HomeMy WebLinkAbout20051095.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 30, 2005
TAPE #2005-18
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, March 30, 2005, 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 M. J. Geile, Pro-Tem
Commissioner David E. Long - EXCUSED
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther E. Gesick
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Geile moved to approve the minutes of the Board of County Commissioners
meeting of March 28, 2005, as printed. Commissioner Masden seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT:Sharon Croghan,County resident,announced the formulation of the High Plains Coalition
for Responsible Transportation Policies,which is comprised of people from six counties within the corridor
that is proposed for a toll road. She stated the group was formed in response to the announcement from
Ray Wells and the Front Range Toll Road Company of their intentions to begin construction of a toll road
from Wellington to south of Pueblo. Ms. Croghan stated the residents of the area would like to submit
concerns and suggested regulations for the project. She questioned what regulations exist for a private toll
road, and what are the procedures to follow to submit a list of proposals. Chair Jerke requested Ms.
Croghan submit a written request to the County to be addressed through the various departments of Weld
County. Commissioner Geile stated Weld County does have 1041 powers and the Board has discussed
the possibility of enforcing those powers to represent the interests of the people in the corridor.
William Perry, County resident, spoke on behalf of his son who lives on Weld County Road 55. He
expressed concern with the toll road through the center of their 80-acre farm,and stated they looked for four
years to find a suitable place for his family. Mr. Perry stated although Mr.Wells initially indicated only 90
families would be involved, it is becoming more apparent that 60,000 to 70,000 people may be displaced
by the toll road that is proposed to be 12 miles wide and 210 miles long.
2005-1095
BC0016
Bill Sarchet,County resident,stated it is apparent the proponents want to control future growth. He stated
the front range along the 1-25 corridor is running out of land and water, and this proposal appears to be a
land grab so they can control future development. Mr. Sarchet stated he hopes this issue gains more
publicity because it affects many people. He stated a two-mile-wide corridor would be adequate, and 12
miles is excessive.
Lawrence Berhardt, County resident, stated they have had a family farm in the area for many years, and
he expressed concern with farms being divided up. He stated he wants to protect the livelihoods of the
residents in the area.
Pat Waldron,County resident,stated she is part of the High Plains Coalition for Responsible Transportation
Policies and expressed concern with the negative publicity provided by the press. She stated the area
residents are not absolutely opposed to a toll road; however, they do want to make sure that it is
investigated and done responsibly. Ms. Waldron stated she was in the County Department of Planning
Services recently to get a building permit and found a map of the toll road on the front counter with website
information. She stated it gave the impression that the County is already in support of the project. In
response to Chair Jerke, Ms. Waldron stated it was a laminated map and staff indicated it was there to
provide information for the toll road going in. Commissioner Masden stated the Board has not taken a
formal position on the matter because they have not been approached regarding the project. He stated
even though the Bill was killed in the Senate,the proponent still has the right for condemnation,and has had
that right since 1986. He further stated the Board is in agreement with the concept;however,the applicants
have not gone through the appropriate process. Ms.Waldron stated they are not trying to be a hindrance,
rather they wish to assist the Board with information regarding the perceived impact to the area residents.
Commissioner Vaad stated based on eight years of experience with the Planning Services Department,he
is certain the map was placed on the front counter as a convenience to the public who come in with
questions. He stated County staff is careful not to endorse a project until it is in full effect. Ms. Walden
reiterated the map was laminated and taped on the counter; however, staff indicated the information she
provided would have be posted on a bulletin board across the room. Commissioner Geile stated any time
there is a public facility project, there should be a series of meetings to gain public input; however, that
phase of the project was circumvented. He stated in order for this project to proceed, it will be critical to
go back and conduct those hearings. He further stated the potential of the Board adopting 1041 powers to
deal with the project would put the developer in the position of having to explain why they did not go through
the appropriate public hearing process.
CONSENT AGENDA: Commissioner Masden moved to approve the consent agenda as printed.
