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Home My WebLink About940522.tiff RESOLUTION RE: ADOPT AMENDED GENERAL ADMINISTRATION SECTION OF THE WELD COUNTY ADMINISTRATIVE MANUAL AND INCORPORATE INTO SAID MANUAL WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Director of Finance and Administration has prepared and presented to the Board of County Commissioners the amended and restated General Administration Section of the Weld County Administrative Manual, as attached hereto and incorporated herein by reference, and WHEREAS, the Board of County Commissioners deems it advisable to adopt the amended General Administration Section of the Weld County Administrative Manual and further, to incorporate the amended and restated section into said manual. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the amended General Administration Section be, and hereby is, adopted. BE IT FURTHER RESOLVED by the Board that said General Administration Section shall be incorporated into the Weld County Administrative Manual and published by the Director of Finance and Administration for dissemination to all County Departments. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of June, A.D. , 1994. � / fi BOARD OF COUNTY COMMISSIONERS ATTEST: • /l WELD COUNTY, COLORADO Weld County Clerk to the Board /' W H. -We st r, airm n BY:/ �.S i ^12_ ,- Deputy Clerk to the Boar.$—_ck, Da , o- em APPROVED AS TO FORM: c,� C . Geoo E. Baxter ounty Atto •n Constance L. Harbert mss_ _ ./ „iLi`t. , Barbara J. Kirkme r 940522 PEOO/ POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT TABLE OF CONTENTS DATE June 6, 1992 PAGE 1 TABLE OF CONTENTS Page BOARD OF COMMISSIONERS - GENERAL PROCEDURES: Board Procedures 3 Work Sessions 9 Designation of Departments for Commissioner Coordinator 11 Board and Commission Appointments 12 Authorizations 14 Procedure for Charter Petition 15 Expediting the First Reading of Ordinances 17 Notification Procedure for Emergency Incidents 18 BOARD OF COMMISSIONERS - GENERAL POLICIES: Press Release Policy 19 Lobbying Policy 20 Contracts and Ordinances 22 Legal Opinions 25 Publication of Annual Reports 26 Dimension Standards for Letter Size Mail 27 County Property 29 Mineral Leasing Policy 34 Mineral Leasing Policy Concerning Extensions 35 Suspension of Operations on Uneconomical Oil and Gas Wells . . . 36 Industrial Revenue Bonds 37 Permits, Regulations, Fees 43 Authority to Invest in Government Securities 46 Use of Conservation Trust Funds 47 Regulating Activities in Parks Owned by Weld County 48 Official Recognition and Proclamations of Special Events, Causes, and Celebrations 54 Policy for Accepting Individuals Sentenced from Other Jurisdictions Into the Work Release Program 55 Policy Concerning Election Charges 57 Policy Concerning Recycling 58 940522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT TABLE OF CONTENTS DATE June 6, 1992 PAGE 2 Page PLANNING/ZONING MATTERS: Applications for Land Use for Property Previously Denied . . . . 59 Planning Matters with Less than Full Board Present 61 Policy on Collateral for Improvements 62 Procedure for Requesting Pre-Advertising on Land Use Applications 68 Land Use Packets 70 Record of Land Use Hearings 71 HEARINGS - GENERAL: Appeals Process 72 Guidelines for the Refusal to Renew A Liquor License 73 Policy on 45-Day Waiver Pursuant to the Colorado Beer and Liquor Code 76 Procedure for Probable Cause Hearings 77 General Procedures for Adjudicatory-Type Hearings 79 Procedure for Hearing of Petitions for Tax Refund or Abatement 85 Assessment Arbitration Rules and Procedures 86 EMPLOYEE/BENEFIT MATTERS: AIDS Policy 90 Employee Car Pooling 95 Collect Calls by Employees to Centennial Center 96 Reimbursement Policy for Damage Incurred During Emergency, • Disaster, or Search and Rescue Situations 97 Compensation to Individuals for Losses Associated with Animals and Equipment while in Volunteer Capacity 98 Emergency Closing Procedure 99 Smoking in Buildings & Vehicles Under the Control of Weld County 100 ROAD AND BRIDGE POLICIES: Road and Bridge Policies 101 Fugitive Dust Control on Weld County Roads 108 Procedures Regarding Survey Monuments 110 Policy Regarding Temporary Closure of Weld County Roads 112 940522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT BOARD PROCEDURES DATE March 23, 1992 PAGE 3 BOARD PROCEDURES CONDUCT OF MEETINGS 1. The Board of County Commissioners shall conduct two weekly board meetings, on Monday and Wednesday of each week to commence at 9:00 A.M. A. A regular meeting may be cancelled, however, by resolution of the board passed and publicly announced at least ten (10) days prior to the cancelled meeting date. B. Special meetings shall be called by the Clerk upon the written request of the Chairman or of any three (3) members of the board. Each member of the board shall be provided at least twenty-four hours written notice of such meeting, served personally or left at each members usual place of residence. However, a special meeting called as herein provided may be held on shorter notice if all members of the board are present and have waived notice thereof in writing. A copy of the notice of a special meeting shall be posted in a conspicuous place in the Office of the board at the time such notice is given to members of the board. No business shall be transacted at a special meeting unless the same has been stated in the notice of such meeting. C. In the event that a legal holiday should fall on a Monday or Wednesday, there shall be no need to declare a cancellation of said meeting. 2. The Board of County Commissioners shall convene each Monday and Wednesday as the Board of Social Services, in order to meet the requirement of Section 26-1-116(3) CRS, as amended, to keep the Board of Social Services business separate and distinct from other county business. 3. On the fourth Monday of the month, the board shall convene as the Weld County Housing Authority. 940522 POLICIES A N D PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT BOARD PROCEDURES DATE June 6, 1994 PAGE 4 4. Agenda Items. A. Due to the requirements of the Colorado Open Meetings Act, the deadlines for listing items of business on an agenda are as follows: 10:30 a.m. on Friday for Monday's agenda and 2:00 p.m. on Monday for Wednesday's agenda. In the event of a Monday holiday, the deadline for that week's Wednesday agenda is 2:00 p.m. on the previous Friday. B. Agenda items will not be accepted by phone. The original document, along with any pertinent backup material MUST be in the Clerk to the Board's office by the deadline in order to be listed on the Monday or Wednesday agenda. C. Only the Clerk to the Board or the Chairman may authorize the addition of an item to the agenda if there are no objections from another member of the board. If there are objections to the addition, a motion must be made, seconded and passed by a 2/3 majority vote to allow the addition. D. Reports, correspondence, and informational items on matters to be included on board meeting agendas should be sent to the Clerk to the Board. E. On February 25, 1993, the board approved the addition of an area on regular meeting agendas (both Monday and Wednesday) for public input. The following statement is now on each agenda: "(Each individual is allowed a three minute period of time in which to address the Board of County Commissioners on topics which are not on the board's agenda. Please be aware that the board may not be able to address your topic today. If the board is unable to do so, the matter will either be referred to staff or scheduled for a work session. If you wish to speak regarding issues which are likely to be heard by the board in a public hearing, such as a land use or violation hearing, you will be asked to give your testimony at that hearing, either in person or in writing. Public input on any topic shall be limited to 15 minutes. )" 940522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT BOARD PROCEDURES DATE June 6, 1994 PAGE 5 F. Copies of the agenda and minutes of the regularly scheduled board meetings are available upon request from the Clerk to the Board's Office for a subscription fee of $48.00 per year. 5. Consent Agenda. A. The purpose of the Consent Agenda is to deal with informational items only, such as appointments, communications, reports, and to show when resolutions, contracts, agreements, etc. are being signed. The board acts on the Consent Agenda by either approving it in its entirety or amending it before approval. NOTE: Items of business being added to the regular agenda are NOT considered amendments to the Consent Agenda. If action is desired by the board on a particular item, it should be removed from the Consent Agenda and placed on the regular agenda. B. On February 25, 1993, the board approved the use of a pass-around file for reports and communications listed on the Consent Agenda in order to decrease the number of copies required. Anyone desiring copies of items listed may call the Clerk to the Board's office. C. Anything listed as being signed on the Consent Agenda will be included in the Clerk to the board's computerized index for future reference. D. All resolutions will be listed on the Consent Agenda of the meeting immediately following approval. (This includes items of business that were listed as "New Business" by resolution. ) E. Contracts resulting from bid approvals (or prior approval of contract) will be listed on the Consent Agenda showing the date they were signed. 6. Contracts. A. Resolutions will be done for approval of all contracts and agreements. Approval of a contract or agreement will be listed as an item of "New Business", to authorize the Chairman to sign. The resolution will then be listed on the "Consent Agenda" of the meeting immediately following the date it was approved. 940522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT BOARD PROCEDURES DATE June 6, 1994 PAGE 6 B. Contracts, agreements, leases, etc. needing the signature of a second or third party will not be accepted prior to that signature being obtained. When presented to the Board of County Commissioners, the contract should have SIGNATURES OF ALL OTHER PARTIES. Departmental personnel should obtain the signature of the second party BEFORE sending to the Clerk to the Board's Office, since those not being properly signed will be returned to the concerned department via interoffice mail, thus delaying approval of the contract for several days. EXCEPTIONS TO THIS ARE THE STATE OF COLORADO, CITY OF GREELEY, OR OTHER GOVERNMENTAL ENTITIES. C. Contracts with the State of Colorado or other governmental units: The resolution authorizing the Chairman to sign will be listed on the Consent Agenda on the date immediately following approval. They do not require signature of the second party prior to being presented to the board. D. Contracts resulting from bid approvals: Contracts resulting from bid approvals which need to have signatures do not need to have separate approval or authorization. They will, however, be listed on the Consent Agenda showing the date they were signed. E. Emergency Bid. Approval of any bid prior to the ten-day waiting period shall be done by resolution. F. Attestation Block: The signature block for the Chairman or the five Commissioners MUST be followed by an attestation block for the Clerk to the Board attestation. This block should ALWAYS BE DIRECTLY UNDERNEATH OR TO THE LEFT OF THE CHAIRMAN'S SIGNATURE. There should not be any signatures or verbiage between the attestation block and the signature block. Following are examples of each way it may be done: ******************************************************************************* ATTEST: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk to the Board BY: By: (Name) , Chairman Deputy Clerk to the Board 940522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT BOARD PROCEDURES DATE June 6, 1994 PAGE 7 ******************************************************************************* OTHER BOARD OF COUNTY COMMISSIONERS SIGNATURES WELD COUNTY, COLORADO SUCH AS DEPARTMENT HEAD BY: (Name) , Chairman ATTEST: Weld County Clerk to the Board BY: Deputy Clerk to the Board ******************************************************************************* 1) Please note, "Deputy Clerk to the Board" NOT "Deputy County Clerk". If this is not properly completed, it could result in your documents being returned for correction, which will delay their approval. 7. Commissioners' board meetings shall be conducted by Roberts Rules of Order. 8. On March 24, 1992, the Board of County Commissioners approved the following procedure for disposition of electronically taped recordings of meetings and hearings. State record retention regulations require that taped recordings of board meetings and hearings be retained one year plus the current year. A. At the end of each year, the Clerk to the Board will send a memo to the County Attorney's Office and the Director of Planning Services to identify tapes which are scheduled for disposition. B. The County Attorney's Office and Department of Planning Services will identify any specific tapes or hearings which should be permanently retained due to pending or possible litigation. 44,0522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT BOARD PROCEDURES DATE June 6, 1994 PAGE 8 C. Tapes to be retained will be pulled by Clerk to the Board staff, and a list compiled. D. A work order will be submitted to Building and Grounds for tapes to be destroyed. 940522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT WORK SESSIONS DATE March 23, 1992 PAGE 9 WORK SESSIONS The Board of County Commissioners will hold weekly work sessions each Monday morning, beginning at 10:00 A.M. The work sessions are intended to provide a means of getting specific board direction on items which will eventually require board action or to brief the board concerning problems or alternatives involving items which are soon to be scheduled on regular board meetings. Budgetary concerns and policy questions should also be considered at work sessions. For other types of items, the following alternatives should be used: A. Informational Items: Send in writing to the Commissioners' Office to be routed to the entire board, or schedule a meeting with the Commissioner Coordinator and/or Assistant Coordinator for that area of concern. B. Items Scheduled for Board Meeting: Certain items which do not represent a change in board policy or increase over budgeted levels (some bids, contract or grant renewals, etc. ) can be taken directly to the board meeting, with a brief review at that time. Such items can be reviewed with the Commissioner Coordinator in advance if necessary, who can then relay any concerns to other board members or refer them to work session if warranted. C. Progress Reports/Updates on Programs: Send in writing to the Commissioners' Office. If the Commissioners have any questions, they will request that a work session be scheduled. Work Session/Review Process: In order to facilitate the review/work session process beginning January 1, 1985, the board will schedule work sessions based upon a review/work session request. A form is available from the Commissioners' Office to be used in the process. The board will review requests and schedule those items requiring work sessions. Items not requiring work sessions will be acted on by the board and returned to the department. The Commissioners Secretary will take and disseminate minutes of the work sessions. This process allows the board to target their time to the most relevant issues of the county. In addition, time is freed to schedule comprehensive program and policy reviews of county programs on an on-going basis. 940522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT WORK SESSIONS DATE March 23, 1992 PAGE 10 An Elected Officials' meeting will be held on the second Monday of each month at 10:00 A.M. At 10:00 a.m. on the third Monday of the month, the board will hold a work session as the Weld County Housing Authority. 940522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION DESIGNATION OF DEPARTMENTS FOR SUBJECT COMMISSIONER COORDINATION DATE June 6, 1994 PAGE 11 DESIGNATION OF DEPARTMENTS FOR COMMISSIONER COORDINATION 1. Each of the five major departments shall be coordinated by a Commissioner together with assistance from another Commissioner, both of whom shall be appointed by the board at its first meeting in January each year. The Chairman of the Board of County Commissioners shall be responsible for coordination of the Department of Finance, Central Purchasing, and Personnel. 2. Department of Finance, Central Purchasing and Personnel Central Purchasing Division Personnel Division Finance Division Accounting Division General Services County-wide Communications Contract Services 3. Department of Health Services Health Department Hospital Extension Services Ambulance Service 4. Department of Planning Services Planning and Zoning Department Building Inspection 5. Department of Public Works Road and Bridge Engineering Pest and Weeds 6. Department of Human Services Human Resources Social Services 940522 POLICIES A N D PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT BOARD AND COMMISSION APPOINTMENTS DATE March 23, 1992 PAGE 12 BOARD AND COMMISSION APPOINTMENTS 1. Procedures for appointments of members of any appointive agency, board or commission shall be effected by compliance with the appropriate provisions of the Weld County Home Rule Charter. A. The term of office for a member of any appointive agency, board or commission shall be three years. B. No member of an agency, board or commission shall serve more than two consecutive terms on any one appointive agency, board or commission. C. No one who has served as an elective officer of Weld County shall be appointed to an appointive agency, board or commission until at least one year after leaving office. D. No county officer, employee or member of an appointive board, agency or commission shall have any pecuniary interest in any entity doing business with Weld County if such interest could interfere with the unbiased discharge of his duty to the general public or interfere with his ability to act in the best interest of Weld County. This restriction shall not apply in the instance where the officer, employee's department or member of an appointive agency, board or commission has no direct contact nor any business transactions with such entity. E. Pursuant to the Home Rule Charter of Weld County, the Board of County Commissioners shall determine six geographic areas from which members of boards shall be appointed. 2. The Board of County Commissioners, utilizing school district boundaries, designated by a resolution dated March 27, 1985, the following six districts, which may be altered at the discretion of the board, if deemed necessary: 940522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT BOARD AND COMMISSION APPOINTMENTS DATE March 23, 1992 PAGE 13 District 1: RE-9 Ault, Pierce RE-12 Grover, Hereford RE-11J Raymer, Buckingham District 2: RE-4 Eaton, Galeton RE-2 Windsor RE-10 Briggsdale District 3: RE-6 Evans, Greeley, West of 14th Avenue District 4: RE-6 Evans, Greeley, East of 14th Avenue RE-7 Kersey, Gill, Barnesville District 5: RE-5J Johnstown, Milliken RE-1 Gilcrest, Platteville, LaSalle RE-1J Longmont (Erie, Frederick, Firestone, Dacono) RE-2J Berthoud District 6: RE-3J Roggen, Keenesburg, Hudson RE-50J Masters, Deerfield RE-8 Ft. Lupton RE-27J Brighton RE-20J Weldona 940522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT AUTHORIZATIONS DATE March 23, 1992 PAGE 14 AUTHORIZATIONS 1. The Chairman of the Board of County Commissioners is authorized and directed to sign all legal papers on behalf of the Board of County Commissioners, in and for the County of Weld, or documents wherein the statutes require only the signature of the Chairman of the Board, attested by the Clerk to the Board. The Clerk to the Board shall be the custodian of the Weld County Seal and affix said seal to documents as required. 2. The Clerk to the Board of Weld County, Colorado, and the Chairman of the Board of County Commissioners of Weld County, Colorado, are designated as persons authorized to sign all county warrants. 3. The Chairman of the Board of County Commissioners has standing authority and is authorized and directed to sign personal service contracts under $2,000, as well as all equipment maintenance, equipment lease, and computer equipment purchase agreements. 4. The Board of County Commissioners of Weld County authorized, by resolution dated December 19, 1984, the Director of Finance and Administration to prepare routine payroll warrants for the actual hours worked; and authorized the Clerk to the Board to sign and release said warrants, with the understanding that the routine warrants will be presented at the next formal board meeting for approval by the Board of County Commissioners. The Board of County Commissioners directed that any controversial or unusual items for payment be delayed in processing until formal action by the board. 940522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT PROCEDURE FOR CHARTER PETITION DATE March 23, 1992 PAGE 15 PROCEDURE FOR CHARTER PETITION By resolution on April 25, 1984, the Board of County Commissioners of Weld County, Colorado adopted the following procedures and clarifications in order to implement Article XVII of the Weld County Home Rule Charter: 1. For the purposes of implementation of Section 17-1(2) of the Weld County Home Rule Charter in a manner consistent with the terms of CRS, §30-11-506(2) , the term "qualified electors" shall be interpreted to include registered, qualified, electors. 2. For the purposes of Section 17-1(3) of the Weld County Home Rule Charter, the date of initiation of a proposed amendment, when initiated by petition, shall be the date said petition is filed with the Board of County Commissioners. 3. Petitions filed pursuant to Section 17-1 of the Weld County Home Rule Charter may be circulated at any time and shall be of a form which shall contain the following information: A. A statement indicating what is to be accomplished by the petition, stated in a clear, concise manner to the signer of the petition with appropriate citation of authority to state statute and the Weld County Home Rule Charter. B. A statement directing the Board of County Commissioners to carry out certain actions pursuant to state law or the Weld County Home Rule Charter. C. If the petition is for the amendment of a particular provision of the Weld County Home Rule Charter, the petition shall state the section or subsection of the Weld County Home Rule Charter as it will read if the amendment is duly adopted. D. Each line on the petition must provide the following information: The signature of the signer of the petition, the printed name of the signer of the petition, the signer's place of residence shall be designated by street and number or by Weld County road number or legal description and an indication of the appropriate city or town but in no case shall designation be by Post Office box. 940522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT PROCEDURE FOR CHARTER PETITION DATE March 23, 1992 PAGE 16 E. Each circulator of a petition page must subscribe and swear to an Affidavit of Circulator before a person authorized by the State of Colorado to administer oaths and each page of the Petition must be signed by the circulator. 