HomeMy WebLinkAbout20043578.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 22, 2004
TAPE #2004-56
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, December 22, 2004, 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 Robert D. Masden, Chair
Commissioner William H. Jerke, Pro-Tem
Commissioner M. J. Geile
Commissioner David E. Long
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Debra S. Miller
Controller, Barbara Eurich
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of December 20, 2004, as printed. Commissioner Geile 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 Vaad moved to approve the consent agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: Commissioner Vaad stated he and Commissioner Geile
traveled to Cheyenne, Wyoming, to visit with officials from the Wyoming Department of Labor and
Employment. Commissioner Vaad stated discussions with Kathy Inmans, Wyoming government
representative, revealed there are labor shortages in Wyoming and 1,500 employees are needed
immediately in southwest Wyoming for oil and gas work. He stated there is a real possibility for Weld
County to meet Wyoming's labor needs.
Commissioner Long reviewed the court decision regarding Colorado Benefits Management System
problems. He expressed thanks to the Department of Social Services staff for diligently working with Weld
County clients.
2004-3578
BC0016
WARRANTS: Barbara Eurich, Controller, presented the following warrants for approval by the Board:
All Funds $437,759.30
Commissioner Jerke moved to approve the warrants as presented by Ms. Eurich. Commissioner Long
seconded the motion, which carried unanimously.
BIDS: There were no bids to present.
NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR 2003 - AGGREGATE
INDUSTRIES -WCR, INC.: Duane Robson, Assessor's Office, stated the account is assessed based
upon what is produced from mining the sand and gravel pit. He stated the operator changed in 2003, the
Assessor's Office was not notified, and the wrong operator was assessed. Mr. Robson stated the
abatement is $2,229.68. Commissioner Long moved to approve said abatement. Seconded by
Commissioner Jerke, the motion carried unanimously.
CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES-RJML, LLC,
DBA LA MARAVILLA: Bruce Barker, County Attorney, recommended the resolution should contain the
following condition,"The occupancy for the dance hall must be held at or below the number set forth by the
Board of County Commissioners in accordance with the procedure set forth in Paragraph C of the
stipulated conditions for renewal of license which has been incorporated into Resolution 2004-2247 of even
date herewith". Mr. Barker explained that Resolution 2004-2247 allowed the occupancy to reach 450,and
occupancy could be increased upon request of the applicant and a subsequent resolution approved by the
Board of County Commissioners, based upon input from the Department of Public Health and Environment.
He added there has not been a request from the applicant to increase occupancy numbers since August,
2004. Responding to Commissioner Geile, Mr. Barker stated dance hall licenses do not go through the
staff referral process and he has not received comments from staff since the license was approved for
renewal in August 2004, and if the Board of County Commissioners requires an update as to the current
conditions at the establishment, he advised continuing the matter to January 5, 2005,to give the Sheriffs
Office time to collect information. Commissioner Vaad suggested a continuance to December 29, 2004,
in an effort to resolve the matter before any New Year activities take place at the facility. Commissioner
Geile stated he would also like a report from the Department of Public Health and Environment regarding
water and sanitation issues at the site. Commissioner Jerke concurred; however, he noted he will not be
present next week to consider the matter. Responding to Chair Masden, Mr. Barker stated the issues of
sanitation and water are not Conditions of Approval for public dance license renewals; however,the Board
is required to consider if the facility has adequate parking,access,etcetera,and taking testimony from the
Health Department should not be a problem. Responding to Commissioner Long, Mr. Barker stated the
County has no statutory authority to extend the public dance license,and he would prefer the Board approve
public dance licenses from year to year. He stated the Board does have the option of granting the license
for a specific term until they receive additional testimony, at which time they would have the option of
extending the license for the remainder of the year if their concerns are satisfied. After further discussion,
Commissioner Geile moved to approve the application for a Public Dance License,with a term beginning
January 1, 2005, through January 5, 2005, with the option to extend after hearing testimony from the
Sheriffs Office, Department of Public Health and Environment, City of Fort Lupton,and State Patrol at the
regularly scheduled Board meeting on January 5, 2005, at 9:00 a.m. Seconded by Commissioner Jerke,
the motion carried unanimously.
Minutes, December 22, 2004 2004-3578
Page 2 BC0016
CONSIDER INTERGOVERNMENTAL AGREEMENT FOR EMERGENCY MANAGEMENT AND
AUTHORIZE CHAIR TO SIGN: Mr. Barker referenced an attached list of jurisdictions are each authorized
to provide,establish and maintain disaster emergency services as defined by each jurisdiction when local
resources have been depleted. He stated,to date,a total of 87 signatories are included with the agreement,
with additional signatories still pending. Commissioner Geile moved to approve the agreement. Seconded
by Commissioner Long, the motion carried unanimously.
