HomeMy WebLinkAbout20012478 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 29, 2001
TAPE #2001-36
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 29, 2001, 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 M. J. Geile, Chair
Commissioner Glenn Vaad, Pro-Tern
Commissioner William H. Jerke
Commissioner David E. Long
Commissioner Robert D. Masden
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther E. Gesick
Director of Finance and Administration, Donald D. Warden
READ ORDINANCE BY TAPE:
MINUTES: Commissioner Vaad moved to approve the minutes of the Board of County Commissioners
meeting of August 27, 2001, as printed. Commissioner Long seconded the motion, and it carried
unanimously.
ADDITIONS TO AGENDA: Mr. Barker recommended deleting the following from the agenda: HEALTH:
1) Consider Authorization of Weld County Attorney to Proceed with Legal Action Against Brad Ellins, dba
JBS Sports Center,for Violations of the Colorado Retail Food Establishment Rules and Regulations [2001-
2448]. He stated JBS Sports Center has paid the necessary fees and is now in compliance.
Commissioner Vaad moved to delete the Health portion from the Agenda. Commissioner Masden
seconded the motion, which carried unanimously.
CONSENT AGENDA: Commissioner Vaad moved to approve the consent agenda as printed.
Commissioner Masden seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, SHERIFF'S OFFICE - IRENE LUCERO: Chair Geile read a certificate
recognizing Irene Lucero for more than eight years of service in the Weld County Sheriff's Office. Ed
Jordan,Weld County Sheriff, presented Ms. Lucero with a pin and stated he has known her for many years
because they went through basic training together, and he really appreciates all she has done.
2001-2478
BC0016
RECOGNITION OF SERVICES, FIVE LETTERS OF APPRECIATION RE: COPS AND KIDS
RENDEZVOUS - TALLOW RIVER TRAPPERS, RICK MORRIS, BILL WIEMERS, LARRY
HERGENREDER PORTABLE WELDING, AND DON HUGGANS: Sheriff Jordan read the letters
recognizing the efforts of Tallow River Trappers and Rick Morris at the Cops and Kids Rendezvous, neither
was present. Ken Poncelow, Sheriff's Office, stated the Board approved a grant in May and the funds
have been used by Community Resource Officers who spend time with children in the various
communities. He stated the program has been very successful providing safer parks and positive role
models. Mr. Poncelow stated one of the individuals being recognized assisted in an event held at Hill-N-
Park. He stated the community spent time with the officers and contributed to the events. Bill Weimers
and Don Huggins were present to accept their awards. (Clerk's Note: Meeting recessed due to a fire
alarm.) Upon reconvening, Chair Geile read the letter recognizing Larry Hergenreder, who was not
present.
RECOGNITION OF SERVICES, AREA AGENCY ON AGING - JOHN CRUZ: Chair Geile read the
certificate recognizing John Cruz for three years on the Area Agency on Aging. Mr. Cruz was not present.
RECOGNITION OF SERVICES, 911 EMERGENCY TELEPHONE AUTHORITY BOARD - GARY
PAXTON: Chair Geile read the certificate recognizing Gary Paxton for one year of service on the 911
Emergency Telephone Authority Board. Mr. Paxton was not present.
RECOGNITION OF SERVICES, COMMUNITY CORRECTIONS BOARD-SYLVIA MCWILLIAMS: Chair
Geile read the certificate recognizing Sylvia McWilliams for seven years of service on the Community
Corrections Board. Ms. McWilliams was present, and Chair Geile commented there are many paid and
volunteer professionals giving their time to this area of work. Ms. McWilliams stated she wishes she could
serve on this Board longer and she hopes the members of the public and the public representatives will
become more aware of the need for this type of Board. She explained that due to increased crime with
computers, there is a need for more varied types of punishment. She stated this Board will grow due to
the capacity of the judicial system.
RECOGNITION OF SERVICES, PLANNING COMMISSION-JACK EPPLE,ARLAN MARRS:Chair Geile
read the certificate recognizing Jack Epple for seven years of service on the Planning Commission. Mr.
Epple was present and Chair Geile stated a position on the Planning Commission requires a significant
amount of time and effort considering the increased amount of development in the area. He stated the
Board appreciates the comments and recommendations made by the Planning Commission in making a
determination on the various land use matter. Commissioner Vaad commented he served on the Planning
Commission with Mr. Epple and Arlan Marrs, and he appreciates their assistance and perspective. Chair
Geile read the certificate recognizing Arlan Marrs for six years of service on the Planning Commission.
He stated Mr. Marrs has given a great deal of time and effort and thanked him for his work. Commissioner
Vaad commented Mr. Marrs helped him on the PC and thanks for his time and efforts to the citizens of
Weld County.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
PUBLIC INPUT: There was no public input.
