HomeMy WebLinkAbout20031396.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 2, 2003
TAPE #2003-20
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, June 2, 2003, 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 Robert D. Masden, Pro-Tem
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Glenn Vaad
Also present:
Assistant County Attorney, Lee Morrison
Acting Clerk to the Board, Esther E. Gesick
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Vaad moved to approve the minutes of the Board of County Commissioners
meeting of May 28, 2003, as printed. Commissioner Jerke seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings
conducted on May 28, 2003, as follows: 1) A Site Specific Development Plan and Planned Unit
Development Final Plan, PF#1021, REI, LLC. Commissioner Geile seconded the motion, which carried
unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
CONSENT AGENDA: Commissioner Vaad moved to approve the consent agenda as printed.
Commissioner Masden seconded the motion, and it carried unanimously.
PRESENTATIONS:
CERTIFICATE OF RECOGNITION TO WELD COUNTY GOVERNMENT FOR PARTICIPATION IN THE
CHAMBER DIVERSITY PROGRAM-GREELEY WELD CHAMBER OF COMMERCE:Tim Tracy, Greeley
Weld Chamber of Commerce, stated the Diversity Program was started several years ago to promote
inclusion of all peoples in the businesses of Weld County. Bert Ballard, Greeley Weld Chamber of
Commerce, presented the Board with a certificate of recognition for participating in the Chamber Diversity
Program. Commissioner Geile thanked the Chamber for promoting diversity issues and recognizing the
issue because Weld County is a diverse community. Mr. Tracy stated 11 businesses have already
completed the program, and 21 other businesses are currently in the review process.
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BC0016
PUBLIC INPUT: There was no public input.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $315,203.67
Electronic Transfers - All Funds $1,059,828.87
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Vaad
seconded the motion, which carried unanimously.
OLD BUSINESS:
CONSIDER INTERGOVERNMENTAL AGREEMENT CONCERNING DISTRIBUTION OF SEIZED
PROPERTY AND AUTHORIZE CHAIR TO SIGN-WELD COUNTY DRUG TASK FORCE: Kim Fliethman,
Sheriffs Office, stated this agreement is necessary because the process regarding seized property was
started in early the 1990's and was recently revised under a new seizure law. Mr. Fliethman stated the
Sheriff's Office relies on property seized by the Drug Task Force to cover certain operating costs.
(Switched to Tape#2003-21.) He explained the Federal portion of the budget has been reduced from 75
percent to 25 percent, therefore, the trust funds generated by the Drug Task Force are used to cover
certain capital and operating costs. In response to Commissioner Vaad, Mr. Fliethman stated John
Michaels, from the Windsor Police Department, is Chair of the Drug Task Force. Responding to
Commissioner Jerke, Mr. Fliethman stated the changes are significant regarding prosecuting under State
statute. He stated they only seize property on major cases involving a significant amount of marijuana or
cocaine, etc. He further stated a Federal agency is brought in to document the seizure, which results in
80 percent of the seizure being returned to the Sheriff's Office, rather than only 50 percent under State
processes. Mr. Fliethman stated they are currently using the new regulations and waiting to see how well
it works. Responding to Commissioner Geile, Mr. Fliethman stated the three main agencies which
contribute full-time to the Drug Task Force are Greeley, Evans, and Weld County. Commissioner Vaad
moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Jerke,
the motion carried unanimously.
NEW BUSINESS:
CONSIDER AGREEMENT FOR WELD COUNTY SHERIFF'S OFFICE INMATE ELECTRONIC HOME
MONITORING SERVICES AND AUTHORIZE CHAIR TO SIGN - BI INCORPORATED: Commissioner
Vaad moved to continue said agreement to June 4, 2003, to have Sheriff's Office representative present
to answer questions. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 46 BETWEEN WCRS 31 AND HIGHWAY 60; AND
WCR 70 BETWEEN WCRS 47 AND 49: Frank Hempen, Jr., Director of Department of Public Works,
stated Weld County Road 46 will be closed to replace a four-foot arch prior to a new overlay project. He
further stated Weld County Road 70 will be closed to replace bridge decking, diaphrams and guard rails.
Mr. Hempen stated both roads will be closed on June 9, 2003, for five working days. Commissioner Vaad
moved to approve said temporary closures as recommended by staff. Commissioner Geile seconded the
motion, which carried unanimously.
