HomeMy WebLinkAbout960042.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JANUARY 10, 1996
TAPE#96-01
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,
January 10, 1996, 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 Barbara J. Kirkmeyer, Chair
Commissioner George E. Baxter, Pro-Tem
Commissioner Dale K. Hall
Commissioner Constance L. Harbert
Commissioner W. H. Webster
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 January 8, 1996, as printed. Commissioner Hall
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 Webster seconded the motion, and it carried unanimously.
PUBLIC INPUT: No public input was offered.
WARRANTS: Don Warden, Director of Finance and Administration, presented the following
warrants for approval by She Board:
General Fund $ 287,449.47
Commissioner Webster moved to approve the warrants as presented by Mr.
Warden. Commissioner Hall seconded the motion, which carried unanimously.
BIDS: PRESENT CHEST X-RAYS- HEALTH DEPARTMENT: Pat Persichino, Director
of General Services, read the name of the vendor into the record and stated said
bid will be considered for approval on January 24, 1996.
960042
BC0016
PRESENT WELD COUNTY BRIDGE#33/86A- ENGINEERING DEPARTMENT:
Mr. Persichino read the names of the vendors into the record and indicated said
bid will be considered for approval on January 24, 1996.
BUSINESS:
NEW: CONSIDER ACCEPTANCE OF DONATION OF BLOODHOUND PUP FROM
ALIE BERRELEZ FOUNDATION TO SHERIFF'S OFFICE: Richard Berrelez,
grandfather of Alie Berrelez, and Bill Barnes, President of the Roggen Lions Club,
presented Beth, the Bloodhound puppy, to Sheriff Ed Jordan. Mr. Berrelez
explained Beth was named after Beth Miller, an Idaho Springs girl who was
abducted eleven years ago and never found. Sheriff Jordan then presented Beth
to Deputy Mark Johnson, who will handle her. Commissioner Hall moved to
accept said donation, and Commissioner Baxter seconded the motion, which
carried unanimously.
CONSIDER APPOINTING DAVE BECKER, OPERATIONS MANAGER, AS
PROXY FOR THE LUPTON MEADOWS DITCH COMPANY ANNUAL MEETING
AND AUTHORIZE CHAIR TO SIGN: Commissioner Hall moved to approve said
appointment, and Commissioner Webster seconded the motion, which carried
unanimously.
CONSIDER APPOINTING DAVE BECKER, OPERATIONS MANAGER, AS
PROXY FOR THE LUPTON BOTTOM DITCH COMPANY ANNUAL MEETING
AND AUTHORIZE CHAIR TO SIGN: Commissioner Webster moved to approve
said appointment, and Commissioner Harbert seconded the motion, which
carried unanimously.
CONSIDER AMENDMENT#2 TO BYLAWS OF BOARD OF TRUSTEES NORTH
COLORADO MEDICAL CENTER: Lee Morrison, Assistant County Attorney,
addressed this and the next two items of business by explaining the Internal
Revenue Service questioned the tax exempt status of NCMC (North Colorado
Medical Center), Inc. He clarified NCMC, Inc., is an IRC 501(c)(3) organization,
which is a support organization to the Board of Trustees of NGMC, and the
changes memorialize the current practice of the Board of Trustees appointing
trustees to directorships and replacing vacancies previously held by trustees on
the Corporate Board with another trustee. Mr. Morrison stated the changes also
make it clear that the purpose for NCMC, Inc., is to carry out the statutory
purposes of a county hospital, while still allowing the lease to LHS, and the
trustees' purpose is to monitor the terms of the lease with NCMC. He explained
a provision in the bylaws would increase the number of directors to ten instead
of nine, at the request of the directors, in order to more easily meet quorum
requirements for subcommittees. Commissioner Hall moved to consent to said
amendment, and Commissioner Harbert seconded the motion, which carried
unanimously.
CONSIDER SECOND ARTICLES OF AMENDMENT TO THE ARTICLES OF
INCORPORATION FOR NCMC, INC.: Commissioner Baxter moved to consent
to said articles of amendment, and Commissioner Hall seconded the motion,
which carried unanimously.
Minutes, January 10, 1996 960042
Page 2 BC0016
CONSIDER SECOND AMENDMENT TO THE BYLAWS FOR NCMC, INC.:
Commissioner Hall moved to approve said second amendment, and
Commissioner Harbert seconded the motion, which carried unanimously.
