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HomeMy WebLinkAbout20153596.tiff Jete-e / / WELD COUNTY CODE ORDINANCE 2015 -24 IRE IN THE MATTER OF REPEALING AND REENACTING , WITH AMENDMENTS , CHAPTER 2 ADMINISTRATION AND CHAPTER 17 PUBLIC PLACES , OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD , STATE OF COLORADO : WHEREAS , the Board of County Commissioners of the County of Weld , State of 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 Board of County Commissioners , on December 28 , 2000 , adopted Weld County Code Ordinance 2000- 1 , enacting a comprehensive Code for the County of Weld , including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption , and WHEREAS , the Weld County Code is in need of revision and clarification with regard to procedures , terms , and requirements therein . NOW, THEREFORE , BE IT ORDAINED by the Board of County Commissioners of the County of Weld , State of Colorado , that certain existing Chapters of the Weld County Code be , and hereby are , repealed and re-enacted , with amendments , and the various Chapters are revised to read as follows . CHAPTER 2 ADMINISTRATION Amend Sec . 2-1 -125 . - Delegation of Authority to Sign Standard Form Agreements . The Board of County Commissioners periodically approves , by Resolution , standard form agreements , each of which are available from the Clerk to the Board 's Office . A . The Chair to the Board is delegated the authority to sign any agreement in substantial conformance with the following : 1 . Standard Form of GIS Data License Agreement . 2 . Standard Form of License and Exchange Agreement for Geographic Data . 3 . Standard Form of Agreement for Access to Clerk and Recorder Data Base . 4 . Standard Forms of Agreements for Conduct of Coordinated Elections , including various forms for Master Version , Tabor Version , and School Version of Memorandum of Intergovernmental Agreements for conducting Coordinated Elections . 5 . Standard Form of Electronic Recording Memorandum of Understanding . 6 . Standard Form of Memorandum of Understanding for Collection of Sales and/or Use Tax by Weld County Clerk and Recorder. PAGE 1 2015-3596 ORD2015-24 q 4 67 . Standard Forms of Memorandum of Understanding Concerning Use of Building (Open Pod/Closed Pod) . 78 . Standard Form for Child Protection Agreement for Respite CareServices . 9 . Standard Form for Child Protection Agreement for Services . 810 . Standard Form for Addendum to Agreement to Purchase Therapeutic Residential Child Care Facility Services/Residential Child Care Facility ServicesStandard Form for Agreement to Purchase Out-of- Home Placement Services SS23A. 911 . Standard Form for Addendum to Agreement to Purchase Child Placement Agency ServicesStandard Form for Exhibit to the SS23A for the Purchase of Residential Child Care Facility Services . 1-012 . Standard Forms for Addendum to Agreement to Purchase Residential Out-of-State Residential Child Care Facility ServicesStandard Form for Exhibit to the SS23A for the Purchase of Child Placement Agency Services . 4413 . Group Home Care ServicesStandard Form for Exhibit to the SS23A for the Purchase of Group Home Care Services . 4214 . Standard Form for Individual Provider Contract for Purpose of Foster Care Services and Foster Care Facility Agreement and the Addendum to Individual Provider Contract for Purpose of Foster Care Services and Foster Care Facility AgreementStandard Form for Exhibit to the SS23A for the Purchase of Group Home/Group Center Care Services . X15 . Standard Form of Agreement and Addendums to Agreement to Purchase Out-of-Home Placement ServicesStandard Form for Individual Provider Contract for Purpose of Foster Care Services and Foster Care Facility Agreement CWS-7 . 4416 . Standard Form of Agreement and Addendum to Agreement to Purchase Group Home/Group Center Care ServicesStandard form for Exhibit A to CWS-7A - Additional Provisions for Purchase of Foster Care Services and Foster Care Facility Agreement . 17 . Standard Form of Agreement for Child Welfare Contract Agreement Extension/Renewal . 18 . Standard Form for Agreement to Grant Temporary Right of Entry . 1519 . Standard Form of Weld County Retired Employee Employment Contract . 1-620 . Standard Form of Agreement for Municipal Jail Services . B . Delegation of authority concerning various forms of standard agreements for Elections Division Facility Usage . As necessary , the Board of County Commissioners may approve , by Resolution , various form agreements for the i utilization of locations by the Elections Division for ballot drop off locations , and voter service centers and polling centers . By said Resolution , the Board grants standing authority to the Clerk and Recorder to sign such agreements , after review by the County Attorney to verify that they were completed in accordance with the form approved by the Board . PAGE 2 2015-3596 ORD2015-24 C . The Director of the Weld County Department of Public Health and Environment is delegated the authority to sign any agreement in substantial compliance with the following : Standard Form Agreements for Sampling and Analysis of Drinking Water and/or Wastewater by the Weld County Department of Public Health and Environment . D . The Weed Division Supervisor, Department of Public Works , is delegated the authority to sign any agreement in substantial conformance with the following : 1 . Standard Form Agreement for Chemical Weed Control Cost Share Agreement . 