HomeMy WebLinkAbout20133298.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
NOVEMBER 27, 2013
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
Administration Building, Greeley, Colorado, November 27, 2013, 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 William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
County Attorney, Brad Y. Yatabe
Acting Clerk to the Board, Susan Brown
Controller, Barbara Connolly
la MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board of County
Commissioners meeting of November 25, 2013, as printed. Commissioner Conway seconded the
motion, and it carried unanimously.
ND READ ORDINANCE BY TAPE: Commissioner Rademacher moved to read Code Ordinance
#2013-16 by tape. Commissioner Kirkmeyer seconded the motion, which carried unanimously.
▪ AMENDMENTS TO AGENDA: There were no amendments to the agenda.
kJ CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Freeman seconded the motion, and it carried unanimously.
Fl PUBLIC INPUT: Doug Meyer, County resident, refuted an article from the Greeley Tribune,
written by the CEO of New World Wind power, and expressed his opinion that global warming is not
caused by human activities, electrical rates are too high, and voters lack the authority to ban fracking.
Commissioner Conway mentioned a recent statewide survey regarding statewide public
supporUopposition to a fracking ban and concurred this is an issue of private property rights.
El Tom Haren, AGPROfessionals, Inc., representing Heartland Renewable Energy, LLC, spoke in
regard to his request that the Improvements Agreement for USR-1704 be expedited and added to the
December 2, 2013 agenda. Commissioner Kirkmeyer concurred, noting that Heartland, with EDF
Renewable Energy, is waiting to build a road and paperwork is holding up the project. Commissioner
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Conway stated Bruce Barker, County Attorney, has been working on this matter. Mr. Haren suggested
that, in the future, perhaps adding an attachment with a schedule and/or budget to the resolution would
better expedite this process. It was reiterated Heartland and EDF Renewable Energy have been ready
to build the road and the contractual Improvements Agreement is the only thing holding up the project,
which is ironic, because the purpose of the Improvements Agreement is to ensure the project gets
completed. 12 Tom Parko, Department of Planning Services, said the Planning Department is willing
to grant the early release of building permits, the applicants are meeting with the Department of Public
Works at 7:30 a.m. on Monday morning, and they will try to have this item on the agenda that morning.
El COMMISSIONER COORDINATOR REPORTS: Commissioner Kirkmeyer noted most of the
Board will be attending Colorado Counties, Inc. next week, mentioning the Child Welfare Allocation
Committee and the Works Committee and ensuring that Weld County's allocations are fair. She also
noted there will be an 1-25 Coalition meeting next WednesdaLat at 6:30 p.m., and said they are trying to
make improvements without tolling and taxing constituents. PI Commissioner Rademacher attended
a U.S. Forest Service meeting regarding the shooting range on the Pawnee Grasslands, and said there
will be two meetings for public input, January 20, 2014, and another in May. He noted the shooting
range is completed and thanked Lorie Bell, District Ranger. Commissioner Conway also thanked the
Friends of the NRA and the oil and gas industry for their assistance with funding, and said the County
has upgraded the access road - benefiting visitors to the Pawnee who want to target shoot. He also
said it was completed on time and under budget. El Commissioner Rademacher said he wrote an
Op -Ed for submission to the Times Call (a Longmont newspaper), and perhaps the Greeley Tribune,
refuting a letter to the editor claiming the oil and gas industry did not help Weld County enough during
the 2013 Flood and outlining facts to the contrary. 12 Commissioner Conway announced he will chair
the Front Range District of Colorado Counties, Inc. this coming year and noted that Evie Hudack
resigned her Senate seat this morning in response to the threat of a recall. He also said he was looking
forward to upcoming discussions with Governor Hickenlooper. El Chair Garcia attended the County
Attorney's Conference, where Bob Choate, Assistant County Attorney, gave a talk on the Americans
with Disabilities Act, and Bruce Barker, County Attorney, gave a presentation regarding the 51st State
Proposition.
NEW BUSINESS:
12 1) CONSIDER BRIDGE CONSTRUCTION AGREEMENT FOR BRIDGE 41/48B AND
AUTHORIZE CHAIR TO SIGN - UNION DITCH COMPANY: Stephanie Arries, Deputy County
Attorney, explained this is a companion agreement to an agreement with the Lower Latham Reservoir
Company coordinating efforts to repair the bridge. Commissioner Conway moved to approve said
agreement and authorize the Chair to sign. The motion was seconded by Commissioner Rademacher,
and it carried unanimously.
