The URL can be used to link to this page

Browse Search

Home My WebLink About941484.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MAY 9, 1994 TAPE #94-22 The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity with the laws of the State of Colorado at the regular place of meeting in the Weld County Centennial Center, Greeley, Colorado, May 9, 1994, at the hour of 9:00 a.m. ROLL CALL: The meeting was called to order by the Chairman and on roll call the following members were present, constituting a quorum of the members thereof: Commissioner W. H. Webster, Chairman Commissioner Dale K. Hall, Pro-Tem Commissioner George E. Baxter Commissioner Constance L. Harbert - EXCUSED Commissioner Barbara J. Kirkmeyer Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Shelly Miller Finance and Administration Director, Don Warden MINUTES: Commissioner Baxter moved to approve the minutes of the Board of County Commissioners meeting of May 4, 1994, as printed. Commissioner Hall seconded the motion, and it carried unanimously. CERTIFICATIONS OF HEARINGS: Commissioner Hall moved to approve the hearing conducted on May 4, 1994, as follows: 1) Substantial Change Hearing, Nugget Electric Company. Commissioner Baxter seconded the motion, and it carried unanimously. ADDITIONS: Chairman Webster added the following as Item #6 under New Business: Consider appointment to Local Juvenile Services Planning Committee. CONSENT AGENDA: Commissioner Hall moved to approve the consent agenda as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. COMMISSIONER COORDINATOR REPORTS: There were no reports given today. PUBLIC INPUT: No public input was offered. WARRANTS: Don Warden, Director of Finance and Administration, presented the following warrants for approval by the Board; General Fund $ 471,881.64 Handwritten Warrants: Payroll Fund $ 224, 124.87 Commissioner Baxter moved to approve the warrants as presented by Mr. Warden. Commissioner Hall seconded the motion, which carried unanimously. 941484 BIDS: PRESENT RENOVATION FOR CENTENNIAL PLAZA - FINANCE DEPARTMENT: Pat Persichino, General Services Director, read the names of the bidders into the record and indicated said bid would be considered for approval on May 23, 1994. EMERGENCY APPROVAL OF CONSTRUCTION OF NEW ROAD FOR ISLAND GROVE TREATMENT CENTER - FINANCE DEPARTMENT: Mr. Persichino said this bid was presented on May 4, 1994, and must be approved on an emergency basis in order to expedite the construction. Mr. Persichino recommended the bid from Western Mobile, Inc. for a total amount of $62, 710.94. After discussion, Commissioner Hall moved to approve said bid, and Commissioner Kirkmeyer seconded the motion which carried unanimously. PRESENT AND APPROVE PRESTRESSED CONCRETE SLABS - ROAD AND BRIDGE DEPARTMENT: Mr. Persichino indicated the low bid was from Hydro Conduit Corporation for $22, 175.00. George Cicoff, Public Works Director, explained this bid would save over $4,000.00 in road work costs associated with the construction of a bridge. Commissioner Kirkmeyer moved to approve said bid, and Commissioner Hall seconded the motion which carried unanimously. APPROVE YOUTH SHELTER ARCHITECT AND ENGINEERING SERVICES - GENERAL SERVICES: Mr. Persichino recommended approval of the low bid from Bley Associates at 4.5 percent of the total construction cost. Commissioner Hall moved to approve said bid, and Commissioner Kirkmeyer seconded the motion which carried unanimously. BUSINESS: NEW: COST REIMBURSEMENT CONTRACT BETWEEN COLORADO DEPARTMENT OF LOCAL AFFAIRS, OFFICE OF RURAL JOB TRAINING, AND EMPLOYMENT SERVICES AND AUTHORIZE CHAIRMAN TO SIGN: Walt Speckman, Human Resources Director, explained this contract is for the Youth Conservation Corps Plan. The National Association of Service and Conservation Corps funding for $18,354.00 will be combined with $40, 000.00 of the Job Training Partnership Act Summer Youth Employment and Training Programs funds to serve 20 youth. He explained the activities in which the youth will be involved, with the term of the project being from June 1, 1994, through September 30, 1994. Commissioner Baxter moved to approve said contract and authorize the Chairman to sign. The motion, seconded by Commissioner