2 . Standard Form Agreement for Chemical Weed Control Cost Share Agreement Through West Greeley Conservation District . 3 . Standard Form Agreement for Eradication Species Chemical Weed Control Cost Share Agreement . E . Delegation of Authority to the Director of the Department of Human Services : 1 . Standard Form for Colorado Works in Weld County Employment and Training Program Work Supplement Activity Agreement . 2 . Addendum to SS23A - Needs Based Care Addendum . 3 . Child Specific Addendum - Agreement to Purchase Out-of- Home Placement Services (SS23B) 1 ARTICLE III N PLANNING AND ZONING MATTERS • Amend Sec . 2 -3-20 . Quasi -judicial hearing before partial Board . When less than a full Board is present at a quasi -judicial hearing before the Board of County Commissioners , the following rules shall apply : A. For planning matters only , the applicant or appellant is to be advised that he or she 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 . BA . In the event the matter is heard with only four (4) members present and the vote is a 2 - 2 tie , the matter is automatically tableccontinued to a date set by the Board . The absent member will listen to the tapesaudio recording of the proceedings and review all submitted exhibits . After the absent member has listened to the tapesaudio recording and reviewed all submitted exhibits , the matter will be reconsideredreopened on the continuance date for the limited purpose of receiving the absent member' s tie-breaking vote . PAGE 3 2015-3596 ORD2015-24 GB . A quasi -judicial hearing , as used in this Section , 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 of County Commissioners . DC . 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 . ARTICLE XII MISCELLANEOUS POLICIES Amend Sec . 2-12-140 . Policy for use of meeting rooms . A. It is the policy of the Board of County Commissioners to allow use of the meeting room at the Southwest and Southeast Weld County Services Centers on a cost basis to community groups when such does not interfere with regular County-sponsored activities . B . The Board of County Commissioners does not intend to compete with persons who have space to rent. No group is entitled to the continuous or intermittent use of the meeting room . There is no obligation on the part of the County to make the meeting room available to groups for strictly personal or commercial purposes . C . The use of the meeting room shall be denied to groups who , in the judgment of the County Commissioners , have as their purpose : 1 . To advocate or foment racial or religious prejudices . 2 . To advance any doctrine or theory subversive to the Constitution or laws of the State of Colorado or the United States . 3 . To advocate social or political change by force or violence . D. Use of the meeting room . 1 . All groups sponsoring meetings in the meeting room shall schedule use of the room through the Weld County Department of Human Resources , Room 202 , Weld County Centennial Center, 915 10th Street , Greeley , Colorado (970) 336-7220 . at no cost . 3 . The rate on the rental schedule in this Article shall be charged to all sponsored groups other than County-sponsored groups using the room after regular hours . Regular working hours are defined a . . . . . /1 . No alcoholic beverages will be permitted upon the premises . 5 . The sponsoring group shall , at the end of use , remove all supplies , materials , refuse and any other materials from the leased space , and shall leave the premises in a condition reasonably similar to the condition in which the premises were rented . If any damage is done to the property by any person with the sponsoring group , the damage shall be repaired and the damage deposit wit, be used to defray the expenses thereof. The deposit will be refunded . 6 . The user must notify the County employee in attendance when the meeting room has been cleared . E . Fees . See Appendix 5-A , Commercial Rental Schedule. I PAGE 4 2015-3596 ORD2015-24 F . Waiver of rental fees . 1 . The Board of County Commissioners may waive building rental fees for recognized nonprofit organizations , excluding religiously affiliated groups , provided that the ent as follows : a . The event is of specific benefit to County citizens . c. The event is a fundraiser for a charitable purpose potentially benefiting County citizens . 2 . The nonprofit organization must pay a damage deposit and any and all damages , plus Conference and meeting rooms in County buildings may only be used by Elected Officials , Department Heads , and employees to conduct County business , or for meetings arranged by agencies of the State or Federal governments or political subdivisions of the State . CHAPTER 17 PUBLIC PLACES ARTICLE IV COUNTY BUILDINGS AND GROUNDS Amend Sec . 