HomeMy WebLinkAbout20042344.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 9, 2004
TAPE #2004-33
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, August 9, 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 Miller
Director of Finance and Administration, Donald D. Warden
A MOMENT OF SILENCE IN MEMORY OF WILLIAM "EARL" ROUNDS: Sheriff John Cooke stated
Earl was a very positive individual and would be missed by the department. He further explained the
Sheriff's Office is taking up a collection for Mr. Rounds'family. Responding to Commissioner Vaad, Don
Warden, Director of Finance and Administration,stated Workman's Compensation usually makes payment
within a week of the incident and the response from a life insurance claim is generally three weeks. To
conclude, Chair Masden stated the Department's safety record is very good, despite this unfortunate
situation, and the Board extends their condolences to Mr. Rounds'family. Chair Masden finalized with a
moment of silence in memoriam.
MINUTES: Commissioner Vaad moved to approve the minutes of the Board of County Commissioners
meeting of August 4, 2004, as printed. Commissioner Long seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Long moved to approve the Certification of Hearings
conducted on August 4,2004,as follows: 1) USR#1472,Wes Moser and Sons, Inc., do Noah's Bark/JoJo
and Steve Pomeroy, do AGPROfessionals, LLC;2) USR#1465, Donald Wroblewski,do Joe and Tammy
Wroblewski;3)USR#552, Duke Energy Field Services,do Witwer,Oldenburg, Barry and Bedingfield, LLP;
and 4)USR#1466, Francisco and Lorraine Valencia,c/o Todd Hodges Design, LLC. Commissioner Jerke
seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
2004-2344
BC0016
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: There were no Commissioner Coordinator Reports.
WARRANTS: Mr. Warden presented the following warrants for approval by the Board:
All Funds $927,414.81
Commissioner Long moved to approve the warrants as presented by Mr. Warden. Commissioner Geile
seconded the motion, which carried unanimously.
BIDS:
APPROVE QUALITY BASED SELECTION BID FOR WCR 13-DEPARTMENT OF PUBLIC WORKS: Mr.
Warden stated Felsburg, Holt and Ullevig was the preferred consultant selected for the project. He stated
the cost for Phase II will be $459,928.05. Commissioner Long moved to approve the selection.
Commissioner Vaad seconded the motion, and it carried unanimously.
OLD BUSINESS:
CONSIDER RENEWAL APPLICATION FOR HOTEL AND RESTAURANT LIQUOR LICENSE AND
AUTHORIZE CHAIR TO SIGN-RAMON ZAVALA, DBA EL VAQUERO(CON'T FROM 08/02/04): Bruce
Barker, County Attorney, stated this application had been continued from August 2, 2004, to give the
Sheriff's Office an opportunity to respond to Board questions. Commissioner Vaad moved to approve the
application. The motion was seconded by Commissioner Long,and carried four to one with Commissioner
Jerke voting against said renewal on a roll call vote. Commissioner Geile proposed a work session
regarding the testimony coming before the Commissioners, regarding liquor license renewal,to include law
enforcement, as well as various compliance agencies. Chair Masden agreed stating there have been
ongoing discussions between the County Attorney's office and Board members regarding revamping the
application process to possibly include the instatement of a liquor board.
NEW BUSINESS:
CONSIDER AGREEMENT FOR CONVEYANCE OF EASEMENT AND TEMPORARY CONSTRUCTION
EASEMENT AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS - B&E RENTAL
PROPERTIES, LLC: Frank Hempen, Jr., Director of Public Works, stated the easement will be for extra
grading and shaping of the roadway ditch during the construction of improvements to Weld County Road
47. He stated the total value of acquisition is$700. Commissioner Long moved to approve said agreement
and easement. The motion, which was seconded by Commissioner Geile, carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 378 BETWEEN WCR 29.5 AND TWO RIVERS
PARKWAY: Mr. Hempen stated Weld County Road 378 will be closed from August 16, 2004 to
approximately September 3, 2004 for construction and paving. Responding to Commissioner Vaad, Mr.