Kirkmeyer, carried unanimously. CONSIDER MASTER CONTRACT FOR TITLE II-A BETWEEN GOVERNOR'S JOB TRAINING OFFICE AND HUMAN RESOURCES AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Speckman indicated the term of this contract is from July 1, 1994, through June 30, 1997. Said contract covers various procedures, rules, and regulations for administration of the programs under the Job Training Partnership Act. Commissioner Hall moved to approve said contract and authorize the Chairman to sign. Commissioner Baxter seconded the motion, which carried unanimously. CONSIDER AGREEMENT FOR PAVING OF A PORTION OF WELD COUNTY 18 WITH TOWN OF FREDERICK AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Warden explained this matter was approved on November 3, 1993, concerning Empire Warehousing which will be annexed into Frederick. Empire will pay $50,000 for asphalt prior to Weld County providing the basework. In response to a question from Commissioner Kirkmeyer, Mr. Warden indicated the Public Works Department would reply to the letter from the Town of Frederick. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chairman to sign. The motion, seconded by Commissioner Hall, carried unanimously. Minutes - May 9, 1994 Page 2 CONSIDER MEMORANDUM OF UNDERSTANDING WITH ISLAND GROVE TREATMENT CENTER AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Warden explained this memorandum concerns the Community Development Block Grant for $425,000 to be managed by Weld County. The County will be reimbursed for the total cost of the project less the $425,000, land costs, and in-kind costs. Mr. Warden indicated the property and facility will be deeded to the Center with a ten- year deed restriction requiring the facility be used for residential and detoxification programs serving Weld County residents. Commissioner Hall moved to approve said memorandum and authorize the Chairman to sign. The motion was seconded by Commissioner Kirkmeyer and carried unanimously. CONSIDER REQUEST FROM HEALTH DEPARTMENT FOR AUTHORIZATION TO PROCEED WITH LEGAL ACTION 'AGAINST CHIU MU LIN, DBA THE CHINA PALACE: John Pickle, Health Department Director, indicated the administrative process has been exhausted concerning violations at this establishment. He explained the business has been in operation since 1985 and there have been four administrative hearings for serious violations. Mr. Pickle said Mr. Lin's son, a medical student, has acted as an interpreter in the past; however, the problems have not been corrected and compliance has not been maintained. He indicated the violations consist of mouse infestation, improper food storage and temperature, etc. , which can cause Hepatitis A. The owners of the facility were allowed ten days to clean; however, the establishment was reinspected on May 6, 1994, and further deterioration was found. Mr. Pickle recommended the Board authorize legal action to permanently close the facility since it is a public health nuisance and a threat to the public. Mr. Barker said the District Attorney's Office has provided a letter allowing the Board to appoint the County Attorney's Office to pursue nuisance actions if the Board desires. He indicated this is a Class 3 nuisance. Mr. Lee interpreted for Mr. Lin and stated Mr. Lin has hired a company to clean the kitchen per the Health Department's instruction at a cost of $500.00. In response to questions from the Board, Mr. Lee explained that Mr. and Mrs. Lin work over 14 hours a day, and it is hard for them to communicate with the Health Department. Mr. Lee stated that Mr. Lin said he can adapt to the cooking and cleaning requirements of the Health Department. Mr. Lee said Mr. Lin has a small kitchen and is willing to buy equipment to keep the food hot. Mr. Pickle indicated there are numerous violations, including the transportation and storage of food, etc. , and the Health Department has gone to great lengths to explain sanitation and food handling methods to the Lins. He indicated the same violations exist now that existed when his son previously was present to interpret; therefore, communication is not the only problem. After further discussion, Mr. Barker indicated a complaint is ready to be filed with the Court today. Mr. Pickle reiterated