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HomeMy WebLinkAbout981025.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JUNE 15, 1998 TAPE #98-15 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, June 15, 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, Esther E. Gesick Director of Finance and Administration, Donald D. Warden MINUTES: Commissioner Hall moved to approve the minutes of the Board of County Commissioners meeting of June 8, 1998, as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. ADDITIONS TO AGENDA: There were no additions to the agenda. CONSENT AGENDA: Commissioner Baxter moved to approve the consent agenda as printed. Commissioner Webster seconded the motion, and it carried unanimously. PROCLAMATIONS: RECYCLING MONTH, JUNE 1998: Chair Harbert read the proclamation declaring the month of June as Recycling Month. Robin Newbrey, Health Department representative, invited the Board to a recycling show to be held at Aims Community College on Wednesday. COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports. PUBLIC INPUT: There was no public input. 981Co`I( BC0016 WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $1,251,044.87 Commissioner Baxter moved to approve the warrants as presented by Mr. Warden. Commissioner Kirkmeyer seconded the motion, which carried unanimously. BUSINESS: OLD: CONSIDER REQUEST TO MODIFY CONDITIONS ON LICENSE FROM J. MONTES, INC., DBA EL RODEO NIGHTCLUB (CON'T FROM 05/27/98): Bruce Barker, County Attorney, stated this item was continued on May 27, 1998, to allow time for a meeting between himself, Deputy Mark Profitt, and Daniel Carr, attorney for J. Montes, Inc. Mr. Barker stated he sent a letter to Mr. Carr requesting he submit his suggestions regarding patrons presenting identification when entering the bar; however, he has not yet received it. He further stated Deputy Profitt and Mr. Carr met and discussed wording for the condition. Mr. Carr stated he listened to the record from the May 27, 1998, hearing and is familiar with the comments and concerns of the Board. Mr. Carr stated he met with Deputy Profitt; however, he could not reach Mr. Barker with their joint recommendation. He suggested posting a sign stating, "No one under age twenty-one shall be allowed on the premises and persons who appear to be thirty years of age or younger, must present valid identification." Mr. Carr explained the El Rodeo Nightclub has been loosing business from its older customers and stated the restriction was justified for the previous ownership; however, it is no longer necessary. Chair Harbert commented that she saw two bars with signs posted requiring customers be eighteen to enter and all must have identification. In response to Commissioner Kirkmeyer, Mr. Carr stated the guard does require identification to be presented, and his clients are willing to post a sign as requested. Mr. Barker recommended the condition read as follows, "Only those patrons who are twenty-one years of age or older, shall be allowed inside the premises during regular business hours with the exception of employees. All persons who appear to be thirty years of age or younger shall be required to carry on their persons, adequate, currently valid identification of age, those documents set forth in Colorado Liquor Code Regulation 47-128.3, while inside the premises." In response to Mr. Barker, Mr. Carr stated the entire condition might not be as effective, and suggested a shorter version be posted on the sign. Following discussion, Mr. Barker stated he and Mr. Carr will work on the final wording for the sign and requested the Board consider his suggested wording for the Condition as it will appear on the liquor license. Deputy Profitt stated the State Liquor Code requires all liquor establishments to post a sign with standard requirements listed. He agreed with posting a sign which reads, "All persons who appear thirty years of age or younger are required to present valid identification." In response to Commissioner Baxter, Deputy Profitt stated these requirements should not make deputies jobs harder. He clarified the initial reason for the request was to assist deputies when trying to identify patrons involved in fights or other disputes. Deputy Profitt stated the Minutes, June 15, 1998 9810„2 Page 2 BC0016 license comes up for renewal in October 1998, and he will monitor the situation until then to see if conditions improve, and give a report at their license renewal. He stated he would rather give periodic reports rather than present a year's worth of reports. Commissioner Hall commented there is a process to present issues during the year if necessary. Commissioner Kirkmeyer moved to approve the request of J. Montes, Inc., dba El Rodeo Nightclub, with the new language as stated by Mr. Barker, and require the establishment to post a sign in English and Spanish with wording as agreed to by Mr. Barker and Mr. Carr. Commissioner Hall seconded the motion, which carried unanimously. NEW: CONSIDER ENTRY UPON VARIOUS LANDS BY VEGETATION MANAGEMENT SPECIALIST: Commissioner Baxter moved to approve said entry and authorize the Chair to sign. Seconded by Commissioner Webster, the motion carried unanimously. CONSIDER CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS AND AUTHORIZE CHAIR TO SIGN - LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY: Mr. Barker stated this agreement is part of the on-going OCM litigation which involves a variety of settlements. He stated this settlement agreement is for the cost incurred by the defendant and recommended approval. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Webster, the motion carried unanimously. CONSIDER ADDENDUM #1 TO THE SERVICE AGREEMENT FOR WORKERS' COMPENSATION PROGRAM AND AUTHORIZE CHAIR TO SIGN: Mr. Warden stated the County signed an agreement with OHMS two years ago. The addendum to the agreement will address medical management fees and reduce claims administration and claim expenditures for Weld County. Commissioner Kirkmeyer moved to approve said addendum and authorize the Chair to sign. Seconded by Commissioner Hall, the motion carried unanimously. CONSIDER RESOLUTION RE: DECLARE CERTAIN LAND AS SURPLUS PROPERTY, AND ACCEPT OFFER TO PURCHASE -WRIGHT: Mr. Warden stated the 1988 Tax Deed Certificate for property described as 2622 Lot 12, Block 16, Second Addition, Buckingham, has been advertised for sale three times with no response. He explained this is a narrow lot and Mr. Wright, adjacent property owner to the south, is offering $225. Mr. Warden stated the County has no need for this property and recommended declaring it surplus and accepting the offer to purchase for $225 which will cover the cost of the Deed and taxes due. Commissioner Webster moved to declare said land as surplus property and accept the offer to purchase. Seconded by Commissioner George Baxter, the motion carried unanimously. Minutes, June 15, 1998 98100,1S Page 3 BC0016 PLANNING: CONSIDER VACATION OF SUP #458 - GEORGE D. KILKER TRUST: Ben Patten, Department of Planning Services representative, stated the Department received a letter dated June 3, 1998, from Fred W. Steele, attorney representative for the George D. Kilker Trust. Mr. Steele is requesting the vacation of SUP#458 to proceed with a recorded exemption application on the site. Mr. Patten stated the Special Use Permit was approved on August 12, 1981, to allow a borrow pit from which fill dirt would be used for the construction of Interstate 76; however, the pit is no longer active or necessary. Commissioner Hall moved to approve said vacation. Seconded by Commissioner Baxter seconded the motion, which carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. No Ordinances were approved. 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. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Constance L. Harb7rt, Chair Weld County Clerk to B yA/ _ e 18G1 O 622),V1-7 W. H. ebster, ro-Tem BY: . .[. . ' Deputy Clerk to the i �• %� ���I eorge nxter Dal . Hall Barbara J. Kirkmeyer Minutes, June 15, 1998 9810a‘ Page 4 BC0016 Hello