Hempen verified the location and stated the detours will be on 37th Street and 65th Avenue. Commissioner
Long moved to approve the temporary closure. The motion,which was seconded by Commissioner Vaad,
carried unanimously.
CONSIDER TEMPORARY CONSTRUCTION EASEMENT AND AUTHORIZE CHAIR TO SIGN -JOYE
SCHNEIDER: Mr. Hempen stated the cost of acquisition will be $500. Commissioner Geile moved to
authorize said easement. The motion,which was seconded by Commissioner Long, carried unanimously.
Minutes, August 9, 2004 2004-2344
Page 2 BC0016
CONSIDER ENTRY UPON VARIOUS LANDS BY WELD COUNTY VEGETATION MANAGEMENT
SPECIALIST: Mr. Hempen requested routine approval for controlling noxious weeds. CommissionerJerke
moved to approve said entry. The motion, which was seconded by Commissioner Vaad, carried
unanimously.
CONSIDER TEMPORARY CONSTRUCTION EASEMENT AND AUTHORIZE CHAIR TO SIGN-WEST
COLORADO SQUARE, LTD: Mr. Hempen stated cost of acquisition is $500 and he recommended
approval of said easement. Commissioner Long moved to authorize said easement. The motion,which
was seconded by Commissioner Jerke, carried unanimously.
CONSIDER APPOINTMENT TO AREA AGENCY ON AGING-BEVERLY DANIEL: Commissioner Vaad
moved to approve the appointment of Beverly Daniel to the Area Agency on Aging with a term to expire
January 31, 2005. The motion, which was seconded by Commissioner Long, carried unanimously.
CONSIDER SECOND READING OF CODE ORDINANCE#2004-7, IN THE MATTER OF THE ADDITION
OF ARTICLE VI, PROHIBITION OF SOLICITATIONS IN OR NEARA PUBLICLY MAINTAINED STREET,
ROAD, OR HIGHWAY, TO CHAPTER 17, PUBLIC PLACES, OF THE WELD COUNTY CODE:
Commissioner Vaad moved to read the Ordinance by title only with Commissioner Jerke seconding the
motion. The motion carried unanimously. Chair Masden read said title. Mr. Barker reviewed Exhibit A, a
photograph of the Highway 119 to 1-25 off-ramp,which is experiencing frequent panhandling problems. Mr.
Barker suggested amendments to Sections 17-5-20, 17-5-30 and 17-5-40 to read,"...the area intended for,
or capable of, pedestrian travel, such as a sidewalk or shoulder." There being no public comment,
Commissioner Vaad moved to approve the amendments to the ordinance. Seconded by Commissioner
Long, the motion carried unanimously. Commissioner Vaad moved to approve the second reading of
Ordinance#2004-7 with amendments. The motion,which was seconded by Commissioner Long, carried
unanimously.
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENTACCORDING TO POLICY REGARDING COLLATERAL FOR
IMPROVEMENTS (PRIVATE ROAD MAINTENANCE), AUTHORIZE CHAIR TO SIGN, AND ACCEPT
COLLATERAL FOR SITE PLAN REVIEW #372 - BDH & R INVESTMENT COMPANY: Don Carroll,
Department of Public Works, stated this site will be the location of a Saturn/Suzuki dealership within the
Vista Commercial Center. Mr. Carroll stated he had completed his evaluation of Exhibit A, a portion of the
transportation section, to verify the quantities are adequate to complete the project. Responding to
Commissioner Vaad, Mr. Barker stated the municipality, if it eventually annexes this property, may take one
of two positions: (1)the Town could ignore the collateral agreements or(2)the municipality could stand in
place of the County and the Board can assign its rights to the collateral. Commissioner Vaad made a
motion to approve agreement and accept collateral. The motion,which was seconded by Commissioner
Geile, the motion carried unanimously.