CONSIDER CONTRACT FOR HEALTH CARE PROGRAM FOR CHILDREN
WITH SPECIAL NEEDS BETWEEN HEALTH DEPARTMENT AND COLORADO
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AND AUTHORIZE
CHAIR TO SIGN: John Pickle, Health Department Director, stated this contract
was previously referred to as the Handicapped Children's Program, for which
services are very expensive. He explained this program is very well attended and
requested the Board's approval to continue the services. Commissioner Harbert
moved to approve said contract and authorize the Chair to sign. Commissioner
Baxter seconded the motion, which carried unanimously.
CONSIDER SEVEN AGREEMENTS FOR SAMPLING AND ANALYSIS OF
POLLUTANT DISCHARGE BETWEEN HEALTH DEPARTMENT AND VARIOUS
ENTITIES AND AUTHORIZE CHAIR TO SIGN: Mr. Pickle stated these
agreements offset the costs of the laboratory and are in accordance with the fee
schedule set by ordinance. Commissioner Hall moved to approve said
agreements and authorize the Chair to sign. Commissioner Harbert seconded
the motion, which carried unanimously.
CONSIDER SEVENTEEN AGREEMENTS FOR SAMPLING AND ANALYSIS OF
DRINKING WATER BETWEEN HEALTH DEPARTMENT AND VARIOUS
ENTITIES AND AUTHORIZE CHAIR TO SIGN: Mr. Pickle explained these
agreements also help finance the laboratory and are in accordance with the fee
schedule set by ordinance. Commissioner Baxter moved to approve said
agreements and authorize the Chair to sign. Commissioner Webster seconded
the motion, which carried unanimously.
CONSIDER RENEWAL OF 3.2% BEER LICENSE FOR LILLIAN GOOCH, DBA
CROW VALLEY CAFE, AND AUTHORIZE CHAIR TO SIGN: Bruce Barker,
County Attorney, stated no.incident reports were found for this establishment,
and the requisite renewal application and fees have been submitted; therefore,
he recommended the Board authorize the Chair to sign. Commissioner Webster
moved to approve said renewal and authorize the Chair to sign. Commissioner
Hall seconded the motion, and, after Commissioner Baxter's comments, it carried
unanimously.
CONSIDER RENEWAL OF TAVERN LIQUOR LICENSE, WITH EXTENDED
HOURS, FOR LUCKY STAR CORPORATION, DBA LUCKY STAR BAR AND
GRILL, AND AUTHORIZE CHAIR TO SIGN: Mr. Barker stated no incident
reports were found for this establishment, and the requisite renewal application
and fees have been submitted; therefore, he recommended the Board authorize
the Chair to sign. He also noted there was recently a change in the corporation.
Commissioner Webster moved to approve said renewal and authorize the Chair
to sign. Commissioner Hall seconded the motion, which carried unanimously.
Minutes, January 10, 1996 960042
Page 3 BC0016
CONSIDER RENEWAL OF HOTEL AND RESTAURANT LIQUOR LICENSE,
WITH EXTENDED HOURS, FOR RAFFERTYS, INC., DBA RAFFERTYS, AND
AUTHORIZE CHAIR TO SIGN: Mr. Barker stated reports were received from the
Sheriffs Office and referred to his memo to the Board recommending a probable
cause hearing be set on Monday, January 22, 1996, at 9:00 a.m. Commissioner
Hall suggested allowing the Sheriffs Office time to respond and resolve problems
before setting a probable cause hearing. Commissioner Harbert stated she feels
the Sheriffs Office has already responded by providing reports and narratives
and, due to the number of violations, the matter should be scheduled for a
hearing at which time the Sheriffs Office may be heard. Chair Kirkmeyer agreed
with Commissioner Harbert and stated the Sheriffs Office will be requested to
attend said hearing. After further comments from the Board concerning the
number of violations, Mr. Barker explained the Tiburon System hits on all Tavern
Licenses in the County and noted only the four incidents detailed in his memo fit
the criteria. Commissioner Webster concurred with Commissioner Hall that the
Sheriffs Office and Raffertys should be heard prior to setting a probable cause
hearing. After further discussion, Commissioner Harbert moved to set a probable
cause hearing on January 22, 1996, at 9:00 a.m., and Commissioner Baxter
seconded the motion. On a roll-call vote, the motion carried three to two with
Commissioners Hall and Webster voting nay. Mr. Barker confirmed he will
contact Raffertys and the Sheriffs Office.
