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Home My WebLink About982467.tiff • RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DECEMBER 21, 1998 TAPE #98-35 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, December 21, 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-Tern Commissioner George E. Baxter- EXCUSED 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 December 16, 1998, as printed. Commissioner Webster seconded the motion, and it carried unanimously. READ ORDINANCE BY TAPE: READ ORDINANCE #198-C BY TAPE: Commissioner Hall moved to read Ordinance #198-C by tape. Seconded by Commissioner Webster, the motion carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Hall moved to approve the Certification of Hearings conducted on December 8, 1998, as follows: 1) Violation Hearings (Clerk's Note: Resolutions approved December 14, 1998); and hearings on December 16, 1998, as follows: 1) Planned Unit Development Change of Zone#516, John and James Sutter; 2) Change of Zone#517 - Remington Place, Leslie and Jeanne Gelvin; 3) A Site Specific Development Plan and Special Review Permit#1201, Morwai Dairy, LLC, % John and Ellen Moser. Commissioner Kirkmeyer seconded the motion, which carried unanimously. ADDITIONS TO AGENDA: There were no additions to the agenda. Q� 982467 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. WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $971,354.84 Commissioner Kirkmeyer moved to approve the warrants as presented by Mr. Warden. Commissioner Hall seconded the motion, which carried unanimously. BUSINESS: NEW: CONSIDER LIQUOR LICENSE RENEWAL FOR J. MONTES, INC., DBA EL RODEO NIGHT CLUB: Bruce Barker, County Attorney, explained the liquor license for El Rodeo Night Club expired in October; however, the applicant has paid $1,000 in late application fees. He stated Ordinance#102-A and #102-B establish guidelines for the refusal to renew a liquor license. Deputy Mark Profitt, Sheriffs Office, stated three DUI's have been linked with this establishment, one of which was fatal. He further stated there have been several noise complaints, and the security company has not been meeting the standards set by the Board. In response to Commissioner Hall, Deputy Profitt described the fatal accident. Responding to Chair Harbert, he clarified this is the second fatal accident linked with this establishment since it has been open for business. In response to Commissioner Kirkmeyer, Deputy Profitt stated there is no evidence that the driver involved in the recent fatal accident became drunk at this establishment; however, the other DUI's did have sufficient evidence and convictions were made. He explained there were two or three loud noise complaints this past summer when the doors were left open, and the owners have been asked to keep the doors shut. In response to Chair Harbert, Deputy Profitt stated the narcotics mentioned in the report dated March 1, 1998, was not linked to the establishment, but were brought onto the premises for personal use. He further stated the number of reports has decreased since April 1998, and 166 bar checks have been conducted with 23 incidents reported. In response to Commissioner Kirkmeyer, Deputy Profitt stated he has a good working relationship with the applicant, they are of good character, and he has been working with the security company to ensure they have the required amount of staff working at the proper times. Deputy Profitt suggested the Board consider reducing the condition requiring two security guards in the parking lot to one, which will allow more guards inside where the larger crowds are. In response to Commissioners Webster and Hall, Deputy Profitt stated the number of guards generally increases depending on the size of the crowd, and he gave a brief description of the conviction on case number WC9801101 for the record. Daniel Carr, attorney, stated he and the applicant agree with Deputy Profitt's suggestion of reducing the minimum number of guards in the parking lot to one guard. He explained there are usually four guards present on Saturday nights, and the number of crime reports has reduced significantly since the new security company has been hired. Mr. Carr stated he and the applicant have met with several deputies to discuss ways of reducing the number of incidents that occur