940522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT EXPEDITING THE FIRST READING OF ORDINANCES DATE March 23, 1992 PAGE 17 EXPEDITING THE FIRST READING OF ORDINANCES (Adopted by Resolution of the Board on 5/11/92) Pursuant to Section 3-14 of the Weld County Home Rule Charter, upon the introduction of an ordinance it must be read in its entirety. Because the first reading of ordinances often takes significant amounts of time at the regular meetings of the Board of County Commissioners, by resolution on May 11, 1992, the Board of County Commissioners adopted the procedures set forth below in order to provide a mechanism by which the first reading of ordinances will be expedited, while at the same time providing the requisite record of notice to the public, and complying with the requirements of Section 3-14 of the Weld County Home Rule Charter. 1. Upon the majority vote of the Board of County Commissioners and solely at its discretion, an ordinance may be read for the first reading by the playing of a tape recording of the ordinance as it is presented for first reading. The playing of the tape recording shall satisfy the first reading requirements set forth in Section 3-14 of the Weld County Home Rule Charter. 2. Any reading of an ordinance for the first time by the playing of a tape recording will be conducted in the board's assembly room or in a room immediately adjacent thereto. The Chairman of the Board of County Commissioners shall read into the record that the first reading will be accomplished by the playing of a tape recording and will announce where the tape recording will be played. 3. The department which is recommending the adoption of the ordinance, the Clerk to the Board of County Commissioners, or the board's designee, shall be the readers of the proposed ordinance on the tape recording. All such readings and tape recordings must take place in the Clerk to the Board's Office on tape approved for such use by the Clerk. Tapes of ordinances must be prepared and delivered to the Clerk to the Board no later than 5:00 p.m. on the day prior to the meeting at which the ordinance is formally introduced. 4. All tape recordings of the first readings of ordinances shall be on tapes provided by and kept in the custody of the Clerk to the Board of County Commissioners. 940522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT NOTIFICATION PROCEDURES FOR EMERGENCY INCIDENTS DATE March 23, 1992 PAGE 18 NOTIFICATION PROCEDURES FOR EMERGENCY INCIDENTS CLASS 1: ROUTINE INCIDENT: No injuries No request for resources Responder handles ACTION: Incident report filed next day. CLASS 2: Incident with injuries No request for assistance Responder handles ACTION: Normal duty hours, brief up After hours, incident report CLASS 3: Incident with injuries or potential of injury Involvement of county employees or resources Responder needs or requests assistance to include HAZMAT TEAM Any evacuation ACTION: Normal duty hours, brief up After hours, contact Commissioners CLASS 4: MAJOR: Imminent loss of life and property Major damage/disaster County resources dedicated EOC activated ACTION: Activate EOC, brief everyone 940522 POLICIES A N D PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT PRESS RELEASE POLICY DATE March 23, 1992 PAGE 19 PRESS RELEASE POLICY The only press releases that do not need prior approval of the Board of County Commissioners before release are as follows: 1. It is totally related to the issuing department. 2. It does not take issue with established county policy. 3. It is not related to lobbying for or against a legislative issue. (See Lobbying Policy) . 4. The Office of Emergency Management, under the direction of the Sheriff, is designated as the Weld County agency responsible for gathering and disseminating all public information associated with an emergency situation in Weld County. All county officials and employees under the direction of the Board of County Commissioners, are directed to provide the Office of Emergency Management all appropriate public information associated with an emergency situation for dissemination to the public. All county officials and employees under the direction of the Board of County Commissioners, are directed to direct all public and media inquiries to the Office of Emergency Management for coordinated and centralized information associated with an emergency situation and to refrain from providing such information to the media or public directly concerning an emergency situation in Weld County, to insure that complete and accurate information is disseminated on a timely basis. 94.0522 POLICIES A N D PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT LOBBYING POLICY DATE March 23, 1992 PAGE 20 LOBBYING POLICY Lobbying per state law (Section 24-6-302, CRS, as amended) is defined as attempting to aid in or to influence: A. The passage or defeat of any legislation by the general assembly or the approval or veto of any legislation by the governor of this state. B. The adoption or defeat of any standard, rule, rate, or decision of any board or commission of this state which has been delegated rule- making authority by the general assembly. In order to coordinate and control the legislative program of Weld County, the Board of County Commissioners requires that all lobbying efforts by county personnel (other than independently elected officials) be sanctioned by the board. Requests to lobby by department personnel should be directed to the respective Commissioner Coordinator, who will seek board consensus on the issue and, if appropriate, board authority sanctioning lobbying efforts in the best interest of Weld County. In accordance with federal rules and regulations no federal funds, including Revenue Sharing, can be used for lobbying activities in any way: A. To attempt to influence in any manner a member of Congress to favor or oppose any legislation or appropriation by Congress. B. To attempt to influence in any manner state or local legislators to favor or oppose any legislation or appropriation by such legislators. Communications and consultation with state and local legislators for purposes of providing information such as on matters necessary to provide compliance with the federal laws or regulations shall not be considered lobbying. Therefore, no county employee or official shall use federal funds for lobbying activities. 940522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT LOBBYING POLICY DATE March 23, 1992 PAGE 21 Any county employee or official lobbying on behalf of Weld County shall comply with the state regulation of lobbyists (Sections 24-6-301 and 24-6-308, CRS, as amended) . In the event any county funds are expended for lobbying activities, a copy of such expenditure claim form(s) shall be sent to the Director of Finance and Administration specifying the date, lobby activity, purpose of expense, and name of the official or group lobbied. In the event the sum total of expended funds requires a filing with the Secretary of State, the Director of Finance and Administration and county employee or official involved will insure proper filings to the Secretary of State are made. 94,0522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT CONTRACTS AND ORDINANCES DATE June 6, 1994 PAGE 22 CONTRACTS AND ORDINANCES Ordinance #42, which became effective January 23, 1979, specifies the procedures concerning contracts for Weld County. A. Contracts: Since the definition of contracts for the purpose of acting by ordinance is not specifically enumerated in the Charter and inasmuch as Article II, Section 2-5 provides that the Charter shall be liberally construed when particular powers are not mentioned or enumerated and further provides that the county shall have the powers necessary and convenient for the conduct of its affairs, the following definitions of contracts and rules governing ordinances and contracts shall be in effect. 1. It is the intent of the Board of County Commissioners that an annual appropriation ordinance is the ordinance by which the board acts during each fiscal year in matters of all contracts that involve the expenditure of money for any of the purposes which are covered by the monies appropriated by the annual appropriation ordinance. 2. It is the intent of the Board of County Commissioners that the annual appropriation ordinance is the ordinance by which the board acts during each fiscal year in matters of all contracts that involve revenue sources from intergovernmental agreements or for any of the purposes which are covered by monies appropriated by the annual appropriation ordinance. 3. The Board of County Commissioners shall act by resolution in agreements with other governmental units for the joint use of buildings, equipment and facilities and for furnishing and receiving commodities or services if approved by the board. 940522 POLICIES A N D PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT CONTRACTS AND ORDINANCES DATE June 6, 1994 PAGE 23 4. It is the intent of the Board of County Commissioners that the annual appropriation ordinance is the ordinance by which the board acts during each fiscal year in matters of all contracts involving discretionary grant programs which are covered by monies appropriated by the annual appropriation ordinance, and any funding level determinations, administrative amendments, or other administrative actions required by the Board of County Commissioners shall be by resolution of said board. 5. In cases in which specific programs in Weld County are mandated by the laws of the State of Colorado or the United States of America or by the courts of the State of Colorado and the United States of America that any administrative action required by the board in such instances shall be by resolution of the board. 6. The Board of County Commissioners of Weld County, Colorado shall act by resolution in situations involving letters of agreement with other governmental units which are purely administrative in nature. 7. Any contract involving a new program that has not been considered by the board during the annual public budget hearings and in the event that monies for the purpose of funding said programs are not covered by the monies appropriated by the annual appropriation ordinance, then, in such cases, the Board of County Commissioners shall act only by ordinance in considering said matter. 8. The Board of County Commissioners shall act only by ordinance in any matter concerning a contract that involves debt financing. 9. The Board of County Commissioners may, in the conduct of the county's affairs, act by ordinance on any policy issue involving administrative matters that said board feels necessary. 94,0522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT CONTRACTS AND ORDINANCES DATE June 6, 1994 PAGE 24 B. Ordinances: The procedural rules governing ordinances are as follows: 1. An ordinance must be read in full at the time it is first introduced. The ordinance may be read by title only at the second and third readings provided there is a waiver by a four-fifths vote of the Board of County Commissioners and no public objection is voiced in the proceedings. The first reading of an ordinance may be by playing of a taped recording, as described on the following page. 2. Except for the correction of typographical or clerical errors, when ordinances, other than emergency ordinances, are altered after the first introduction, a new ordinance must be substituted in its place and the ordinance procedure shall be repeated in full. 3. Any exhibit or attachments relevant to the ordinance shall be referred to in the body of the ordinance, but will not be published as part of the ordinance but the ordinance shall state that copies of the material are available for inspection at the office of the Clerk to the Board of County Commissioners of Weld County, Colorado. 940522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT LEGAL OPINIONS DATE March 23, 1992 PAGE 25 LEGAL OPINIONS 1. It shall be the policy of the Department of Law, under Article V of the Home Rule Charter for Weld County, Colorado, that all requests for opinions issued by the Department of Law under Section 5-3(2) and (3) , shall be personally directed to the Weld County Attorney for review. 2. In the first instance, all opinions on questions of law issued by the office of the County Attorney to the Board of County Commissioners and the other departments and divisions of county government of Weld County, shall be deemed informal and shall be designated "MEMORANDUM OF LAW." 3. All formal written opinions to be maintained by the county as public documents, pursuant to Article V, Section 5-3(3) of the Home Rule Charter of Weld County, Colorado, shall be issued by the office of the County Attorney only after an informal memorandum of law on that subject shall have been written, and only upon written request and personal interview by the party requesting the formal written opinion with the County Attorney. All such opinions shall be designated "FORMAL OPINION." 94.0522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT PUBLICATION OF ANNUAL REPORTS DATE March 23, 1992 PAGE 26 PUBLICATION OF ANNUAL REPORTS The following is the board policy for the publication of annual reports for activities under the Board of County Commissioners: 1. A statement justifying the need and purpose(s) of the report with the proposed distribution of the report and estimated cost of development should be submitted for approval by the board prior to proceeding in developing the report. 2. Estimated cost for the annual report should include the preparation cost, staff time, typing, art work, and printing costs for the proposed number of copies to be distributed. 3. Once justification for need and costs are approved by the board, development of the report can proceed. 4. Draft copies of an authorized report should be submitted to the board for comments and approval prior to publication and any distribution. 94:0522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT DIMENSION STANDARDS FOR LETTER SIZE MAIL DATE June 6, 1994 PAGE 27 DIMENSION STANDARDS FOR LETTER SIZE MAIL Effective July 15, 1979, the Postal Services' Board of Governors has adopted a recommended seven-cent surcharge for oversized and odd shaped pieces of mail. A. The Board of Governor's action defines that after July 15, 1979, pieces will be non-mailable if they are less than either of the following measurements: 3-1/2 inches high, 5 inches long, or 7 thousandths (.007) of an inch thick. 1. Items subject to the seven-cent surcharge will be first class mail weighing 1 ounce or less, and single piece third class of 2 ounces or less that exceeds any of these dimensions: 6-1/8 inches high, 11-1/2 inches long, or 1/4 inch thick. 2. Also subject to the surcharge are odd shaped pieces within the weight units noted above. The acceptable size ratio for such pieces is: the length must be between 1.3 times and 2.5 times the height. B. The U.S. Postal Service has provided a form entitled "Dimension Standards for Letter Size Mail". All offices of Weld County are directed to adhere to the dimension standards for letter size mail as enumerated above and as outlined on the "Dimension Standards for Letter Size Mail", to avoid all seven-cent surcharge on non-standardized letter size mail, and further, that the Director of Purchasing is hereby directed to insure that all specifications for bids and quotes for county purchases involving envelopes or cards adhere to the "Dimension Standards for Letter Size Mail". All outgoing county mail will be sent out through Printing and Supplies and will be metered in that office. Offices are not to use stamps, stamped mail or their own postage meters. Social Services shall have authority to process their own mail due to the volume and funding of Social Services activities. Monday through Friday all mail must be received by 3:00 p.m. in the Print Shop in order to be mailed out the same day. 940522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT DIMENSION STANDARDS FOR LETTER SIZE MAIL DATE June 6, 1994 PAGE 28 Departments are responsible for the following: 1. Registered or Certified mail must be separate from all other mail. 2. Prepaid mail must be separate from all other mail. 3. Personal mail must be separate from county mail and is to be sorted for local and out of town and marked accordingly. It must have postage affixed, no personal mail will be metered. 4. All mail must be labeled -- showing the department's name so proper postage charges can be made. 5. All first class mail must be labeled "Priority". Any mail not properly labeled will be assumed to be Presort. 6. Any mail that is to be delivered to inner county offices should be put into department's mail boxes in Accounting. Do not include in outgoing mail. The General Services Agency is now providing two courier runs to the north administrative buildings for internal mail. Pickup and delivery times are 9:45 a.m. and 1: 15 p.m. 90522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT COUNTY PROPERTY DATE June 6, 1994 PAGE 29 COUNTY PROPERTY 1. The county cannot acquire real or personal property as a speculation or an investment; its authority is to purchase and hold real and personal property for the use of the county, and lands acquired by Treasurer's Deed for non-payment of taxes, as provided by law. 2. Any property owned by the county through rights-of-way or through easements shall not be offered on the open market, but to the owner-of- record of the immediately contiguous property. In the case of vacation of a section line right-of-way, title to the vacated roadway shall be vested in the owners-of-record of the roadway, pursuant to 43-2-302, C.R.S. 1973. 3. All sales of real property owned by Weld County, Colorado, subsequent to June 6, 1977, shall include any mineral rights held by Weld County in connection with said property sold, to the extent that said mineral rights are owned by Weld County. Real estate conveyed to the county for non-payment of taxes under Section 39-11-142, C.R.S. 1973, shall be administered as provided in Section 39- 11-143, C.R.S. 1973, which states, in part: A. The Board of County Commissioners has the power to rent, lease or sell such property so acquired as provided in this section. B. Whenever such real estate is leased by the Board of County Commissioners of such county, it shall be leased for the best cash rental obtainable considering the condition and location of such real estate, in the discretion of the Board of County Commissioners; but no lease shall be for a period exceeding five years. C. Any such real estate so conveyed to the county may be sold at public sale by the Board of County Commissioners. Prior to offering such property for sale, the Board of County Commissioners shall obtain from the assessor a certificate as to the current actual value and the valuation for assessment of the same. A notice of such sale shall be posted in a public place in the county courthouse at least thirty days before the date of sale, and such notice of sale shall also be advertised in two issues of a newspaper of general circulation in the county in which the property is situated, said newspaper notices to appear one week apart and within the thirty days as above provided. Such notice shall reserve the right upon the part of the Board of County Commissioners to reject any or all bids which are less than the value determined by the assessor. 94.0522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT COUNTY PROPERTY DATE June 6, 1994 PAGE 30 D. Such real estate may be sold at public sale when and if the Board of County Commissioners receives a bid for any lots or parcels which in the discretion of the Board of County Commissioners is a sufficient purchase price. Such real estate may be sold in such lots or parcels and upon such terms of payment as the Board of County Commissioners deem acceptable, but no deed shall be issued until the purchaser has made payment in full. Upon written application of any person, the Board of County Commissioners shall offer for sale the property requested by such person to be sold: except that no parcel shall be divided for the purpose of such requested sale unless the Board of County Commissioners specifically permits such division. The Board of County Commissioners, in its discretion, may decline and refuse to offer for sale any lots or parcels as it may determine to be useful or necessary for present or future public projects to be defined in Section 30-20-301, C.R.S. 1973. The Board of County Commissioners may, prior to the sale of any lot or parcel, reserve or grant streets, alleys, or roads or utilities or other easements, public or private, under such terms and conditions as it may deem advisable and may rent or lease any lot or parcel retained for present or future public projects to any person, political subdivision, or quasi-municipal corporation. 5. Gravel obtained from county gravel easements and sites shall not be sold or used for other than governmental purposes except by specific authorization of the Board of Weld County Commissioners. 6. The Board of Weld County Commissioners authorizes and directs the Chairman of the board to file a criminal complaint on behalf of the county against any and all persons caught or accused of removing and/or destroying county owned property or having such county owned property in his possession illegally. A reward of $500 shall be paid to anyone for information leading to the arrest and conviction of any person or persons found to be guilty of removing and/or destroying county owned property or of possessing such county owned property illegally. 7. When the county accepts gravel easements, abatements will not be given on property taxes due therefrom. 8. By resolution dated February 1, 1993, and pursuant to provisions of the Unclaimed Property Act, including §38-13-134, the board voted to confirm, ratify, and codify county policy for the handling and disposition of unclaimed property, as follows: 940522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT COUNTY PROPERTY DATE June 6, 1994 PAGE 31 A. All county officials and employees having custody of unclaimed property, as defined in the Unclaimed Property Act, CRS, §38-13-101, et. seq. , are directed to continue in effect the current practices of various departments related to the handling and disposition of unclaimed property. 