CONSIDER AGREEMENT FOR SERVICES FOR AIR LIFE DISPATCH WITH
WESTERN HEALTH NETWORK, INC., OPERATOR OF NORTH COLORADO
MEDICAL CENTER, AND AUTHORIZE CHAIR TO SIGN: Mr. Warden explained
this is a continuation agreement for the Weld County Regional Communications
Center to dispatch for air life and noted it is nunc pro tunc to June 1, 1995. He
stated he and Jack Statler, Communications Center Director, had extensive
discussions with NCMC regarding this agreement, which is for a 19-month
period. Mr. Warden stated NCMC will pay $53,360.36 for services, up to
$8,000.00 for updated equipment, and$5,000.00 toward training costs. He noted
the training will included medical terminology and be beneficial to dispatch
employees. Mr. Warden confirmed he and Mr. Statler recommend approval of
said agreement. Commissioner Baxter moved to approve said agreement and
authorize the Chair to sign. Commissioner Webster seconded the motion, which
carried unanimously.
PLANNING: CONSIDER RE#1833- MOODY (CONT. FROM 12/27/95): Mr. Barker explained
he met with Gloria Dunn, Planning Department; J. Moody, applicant; and Bruce
Johnson, applicant's representative, and recommended continuing this matter for
three weeks to further evaluate the ideas discussed at said meeting. Ms. Dunn
and Mr. Johnson concurred with Mr. Barker. Commissioner Hall moved to
continue RE #1833 for J. Gale Moody for three weeks to January 31, 1996, at
9:00 a.m. The motion, seconded by Commissioner Webster, carried
unanimously.
Minutes, January 10, 1996 960042
Page 4 BC0016
RECONSIDER CONDITION OF APPROVAL #4 FOR RE #1815 - CONWAY
(12/18/95): Shani Eastin, Planning Department, explained Jasper Freese of
Freese Engineering, applicants' representative, submitted a letter requesting the
deletion of Condition of Approval.#4 for RE #1815, which states the applicants
shall share a common access for Lots A and B. She further explained Mr.
Freese indicated a common access is not feasible and is requesting an additional
access be allowed. Responding to questions from the Board, Don Carroll, Public
Works, confirmed he had visited the site and several large trees and a drop-off
exists between the two lots. He recommended the requested access to Lot A be
placed directly across the road from the existing access to the east. Mr. Carroll
stated the traffic count on Weld County Road 37 was 390 in 1980 and estimated
it to be over 500 now. He clarified he originally recommended the granting of one
access to Lot A due to distance, stumps, trees, and the drop-off; however, he
confirmed a joint access could be made feasible if the drop-off was filled in and
stumps and trees removed. Mr. Carroll noted elevation would also be required
for an access to Lot A. Chair Kirkmeyer reminded the Board the applicant stated
he had no problem with a common access at the meeting which RE#1815 was
approved. She voiced concerns with the high traffic count and the number of
accidents on Road 37, which is a paved, main arterial. Mr. Carroll answered
further questions from the Board concerning the turn angle required for the
access, and the Board members stated further concerns regarding an additional
access. The applicants nor their representative were present, and no public
testimony was offered. Commissioner Harbert moved to deny said request to
reconsider Condition of Approval #4 for RE#1815 for John and Alice Conway,
and Commissioner Hall seconded the motion. Commissioner Webster voiced
concern about causing a hardship to the applicants by requiring them to remove
trees and build up the access; however, he noted the Public Works Department
indicated the access is buildable. Further discussion ensued concerning the
design of the access, and Mr. Barker suggested the Board not amend the
Condition of Approval without the applicants being present or represented. He
also confirmed an access exists to Lot B and when modified must conform with
the standards in Ordinance No. 180. After further discussion, Ms. Eastin
confirmed the applicants were notified of today's meeting, and Chair Kirkmeyer
reiterated the applicants originally consented to Condition of Approval #4.
Further discussion ensued, and Mr. Carroll explained the standards of Ordinance
No. 180. The motion then carried four to one, with Commissioner Webster voting
nay.
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, January 10, 1996 960042
Page 5 BC0016
There being no further business, this meeting was adjourned at 10:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, COLORAD
^r., ► ! , eta
Barbara-�1 Kirkmeyer, Chair
Weld County,cleti'to the Board
L_/rr -e (- x/f
n`� e,r. Baxter Pro-Te
By:.
t) p. Clerkao the Board
Dale K. Hall
Constance L. Harbert
W. H. Webster
Minutes, January 10, 1996 960042
Page 6 BC0016
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