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Home My WebLink About960074.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JANUARY 17, 1996 TAPE #96-02 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 17, 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 Hall moved to approve the minutes of the Board of County Commissioners meeting of January 15, 1996, as printed. Commissioner Baxter 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. 960074 BC0016 WARRANTS: Don Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $ 300,952.93 Commissioner Hall moved to approve the warrants as presented by Mr. Warden. Commissioner Baxter seconded the motion, which carried unanimously. BIDS: PRESENT BELLY DUMP TRACTOR DOUBLE HOPPER TRAILER - PUBLIC WORKS DEPARTMENT: Pat Persichino, Director of General Services, read the names of the vendors into the record and stated said bid will be considered for approval on January 31, 1996. PRESENT TANDEM DUMP TRUCKS WITH FIFTH-WHEEUWET KIT - PUBLIC WORKS DEPARTMENT: Mr. Persichino read the names of the vendors into the record and stated said bid will be considered for approval on January 31, 1996. PRESENT TANDEM DUMP TRUCKS WITH SNOW PLOWS - PUBLIC WORKS DEPARTMENT: Mr. Persichino read the names of the vendors into the record and stated said bid will be considered for approval on January 31, 1996. PRESENT THREE-TON TRUCK (SINGLE AXLE DUMP TRUCK) WITH OPTIONS OF SNOW PLOW AND CINDER SPREADER - PUBLIC WORKS DEPARTMENT: Mr. Persichino read the names of the vendors into the record and stated said bid will be considered for approval on January 31, 1996. PRESENT SLIP-IN SPREADER FOR SINGLE AXLE TRUCK- PUBLIC WORKS DEPARTMENT: Mr. Persichino read the names of the vendors into the record and stated said bid will be considered for approval on January 31, 1996. PRESENT SLIP-IN SPREADER FOR TANDEM TRUCK - PUBLIC WORKS DEPARTMENT: Mr. Persichino read the names of the vendors into the record and stated said bid will be considered for approval on January 31, 1996. PRESENT SELF PROPELLED 100' STACKER WITH 36" WIDTH BELT - PUBLIC WORKS DEPARTMENT: Mr. Persichino read the names of the vendors into the record and stated said bid will be considered for approval on January 31, 1996. PRESENT 350 KW GENERATOR SET- PUBLIC WORKS DEPARTMENT: Mr. Persichino read the names of the vendors into the record and stated said bid will be considered for approval on January 31, 1996. PRESENT 20' TOW-TYPE TRAILER - PUBLIC WORKS DEPARTMENT: Mr. Persichino read the names of the vendors into the record and stated said bid will be considered for approval on January 31, 1996. Minutes, January 17, 1996 960074 Page 2 BC0016 PRESENT ALL PURPOSE TRACTOR- PUBLIC WORKS DEPARTMENT: Mr. Persichino read the names of the vendors into the record and stated said bid will be considered for approval on January 31, 1996. PRESENT HALF-TON TWO-WHEEL-DRIVE PICKUP WITH EXTENDED CAB - PUBLIC WORKS DEPARTMENT: Mr. Persichino read the names of the vendors into the record and stated said bid will be considered for approval on January 31, 1996. PRESENT HALF-TON PICKUP - PUBLIC WORKS DEPARTMENT: Mr. Persichino read the names of the vendors into the record and stated said bid will be considered for approval on January 31, 1996. PRESENT HALF-TON FOUR-WHEEL-DRIVE PICKUP - PUBLIC WORKS DEPARTMENT: Mr. Persichino read the names of the vendors into the record and stated said bid will be considered for approval on January 31, 1996. PRESENT ONE-TON TRUCK WITH UTILITY BOX - PUBLIC WORKS DEPARTMENT: Mr. Persichino read the names of the vendors into the record and stated said bid will be considered for approval on January 31. 