12 2) FIRST READING OF WELD COUNTY CODE ORDINANCE #2013-16, IN THE MATTER OF
REPEALING AND RE-ENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION, AND
CHAPTER 5 REVENUE AND FINANCE, OF THE WELD COUNTY CODE: Mr. Yatabe read the title for
the record. Barbara Connolly, Controller, stated this ordinance addresses upcoming fee changes and
there will be a work session on these in the first week of December. In response to Commissioner
Conway she noted these are, for the most part, minor changes. El Chair Garcia opened the floor to
public comment. E Commissioner Rademacher made the point these fees are for cost recovery
only, not to generate revenue. Commissioner Conway concurred; noting that all the fees are reviewed
and sometimes Weld County's fees are below the service cost and usually lower than other Colorado
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counties. Commissioner Conway moved to approve said code ordinance on first reading. The motion,
which was seconded by Commissioner Kirkmeyer, carried unanimously.
Eli 3) CONSIDER DIRECTING CLERK TO THE BOARD TO HAVE PUBLISHED EMERGENCY
ORDINANCE NO. 247-C SUPPLEMENTAL APPROPRIATION FOR 2013: Commissioner Kirkmeyer
moved to approve said direction. Seconded by Commissioner Rademacher, the motion carried
unanimously.
HEALTH:
1) CONSIDER SUSPENSION/REVOCATION OF COLORADO RETAIL FOOD
ESTABLISHMENT - CARNICERIA Y RESTAURANTE MUNOZ: Deb Adamson, Department of Public
Health and Environment, gave a brief account of the variety of violations, the citations, and the
meetings conducted in an effort to avoid this hearing, and said the establishment remains out of
compliance. She reported three civil penalties have been assessed in the last 12 months and her
department is recommending a suspension of the food establishment license in order for the
representatives to confer with a food safety consultant, and inspections two weeks after the
suspension, with a potential for revocation if there are repeat violations, and requested the Board certify
the civil penalties. She noted there are a Carniceria (meat market), a bakery, and a market in a very
small location, and made the suggestion they limit the number of food activities at the site, as well as
consider a change of management.
El In response to Chair Garcia, Dan Joseph, Department of Public Health and Environment,
confirmed risk factors, potential seriousness of food borne illnesses, and statutory requirements have
been communicated to the restaurant's representatives. He presented the inspection, penalty and
notification history regarding Carniceria y Restaurante Munoz via PowerPoint. He said 66 violations
were cited in the last year, from August 23, 2012 to November, 2013, they were across the board,
several were repeat violations, and 71 percent were critical violations. Mr. Joseph also mentioned the
general state of disrepair of the building and some of the equipment, which exacerbates problems, and,
similar to other hearings, after the suspension is lifted there will be two inspections in two weeks. He
also said an additional $500 civil penalty remains unpaid. I IE1 In response to Commissioner
Rademacher, Mr. Joseph said the length of the suspension is up to the Board, but it needs to be a few
days to resolve these issues. In response to Commissioner Rademacher, he said that, as all the parts
of the operation are intertwined, all would need to be closed at the same time, and revocation is also a
possibility for the discretion of the Board. Ms. Adamson confirmed all the aspects of the business are
covered under the same license.
Arturo Munoz, Liliana Lozano, and Sylvia Cano introduced themselves: Mr. Munoz said he was in
charge but was not supervising closely this past year, and said several employees had been let go, his
sister is the owner but was never at the site, he had some problems and there was no manager really.
In response to Commissioner Rademacher, Ms. Pusano agreed they would bring in an outside
consultant to solve these problems, and he stressed that they could lose their business if this
continues. Ms. Adamson confirmed they bake goods for two other locations they also own. El In
response to Commissioner Conway, Ms. Adamson said there have been no reported food -borne
illnesses, but the owner's have not yet sought or engaged a food -safety consultant. Mr. Joseph clarified
a consultant list was provided back in April, and a consultant has to be department approved.
