HomeMy WebLinkAbout960773.tiff RESOLUTION
RE: CONSIDER APPROVAL OF REVISED GENERAL ADMINISTRATION SECTION OF
WELD COUNTY ADMINISTRATIVE 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, a copy of which is attached hereto and incorporated herein
by reference, and
WHEREAS,the Board deems it advisable to approve said revised General Administration
Section of the Administrative Manual, and further, to incorporate said section into the Weld County
Administrative Manual.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the revised General Administration Section of the Weld County
Administrative Manual be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that said revised 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 May, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
.nom / /��� WELD COUNTY, COLORADO
1 Q�
A /Barbara J. Kirkmeyer, Chair
1861 `,�!c
:.�� ty Clerk to the Board
r e EThaxter, - em
•
Deputy Clerk to e Board
Dale K. Hall
VED AS ORM:
Constance L. Harbert r.County Att‘rn y i 19 7
W. H. Webster
960773
CL',', F/ F10022
WELD COUNTY
ADMINISTRATIVE MANUAL
GENERAL ADMINISTRATION
Table of Contents
Latest Revision Date: May 6, 1996
Page
BOARD OF COMMISSIONERS -GENERAL PROCEDURES:
Board Procedures 4
Work Sessions 9
Designation of Departments for Commissioner Coordinator 10
Board and Commission Appointments 11
Authorizations 13
Delegation of Authority to Sign Certain Documents 14
Procedure for Charter Petition 17
Expediting the First Reading of Ordinances 18
Notification Procedure for Emergency Incidents 19
BOARD OF COMMISSIONERS -GENERAL POLICIES:
Press Release Policy 20
Lobbying Policy 21
Contracts and Ordinances 23
Legal Opinions 26
Publication of Annual Reports 27
Revision of Ordinances, Policies, or Manuals Which are Published by Department 28
Dimension Standards for Letter Size Mail 29
County Property 31
Mineral Leasing Policy 36
Mineral Leasing Policy Concerning Extensions 37
Suspension of Operations on Uneconomical Oil and Gas Wells 38
Industrial Revenue Bonds 39
Permits, Regulations, Fees 44
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 Weld County Jail Work Release Program 55
1
WELD COUNTY
ADMINISTRATIVE MANUAL
GENERAL ADMINISTRATION
Table of Contents
Latest Revision Date: May 6, 1996
Page
BOARD OF COMMISSIONERS - GENERAL POLICIES (Continued):
Policy Concerning Election Charges 57
Policy Concerning Recycling 58
Creaton of Weld County Ballot Issue Title Board and Adoption of
Procedures for Setting Title on Local Ballot Issues 59
Local Emergency Operation Plan for Major Winter Storms 60
PLANNING/ZONING MATTERS:
Applications for Land-Use Matters for Property Previously Denied 69
Quasi-Judicial Hearings with Less than Full Board Present 71
Policy on Collateral for Improvements 72
Procedure for Requesting Pre-Advertising on Land Use
Applications 77
Land Use Packets 79
Record of Land Use Hearings 80
Issuance of Building and Electrical Permits for Correctional Facilities 81
HEARINGS - GENERAL:
Appeals Process 82
Guidelines for the Refusal to Renew A Liquor License 83
Policy on 45-Day Waiver Pursuant to the Colorado Beer and
Liquor Code 85
Procedure for Probable Cause Hearings 86
General Procedures for Adjudicatory-Type Hearings 88
Procedure for Hearing of Petitions for Tax Refund or
Abatement 94
Assessment Arbitration Rules and Procedures 95
2
WELLCouNtry
ADMINISTRATIVE MANUAL
GENERAL ADMINISTRATION
Table of Contents
Latest Revision Date: May 6, 1996
Page
EMPLOYEE/BENEFIT MATTERS:
AIDS Policy gg
Employee Car Pooling 104
Collect Calls by Employees to Centennial Center 105
Reimbursement Policy for Damage Incurred During Emergency,
Disaster, or Search and Rescue Situations 106
Compensation to Individuals for Losses Associated with
Animals and Equipment while in Volunteer Capacity 107
Emergency Closing Procedure 108
Smoking in Buildings and Vehicles Under the Control of Weld County 109
Service Awards 110
Cellular Phones 111
ROAD AND BRIDGE POLICIES:
Road and Bridge Policies 112
Policy Regarding Temporary Closure of Weld County Roads
for Periods of 72 Hours or Less 113
3
WELD COUNTY
ADM NISTRATI:VE MANUAL
GENERAL ADMINISTRATION
Board Procedures
Latest Revision Date: May 6, 1996
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 to the Board upon the written request of the
Chair 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 membersof
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 immediately
following the regular Board meeting 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 immediately following the Social Services Board meeting, the
board shall convene as the Weld County Housing Authority.
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.
4
wE LT COUNTY
ADMIT T ATIVE MANUAL
GENERAL ADMINISTRATION
Board Procedures
Latest Revision Date: May 6, 1996
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 Chair 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 tothe 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.)"
F. Copies of the agenda and minutes of theregularly 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
WELD COUNTY
ADMINISTRATIVE MANUAL
GENERAL ADMINISTRATION
Board Procedures
Latest Revision Date: May 6, 1996
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 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 imaging system for future reference.
D. All resolutions will be listed on the Consent Agenda of the meeting immediately following
approval. (This includes items of business 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. Except contracts wherein delegation of authority to certain individuals has been made, as
enumerated on page 14, resolutions will be required for approval of contracts and
agreements. The contract or agreement will be listed as an item of "New Business", to
authorize the Chair to sign. The resolution will then be listed on the"Consent Agenda" of the
meeting immediately following the date on which it was approved.
6
WELTS OUNT
.A M� T T +TE NUAL
GENERAL ADMINISTRATION
Board Procedures
Latest Revision Date: May 6, 1996
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 viainteroffice 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 withthe State of Colorado or other governmental units: The resolution authorizing
the Chair 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 resultingfrom bid approvals which need
to have signatures do not need 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 Chair 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 CHAIR'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), Chair
Deputy Clerk to the Board
....................................................................................
7
WEL COUNTY
ADMINISTRATIVE MANUAL
GENERAL ADMINISTRATION
Board Procedures
Latest Revision Date: May 6, 1996
************************************************************************************
OTHER BOARD OF COUNTY COMMISSIONERS
SIGNATURES WELD COUNTY, COLORADO
SUCH AS
DEPARTMENT HEAD
BY:
(Name), Chair
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
************************************************************************************
Please note, "Deputy Clerk to the Board" NOT "Deputy County Clerk". If this is not
properly completed, it could result in documents being returned for correction, which
will delay 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.
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.
8
WELD COUNTY
ADMINISTRATIVE MANUAL
GENERAL ADMINISTRATION
Work Sessions
Latest Revision Date: May 6, 1996
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.
An Elected Officials' meeting will be held on the second Monday of every other 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.