1996. PRESENT THREE-QUARTER-TON PICKUP- PUBLIC WORKS DEPARTMENT: Mr. Persichino read the names of the vendors into the record and stated said bid will be considered for approval on January 31, 1996. PRESENT ONE-TON TRUCK CAB AND CHASSIS - PUBLIC WORKS DEPARTMENT: Mr. Persichino read the names of the vendors into the record and stated said bid will be considered for approval on January 31, 1996. PRESENT ONE-TON DUMP TRUCK - PUBLIC WORKS DEPARTMENT: Mr. Persichino read the names of the vendors into the record and stated said bid will be considered for approval on January 31, 1996. PRESENT FOUR-DOOR FOUR-WHEEL-DRIVE VEHICLE - SHERIFF'S DEPARTMENT: Mr. Persichino read the names of the vendors into the record and stated said bid will be considered for approval on January 31, 1996. PRESENT HALF-TON COMPACT PICKUP - BUILDING INSPECTION DEPARTMENT: Mr. Persichino read the names of the vendors into the record and stated said bid will be considered for approval on January 31, 1996. PRESENT MID-SIZED FOUR-WHEEL-DRIVE EXTENDED CAB PICKUP - BUILDINGS AND GROUNDS DEPARTMENT: Mr. Persichino read the names of the vendors into the record and stated said bid will be considered for approval on January 31, 1996. PRESENT COMPACT VEHICLE- BUILDING INSPECTION DEPARTMENT: Mr. Persichino read the names of the vendors into the record and stated said bid will be considered for approval on January 31, 1996. Minutes, January 17, 1996 960074 Page 3 BC0016 BUSINESS: NEW: CONSIDER 1996 WELD COUNTY LOCAL EMERGENCY PLANNING COMMISSION (LEPC) LIST OF MEMBERS: Ed Herring, Office of Emergency Management, stated this list must be presented to the Colorado Emergency Planning Commission and all members have agreed to serve. Commissioner Baxter moved to approve said list, and Commissioner Harbert seconded the motion, which carried unanimously. CONSIDER WELD COUNTY LOCAL EMERGENCY OPERATION PLAN FOR MAJOR WINTER STORMS: Mr. Herring stated this plan has been reviewed and updated including format changes, name changes, and the mileage rate change. Commissioner Webster moved to approve said plan, and Commissioner Hall seconded the motion. Bruce Barker, County Attomey, suggested said plan be incorporated into the Administrative Manual. Commissioners Webster and Hall agreed to so amend the motion, which carried unanimously. CONSIDER PROBABLE CAUSE FOR RENEWAL OF TAVERN LIQUOR LICENSE WITH EXTENDED HOURS FOR ISAURO AND HELEN CHAVEZ, DBA EL ROJO LOUNGE: Mr. Barker read the four factors of Ordinance No. 102-A into the record. He distributed to the Board copies of the procedure for probable cause hearings and briefly reviewed the incident reports from the Sheriffs Office, which are related to El Rojo and of which the Chavezes have a copy. Deputy Mark Profitt, Sheriffs Office, answered questions from Bill Starks, Deputy District Attorney, regarding the incident reports and an additional violation which occurred over New Year's weekend. Deputy Profitt confirmed and made of record four convictions of DUI and/or DWAI arrests involving patrons of El Rojo. He also confirmed charges from the Colorado State Patrol Office are pending concerning an accident in which two people were killed and the defendant, a patron from El Rojo, had no identification. Deputy Profitt stated he never received the certificates verifying training of security guards, bartenders, and owners, which was required by Condition of Approval #4 of the Tavern Liquor License. Still responding to Mr. Starks, Deputy Profitt stated four of six patrons checked on October 9, 1995, had no identification. He also confirmed a handwritten log had been kept by various deputies regarding the serving of liquor after midnight on Sundays, which is in violation of Condition of Approval #5 of the license. He specified an incident in which Deputy Esch observed a bartender selling a six-pack of beer after midnight on a Sunday. Deputy Profitt confirmed the additional lighting at the north end of the building was installed, as required by Condition of Approval#3 of the license. Helen Chavez stated she received too short of notice for her lawyer to attend and noted she has a lot of money invested in her business. She responded to various incident reports and comments made by Deputy Profitt and noted no fights have occurred at her establishment in the past year. She stated her security controls drinking in cars parked in her parking lot, but she has no control if people are drinking in their cars while driving on the roads. Responding to Deputy Profitt's comments regarding the certificates for training, Ms. Chavez stated Mr. Antuna of the training program took a long time to provide them to her. She confirmed she has all certificates