HomeMy WebLinkAbout20070027.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JANUARY 3, 2007
TAPE #2007-01
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, January 3, 2007, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order and on roll call the following members were present,
constituting a quorum of the members thereof:
Commissioner William F. Garcia
Commissioner William H. Jerke
Commissioner David E. Long
Commissioner Robert D. Masden
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jenny Luna
Director of Finance and Administration, Donald D. Warden
ELECTION OF CHAIR: Commissioner Masden nominated David E. Long as Chair for the year 2007. The
nomination was seconded by Commissioner Rademacher. Commissioner Long was unanimously elected
Chair and began Chairing the meeting.
ELECTION OF CHAIR PRO-TEM: Commissioner Masden nominated William H.Jerke as Chair Pro-Tem
for the year 2007. The nomination was seconded by Commissioner Garcia, and Commissioner Jerke was
unanimously elected Chair Pro-Tem.
ASSIGNMENTS: Commissioner Jerke moved to approve the Commissioner Coordinator assignments for
2007, as listed in the draft Resolution. Commissioner Masden seconded the motion, which carried
unanimously.
MINUTES: Commissioner Jerke moved to approve the minutes of the Board of County Commissioners
meeting of December 27, 2006, as printed. Commissioner Masden seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Masden moved to approve the Certification of Hearings
conducted on December 27, 2006,as follows: 1)USR#1568-Pedro Saucedo, c/o Gabriela Ramirez; and
2) USR #1564 - Harley and Patricia Troyer. Commissioner Jerke seconded the motion, which carried
unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
2007-0027
BC0016
(if -oZ3-07
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: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $1,063,059.85
Electronic Transfers -All Funds $4,201,191.91
Commissioner Masden moved to approve the warrants as presented by Mr. Warden. Commissioner
Garcia seconded the motion, which carried unanimously.
BIDS:
PRESENT BIDS: Mr. Warden stated there were no bids to present.
APPROVE COUNTY COURT SERVICES PHASE III BID - DEPARTMENT OF FINANCE AND
ADMINISTRATION: Mr.Warden stated staff recommended the low bid from Sun Construction and Design
Services, in the amount of$454,500.00,within budget. He stated the company will remodel offices on the
second floor of the Centennial Building for additional office space for the District Attorney's Office and
additional courtroom uses. In response to Chair Long, Mr. Warden stated the renovated space will allow
the Courts to schedule additional hearings to keep up with the growing demand for services.
Commissioner Jerke moved to approve said bid, based upon staff's recommendation. Seconded by
Commissioner Masden, the motion carried unanimously.
NEW BUSINESS:
CONSIDER RESOLUTION RE: SCHEDULING OF REGULAR MEETINGS OF THE BOARD FOR 2007:
Commissioner Jerke moved to approve said Resolution. Seconded by Commissioner Masden,the motion
carried unanimously.
CONSIDER RESOLUTION RE: AUTHORIZE PUBLICATION OF PROCEEDINGS FOR 2007: Bruce
Barker, County Attorney, explained State statute requires the proceedings which are related to
expenditures be published on a monthly basis. Commissioner Masden moved to approve said Resolution.
Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER RESOLUTION RE: DESIGNATION OF PARTICULAR PUBLIC PLACE FOR POSTING OF
PUBLIC NOTICES: Mr. Barker stated the particular public place for the posting of public notices is the
bulletin board on the third floor, outside of the Clerk to the Board's office. Commissioner Garcia moved
to approve said Resolution. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER APPOINTMENT OF COMMISSIONER DAVID E. LONG TO CERTAIN ADVISORY BOARDS:
Commissioner Garcia moved to approve said appointments. Seconded by Commissioner Rademacher,
the motion carried unanimously.
CONSIDER APPOINTMENT OF COMMISSIONER WILLIAM H. JERKE TO CERTAIN ADVISORY
BOARDS: Commissioner Rademacher moved to approve said appointments. Seconded by Commissioner
Masden, the motion carried unanimously.
Minutes, January 3, 2007 2007-0027
Page 2 BC0016
CONSIDER APPOINTMENT OF COMMISSIONER WILLIAM F. GARCIA TO CERTAIN ADVISORY
BOARDS: Commissioner Masden moved to approve said appointments. Seconded by Commissioner
Jerke, the motion carried unanimously.
CONSIDER APPOINTMENT OF COMMISSIONER ROBERT D. MASDEN TO CERTAIN ADVISORY
BOARDS: Commissioner Jerke moved to approve said appointments. Seconded by Commissioner
Rademacher, the motion carried unanimously.