Minutes, August 29, 2001 2001-2478
Page 2 BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $66,395.54
Electronic Transfers - All Funds $2,258,054.08
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Long
seconded the motion, which carried unanimously.
BIDS:
PRESENT MOWER BID - PEST AND WEED DEPARTMENT: Pat Persichino, Director of General
Services, presented the two bids received. He explained the mower was involved in a traffic accident and
needs to be replaced. He stated Bi-State Machinery did not meet specifications and he recommends
approval of the bid from Longs Peak Equipment on an emergency basis. Commissioner Vaad moved to
approve said bid on an emergency basis as recommended by staff. Commissioner Jerke seconded the
motion. In response to Commissioner Vaad, Mr. Persichino stated the County employee's condition is
improving,and because the other motorist was uninsured,they will be seeking reimbursement. The motion
carried unanimously.
PRESENT 100,000 LB HYDRAULIC WINCH - DEPARTMENT OF PUBLIC WORKS: Mr. Persichino
presented the three bids received. Said bids will be considered for approval on Wednesday,
September 12,2001. In response to Commissioner Vaad,Mr. Persichino stated he will check to find where
the winch will be located.
PRESENT NORTH JAIL EXPANSION BID - DEPARTMENT OF GENERAL SERVICES: Mr. Persichino
presented the nine bids received. Said bids will be considered on Wednesday, September 12, 2001. In
response to Commissioner Vaad, Mr. Persichino stated each of the vendors were pre-qualified a month
ago and opened the bids last Thursday.
APPROVE DELINQUENT TAX LIST ADVERTISEMENT - TREASURER'S OFFICE: Mr. Persichino
recommended the approval of the sole bid received from the Greeley Tribune. He explained the Tribune
is the only newspaper that can handle the production of the report. In response to Chair Geile, Mr.
Persichino stated the delinquent tax list totaled approximately $11,000.00. Commissioner Vaad moved
to approve said bid as recommended by staff. Commissioner Jerke seconded the motion, which carried
unanimously.
NEW BUSINESS:
CONSIDER APPLICATION FOR A TEMPORARY ASSEMBLY OF MORE THAN 350 PERSONS ON
SEPTEMBER 15, 2001 - AMERICAN CANCER SOCIETY: Bruce Barker, County Attorney, stated the
American Cancer Society submits this application on an annual basis, he has reviewed all of the materials
for the event to be held on September 15, 2001, and he recommends approval. Commissioner Jerke
stated this is a routine request and suggested the application process be waived. Mr. Barker stated the
applicant usually copies the paperwork from the previous year and makes needed changes for the current
event. Esther Gesick, Deputy Clerk to the Board, stated due the nature of the event, the Temporary
Assembly is done in conjunction with a Special Events permit,which must receive approval and signature
by the Board each year and then forwarded to the Colorado Department of Revenue, Liquor Enforcement
Division for approval. Commissioner Vaad commented he is willing to consider waiving the annual fee;
however, that matter will need to be discussed in a work session. Commission Vaad moved to approve
said application. Commissioner Masden seconded the motion, which carried unanimously.
Minutes, August 29, 2001 2001-2478
Page 3 BC0016
CONSIDER APPLICATION FOR SPECIAL EVENTS PERMIT AND AUTHORIZE CHAIR TO SIGN -
AMERICAN CANCER SOCIETY, ROCKY MOUNTAIN DIVISION: Mr. Barker stated this request is being
proposed in conjunction with the preceding item of business. Commissioner Vaad moved to approve said
application and authorize the Chair to sign. Commissioner Long seconded the motion, which carried
unanimously.
CONSIDER STATEMENT OF GRANT AWARD AND CERTIFICATION OF COMPLIANCE WITH
REGULATIONS FOR JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT AND AUTHORIZE
CHAIR TO SIGN: Ken Poncelow, Weld County Sheriff's Office, stated the Board approved the grant
application for the Juvenile Accountability Incentive Block Grant several months ago. He stated a grant
in the amount of$111,000.00 has been awarded,the County is responsible for matching 11 percent of the
funds, and the remaining funds will be a soft-dollar match from Partners. Commissioner Long seconded
the motion, which carried unanimously. Commissioner Masden seconded the motion, which carried
unanimously.
CONSIDER RESOLUTION RE: APPROVE DESIGNATION OF BANKS, SAVING BANKS AND PUBLIC
ASSET POOLS AS DEPOSITORIES FOR WELD COUNTY FUNDS: Art Willis,Weld County Treasurer,
requested an amendment to recognize name changes of several banks that the County has funds in or
recognize ownership changes. He stated there are several new banks that need to be added, and he is
seeking approval to deposit funds into new money market accounts. Mr. Willis stated he has examined
the various reports and filings, as well as the proposed banks, all of which meet statutory requirements.