now and reiterated the extra lighting has been installed. Isauro Chavez stated they never sell six- packs, only singles. In response to Commissioner Baxter, Deputy Profitt referred Minutes, January 17, 1996 960074 Page 4 BC0016 to Deputy Bill Esch`s letter regarding the sale of a six-pack of Budweiser beer at 12:15 a.m. on September 24, 1995. Ms. Chavez clarified Budweiser delivers only cases of singles, no six-packs. Responding to further questions from Commissioner Baxter regarding identification, Ms. Chavez stated her patrons are mostly locals, which she knows by face, and they will not show an officer their identification because they have bad records. Deputy Profitt stated one person who was drinking is an Anglo", and he feels the patron did not have any identification. Responding to Commissioner Harbert, Ms. Chavez stated the fight on New Year's Eve had nothing to do with the bar; it involved people from the trailer home behind the bar and her security people became involved. She confirmed she shut down the bar at 1:30 a.m., but liquor was sold only until 12:00 a.m., and none was served after midnight. Ms. Chavez noted the establishment also sells non-alcoholic beer. Mr. Barker clarified Condition of Approval#5 of the license specifies the establishment must stop selling alcohol at 11:59 p.m. on Sundays, but does not specify clearing the tables. Commissioner Harbert questioned why it took so long to get their people trained. Mr. Chavez reported the State was short of personnel, and all security was trained by March 1995; however, names were misspelled on the certificates and Mr. Antuna corrected them and retumed them to her. She stated the liquor training through Dave Sauter took longer but was completed by June. Responding to Chair Kirkmeyer, Ms. Chavez reiterated all training has been completed, and she has her security staffs certificates but cannot provide evidence from Dave Sauter today. No public testimony was offered concerning this matter. Mr. Barker stated he spoke with Charles Kline, the Chavez's attorney, who confirmed he was not able to attend today; however, Mr. Kline did not request a continuance. Mr. Starks noted the purpose of this hearing is to find probable cause that violations of the conditions and terms of the liquor license have occurred. He noted the Colorado State Patrol case involved an underage person who stated he had been at El Rojo; cold beer bottles have been observed in the establishment at 1:30 a.m. on Sundays; and four convictions of DUls and/or DWAls have been made. Therefore, Mr. Starks stated sufficient evidence has been provided to find probable cause to set a show cause hearing, including the existence of factors #1 and#3 of Ordinance No. 102-A. Ms. Chavez noted most of those arrested for DUls had containers in their vehicles. Chair Kirkmeyer stated she agrees with Mr. Starks and there is reasonable ground for belief that Factors#1 and #3 of Ordinance No. 102-A and that Conditions of Approval #1, #2, and#4, and #5 of the license have been violated. Commissioner Harbert moved to include the incident reports received from the Sheriff's Office, as well as the pending information, and to set a show cause hearing. Commissioner Webster seconded the motion. Mr. Barker reviewed the publication and ten-day posting requirements, and Commissioners Harbert and Webster agreed to amend the motion to include a hearing date of February 12, 1996, at 9:00 a.m. Commissioner Hall questioned whether the motion included the violation of Factor#2 of Ordinance No. 102-A. After further discussion and clarification of the motion, Commissioners Harbert and Webster agreed to include Factor #2 of Ordinance No. 102-A in said motion, which then carried unanimously. Minutes, January 17, 1996 960074 Page 5 BC0016 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. There being no further business, this meeting was adjourned at 9:45 a.m. BOARD OF COUNTY COMMISSIONERS WED COUNTY, COLD O Olia4 * = �Barbar . Kirkmeyer, hair l ,i rs !j ald- oN to the Board orge Baxter, Pr -Te erk t he Board - * - Dale . Hall Constance L. Harbert e W. H. Webster Minutes, January 17, 1996 960074 Page 6 BC0016 Hello