CONSIDER ACCEPTANCE OF DEED OF DEDICATION FOR WCRS 80 AND 27 AND AUTHORIZE
CHAIR TO SIGN - HILL/LARSON: Mr. Hempen stated on March 12, 2003, the Board approved Change
of Zone#1001 for an eight-lot Minor Subdivision. He stated the Conditions of Approval require a 60-foot
access, and this deed of dedication completes that requirement. Commissioner Vaad moved to accept
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said Deed of Dedication and authorize the Chair to sign. Seconded by Commissioner Geile, the motion
carried unanimously.
CONSIDER ENTRY ON VARIOUS LANDS BY WELD COUNTY VEGETATION MANAGEMENT
SPECIALIST: Ron Broda, Department of Public Works, stated notices were sent to the property owners
in accordance with State statute and Weld County Code requirements. He stated approval of this request
will allow staff to enter onto the specified properties following 10 days notice. Mr. Broda stated this is in
preparation for entry if needed, but several property owners have already brought their sites into
compliance. Responding to Commissioner Geile, Mr. Broda stated there is a verbal agreement with Union
Pacific to do the maintenance along the properties. Commissioner Vaad stated he toured the properties
last week, and entry is not necessary until complaints are received from surrounding property owners, and
he commended staff for their efforts. Commissioner Vaad moved to approve said entry request.
Commissioner Masden seconded the motion, which carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF
A PORTION OF WCR 29 RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - ROBERT AND JOAN
TAUER: Don Carroll, Department of Public Works, stated this agreement is a Condition of Approval for
a Recorded Exemption. He stated Robert and Joan Tauer will extend Weld County Road 29, south of
Weld County Road 6, for one-half-mile using 30 feet of right-of-way in Section 28. Mr. Carroll stated the
surrounding property owners have been notified of the proposal and no one indicated any concerns. No
public testimony was offered concerning this matter. Commissioner Geile moved to approve said
agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner Vaad,
carried unanimously.
CONSIDER CONTRACT FOR UPGRADING HIGHWAY/RAILROAD GRADE CROSSING WARNING
DEVICES AT WCR 13 UNDER FEDERAL SECTION 130 PROGRAM AND AUTHORIZE CHAIR TO SIGN
-GREAT WESTERN RAILWAY OF COLORADO, LLC: Mr. Hempen stated under this contract the County
will use Federal grant money to upgrade the Great Western Railroad crossing at Weld County Road 13,
south of Johnstown. He stated the application was submitted several years ago, and they are now ready
to begin the upgrade process in conjunction with improvements to the roadway and intersection. Mr.
Hempen stated a Stop sign will be replaced with railroad crossing arms, and the grade of the road and
tracks will be smoothed using $164,000 in Federal grant funds. In response to Commissioner Vaad, Mr.
Hempen stated the grade of the track and roadway is currently being reviewed by Great Western Railway,
and it will cost approximately$40,000 to change the tracks, which will be covered by Weld County Capital
Improvement Plan funds for highway improvements. Responding to Commissioner Geile, Mr. Hempen
stated Great Western Railway has no financial obligation in this project. Commissioner Masden moved
to approve said contract and authorize the Chair to sign. The motion was seconded by Commissioner
Geile, and it carried unanimously.
CONSIDER APPROVING FORM OF STANDARD AGREEMENT FOR ACCESS TO CLERK AND
RECORDER DATA BASE AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS: Mr.
Warden stated the Clerk and Recorder's Office has a new I-CRIS system, which allows the public to go
directly to the internet to access recorded documents. He stated this is a standard agreement which will
be used primarily by title companies to access information. In response to Commissioner Geile, Mr.
Warden stated the general public will be able to view documents, but only title companies which have
entered into one of these agreements will be able to print information. He stated eventually the process
will allow the public to make credit card payments to purchase copies. However, until that procedure is
established, the public will have to request printed copies and mail in their payment. Responding to
Commissioner Vaad, Mr. Warden reiterated any on-line access will be charged to the purchaser's credit
card. He further stated the County can also charge a convenience fee in addition to the $1.25 copy fee.
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Commissioner Vaad moved to approve said form and authorize the Chair to sign any necessary
documents. Commissioner Jerke seconded the motion, which carried unanimously.
CONSIDER REAPPOINTMENTS TO BOARD OF PUBLIC HEALTH: Commissioner Vaad moved to
reappoint Jennifer Galindo, Syl Manlove, and Leo Weaver to the Board of Public Health, with terms to
expire May 23, 2006. Commissioner Geile seconded the motion, which carried unanimously.
FINAL READING OF CODE ORDINANCE #2003-4, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, ARTICLES 1 THROUGH 12 OF CHAPTER 3, PERSONNEL, OF
THE WELD COUNTY CODE: Commissioner Vaad moved to read Code Ordinance#2003-4 by title only.