1. Weld County Clerk and Recorder procedures. (Refund escrow account #810-0806) a. Daily 1) Enter refund on computer 2) Take money from cashier drawer. Hold for bi- weekly deposit to Treasurer's Office. b. Weekly (twice, usually Tuesday and Friday) 1) Type refund memos 2) Recount money. Send deposit to Treasurer's Office. 3) Type warrants. Mail to customer 4) Record in refund ledger. c. Monthly 1) Balance refund ledger, cancelled checks, and Treasurer's report 2) List outstanding checks d. Yearly 1) Request Treasurer's Office to transfer total of outstanding checks from previous year to unclaimed funds account. Attach to this request a list of each outstanding check by name, check number, date, and amount. 2) Copies of the above procedure are kept on file in the Accounting Department of the Weld County Clerk and Recorder for approximately ten years. POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT COUNTY PROPERTY DATE June 6, 1994 PAGE 32 2. The procedure for transferring of unclaimed funds by the County Treasurer's Office is as follows: a. Every six months checks that are older than six months are cancelled on the Treasurer's bookkeeping system and the total amount is put into the Unclaimed Funds account. The money that is in Unclaimed Funds is then transferred to the county general fund once a year, with the understanding that if a stale dated check is presented for payment, it will be paid out of the county general account. 3. The general county policy with respect to voiding of county warrants, which was adopted by the Board of County Commissioners on February 28, 1979, stated: a. County warrants shall have the following printed on the face of the warrant: "VOID IF NOT CASHED IN SIXTY DAYS". b. Any county warrant not presented to the County Treasurer within six months of the date of issue shall formally be declared void and the funds deposited in the general fund miscellaneous revenue account, Unclaimed Monies. c. The Director of Finance will notify the County Treasurer of all warrants formally declared void. d. After a warrant is formally declared void it can be reissued out of the general fund by board action should it be presented after six months from the date of issue by the payee. 4. Disposition of unclaimed property by the Sheriff shall be pursuant to Ordinance #28. B. After following the existing procedures for holding and advertising such unclaimed property, all non-cash proceeds of the sale shall be sold at the periodic county auctions, and the proceeds of the sale deposited in the county general fund. All cash or cash-equivalent unclaimed property shall be liquidated, collected, and deposited in the county general fund. 9,0522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT COUNTY PROPERTY DATE June 6, 1994 PAGE 33 C. Unclaimed property held by the county shall be held for disposition by the county, and shall not be turned over to the State of Colorado. No unclaimed property shall be disposed of except pursuant to approved regulations and plans. 9. By resolution dated January 20, 1993, the Board of County Commissioners established the Weld County Drug Task Force Committee on Disposition of Forfeited Property, comprised of three members: 1) The District Attorney of the 19th Judicial District, or a designee thereof; 2) The Chairman of the Weld County Drug Task Force, or a designee thereof; and 3) One representative selected from the local governmental entities participating in the Weld County Drug Task Force.The local government member of the committee shall be changed every two years. Selection of a new committee member shall be made from nominees submitted by the participating local governmental entities which do not currently have representation on the committee. Any local government that is a funding agency for law enforcement offices and/or departments which is are members of the Weld County Drug Task Force may recommend to the Committee on Disposition of Forfeited Property any individual for service on said committee. Said recommendation shall be made no later than 60 days prior to the termination of each two-year term. 94.0522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT MINERAL LEASING POLICY DATE March 23, 1992 PAGE 34 MINERAL LEASING POLICY Weld County owns mineral rights for approximately 40,000 acres. On November 19, 1986, the Board of County Commissioners adopted the following mineral leasing policy by resolution: 1. The term of the leasing period shall be for a maximum of three (3) years. 2. There shall be a continuation of the sealed bid process with the amendment that the top two bidders and any other bidder within 10% shall participate in an auction. The opening of the sealed bids and the auction shall be held on the same day. 3. A bid of at least $10.00 per acre shall be the minimum amount required. 4. There shall be a continuation of the requirement for certified funds. 5. Where there is a conflict concerning the ownership of the lease, the owner of the lease shall provide evidence of ownership. 6. Royalty interest in the production to be paid to the county shall be at least twelve and one-half percent (12.5%) . Specific amount of royalty interest to be set by the board prior to bidding process. 7. Royalty interest in the production to be paid to the county shall be twelve and one-half percent (12.5%) when bidding is waived on small parcels under five acres with a minimum of a $200.00 royalty bonus for the parcel. 9C0522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT MINERAL LEASING POLICY CONCERNING EXTENSIONS DATE March 23, 1992 PAGE 35 MINERAL LEASING POLICY CONCERNING EXTENSIONS On August 29, 1985, the Board of County Commissioners adopted the following policy for extending the terms of all mineral leases. The board will extend the terms of all mineral leases in which it is the Lessor according to the following conditions: 1. No lease term will be extended for more than six (6) months from the original expiration date as contained in the mineral lease. 2. That the Lessee shall pay to the Lessor the sum of one-third of the original bonus, with a minimum bonus of Ten Dollars ($10.00) per acre. 3. The Lessee must pay to the Lessor the sum of One Dollar ($1.00) per acre leased as delayed rental for the term of the extension. 4. That the royalty will remain the same as in the original lease. 940522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUSPENSION OF OPERATIONS ON SUBJECT UNECONOMICAL OIL AND GAS WELLS DATE March 23, 1992 PAGE 36 SUSPENSION OF OPERATIONS ON UNECONOMICAL OIL AND GAS WELLS By resolution on November 19, 1986, it shall be the policy of the Board of County Commissioners of Weld County that the Board of County Commissioners may grant the operators of oil and gas wells on Weld County leaseholds the opportunity to temporarily suspend operation on those wells that are, in the operator's opinion, uneconomical to produce. The suspension may be granted by the board on receipt of a proper request for the same. The board will, however, review such request on a case-by-case basis and will grant or deny the request as warranted. The suspension will be granted for a term of one year from the next anniversary date of said oil and gas lease, subject to renewal if appropriate. The request for suspension of production shall include the following: 1. The production costs associated with the well(s) and the current production and revenues received for the production and other reasons justifying the request for suspension. 2. A listing of all working interest parties in the leasehold (attach Division Order if applicable) . 3. A plat showing the amount of production from the well(s) and current production from other producing wells of non-county ownership in the reservoir (identify operator of non-county production) . 4. Proposal of lessee, if required, to protect county mineral lands from drainage by adjoining wells located on non-county lands. The Board of County Commissioners of the County of Weld will not entertain a waiver of the shut-in royalty or per-acre lease rental provisions of its oil and gas leases. 910522 POLICIES A N D PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT INDUSTRIAL REVENUE BONDS DATE June 6, 1994 PAGE 37 INDUSTRIAL REVENUE BONDS Ordinance #69-A, effective October 22, 1980, specifies the industrial development revenue bond policy for Weld County. 1. DECLARATION OF POLICY: The policy of the Board of County Commissioners is to encourage the location, relocation, or expansion of manufacturing, industrial or commercial enterprises within the corporate limits of the county, and to that end to issue development revenue bonds pursuant to the 1967 County and Municipality Development Revenue Bond Act, as set forth in Section 29-3-101, et seq. , C.R.S. 1973, as amended. This policy is adopted in furtherance of the primary objectives to mitigate the serious threat of extensive unemployment, to secure and maintain a balanced and stable economy, to ameliorate pollution and other environmental problems and to provide for the public welfare. All such action provided under this policy shall be taken only when the same is exercised for the benefit of the inhabitants of Weld County and for the promotion of their safety, welfare, convenience and prosperity. In furtherance of said policy, the board declares that: 1. 1 The Board of County Commissioners will make all necessary determinations of the desirability of projects and will not delegate this determination to any agency, contractor or employee of the county. 1.2 The county will not employ the provisions of the 1967 County and Municipality Development Revenue Bond Act to industries presently located in other parts of the State of Colorado if the result of such act is to induce removal of these industries from their present location. 1.3 The county declares its intention to require payments in lieu of ad valorem real estate taxes on any project in the same amount and manner as if the ownership of the real estate remained in private hands rather than in the ownership of the county. 1.4 The county will require information and proof of such matters necessary to establish the bona fide purposes of the applicant, while not unnecessarily divulging information to the competitive disadvantage of the applicant. oft nt•ran POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT INDUSTRIAL REVENUE BONDS DATE June 6, 1994 PAGE 38 1.5 The county will, in performing its duties, seek to protect and enlarge the good fiscal reputation of the county. 1.6 Material supplied to meet the requirements of said policy shall become the property of the Weld County Government and shall be public records. 2. COUNTY PLANNING CRITERIA 2. 1 All proposed projects shall be in accordance with and shall meet the goals, concepts and objectives for development as set forth in the county's Comprehensive Master Plan, and the comprehensive plan of any incorporated Town or City if such project will be located therein or within three (3) miles of the corporate limits of such Town or City. 2.2 The property on which any such project is to be located must be within the corporate boundaries of Weld County and such property must have affixed thereto a zoning district classification of the county or of an incorporated City or Town which permits the proposed project use. 2.3 The plans for the proposed project shall be in strict compliance with appropriate zoning and subdivision regulations of Weld County and of any incorporated City or Town, if such project will be located within the corporate limits of such City or Town. 2.4 The county, in consultation with municipalities and districts, will review and determine the adequacy of water and sewer services prior to approval by the Board of County Commissioners. 2.5 The proposed project plans shall be reviewed and analyzed by the county to determine necessary off-site capital improvements including, but not limited to, streets, curbs, gutters, sidewalks, utility easements, water and sewer lines and traffic control devices. Such review shall include analysis and comments offered by any incorporated City, Town and School District which may be affected by the project. Such analysis is for the purpose of reporting to the Board of County Commissioners the impact of such development upon other municipal services and facilities. The determination of which parties shall bear the cost of any required off-site improvements shall be set forth in an agreement between all parties in interest prior to the consideration by the Board of County Commissioners of a resolution of intent to issue bonds for the project. 940522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT INDUSTRIAL REVENUE BONDS DATE June 6, 1994 PAGE 39 3. APPLICATION REQUIREMENTS. In order to properly process and consider applications to issue bonds for projects set forth herein, certain criteria, procedures, guidelines and requirements shall be followed and submitted by the applicants as set forth below: 3.1 A written legal opinion directed to the Board of County Commissioners from an attorney who is a qualified municipal bond counsel, stating that the applicant's proposal falls within the intent and meaning of the Economic Development Revenue Bond Act. Bond counsel shall be selected by the applicant with the final approval of the Board of County Commissioners. 3.2 Evidence that the proposed bond issue can be sold through an acceptable underwriter or to an experienced investor or group of investors. 3.3 A written application containing the following information, to-wit: A. A history of the applicant, including a description of its operations. B. Historical financial statistics of applicant for the last five (5) years or for the entire time it has conducted business. If the applicant is proposing co-signers or guarantors of the bond issue, this same historical financial data must be supplied for the co-signers or guarantors. C. A written report from the applicant's principal banker concerning the applicant's financial position and ability to meet the expense of the proposed bond issue. The applicant should also provide a Dunn and Bradstreet Report or other equivalent national rating of its financial position. D. Major customers of applicant and the annual sales to each for the preceding two (2) years. E. A resume of principals and key employees of applicant, including directors and officers, if applicant is a corporation. F. Applicant's pro forma balance sheets, income statements and cash flow projections for the next five (5) years, reflecting the proposed bond issue. OA.112-nn POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT INDUSTRIAL REVENUE BONDS DATE June 6, 1994 PAGE 40 G. Applicant's prepared financial statements dated within sixty (60) days of the application date. H. Copies of the applicant's financial statements, either audited or otherwise satisfactory to the county, for the preceding five (5) years or the entire time during which the applicant has conducted business. I. Complete list of assets to be purchased or constructed and expenses incidental to the acquisition, including costs of the sale of the revenue bonds. J. A payment schedule or formula for retirement of the bonds and payment in lieu of taxes and cost of maintaining project in good repair and properly insured. 3.4 An initial application fee of $500.00 to defray the costs of the county analysis of the proposal as set forth in Section 4 of this policy shall be tendered with the application. 3.5 Other information specifically desired by the board not set forth above. 3.6 The board, by majority vote, may waive specific information required in the written application for new concerns that have not been in operation for the last five (5) years. The board, however, may request additional information in lieu of the information waived. 4. COUNTY REVIEW OF APPLICATION. At such time as the applicant has provided all of the required information and met all of the above stated requirements, the county shall conduct an analysis of the information and the suitability of the proposal for implementation under this policy. 4. 1 A county review team shall be responsible for analyzing the application and making recommendations to the Board of County Commissioners concerning the advisability of proceeding with the proposed bond issue. The review team shall consist of the county finance officer, the county planner, and the County Attorney. In addition, the review team may engage outside counsel for the purpose of rendering opinions and doing research on the proposed bond issue. 940522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT INDUSTRIAL REVENUE BONDS DATE June 6, 1994 PAGE 41 4.2 The recommendation of the review team shall include an analysis of the impact of the development upon the county, and upon any other interested municipal governments. The form of agreement for any required off-site improvements shall also be recommended by the- review team to the Board of County Commissioners. The review team may recommend that certain conditions be placed upon the applicant to further insure the repayment of the bonds, and may recommend that the applicant provide guaranteed construction contract or a completion bond prior to undertaking the proposed project. 4.3 At such time that the review team has presented its recommendation, impact analysis, and off-site improvement agreement to the board and to the applicant, the board shall schedule a public hearing for the purpose of discussing the application and considering public comment on the proposed bond issue. At the close of such public hearing, the board may determine whether or not to proceed to issue the bonds and shall adopt a resolution formally declaring its intent. 4.4 If the Board of County Commissioners has considered the application and the report from the review team, has conducted a public hearing on the application, and has adopted a resolution of intent to issue the proposed bonds, it shall direct the review team to prepare the bond issue. The review team will work with the applicant and with an investment banker and bond counsel suitable to the applicant and to the county. 5. ADDITIONAL FEES UPON ADOPTION OF RESOLUTION OF INTENT TO ISSUE. 5. 1 Upon adoption of the resolution of intent to issue the bonds, a fee in addition to the fee provided in Section 3.4 shall be assessed in the amount of one half of one percent (f%) of the total face amount of the bond issue. Such fee shall be paid to the Weld County Government within thirty (30) days of the date of such resolution to defray the cost of processing of the bond issuance, legal counsel, etc. 5.2 The minimum charge pursuant to the above shall be $2,500.00 and the maximum charge shall be the sum of $10,000.00, and such fees shall be assessed regardless of whether or not such bonds are ever issued or sold. 940522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT INDUSTRIAL REVENUE BONDS DATE June 6, 1994 PAGE 42 5.3 If the Board of County Commissioners desires to engage a bond counsel in addition to the one engaged by the applicant, for the purpose of reviewing any documents, the fee of such bond counsel shall be payable by the applicant. 5.4 The Board of County Commissioners may engage other outside experts for purposes of reviewing the application. The applicant shall be responsible for paying any fees charged by such outside experts for their services. 94.0522 POLICIES A N D PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT PERMITS, REGULATIONS, FEES DATE June 6, 1994 PAGE 43 PERMITS, REGULATIONS, FEES The following permits, fees, and regulations are determined by the Board of County Commissioners: 1. Ordinance #6 and subsequent alpha designations: Liquor License Fees -- administered by the Clerk to the Board of County Commissioners. 2. Ordinance 1110: Fees for Service of Civil Process by the Weld County Sheriff. 3. Ordinance 1188 and subsequent alpha designations: Regulating the Running at Large of Dogs, providing for seizure, impounding, and other disposition thereof -- administered by the Sheriff's Department. 4. Permits and fees concerning land use applications -- Administered by the Weld County Department of Planning Services. 5. Permits and fees for processing and reviewing building and electrical permit applications -- Administered by the Weld County Department of Planning Services. 6. Sanitary Landfill Fees -- In accordance with Ordinance #53 and #124, administered by all private landfills with a Certificate of Designation, with 107 surcharge paid to Weld County and deposited in the Solid Waste Fund. 7. County Road Maps -- available through the Clerk to the Board's office. 8. County Assessor's Maps -- contact the Assessor's Office for map number; make payment to the County Treasurer. 9. Fees for Planning Commission Transcripts. It is the policy of this Board that: A. The Director of Planning shall record on electronic tape, hearings of the Planning Commission. B. At times determined by the Director of Planning to be reasonable, the Director of Planning shall allow the applicants to listen to a tape recording of a hearing. 440522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT PERMITS, REGULATIONS, FEES DATE June 6, 1994 PAGE 44 C. Recording and playback equipment shall be operated only by the Director of Planning or by the Planning Department staff. D. The Director of Planning shall charge a reasonable fee based on the costs of staff's time for operating playback equipment for persons who wish to listen, record, or transcribe from a tape. E. Anyone transcribing from a tape shall furnish the Director of Planning one copy of the transcription without charge. F. The Director of Planning may have staff prepare a transcript from a tape. G. Transcriptions shall be sold for a fee based on (1) cost of the staff's time preparing the transcript, and (2) all direct costs of preparing copies. 10. Ordinance #69A -- Application and issuance fee for industrial development bonds -- administered by the Finance Department. 11. Ordinance #84 and subsequent alpha designation specify fees for: A. Commercial Rental Schedule B. Ambulance Services C. Missile Site Park Fees D. Miscellaneous fees for various departments E. Rates for Clerk to the Board F. Utility Permit Fees 12. Ordinance 1182 and subsequent alpha designation specify fees for health services administered by the Health Department. 13. In accordance with a memorandum of understanding dated 5/7/80 with the City of Greeley, no planning or building inspection fees are charged the respective jurisdictions. 14. Fees for permit for temporary assemblages was established by resolution in accordance with Ordinance #85 at $100. 940522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT PERMITS, REGULATIONS, FEES DATE June 6, 1994 PAGE 45 15. In accordance with a resolution adopted November 7, 1988, a finance charge of 18% per annum will be assessed on all accounts receivable 61 days in arrears, except Medicaid and Medicare accounts. 