In response to Commissioner Jerke, Mr. Willis stated he is required to give priority to Weld County banks;
however, if funds are placed in a local depository, there is no guarantee that once the funds are pooled
with other funds, that they will be lent out locally. He explained most do provide loans to the local area,
and he does avoid those which are not as likely to do local loans. Responding to Commissioner Vaad, Mr.
Willis stated all of the CD's that are currently invested on County reserve funds are in excess of
$100,000.00. It is required by law that any bank receiving public funds, collateralize those funds with
specific treasury instruments to the extent of 102 percent. He explained rather than being insured by the
FDIC, institutional funds are collateralized with government securities. He further stated the funds are
backed or collateralized by U.S. instruments or U.S. agency instruments. Mr.Willis stated those agencies
are required by law to maintain documentation. Chair Geile read Section 30-10-798,C.R.S.,for the record,
which indicates investments need to be approved by the Board of Commissioners, with the exception of
a CD. He expressed concern with the Treasurer not acting in a timely manner in bringing this request to
the Board, which could result in the County being liable for the loss of County funds. Mr. Willis stated
some of the banks that he is proposing to add do not currently have County funds in them, thus he feels
this request is pro-active, and they will be available if necessary. He further stated an investment in any
bank is required to be collateralized to protect the principal of funds. Mr. Willis stated he assumed they
were approved by the Board, and they were overlooked; however, he does not feel this oversight exposed
the County to any loss of principal. He stated the County is protected by State statute, as well as the
individual practices of each bank and its personnel. Mr.Willis stated he asks for,and reviews,Call Reports
to be certain of each bank's ratings, and gives a bank a grade based on its financial position. He stated
publicfunds cannot be invested unless a bank pledges the appropriate collateral,and although this request
was not brought before the Board prior to investing the funds, he feels the institutions are adequate. He
explained funds were placed in well established banks on two occasions without prior approval by the
Board; however, it is his understanding that the deposits were secured and they are earning a fair return.
Chair Geile indicated the State statute is very clear on the fact that the Board must approve investments
prior to a deposit, regardless of whether the liability issue is covered by the individual collateral of the
banks. Commissioner Vaad commented the funds were likely safe; however, because of liability issues
he wants to ensure the funds are safely invested. Mr. Willis stated the Board is not familiar with how to
review a call report for a bank, and he feels approval of a bank through a Resolution is not adequate to
ensure the protection of the funds. He stated his recommendation and the investments he has made are
Minutes, August 29, 2001 2001-2478
Page 4 BC0016
secure and supported. He admitted to placing funds in the Cache Bank and Weld County Bank prior to
approval from the Board; however, he has the call reports on file which have been reviewed. He stated
he personally examined Money Market Accounts,ADV reports, and Securities and Exchange reports prior
to placing any funds in any of the depositories. He further stated he did bring the original CD's for all but
two banks to the Board prior to investing. He explained the names and ownership have changed. Chair
Geile read the five banks that are being requested for approval, which should have been brought to the
Board for approval prior to investing. Mr. Willis stated currently there are no funds in New Frontier Bank,
US Bank, or Community First National. Chair Geile commented the Treasurer needs to bring this matter
before the Board for approval in a timely manner to avoid the potential for exposure. Commissioner Jerke
moved to approve said Resolution. Commissioner Vaad seconded the motion,which carried unanimously.
PLANNING:
CONSIDER RECORDED EXEMPTION#3102-MICHAEL COAN: Lauren Light,Weld County Department
of Planning Services, stated this and the following items are being presented to the Board as informational
items only. She gave a brief description of the locations of both parcels, which are 80 acres each. Ms.
Light stated the applicant's wife previously submitted three Recorded Exemption applications for parcels
which are located nearby and were approved in January, March and April 2001. She stated staff is
concerned with the overall impact created by the Recorded Exemptions. She stated the Recorded
Exemption process does not require notifying the public, whereas a Subdivision process would allow for
public input and testimony. Ms. Light stated staff recommends approval of this and the following item of
business, because technically they have met all of the requirements; however, they wanted to make the
Board aware of the situation. In response to Commissioner Vaad, Ms. Light stated staff is concerned with
the potential for evasion of the Subdivision Process, and with the cumulative effects of these various
proposals. She stated due to the time allowances and when the various properties were conveyed, the
issue of whether they are adjacent does not apply. She further stated this and the following item meet the
intent of the code, staff just wanted to show the Board what types of cases are being considered. In
response to Commissioner Vaad, Ms. Light stated these issues may need to be reviewed in a quarterly
work session setting rather than presenting them to the Board on an individual basis in a Board meeting.