Commissioner Geile seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, CHILD PROTECTION CITIZEN REVIEW PANEL - SHELLEY
MARTINDELCAMPO:Chair Jerke read the certification recognizing Shelly MartindelCampo for four years
of service on the Child Protection Citizen Review Panel. Ms. MartindelCampo was not present.
COMMISSIONER COORDINATOR REPORTS: Commissioner Masden stated last week he went to the
Department of Labor and Employment for energy impact hearings and workshops. He stated the five
projects proposed by Weld County were each fully funded. Chair Jerke explained the energy impact funds
come from severance tax from energy exploration in Weld County and the funds are then used for many
different types of County projects.
Minutes, March 30, 2005 2005-1095
Page 2 BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $258,391.78
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Geile
seconded the motion, which carried unanimously.
BIDS:
PRESENT BITUMINOUS PAVEMENT HOT/COLD MIX AND ASPHALT BID-DEPARTMENT OF PUBLIC
WORKS: Mr. Warden presented the three bids which will be brought back for consideration on April 13,
2005. Responding to Commissioner Geile, Mr.Warden stated the final amounts are meaningless at this
point because staff still needs to do a complete evaluation.
PRESENT 2005 SLURRY SEAL BID-DEPARTMENT OF PUBLIC WORKS: Mr.Warden presented the
three bids which will be brought back for consideration on April 13, 2005.
PRESENT VARIOUS FUELS BID-DEPARTMENT OF PUBLIC WORKS: Mr.Warden presented the two
bids which will be brought back for consideration on April 13, 2005.
APPROVE COUNTY NEWSPAPER -APRIL 4, 2005, TO MARCH 31, 2006 BID - DEPARTMENT OF
FINANCE:Mr.Warden stated staff recommends approval of the sole bid from MetroWest Newspapers for
the Fort Lupton Press or Carbon Valley Farmer and Miner. In response to Commissioner Geile,Mr.Warden
stated the rates are comparable to last year. Commissioner Geile moved to approve said bid as
recommended by staff. The motion was seconded by Commissioner Vaad, and it carried unanimously.
NEW BUSINESS:
CONSIDER HIGHWAY TRAFFIC SAFETY PROJECT APPLICATION FOR PURCHASE OF
BLOOD/BREATH ALCOHOL TESTING VEHICLE AND AUTHORIZE CHAIR TO SIGN - COLORADO
DEPARTMENT OF TRANSPORTATION: Ken Poncelow, Sheriffs Office, stated this application is for
funding to purchase a vehicle which will be used at sobriety checkpoints,at a cost of$137,160,with a soft
dollar match of officer time in the amount of$24,430. He stated the unit will also be shared with Larimer
and Morgan Counties. Responding to ChairJerke and Commissioner Vaad,Mr. Poncelow stated these are
Colorado Department of Transportation(CDOT)funds,and the vehicle is a 24-foot, RV-style van that has
equipment for giving breath tests on site rather than taking people to the County jail or a local police
department. In response to Mr.Warden,Mr.Poncelow stated the unit will require approximately$2,400 per
year for maintenance and Paramedic or hospital staff to do the checkpoints. Commissioner Masden moved
to approve said application and authorize the Chair to sign. Seconded by Commissioner Geile,the motion
carried unanimously.
CONSIDER HIGHWAY TRAFFIC SAFETY PROJECT APPLICATION FOR SPECIALIZED TARGETING OF
DRIVERS WITH AGGRESSIVE DRIVING BEHAVIORS AND AUTHORIZE CHAIR TO SIGN-COLORADO
DEPARTMENT OF TRANSPORTATION: Mr. Poncelow stated one of the leading causes of fatalities is
aggressive behavior while driving. He stated this application will supplement a three-year plan for an
unmarked sports utility vehicle and an additional officer. Responding to Commissioner Geile,Mr. Poncelow
stated the total cost is$113,549 for the officer and vehicle. Mr. Warden stated since the Sheriffs Office
was intending to add a fifth officer, this will actually save Weld County money since the State will be
contributing. Responding to Commissioner Vaad,Mr.Poncelow stated the unit can be used anywhere,and
they will coordinate with the State Patrol on state highways. In response to Commissioner Geile, Mr.