CONSIDER ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT FOR USE BY SPECIAL
REVIEW#1438 AND AUTHORIZE CHAIR TO SIGN- HCP VENTURES, LLLPAND CAREERS WORLD
WIDE: Mr. Carroll identified the location for dust abatement as the properties adjacent to the site known
as the truck driving and heavy equipment school. Mr. Carroll stated the agreement includes dust
abatement,for each residence affected by the school"haul route", twice a year or as needed. Responding
to Commissioner Vaad, Mr. Carroll explained text within the agreement is standard and the grader foreman
determines application frequency. Commissioner Vaad moved to approve the agreement. The motion,
which was seconded by Commissioner Geile, carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. Second Reading of Ordinance #2004-7 was approved.
Minutes, August 9, 2004 2004-2344
Page 3 BC0016
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 9:40 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO\Vgja A ��� Robert D. Masden, Chair
is `�+- •,G • Clerk to the Board
A
fir. , William H. Jerl Pro-Tem
% ;, Clerk to the Board
• M. J.
David . Long
Glen aad
Minutes, August 9, 2004 2004-2344
Page 4 BC0016
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remember
Earl Rounds, a ` ,
civil deputy. -: t r New 1
Rounds was
killed
Wednesday
morning when Impro
a semitrailer
crashed into c
his car on U.S. - 0l 1110
85,north of
Greeley. 100 pc
sal BY MIKE PETI
TO HELP peters®agreeleyt
More than
The Tribune
Community Dr. Doug Arrr
Crisis Fund is crude Styrofo
pellets were u
set up to help
people in need. during cancer
An old radi
Donations for
was located i
the Rounds
family may be hospital, and i
sent to the ners or MRI
Community ` diagnose turn(
m cm� On a tour I
Foundation,
7118th Ave., ay CHRIS SINCLAIR/sinclair®9reeleytrib.com orado Medics
Institute, Art
Greeley,CO gone are the
80631.The gifts Friends remember 'sweetheart of a man' at vigil lead."The ma
de tat- g
deductible and amazing,"he .
supervised by BY MIKE PETERS each other Wednesday night, silently say- when a semitrailer crashed into his car on For Susie
the fund's peters@greeleytrib.com ing a prayer, holding a vigil for their com- U.S. 85, north of Greeley. vivor, the nel,
board. For rade. He died instantly ment of "mor
more In a warm, quiet conference room in Rounds, 66, of Greeley, a disabled sher- In 1979, Rounds began working in the the patients.
information, the back corridors of the Weld County iff's deputy who was the sole support of his Weld County Jail in the master control area, Nancy Cla
call 304-9970. Sheriff's Office, 30 of William "Earl" disabled wife and I1-year-old adopted office of the
Rounds' friends passed a candle flame to daughter, was killed Wednesday morning SEE VIGIL, PAGE Al2 ety, calls the
and nomfnrtal
•Al2 TRIBUNE Thursd
Woman may Deputies: New intersection just as dangerous RV c;
pursue civil VIGIL He _ , . /, Weld A St. D e,ee 1 fire;
} 3 -; ,E County
case against FROM PAGE AlAI - ; sheriff's Site�offatal jA Qc.eel in cri
accident �'�
1i deputies ` '
where the jail areas are mon- s ,. r --:_ Bill It 'mood °ee^'
NBA star itored on video screens. He A J�4 Spalding, es cond
worked there for 10 years and tl left,and
then, in 2001,he began work- n 1 Ben
BRYANT ing part time as a civil deputy, 4 Rushing { ' EXPLOSI
serving civil court orders for . look at 0 St. ... l $ __ _
FROM PAGE Al the Weld County Sheriff's i 4 "k the FROM PAGI
Office.
higher standard of proof to s t �' s wreckage r {�
Rounds was working at the i ; ' ,.' after NI Greeley pulled into I
convict—beyond a reasonable t
doubt — and punishment A t can time of the accident,driving s fellow SANDRA MACHUCAIsmacbuce@greeleytribwm at 6 p.m. to
P sheriff's office car, when the ` f `' „ and witness
involve prison time. A civil 2 sheriff's sheriff's office chaplains. blaze.