17 -4-10 . General policies . A. purposes only , unless specified in this Article or by resolution of the Board of County Commissioners . Conference and meeting rooms in County buildings may only be used by Elected Officials , Department Heads , and employees to conduct County business , or for meetings arranged by agencies of the State or Federal governments or political subdivisions of the State . B . All County department offices shall be open from 8 : 00 a . m . until 5 : 00 p . m . Monday through Friday , excluding holidays . At the discretion of an elected official or department head , public access to a County office may be restricted to no less than 8 : 30 a . m . to 4 : 30 p . m . , Monday through Friday , except holidays , as long as such hours are posted for public information . C . Use of County buildings . t ie Centennia Center faci ities curing regu ar bui cing lours . 1 . Arrangement for use of common meeting rooms in the Centennial Center during • we an acvance in otter :o secure -aci :ies . 21 . Walls and partitions may not be used to display posters , poster pictures , notices , etc. Bulletin boards are provided to display notices or other items of interest . 3 . Wa I clocks in tie buildings are on a synchronizes system and must not be tampered with by anyone . PAGE 5 2015-3596 ORD2015-24 42 . When Aan employee may requestrequires a key to his or her office , with evidence of he employee ' s department head or designee will make the request to Buildings and Grounds . 63 . There shall be no soliciting for sales or donations or distribution of literature in County buildingsthe Centennial Center. The Department of Buildings and Grounds should be notified of any violations of this Paragraph . 64 . Thermostat settings are to be changed onlycentrally managed through software by the Department of Buildings and Grounds for energy conservation . Adjustments shall be made by Buildings and Grounds . Amend Sec . 17-4-20 . Parking at Centennial Center. A. Assignment of parking spaces . The Director of Administrative ServicesHuman Resources shall determine the number of spaces assigned to the courts , security , buildings and grounds and visitors at the Centennial Center. A parking space is assigned to each Centennial Center department head and elected official . The remainder of the parking spaces are assigned to County employees located at the Centennial Center according to seniority . The list of employees who desire a parking space is maintained by the Department of Human Resources . B . A monthly fee set by the Board of County Commissioners must be paid by each individual 1 parking in an assigned space at the Centennial Center. The monthly parking fee will be deducted from the individual ' s monthly salary . C . No exchange of parking spaces will be permitted . D . A parking space will be revoked if it is misused . E . Security within the garage is paramount . All rules will be strictly enforced . F . No trucks , campers , pickups with camper shells higher than the cab of the pickup or other similar vehicles will be permitted in the garage . G . The County will not pay tickets or fines for "over parking . " These are the permittee 'semployee'S personal responsibility . Amend Sec . 17-4-30 . Centennial Center and Courthouse after hours . A . The doors to the Centennial Center and Courthouse are open from 7 : 30 a . m . to 5 : 30 p . m . , Monday through Friday , except for legal holidays . Picture I . D . cards have been issued to employees for the safety and well-being of all employees ; and security guards and electronic security devices are in place to allow controlled access to the building . Employees working in the buildings or having a need to access the parking garage have been given security codes and keys to access the appropriate areas . PAGE 6 2015-3596 ORD2015-24 B . In order for an employee to gain entrance to the Centennial Center or Courthouse after hours , on holidays or on weekends , when codes or keys are not in their possession , the employee must notify security ahead of the scheduled arrival time by calling 356-4000 , extension 4836 , and notifying the security guard of the time the employee will be seeking admittance . C . The employee is responsible for any non-employed individual accompanying said employee and entering the building during off-duty hours . D . The conference rooms in the Centennial Center may be scheduled through the Commissioners' office for after-hours use by all County departments to conduct County business . Delete Sec. 17-4-50 . Chamber Room rental policy. A. It is the policy of the Board of County Commissioners to allow the use of the Board's Chamber Room B . The Board of County Commissioners does not intend to compete with persons who have space to rent . No group is entitled to the continuous or intermittent use of the Chamber Room . There is no obligation on the part of the County to make the Chamber Room C . The use of the Chamber Room shall be denied to groups who , in the judgment of the County Commissioners , have as their purpose : 1 . To advocate or foment racial or religious prejudices ; 2 . To advance any doctrine or theory subversive to the Constitution or laws of the State of Colorado or the United States ; or 3 . To advocate social or political change by force or violence . D . Use of the Board's Chamber Room . 1 . All groups sponsoring meetings in the Chamber Room shall make application on forms provided by the Board of County Commissioners . Scheduling will be made by the Commissioners' Secretary . at no cost . 