Poncelow explained the State has similar units; however, they are not unmarked. Commissioner Geile
Minutes, March 30, 2005 2005-1095
Page 3 BC0016
moved to approve said application and authorize the Chair to sign. The motion was seconded by
Commissioner Vaad, and it carried unanimously.
CONSIDER HIGHWAY TRAFFIC SAFETY PROJECT APPLICATION FOR SOBRIETY CHECKPOINTS
AND SATURATIONS AND AUTHORIZE CHAIR TO SIGN - COLORADO DEPARTMENT OF
TRANSPORTATION: Mr. Poncelow stated the County was pursued by CDOT to participate with sobriety
checkpoints during the summer months of 2005, which will be conducted starting on Memorial Day
weekend and ending on Labor Day weekend. He stated the grant is for$24,894, in addition to a soft dollar
office match in the amount of$8,821, for a total of $33,075. He further stated they have requested the
County do eight DUI checkpoints and saturations, in addition to the$25,000 granted to the Greeley Police
Department and State Patrol, which is a total of$75,000 to do DUI checkpoints throughout the summer.
Responding to Chair Jerke,Mr.Poncelow stated they can continue to do this type of check point; however,
the funding is only for the summer months. In response to Commissioner Masden, Mr. Poncelow stated
each agency will do eight checkpoints,for a total of 24 throughout the summer. Commissioner Geile moved
to approve said application and authorize the Chair to sign. The motion, which was seconded by
Commissioner Masden, carried unanimously.
CONSIDER HIGHWAY TRAFFIC SAFETY PROJECT APPLICATION FOR SPECIFIC PROGRAMS FOR
CHILDREN CONCERNING TRAFFIC ISSUES AND AUTHORIZE CHAIR TO SIGN - COLORADO
DEPARTMENT OF TRANSPORTATION: Mr. Poncelow stated this funding will provide educational video
tapes for monolingual Spanish-speaking families regarding not placing small children in front seats, the
Every 15 Minutes Program, rewards for teenagers wearing their seatbelts and warnings for those not
wearing their seatbelts,ice cream socials,and printing for teenage driving agreements. He stated the funds
will be absorbed into next year's budget, in the amount of$23,000, with $21,912 in soft dollars through
officer hours. In response to Commissioner Geile, Mr. Poncelow stated there is a public information
program to raise public awareness of the programs. ChairJerke stated the driving simulator is a great tool.
Mr. Poncelow agreed, although it is not part of this particular program. Commissioner Masden moved to
approve said application and authorize the Chair to sign. Commissioner Geile seconded the motion, and
it carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - PETROLEUM DEVELOPMENT
CORPORATION,C/O LOGAN AND FIRMINE, INC.:Mary Hazen,Assessor's Office,stated the petition was
originally denied;however,due to a recent Supreme Court decision,staff is changing its recommendation.
(Switched to Tape#2005-19) She stated the petitioner did include figures on the petition;however,staff is
uncertain whether to proceed as submitted or require the property owner to file new forms. Commissioner
Geile stated he would prefer a work session to discuss how this situation should be addressed since it
impacts so many oil and gas companies. Ms. Hazen stated this petition was filed in December 2004, and
it must be completed within six months. Richard Logan, Logan and Firmine,questioned the work session
format,which was explained by ChairJerke. Mr. Barker stated the Assessor's portion of the petition needs
to be completed and a continuance to April 18, 2005, would allow enough time to have a work session.
Responding to Mr.Warden,Ms. Hazen stated they have held approximately 15 petitions dealing with oil and
gas facilities that have been affected by the Court's decision. She further stated they may start receiving
additional petitions, and there are several others currently at the Board of Assessment Appeals.