In response to Chair Geile, Michael Coan stated he had no additional comments.
Mr. Barker explained under the current process, the Planner must find adequate reason for denial before
the Board has jurisdiction over the matter. He stated if staff cannot find an issue of noncompliance with
the regulations, then the matter needs to be dealt with by the Department of Planning Services on an
administrative basis. In response to Commissioner Jerke, Mr. Coan stated there are Stop signs on Weld
County Road 8 because Road 63 is a through road. Commission Vaad moved to refer the request of
Michael Coan for Recorded Exemption#3102 back to the Department of Planning Services for review and
determination. Commissioner Long seconded the motion, which carried unanimously.
CONSIDER RECORDED EXEMPTION #3103 - MICHAEL COAN: Commissioner Long moved to refer
the request of Michael Coan for Recorded Exemption#3103 back to the Department of Planning Services
for review and determination. Commissioner Vaad seconded the motion,which carried unanimously. Mr.
Coan stated he understands staff's concerns and he appreciates that they are doing their job and following
the rules and regulations.
CONSIDER RECORDED EXEMPTION #3108 - STEPHEN AND JOANN CECIL: Ms. Light gave a brief
description of the location of the site, and stated the applicant is proposing to split the property into two
parcels which will be 6 and 74 acres in size. She stated the site is designated as "prime if irrigated," and
the property is currently sprinkler-irrigated. Ms. Light stated approval of this proposal will separate a
portion of the sprinkler-irrigated land from the remaining irrigated area, and reduce the adjacent parcels
for viable agricultural production. She stated a Recorded Exemption located to the west was approved in
1995, and staff suggested the applicant amend the prior Recorded Exemption to include the currently
Minutes, August 29, 2001 2001-2478
Page 5 BC0016
proposed 80-acre parcel. She stated the prior Recorded Exemption would be amended to create three
lots. Lot A would remain the same, Lot B would be six acres, and Lot C would consist of 140 acres,which
would preserve the prime agricultural land. In response to Commissioner Vaad, Ms. Light indicated the
location of the boundaries of the old Recorded Exemption. She stated if amended there would be a total
of three lots; however, if this request is approved, there will be a total of four lots.
Wayne Howard represented the applicants and stated Steven and Joan Cecil applied for the previous
Recorded Exemption five years ago,which split the overall property into two 80-acre parcels. He explained
the applicants would like to build a new house on the proposed parcel, not subdivide the land for sale. He
stated after review of staff's proposal, the applicants feel the plan would not resolve the issues because
a small portion would still cut into the irrigated portion of the property. Mr. Howard stated the applicants
put the sprinkler system in,and through his own conservation practices has conserved runoff water. They
intend to maximize the highest and best use of the land. In response to Commissioner Vaad, Mr. Howard
indicated the location of the half-circle sprinkler system, and stated the new house would be constructed
on the hill, which is suited for a house rather than crops. He further stated the applicant could currently
sell any of the 80-acre parcels without approval of this request. Responding to Commissioner Jerke, Mr.
Howard stated the applicants own most of the surrounding land located to the west, east and south.
Responding to Commissioner Vaad, Mr. Howard stated he and the applicants have reviewed the
Conditions of Approval; however, the purpose of Condition of Approval#3.A is unclear. Ms. Light stated
the Condition was added to include the small portion in the northwest corner that is not part of the irrigated
land. Mr. Howard explained the applicants feel that portion needs to remain as part of the irrigated portion
because that is where the drainage area is located and would not fit with the house portion.
Steve Cecil, applicant, stated the sprinkler does hit that area and it is part of the natural irrigation system
which serves his other sprinkler system. In response to Commissioner Vaad, Ms. Light stated there is
potential for future development on that small strip of land.
Commissioner Jerke moved to approve the request of Steven and Joan Cecil, with the Conditions of
Approval as proposed by staff. His motion also included the deletion of Condition of Approval #3.A and
to renumber as appropriate. Commissioner Long seconded the motion, which 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.
Minutes, August 29, 2001 2001-2478
Page 6 BC0016
There being no further business, this meeting was adjourned at 10:30 a.m.
BOARD OF COUNTY COMMISSIONERS
�J ���� WELD✓ C NTY, COLORADO
ATTEST: „�,{�/� i ar� //, QV—)
"^^" e‘g EL M. J Geile, C it
Weld County Clerk to the Boar. -
D 1861 14V ffz� Glenn Vaad, Tem
BY: g'.->‘
Deputy Clerk to the Board \ b r //
l Wil . H. Jerke
avid E. Long N
Robert D. Masden
Minutes, August 29, 2001 2001-2478
Page 7 BC0016
Hello