9
WELD COUNT'
ADMINISTRATIVE MANUAL
L
GENERAL ADMINISTRATION
Designation of Departments for Commisisoner Coordinator
Latest Revision Date: May 6, 1996
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 Chair 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
10
WELD COUNTY
ADMINISTRATIVE MANUAL
GENERAL ADMINISTRATION
Board and Commisison Appointments
Latest Revision Date: May 6, 1996
1. Procedures for appointments of members to 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.
11
WELD COUNTY
GENERAL ADMINISTRATION
Board and Commisison Appointments
Latest Revision Date: May 6, 1996
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:
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
12
WELL O NTY
ADMINISTRATIVE MANUAL
GENERAL ADMINISTRATION
Authorizations
Latest Revision Date: May 6, 1996
1. The Chair 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 Chair 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 Chair of the Board of County
Commissioners of Weld County, Colorado, are designated as persons authorized to sign all county
warrants.
3. The Chair of the Board of County Commissioners has standing authority and is authorized and
directed to sign personal service contracts under$5,000, as well as all equipment maintenance,
equipment lease, computer equipment and software 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.
13
WELD COUNTY
GENERAL ADMINISTRATION
Delegation of Authority to Sign Certain Documents
Latest Revision Date: May 6, 1996
Pursuant to Section 30-11-107(1)(aa), CRS, which authorizes the Board of County Commissioners to
establish policies and procedures regarding entering into contracts binding on the county, and to delegate
its powers to enter into such contracts pursuant to such policies and procedures, the following Resolutions
were adopted by Weld County.
A. AUTHORIZE CHAIR OF THE BOARD TO SIGN CERTAIN CONTRACTS AND AGREEMENTS. By
Resolution #950198 dated February 22, 1995, the Board of County Commissioners delegated
authority to the Chair of the Board to sign certain personal service contracts and maintenance
agreements. Pursuant to said Resolution, Board action is not required for approval, the contract will
not be listed on the Consent Agenda, nor will it become a record of the Clerk to the Board's Office.
The Chair of the Board of County Commissioners is authorized to enter into and sign contracts and
agreements as follows:
1. All contracts on behalf of Weld County for personal service contracts under$5,000.
2. All change orders to contracts of up to five percent (5%) of the original contract amount, not
to exceed $5,000.
3. All contracts on behalf of Weld County for all equipment maintenance contracts.
4. All related contracts and license agreements for computer hardware and software operating
in Weld County.
5. All computer related agreements and documents to acquire and maintain computer systems
pursuant to the policy adopted by Resolution dated March 16, 1994, for the purpose of
acquisition of information services systems.
B. ACQUISITION OF INFORMATION SERVICES SYSTEMS. Pursuant to the policy decision made
in October 1993 to transition off the IBM mainframe computer to a client/server computer
environment under contract with SCT Corporation, and realizing that all existent computer systems
in the county must be migrated to the new environment, either by redesign or acquisition of new
systems, by Resolution #940249 approved March 16, 1994, the Board of County Commissioners
adopted the following process for acquisition of information services systems:
1. The user and SCT staff will develop a Request for Information (RFI) detailing system
hardware and software requirements.
14
WELD COUNTY
ADMINISTRATIVE MANUAL
GENERAL ADMINISTRATION
Delegation of Authority to Sign Certain Documents
Latest Revision Date: May 6, 1996
2. The RFI will then be sent to all known vendors soliciting responses.
3. The responding vendors' proposals will then be evaluated and demonstrations reviewed by
SCT Corporation and the user department to select a proposal for recommendation.
4. The recommended proposal will then be submitted for review by the Information Services
Governance Committee, who will, in turn, make a recommendation to the Board of County
Commissioners.
5. The Board of County Commissioners will then either accept or reject the final
recommendation. If the recommendation is rejected, a reason will be given and the proposal
will be sent back through the process for a revised or new recommendation. If the
recommendation is approved,the Board shall sign the Information Services System Approval
Form, thereby authorizing the acquisition of the appropriate system hardware and software.
6. After a system is approved, the Chair of the Board of County Commissioners shall have the
authority to sign all necessary agreements and documents to execute the acquisition and
maintenance of said system.
C. DELEGATION OF AUTHORITY TO CHAIR TO APPROVE AND SIGN ALL OIL AND GAS DIVISION
ORDERS AND AUTHORIZATIONS TO RECEIVE OIL OR GAS PAYMENT.
1. By Resolution#950074 approved January 23, 1995, the Board of County Commissioners
determined all Division Orders and Authorizations to Receive Oil or Gas Payment Forms are
reviewed by the County Attorney's Office for correctness of ownership interest, form, and
legal description before being presented to the Board for approval; therefore, the Board
delegated authority to approve and sign all Oil and Gas Division Orders and Authorizations
to Receive Oil or Gas Payment to the Chair of the Board, after review by the County
Attorney's Office and without having been on an agenda of the Board of County
Commissioners.
15
WE� COUNTY
•
GENERAL ADMINISTRATION
Delegation of Authority to Sign Certain Documents
Latest Revision Date: May 6, 1996
D. DELEGATION OF AUTHORITY TO SHERIFF.
1. By Resolution #900766 approved August 22, 1990, the Board of County Commissioners
specifically delegated to the Weld County Sheriff the authority to enter into agreements that
are binding upon the County for personal services related to criminal investigations.
2. By Resolution #940780 approved August 22, 1994, the Board of County Commissioners
delegated to the Weld County Sheriff the authority to enter into those law enforcement
special duty agreements which are estimated to require 72 or fewer hours of Sheriff deputies'
time. The Board of County Commissioners retained the authority to enter into all law
enforcement special duty agreements which are estimated to require more than 72 hours of
Sheriff deputies' time.
E. DELEGATION OF AUTHORITY TO ASSESSOR.
1. As stated on page 94, the Board of County Commissioners authorized 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.
16
............................................
WELDCOUNTY
Arxmiis, ITRATIVE 14 ma
GENERAL ADMINISTRATION
Procedure for Charter Petition
Latest Revision Date: May 6, 1996
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 Clerk and Recorder on behalf of 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 contains 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.
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.
17
WELD COUNTY
ADMINISTRATIVE MANUAL
GENERAL ADMINISTRATION
Expediting the First Reading of Ordinances
Latest Revision Date: May 6, 1996
By resolution on May 11, 1992, the Board of County Commissioners adopted the following procedure for
expediting the first reading of Ordinances.
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
Chair 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.
18
Lip
COUNTY
ADM :I TBATPE MANUAL
L
GENERAL ADMINISTRATION
Notification Procedure for Emergency Incidents
Latest Revision Date: May 6, 1996
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
19
L LINTY
GENERAL ADMINISTRATION
Press Release Policy
Latest Revision Date: May 6, 1996
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 conceming an emergency situation in Weld County, to insure that
complete and accurate information is disseminated on a timely basis.
20
WELD COUNTY
ADMINISTRATIVE M AL
GENERAL ADMINISTRATION
Lobbying Policy
Latest Revision Date: May 6, 1996
Lobbying per state law (Section 24-6-302, CRS, as amended) is defined as communicating directly, or
soliciting others to communicate, with a covered official for the purpose of aiding in or influencing:
1. The drafting, introduction, sponsorship, consideration, debate, amendment, passage,
defeat, approval, or veto by any covered official on:
A. Any bill, resolution, amendment, nomination, appointment, or report, whether or not
in writing, pending or proposed for consideration by either house of the general
assembly or committee thereof, whether or not the general assembly is in session.