16. Ordinance 11142 established fees for plowing permits and set collateral to cover costs of revegetation of grasslands. All fees shall be reviewed at least annually during the budget process. There is no refund of county fees once paid. Any deposit to be refunded under one dollar will not be refunded unless party requests refund in person, and then a petty cash payment will be made to avoid postage and handling charges in excess of refund amount. 94.0522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT AUTHORITY TO INVEST IN GOVERNMENT SECURITIES DATE March 23, 1992 PAGE 46 AUTHORITY TO INVEST IN GOVERNMENT SECURITIES The Board of County Commissioners, by resolution on August 22, 1984, authorized the Treasurer to invest county funds in accordance with Section 30-10-708(1) , CRS, 1973, which states as follows: ". . . Such board by written resolution similarly adopted, may authorize the county treasurer to invest all or any part of such funds and moneys in bonds of the United States, or in farm loan bonds issued in pursuance of the "Farm Credit Act of 1971", 12 U.S.C.A. section 2001, or in the bonds of any other corporation which is or may be created by the United States as a governmental agency or instrumentality, or in such bonds as are a direct general obligation of the state of Colorado, or in bonds of school districts or municipalities of the state of Colorado not in default, or in county bonds or county warrants. . . " 940522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT USE OF CONSERVATION TRUST FUNDS DATE March 23, 1992 PAGE 47 USE OF CONSERVATION TRUST FUNDS By resolution on November 13, 1984, it shall be the policy of the Board of County Commissioners of Weld County that the criteria for the use and allocation of Weld County Conservation Trust Funds shall be as follows: 1. To maintain and develop the two existing county parks. 2. Projects must enhance the quality of life for the citizens of Weld County. 3. Projects must contribute to and complement the economic development activities of Weld County. 4. Projects must have a county-wide impact or significance. 5. Funds used for local community projects must have substantial local support and matching local funds. 6. Outside of existing county parks no operating funds shall be contributed to projects. CIA nr'Do POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION REGULATING ACTIVITIES IN PARKS SUBJECT OWNED AND OPERATED BY WELD COUNTY DATE June 6, 1994 PAGE 48 REGULATING ACTIVITIES IN PARKS OWNED AND OPERATED BY WELD COUNTY Ordinance #170, effective November 3, 1992, was approved by the Board of County Commissioners to establish the following policy to regulate activities in parks owned and operated by Weld County: I. APPLICATION; JURISDICTION; PROCEDURE: These regulations shall apply to and be enforceable within all parks owned and operated by the County of Weld, State of Colorado, by and through the Board of County Commissioners of the County of Weld, State of Colorado. It shall be the duty of the Weld County Sheriff to enforce the regulations. The Weld County Court shall have jurisdiction in prosecutions of violations of the regulations. Simplified County Court Procedures as set forth in Sections 16-2-101, et. seq. , CRS, shall be applicable to prosecutions of violations of these regulations. Any summons and complaint brought in the Weld County Court for violation of any of the regulations set forth herein shall be filed in the name of the County of Weld, by and on behalf of the People of the State of Colorado, with all process issued from the Weld County Court likewise denominated. The Weld County Attorney shall be empowered to enforce the regulations and to appear and prosecute for the County of Weld by and in the name of the People of the State of Colorado, in any proceeding in the Weld County Court involving a violation of these regulations. II. PROHIBITED ACTS GENERALLY: The following conduct and acts are prohibited. If any of the regulations set forth within this Section conflict with any other applicable law or regulation, the more stringent requirement shall control. A. DEFINITIONS: Unless specifically stated otherwise, the following words have the following definitions in this policy: 1. "Designated areas" means those portions of the park facilities which have been designated for a specific purpose as set forth in posted signs. 2. "Litter" means all rubbish, waste material, refuse, garbage, trash, debris, or other foreign substances, solid or liquid, of every form, size, kind, and in description. 940522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION REGULATING ACTIVITIES IN PARKS SUBJECT OWNED AND OPERATED BY WELD COUNTY DATE June 6, 1994 PAGE 49 3. "Park facilities" means the entire real property located within the boundaries of the designated park owned and operated by the County of Weld, State of Colorado, including all improvements located thereon. 4. "Public property" means all property, real and/or personal, which is zoned, controlled, or in the possession of the County of Weld, State of Colorado. 5. "Overnight camping" means the temporary use of the park facility for the purpose of overnight occupancy without a permanently fixed structure. 6. "Vehicle" means any device in, upon, or by which, any person or property is, or may be, transported, including any frame, chassis, or body of any motor vehicle, except devices used exclusively upon stationary rails or tracks. B. OVERNIGHT CAMPING 1. To camp overnight in non-designated areas. 2. To camp overnight without paying a $5.00 camper fee per night by 11:00 p.m. 3. To camp overnight during any thirty (30) consecutive day period in the park facilities for more than five (5) nights. C. CURFEW 1. To use the park facilities in any manner after 11:00 p.m. , other than overnight camping. D. VEHICLES 1. To operate vehicles in areas other than on designated roadways. 910522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION REGULATING ACTIVITIES IN PARKS SUBJECT OWNED AND OPERATED BY WELD COUNTY DATE June 6, 1994 PAGE 50 2. To operate vehicles at speeds of greater than 10 miles per hour. 3. To operate, or allow the operation of, unregistered vehicles, or to operate any vehicle without a valid driver's license. 4. To park vehicles in areas posted "no parking". 5. To abandon vehicles, boats, campers, trailers, or other large items. E. FIREARMS 1. To discharge any firearms or weapons of any kind, including, but not limited to, rifles, handguns, shotguns, BB guns, pellet guns, long bows, cross bows, or other deadly weapons or firearms as defined by Section 18-1-901(3) (e) and (h) , CRS, as amended. F. FIREWORKS 1. To discharge any types of fireworks, sparklers, or explosive or incendiary devices as defined by Section 18-12-109(1) (a) , CRS, as amended. G. SANITATION 1. To leave human waste, waste water, cans, bottles, plastic or paper cartons, or other litter of any type on park lands or in park waters, other than in designated trash and waste containers and/or receptacles. 2. To use trash containers and/or receptacles provided for public use for dumping household and/or commercial trash brought from outside the park lands to which these regulations apply. 3. To clean clothing or other household articles, or to do personal washing at drinking water fountains or hydrants. O!"f tZ°77 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION REGULATING ACTIVITIES IN PARKS SUBJECT OWNED AND OPERATED BY WELD COUNTY DATE June 6, 1994 PAGE 51 H. DOGS AND OTHER ANIMALS 1. To bring or allow dogs or other animals not under physical control on lands to which these regulations apply. "Physical control" specifically does not mean merely eye or voice command control. Where a leash is used, such leash shall not exceed ten feet in length. 2. To allow dogs and other animals to create a nuisance, noise or disturbance. 3. To knowingly or negligently allow or direct a dog which one owns or which is under one's control to harass wild life, whether or not such wild life is injured by such dog. I. DESTRUCTION OF PUBLIC PROPERTY 1. To remove, destroy, mutilate, modify, or deface any building, structure, water control device, fence, gate, sign, notice, survey or section marker, tree, shrub, or other plant vegetation, or any other item of public property. J. DISORDERLY CONDUCT 1. To knowingly or recklessly, and in public, make a coarse and obvious offensive utterance, gesture, or display of abuse, or threaten a person in an obviously offensive manner, or make an unreasonable noise, or fight with another, or discharge a firearm, or display a deadly weapon in a manner calculated to alarm. K. COMMERCIAL USE 1. To use park lands or park waters for any commercial purpose whatsoever without the express written consent of the Board of County Commissioners of the County of Weld, State of Colorado. 9 .0522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION REGULATING ACTIVITIES IN PARKS SUBJECT OWNED AND OPERATED BY WELD COUNTY DATE June 6, 1994 PAGE 52 L. USE RESTRICTION 1. To occupy areas that are designated by the Board of County Commissioners of the County of Weld or its Director of General Services as day use only at times other than as specified. (Areas designated for day use only will be posted as such and hours of use, unless otherwise posted, shall be from 6:00 a.m. until sunset. ) 2. To enter, use, or occupy any areas to which these regulations apply which are posted against such use. M. CAMPFIRES 1. To burn fires in other than designated areas. III. VIOLATIONS AND PENALTIES: Any violation of this policy is a Class II Petty Offense punishable, upon conviction, by mandatory fine of not less than $25.00 nor more than $50.00 upon a first conviction, by mandatory fine not less than $50.00 nor more than $100.00 upon a second conviction, and by mandatory fine of not less than $100.00 nor more than $300.00 upon a third or subsequent conviction. It is at the discretion of the Court, upon the conviction of any person and the imposition of fine under this section, to suspend any or all of the fine in excess of the mandatory minimum fine upon the condition that the convicted person perform community service work at a time and in a manner prescribed by and at a place within the jurisdiction of the Court, for not less than eight hours upon a first conviction or for not less than 16 hours upon a second or subsequent conviction. IV. PENALTY ASSESSMENT AND SCHEDULE: Notwithstanding the provisions of the section entitled " Violations and Penalties" above, the person charge with one or more of the violations of this policy shall have the option of paying the below specified penalty assessment(s) therefore to the Weld County Treasurer in lieu of further proceedings or defense(s) of such violation in Court or of appearing in Court to defend such charge(s) . If such person elects to appear in Court, said person should be proceeded against as otherwise provided by law for the violation(s) charged and shall be subject to the penalties provided in the section entitled "III. Violations and Penalties" above, if found guilty of such charge(s) . In 9C0522 POLICIES A N D PROCEDURES SECTION GENERAL ADMINISTRATION REGULATING ACTIVITIES IN PARKS SUBJECT OWNED AND OPERATED BY WELD COUNTY DATE June 6, 1994 PAGE 53 the event a person wants to pay the prescribed penalty assessment as permitted herein, such payment shall constitute an acknowledgment of guilt by such person of the offense charged and shall be deemed a complete satisfaction for such violation and upon accepting the prescribed penalty assessment, the Weld County Treasurer shall issue a receipt to the violator acknowledging payment thereof. The penalty assessment which may be accepted and paid by the violator under the privileges of this section shall be as follows: Offense Number Fine Imposed First Offense $ 25.00 Second Offense 50.00 Third Offense 100.00 Four or More Offenses The penalty assessment shall not apply and the violator shall be prosecuted under the provisions of the section entitled "III. Violations and Penalties" above, upon the issuance of a Summons to Appear. V. TEMPORARY CLOSURE: The Board of County Commissioners may, by resolution, order the temporary closure of any park subject to the board's ownership and/or control. Said closure may be for any reason. VI. NON-LIABILITY: The Weld County Sheriff, the Board of County Commissioners of the County of Weld, State of Colorado, their assistants and employees, and any person enforcing the provisions of this policy, shall not be held responsible for any accident, injury, or subsequent disease, of whatever kind or character, which may occur in connection with the administration of this policy. No portion of this policy shall be deemed to constitute a waiver of any immunities which the Weld County Sheriff, the Board of County Commissioners of the County of Weld, State of Colorado, their assistants and employees may possess, nor shall any portion of this policy be deemed to have created a duty of care with respect to any person(s) . 94.0522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION OFFICIAL RECOGNITION AND PROCLAMATIONS SUBJECT OF SPECIAL EVENTS, CAUSES, AND CELEBRATIONS DATE March 23, 1992 PAGE 54 OFFICIAL RECOGNITION AND PROCLAMATIONS OF SPECIAL EVENTS, CAUSES, AND CELEBRATIONS By resolution on September 15, 1986, it shall be the policy of the Board of County Commissioners of Weld County that they will only issue special proclamations and resolutions for recognition of events, causes, and periods of celebration for subjects specifically and directly affecting Weld County government. 940522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION ACCEPTING INDIVIDUALS SENTENCED FROM OTHER SUBJECT JURISDICTIONS INTO THE WORK RELEASE PROGRAM DATE March 23, 1992 PAGE 55 ACCEPTING INDIVIDUALS SENTENCED FROM OTHER JURISDICTIONS INTO THE WELD COUNTY JAIL WORK RELEASE PROGRAM As a general practice, accepting individuals into the Work Release Program sentenced from other jurisdictions is discouraged. However, in order to promote positive relationships with other law enforcement agencies and the community, these individuals can be accepted at the Work Release Supervisor's discretion and only under the following conditions: 1. Travel to the place of business from the Weld County Sheriff's Office must not exceed 60 miles and this distance must be equal to or less than half the distance that the individual would be required to travel if he were traveling from the jail at the other jurisdiction. (NOTE: This will preclude a situation where WCSO accepts a person from Colorado Springs who works in Denver. Since the distance to the job site from either jail is the same, there would be no advantage to this arrangement. 2. Space must be available in the Work Release Program. 3. A. The sentencing Judge and the Sheriff's Office at the other jurisdiction involved must agree that if the individual is removed from the program because of an infraction or failure to pay fees, the individual will be transported to the jail in the original jurisdiction to finish his mittimus. This condition must be stated on the mittimus before the individual will be accepted into the program. B. The Work Release Supervisor will be responsible for coordinating this aspect of the agreement with the court and the other law enforcement agency. 4. A. In order to recover the cost of housing an inmate from another jurisdiction, Work Release fees will be $100.00 per week, to be paid as follows: $200.00 on day of entry into the program (of which $100.00 applies to first week and $100.00 applies to last week of program) , and $100.00 every week thereafter until total fees are paid up. Failure to pay fees will result in removal from the program. 94,0522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION ACCEPTING INDIVIDUALS SENTENCED FROM OTHER SUBJECT JURISDICTIONS INTO THE WORK RELEASE PROGRAM DATE March 23, 1992 PAGE 56 B. Adhering to a payment schedule such as this will ensure that an individual always has Work Release fees paid up to a minimum of one week in advance. If an individual is removed from the program due to a rule infraction or failure to pay fees, any money that has been paid in advance will not be refunded. Instead, money paid in advance will be used to defray the cost of transporting the individual back to the Sheriff's Office at the original jurisdiction. 5. In order to limit supervision problems, individuals who have employment that requires frequent travel, irregular hours, or no established place of business where supervisor or the individual can be contacted, will not be accepted. 6. Individuals accepted must comply with all other WCSO regulations as described in the inmate handbook and the Work Release rules. 94,0322 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT POLICY CONCERNING ELECTION CHARGES DATE June 6, 1994 PAGE 57 POLICY CONCERNING ELECTION CHARGES The Colorado Election Code was changed in 1991 requiring the County Clerk and Recorder to conduct coordinated elections beginning in 1993 for school districts, special districts, ballot issues, municipal elections conducted as part of a coordinated election, and other authorized elections; with the provision for the reimbursement of the cost of conducting such elections. By resolution dated March 15, 1993, the Board of County Commissioners approved the following policy regarding the reimbursement for costs of elections. Election Charges to an Entity Other Than Weld County A. When an election is held for any entity other than Weld County that is concurrent with a county or state election, only those additional out-of-pocket costs specifically incurred to conduct the entity's election above and beyond the normal cost of the county or state election, e.g. ballots, etc. will be charged to said entity. B. If an election is conducted at a time when a county or state election is not required, the entire cost of the election shall be borne by the entity(ies) requiring the election on a pro-rata basis that is based upon the number of registered voters in the respective entity(ies) . 94.0522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT POLICY CONCERNING RECYCLING DATE June 6, 1994 PAGE 58 POLICY CONCERNING RECYCLING By resolution of the Board dated April 21, 1993, the following policy was adopted concerning recycling. A. The Board of County Commissioners supports the recycling efforts by recycling paper, metal, water, aluminum, petroleum, and freon. B. Weld County Government wishes to serve as an example to other organizations and businesses in Weld County to purchase and use recycled materials. At present Weld County purchases and utilizes recycled products including paper, plastic and rubber products. C. Weld County recognizes that the use of recycled products reduces the waste stream generated for landfill sites. D. Weld County Government will continue to investigate the use of additional recycled products. 940522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION APPLICATIONS FOR LAND-USE MATTERS SUBJECT FOR PROPERTY PREVIOUSLY DENIED DATE June 6, 1994 PAGE 59 APPLICATIONS FOR LAND-USE MATTERS FOR PROPERTY PREVIOUSLY DENIED 1. Neither an applicant nor his successors in interest in property for which a land-use application was denied within the preceding five (5) years may submit a land-use application or request a rehearing on a previously submitted application for any portion of the property contained in the original application unless the Board of County Commissioners has determined that, based upon a showing by the applicant, there has been a substantial change in the facts and circumstances regarding the application or that there is newly discovered evidence that the applicant could not have discovered with diligent effort at the time of the original application. 2. "Substantial change in facts and circumstances" shall mean a substantial change in the land-use application, in the surrounding land-uses or in applicable provisions of the law. 3. A petition requesting rehearing on an application or permission to file another application for property previously denied a land-use permit shall be submitted to the Department of Planning Services for processing. The Department shall schedule a substantial change hearing before the Planning Commission or Board of County Commissioners. Land-use applications originally heard by only the Board of County Commissioners shall be scheduled before the board only. The Planning Commission shall consider the rehearing petition only if it considered the original land-use application. It shall review the petition and any supporting information. The Planning Commission shall consider whether the applicant has demonstrated that a substantial change in the facts or circumstances have occurred subsequent to the board's decision or that there was newly discovered evidence that the applicant could not have discovered with diligent effort at the time of the original application. The Planning Commission shall make a written recommendation of its findings to the Board of County Commissioners. 4. Legal notice of a substantial change hearing shall be published according to the method of publication for the original hearing. If originally heard before the Planning Commission, the Department of Planning Services shall be responsible for publication. If originally heard before the Board of County Commissioners, the Clerk to the Board shall be responsible for publication. OA!l1C•^,n POLICIES A N D PROCEDURES SECTION GENERAL ADMINISTRATION APPLICATIONS FOR LAND-USE MATTERS SUBJECT FOR PROPERTY PREVIOUSLY DENIED DATE June 6, 1994 PAGE 60 5. Notice of the substantial change hearing and the public hearing date shall be provided to owners of property located within five hundred (500) feet of the parcel under consideration and owners and lessees of the mineral estate on or under the parcel under consideration. The notification shall be mailed, first class, not less than ten (10) days before the scheduled public hearing. Similar notice shall also be provided any agency, body, or group who received a referral request from the Department of Planning services on the original application. Notice will not be sent to property owners concerning land use matters, such as recorded exemptions, which were not sent when the original case was heard. 6. The Board of County Commissioners shall hold a substantial change hearing after the legal notice and notices to property owner, mineral owners and lessees, and referral agencies identified in 4 and 5 have been completed. The legal notice and notification shall be done at least ten (10) days prior to the board's hearing. 