the Lins had a clear understanding that there would be no more administrative hearings and stated their son/interpreter, as a medical student, was very knowledgeable of the seriousness of the violations. Mr. Pickle explained that inspections and letters of violation were completed in March and May of 1994, and a final inspection was done on May 6, 1994. Mr. Lee indicated Mr. Lin's sister-in-law lives in Fort Collins and has acted as an interpreter since the son went back to school. Mr. Lin explained that he cannot read or speak English very well and reiterated that he and his wife work 14 to 18 hours per day and they are tired. Mr. Barker recommended the Board authorize legal action and explained that there would be a two- to four-week period before the preliminary injunction hearing. Therefore, if Mr. Lin is willing to change, he would have time to do so. Mr. Barker reiterated the County Attorney's Office and the Health Department recommend the Board proceed with legal action. Mr. Warden noted that Mr. Lin would have the opportunity to provide evidence that he has corrected the Minutes - May 9, 1994 Page 3 problems at the hearing. Mr. Barker said another inspection would be done before the hearing. Commissioner Hall moved to authorize the County Attorney to proceed with legal action against Chiu Mu Lin, dba The China Palace. The motion was seconded by Commissioner Kirkmeyer and carried unanimously. CONSIDER APPOINTMENT TO LOCAL JUVENILE SERVICES PLANNING COMMITTEE: Mr. Barker explained that L. Robert Lowenbach, Juvenile Magistrate, has recently been appointed as a District Court Judge; therefore, the Board should recommend to the Chief Judge of the Judicial District that David Melusky, the new Juvenile Magistrate, replace Judge Lowenbach on the committee. Commissioner Hall confirmed that Mr. Melusky is willing to serve on said committee and moved to approve the appointment. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. There were no ordinances. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Acting Clerk to the Board. There being no further business, this meeting was adjourned at 9:40 a.m. 1141/01dain APPROVED: ATTEST: BOARD OF COUNTY COMMISSIONERS WELD COUNTY,�/ /FLORADO Weld County Clerk to the Board ��I " / f/( At n J } 1 CJLLQ n - . Webster, hai n By: Zp /�. / I I ��, Deputy Cltyk to the Board Dale . eo ge . Baxter EXCUSED Constance L. Harbert EXCUSED DATE OF APPROVAL Barbara J. Kirkmeyer Minutes - May 9, 1994 Page 4 RECORD OF PROCEEDINGS MINUTES BOARD OF SOCIAL SERVICES WELD COUNTY, COLORADO MAY 9, 1994 TAPE 1194-22 The Board of County Commissioners of Weld County, Colorado, met in regular session as the Board of Social Services in full conformity with the laws of the State of Colorado at the regular place of meeting in the Weld County Centennial Center, Greeley, Colorado, May 9, 1994, at the hour of 9:00 a.m. ROLL CALL: The meeting was called to order by the Chairman and on roll call the following members were present, constituting a quorum of the members thereof: Commissioner W. H. Webster, Chairman Commissioner Dale K. Hall, Pro-Tem Commissioner George E. Baxter Commissioner Constance L. Harbert - EXCUSED Commissioner Barbara J. Kirkmeyer Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Shelly Miller Director of Finance and Administration, Donald Warden MINUTES: Commissioner Hall moved to approve the minutes of the Board of Social Services meeting of May 4, 1994, as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. WARRANTS: Don Warden, Director of Finance and Administration, presented the warrants for approval by the Board in the amount of $20,238.09. Commissioner Baxter moved to approve the warrants as presented by Mr. Warden. Commissioner Hall seconded the motion, which carried unanimously. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Acting Clerk to the Board. There being no further business, this meeting was adjourned at 9:45 a.m. APPROVED: ATTEST: LirtlidatanBOARD OF COUNTY COMMISSIONERS WELD COUNTY COLORADO Weld County Clerk to the Board � W Webster, Cha' man By: 7/ZLeL, 1_-i l,Leitti Deputy Cl k to the Board DalK. Hall, P -Tem y 74- George Baxter EXCUSED Constance L. Harbert EXCUSED DATE OF APPROVAL Barbara J. Kirkmeyer Hello