Commissioner Geile seconded the motion,which carried unanimously. Mr. Morrison read said title for the
record. Mr. Warden stated the proposed changes address the definition of employee relatives, they
remove the domestic partner issue, and clarify that employees may not supervise a spouse or family
member. He further stated the changes also clarify rates for working after retirement and proper conduct
in the work place,and they address work place violence and harassment,searching employee possessions
when being used for County business, and the definition of relatives in relation to bereavement leave. No
public testimony was offered concerning this matter. Commissioner Vaad moved to approve Code
Ordinance #2003-4 on final reading. Commissioner Jerke seconded the motion, which carried
unanimously.
FINAL READING OF CODE ORDINANCE#2003-5, IN THE MATTER OF ENACTING ARTICLE VIII OF
CHAPTER 8, PUBLIC WORKS, OF THE WELD COUNTY CODE: Commissioner Masden moved to read
Code Ordinance #2003-5 by title only. Commissioner Geile seconded the motion, which carried
unanimously. Mr. Morrison read said title for the record. Commissioner Vaad explained this Ordinance
will incorporate the effects of the 1-25 Corridor Study Plan on the limited amount of Weld County that is one
mile on both sides of 1-25 near State Highway 56. No public testimony was offered concerning this matter.
Commissioner Vaad moved to approve Code Ordinance#2003-5 on final reading. Commissioner Geile
seconded the motion, which carried unanimously.
HEALTH:
CONSIDER AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST T-BIRDS SPORTS BAR AND GRILL FOR VIOLATION OF HEALTH REGULATIONS:
Char Davis, Department of Public Health and Environment, gave a brief description of the location of the
site and read the Retail Food Service Establishment definition for the record. She stated the Weld County
Department of Public Health and Environment has been authorized by the State Health Department to
license food service establishments, and they currently inspect approximately 650 sites. Ms. Davis stated
staff attempted to collect payment for the license on this establishment, and she gave a brief review of the
case summary. She stated the establishment owner has made no attempt to respond. In response to
Commissioner Vaad, Mr. Morrison stated the file does contain evidence of certified mail receipt.
In response to Commissioner Geile, Dan Park, Department of Public Health and Environment, stated the
file indicates the business owner, Rory Nice, resides in Colorado Springs, the establishment is still
operating, and this is an incorporated business. Responding to Commissioner Jerke, Mr. Morrison stated
the Board of Commissioners also sits as the Board of Health. He stated the advisory Board of Health does
not possess statutory powers under the Home Rule Charter. Responding to Commissioner Vaad, Steve
Meier,Weld County Department of Public Health and Environment,stated he did conduct a food inspection
on April 2, 2003. He spoke with the cook and a waitress to discuss a service violation. Mr. Meier stated
the owner was not present, and the issue of nonpayment was not discussed. Responding further to
Commissioner Vaad, Ms. Davis stated the license fee is$125.00,and this establishment is being assessed
a$250 civil penalty. In response to Chair Long, Ms. Davis stated, including the operation of this business,
the Department has approximately 650 licensed establishments, and they are having difficulty collecting
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license fees from six different business owners. Mr. Morrison stated the Department of Public Health and
Environment can assess civil penalties, and since that amount has not been paid, he requested the Draft
Resolution be amended to authorize the County Attorney to collect the license fee, as well as the civil
penalty. No public testimony was offered concerning this matter. Commissioner Jerke moved to authorize
the County Attorney to proceed with legal action against the T-Birds Sports Bar and Grill for violation of
Weld County Health Regulations and to act as the collecting agent for license fees and civil penalties.
Commissioner Masden seconded the motion. Commissioner Vaad stated he supports the motion;
however, he requested the County Attorney not assess the civil penalty if the business owner pays the
appropriate license fee. Mr. Morrison stated $250 is the minimum civil penalty amount, and he requested
the Board specify the length of delay before a penalty is assessed. Commissioner Jerke commented the
cost has likely already been surpassed in the amount of staff time spent on this matter. Commissioner
Geile concurred and stated the business owner received adequate notice prior to the penalties being
assessed by Health Department staff. There being no further discussion,the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Code Ordinances#2003-4 and #2003-5 were approved on final 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
1, WE COUNTY, COLORADO
ATTEST:
D id . Lon , Chair
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Weld County Clerk to the rd
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`� Robert D. Ma en, Pro-Tem
BY: �.
Deputy Clerk to the Board
M. J. eile
William H. erke
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Glenn Vaad
Minutes, June 2, 2003 2003-1396
Page 5 BC0016
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