7. The Board of County Commissioners may grant such a petition when it determines that the applicant has demonstrated that a substantial change in the facts or circumstances have occurred subsequent to the board's decision or that there was newly discovered evidence not available to the applicant at the time the board considered the application. The board may deny the petition solely upon the contents of the petition or when deemed advisable by the board that the applicant has failed to demonstrate that a substantial change in the facts or circumstances have occurred subsequent to the board's decision or that there was newly discovered evidence that the applicant could not have discovered with diligent effort at the time of the original application. The board shall consider the applicant's rehearing petition, the Planning Commission's recommendation, oral testimony at the public hearings, written related information, and any other relevant material in making its decision. 8. When the Board of County Commissioners grants a rehearing petition, the applicant may file a new application with the Department of Planning Services. The application shall be processed in accordance with the requirements of the Weld County Zoning Ordinance or Weld County Subdivision Regulations. 9. No petition for rehearing may be granted where the decision of the board of County Commissioners on a land-use application has been appealed or contested in any court of law, during the pendency of the court action. 940522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT PLANNING MATTERS WITH LESS THAN FULL BOARD PRESENT DATE June 6, 1994 PAGE 61 PLANNING MATTERS WITH LESS THAN FULL BOARD PRESENT When less than a full board is present to hear a planning matter, the applicant is to be advised that they may table the matter until a full board is present. Whether or not to table a matter shall be at the board's full discretion. In the event a planning matter is heard with only four members and the vote is a 2-2 tie, the matter is automatically tabled. The absent member will listen to the tapes of the proceedings. After the absent member has listened to the tapes, the matter will be reconsidered for the absent member's tie-breaking vote. AA lltrnn POLICIES A N D PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT POLICY ON COLLATERAL FOR IMPROVEMENT DATE March 23, 1992 PAGE 62 POLICY ON COLLATERAL FOR IMPROVEMENT I. General Requirements for Collateral: A. This policy shall be applied to all future Subdivision Applications, Planned Unit Development Applications and Change of Zone Applications. If this policy has not been applied to an application, the policy shall not be applied to a request for complete releases of collateral and the procedures for release of collateral shall be as set forth in the Improvements Agreement. WELD COUNTY SHALL NOT GUARANTEE MAINTENANCE OF ROADS IN DEVELOPMENTS WHICH HAVE NOT COMPLIED WITH THE PROVISIONS OF THIS POLICY. B. The value of all collateral submitted to Weld County must be equivalent to 100% of the value of the improvements as shown in the Improvements Agreement. Prior to Final Plat approval, the applicant shall indicate which of the five types of collateral he prefers to be utilized to secure the improvements subject to final approval by the Board of County Commissioners (hereinafter referred to as the board) and the execution of an Improvement Agreement. Acceptable collateral shall be submitted and the plat recorded within six months of the Final Plat approval. If acceptable collateral has not been submitted within six months then the Final Plat approval and all preliminary approvals shall automatically expire. An applicant may request that the Board of County Commissioners extend the Final Plat approval provided the cost estimates are updated and the development plans are revised to comply with all current county standards, policies and regulations. The improvements shall be completed within one year after the Final Plat approval (not one year after acceptable collateral is submitted) unless the applicant(s) requests that the Improvements Agreement be renewed at least thirty (30) days prior to its expiration and further provides that cost estimates for the remaining improvements are updated and collateral is provided in the amount of 100% of the value of the improvements remaining to be completed. If improvements are not completed and the agreement not renewed within these time frames, the board, at its discretion, may make demand on all or a portion of the collateral and take steps to see that the improvements are made. 9flfCA 2 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT POLICY ON COLLATERAL FOR IMPROVEMENT DATE March 23, 1992 PAGE 63 The applicant may choose to provide for a phased development by means of designating filings of a Planned Unit Development Plan or Final Plat Subdivision. The applicant would need only to provide collateral for the improvements in each filing as approved. The county will place restrictions on those portions of the property that are not covered by collateral which will prohibit the conveyance of the property or the issuance of building permits until collateral is provided or until improvements are in place and approved pursuant to the requirements for a Request for Release of Collateral (see III) . II. The five types of collateral listed below are acceptable to Weld County: A. An irrevocable Letter of Credit from a federal or state licensed financial institution on a form supplied by Weld County. The letter of credit shall state at least the following: 1. The Letter of Credit shall be in an amount equivalent of 100% of the total value of the improvements as set forth in Section I. B. of this policy. 2. The Letter of Credit shall provide for payment upon demand to Weld County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer has been notified of such default. 3. The developer may draw from the Letter of Credit in accordance with the provisions of this policy. 4. The issuer of the Letter of Credit shall guarantee that at all times the unreleased portion of the Letter of Credit shall be equal to a minimum of 100% of the estimated costs of completing the uncompleted portions of the required improvements, based on inspections of the development by the issuer. In no case shall disbursement for a general improvement item exceed the cost estimate in the Improvements Agreement (i.e. , streets, sewers, water mains and landscaping, etc. ) . The issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the agreement and its cost estimates. 940322 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT POLICY ON COLLATERAL FOR IMPROVEMENT DATE March 23, 1992 PAGE 64 5. The Letter of Credit shall specify that 15% of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. 6. The Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit shall be either the date of release by Weld County of the final 15%, as set forth in paragraph II A 5, or one year from the date of Final Plat approval, whichever occurs first. Said letter shall stipulate that, in any event, the Letter of Credit shall remain in full force and effect until after the board has received sixty (60) days written notice from the issuer of the Letter of Credit of the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board of County Commissioners. B. Trust Deed upon all or some of the proposed development or other property acceptable to the board provided that the following are submitted: 1. In the event property within the proposed development is used as collateral, an appraisal is required of the property in the proposed development by a disinterested M.A.I. member of the American Institute of Real Estate Appraisers indicating that the value of the property encumbered in its current degree of development is sufficient to cover 100% of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 2. In the event property other than the property to be developed has been accepted as collateral by Weld County, then an appraisal is required of the property by a M.A.I. member of the Institute of Real Estate Appraisers indicating that the value of the property encumbered in its current state of development is sufficient to cover 100% of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 940522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT POLICY ON COLLATERAL FOR IMPROVEMENT DATE March 23, 1992 PAGE 65 3. A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. 4. A building permit hold shall be placed on the encumbered property. C. Escrow Agreement that provides at least the following: 1. The cash in escrow is at least equal to 100% of the amount specified in the Improvements Agreement. 2. The escrow agent guarantees that the escrow funds will be used for improvements as specified in the agreement and for no other purpose and will not release any portion of such funds without prior approval of the board. 3. The escrow agent will be a federal or state licensed bank or financial institution. 4. If the Board of County Commissioners of Weld County determines there is a default of the Improvements Agreement, the escrow agent, upon request by the county, shall release any remaining escrow funds to the county. D. A Surety Bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to 100% of the value of the improvements as specified in the Improvements Agreement. E. A cash deposit made with the board equivalent to 100% of the value of the improvements. 940522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT POLICY ON COLLATERAL FOR IMPROVEMENT DATE March 23, 1992 PAGE 66 III. Requests for Release of Collateral: A. Prior to release of collateral for the entire project or for a portion of the project by Weld County, the developer must present a Statement of Substantial Compliance from an engineer registered in Colorado that the project or a portion of the project has been completed in substantial compliance with approved plans and specifications documenting the following: 1. The Engineer or his representative has made regular on-site inspections during the course of construction and the construction plans utilized are the same as those approved by Weld County. 2. Test results must be submitted for all phases of this project as per Colorado Department of Highway Schedule for minimum materials sampling, testing and inspections found in CDOH Materials Manual. 3. "As built" plans shall be submitted at the time the letter requesting release of collateral is submitted. The Engineer shall certify that the project "as built" is in substantial compliance with the plans and specifications as approved or that any material deviations have received prior approval from the County Engineer. 4. The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. 5. A letter must be submitted from the appropriate Fire Authority indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and state the results of fire flow tests. B. The requirements in III A 1-5 shall be noted on the final construction plans. 940522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT POLICY ON COLLATERAL FOR IMPROVEMENT DATE March 23, 1992 PAGE 67 C. Upon completion of the construction of streets within a subdivision and the filing of a Statement of Substantial Compliance, the developer(s) may request in writing that the County Engineer inspect its streets and recommend that the board accept them for partial maintenance by the county. Partial maintenance consists of all maintenance except for actual repair of streets, curbs and gutters, and related street improvements. D. Following the submittal of the Statement of Substantial Compliance and recommendation of acceptance of the streets for partial maintenance by the county, the developer(s) may request release of the collateral for the project or portion of the project by the board. This action will be taken at a regularly scheduled public meeting of the board. E. The request for release of collateral shall be accompanied by "Warranty Collateral" in the amount of 10% of the value of the improvements as shown in the Improvements Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity, special district or utility company. F. Not sooner than nine months after acceptance for partial maintenance of streets, the County Engineer shall, upon request by the developer, inspect the subject streets, notify the developer(s) of any deficiencies. The County Engineer shall re-inspect the streets after notification from the developer(s) that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to county standards, he shall recommend acceptance of streets for full maintenance to the board. Upon a receipt of a positive recommendation from the County Engineer for acceptance of streets within the development, the board shall accept said streets as public facilities and county property, and shall be responsible for the full maintenance of said streets including repair. The board, at the same time, shall release the Warranty Collateral. 90522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION PROCEDURE FOR REQUESTING SUBJECT PRE-ADVERTISING ON A LAND-USE APPLICATION DATE June 6, 1994 PAGE 68 PROCEDURE FOR REQUESTING PRE-ADVERTISING ON A LAND USE APPLICATION On June 6, 1984, the Board of County Commissioners adopted the following procedure for requesting pre-advertising on a land-use application: 1. The applicant shall submit a letter to the Clerk to the Board's Office when requesting pre-advertising for a Board of County Commissioner' s hearing for a land-use application. The letter shall set forth the reasons why the applicant is requesting the pre- advertisement. Effective January 1, 1994, an administrative fee of $35.00 shall accompany the letter. 2. The Clerk to the Board's Office shall schedule the request for pre- advertisement on the first available regular Board of County Commissioner's meeting. 3. The Clerk to the Board' s Office shall inform and furnish a copy of the letter requesting the pre-advertisement to the Department of Planning Services. 4. The applicant shall appear at the Board of County Commissioner's meeting and explain why the pre-advertisement has been requested. The applicant requesting the pre-advertisement shall give sufficient reasons why the board should approve the request for pre- advertisement. 5. If the Board of County Commissioners approves the request for pre- advertisement of the land-use application, the Department of Planning Services shall provide the following information to the Clerk to the Board's Office: A. One (1) copy of the land-use application materials submitted to the Department of Planning Services office by the applicant when the application was made; B. One (1) copy of the legal notice prepared by the Department of Planning Services staff for advertising the land-use application for the Planning Commission hearing; C. One (1) copy of the list of surrounding property owners and mineral owners certified to be accurate by the applicant or an authorized agent; 940522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION PROCEDURE FOR REQUESTING SUBJECT PRE-ADVERTISING ON A LAND-USE APPLICATION DATE June 6, 1994 PAGE 69 D. A written statement signed by the applicant or authorized agent stating that all costs associated with the pre- advertisement will be paid by the applicant; E. In cases where an authorized agent is acting on behalf of an applicant, written evidence shall be presented to show that the agent has the applicant's permission to act on his/her behalf. 6. Upon receipt of the materials by the Department of Planning Services, the Clerk to the Board's Office shall pre-advertise the land-use application in accordance with established administrative office procedures. 94.0522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT LAND-USE PACKETS DATE March 23, 1992 PAGE 70 LAND USE PACKETS Effective with the adoption of a resolution on December 7, 1983, applicants must provide the following number of Land Use Packets when submitting applications. TYPE OF CASE NUMBER OF PACKETS REQUIRED COZ 20 USR 20 USR Mining 20 SUB - SKETCH PLAN 8 SUB - PRELIMINARY PLAN 22 SUB - FINAL PLAT 22 SUB - REPLAT 20 BOA 10 RE 10 SE 8 ZPMH 8 PUD - SKETCH PLAN 8 PUD - DISTRICT 20 PUD - PLAN 22 ADDITIONAL COPIES MAY BE REQUESTED BY THE PLANNING STAFF IF THEY ARE NEEDED DURING THE REVIEW AND/OR PUBLIC HEARING PROCESS 94.0522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT RECORD OF LAND USE HEARINGS DATE March 23, 1992 PAGE 71 RECORD OF LAND USE HEARINGS A record of Land Use Hearings, by means of an electronic recording unit, shall be made that is of sufficient accuracy to permit an informed and valid judgment to be made by any person that may later be called upon to review the record and render a recommendation or decision in the matter. The board, at its discretion, may engage the services of a certified court reporter in order to make a record of the proceedings. Should any applicant or interested party to a proceeding wish the presence of a court reporter, that party or applicant shall be responsible for the cost of the appearance fee and any transcripts of the record. The party shall also provide one copy of the transcript to the Clerk to the Board of County Commissioners for its record. A request for the services of a court reporter should be made by the applicant or party or his authorized agent as soon as is practicable but not later than the close of business five (5) days prior to the date scheduled for the hearing. Each public notice published or distributed prior to the hearing should contain a sentence which states essentially as follows: "Should the applicant or any interested party desire the presence of a certified court reporter to make a record of the proceedings in addition to the taped record kept by the Clerk to the Board, they should contact the Clerk to the Board not later than five (5) days prior to the hearing. The costs of engaging a court reporter shall be borne by the requesting party." 41 n:.29 POLICIES A N D PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT APPEALS PROCESS DATE March 23, 1992 PAGE 72 APPEALS PROCESS 1. The Board of County Commissioners shall act as a board of appeals to hear complaints on actions taken by county boards, commissions and departments. Procedure for appeals shall be as set forth in this code, or by resolution of the board, except as otherwise provided by law. A. Any person appealing an action by a county board, commission or department to the Board of County Commissioners shall file such a complaint, in writing, with the Clerk to the Board of County Commissioners within sixty (60) days of the incident in question. B. Such complaint shall include: 1. The name of the employee, board, commission or department against which the complaint is made. 2. A description of the basic facts involved in the complaint. C. The Clerk to the Board shall schedule a hearing with the Board of County Commissioners, to be held within fifteen (15) days of the filing of the complaint, and shall notify all parties involved in the incident. D. The board shall hear all the available facts pertinent to the incident, may schedule a second hearing within thirty (30) days following the initial hearing if the board determines such a need, and shall render a determination within thirty (30) days of the final hearing. E. No person shall be denied the right to appeal, provided they comply with the administrative procedures established by the board. 94,0522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION GUIDELINES FOR THE REFUSAL SUBJECT TO RENEW A LIQUOR LICENSE DATE June 6, 1994 PAGE 73 GUIDELINES FOR THE REFUSAL TO RENEW A LIQUOR LICENSE Ordinance No. 102 and subsequent alpha designations, effective September 11, 1986, specifies the guidelines for the refusal to renew a liquor license in Weld County. A. The Board of County Commissioners of Weld County, Colorado, acting as the local licensing authority in Weld County, pursuant to the Colorado Liquor Code, may set a public hearing in the renewal application if it finds probable cause to believe that anyone of the factors 1 through 4 mentioned below exists, and B. The Board of County Commissioners may consider the following factors in a public hearing to determine if good cause exists to refuse the renewal of any liquor license, and such consideration is denoted as Phase I of the public hearing: 1. Whether there has been any violations in the last one-year period by the licensee or by any of the agents, servants, or employees of this licensee of the provisions of the Colorado Liquor Code, or any of the rules or regulations authorized pursuant to the Colorado Liquor Code or any of the terms, conditions, or provisions under which the license was issued. 2. Evidence showing excessive noise, rowdiness, or disturbances on the continuous basis in the immediate area of the licensed premises which was substantially as a result of the operation of the licensed premise. 3. Evidence of persons being convicted under §42-4-1202, CRS, of driving under the influence of alcohol or driving while alcohol impaired after becoming intoxicated at said licensed premises. 4. Evidence that the reasonable requirements of the neighborhood are not being met and that the licensee is no longer of good character. 940522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION GUIDELINES FOR THE REFUSAL SUBJECT TO RENEW A LIQUOR LICENSE DATE June 6, 1994 PAGE 74 C. Phase II of such public hearing shall be a determination of whether the following items mitigate or aggravate the effects of the four factors listed above, if any one of the Phase I factors are found to exist, such factors to be considered in determining whether denial of renewal is justified: 1. Seriousness of the factor in terms of the affront to the public. 2. Corrective actions taken by the license holder. 3. Prior violations, offenses, and occurrences at the licensed premises and effectiveness of prior corrective action. 4. Prior violations and offenses by the licensee. 5. Violation, offense, or occurrence as a repeated course of conduct or as a single event. 6. Likelihood of recurrence. 7. All circumstances surrounding the violation, offense, or occurrence. 8. Willfulness of violation(s) , offense(s) , or occurrence(s) . 9. Length of time the license has been held by the licensee being disciplined. 10. Previous sanctions imposed against the licensee. 11. Other factors making the situation unique to the licensee or premises subjected to discipline. D. If less than a full board is present: 1. Where only three members of the Board of County Commissioners are present for the renewal, suspension or revocation hearing under the Colorado Liquor Code, the licensee may request a continuance to a hearing date at which additional members of the board will be present. 940522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION GUIDELINES FOR THE REFUSAL SUBJECT TO RENEW A LIQUOR LICENSE DATE June 6, 1994 PAGE 75 2. Where four members of the board are present, the hearing shall proceed, at the direction of the board, provided that if any vote on the ultimate issues of suspension, revocation, or renewal results in a 2-2 tie vote, the hearing shall be adjourned until such time as the fifth Commissioner has had an opportunity to review the record. 