B. Any other matter pending or proposed in writing by any covered official for
consideration by either house of the general assembly or a committee thereof,
whether or not the general assembly is in session.
2. Repealed by laws 1984, H.B. 1329, Section 22.
3. The convening of a special session of the general assembly or the specification of business
to be transacted at such special session.
4. The drafting, consideration, amendment, adoption, or defeat of any rule, standard, or rate
of any state agency having rule-making authority.
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.
21
WELD COUNTY
ADMINISTRATIVE MANUAL
GENERAL ADMINISTRATION
Lobbying Policy
Latest Revision Date: May 6, 1996
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.
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.
22
"ELI OUNT '
ADMINI TR .TI E MANU L
GENERAL ADMINISTRATION
Contracts and Ordinances
Latest Revision Date: May 6, 1996
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
intergovemmental 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.
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.
23
WELDCOUNTY
ADMINI TRAT MANUAL
GENERAL ADMINISTRATION
Contracts and Ordinances
Latest Revision Date: May 6, 1996
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.
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 page 18.
2. Except for the correction of typographical or clerical errors, when ordinances,
other than emergency ordinances, are altered after the first introduction, all
such alterations shall be recorded and published.
24
WELDCOUNTY
ADMINISTRATIVE MANUAL
GENERAL ADMINISTRATION
Contracts and Ordinances
Latest Revision Date: May 6, 1996
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 official
notice of the ordinance. Every ordinance shall state that copies referenced
exhibits or attachments are available for inspection at the office of the Clerk
to the Board of County Commissioners of Weld County, Colorado.
4. See page 28 for procedure regarding revisions of ordinances.
25
WELD COUNTY
,ADMINISTRATIVE MANUAL
GENERAL ADMINISTRATION
Legal Opinions
Latest Revision Date: May 6, 1996
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 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 Attomey only after an informal Memorandum of Law on that subject shall first have
been written, and only upon written request and personal interview by the party requesting the formal
written opinion with the County Attomey. All such opinions shall be designated "FORMAL OPINION."
26
" ELD COUNTY
ADMINISTRATE MANUAL
GENERAL ADMINISTRATION
Publication of Annual Reports
Latest Revision Date: May 6, 1996
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.
27
WELDCOUNTY
ADM NI TRATIVE MA UAL
GENERAL ADMINISTRATION
Revision of Ordinances, Policies, or Manuals
Which are Published by Department
Latest Revision Date: May 6, 1996
The following procedure, effective April 24, 1996, is to be used for revision and publication of policy manuals
by departments.
1. This procedure is effective for any manual containing policy which is adopted by the Board of County
Commissioners by Ordinance, but is published separately from this Administrative Manual by an
individual department. Examples are: The Zoning Ordinance, Septic Regulations, or Public Works
Policy Manual.
2. If questions arise concerning the authenticity of the publication, the Clerk to the Board will verify,
from the original Ordinance and its amendments, what policy is in effect at that specific time.
3. The Clerk to the Board will maintain the electronic file of the manual to be printed. Upon receipt of
a request from the department, the Clerk to the Board will send the electronic file of the manual to
be revised to the department.
A. Department personnel will determine what changes are to be submitted for Board approval.
B. Any changes being requested are to be deleted from or added to the document, using the
Redline/Strikeout option available on Word Perfect. If staff has not previously used this
option, contact the Clerk to the Board's office for training. Once redline/strikeout characters
have been added to a document DO NOT SEND THE DOCUMENT THROUGH THE E-MAIL
SYSTEM AS AN ATTACHMENT. IT CAN ONLY BE TRANSFERRED BY DISKETTE. The
E-mail process removes the redline characters and changes are no longer highlighted.
C. Instruct staff NOT TO MAKE FORMATTING CHANGES of any kind to the document. If
formatting changes are requested, please contact the Office Manager in the Clerk to the
Board's office,who will consider the request. However, please be aware that in most cases,
the formatting will NOT BE CHANGED from the formatting used in the Ordinance itself.
D. A printed copy of the revision (with redline/strikeout still showing)will be presented to the
Clerk to the Board, along with the electronic file.
E. Clerk to the Board will schedule the dates for the reading of the amendments to the
Ordinance and be responsible for any wording changes which occur at the direction of the
Board of County Commissioners. In cases where the wording is technical or staff is asked
to rewrite, the Clerk will work with departmental staff to be sure all changes are made.
F. Upon adoption of the final Ordinance, the Clerk will remove the redline/strikeout characters
from the policy manual and make the revised electronic file available to the department for
addition of cover page and printing.
28
WELD COUNTY
ADMINISTRATIVE MANUAL
GENERAL ADMINISTRATION
Dimension Standards for Letter Size Mail
Latest Revision Date: May 6, 1996
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.
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.
29
W ELD COUNTY
ADMINISTRATIVE MANUAL
GENERAL ADMINISTRATION
Dimension Standards for Letter Size Mail
Latest Revision Date: May 6, 1996
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.
30
WELD COUNTY
ADMINISTRATIVEMANUAL
GENERAL ADMINISTRATION
County Property
Latest Revision Date: May 6, 1996
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 may be disposed of
only through and in accordance with the provisions of Title 43, Article 2, Part 3 of Colorado Revised
Statutes.
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.
4. 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, at 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.
31
WELD COUNT"
ADMINISTRATIVE MANUAL
GENERAL ADMINISTRATION
County Property
Latest Revision Date: May 6, 1996
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, at 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, at 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 Chair 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:
32
....................................................
wE LL COUNTS"
AD NI T A�T E A U ►
GENERAL ADMINISTRATION
County Property
Latest Revision Date: May 6, 1996
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. Send daily to Treasurer's Office.
3) Type refund request.
4) Recount money. Send deposit to Treasurer's Office. When check
comes back from Treasurer's Office, record in refund ledger and mail
to customers.
b. Monthly
1) Balance refund ledger and Treasurer's report
2) List outstanding checks
c. 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.
33
WELD COUNTY
AD IsTRATTAT ANU L
GENERAL ADMINISTRATION
County Property
Latest Revision Date: May 6, 1996
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.
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
or its amendments.
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.
34
WELDCOUNTY
ADMINISTRATIVE MAUL,
GENERAL ADMINISTRATION
County Property
Latest Revision Date: May 6, 1996
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 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 Task Force, or a designee thereof; and 3) One representative selected from the local
governmental entities participating in the Weld County 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 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.
35
........................................
LLD COUNTY
ADMINISTRATIVE MANUM.
GENERAL ADMINISTRATION
Mineral Leasing Policy
Latest Revision Date: May 6, 1996
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.
36
.................................
"ELT COUNTY
GENERAL ADMINISTRATION
Mineral Leasing Policy Concerning Extensions
Latest Revision Date: May 6, 1996
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.
37
WELD COUNTY
ADMINISTRATIVE M ► , ,,
GENERAL ADMINISTRATION
Suspension of Operations on Uneconomical Oil and Gas Wells
Latest Revision Date: May 6, 1996
By resolution on November 19, 1986, it shall be the policy of the Board of County Commissioners of Weld
County that the Board 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.
38
MELD OUN
I TRATI E MANNA
GENERAL ADMINISTRATION
Industrial Revenue Bonds
Latest Revision Date: May 6, 1996
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.
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.