3 . The rate on the rental schedule in this Article shall be charged , plus the initial fifty-dollar regular hours . 4 . No alcoholic beverages will be permitted upon the premises . 5 . The sponsoring group shall , at the end of use, remove all supplies, materials , refuse and any other materials from the leased space , and shall leave the premises in a condition reasonably similar to the condition in which the premises were rented . If any damage is balance , if any , will be refunded to the sponsoring group . If no damage is done , the entire deposit wilt be refunded . 6 . The user must notify the security guard when the Chamber Room has been cleared . PAGE 7 2015-3596 ORD2015-24 Delete Sec. 17-4-60 . Waiver of rental fees . A . The Board of County Commissioners may waive buid+ng rental fees for recognized nonprofit organizations , excluding religiously affiliated groups , provided that the 1 . Is of specific benefit to County citizens ; 2 . Provides a public service or public information to County citizens; and 3 . Is a fund raiser for a charitable purpose potentially benefiting County citizens . B . The nonprofit organization must pay a damage deposit and any and all damages , plus Delete Sec. 17-4-70. - Room rental schedule . A. The rental schedule for the Board 's Chamber Room is thirty dollars ($30 . 00) per hour. 1 . A damage and cleaning fee of fifty dollars ($50 . 00) will be applied to the rental charges if everything is left in a satisfactory condition . 2 . A County employee responsible for the building must be present during events . The per hour by the sponsoring group prior to the opening of the event. basis determined by the department head . C . Fees and rates for an inside parking space at the Centennial Center are as follows : 1 . Passenger cars , pickups and vans : twelve dollars and fifty cents ($ 12 . 50) per month . 2 . Motorcycles : six dollars and twenty-five cents ($6 . 25) per month . 3 . Employees working shifts from 5 : 00 p . m . to 8 : 00 a . m . : no charge . Amend Sec . 17 -4-850 . Energy conservation . The Director of Buildings and Grounds shall implement all energy conservation measures recommended by the Board of County Commissioners , Department of Energy or State Office of Energy in buildings owned and leased by the County whenever it is operationally feasible , economically feasible and not in conflict with any local , state or federal law or regulation . Amend Sec . 17 -4-960 . Maintenance of County facilities . A . The Department of Buildings and Grounds will be in charge of all maintenance and repair of County facilities , owned and leased . Requirements for repair or maintenance identified by the occupying department should be submitted on a work order to the Department of Buildings and Grounds . B . Special projects of a nonemergency nature should be submitted in the department' s budget request as specified in the budget manual . C . Capital projects are submitted and prepared during the budget process . PAGE 8 2015-3596 ORD2015-24 Amend Sec . 17 -44070 . Lost and found service. The lost and found service is maintained by the Department of Human Resources located in the Administration BuildingCentennial Center. Items found on the premises are to be delivered there as soon as possible . Amend Sec . 17 -4-4480 . Accessibility in County buildings. County buildings shall comply , if necessary pursuant to federal law, with the Uniform Federal Accessibility Standards and the ADA Accessibility Guidelines for Buildings and Facilities . BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be , and hereby is , directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the amendments contained herein , to coincide with chapters , articles , divisions , sections , and subsections as they currently exist within said Code ; and to resolve any inconsistencies regarding capitalization , grammar, and numbering or placement of chapters , articles , divisions , sections , and subsections in said Code . BE IT FURTHER ORDAINED by the Board , if any section , subsection , paragraph , sentence , clause , or phrase of this Ordinance is for any reason held or decided to be unconstitutional , such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section , subsection , paragraph , sentence , clause , and phrase thereof irrespective of the fact that any one or more sections , subsections , paragraphs , sentences , clauses , or phrases might be declared to be unconstitutional or invalid . The above and foregoing Ordinance Number 2015-24 was , on motion duly made and seconded , adopted by the following vote on the 14th day of December, A . D . , 2015 . BOARD OF COUNTY COMMISSIONERS WELD COUNTY , COLORADO ATTEST : Barbara Kirkmeyer, Chair Weld County Clerk to the Board Mike Freeman , Pro-Tem BY : Deputy Clerk to the Board Sean P . Conway APPROVED AS TO FORM : Julie A . Cozad County Attorney Steve Moreno I PAGE 9 2015-3596 ORD2015-24 I I First Reading : November 9 , 2015 Publication : November 18 , 2015 , in the Greeley Tribune Second Reading : November 30 , 2015 Publication : December 2 , 2015 , in the Greeley Tribune Final Reading : December 14 , 2015 Publication : December 23 , 2015 , in the Greeley Tribune Effective : December 28 , 2015 PAGE 10 2015-3596 ORD2015-24 Hello