Commissioner Geile moved to continue said petition to April 18, 2005. The motion was seconded by
Commissioner Masden, and it carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - RENEGADE OIL AND GAS
COMPANY, LLC: Ms. Hazen stated this is the same situation as the prior matter, and staff still needs to
complete the figures for the petition. Commissioner Geile moved to continue said petition to April 18,2005.
The motion was seconded by Commissioner Vaad, and it carried unanimously.
Minutes, March 30, 2005 2005-1095
Page 4 BC0016
CONSIDER REAFFIRMING ACTION OF THE BOARD CONCERNING PETITION FOR ABATEMENT OR
REFUND OF TAXES-STATE FARM MUTUAL AUTOMOBILE INSURANCE:Cyndy Giauque,Assistant
County Attorney,stated this is a housekeeping request. She explained the petitioner filed this petition in the
Fall of 2003 and the Board took action on November 5,2003. The Board of Assessment Appeals found that
abatements cannot be acted upon unless denied or approved after January 1st of the following year.
Commissioner Vaad moved to reaffirm the action of the board concerning the Petition for Abatement or
Refund of Taxes for State Farm Mutual Automobile Insurance. The motion was seconded by
Commissioner Masden, and it carried unanimously.
CONSIDER RENEWAL APPLICATION FOR HOTEL AND RESTAURANT LIQUOR LICENSE AND
AUTHORIZE CHAIR TO SIGN-RJML,LLC, DBA LA MARAVILLA: Bruce Barker,County Attorney,stated
the Board passed a Resolution to renew this liquor license with stipulations on August 2,2004; however,
it is still subject to the original renewal date of March 10th. He stated he, Les Wiemers, J. D. Broderius,
and Jeff Matthews from the Sheriffs Office, and Dave Ziemer with the Colorado Liquor Enforcement
Division,all met with the licensee on March 7,2005,to discuss the stipulated conditions from last year and
whether any modifications were needed. He stated the Sheriff's Office indicated difficulty identifying the
security guards, therefore Condition B requires uniformed security guards that do not wear firearms. He
stated Condition C sets the occupancy amount at 450 and keeps the same time schedule,and Condition
E states the licensee will only allow single serve drinks rather than beer pitchers on the minor side,which
will make it easier to identify people who are allowed to drink. Mr.Barker stated the licensee has addressed
all of the other issues from last August, and the renewal application packet includes information from the
Department of Public Health and Environment and Planning Services stating there is a current food service
license and adequate zoning. He stated there is an adequate sewage disposal system,as well as training
for the wait staff. He further stated the packet also contains details regarding disciplinary action taken by
the State with respect to the establishment's service to a minor. He stated the licensee did agree to a
suspension that was deferred with payment of a fine in the amount of$556.44. Responding to ChairJerke,
Mr. Barker stated the State's Show Cause process is held in abeyance since the applicant paid the
appropriate fines. Eugene Tardy represented the licensee and stated the Show Cause has been
dismissed,the licensee paid the fine, and a sentence has already been determined if they have another
incident. In response to Commissioner Masden, Mr.Tardy stated they had the option of closing their doors
or paying the penalty. He explained the bartender disregarded the instructions of the training program and
her employer, and, as a result, she has been discharged and charged by the County for serving a minor.
He stated they did not contest the event because they had an employee that disregarded State law. In
response to Chair Jerke, Mr. Tardy stated one of the requirements of the stipulation is that they not have
a second similar violation in a 12-month period, and if they do,the establishment will be closed for 5 days
in addition to the fine they have already paid. Responding to Chair Jerke, Mr.Tardy stated they would be
closed for five business days, and they are open Thursday through Sunday.