39
wE L OJT' Y
ADMINISTRATIVE MAN JAL
GENERAL ADMINISTRATION
Industrial Revenue Bonds
Latest Revision Date: May 6, 1996
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.
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:
40
.......................................
" EL ( UNTY
� `TTU
GENERAL ADMINISTRATION
Industrial Revenue Bonds
Latest Revision Date: May 6, 1996
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.
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.
41
LLD COUNTY
ADM NI TRATI IE MANUAL
GENERAL ADMINISTRATION
Industrial Revenue Bonds
Latest Revision Date: May 6, 1996
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 Attomey. In addition, the review team
may engage outside counsel for the purpose of rendering opinions and doing research on
the proposed bond issue.
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.
42
WET COUNTY
:ADMINISTRATIVE MANUAL
GENERAL ADMINISTRATION
Industrial Revenue Bonds
Latest Revision Date: May 6, 1996
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 ('/%%) 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.
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.
43
WELL COUNTY
ADMINISTRATIVE MANUAL
GENERAL ADMINISTRATION
Permits, Regulations, Fees
Latest Revision Date: May 6, 1996
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#10: Fees for Service of Civil Process by the Weld County Sheriff.
3. Ordinance #88 and subsequent alpha designations: Regulating the Running at Large of
Dogs, providing for seizure, impounding, and other disposition thereof-- administered by the
Sheriffs 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 10% 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.
44
"DEL COUNTY
ADM `I TRAT E MANUAL
GENERAL ADMINISTRATION
Permits, Regulations, Fees
Latest Revision Date: May 6, 1996
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 staffs
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 (I) cost of the staffs 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
12. Ordinance #82 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 estab fished by resolution in accordance with
Ordinance#85 at $100.
45
"ELD CUNT "
GENERAL ADMINISTRATION
Permits, Regulations, Fees
Latest Revision Date: May 6, 1996
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.
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.
46
COUNTY
GENERAL ADMINISTRATION
Use of Conservation Trust Funds
Latest Revision Date: May 6, 1996
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. aintain 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.
47
WELDcou TY
ADMINISTRATIVE MANUAL
GENERAL ADMINISTRATION
Regulating Activities in Parks Owned by Weld County
Latest Revision Date: May 6, 1996
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.
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.
48
WELD COUNTY
ADM NISTR TPTE MANUAL
GENERAL ADMINISTRATION
Regulating Activities in Parks Owned by Weld County
Latest Revision Date: May 6, 1996
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 ovemight 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.
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.
49
WELD COUNTY
.DM NI THATP E r NUAL
GENERAL ADMINISTRATION
Regulating Activities in Parks Owned by Weld County
Latest Revision Date: May 6, 1996
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.
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.
50
WELD COUNTY
ADMINISTRATIVE MANUAL
GENERAL ADMINISTRATION
Regulating Activities in Parks Owned by Weld County
Latest Revision Date: May 6, 1996
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.
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.
51
WELL UN Y
ADMINISTRATIVE UAL
GENERAL ADMINISTRATION
Regulating Activities in Parks Owned by Weld County
Latest Revision Date: May 6, 1996
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 "Ill. Violations and Penalties" above, if found
guilty of such charge(s). In 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 "Ill. Violations and Penalties"
above, upon the issuance of a Summons to Appear.
52
LD OU
TR•AT
GENERAL ADMINISTRATION
Regulating Activities in Parks Owned by Weld County
Latest Revision Date: May 6, 1996
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).
53
WELD OUNT "
AD I 'I TR TWE MANUAL
GENERAL ADMINISTRATION
Official Recognition and Proclamations of Special Events, Causes, and Celebrations
Latest Revision Date: May 6, 1996
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.
54
L COUN"T"S
ADMINISTRATIVENis NU
GENERAL ADMINISTRATION
Accepting Individuals Sentenced from Other Jurisdictions
Into the Weld County Jail Work Release Program
Latest Revision Date: May 6, 1996
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 Sheriffs 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 available in the Work Release Program.
3. The sentencing Judge and the Sheriffs 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.
A. The Work Release Supervisor will be responsible for coordinating this aspect of the
agreement with the court and the other law enforcement agency.
4. 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.
55
.........................................
LI COUNTY
ADMINI 'R TIVE MANU L
GENERAL ADMINISTRATION
Accepting Individuals Sentenced from Other Jurisdictions
Into the Weld County Jail Work Release Program
Latest Revision Date: May 6, /996
A. 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,
?nY money 1M ha been gd in advance will riot be refunded. Instead, money paid
in advance will be used to defray the cost of transporting the individual back to the
Sheriffs 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.
56
WELD COUNTY
ADMINISTRATIVE MANUAL
GENERAL ADMINISTRATION
Policy Concerning Election Charges
Latest Revision Date: May 6, 1996
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).
In response to the passage of an amendment to the Weld County Home Rule Charter on June 13, 1995,
dealing with the location and siting of correctional facilities, jails and prisons in Weld County, the Board of
County Commissioners adopted resolution #951291 on June 21, 1995, which included the following:
A. The County Attorney is directed to prepare the necessary ordinance or resolution
establishing a fee equal to the cost of a special election for any applicant for the siting of
a facility covered by Weld County Home Rule Charter, Article XV, Section 15-5 that
chooses the option of requesting a special election for the siting of such a facility other than
at a regularly scheduled countywide election in November of any given year.
57
"ELT COUNTY
ADMINISTRATIVE r ' UAL
GENERAL ADMINISTRATION
Policy Concerning Recycling
Latest Revision Date: May 6, 1996
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 Govemment will continue to investigate the use of additional recycled products.
58
WELD COUNTY
ADMINI TB.TI E MANUAL
GENERAL ADMINISTRATION
Creation of Weld County Ballot Issue Title Board and Adoption of
Procedures for Setting Title on Local Ballot Issues
Latest Revision Date: May 6, 1996
Section 1-40-106(2), CRS, states a"Ballot Issue Title Board" is required to convene and set the title for any
local ballot issue submitted to each political subdivision, and requires that the local Ballot Issue Title Board
consists of the"designated election official and governing board of the political subdivision" and it"shall meet
at the regularly scheduled meetings of the governing board". By Resolution #941193 on December 5, 1994,
the Board of County Commissioners did create and adopt the following:
1. The Weld County Ballot Issue Title Board shall consist of the members of the Board of
County Commissioners and the Weld County Clerk and Recorder.
2. Said board shall convene for the purpose of setting titles for local ballot issues upon their
submittal to Weld County, Colorado.
3. The Chair, or in his absence the Chair Pro-Tem, shall preside as Chair at any title setting
meeting of the Weld County Ballot Issue Title Board.
4. The Clerk to the Board of County Commissioners shall also serve as the Clerk to the Weld
County Ballot Issue Title Board.
5. Any request for the setting of a title for a local ballot issue in Weld County, Colorado, shall
first be received by the Weld County Clerk and Recorder, with the title-setting meeting of the
Weld County Ballot Issue Title Board to take place no earlier than the date of the first
regularly scheduled meeting of the Board of County Commissioners twelve (12) days after
the receipt of the request by the Clerk and Recorder.