940522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION POLICY ON 45-DAY WAIVER PURSUANT TO THE SUBJECT COLORADO BEER AND LIQUOR CODE DATE June 6, 1994 PAGE 76 POLICY ON 45-DAY WAIVER PURSUANT TO THE COLORADO BEER AND LIQUOR CODE §12-46-106(13) , and §12-47-106(1) (b) , CRS, as amended, requires the application for renewal of an existing beer or liquor license to be made to the local licensing authority not less than 45 days prior to the date of expiration and further provides that the local licensing authority, for good cause, may waive the time requirements of applying for renewal 45 days prior to expiration. By resolution dated July 7, 1993 (liquor) and November 1, 1993 (beer) , the board established the following, if they are demonstrated to have interfered with the ability of the licensee to apply prior to the 45 days preceding the expiration date, as good cause for waiver of the 45-day requirement for application for renewal prior to expiration of an existing license: 1. Medical hardship for licensee. 2. Failure of the state licensing authority to properly notify the licensee of the expiration date, unless such failure is occasioned by the licensee' s failure to advise the state licensing authority of a change in address. 3. Acts of God. 4. Damages to the licensed premises not as a result of intentional or willful misconduct by the licensee or the manager. 5. Declarations of war, imposition of martial law, or civil unrest. Qt nsc,2 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT PROCEDURES FOR PROBABLE CAUSE HEARINGS DATE March 23, 1992 PAGE 77 PROCEDURES FOR PROBABLE CAUSE HEARINGS A. PURPOSE: 1. The purpose of this outline is to provide boards, commissions, department heads, and other administrative bodies in Weld County with a set of procedures for use in probable cause hearings. B. PROCEDURE AND EVIDENCE: 1. The probable cause hearing shall be conducted informally and not subject to strict judicial or technical rules of procedure. A wide latitude in the manner of presenting the respective positions should be afforded the parties. Any person may present evidence at a probable cause hearing. Evidence shall consist of: a. Oral testimony. b. Exhibits and documentary evidence of any kind. c. Statements of the person presenting the evidence. 2. The person against whom the complaint is made may, in rebuttal, present any of the evidence listed in B. 1. C. DETERMINATION OF PROBABLE CAUSE: 1. The complaining party shall have the burden of proving that probable cause exists to have a hearing concerning the complaint. "Probable cause" is defined as a reasonable ground for belief in the existence of facts warranting the proceedings complained of. D. DECISION: 1. At the conclusion of the presentation of evidence, the board, commission, department head, or other administrative body shall make an oral decision. The decision shall be to either dismiss the case, continue the case to a time specified in the future, or to set the case for a formal show cause or other type hearing at a time specified in the future. 94,0522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT PROCEDURES FOR PROBABLE CAUSE HEARINGS DATE March 23, 1992 PAGE 78 E. NOTICE 1. Notice of the Probable Cause Hearing shall be sent by certified mail, return receipt requested, to the person against whom the complaint is made at least ten (10) days prior to the date of the hearing. Said notice shall be effective upon the date of mailing. 2. Notice may also be served upon the person against whom the complaint is made in accordance with the Colorado Rules of Civil Procedure. 3. In land-use cases when a Probable Cause Hearing results in a Show Cause Hearing being set, the Clerk to the Board will send 10 day's notice, by Certified Mail, Return Receipt Requested, to the surrounding property owners, as well as the property owner/operator. 94.0E-4-2 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT GENERAL PROCEDURES FOR ADJUDICATORY-TYPE HEARING DATE March 23, 1992 PAGE 79 GENERAL PROCEDURES FOR ADJUDICATORY-TYPE HEARING A. PURPOSE AND INSTRUCTIONS 1. The purpose of this outline is to provide boards, commissioners, department heads, and other administrative bodies in Weld County with a set of general procedures necessary to conduct hearings in accordance with due process standards. These procedures shall be used only when sections of the Weld County Administrative Code, or other Weld County regulatory ordinances or resolutions, do not specifically address the procedural problems which arise in the course of administrative hearings. If a specific procedure from the Code, an ordinance, or regulation, should conflict with any procedure from this general outline, then the specific procedure should be followed. B. PRESENCE OF PERSON AGAINST WHOM COMPLAINT IS MADE 1. A hearing may be conducted without the personal presence of the person against whom the complaint is made so long as adequate notice has been given. C. REPRESENTATION 1. The person against whom the complaint is made may be represented by counsel at the hearing. The complaining Weld County department, or its subunit, may also be represented by counsel. The board, commission, department head, or other administrative body has the option of having a legal advisor present at the hearing. D. POSTPONEMENTS AND EXTENSIONS 1. Postponements of hearings and extensions of time may be requested by either party or his designated agent. However, the granting of such postponements or extensions shall be made only upon the showing of good cause and is at the sole discretion of the presiding officer. 940522 POLICIES A N D PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT GENERAL PROCEDURES FOR ADJUDICATORY-TYPE HEARING DATE March 23, 1992 PAGE 80 E. PRESIDING OFFICER 1. The Chairman of the board, commission, other administrative body, or the department head, shall serve as the presiding officer. The presiding officer shall ensure that order is maintained and ensure that all participants in the hearing have a reasonable opportunity to be heard and to present oral and documentary evidence. He shall be entitled to determine the order of procedure during the hearing and shall have the opportunity and discretion to make all rulings on questions which pertain to matters of the conduct of the hearing and to admissibility of evidence. F. CONFLICTS OF INTEREST 1. A member of the board, commission, other administrative body, or the department head hearing the case, may withdraw at any time if he deems himself disqualified or for any other good reason, unless his withdrawal makes it impossible for the board, commission, department head, or other administrative body to render a decision. 2. Upon a timely and good faith objection to any personal bias of any member of the board, commission, other administrative body, or of the department head, the presiding officer shall forthwith rule upon the objection as part of the record in the case, and shall take any actions he deems appropriate in order to alleviate the personal bias, if so found. Any possible objection to personal bias shall be deemed waived if not made in good faith and in a timely manner as determined by the presiding officer. G. RIGHTS OF PARTIES 1. At the hearing, each of the parties shall have the right to: a. Call and examine witnesses. b. Introduce exhibits. c. Cross-examine any witnesses on any matter relevant to the issues. d. Impeach any witness. e. Rebut any evidence. 9`,.05. POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT GENERAL PROCEDURES FOR ADJUDICATORY-TYPE HEARING DATE March 23, 1992 PAGE 81 2. If the person against whom the complaint is made does not testify in his own behalf, he may be called and examined as if under cross- examination. H. PROCEDURE AND EVIDENCE 1. The hearing shall be conducted informally and not subject to strict judicial or technical rules of procedure. A wide latitude in the manner of presenting the respective positions should be afforded the parties. Evidence presented at the hearing may include the following: a. Oral testimony of witnesses. b. Briefs, memoranda, or other related information. c. Any material contained in the department files regarding the person involved. d. Any other relevant material. 2. Each party shall, prior to or during the hearing, be entitled to submit memoranda concerning any matters being considered by the board, commission, department head, or other administrative body. Such memoranda shall become a part of the hearing record. 3. The board, commission, department head, or other administrative body may receive and consider evidence not admissible under the standard rules of evidence, if such evidence possesses probative value commonly acceptable by reasonable and prudent men in the conduct of their affairs. 4. The presiding officer may exclude unduly repetitious evidence. 5. Objections to evidentiary offers may be made and shall be noted in the record. 94,0522 POLICIES A N D PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT GENERAL PROCEDURES FOR ADJUDICATORY-TYPE HEARING DATE March 23, 1992 PAGE 82 I. SPECIFIC PROCEDURES 1. Call the board, commission, or other administrative body to order and take roll. 2. Announce the matter to be heard. Determine whether all parties involved in the matter to be heard are present and that all such persons are ready to proceed. 3. Call the representative(s) of the complaining Weld County Department, or its subunit, to proceed with their case. a. They may give a short statement of their case, summarizing their position. b. They may present witnesses on direct examination. The witnesses will each then be subject to cross-examination by the other party and may be questioned by the board, commission, department head, or other administrative body. The representative(s) may then question their witnesses on any new matters brought up on cross-examination. c. They may introduce exhibits. 4. After the representative(s) of the complaining Weld County Department, or its subunit, have presented their case in chief, the other party is called to proceed and he shall present his case in the same manner as the complaining department or subunit. 5. The complaining department or sub-unit may then rebut any matter brought out in the other party's case. 6. The members of the board, commission, other administrative body, or the department head, may examine any witnesses, call any additional witnesses for examination, and request the submission of any exhibits. 94,0522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT GENERAL PROCEDURES FOR ADJUDICATORY-TYPE HEARING DATE March 23, 1992 PAGE 83 J. BURDEN OF PROOF 1. The complaining Weld County department, or its sub-unit, shall have the burden of proving its case by a "preponderance of the evidence. " Likewise, the person against whom the complaint is made shall have the burden of proving any affirmative defenses by a "preponderance of the evidence. " "Preponderance of the evidence" is defined as that evidence which is most convincing and satisfying in the controversy between the parties, regardless of which party may have produced such evidence. Colorado Jury Instructions 2d, Section 3: 1(4) . K. RECORD OF HEARING 1. A record of the hearing shall be made that is of sufficient accuracy to permit an informed and valid judgment to be made by any person that may later be called upon to review the record and render a recommendation or decision in the matter. The board, commission, department head, or other administrative body shall select a method to be used for making the record and this may be accomplished by use of a court reporter, or electronic recording unit, or detailed transcription or by taking detailed minutes. If the board, commission, department head or other administrative body selects a method other than a court reporter and the person against whom the complaint is made requests that a court reporter be used, then the requesting party shall pay the costs of the use of the court reporter. L. RECORDS AND ADJOURNMENT 1. The board, commission, department head, or other administrative body may recess the hearing and reconvene the same for the convenience of the parties or for the purpose of obtaining new or additional evidence or consultation. Upon the conclusion of the presentation of oral and written evidence, the hearing shall be closed. The board, commission, department head, or other administrative body may thereupon, at a time convenient to itself, conduct its deliberations outside the presence of the parties. Upon conclusion of its deliberations, the hearing shall be declared finally adjourned. UAlfl et7 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT GENERAL PROCEDURES FOR ADJUDICATORY-TYPE HEARING DATE March 23, 1992 PAGE 84 M. FINDINGS AND DECISION 1. Within five (5) working days after the final adjournment of the hearing, the board, commission, department head, or other administrative body shall make a written report of its findings and decisions in the matter and submit the same to the person against whom the complaint is made and the complaining Weld County department or its subunit. The decision shall be supported in the report by a concise statement citing the basis of its decision. The decision shall be based upon evidence produced at the hearing and may be announced orally and reduced to writing in accordance with this section. N. NOTICE 1. Notice of the Adjudicatory-Type Hearing shall be sent by certified mail, return receipt requested, to the person against whom the complaint is made at least ten (10) days prior to the date of the hearing. Said notice shall be effective upon the date of mailing and shall be mailed to the address listed in the permit. Notice may also be served upon the person against whom the complaint is made in accordance with the Colorado Rules of Civil Procedure. 2. Said notice shall inform the person against whom the complaint is made of the following: a. The specific circumstances of the complaint; and b. The time, date, and place of the Adjudicatory-Type Hearing. 3. Said notice shall not be necessary if the person against whom the complaint is made was present at a Probable Cause Hearing concerning the same complaint and was then notified of the time, date and place of the Adjudicatory-Type Hearing. 4. The person against whom the complaint is made shall be deemed notified of the Adjudicatory-Type Hearing if he received a copy of a resolution or other statement which specifies the outcome of the Probable Cause Hearing concerning the same complaint and which sets the time, date, and place of the Adjudicatory-Type Hearing. 9 4,.0522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION PROCEDURE FOR HEARING OF SUBJECT PETITIONS FOR TAX REFUND OR ABATEMENT DATE June 6, 1994 PAGE 85 PROCEDURE FOR HEARING OF PETITIONS FOR TAX REFUND OR ABATEMENT In accordance with the resolution adopted by the Board of County Commissioners on March 19, 1986, the following is the procedure to be followed for hearing of petitions for refund or abatement of taxes for amounts over $1, 000.00. 1. Upon the filing of a petition for abatement or refund of taxes with the Weld County Assessor, said petition shall be transmitted to the Clerk to the Board to be set for a hearing, said hearing to be held within 30 days of the receipt of the petition. 2. The Clerk to the Board shall notify the petitioner of the time, place and date when the hearing shall be held, said letter to be mailed to the address as shown on the petition, with a copy of said notification to be given to the Weld County Assessor. 3. The notification to the taxpayer shall be by certified mail, return receipt requested, and shall be mailed at least ten days prior to the hearing date unless the notice period has been waived in writing or on the record, by both the taxpayer and the Assessor or his designated representative. 4. The burden by a preponderance of the evidence shall be on the taxpayer to show that the tax was levied erroneously or illegally, whether due to irregularity in levying or clerical error. The Assessor or, where appropriate, the Treasurer shall also have the opportunity to appear and present evidence. 5. Upon conclusion of the hearing, the board shall indicate its decision by voice vote, and the Chairman shall then sign the resolution of decision which is attached to the petition. If the board's decision is for denial of the petition, copies of the resolution shall be transmitted to the taxpayer, the Assessor, and the Treasurer. If the board's decision is for approval of the petition, the copies of the resolution shall be transmitted to the Department of Local Affairs, Division of Property Taxation, for its decision. In accordance with state statute the Board of County Commissioners approved a resolution dated January 19, 1994, authorizing the Assessor to review Petitions for Abatement or Refund and to settle by written mutual agreement any such Petition for Abatement or Refund of Taxes in an amount of $1, 000 or less per tract, parcel, or lot of land, or per schedule of personal property. The Assessor will give a written report to the board, on a monthly basis, of any such Petition for Abatement or Refund of Taxes which were settled by him. 94,0322 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT ASSESSMENT ARBITRATION RULES AND PROCEDURES DATE March 23, 1992 PAGE 86 ASSESSMENT ARBITRATION RULES AND PROCEDURES The board, by resolution on September 13, 1989, adopted the following Rules and Procedures for Assessment Arbitration: 1. SCOPE: To give taxpayers an alternative to pursuing an appeal of the County Board of Equalization's decision through either the Board of Assessment Appeals or the District Court, an arbitration process is hereby implemented pursuant to 39-8-108, CRS. 2. ARBITRATORS: The Board of County Commissioners will maintain a list of qualified persons who shall act as arbitrators of property valuation disputes. Such list will be kept on file in the Office of the Weld County Clerk to the Board. Such list will be updated or revised as deemed necessary by the Board of County Commissioners. A. QUALIFICATIONS: To qualify as an arbitrator an individual, in addition to being knowledgeable in the areas of property valuation and taxation, shall be any one of the following: an attorney licensed to practice in Colorado, an appraiser who is a member of the institute of real estate appraisers or its equivalent, a former county assessor, a retired judge or a licensed real estate broker. B. SELECTION OF ARBITRATOR: The taxpayer and the county Board of Equalization's representative shall select an arbitrator from the list on file with the Clerk to the Board upon advancement of fees as provided for in subsequent paragraphs. In the absence of an agreement between the taxpayer and the county Board of Equalization, the District court shall select an arbitrator from said list. C. OATH: Promptly after an arbitrator is selected, he or she shall sign, file with the county, and mail to each party the affirmation/oath set forth in the forms section of these rules. 3. ARBITRATION PROCEDURES: A. FILING: Within thirty (30) days of the county Board of Equalization's decision, any taxpayer who plans to pursue arbitration shall notify the board of his intent to pursue arbitration. 940522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT ASSESSMENT ARBITRATION RULES AND PROCEDURES DATE March 23, 1992 PAGE 87 B. PETITION: After filing his intent to pursue arbitration but no later than close of business on the first Monday in October, the taxpayer shall file, on forms provided, along with the fees as required by subsequent paragraphs of these rules, a petition requesting arbitration. The petition shall include the following: 1. Name of petitioner 2. Property in question -- address and schedule number 3. Type of property -- residential or other 4. Issues for arbitration 5. Fees have been advanced or fees are in negotiation with the county and will be advanced to be held in trust pending the referee's decision 6. The arbitrator designated by the petitioner C. FEES: Residential property -- At the time the taxpayer files his petition requesting arbitration for residential property, said taxpayer shall advance $150.00 to the Clerk to the Board of Weld County to be held in trust to cover fees and expenses of said arbitration. Said fees will be held in trust and will be disbursed as provided in the arbitrator's decision. The fee will be either returned to taxpayer or paid to the arbitrator depending on the arbitrator's decision. D. FEES: Other Taxable Property -- For cases concerning any taxable property other than residential real property the taxpayer shall, no later than close of business on the first Monday in October, contact the County Assessor or his representative to determine an estimated fee for arbitration. Fees shall be computed at $150.00 per hour rate. Upon agreement and deposit of fees with the Clerk to the Board's Office to be held in trust pending the arbitrator's decision, the matter will be assigned to the arbitrator. The fees will be either returned to the taxpayer or paid to the arbitrator depending upon the terms of the arbitrator's decision. 9 f3?r POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT ASSESSMENT ARBITRATION RULES AND PROCEDURES DATE March 23, 1992 PAGE 88 E. FEES: Waiver -- Any taxpayer who is unable to advance the fees from arbitration can apply for a waiver of this requirement to the Board of County Commissioners. Grounds for granting a waiver will be upon satisfactory documented proof of indigency by the taxpayer. F. HEARINGS: 1. Assignment -- Upon payment of the fees or upon waiver of fees as outlined above and the filing of the petition, the case will be assigned to the arbitrator selected in accordance with these rules. 2. Scheduling -- Arbitration hearings shall be held within sixty (60) days from the date the arbitrator was selected. The hearings shall be at a time and place set by the arbitrator with the mutual consent of the taxpayer and the county Board of Equalization's representative, the Assessor. 3. Procedure -- The arbitrator shall preside at the hearing. Arbitration hearing procedures shall be informal and strict rules of evidence shall not apply except as deemed necessary by the arbitrator in the interests of justice. All questions of law and fact shall be determined by the arbitrator. The arbitrator may determine time limitations or make other decisions in order to conduct a reasonable and fair hearing. 4. Subpoenas -- The arbitrator may issue or cause to be issued subpoenas for attendance of witnesses and for the production of books, records, documents and other evidence and shall have the power to administer oaths. Subpoenas so issued shall be served and, upon application to the District Court by the taxpayer or county Board of Equalization or the arbitrator, be enforced in a manner provided by law for service and enforcement of subpoenas in civil actions. 