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Home My WebLink About941460.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MARCH 28, 1994 TAPE #94-15 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, March 28, 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 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 Kirkmeyer moved to approve the minutes of the Board of County Commissioners meeting of March 23, 1994, as printed. Commissioner Baxter seconded the motion, and it carried unanimously. CERTIFICATIONS OF HEARINGS: Commissioner Hall moved to approve the hearing conducted on March 23, 1994, as follows: 1) Special Review Permit for an industrial use in the A (Agricultural) Zone District for a natural gas processing facility, Snyder Oil Corporation, c/o Swanson and Morris. Commissioner Harbert seconded the motion, and it carried unanimously. ADDITIONS: There were no additions to the agenda. CONSENT AGENDA: Commissioner Harbert moved to approve the consent agenda as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. COMMISSIONER COORDINATOR REPORTS: No reports were 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 $ 277,925.75 Commissioner Baxter moved to approve the warrants as presented by Mr. Warden. Commissioner Kirkmeyer seconded the motion, which carried unanimously. 941460 BUSINESS: OLD: CONSIDER CLARIFICATION OF FINDINGS OF PROBABLE CAUSE CONCERNING RENEWAL OF TAVERN LIQUOR LICENSE, WITH EXTENDED HOURS, FOR HENRY L. WALKER, DBA BEARS SPORTS SALOON (03/23/94) : Bruce Barker, County Attorney, explained the Board needs to clarify the probable cause finding made on March 23, 1994. He indicated Ordinance No. 102 states the Board may consider four factors in a public hearing to determine if good cause exists to refuse the renewal of any liquor license. Mr. Barker reminded the Board that a Show Cause hearing was set for April 18, 1994, and suggested the Board make a finding of fact of which factor was violated. He indicated Charles Dickson, Attorney representing the applicant, presented a letter concerning security and Mr. Walker has been working with the Sheriff's Office. Commissioner Hall stated he was referring to Factor #2 of Ordinance No. 102 when he made the motion, and Commissioner Harbert, who seconded the motion, said she was also considering Factor #2 and would like to see the applicant work with the Sheriff's Office to work out a plan. Mr. Barker reiterated the applicant is already working with the Sheriff's Office on a plan for security. Mr. Dickson stated they are entitled to know what incidents reflect a violation of Factor #2. Commissioner Hall explained he based his motion on the information he had at that time and is concerned because an employee has been involved in certain incident. He said criminal charges have been pressed on an employee, and he wants to make sure the rowdiness and disturbances do not continue. Chairman Webster questioned whether the Board could listen to the plan to rectify the problems, rescind the hearing, and determine the renewal today. Mr. Barker stated the hearing was set to determine whether there is good cause to not renew the license. He said only clarification of the motion is needed at this time, indicating which factor the Board is considering so the applicant can adequately prepare for the hearing. Commissioner Harbert's response to Mr. Dickson was that the establishment needs a better security plan. Mr. Dickson indicated, after reviewing the police reports, there were only incidents in which the employee was charged and the cases are pending in court, with the employee claiming self-defense. Commissioner Hall reiterated his concern about an employee being involved and moved to incorporate Factor #2 of Ordinance No. 102-A into his motion made on March 23, 1994, to set a hearing for April 18, 1994. Commissioner Harbert seconded the motion. Commissioner Baxter indicated he had voted for the motion and reiterated that the Show Cause hearing proceed to review remedies. The motion then carried unanimously. NEW: CONSIDER CONTRACT WITH COLORADO DEPARTMENT OF HEALTH FOR STATE LEGALIZATION IMPACT ASSISTANCE GRANT AND AUTHORIZE CHAIRMAN TO SIGN: John Pickle, Health Department Director, stated this contract will allow reimbursement for services provided to illegal aliens from October 1, 1990, through September 30, 1992, concerning illegal aliens in the amount of $33,228. Commissioner Baxter moved to approve said contract and authorize the Chairman to sign. The motion, seconded by Commissioner Harbert, carried unanimously. CONSIDER MOBILE VOTER REGISTRATION FOR 1994 PRIMARY AND GENERAL ELECTIONS: Mary Ann Feuerstein, Clerk and Recorder, said this is a customary, routine matter for elections which allows people to register at mobile locations such as grocery stores, etc. Commissioner Kirkmeyer moved to approve the mobile voter registration for the 1994 Primary and General Elections. Commissioner Hall seconded the motion, which carried unanimously. Minutes - March 28, 1994 Page 2 CONSIDER AGREEMENT FOR NON-DESTRUCTIVE TESTING ON BRIDGE #8/25A AND AUTHORIZE CHAIRMAN TO SIGN: Commissioner Kirkmeyer, on behalf of Drew Scheltinga, County Engineer, explained research and evaluation for new materials will be done at no charge. Commissioner Kirkmeyer then moved to approve said agreement and authorize the Chairman to sign. The motion, seconded by Commissioner Baxter, carried unanimously. CONSIDER AGREEMENT FOR SALE AND PURCHASE OF VACANT LAND FOR RIGHT-OF-WAY AND/OR EASEMENTS WITH DONALD A. PARKER AND AUTHORIZE CHAIRMAN TO SIGN - BRIDGE #18/25A: Commissioner Kirkmeyer explained this agreement is to purchase right-of-way for a bridge over the South Platte