6. The Ballot Issue Title Board shall, in setting title for any local ballot issue submitted to Weld
County, Colorado, follow the procedures and requirements set forth in Section 1-40-101, et
seq., CRS, specifically Section 1-40-106(3)(b), CRS.
59
WELD COUNTY
ADMINISTRATIVE MANC AL
GENERAL ADMINISTRATION
Local Emergency Operation Plan for Major Winter Storms
Latest Revision Date: May 6, 1996
I. GENERAL INFORMATION
A. Vulnerability - Weld County and Northeast Colorado are as susceptible to major winter
storms as the Rocky Mountain communities along the front range. The types of emergencies
are the same: fire, traffic accidents, medical emergencies. Snow, ice, sleet and blizzard
conditions will impede the normal quick response the public has come to expect. Heavy
precipitation will bog down travelers and create emergency demands on the Public Works
Department to clear transportation routes. It is at this time that plans should be activated for
auxiliary and special response to accommodate identified needs. The demands will be met
in a timely fashion if all agencies are aware of the resources available to them in an
emergency.
B. Planning Assumptions-This plan has been developed to incorporate the snow removal plan
developed by the Public Works Department. It will be contained in Appendix 2. While the
Director of Public Works is responsible for snow and ice removal, the Sheriff's Office,
municipal law enforcement and Colorado State Patrol are charged with Incident Command
in a field emergency, except for those emergencies where the Fire Chief is in Command.
This contingency is intended to address health and safety as related to the increased
demands placed on County and private resources.
This plan has been developed based on the following assumptions:
1. The Weld County Public Works Department has designated priority routes to
maintain a minimum transportation system connecting hospitals, major transportation
routes and communities.
2. The Public Works Department will not be able to keep priority#1 routes clear, and
3. A state of emergency could last up to three (3) days.
C. Purpose of the Plan - This contingency plan has been prepared in order to:
1. Insure essential county services are maintained during a major snowstorm.
2. Document procedures and policies to be followed by each county department, as
necessary.
60
WELD COUNTY
GENERAL ADMINISTRATION
Local Emergency Operation Plan for Major Winter Storms
Latest Revision Date: May 6, 1996
3. Insure all county departments respond in a coordinated manner.
4 Assign duties and responsibilities to be carried out by each county department and
by specific individuals within each department.
D. Warning System - Severe weather warnings by the National Weather Service can be
monitored by telephone, and NOAA weather radio as well as local radio. On duty law
enforcement and Public Works personnel in the field can observe and report weather
conditions to the Weld County Regional Communications Center and the Public Works
Director, when requested.
E. Definitions and Terminology- The National Weather Service frequently uses the following
terms in their weather bulletins. To prevent misunderstanding, definitions and descriptions
are provided.
Ice Storm- Freezing rain or drizzle is called an Ice Storm. Moisture- falls in liquid form, but
freezes upon impact.
Sleet- Ice storms are sometimes incorrectly referred to as sleet." Sleet is easily identified as
frozen raindrops (ice pellets)which bounce when hitting the ground or other objects. Sleet
does not stick to trees and wires, but sleet in sufficient depth does cause hazardous driving
conditions.
Snow-"Snow"in a forecast, without a qualifying word such as occasional or"intermittent",
means that the fall of snow is steady in nature, and will probably continue for several hours
without letup.
Heavy snow warnings - are issued to the public when a fall of four inches or more Is
expected in a 12-hour period or fall of six inches or more is expected in a 24-hour period.
Some variations on these rules may be used in different parts of the country. Where four-
inch snowfalls are common, the emphasis on heavy snow is generally associated with six
or more inches of snow. In other parts of the country where heavy snow is infrequent, or in
metropolitan areas with heavy traffic, a snowfall of two or three inches will justify a heavy
snow warning.
Snow flurries - are defined as snow falling for short durations at intermittent periods;
however, snowfall during the flurries may reduce visibility to an eighth of a mile or less.
61
LE COUNTY
ADMINISTRATIVE MANUAL
GENERAL ADMINISTRATION
Local Emergency Operation Plan for Major Winter Storms
Latest Revision Date: May 6, 1996
Accumulations from snow flurries are generally small.
Snow squalls-are brief, intense falls of snow and are comparable to summer rain showers.
They are accompanied by gusty surface winds.
Blowing and drifting snow-generally occur together and result from strong winds and falling
snow or loose snow on the ground.
"Blowing snow"is defined as snow lifted from the surface by the wind and blown about to a
degree that horizontal visibility is greatly restricted.
"Drifting snow"- is used in forecasts to indicate that strong winds will blow falling snow or
loose snow on the ground into significant drifts. In the northern plains, the combination of
blowing drifting snow, is often referred to as a "ground blizzard."
"Blizzards" are the most dramatic and perilous of all winter storms, characterized by low
temperatures and by strong winds bearing large amounts of snow. Most of the snow
accompanying a blizzard is in the form of fine, powdery particles of snow which are whipped
in such great quantities that at times visibility is only a few yards.
"Blizzard warnings" are issued when winds with speeds of at least 35 mph are accompanied
by considerable falling or blowing snow and temperatures of 20 degrees F or lower are
expected to prevail for an extended period of time.
"Severe blizzard warnings" are issued when blizzards of extreme proportions are expected
and indicate wind with speeds of at least 45 mph plus a great density of falling or blowing
snow and a temperature of 10 degrees F or lower.
"Cold wave warning"indicates an expected rapid fall in temperature within a 24-hour period
which will require substantially increased protection to agricultural, industrial, commercial,
and social activities. The temperature falls and minimum temperatures required to justify
cold wave warnings vary with the changing of the season and with geographic location.
Regardless of the month or the section of the country, a cold wave warning is a red f lag alert
to the public that during a forthcoming forecast period a change to very cold weather will
require greater than normal protective measures.
62
LLD COUNTY
ADM INI TRATI E MANU L
GENERAL ADMINISTRATION
Local Emergency Operation Plan for Major Winter Storms
Latest Revision Date: May 6, 1996
"Hazardous driving (travelers')warnings"are issued to indicate that falling, blowing or drifting
snow, freezing rain or drizzle, sleet or strong winds will make driving difficult.
"Stockman's warning" alert ranchers that livestock will require protection from a large
accumulation of snow or ice, a rapid drop in temperature, or strong wind.
"Wind chill factor'strong winds combined with low temperatures cause a very rapid cooling
of exposed surfaces. Unprotected portions of the body, such as the face or hands, can chill
rapidly and should be protected as much as possible from the cold wind. A very strong wind
combined with a temperature slightly below freezing can have the same chilling effect as a
temperature nearly 50 degrees F lower in a calm atmosphere. Arctic explorers and military
experts have developed a term called the "wind chill factor', which states the cooling effect
of various wind and temperature combinations. In certain areas, the Weather Service issues
this information as the "wind chill index".
II. SPECIFIC INFORMATION
A. Command and Control
1. Agency in charge - Law Enforcement. The Sheriff or Municipal Police Chief or
Colorado State Patrol is the official responsible for coordinating field operations
during a storm to assist and support the Roads and Bridges (Public Works or State
Department of Highways) Director(s) in order that they may perform snow removal
duties. The Law Enforcement agency shall command and direct all public safety
functions relating to the emergency until and unless relieved by the Emergency
Management Board, city manager, mayor or town council or the State Director of
Public Safety, at which time the Law Enforcement official shall serve as advisor to
the above stated titles.