at El Rodeo, and have agreed to keep the doors shut during business hours. In Minutes, December 21, 1998 982467 Page 2 BC0016 response to Commissioner Webster, Mr. Carr stated the guards rotate their patrols outside during bad weather, and added the applicant is paying for the security services and want the guards present at the specified times. In response to Commissioner Hall, Mr. Carr stated Ms. Montes sent the application to the State rather than to the local enforcement authority causing it to be late. Responding to Commissioner Kirkmeyer, Mr. Carr stated the one incident when Deputy Carr did not see the guard on duty, he may have just missed him, and added if the section regarding whether a person became intoxicated at the premises is applied, all liquor establishments would be shut down. Commissioner Hall moved to set a Renewal Hearing. Mr. Barker explained Phase 1 of this process is to determine if one or more of the four factors listed in Ordinance#102-A has been violated. Phase 2 involves determination of the seriousness and mitigation of the problems. In response to Commissioner Kirkmeyer, Mr. Barker stated specific incidents need to be cited to show Probable Cause exists and allow the applicant to prepare and defend those specific incidents. Commissioner Hall moved to set the Renewal Hearing on January 13, 1999, at 9:00 a.m. He stated incidents #WC9801315, #WC9801422, #WC9801407, #WC9801099, #WC9801097, #WC9801002, #WC9800993, #WC9800402, #WC9800274, #WC9800184 show evidence of violation as described in paragraphs one and two. He further cited#WC9801101 which shows evidence of a violation as described in paragraph three. Commissioner Kirkmeyer seconded the motion, which carried unanimously. CONSIDER CONTRACT FOR WELD COUNTY LONG TERM CARE OMBUDSMAN ADVOCATE/FRIENDLY VISITOR PROGRAM AND AUTHORIZE CHAIR TO SIGN: Walt Speckman, Director of Human Services, stated funding for this contract is from the VALE Board in the amount of$8,000. Commissioner Kirkmeyer moved to approve said contract and authorize the Chair to sign. Seconded by Commissioner Hall, the motion carried unanimously. CONSIDER TWO AGREEMENTS FOR 1999 TRANSPORTATION PROGRAM AND AUTHORIZE CHAIR TO SIGN: Mr. Speckman stated these two agreements will provide funding for vans, office equipment, and operating and administrative costs. Commissioner Webster moved to approve said agreements and authorize the Chair to sign. Seconded by Commissioner Hall, the motion carried unanimously. CONSIDER AGREEMENT FOR INTAKE SCREENING OF WELD COUNTY JUVENILES IN CUSTODY AND AUTHORIZE CHAIR TO SIGN: Mr. Barker stated the term of this agreement is from January 1, 1999, through December 31, 1999. He further stated the County will reimburse Weld Adolescent Resources, Inc., in monthly installments of $5,468.33. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Hall, the motion carried unanimously. CONSIDER AGREEMENT FOR WELD COUNTY SHERIFF'S OFFICE JAIL MEDICAL UNIT SERVICE AND AUTHORIZE CHAIR TO SIGN: Commissioner Webster moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Hall, the motion carried unanimously. Minutes, December 21, 1998 982467 Page 3 BC0016 CONSIDER 1999 CERTIFICATION OF LEVIES AND REVENUES AND AUTHORIZE CHAIR TO SIGN: Commissioner Hall moved to approve said certification of levies and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER AMENDMENT #1 TO INMATE TELEPHONE SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN: Mr. Warden stated this amendment is regarding inmate use of the phone within the jail. Commissioner Kirkmeyer moved to approve said amendment and authorize the Chair to sign. Seconded by Commissioner Webster, the motion carried unanimously. CONSIDER APPOINTING PROXY FOR LUPTON MEADOWS DITCH COMPANY ANNUAL MEETING AND AUTHORIZE CHAIR TO SIGN: Commissioner Kirkmeyer moved to appoint Dave Becker, Department of Public Works Operations Manager, as the delegate to represent Weld County at the annual meeting of the Lupton Meadows Ditch Company. Seconded by Commissioner Webster, the motion carried unanimously. CONSIDER APPOINTING PROXY FOR LUPTON BOTTOMS DITCH COMPANY ANNUAL MEETING AND AUTHORIZE CHAIR TO SIGN: Commissioner Webster moved to appoint Mr. Becker as proxy for the Lupton Bottoms Ditch Company annual meeting. Commissioner Kirkmeyer seconded by motion, which carried unanimously. CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR TO SIGN - KIM ROGERS: Commissioner Hall moved to appoint Kim Rogers as Deputy District Attorney. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER APPOINTMENTS TO FAMILIES, YOUTH AND CHILDREN COMMISSION: Commissioner Webster moved to appoint Tracy Baldo as the mental health representative, and Carl Miller as the probation representative with terms to expire December 31, 2001; and to appoint Jennifer Higgins as the clinic nurse representative, with a term to expire December 31, 1999. Commissioner Hall seconded the motion, which carried unanimously. CONSIDER APPOINTMENT TO NORTHEAST COLORADO AREA TRAUMA ADVISORY COUNCIL: Commissioner Kirkmeyer moved to appoint Donovan Ehrman as a County representative on the Northeast Colorado Area Trauma Advisory Council with a term to expire July 1, 2000. Seconded by Commissioner Hall, the motion carried unanimously. CONSIDER APPOINTMENT TO PLANNING COMMISSION: Commissioner Webster moved to appoint Bryant Gimlin to an at-large position on the Planning Commission to replace Glenn Vaad. His term will expire July 31, 1999. Seconded by Commissioner Hall, the motion carried unanimously. CONSIDER RESOLUTION RE: APPROVE 1999 AMOUNT TO BE PAID FOR THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF GREELEY AND WELD COUNTY FOR ISLAND GROVE PARK MANAGEMENT SERVICES: Mr. Warden stated according to an Intergovernmental Agreement approved by the Board on October 24, 1984, the amount for Island Grove Park Minutes, December2'.1, 1998 982467 Page 4 BC0016 Management Services must be established by resolution each year. Commissioner Hall moved to approve said resolution. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER CONTRACT FOR ENERGY IMPACT ASSISTANCE GRANT FOR COURTHOUSE RENOVATION AND AUTHORIZE CHAIR TO SIGN: Mr. Warden stated this contract will provide $250,000 for the renovation of the Courthouse and Courthouse Annex. Commissioner Kirkmeyer moved to approve said contract and authorize the Chair to sign. Seconded by Commissioner Webster, the motion carried unanimously. CONSIDER CONTRACT FOR COUNTY CENSUS TECHNICAL ASSISTANCE GRANT AND AUTHORIZE CHAIR TO SIGN: Mr. Warden stated this contract will provide$10,000 for technical assistance in municipalities and unincorporated parts of Weld County in preparation of the 2000 United States Census. Commissioner Kirkmeyer moved to approve said contract and authorize the Chair to sign. Seconded by Commissioner Webster, the motion carried unanimously. EMERGENCY ORDINANCE#198-C, IN THE MATTER OF A SUPPLEMENTAL APPROPRIATION FOR THE YEAR 1998: Mr. Warden stated this is the third and final supplemental Appropriation for 1998; however, it needs to be approved on an emergency basis to be effective before the end of the year. There was no public input concerning this matter. Commissioner Kirkmeyer moved to approve Ordinance #198-C on an emergency basis. Seconded by Commissioner Webster, the motion carried unanimously. FINAL READING OF ORDINANCE #118-P, IN THE MATTER OF AMENDING THE PERSONNEL POLICY HANDBOOK: Commissioner Hall moved to read Ordinance #118-P by title only. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. Mr. Barker read said title for the record, and explained the subsection titled "Grievance Hearings"was added to clarify that the Weld County employee chosen to speak on behalf of the grieving party must be eligible under the personnel policies. There was no public input concerning this matter. Commissioner Kirkmeyer moved to approve Ordinance#118-P with the discussed changes. Seconded by Commissioner Webster, the motion carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. Emergency Ordinance #118-P was approved, and Ordinance #198-C was approved on final reading. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Acting Clerk to the Board. Minutes, December 21, 1998 982467 Page 5 BC0016 There being no further business, this meeting was adjourned at 10:35 a.m. BOARD OF COUNTY COMMISSIONERS ZED COUNTY, COLOORAADDO ATTEST: / I int A E f{PPf2'.0 3AL— ' Constapce L. Harbert, Chair Weld County Clerk to the Bo: �� S 1 W. j Webstte , -Tem ?) BY: GLd7�e,J �� ' �fi'' �` Deputy Clerk to the Board'%sirJ asEXCUSED orge E. Baxter Dale K. Hall EXCUSED DATE OF APPROVAL Barbara J. Kirkmeyer Minutes, December21, 1998 982467 Page 6 BC0016 Hello