is a request for $52,094.80 in collateral to be released, and the County will hold
$13,815.90 for warranty collateral. Commissioner Masden moved to approve said partial cancellation and
release of collateral. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER VACATION OF USR#1249-JAMES AND TIA PERRY: Mr. Mueller stated USR#1249 was
originally approved on March 8, 2000, for a Home Business Storage of commercial vehicles and building
supplies in the A(Agricultural)Zone District, and James and Tia Perry are requesting vacation of the USR,
since the site is no longer operational, as expressed in a letter dated September 25, 2007. He stated the
Departments of Planning Services and Public Works are in support of the request for vacation. In
response to Commissioner Masden, Mr. Mueller stated the USR is non-transferable; however, the reason
the landowners are requesting the USR be vacated is they are interested in applying for a Recorded
Exemption on the property and they do not wish do revise the USR. Commissioner Masden moved to
approve said vacation. Seconded by Commissioner Garcia, the motion carried unanimously.
Minutes, October 1, 2007 2007-3084
Page 5 BC0016
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Ordinances #2007-8, #2007-9, #2007-10, #2007-11, and #2007-12 were 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.
There being no further business, this meeting was adjourned at 9:55 a.m.
BOARD OF COUNTY COMMISSIONERS
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ATTEST: ttcie e fi Q Cn
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r.� d;sr. t9 David E. Long, Chair
Weld County Clerk to the Boar t o ,
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✓ William , P -Tern
BY. I/ t �'C �, (J
De ty Cler o the Board 3
W 'am F. Garcia
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Robert D. Masden
Douglas Rademach r
Minutes, October 1, 2007 2007-3084
Page 6 BC0016
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