5. Parties' attendance -- The taxpayer and county Board of Equalization shall be entitled to attend, personally or with counsel, and participate in the proceedings. Such participation may include the filing of briefs and affidavits. 6. The hearings can be open to the public; however, upon agreement of both parties, the proceedings may be confidential and closed to the public. 94.0522 POLICIES A N D PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT ASSESSMENT ARBITRATION RULES AND PROCEDURES DATE March 23, 1992 PAGE 89 7. Record of Proceedings -- No record of the proceedings is required. G. ARBITRATOR'S DECISION: The arbitrator's decision shall be in writing and signed by the arbitrator. The arbitrator shall deliver a copy of his decision to the parties personally or by registered mail within ten (10) days of the hearings. Such decision shall be final and not subject to review or appeal. The arbitrator's decision shall include: 1. The county docket number. 2. The title of the document as "ARBITRATION AWARD". 3. The full case name. 4. The identities of the parties who were present at the hearing, either in person or by counsel. 5. That the arbitrator has found in favor of the taxpayer or the county Board of Equalization and against the other party. 6. The particular schedule number in question or dispute. 7. The amount of change in valuation of the subject property, if any. 8. The amount of the arbitrator's fees and expenses not including counsel' s fees incurred in conducting the arbitration and which party or both are to pay those fees. NOTE: Arbitrator's fees for residential real property shall not exceed $150.00. For all other property arbitrator's fees shall be an amount agreed upon by the taxpayer and county. 9. A signature line for the arbitrator and the date of the decision. 10. Witness fees and costs -- Each party shall pay the party's own witness fees, attorney's fees and miscellaneous costs. 94,0522 POLICIES A N D PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT AIDS POLICY DATE March 23, 1992 PAGE 90 AIDS POLICY Because AIDS is a bloodborne, sexually transmitted disease that is not spread by casual contact, this document does not recommend routine HIV antibody screening for the groups addressed. Because AIDS is not transmitted through preparation for serving of food and beverages, these recommendations state that food-service workers known to be infected with AIDS should not be restricted from work unless they have another infection or illness for which such restriction would be warranted. Persons at increased risk for acquiring infection with human immunodeficiency virus, the virus that causes Acquired Immunodeficiency Syndrome (AIDS) , include homosexual and bisexual men, intravenous (IV) drug abusers, persons transfused with contaminated blood or blood products, heterosexual contacts of persons with HIV infection, and children born to infected mother. HIV is transmitted through sexual contact, parenteral exposure to infected blood or blood components, and perinatal transmission from mother to neonate. The kind of nonsexual person-to- person contact that generally occurs among workers and clients or consumers in the workplace, does not pose a risk for transmission of HIV. Transmission from Patients to Health Care Workers: Recommendations for Health Care Workers emphasize precautions appropriate for preventing transmission of bloodborne infectious diseases, including HIV and Hepatitis infections. Thus, these precautions should be enforced routinely, as should other standard infection-control precautions, regardless of whether Health Care Workers or patients are known to be infected with HIV. In addition to being informed of these precautions, all Health Care Workers, including students and house-staff, should be educated regarding the epidemiology, modes of transmission and prevention of HIV infection. Recommended Precautions for Health Care Workers: These precautions represent prudent practices that apply to preventing transmission of HIV and other bloodborne infections and should be used routinely. 1. Sharp items (needles, scalpel blades, and other sharp instruments) should be considered as potentially infective and be handled with extraordinary care to prevent accidental injuries. 94.®522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT AIDS POLICY DATE March 23, 1992 PAGE 91 2. Disposable syringes and needles, scalpel blades, and other sharp items should be placed into puncture-resistant containers located as close as practical to the area in which they were used. To prevent needlestick injuries, needles should not be recapped, purposefully bent, broken, removed from disposable syringes, or otherwise manipulated by hand. 3. When the possibility of exposure to blood or other body fluids exists, routinely recommended precautions should be followed. The anticipated exposure may require gloves, alone, as in handling items soiled with blood or equipment contaminated with blood or other body fluids, or may also require gowns, masks, and eye-coverings when performing procedures involving more extensive contact with blood or potentially infective body fluids, as in some dental or endoscopic procedures or postmortem examinations. Hands should be washed thoroughly and immediately if they accidentally become contaminated with blood. 4. To minimize the need for emergency mouth-to-mouth resuscitation, mouth pieces, resuscitation bags, or other ventilation devices should be strategically located and available for use in areas where the need for resuscitation is predictable. Resuscitation equipment and devices, known or suspected to be contaminated with blood or other body fluids, should be used once and disposed of or be thoroughly cleaned and disinfected after use. 5. Pregnant Health Care Workers are not known to be at greater risk of contracting HIV infections than Health Care Workers who are not pregnant; however, if a Health Care Worker develops HIV infection during pregnancy, the infant is at increased risk of infection resulting from perinatal transmission. Management of Parenteral and Mucous Membrane Exposures of Health Care Workers: If a Health Care Work has a parenteral (e.g. needlestick or cut) or mucous membrane (e.g. splash to the eye or mouth) exposure to blood or other body fluids, the source patient should be assessed clinically and epidemiologically to determine the likelihood of HIV infection. If the assessment suggests that infection may exist, the patient should be informed of the incident and requested to consent to serologic testing for evidence of HIV infection. The Health Care Worker should be evaluated clinically and serologically for evidence of HIV infection as soon as possible after the exposure, and if seronegative, retested after 6 weeks and on a periodic basis thereafter (e.g. 3, 6 months following exposure) to determine in transmission has occurred. n A ntrearl POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT AIDS POLICY DATE March 23, 1992 PAGE 92 Transmission from Health Care Worker to Patients: Health Care Workers known to be infected with HIV who do not perform invasive procedures, need not be restricted from work unless they have evidence of other infection or illness for which any Health Care Worker should be restricted. Precautions to Prevent Transmission of HIV Infection from Health Care Workers to Patients: These precautions apply to all Health Care Workers, regardless of whether or not they perform invasive procedures: 1. All Health Care Workers should wear gloves for direct contact with mucous membranes or non-intact skin of all patients. 2. Health Care Workers who have exudative lesions or weeping dermatitis should refrain from all direct patient care and from handling patient-care equipment until the condition resolves. Management of Parenteral and Mucous Membrane Exposure to Patients: If a patient has a parenteral or mucous membrane exposure to blood or other body fluids of a Health Care Worker, the patient should be informed of the incident and the same procedure outlined above for exposures to Health Care Workers to patients should be followed for both the source Health Care Worker and the potentially exposed patient. Risk of Occupational Acquisition of Other Infectious Disease by Health Care Workers Infected with HIV: Health Care Workers who are known to be infected with HIV and who have defective immune systems are at increased risk of acquiring or experiencing serious complications of other infectious disease. Of particular concern is the risk of severe infection following exposure to patients with infectious disease that are easily transmitted if appropriate precautions are not taken (e.g. , tuberculosis) . Health Care Workers infected with HIV should be counseled about the potential risk associated with taking care of patients with transmissible infections and should continue to follow existing recommendations for infection control to minimize their risk of exposure to other infectious agents. The Health Care Workers personal physician(s) , in conjunction with their institution's personnel health services or medical directors, should determine on an individual basis whether the infected Health Care Workers can adequately and safely perform patient-care duties, and suggest changes in work assignments if indicated. 944522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT AIDS POLICY DATE March 23, 1992 PAGE 93 Sterilization, Disinfection, Housekeeping, and Waste Disposal to Prevent Transmission of HIV: Sterilization and disinfection procedures currently recommended for use in health care and dental facilities are adequate to sterilize or disinfect instruments, devices, or other items contaminated with the blood or other body fluids from individuals infected with HIV. Laundry and dishwashing cycles commonly used in hospitals are adequate to decontaminate linens, dishes, glassware and utensils. When cleaning environmental surfaces, housekeeping procedures commonly used in hospitals are adequate; surfaces exposed to blood and body fluids should be cleaned with a detergent followed by decontamination using an EPA approved hospital disinfectant that is mycobactericidal. Individuals cleaning up such spills should wear disposable gloves. Blood and other specimens should be labeled prominently with a special warning such as "Blood Precautions". All blood specimens should be placed in a second container for transport. The container should be examined carefully for leaks or cracks. Spills of blood or other bodily fluids should be cleaned with soap and water or a household detergent. Individuals cleaning up such spills should wear disposable gloves. A disinfectant solution of freshly prepared 1:10 dilution of sodium hypochlorite (household bleach) should be used to wipe the area after cleaning. Articles soiled with blood should be placed in an impervious bag prominently labeled "Blood Precautions" before being sent for reprocessing or disposal. Alternatively, such contaminated items may be placed in plastic bags of a particular color designated solely for disposal of infectious wastes by the hospital. Disposable items should be incinerated or disposed of in accord with the hospital's policies for disposal of infectious wastes. Reusable items should be reprocessed in accordance with hospital policies for hepatitis B virus-contaminated items. Lensed instruments should be sterilized after use on AIDS patients. Blood and other body fluids can be flushed down the toilet. 94,0522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT AIDS POLICY DATE March 23, 1992 PAGE 94 Considerations Relevant to Other Workers: PERSONAL SERVICE WORKERS. Personal Service Workers are defined as individuals whose occupations involve close personal contact with clients (e.g. , hairdressers, barbers, estheticians, cosmetologists, manicurists, pedicurists, massage therapists) . Personal Service Workers whose services (tattooing, ear piercing, acupuncture, etc. ) require needles or other instruments that penetrate the skin, should follow precautions indicated for Health Care Workers. Any Personal Service Worker with exudative lesions or weeping dermatitis, regardless of HIV infection status, should refrain from direct contact with clients until the condition resolves. Personal Service Workers known to be infected with HIV need not be restricted from work unless they have evidence of other infections or illnesses for which any Personal Service Worker should also be restricted. FOOD SERVICE WORKERS. Food Service Workers are defined as individuals whose occupations involve the preparation or serving of food or beverages (e.g. , cooks, caterers, servers, waiters, bartenders, airline attendants) . All epidemiologic and laboratory evidence indicates that bloodborne and sexually transmitted infections are not transmitted during the preparation or serving of food or beverages, ad no instances of HBV or HIV transmission have been documented in this setting. All Food Service Workers should follow recommended standard practices of good personal hygiene and food sanitation. All Food Service Workers should exercise care to avoid injury to hands when preparing food. Should such an injury occur, both aesthetic and sanitary considerations would dictate that food contaminated with blood be discarded. Food Service Workers known to be infected with HIV need not be restricted from work unless they have evidence of other infection or illnesses for which any Food Service Worker should also be restricted. OTHER WORKERS SHARING THE SAME ENVIRONMENT. no known risk of transmission to co- workers, clients, or consumers exists from HIV infected workers in other settings (e.g. , offices, schools, factories, construction sites) . Workers known to be infected with HIV should not be restricted from work solely based on this finding. Moreover, they should not be restricted from using telephones, office equipment, toilets, showers, eating facilities, and water fountains. Equipment contaminated with blood or other body fluids of any worker, regardless of HIV infection status, should be cleaned with soap and water or a detergent. A disinfectant solution or a fresh solution of sodium hypochlorite (household bleach) should be used to wipe the area after cleaning. 94,0522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT EMPLOYEE CAR POOLING DATE March 23, 1992 PAGE 95 EMPLOYEE CAR POOLING It is the policy of Weld County to encourage all Weld County employees to enter into car pooling arrangements with other employees for transportation to and from work to the end that energy may be conserved and further, to reduce the problem created by the limited number of parking spaces available in the Weld County Centennial Center, and the area adjacent to the Weld County Centennial Center. 9110S22 POLICIES A N D PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT COLLECT CALLS BY EMPLOYEES TO CENTENNIAL CENTER DATE June 6, 1994 PAGE 96 COLLECT CALLS BY EMPLOYEES TO CENTENNIAL CENTER No collect calls shall be accepted by the county switchboard, except as designated by the Board of County Commissioners. A. The County Commissioners shall institute a system of telephone credit cards to be used by departments who, within their normal conduct of county business, find it necessary for employees located outside of the Centennial Center to contact the Center on a regular basis. B. The cards shall be issued by the County Commissioners on a department-by-department basis as the need for such cards is demonstrated. The request for department credit cards shall be made by the department head. C. Each card shall be coded to denote the employee user. Only those charges for calls made to the employee's department number shall be accepted. Charges for any calls made by an employee or official using a county credit card which are not made to the employee's department number shall be deducted from the individual's paycheck. D. The Board of County Commissioners shall have the right to require any department or individual to discontinue the use of credit cards upon evidence of misuse. E. Exceptions to this policy: 1. The Sheriff and District Attorney' s offices shall continue to work under the present credit card agreement existing between those departments and the Phone Services Department. F. Criteria to be used by the County Commissioners in determining need: 1. If the quantity of such calls required on a regular basis is significant. 2. If the vehicles used by the requesting department or individual do not have two-way communications equipment. 90524.42 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION REIMBURSEMENT POLICY FOR DAMAGE INCURRED DURING SUBJECT EMERGENCY, DISASTER, OR SEARCH AND RESCUE SITUATIONS DATE March 23, 1992 PAGE 97 REIMBURSEMENT POLICY FOR DAMAGE INCURRED DURING EMERGENCY, DISASTER, OR SEARCH AND RESCUE SITUATIONS The Board of County Commissioners of Weld County on April 4, 1984, adopted the following policy: In the event of an emergency, disaster or search and rescue situation, the Sheriff or Board of County Commissioners, as appropriate, may request an employee, volunteer, or reserve deputy to utilize their vehicle or equipment in connection with the emergency, disaster, or search and rescue operation. In the event the vehicle or equipment is damaged due to extraordinary use out of no negligence of the claimant, as determined by the Sheriff or Board of County Commissioners, the claimant employee, volunteer, or reserve deputy may be reimbursed for actual damages as determined by the county's insurance adjuster for damage incurred in connection with the extraordinary use associated with the emergency, disaster, or search and rescue situation, in addition to normal mileage reimbursement. This policy shall not extend to normal use of private vehicles reimbursed for mileage by Weld County for normal county business, heavy equipment contractors under contract to Weld County for any purpose, or aircraft. 94:0522 nrr?2 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION COMPENSATION TO INDIVIDUALS FOR LOSSES ASSOCIATED SUBJECT WITH ANIMALS & EQUIPMENT WHILE IN VOLUNTEER CAPACITY DATE March 23, 1992 PAGE 98 COMPENSATION TO INDIVIDUALS FOR LOSSES ASSOCIATED WITH ANIMALS AND EQUIPMENT WHILE IN VOLUNTEER CAPACITY The Board of County Commissioners of Weld County, on July 27, 1988, adopted the following policy: "That within the self-insurance fund of Weld County, funds shall be provided to insure volunteers ' dogs and horses and associated equipment from losses or damages incurred while performing in a volunteer capacity for the Sheriff in amounts not to exceed $2,000 for loss or injury to the animal and $500 for loss or damage to associated equipment for any single occurrence with the claim to be determined by the Sheriff based upon fair market value of the loss incurred, said decision by the Sheriff shall be the final administrative decision. This action is not intended as a waiver of sovereign immunity pursuant to CRS Section 24-10-104 (1987 Cum. Supp. ) but is intended as reimbursement for volunteer's expenses." 94.0522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT EMERGENCY CLOSING PROCEDURE DATE March 23, 1992 PAGE 99 EMERGENCY CLOSING PROCEDURE At times heavy snow, power outages or other emergencies may require emergency closing for Weld County offices. A. In the event of emergency closing the following procedures will be followed: 1. The Personnel Department will periodically contact appropriate emergency services office to update the status of road or power conditions. 2. Conditions will be reported to the Board of County Commissioners and the Director of Finance and Administration. 3. The board will determine if and when offices will be closed. 4. The Personnel Department will notify all county departments with the effective time of closing. B. Should emergency conditions occur before normal working hours, employees are urged to listen to local radio stations. C. Employees should reference Personnel Manual Section "Closure of County Operations" to see how closure impacts leave days and pay. 94,0522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SMOKING IN BUILDINGS AND VEHICLES SUBJECT UNDER THE CONTROL OF WELD COUNTY DATE March 23, 1992 PAGE 100 SMOKING IN BUILDINGS AND VEHICLES UNDER THE CONTROL OF WELD COUNTY (Adopted by board resolution on May 9, 1988. ) Effective July 1, 1988, smoking is prohibited in all buildings and vehicles under the control of Weld County, Colorado, by and through the Board of County Commissioners of Weld County. Signs will be posted in all buildings and vehicles which shall notify employees and visitors of this policy. Employees of Weld County found to be in violation of this policy will be subject to disciplinary actions as stated in Weld County Ordinance 11118, as amended; the Weld County Personnel Policy Handbook. If visitors are found to be in violation of this policy, they will be notified of it and asked to extinguish their smoking materials. POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT ROAD AND BRIDGE POLICIES DATE June 12, 1992 PAGE 101 ROAD AND BRIDGE POLICIES 1. Countywide System for Roads and Bridges: (Adopted by resolution of the board on 1/12/86. ) The Board of County Commissioners adopted a concept of a countywide system for roads and bridges, subject to the power of the board to make whatever changes it may deem necessary in this system as the needs of Weld County change in the future. 2. Culvert Policy: (Adopted by resolution of the board on 2/12/86. ) It shall be the policy of the County of Weld that whenever the installation of any culvert is made necessary by the creation of a new access from private property to a county road by the owner or occupier of such property, by any alteration of the natural flow of water across private property by the owner or occupier of such property, or for any other reason as occasioned by any owner or occupier of private property, then, in all such cases, such owner or occupier shall pay for the new culvert and the cost of installation. The culvert shall be installed according to the specifications of the Department of Engineering of Weld County, Colorado, as to size and location in the county right-of-way or other county property in which such culverts may be installed. In the case of new construction, the Weld County Building Inspection Department will not issue a Certification of Occupancy until all required culverts are installed. After installation, such owner or occupier shall be responsible for the maintenance and repair of said culvert. If, after installation, such owner or occupier is notified of the need for maintenance or repair in such a culvert, said owner or occupier shall have a reasonable time to make such repair and maintenance, or Weld County shall perform such repair or maintenance and bill the responsible party. This policy shall apply to all new and existing culverts of the type described above. 