driver of the semi turned on a P
case has a lower standard of office They went to Rounds' home "Opposite
proof — a preponderance of U.S. 85 and crashed through _� _ _ w employee
evidence
P P the driver's door of Rounds' r ..v.-----2 Earl to tell his wife of her hus- RV filling u
evidence—and punishment is car. - Rounds band's death. said. "Whei
usually a monetary award. r'3 Southbound traffic on U.S. replaced th
The accident occurred at P
"This young woman is not was killed 85 was detoured for more spraying ba
oin away. Whether it pro- 11:45 a.m. at the intersection r
going of the 11th Avenue exit off when a than an hour as wreckers backed awa'
coeds criminally or civilly or R (._ cf. semitrail- came to tow away the vehi-s side of the I
both,justice is going to be had U.S. 85. That exit off U.S. 85 er hit his
for this young woman," Clune was developed a few years - '�r�, - �'� car. Iles and the Weld County up inflame:
ago to eliminate the danger- coroner arrived to take cus- The RV t
said. The woman's other ous intersection of U.S. 85 DARIN MCGREG0R/mcgregor@greeleytrib.com tody of the body. An autopsy as did the
lawyer,L. Lin Wood, said deci- and O Street. Some deputies four months left in the year, resulting in death.No alcohol to determine the exact cause gasoline pw
sions on how to proceed at the scene Wednesday said Weld already has surpassed or drugs were involved in the of death will be performed "As soon
should be made in a matter of the new intersection is just as last year's total. accident. Johnson was driv- today. of the RV c;
days. dangerous as the intersection "Earl was a sweetheart of a ing a truck for Bucklen Enter- At the Wednesday night I thought al
Bryant, 25, has pleaded not it replaced. man," Spalding said of his prises of Greeley. vigil, a collection of field and get my car,
guilty to felony sexual assault, Shortly after the accident, friend. "We would joke with The truck was northbound jail deputies, clerks and high- canopy bef
saying he had consensual sex several law officers and each other every day. Now on U.S. 85, turned left across ranking officers told stories said.
with the woman at a Vail-area friends of Rounds gathered. I've got an entire office staff the intersection and struck of Rounds, his jokes, his per- Soon aftt
resort last summer. I£convict- "What is going on with Weld in tears." the southbound sheriff's car. sonality. Led by sheriff's a series of
he faces four years to life in County?" questioned Sher- The driver of the semi The car was pushed across chaplain Arnie Strayer, the tered debrie
pris
on or 20 years to life on iff's supervisor Bill Spalding. truck,Daniel Ray Johnson,31, the intersection and came to group prayed for Rounds' away.
probation, and a fine up to "This is No.63 in Weld Coun- of Pierce was treated at rest against a stop sign. wife and daughter. Accordir
$750,000. ty, and this time it's one of North Colorado Medical Rounds' body was trapped in "He was a hard worker and Penny, Fris
Clune and Wood surprised our own." Center and released. Col- the wreckage,and the car had a good man," Cooke said. an employe
I some legal analysts by appear- "Something like this hurts — pumps abI
The 63rd traffic death in orado State troopers said he to be cut apart to get him out. P P
I ing on network and cable tele- the county pushes the toll far will likely receive a ticket for Sheriff John Cooke was at it's very personal. We're a flames igni
vision shows Wednesday to ahead of last year, when the failure to yield the right-of- the scene soon after the acci- family here. It's a cliche, but Flood, a Lo
discuss their client's concerns total was 33 on this date.With way and careless driving dent and called one of the it's true." was in c
about the upcoming trial,leav- Wednesday
ing Flannigan to insist that the
case is moving forward.
"It may be that he and his
young client don't really know Nwwhere they are going," Scott
Robinson, a Denver defense flnr Ppr1iipfinncl
attorney familiar with the ease.
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