2. Emergency Operations Center(EOC). The Emergency Operations Center for Public
Works Department shall be at the County Shops in the case of the County activation
and at the direction of the municipal and CSP officials. The address is 933 N. 11th
Avenue, Greeley. In the event of a major emergency in addition to the snow removal
effort, the Line-up Room in the Weld County Sheriffs Office will be used for the EOC.
This address is 910 Tenth Avenue, Greeley. All designated county personnel shall
be directed where to report when the plan is activated.
63
..................................
\WELT OUNTY
ADMINISTRATIVE NU L
GENERAL ADMINISTRATION
Local Emergency Operation Plan for Major Winter Storms
Latest Revision Date: May 6, 1996
3. Mobile Command Post. The mobile Command Post will be used to coordinate a
major incident within the overall winter storm emergency. At present there is no
vehicle assigned for the task of serving as a field Command Post. However, there
are two vehicles in the county that have radios with all of the frequencies that may
be used: the Weld County Ambulance vehicles or, in the event, there is a concurrent
hazardous materials incident, the Greeley Fire Department Hazardous Materials
Response Team has the same capability in two vehicles.
B. Activation of the Plan
1. The Public Works Annex concerning snow removal will be activated by the Director,
Public Works, through the approval of the Board of County Commissioners or, if they
are not readily available, at his discretion according to the Annex. It is requested that
the activation of the plan include notification of the Office of Emergency
Management. The Sheriffs Office should also be notified of the activation.
2. The public safety portion of this plan shall be activated by the Sheriff, municipal
police chief or the Colorado State Patrol, whoever has jurisdiction over the involved
location.
3. The on-duty Commander of the Law Enforcement agency involved shall monitor the
situation by keeping in touch with the Roads and Bridges (Public Works or State
Highway) Director, the National Weather Service and any other involved response
agency.
C. Notification of Activation
1. If the Sheriff (municipal police chief or CSP) orders the public safety portion of this
plan activated, the following individuals shall be contacted through the established
county emergency fanout.
2. The following will report to the Weld County EOC or have an authorized designee
report to represent their agency: Sheriff, County Commissioners, Finance and
Administration Director, OEM Director, Public Works Director, Public Information
Officer, Communications Director, Ambulance Director, Buildings and Grounds.
64
LLD COUNTY
ADMINISTRATIVE MANUAL
GENERAL ADMINISTRATION
Local Emergency Operation Plan for Major Winter Storms
Latest Revision Date: May 6, 1996
D. Critical County Facilities. The following is a list of County Buildings that are essential to
county operations during a storm and must be given the highest priority of services, staffing
and snow removal.
1. Roads and Bridges Headquarters
2. County shops
3. Centennial Complex
4. Social Services
5. Health and Human Resources Building
6. Ambulance Service - Greeley, Evans and Ft. Lupton
E. Four-Wheel Drive Vehicles *this is a policy decision. In the event snowfall is so great that
county equipment cannot be used, the County will ask its essential employees to use
privately owned 4x4 vehicles to perform their duties. If the employees agree to provide the
vehicles, the County shall pay mileage per county reimbursement schedule of$0.27 per mile
and shall assume full responsibility that may arise out of use during the storm. (County
resolution signed 4 April 1984; Appendix 3.)
If more 4x4 vehicles are needed, a request for citizens to volunteer their vehicles will be
made, again the County will assume full responsibility and liability.
A list of all county personnel with four-wheel drive vehicles will be compiled for entry into the
Resource List.
All non-County 4x4 vehicles should be equipped with an employee with a radio.
F. Snowmobiles*this is a policy decision. In extreme cases the county may ask its employees
to volunteer personal snowmobiles for emergency purposes. If the employee agrees to
provide the vehicles, the County shall assume the same responsibility for mileage
reimbursement and liability as for the 4x4 vehicles. (County Resolution 4 April 1984;
Appendix 3.)
If more snowmobiles are needed, a list has been compiled of citizens who are willing to
provide their vehicles in an emergency. This list has been distributed to Weld County
Communications and is maintained by the Office of Emergency Management.
65
....................
wE LCOUNTY
ADMINISTRATIVE mANuAL
GENERAL ADMINISTRATION
Local Emergency Operation Plan for Major Winter Storms
Latest Revision Date: May 6, 1996
III. DUTIES AND RESPONSIBILITIES BY DEPARTMENT - Each County agency is assigned the
following duties during a snow emergency:
County Commissioners
1. Declare a snow emergency at the request of the Roads and Bridges Director or when
conditions are such that they deem it necessary.
2. Prepare to make policy decisions effecting the operations and/or financing of the
Winter Storm Plan.
3. Public Information
Office of Emergency Management
1. Provide emergency resources as requested
2. Provide advice to Commissioners regarding emergency operations
Public Works
1. Execute Snow Removal Plan
2. Request County Commissioners to declare a snow emergency
3. Maintain and issue snow progress reports to Commissioners
4. Assist law enforcement and ambulances responding to an emergency
Fire Departments/Districts
1. Respond to fire alarms
2. Respond to emergency medical calls with ambulance if applicable
3. Rescue stranded motorists
4. Provide transportation for essential workers
5. Provide food and bedding for essential city workers.
66
BOUNTY
ADMINISTRATIVE MANUAL
GENERAL ADMINISTRATION
Local Emergency Operation Plan for Major Winter Storms
Latest Revision Date: May 6, 1996
Law Enforcement
1. Enforce emergency traffic regulations and parking restrictions
2. Provide traffic control as requested
3. Coordinate the towing abandoned vehicles from snow routes (if applicable)
4. Rescue stranded motorists
5. Coordinate 4x4 vehicles offered to the County by citizens
6. Perform regular duties on priority basis as required.
Buildings and Grounds
1. Maintain snow removal operations around Centennial Complex and other assigned
essential facilities
2. Maintain/repair essential utilities
3. Insure emergency generator capability
Ambulance Service
1. Provide EMS services as requested
2. In case of overload, triage response.
Finance and Administration
1. Authorize open purchase orders
2. Document all expenditures during disasters
Personnel Department
1. Activate snow day call down for closing County offices
2. Assist all departments with volunteer personnel as requested.
3. Register volunteered 4X4 vehicles and snowmobiles offered to the county.
Contractual Repair Services
1. Maintain and repair equipment, as needed.
2. Maintain and repair communications, as needed.
67
............................
LL CC "
ADM�� TRATWE ANUAL
GENERAL ADMINISTRATION
Local Emergency Operation Plan for Major Winter Storms
Latest Revision Date: May 6, 1996
American Red Cross
1. Provide transportation for and to citizens and residents in need.
2. Provide food and shelter for snowstorm victims.
3. Provide emergency medical necessities for motorists or evacuees.
(Contact Office of Emergency Management for copy of complete plan including appendices.)
68
WELD COUNTY
ADMINISTRATIVE A UA
GENERAL ADMINISTRATION
Applications for Land-Use Matters for Property Previously Denied
Latest Revision Date: May 6, 1996
1. Except in those cases to which the requirements of Paragraph 1.A below apply, 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.