3. Maintenance of Culverts, Bridges, or Similar Structures Used For Irrigation Purpose: (Adopted by resolution of the board on 2/12/86. ) The county's duty to maintain culverts, bridges, or similar structures used for irrigation purposes shall be in accordance with the following statutory requirements: 940522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT ROAD AND BRIDGE POLICIES DATE June 12, 1992 PAGE 102 §43-5-305(1) , CRS. "Any person or corporation owning or constructing any ditch, race, drain, or flume in, upon, or across any highway shall keep the highway open for safe and convenient travel by constructing culverts, bridges, or similar structures over such ditch, race, drain, or flume. When any ditch is constructed across, in, or upon any highway, the person owning or constructing such ditch shall construct a culvert, bridge, or similar structure long enough to conduct the water from shoulder to shoulder from such road or highway or of such greater length as the board of county commissioners having jurisdiction thereover may require, plans for said culvert, bridge, or similar structure having been approved in advance by said board of county commissioners. The board of county commissioners shall maintain said culvert, bridge, or similar structure after construction, in accordance with the provisions of §37-84-106, CRS. " §37-84-106, CRS. "All bridges constructed over any ditch, race, drain, or flume, crossing any public highway, street, or alley, after construction, shall be maintained by and at the expense of the county or municipality in which such ditch, race, drain, or flume may be situated." 4. Use of County Borrow Pits Along Weld County Roads for Irrigation Runoff and Other Uses: (Adopted by resolution of the board on 2/12/86. ) Persons in Weld County who are currently using borrow pits along Weld County roads for irrigation runoff and other uses, whether the consent to such uses was originally given expressly or implied, may continue such uses as long as the following conditions are met: A. That said persons must prevent said irrigation runoff or other uses from causing silt, other sediment, or weeds to accumulate in the borrow pits so that proper drainage is inhibited. B. That said persons must prevent the blockage of said borrow pits and must not alter the direction or rate of flow in any manner in the borrow pits. C. That said persons must prevent said irrigation runoff and other uses from causing damage to Weld County roads. 94.0522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT ROAD AND BRIDGE POLICIES DATE June 12, 1992 PAGE 103 If the Board of County Commissioners of Weld County, Colorado, determines that users are violating the above-stated conditions, the board may consider the revocation of its prior consent, whether express or implied, and require, as a condition of any new consent, that users enter into written agreements with Weld County, whereby users promise to clean silt, other sediment, and weeds from the borrow pits for the purpose of facilitating proper drainage, and to make sure that the same is not deposited upon Weld County roads. New consent by the Board of County Commissioners of Weld County, Colorado, is contingent upon compliance with all terms and conditions of agreement. The board will take an affirmative role in the coordination and establishment of agreements after new consent is given. The Board of County Commissioners of Weld County, Colorado, reserves the right to revoke prior consent or new consent, whether express or implied, at any time. The board also reserves its right to alter or amend the standards listed in paragraphs a through d above. 5. Acquisition of Required Permits for Road and Bridge Operations: (Adopted by resolution of the board on 2/12/86. ) It shall be the policy of Weld County that Weld County shall obtain all required state and federal permits for Road and Bridge operations. Weld County will acquire, in its name, all gravel mining permits for gravel permits on county-owned property. When the property is not owned by the county, the owner of the property shall contractually have the obligation to get the gravel mining permit and, if applicable, the cost of permitting can be negotiated in the contract agreement approved by the Board of County Commissioners for county gravel operations on other than county-owned property. 6. Rural Subdivision Roads in Weld County: (Adopted by resolution of the board on 2/12/86. ) It shall be the policy of Weld County that rural subdivisions requiring road upgrades or improvements to accommodate traffic or when citizens of the subdivision request upgrades to existing roads, that local improvement districts will be created and an assessment made against the property owners benefitting from the improvements. Weld County shall only provide normal maintenance to existing roads in rural subdivisions with Road and Bridge funds. 94..0522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT ROAD AND BRIDGE POLICIES DATE June 12, 1992 PAGE 1O4 7. Policy for Cattle Guards on Weld County Roads: (Adopted by resolution of the board on 2/12/86. ) The following policy concerning the maintenance and repair of cattle guards on Weld County roads has been adopted by the Board of County Commissioners: A. Installation. Any rancher in Weld County, Colorado, who wishes to install a cattle guard on any Weld County road may do so only upon the following conditions: 1) Said rancher shall pay the entire cost of said installation. 2) Said rancher shall notify the Weld County Engineer of his/her intentions to install a cattle guard on any Weld County road before said installation occurs. Notification must be written and must be received by the Weld County Engineer at least fifteen (15) days prior to the date of said installation. 3) Any cattle guard which is installed upon a Weld County road must comply with any and all standards required by the Weld County Engineer, including but not limited to Weld County's "Guidelines for Cattle Guard Replacement". 4) Said rancher shall enter into a contract with Weld County detailing the rights and obligations concerning both Weld County and said rancher towards the maintenance and repair of said cattle guard. B. Cleaning. Any rancher who benefits from any cattle guard located upon any Weld County road has the responsibility to periodically clean the space within the cement box and below the grate of said cattle guard. The word "clean" includes the removal of all sand, dirt, silt, and other solid debris. Said rancher may request Weld County to perform the cleaning for said rancher; however, the cost of the cleaning will be billed to the rancher and the rancher shall pay said bill within thirty (30) days of receipt thereof. Si! QC22 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT ROAD AND BRIDGE POLICIES DATE June 12, 1992 PAGE 105 All cleaning of said cattle guard must be completed within one (1) working day. Rancher shall notify the Weld County Department of Engineering of his intention to perform said cleaning prior to commencing the work. If the rancher believes that such cleaning is likely to extend into the next working day, said rancher shall replace the grate of said cattle guard before twilight. The road on which the grate is located shall be closed during the cleaning. The rancher has the duty to place all signs necessary in order to warn oncoming motorists of the road closure, using signs in accordance with the Manual on Uniform Traffic Control Devices. The rancher may use signs provided by Weld County for such purposes. C. Repair. The repair of any cattle guard on any Weld County road shall be the joint responsibility of Weld County and the rancher who benefits from said cattle guard. Weld County shall provide the labor for said repair. Weld County shall pay for materials to repair the metal grate. The rancher shall be responsible for all other materials used in said repair. D. Replacement. In the event any cattle guard located upon any Weld County road is deemed by Weld County to be beyond the state of repair, said cattle guard shall be replaced. Weld County shall provide the labor for said replacement and shall pay for the new metal grate. The rancher shall be responsible for all other materials used in said replacement. The replacement shall be in accordance with Weld County's "Guidelines for Cattle Guard Replacement". E. Notification of the Need for Repair. It is the responsibility of any rancher who benefits from any cattle guard located upon any Weld County road to notify county of the need for repair of said cattle guard. Said rancher must notify county within the same 24-hour period in which the rancher obtains the knowledge of the need for repair. F. Contract with Weld County. Any rancher who benefits from any cattle guard located upon any Weld County road must enter into a contract with Weld County detailing the rights and obligations concerning both Weld County and said rancher towards the maintenance and repair of said cattle guard, or Weld County will remove the cattle guard. 94.0,5.2 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT ROAD AND BRIDGE POLICIES DATE June 12, 1992 PAGE 106 8. Use of Road Rights-of-Way by Pipeline Companies: (Adopted by resolution of the board on 2/12/86. ) The use of road rights-of-way by pipeline companies is governed by §38-5-101, CRS: "Any domestic or foreign telegraph, telephone, electric light power, gas, or pipeline company authorized to do business under the laws of this state or any city or town owning electric power producing or distribution facilities shall have the right to construct, maintain, and operate lines of telegraph, telephone, electric light, wire or power or pipeline along, across, upon, and under any public highway in this state, subject to the provisions of this article. Such lines of telegraph, telephone, electric light, wire or power or pipeline shall be so constructed and maintained as not to obstruct or hinder the usual travel on such highway." The statute requires that Weld County must allow a pipeline company, private or public, to use county road rights-of-way for installing pipeline, so long as their use does not interfere with the normal use of the roadway. There may be some variance to this general principle depending upon whether or not the county has simply a right-of-way or a fee interest in the road. A fee interest may require the company to obtain an easement. A right-of-way may not. If the company is engaged in interstate commerce, it would also be regulated by the federal government. If it is engaged in intrastate commerce, it may be regulated by the state government through the P.U.C. 9. Sign Making Policy: (Adopted by resolution of the board on 2/12/86. ) The county sign shop shall produce signs only for maintained Weld County roads in subdivisions, unincorporated areas and unincorporated towns. 94,0522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT ROAD AND BRIDGE POLICIES DATE June 12, 1992 PAGE 107 10. Personal Use of Grader Sheds: (Adopted by resolution of the board on 2/12/86. ) Grader operators living adjacent to county grader sheds may use grader sheds in accordance with the agreement entered into by the county and operator. Grader operators may park vehicles owned by them in grader sheds while performing road maintenance work for the county if the personal vehicle is not parked in the grader shed in lieu of a county owned grader. Any personal use of grader sheds by county employees or any other individual except as specified above is prohibited by the Board of County Commissioners. 11. Utilities and Rents for Grader Sheds: (Amended by resolution of the board on 2/12/86. ) Effective January 1, 1983, the Board of County Commissioners adopted the policy that where the county owns a house adjacent to a grader shed or a trailer pad, that item associated with the grader shed will be provided at no cost. Electricity will be provided for the dwellings located at the Kiowa grader shed and Gwonda grader shed while the current employees utilize and operate out of those grader sheds. However, when the current operator ceases to utilize one of the above named grader sheds, that electricity will not be provided to dwelling of the new employee or employee assigned to those grader sheds. Effective with this policy, the utility of gas is no longer to be provided to any grader operator in Weld County. 12. Expenditure of County Funds for the Construction, Upgrade, Paving, and/or Maintenance of Streets, Roadways, and/or Highways located within Incorporated Municipal Boundaries: (Adopted by resolution of the board on February 12, 1992. ) No Weld County funds shall be spent on the construction, upgrade, paving, and/or maintenance of streets, roadways, and/or highways located within incorporated municipal boundaries, with the exception of funds which are reimbursed to Weld County, Colorado, on a dollar-for-dollar basis, and with the exception of funds provided (or services in lieu thereof) to municipalities by Weld County pursuant to Section 43-2-202, CRS. 90522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT FUGITIVE DUST CONTROL ON WELD COUNTY ROADS DATE March 23, 1992 PAGE 108 FUGITIVE DUST CONTROL ON WELD COUNTY ROADS It shall be the policy of the Board of Weld County Commissioners to address fugitive dust on Weld County roads as follows: 1. Fugitive dust control will be performed on Weld County roads only where the cost of dust control chemicals is reimbursed to Weld County by the individuals requesting dust control chemicals or by other separate funding mechanisms. 2. Weld County has no objection to individuals applying dust control chemicals providing they agree in writing to the following conditions: A. Chemicals that are used for dust control may not contain any hazardous substances as defined in Colorado Revised Statutes, Section 29-22-101. Individuals are advised that petroleum products, whether commercially processed or not, may contain hazardous substances. B. Petroleum products that contain naphtha or other combustible material may not be used. C. Dust control chemicals must be applied in such a manner that will not contaminate any waters of the state. Therefore, material that may wash from the roadbed will not be suitable. D. Weld County will make every effort not to disturb the section of road that has been treated with dust control chemicals. However, it will be the county's decision at what point the area must be graded. Weld County will not be responsible for reapplying dust control chemicals. E. Individuals that choose to apply dust control chemicals will be responsible for knowing the content and reporting that information in writing to the Weld County Engineering Department. Individuals will also be responsible for the application of the chemicals and any damage that may occur from the use of the chemicals. 94,0522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT FUGITIVE DUST CONTROL ON WELD COUNTY ROADS DATE March 23, 1992 PAGE 109 F. Individuals must agree to indemnify, defend and hold harmless Weld County and its officers and employees from any claims arising from the application of dust control chemicals by the individuals. 3. Weld County will provide the preparation of the roadbed prior to the application of dust control chemicals at no cost to the individual. Preparation may include the import of gravel material, grading, compaction and wetting. All or a portion of these methods will be used depending on the condition of each individual road and the chemical to be applied. 4. Should the Colorado Department of Health require Weld County to apply dust control chemicals, Weld County will apply the chemicals and charge adjacent property owners for the cost of chemicals only. If Weld County is not reimbursed by the individual property owners, a reapplication of chemicals will not be made. 90522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT PROCEDURES REGARDING SURVEY MONUMENTS DATE March 23, 1992 PAGE 110 PROCEDURES REGARDING SURVEY MONUMENTS The Board of County Commissioners has been made aware of problems that have occurred as a result of a failure to protect monuments which lie within Weld County road rights-of-way. The destruction of monuments can be a criminal offense and can lead to substantial costs for the county or adjacent landowners when the need arises to replace those monuments. Generally, these monuments will be found in or near the county road intersections inasmuch as they are on the section corners and at the quarter corner, approximately one-half mile from the road intersections. The following procedure was adopted on March 12, 1991 to ensure that the monuments can be documented and replaced or relocated as road work is performed at a minimum of inconvenience to the county crews and at a minimum of inconvenience to those who seek to use the monuments for survey work. Paved roads generally do not represent a major problem with respect to survey monuments, but in order to avoid having surveyors dig holes int he road intersections to locate the monuments, the monument should be enclosed in a box which is kept flush with the roadway surface. If the monuments are paved over, the surveyors are within their rights to destroy the roadway surface in order to reach the monument which is both a time-consuming process for the surveyor and a detriment to the road surface. The procedures for handling paved surfaces are as follows: 1. The Weld County Surveyor should be notified of the proposed route of the construction work on paved roads so that file research can be completed to locate any records of the existing monuments. 2. The Weld County Surveyor will then physically search the project route to locate monuments that are of record or that may presently be in place, but for which no current record exits. 3. The Weld County Surveyor would then reference the monuments to reference points outside of the area of the construction so that they can be replaced, if necessary, after construction. 4. Upon the completion of the construction project, the Weld County Surveyor would place survey monument boxes over the monuments that were covered during the paving project or overlay and reference back to the monuments if necessary. 900562 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT PROCEDURES REGARDING SURVEY MONUMENTS DATE March 23, 1992 PAGE 111 Where survey monument boxes have already been set in place by surveyors, new paving or overlay would require that the Weld County Surveyor be notified so that the boxes can be raised to the new road surface. The process could become more complex if a grade change is required at the time of the paving or overlay. Generally, paving or overlay consisting of between two and four inches of new asphalt would not destroy the monument but would make it less accessible. However, grade changes could require further work as outlined in the section on unpaved roads. Unpaved roads generally require that a monument be set approximately six inches below the existing road surface. This normally does not cause a problem with regular road maintenance. The greater problem is where there is new road construction, reconstruction, a change in the grade of an existing road, or when utilities are placed within the road right-of-way. The procedure for dealing with unpaved roads is as follows: 1. The Weld County Surveyor should be notified of the proposed route of construction so that research can be completed on the appropriate records regarding monuments that may currently be in place. The notification should indicate the extent of the construction to determine the likelihood of destruction of monuments during the course of construction. 2. The Weld County Surveyor would then physically search the route of the project to locate monuments that are of record or that may presently be in place but not of record. 3. The Weld County Surveyor will then reference the monument so that they can be replaced, if necessary, after the construction. The surveyor needs to know whether any power poles, fence lines, concrete irrigation boxes, or other existing physical structures near the monument are going to be moved to replaced so that they would not be used as reference points for the existing monuments. 4. Following the completion of the project, the Weld County Surveyor would evaluate the monuments to see if they have been destroyed or moved during construction. 5. The Weld County Surveyor could then replace any monuments destroyed or moved during construction with appropriate monuments and reference them in accordance with number 3 above. Survey monument boxes would also be set in place if paving is to occur. 94,0522 POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION POLICY REGARDING TEMPORARY CLOSURE OF WELD SUBJECT COUNTY ROADS FOR PERIODS OF 72 HOURS OR LESS DATE June 6, 1994 PAGE 112 POLICY REGARDING TEMPORARY CLOSURE OF WELD COUNTY ROADS FOR PERIODS OF 72 HOURS OR LESS According to state statute, §42-4-410(6) (a) , CRS, . . . local authorities, within their respective jurisdictions may, for the purpose of road construction and maintenance, temporarily close to through traffic or to all vehicular traffic any highway or portion thereof for a period not to exceed a specified number of work days for project completion and shall, in conjunction with any such road closure, establish appropriate detours or provide for an alternative routing of the traffic affected. . In the past numerous requests have been received from the Public Works Department for temporary closure of Weld County roads for periods of 72 hours or less, due to temporary road conditions and/or road construction. Said requests for closure have often been placed on the board's agenda for consideration after the roadways have been reopened and the need for the temporary closure has been obviated. By resolution dated January 10, 1994, the board delegated the duty of ordering temporary closure of Weld County roads for periods of 72 hours or less to the Weld County Director of Public Works, for the following purposes: A. For the protection of health, safety, and welfare of the traveling public from unsafe road conditions. B. Maintenance of Weld County roads and bridges. C. Construction of Weld County roads and brides. The Director of Public Works is directed by the Board to post such traffic control devices as shall be reasonably necessary to regulate, warn, and/or guide traffic on or around those Weld County roads and bridges which have been temporarily closed and that said traffic control devices shall conform to the Federal Manual on Uniform Traffic Control Devices. The Director of Public Works shall report said closures to the board on a monthly basis. 9/10522 Hello