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HomeMy WebLinkAbout982155.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO NOVEMBER 9, 1998 TAPE#98-31 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, November 9, 1998, at the hour of 9:00 a.m. ROLL CALL: The meeting was called to order by the Chair and on roll call the following members were present, constituting a quorum of the members thereof: Commissioner Constance L. Harbert, Chair Commissioner W. H. Webster, Pro-Tem Commissioner George E. Baxter Commissioner Dale K. Hall Commissioner Barbara J. Kirkmeyer Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Carol A. Harding Director of Finance and Administration, Donald D. Warden MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board of County Commissioners meeting of November 4, 1998, as printed. Commissioner Webster seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Baxter moved to approve the Certification of Hearings conducted on November 4, 1998, as follows: 1) A Site Specific Development Plan and Special Review Permit # 1199, Western Mobile, Inc.; and 2) Planned Unit Development Change of Zone#515, Bill Hall/Lindies Lake. Commissioner Hall seconded the motion, which carried unanimously. ADDITIONS TO AGENDA: There were no additions to the agenda. CONSENT AGENDA: Commissioner Webster moved to approve the consent agenda as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. PUBLIC INPUT: There was no public input. 982155 e26., /yN 4""A--e-1 BC0016 WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $ 816,686.98 Commissioner Webster moved to approve the warrants as presented by Mr. Warden. Commissioner Hall seconded the motion, which carried unanimously. BUSINESS: NEW: CONSIDER CHANGE ORDER LETTER#1 FOR HIV PREVENTION SERVICES CONTRACT AND AUTHORIZE CHAIR TO SIGN Trevor Jiricek, Weld County Health Department, explained Health Department Director, John Pickle, has been delayed in traffic and will be available later in the morning if the Board has questions on any items. Commissioner Kirkmeyer moved to approve said change order and authorize the Chair to sign. Seconded by Commissioner Hall, the motion carried unanimously. CONSIDER CHANGE ORDER LETTER #1 FOR CHLAMYDIA TESTING CONTRACT AND AUTHORIZE CHAIR TO SIGN: Commissioner Baxter moved to approve said change order and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER CONTRACT AMENDMENT #2 FOR AIR QUALITY PROGRAM AND AUTHORIZE CHAIR TO SIGN: Commissioner Kirkmeyer moved to approve said amendment and authorize the Chair to sign. Seconded by Commissioner Webster, the motion carried unanimously. CONSIDER CONTRACT AMENDMENT#1 TO OEC SOLID WASTE GRANT AND AUTHORIZE CHAIR TO SIGN: Commissioner Baxter moved to approve said amendment and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER TEMPORARY CLOSURE OF WELD COUNTY ROAD 16 BETWEEN WELD COUNTY ROADS 71 AND 73: Commissioner Webster moved to approve said closure. The motion, which was seconded by Commissioner Kirkmeyer, carried unanimously. CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES ON WELD COUNTY ROAD 32 BETWEEN HIGHWAY 85 AND WELD COUNTY ROAD 29: Frank Hempen, Jr., Director of Public Works, recommended changing the speed limit from 55 mph to 30 mph on Weld County Road 32 between Highway 85 and Weld County Road 29, with the appropriate traffic signs installed. He stated this recommendation is in response to a request from area residents, although the main factor in his recommendation is the steep hill which produces a limited sight distance of approximately 200 feet. Commissioner Baxter moved to approve installation of said signs. The motion, which was carried by Commissioner Kirkmeyer, carried unanimously. CONSIDER MINING LEASE FOR BEARSON PROPERTY FOR SAND GRAVEL AND AGGREGATE AND AUTHORIZE CHAIR TO SIGN: Lee Morrison, Assistant County Attorney, discussed the mining lease with Darrell Bearson for property southeast of the existing Koenig Pit, and indicated Mr. Minutes, November 9, 1998 982155 Page 2 BC0016 Bearson is providing the water. Commissioner Hall moved to approve said lease and authorize the Chair to sign. Seconded by Commissioner Webster, the motion carried unanimously. CONSIDER