CONSIDER APPOINTMENT OF COMMISSIONER DOUGLAS RADEMACHER TO CERTAIN ADVISORY
BOARDS: Commissioner Masden moved to approve said appointments. Seconded by Commissioner
Jerke, the motion carried unanimously.
CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES AND
AUTHORIZE CHAIR TO SIGN -J. MONTES, INC., DBA EL RODEO NIGHTCLUB: Mr. Barker stated this
item, and the following item, are requests for a dance license for liquor licensed establishments within the
County. He stated the term of the license is calendar year 2007, and any conditions or limitations that are
in place for the liquor license also are in effect for the dance license. He further stated he has not received
a response of any significant concerns from the Sheriff's Office regarding the two establishments, and he
recommended approval of both applications. Commissioner Garcia moved to approve said application and
authorize the Chair to sign. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES AND
AUTHORIZE CHAIR TO SIGN - RJML, LLC, DBA LA MARAVILLA: Commissioner Jerke stated he is
aware that La Maravilla most likely has had incidents and/or altercations within the past year; however,
none of the incidents have risen to the level of being a serious public problem. He stated he is aware that
the Sheriff's Office is in consistent contact with the establishment; however, the fees collected for liquor
licenses and dance licenses do not cover the expenses incurred by the Sheriff's Office for the services
provided. He further stated La Maravilla has been under public scrutiny in the past, dealing with issues
related to the structure of the establishment. Commissioner Masden stated the establishment has had
many problems in the past with the separation of adults and minors within the same facility, and he is not
in support of the application. Commissioner Garcia moved to approve said application and authorize the
Chair to sign. The motion was seconded by Commissioner Jerke, and he stated the establishment has
had significant problems in the past; however, the application of a dance license is not the correct venue
to discuss concerns regarding liquor service. Upon request for a roll call vote, the motion carried four to
one, with Commissioner Masden opposed.
CONSIDER ENERGY AND MINERAL IMPACT ASSISTANCE PROGRAM GRANT CONTRACT FOR
ROAD EQUIPMENT AND AUTHORIZE CHAIR TO SIGN: Mr. Warden stated the grant will provide funds,
in the amount of$1,500,000.00, to purchase heavy equipment for the Department of Public Works which
will fulfill the capital expenditure for equipment in 2007. He stated the Department of Local Affairs allowed
the County to apply for this non-cycle grant, which is the second application within the past year. He
further stated Weld County provides significant contributions to the fund created by revenues of area oil
and gas wells. Mr. Warden stated the funds must be used for a Department of Public Works project, and
the funds must be committed by June 30, 2007; therefore, he recommended using the funds to purchase
equipment instead of to be placed towards a road improvement project. In response to Commissioner
Garcia, Mr. Warden stated the only limitation is that funds must be spent by the given deadline, and road
projects are usually time consuming and it would be necessary to request an extension to complete the
required work. He further stated grant funds previously provided were utilized in conjunction with
improvements to Weld County Road 13. Commissioner Masden moved to approve said contract and
authorize the Chair to sign. Seconded by Commissioner Jerke, the motion carried unanimously.
Minutes, January 3, 2007 2007-0027
Page 3 BC0016
CONSIDER DECLARATION OF OIL AND GAS LEASE EXPIRATION: Mr. Barker stated a lease was
completed in 1975, regarding multiple properties, covering approximately 3,800 acres. He stated no
production has occurred on the properties since 1999, and a provision of the lease states production must
occur within a period of five years. He further stated Bill Crews has completed research on the properties,
and several oil and gas companies will be interested in leasing these properties. Mr. Barker recommended
approval of the declaration. In response to Commissioner Jerke, Mr. Barker stated the properties will be
placed for bid in order obtain new leases. Mr. Warden instructed staff to have the Resolution recorded.
Responding to Commissioner Masden, Mr. Warden stated advertisements for properties are done upon
the request of any interested parties. He further stated the industry recommends waiting until a company
is ready to explore a certain property and places a request for a lease, which produces a more effective
bidding process. In response to Commissioner Rademacher, Mr. Barker stated the properties are listed
in the Resolution, and are spread throughout the County. He further stated staff will place the Resolution
on the website to provide accessible information to interested parties. Commissioner Masden moved to
approve said declaration. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER APPOINTMENTS TO BOARD OF TRUSTEES FOR NORTH COLORADO MEDICAL
CENTER: Commissioner Jerke moved to reappoint Richard Boettcher and appoint Ryan Mayeda to the
Board of Trustees for North Colorado Medical Center, both with terms to expire January 12, 2010.
Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER APPOINTMENTS TO REGIONAL COMMUNICATIONS ADVISORY BOARD: Commissioner
Masden moved to reappoint Phillip Tiffany and Mark Lawley to the Regional Communications Advisory
Board, both with terms to expire December 31, 2009, and to appoint Gary Barbour and Tim Zimmerman
to said board, with terms to expire December 31, 2008, and December 31, 2009, respectively. Seconded
by Commissioner Jerke, the motion carried unanimously.
CONSIDER APPOINTMENT TO WELD/LARIMER REVOLVING LOAN FUND COMMITTEE:
Commissioner Masden moved to appoint Brad Leafgren to the Weld/Larimer Revolving Loan Fund
Committee, with a term to expire December 31, 2009. Seconded by Commissioner Jerke, the motion
carried unanimously.
SECOND READING OF ORDINANCE#2006-11, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS,CHAPTER 2 ADMINISTRATION,OF THE WELD COUNTY CODE: Commissioner
Jerke moved to read by title only. Seconded by Commissioner Masden, the motion carried unanimously.
Mr. Barker read said title into the record and stated Section 2-2-150 will be added, regarding
Amendment 41. He stated the addition will confirm that all employees and elected officials are prohibited
from accepting bribes, money, property, or services of value during the course of employment. He further
stated penalties for violation of this section are determined through the Weld County Code and Colorado
Revised Statutes, and may be prosecuted as a felony offense. Mr. Barker stated this addition will bring
the County into compliance with what the State requires. In response to Commissioner Jerke, Mr. Barker
stated this provision has been listed in the Weld County Code; however, it formerly stated employees, and
it now clarifies that elected officials are subject to the same regulations. He further stated two minor
changes are also made through this Ordinance, updating the contact information for the Office of the Clerk
to the Board Responding to Commissioner Long, Mr. Warden stated e-mail messages are deleted after
a 30-day period, therefore, employees and elected officials should save any important messages, or print
out a hard copy to file. Commissioner Masden moved to approve Ordinance#2006-11 on second reading.
Seconded by Commissioner Rademacher, the motion carried unanimously.
Minutes, January 3, 2007 2007-0027
Page 4 BC0016
PLANNING OLD BUSINESS:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS(PUBLIC ROAD MAINTENANCE)FOR A PRIVATELY MAINTAINED ROADWAY,
AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR PLANNED UNIT DEVELOPMENT
FINAL PLAN, PF#1032 - UIV LAND, LLC, CIO NOLAN ULMER (CON'T FROM 12/11/2006): Kim Ogle,
Department of Planning Services, stated the applicant has completed the final plat, which was approved
administratively. He stated the applicant chose to complete all the improvements instead of posting
collateral; however, it is necessary to collect 15 percent of the paving costs as a one-year warranty. He
stated the matter was previously continued due to the fact that an Improvements Agreement for Public
Road Maintenance was completed, and this road will be privately maintained.
Drew Scheltinga, Department of Public Works, stated the applicant originally built a single residential
dwelling, and later he decided to create a Planned Unit Development upon the same property. He stated
all improvements have been satisfactorily completed, and the road has been paved. He requested
retaining 15 percent of the paving costs, in the amount of$10,112.00, as a one-year paving warranty. He
stated the pavement will be inspected after a period of one year, and the collateral will be released at that
time upon good condition of the road. He further stated all repairs necessary will be completed by the
applicant, and the road will not be maintained by the County. In response to Commissioner Jerke, Mr.
Ogle stated the applicant recently requested a modification of a lot line for an easement. Commissioner
Masden moved to approve said agreement, authorize the Chair to sign, and accept said collateral.
Seconded by Commissioner Jerke, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Ordinance #2006-11 was 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 9:45 a.m.
ARD OF COUNTY COMMISSIONERS
E 1, COUNTY COLORADO
ATTEST: 4teil 11. .,,e, 1 �d
David E. Long, Chair
Weld County Clerk to the Boa 1861 t AC:- ''' 9 1
!'1 %b W,.A °" Willis H. , Pro-Tem
Deputy lerk to the Board
Wi • m F. Garcia
W.P
Robert D. Ma den
i nU _7aF.�A
Douglas ademacher
Minutes, January 3, 2007 2007-0027
Page 5 BC0016
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