CONSIDER CONTRACT FOR TRAINING AND EMPLOYMENT SERVICES AND AUTHORIZE CHAIR TO
SIGN - ANGIE WILEY: Rodney Deroo, Paramedic Services, stated Weld County is increasing its
employment positions for paramedics in order to meet increasing service needs. He stated said contract
provides for salary, benefits and tuition to be paid while said trainee attends school. Mr. Deroo stated there
is a clause within the contract for breach of contract. Commissioner Long moved to approve said contract.
Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER APPOINTMENTS AND REAPPOINTMENTS TO EMERGENCY MEDICAL/TRAUMA
SERVICES COUNCIL: Commissioner Long moved to continue said matter to December 29, 2004 to
determine the accuracy of the list for appointments and reappointments and respective terms to the
Emergency Medical/Trauma Services Council. Seconded by Commissioner Jerke, the motion carried
unanimously.
CONSIDER ESTABLISHMENT OF AN EMERGENCY MEDICAL/TRAUMA SERVICES COUNCIL AND
ADOPTION OF BYLAWS: Mr. Barker stated it had been determined that the bylaws for the Emergency
Medical/Trauma Service Council had never been approved by the Board of County Commissioners.
Responding to Commissioner Vaad, Mr. Barker stated said Council has been operating under the current
bylaws for about two to three years. Responding to Commissioner Geile, Mr. Deroo stated the word
"trauma" had been added to the Emergency Medical Service Council name. Commissioner Vaad moved
to approve said resolution. Seconded by Commissioner Long, the motion carried unanimously.
PLANNING OLD BUSINESS:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR CHANGE OF ZONE#568, THE
SUMMIT AT MOUNTAIN VIEW- DNS DEVELOPMENT, LLC, C/O DAVID DALGLISH (CON'T. FROM
12/08/04):Chris Gathman, Department of Planning Services,stated the applicant is requesting release of
collateral. He stated a member of the Homeowner's Association wrote a letter voicing concern over weeds
on the neighborhood trail. Mr. Gathman stated a site inspection was conducted and there are weeds,
however,they do not appear to be of the noxious variety. Mr. Gathman stated he has had conversations
with David Dalglish,member of the Homeowner's Association,concerning taking care of weeds,grass and
maintaining the landscaping. He stated the Department of Planning Services has not received written
verification of the discussion; however, he is comfortable with the release of collateral. Responding to
Commissioner Jerke, Mr. Gathman stated he personally inspected for noxious weeds; however, he is not
an expert and will attempt to get verification regarding the type of weeds on the property. Commissioner
Vaad moved to approve said cancellation and release of collateral for Change of Zone#568. Seconded by
Commissioner Long, the motion carried unanimously.
PLANNING:
CONSIDER FOUR-LOT RECORDED EXEMPTION #3963 - STEVEN AND SHERYL GULLEY: Mr.
Gathman identified the location of the property,stating the only issue the Department of Planning Services
has is that the current Weld County Code has a condition that states "four-lot Recorded Exemption
applications shall include the total contiguous land ownership". He explained that the applicant also owns
the east half of the northeast quarter,and that property is not included in the four-lot Recorded Exemption.
He stated there is a pending Ordinance that would amend the Weld County Code to allow applicants to
apply for four-lot Recorded Exemptions without including their total contiguous land holding. Mr. Barker
Minutes, December 22, 2004 2004-3578
Page 3 BC0016
stated the Ordinance was considered by the Planning Commission on December 7, 2004; however,it has
not been scheduled for the Board of County Commissioners. He stated this situation could fall under the
Pending Ordinance Doctrine because the matter before the Board of County Commissioners is approving
the size of the lots and not the remaining contiguous property. Trevor Thiel, representative for the applicant,
was present. CommissionerJerke moved to approve said four-lot Recorded Exemption#3963. Seconded
by Commissioner Long, the motion carried unanimously.
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.
Th eing no further business, this meeting was adjourned at 9:50 a.m.
s. j"'- BOARD OF COUNTY COMMISSIONERS
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Robert D. Masden, Chair
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William H. JeGte, Pro-Tem
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David . Long
Glenn Vaad
Minutes, December 22, 2004 2004-3578
Page 4 BC0016
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