A. Upon approval of Ordinance 173-C, the Weld County Subdivision Ordinance, which became
effective December 5, 1995, neither an applicant nor his successors in interest in property
for which a Recorded Exemption application was denied within the preceding ten (10) years
may submit a Recorded Exemption 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.
69
ma) COUNTY
IVE
GENERAL ADMINISTRATION
Applications for Land-Use Matters for Property Previously Denied
Latest Revision Date: May 6, 1996
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
applicants 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.
70
WELDCOUNTY
ADMINISTRATIVE UAL
GENERAL ADMINISTRATION
Quasi-Judicial Hearings wtih Less than Full Board Present
Latest Revision Date: May 6, 1996
When less than a full board is present at a "quasi-judicial" hearing before the Board of County
Commissioners, the following rules shall apply:
1. For planning matters only, the applicant or appellant is to be advised that he 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.
2. In the event the matter is heard with only four members present 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.
3. A "quasi-judicial" hearing, as used in this policy, is described as a hearing which requires
notice to the applicant or appellant and requires that a decision on the matter be made by
the Board.
4. "Quasi-judicial" hearings to which this policy shall apply include, but are not limited to,
planning and liquor hearings, and to hearings in which the Board sits as the Board of
Equalization.
71
WELD COUNTY
ADMINISTRATIVE MANUAL
L
GENERAL ADMINISTRATION
Policy on Collateral for Improvements
Latest Revision Date: May 6, 1996
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.
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).
72
WELDCOUNTY
ADMINISTRATEmANuAL
GENERAL ADMINISTRATION
Policy on Collateral for Improvements
Latest Revision Date: May 6, 1996
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.
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.
73
LLD COUNTY
ADMINISTRATIVE MANUAL
GENERAL ADMINISTRATION
Policy on Collateral for Improvements
Latest Revision Date: May 6, 1996
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 currentdegree 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.
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 otherpurpose 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.
74
T
A1)14114ISTRATIITE MANUAL
GENERAL ADMINISTRATION
Policy on Collateral for Improvements
Latest Revision Date: May 6, 1996
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.
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.
75
WELDCOUNTYO
ADMINISTRATIVE MANUAL
GENERAL ADMINISTRATION
Policy on Collateral for Improvements
Latest Revision Date: May 6, 1996
B. The requirements in III A 1-5 shall be noted on the final construction plans.
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.
76
wE LL co NT
US"
ADMINISTRATIVE MANUAL
GENERAL ADMINISTRATION
Procedure for Requesting Pre-Advertising on Land-Use Applications
Latest Revision Date: May 6, 1996
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;
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;
77
COUNTY
GENERAL ADMINISTRATION
Procedure for Requesting Pre-Advertising on Land-Use Applications
Latest Revision Date: May 6, 1996
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.
78
WELD COUNTY
AI NISTHAT wTE MANUAL
GENERAL ADMINISTRATION
Land Use Packets
Latest Revision Date: May 6, 1996
Beginning December 7, 1983, applicants must provide the following number of Land Use Packets when
submitting applications.
TYPE OF CASE NUMBER OF PACKETS REQUIRED
BOA 15
COZ 19
FHDP 3
GHDP 3
MHZP 5
MAJOR SUBDIVISION 15
MINOR RESUBDIVISION 9
PUD 12
RE 5
RESUBDIVISION 25
SPR 10
SKETCH PLAN 15
SE 5
FINAL PLAT SUBDIVISION 25
PRELIMINARY PLAN SUBDIVISION 25
USR 19
USR MINING 25
USR MAJOR FACILITY 25
USR SOLID WASTE 25
ADDITIONAL COPIES MAY BE REQUESTED BY THE PLANNING STAFF IF THEY ARE NEEDED DURING
THE REVIEW AND/OR PUBLIC HEARING PROCESS.
79
WELDcouNTy
ADMINISTRATIVE ANAL
GENERAL ADMINISTRATION
Record of Land Use Hearings
Latest Revision Date: May 6, 1996
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 dose 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."
Pursuant to the Americans with Disability Act, each notice published or distributed prior to the hearing should
contain a sentence which states the following:
"Please contact the Clerk to the Board's Office, at phone (970) 356-4000, Ext. 4226, or fax
(970) 352-0242 prior to the day of the hearing so that reasonable accommodations can be
made if, in accordance with the Americans with Disabilities Act, you require special
accommodations in order to participate in this hearing as a result of a disability."
80
WELD couNTy
ADM ;I TB TI E MANUAL
GENERAL ADMINISTRATION
Issuance of Building and Electrical Permits for Correctional Facilities
Latest Revision Date: May 6, 1996
In response to an amendment to the Weld County Home Rule Charter on June 13, 1995, concerning the
location and siting of correctional facilities, jails, and prisons in Weld County, the Board of County
Commissioners adopted Emergency Ordinance No. 185, which establishes the policy for issuance of building
and electrical permits for correctional facilities as follows:
A. No building or electrical permit shall be issued for the construction of a correctional facility
(as defined in Article XV, Section 15-5 of the Weld County Home Rule Charter) unless and
until the results of an election approving the location and siting of the correctional facility
have been certified to the Board of County Commissioners or the Board has been presented
with a certified copy of a final court order from a Court of competent jurisdiction finding and
determining that Article XV, Section 15-5 is inapplicable to the proposed facility or that the
Section is unconstitutional or otherwise invalid on its face or as applied. An applicant for a
building or electrical permit who relies upon such-a court order in commencing construction
assumes any risk that such a judicial determination may be overturned on appeal or by
collateral attack.
B. No portion of Article XV, Section 15-5 of the Weld County Home Rule Charter shall be
interpreted to exempt any correctional facility from any requirement of the Weld county
Zoning Ordinance#89, as amended, or the Weld County Building Code Ordinance#119, as
amended.
81
WELD COUNTS
ADMINISTRATIVE NUAL
GENERAL ADMINISTRATION
Appeals Process
Latest Revision Date: May 6, 1996
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. Except for decisions made by the Board
of Adjustment, procedure for appeals shall be as set forth in this code, by resolution of the board,
or 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.
82
WELDCOUNTY
ADMINISTRATIVE MANUAL
GENERAL ADMINISTRATION
Guidelines for the Refusal to Renew a Liquor Llicense
Latest Revision Date: May 6, 1996
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 Section 42-4-1301, 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.
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.
83
CILL COUNT"
ADMINISTRAT MANUAL
GENERAL ADMINISTRATION
Guidelines for the Refusal to Renew a Liquor Llicense
Latest Revision Date: May 6, 1996
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.
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.
84
WELD COUNTY
ADmitlisTRATFIE MANUAL
GENERAL ADMINISTRATION
Policy on 45-Day Waiver Pursuant of the Colorado Beer and Liquor Code
Latest Revision Date: May 6, 1996
Section 12-46-106(13), and Section 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.
85
"ELT) COUNTY
ADMINISTRATIVE MANUAL
GENERAL ADMINISTRATION
Procedure for Probable Cause Hearings
Latest Revision Date: May 6, 1996
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 conceming 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.
86
WELDcouNTy
ADMINISTRATIVE m A 'UAL
GENERAL ADMINISTRATION
Procedure for Probable Cause Hearings
Latest Revision Date: May 6, 1996
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 at least seven (7) days prior to the
date of the hearing.