River, and Donald Parker will be paid $2,537.50 for 2.82 acres. Commissioner Kirkmeyer then moved to approve said agreement and authorize the Chairman to sign. The motion, seconded by Commissioner Harbert, carried unanimously. CONSIDER CHANGE ORDER NO. 3 WITH THISSEN CONSTRUCTION COMPANY FOR JAIL RENOVATION AND AUTHORIZE CHAIRMAN TO SIGN: Pat Persichino, Director of General Services, said this change order is for the jail renovation project in the amount of $24,870 for various items. Commissioner Kirkmeyer moved to approve said change order and authorize the Chairman to sign. The motion, seconded by Commissioner Baxter, carried unanimously. CONSIDER CONTRACT AMENDMENT BETWEEN DEPARTMENT OF PUBLIC SAFETY, DIVISION OF CRIMINAL JUSTICE, AND OFFICE OF DISTRICT ATTORNEY AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Warden indicated this amendment is for renewal of the Juvenile Diversion Contract. Commissioner Baxter moved to approve said contract amendment and authorize the Chairman to sign. The motion was seconded by Commissioner Hall, and it carried unanimously. CONSIDER APPOINTMENT TO COMMUNITY CORRECTIONS BOARD: Chairman Webster indicated Michael Guthrie should be appointed as the representative with law enforcement background, to replace Dick Evans, with his term to expire August 1, 1996. Commissioner Kirkmeyer moved to approve said appointment, and Commissioner Hall seconded the motion which carried unanimously. CONSIDER APPOINTMENT TO BOARD OF ADJUSTMENT: Chairman Webster indicated Timothy Losh should be appointed as the District 5 representative, to replace Raymond Mora, with his term to expire December 31, 1994. Commissioner Baxter moved to approve said appointment, and Commissioner Harbert seconded the motion which carried unanimously. CONSIDER REAPPOINTMENTS AND APPOINTMENTS TO PLACEMENT ALTERNATIVES COMMISSION: Commissioner Harbert stated she sat in on this interview process and the following recommendation from PAC is good: Troy Hause, Attorney, with his term to expire December 31, 1994; Michael Escobar, Law Enforcement State Patrol; Susan Ruth, Community at Large; Cliff Brookhart, Community at Large; Mike Hoover, Special Education; and Joe Murphy, Probation, all with terms to expire December 31, 1996. Commissioner Kirkmeyer moved to approve said reappointments and appointments, and Commissioner Hall seconded the motion which 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. Minutes - March 28, 1994 Page 3 There being no further business, this meeting was adjourned at 9:25 a.m. APPROVED: ATTEST: Leiglia4 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COL RADO /) Weld County Clerk to the Board // �i �7 H. Webster, Ch irman CJ /L BY: -YIx)Yl c� . Deputy Cler to the Board Dale/K. Ha eo e : Baxter p Constance L. Harbert i -4 / /).r,h,.E' ,_y eA . - Barbara J. Kirkmeye-f i Minutes - March 28, 1994 Page 4 RECORD OF PROCEEDINGS MINUTES BOARD OF SOCIAL SERVICES WELD COUNTY, COLORADO MARCH 28, 1994 TAPE 1194-15 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, March 28, 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 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 Baxter moved to approve the minutes of the Board of Social Services meeting of March 23, 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 $43, 723.32. Commissioner Kirkmeyer 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 9:30 a.m. APPROVED: ATTEST: Luzi Mutt BOARD OF COUNTY COMMISSIONERS WELD COUNTY,/ T C LORADO /� Weld County Clerk to the Board J//` / J /)/J J/171 1/- H. f `y � 'pn / H. Webster, C irm By: W /�-a� 1 C- V Detrdty Cler1 o the Board Dal Hall, ro- em eorge Baxter Constance L. Harbert Barbara J. Kirkmey r C RECORD OF PROCEEDINGS MINUTES HOUSING AUTHORITY WELD COUNTY, COLORADO MARCH 28, 1994 TAPE #94-15 The Board of County Commissioners of Weld County, Colorado, met in regular session as the Housing Authority Board 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, March 28, 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 Commissioner Barbara J. Kirkmeyer Also present: County Attorney, Bruce Barker Acting Clerk to the Board, Shelly Miller Finance and Administration Director, Don Warden MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Housing Authority Board meeting of February 28, 1994, as printed. Commissioner Hall seconded the motion, and it carried unanimously. NEW BUSINESS: CONSIDER DIVISION OF HOUSING DISCLOSURE REPORT TO COLORADO DIVISION OF HOUSING FOR HOME CONTRACT AND AUTHORIZE CHAIRMAN TO SIGN ANY NECESSARY DOCUMENTS: Jim Sheehan, Housing Authority representative, said these matters are basically housekeeping issues concerning this year's HOME/CDBG contracts. Commissioner Hall moved to approve said report and to authorize the Chairman to sign. The motion, seconded by Commissioner Baxter, carried unanimously. CONSIDER CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT AND CERTIFICATIONS FOR SECTION 8 VOUCHER PROGRAM WITH HUD AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Sheehan said this amendment will expire April 30, 1994, and will support 20 Section 8 units in the amount of $113, 732. The total amount for twelve months will be $1,077,949. Commissioner Kirkmeyer moved to approve said contract and authorize the Chairman to sign. The motion was seconded by Commissioner Hall, and it 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 9:35 a.m. �J APPROVED: /ATTEST: 0tr �! /��GG� h BOARD OF COUNTY COMMISSIONERS JC WELD COUNTY, 0 RADO Weld County Clerk to the Board / I' BY: SA �qq H. ebster, ha' an .P L�P-Ci. k-, 1 it, 2 Deputy Clergy to the Board Dale K all, Pro-.N eor e E./Baxter Constance L. Harbert zi /Barbara J. Kirkmey r Minutes - March 28, 1994 Page 2 Hello