Fl Commissioner Conway expressed concern that there seems to be no plan in place to solve these
issues. He stated this is their business and responsibility and they should be embarrassed. Mr. Munoz
replied they will get a consultant, change employees and make sure employees are trained and spend
more time at the business. In response to Chair Garcia, Mr. Munoz said they were waiting for the result
Minutes, November 27, 2013 2013-3298
Page 3 BC0016
of this hearing to get consulting and he would remain as manager of the facility, but the owners will be
spending more time on -site. Ms. Cano confirmed she has some experience managing previous
restaurants. Commissioner Kirkmeyer remarked they have been cited five times since April 23, 2012,
for inadequate knowledge of food safety. Mr. Munoz stated they have attended the Weld Star training,
and this is why the are going to hire a consultant and confirmed the consultant would be on -site every
day if necessary. ri Commissioner Kirkmeyer remarked it is unpleasant to have to shut a business
before the holidays, but she does not want to hear on the news that people got sick. Commissioner
Rademacher stated that most of the problem here seems to be management, and they need to
reevaluate their business before they lose it. Ms. Pusano replied she would be taking charge. E In
response to Commissioner Rademacher, Ms. Adamson said this is tough situation, and they would
recommend a closure of at least a week, for consulting, repairs and reorganization. Commissioner
Conway noted that Alberto's came in with a specific plan and a consultant on -board, and expressed
alarm that 19 percent of these violations are food -borne illnesses. He noted that in five years on this
Board he has not seen a more egregious case and asked about safeguards to ensure this is not going
to happen again. Ms. Adamson confirmed she is not confident that a week would be a long enough
suspension. El In response to Commissioner Kirkmeyer, Mr. Munoz reviewed what has been fixed
and what actions have been taken to -date to correct the situation, and she said she is willing to shut
them down until staff can inspect and confirm that every violation has been fixed, and none of the other
violations are repeated, because it is a certainty that someone will get sick if this continues.
Commissioner Rademacher stated they should be closed indefinitely until they can prove they are
ready to re -open for business and understand the responsibility of owning a food establishment, and if
they have to come back before the Board, he is willing to revoke the license. Chair Garcia agreed they
should have one last chance, but that this is a gift, and he would also entertain a motion for revocation
of their license. El Commissioner Rademacher said that closing them indefinitely is better than
revocation, and it's up to them how long it takes. Chair Garcia added as grounds for revocation that it
does not seem reasonable for a consultant to be there at all times and he does not feel they have the
necessary management skills from what has been seen today. Commissioner Rademacher suggested
mandating a timeline for staff inspections, such as three times a week to show progress.
Commissioner Freeman suggested time frames of one week and two weeks with clear expectations.
Commissioner Rademacher reiterated if they are closed indefinitely their business may not survive, but
it is up to them.
Commissioner Kirkmeyer made a motion for indefinite suspension until such time as the Health
Department has an opportunity to develop a plan/timeline with the business and staff feels confident
that compliance with that plan can be obtained: it needs to identify professional and knowledgeable
management of the facility, there needs to be an outside consultant utilized, there needs to be
consideration of limiting the number of food activities onsite and a consideration of change of
management, and there will be additional inspections are called for during this time frame and the
payment of the final $500 civil penalty is assessed. Commissioner Rademacher said staff can bring this
back to the Board whenever they feel it is appropriate for the suspension to be lifted, but noted that staff
should not be involved with one business for two or three weeks. Commissioners Conway and
Kirkmeyer noted that this is so important staff time is validated and the consultant will be a major part of
this with staff follow-up. Commissioner Conway expressed concern that this restaurant's employees
will be without work during the holidays, and encouraged them to get things taken care of quickly.
Mr. Yatabe noted that the maximum term of suspension is six months and Mr. Joseph confirmed the
civil penalty process is a running 12 -month period and licensure is yearly, therefore, their license for the
2014 calendar year will need to be carefully considered. Commissioner Conway suggested giving the
owners the option to use the $500 penalty towards the consultant and the repairs. In response to Chair
Garcia, Mr. Joseph reviewed some of the facts of the matter.
Minutes, November 27, 2013 2013-3298
Page 4 BC0016
ID Commissioner Kirkmeyer moved to amend the motion from "suspend indefinitely" to "suspend up
to six months." Commissioner Rademacher seconded this. Commissioner Kirkmeyer also proposed
an additional amendment that the $500 civil penalty be waived and Commissioner Rademacher
seconded this. Commissioner Conway addressed the owners, asking them to take advantage of this
opportunity for change and success. Chair Garcia stated he struggled with this decision today,
because this restaurant has been endangering public health since April 18, 2012. He noted that the
answer is always no when you ask if people have been ill, but that is because food -borne illness is hard
to track, and people usually don't think to call the Health Department when they are sick up to 10 hours
after eating somewhere. He stated the Board is being extremely generous in giving them one last
chance, and he does not support this motion because he is not convinced this situation will improve,
and Commissioner Rademacher concurred. Upon a roll call vote, the motion passed 3/2, with
Commissioners Garcia and Rademacher opposed.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance #2013-16 was approved on First 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 11:03 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD9Ot)INTY, COLORADO
Weld County Clerk to the Boa
BY.
Deputy Clerk to the Board
Willia
F. Garcia, Chair
r i�l (G. vtM
Douglas tademach r, Pro- em
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can P. Conway
✓�elivr�..-
bara Kirkmeyer
Minutes, November 27, 2013 2013-3298
Page 5 BC0016
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