Deputy Wiemers stated he has met with the licensee every other week since August 2004,and there have
been a few isolated incidents, which is no more than those reported at other liquor establishments. He
stated his concerns are being addressed in the proposed Resolution. He stated he had trouble identifying
the security guards,therefore,the licensee purchased shirts with reflective"Security"printed on the backs,
and although they have stopped serving buckets of beer on the minor side, he will need to continue
monitoring the situation to see if there are improvements. In response to Commissioner Geile, Deputy
Wiemers stated he has not received any negative feedback about the traffic plan. He stated at closing they
diverttraffic into Fort Lupton to a stop light rather than allowing vehicles to turn left onto Highway 85 at Weld
County Road 16. Responding to Chair Jerke, Deputy Wiemers stated if adults are on the minor side,they
can only purchase single serve drinks, and it is his understanding that they no longer serve buckets or
pitchers. In response to Commissioner Masden, Deputy Wiemers stated the Sheriffs Office has not
witnessed minors being served; however, their concern was that minors had easy access to unattended
buckets of beer,and it was too difficult for security to keep track where beer was obtained on the minor side.
Minutes, March 30, 2005 2005-1095
Page 5 BC0016
He stated they are not allowing alcohol on the dance floor. He further stated Weld County Road 16 is
blocked at the end of the night when a majority of the patrons are leaving,they have security and a lit car
to help direct traffic. Responding to Commissioner Masden, Mr. Barker stated a temporary road closure
can be approved by the Sheriffs Office for the purposes of traffic control,the Sheriffs Office approved the
traffic plan that was part of the Board's approval for the original Liquor License, and it is part of the file.
No public testimony was offered concerning this matter. Mr. Tardy stated the changes made in the
Stipulated Conditions are not a result of any breach, rather,they are enhancements as a result of a good
working relationship with the Sheriffs Office. He stated the traffic plan is in place as required by the Board
of Commissioners, and he is not aware of any accidents at the intersection of Weld County Road 16 and
Highway 85 in the last 18 months related to the facility. He further stated the license extended funds to
purchase elevated tables that are more visible for security and law enforcement to identify who is drinking.
He stated the only minor served was one who was sent in by the State Division of Revenue,and although
they are aware of youth attempting to get alcohol, their plan seems to be working.
Commissioner Geile moved to approve said renewal application with the conditions and stipulations as
proposed by staff and agreed to by the applicant. The motion was seconded by Commissioner Vaad. Chair
Jerke stated he has difficulties finding the mixture of alcohol and youth is workable concerning the health,
safety and welfare of the citizens. He also expressed concern with what the result would be if more
undercover youth were sent in attempting to acquire alcohol. Commissioner Geile stated it is very difficult
to manage this type of establishment, and he commended the licensee for providing training to the
employees and working with law enforcement. He stated the traffic plan has worked as people are leaving
the establishment,and the health issues regarding water and sewer have been addressed. Commissioner
Vaad commented the public testimony today and written evidence in the file shows the licensee's diligence
in complying with the stipulations that are extraordinary and necessary in this case. Commissioner Masden
stated he concurs with prior statements, and he feels the applicant has come a long way in working with
the Sheriffs Office and the security firm; however, he still has concerns with a minor being served and he
has reservations about the health,safety and welfare of the public regarding traffic flow directed from Fort
Lupton because some constituents have expressed concern. Upon a call for the vote,the motion carried
three to one, with Commissioner Masden opposed.
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.
Minutes, March 30, 2005 2005-1095
Page 6 BC0016
There being no further business, this meeting was adjourned at 10:30 a.m.
E Lin r , BOARD OF COUNTY COMMISSIONERS
a WELD COUNTY,/ COLORADO
1861 A' . iiiLiadjudir
} ��/�^�,f j_ ` William H. rke, Chair
, s -Aunty Clerk to the Board
M. J. eile,4Pro Tern
I BY: x„,„ ,
Deputy Clerk to the B and EXCUSED
'd . Lon
Rob rt D. Masden
Glenn Vaad
Minutes, March 30, 2005 2005-1095
Page 7 BC0016
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS ,30 DAY OF '717aic1.L , 2004:
ITEM OF BUSINESS: ��i�/4e, �0n
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