AGREEMENT FOR ACCESS TO CLERK AND RECORDER DATA BASE AND AUTHORIZE CHAIR TO SIGN -CHICAGO TITLE OF COLORADO, INC.: Bruce Barker, County Attorney, stated this is a request from Chicago Title Company for access to the Clerk and Recorder's Data Base. He indicated the Clerk and Recorder has already reviewed and signed the agreement. Commissioner Hall moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Baxter, the motion carried unanimously. CONSIDER TELEPATH INSTALLATION AGREEMENT AND AUTHORIZE CHAIR TO SIGN - FRANK SOLUTIONS, INC.: Mr. Warden stated this is the agreement for the TelePath system discussed in the 1999 budget process for installation in 1998 in the Assessor and Treasurer offices. He stated Boulder and Denver Counties both use this system and it was highly recommended. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Webster, the motion carried unanimously. SECOND READING OF ORDINANCE #203, IN THE MATTER OF REGULATING ACTIVITIES ON TRAILS OWNED AND/OR OPERATED BY THE COUNTY OF WELD, STATE OF COLORADO: Commissioner Kirkmeyer moved to read by title only. Seconded by Commissioner Hall, the motion carried unanimously. Mr. Barker read the title of Ordinance #203 into the record and indicated changes were made after first reading as directed by the Board. No public testimony was given. Commissioner Hall moved to approve Ordinance #203 on second reading. The motion, which was seconded by Commissioner Kirkmeyer, carried unanimously. HEALTH: CONSIDER PROBABLE CAUSE HEARING FOR FOOD SERVICE ESTABLISHMENT, NUMBER ONE CHINA BUFFET-LIN: Mr. Pickle explained this establishment, at best, has a "spotty" sanitary reputation. He has had one Health Officer consultation and many violations have been found upon inspection; however, followup inspections usually indicated corrections of the violations. He stated the restaurant is spotlessly clean this morning, prior to this hearing. Mr. Pickle stated his concern about having to start this process all over again if the next scheduled inspection in four months indicates violations. Gary Hague, Department of Health, indicated he did inspect the restaurant on November 6, 1998, and all major violations have been cleaned up. Mr. Morrison reiterated the previous history indicates compliance with health and safety issues is directly tied to the inspection cycle. Responding to Commissioner Hall, Mr. Hague indicated there is a tendency for major violations to reoccur from one inspection to the next. Mr. Barker stated the respondent, K. W. Lin, is present; however, there is a language barrier and an interpreter was not found for today's hearing. Mr. Barker indicated the restaurant is on a schedule for three inspections per year; therefore, the Board could continue this matter and see what the next inspection reveals. After discussion Commissioner Kirkmeyer indicated if there is a perpetual lack of compliance inspections should be completed every month or so, instead of waiting four months to reinspect. Commissioner Hall questioned whether a 30-day continuance would really serve Minutes, November 9, 1998 982155 Page 3 BC0016 any purpose. Mr. Morrison stated the other option would be to authorize legal action, in which case legal staff could take it directly to court upon any reoccurrence of violations, without further action by the Board. After further discussion, Commissioner Hall moved to dismiss said Probable Cause Hearing, and to direct the Health Department to inspect the restaurant once a month for four months, then three times each year after, so long as the inspections do not find violations; and to take proper action if violations are found. Commissioner Webster seconded the motion, which carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. Ordinance#203 was approved on second reading. 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. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO �Isn F� ATTEST: L ���ii/%2_ �� S .i°72‘.0> ,YX /�a �.. .cr' v ' Constance L. Ha bert, Chair Weld County Clerk to th-r: Igfol 42 47e/( BY: Co ,� W. H. Webster, Pro-Tem /:. G Boa Deputy Clerk to the Boa \,orglE.,Baxter a Hall 'Barbara J. Kirkmeyer Minutes, November 9, 1998 982155 Page 4 BC0016 Hello