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.
87
LLDCOUNTY
TR.TIVE MANUAL
GENERAL ADMINISTRATION
General Procedures for Adjudicatory-Type Hearings
Latest Revision Date: May 6, 1996
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.
88
WELD CouNTy
ADMINISTRATIVE MANUAL
•
GENERAL ADMINISTRATION
General Procedures for Adjudicatory-Type Hearings
Latest Revision Date: May 6, 1996
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.
89
WELD CwELD couNTY
ADMINISTRATIVE M MA `UAL
GENERAL ADMINISTRATION
General Procedures for Adjudicatory-Type Hearings
Latest Revision Date: May 6, 1996
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.
I. SPECIFIC PROCEDURES
1. Call the board, commission, or other administrative body to order and take roll.
90
LLD COUNTY
ADMI I TBATWE MANUAL
GENERAL ADMINISTRATION
General Procedures for Adjudicatory-Type Hearings
Latest Revision Date: May 6, 1996
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.
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).
91
WELD O NTY
ADMINISTRATIVE MANUAL
GENERAL ADMINISTRATION
General Procedures for Adjudicatory-Type Hearings
Latest Revision Date: May 6, 1996
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.
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.
92
................................. ..
.AI M NI TRAT ANUAL
GENERAL ADMINISTRATION
General Procedures for Adjudicatory-Type Hearings
Latest Revision Date: May 6, 1996
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 at least seven (7) days prior to the date of the hearing.
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.
93
SELL COUNTS
ADm INIST ATI � MANI...TAL
GENERAL ADMINISTRATION
Procedure for Hearing of Petitions for Tax Refund or Abatement
Latest Revision Date: May 6, 1996
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 Chair
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
wE D COUNTY
ADMINISTRATIVE MANUAL
GENERAL ADMINISTRATION
Assessment Arbitration Rules and Procedures
Latest Revision Date: May 6, 1996
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 attomey 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.
95
WE
LT COUNT
AIMINISTRATIITE NU L
GENERAL ADMINISTRATION
Assessment Arbitration Rules and Procedures
Latest Revision Date: May 6, 1996
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.
96
WELDCOUNTY
ADMINISTRATIVE MANUAL
L
GENERAL ADMINISTRATION
Assessment Arbitration Rules and Procedures
Latest Revision Date: May 6, 1996
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; owever, upon agreement of both parties, the
proceedings may be confidential and closed to the public.
97
WELD COUNT"
GENERAL ADMINISTRATION
Assessment Arbitration Rules and Procedures
Latest Revision Date: May 6, 1996
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.
98
WELL COUNTY
IS TRATBTE A [TEL
GENERAL ADMINISTRATION
AIDS Policy
Latest Revision Date: May 6, 1996
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.
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.
99
.......................................
COLD COUNTY
ADMINISTRATIVE MANUAL
GENERAL ADMINISTRATION
AIDS Policy
Latest Revision Date: May 6, 1996
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.
Transmission from Health Cam 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.
100
WELDCOUNTY
, MIN I TRATWE MANUAL
GENERAL ADMINISTRATION
AIDS Policy
Latest Revision Date: May 6, 1996
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.
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.
101
L COUNT'S"
MINI TRATIVEAN
MANUAL
AL
ADMINISTRATION
AIDS Policy
Latest Revision Date: May 6, 1996
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.
Considerations Relevant to Other Workers:
1. 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.
2. 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.
102
WELD COUNT
ADMINISTRATIVE A AL
GENERAL ADMINISTRATION
AIDS Policy
Latest Revision Date: May 6, 1996
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.
3. 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.
103
" L "uNT
ADMINISTRATIVE ANUA
GENERAL ADMINISTRATION
Employee Car Pooling
Latest Revision Date: May 6, 1996
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.
104
LD CouNtry
ADMINISTRATIVE MANUAL,
GENERAL ADMINISTRATION
Collect Calls by Employees to Centennial Center
Latest Revision Date: May 6, 1996
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.
105
........................................
WELDCOUNT "
ADMINISTRATIVE MANUAL
GENERAL ADMINISTRATION
Reimbursement Policy for Damage Incurred During Emergency,
Disaster, or Search and Rescue Situations
Latest Revision Date: May 6, 1996
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.
106
WET COUNTY
ADMINISTRATIVE MANUAL
GENERAL ADMINISTRATION
Compensation to Individuals for Losses Associated with
Animals and Equipment While in Volunteer Capacity
Latest Revision Date: May 6, 1996
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."
107
WELD COUNTY
,DM :I TRATI E MANUAL
GENERAL ADMINISTRATION
Emergency Closing Procedure
Latest Revision Date: May 6, 1996
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.
108
1�'EL COUNTY
GENERAL ADMINISTRATION
Smoking in Buildings and Vehicles Under the Control of Weld County
Latest Revision Date: May 6, 1996
By resolution on May 9, 1988, the Board of County Commissioners adopted the following policy regarding
smoking in buildings and vehicles under the control of Weld County:
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#118, 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.
109
WELD COUNTY
GENERAL ADMINISTRATION
Service Awards
Latest Revision Date: May 6, 1996
Weld County appreciates the extended service of its employees and provides service recognition awards
for employees who have completed ten and twenty years of continuous affiliation as an active full-time
employee. The ten-year award shall be an emerald pin and the twenty year award shall be a ruby pin. The
service awards shall be presented annually at an awards ceremony scheduled by the Board of County
Commissioners.
Employees formally retiring from Weld County service who have served continuously as an active employee
for eight years or more may be awarded a retirement pin at the time of their retirement by the Board of
County Commissioners upon the recommendation of the employee's department head or elected official.
Receipt of the above awards is not an employee right or guaranteed benefit. The award of the retirement
or service pins can be terminated by the Board at any time.
110
WELD COUNTY
ADMINISTRATIVE UAL
GENERAL ADMINISTRATION
Cellular Phones
Latest Revision Date: May 6, 1996
Any department or office needing a cellular phone will complete a Cellular Phone Request Form, available
through the Phone Services Department. On the form the department shall indicate the service requested
and the justification for the cellular phone. Phone Services staff will identify the costs to acquire and operate
the phone and make a recommendation to the Director of Finance and Administration concerning the
request. The Director of Finance and Administration will then make a recommendation to the Board of
County Commissioners. The Board of County Commissioners will then approve or disapprove the request.
Only those requests approved by the Board of County Commissioners will be permitted to acquire a cellular
phone with county funds.
111
DELI COUNT"
GENERAL ADMINISTRATION
Road and Bridge Policies
Latest Revision Date: May 6, 1996
Ordinance#180, adopted on May 31, 1995, with subsequent alpha designations, specifies the Public Works
Policies currently in effect and replaces all Road and Bridge Policies, Fugitive Dust Control on Weld County
Roads, and Procedures Regarding Survey Monuments previously stated herein. Please refer to the Public
Works Policy Manual for specific policies.
112
WELD COUNTY
ADMINISTRATIVE MANUAL
GENERAL ADMINISTRATION
Policy Regarding Temporary Closure of Weld County Roads
Latest Revision Date: May 6, 1996
According to state statute, Section 42-4-406(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.
113
Hello