HomeMy WebLinkAbout20133183.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
NOVEMBER 13, 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 13, 2013, at the hour of 9:00 a.m.
IR 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 - EXCUSED
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Susan Brown
Director of Finance and Administration, Monica Mika
la MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board of County
Commissioners meeting of November 6, 2013, as printed. Commissioner Conway seconded the
motion, and it carried unanimously.
IEI READ ORDINANCE BY TAPE: Commissioner Kirkmeyer moved to read Code Ordinance 2013-
12 by tape. Commissioner Conway seconded the motion, which carried unanimously.
El AMENDMENTS TO AGENDA: There were no amendments to the agenda.
CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Freeman seconded the motion, and it carried unanimously.
PRESENTATIONS:
1) RECOGNITION OF SERVICES, DEPARTMENT OF HUMAN SERVICES - MARIE LLAMAS:
Chair Garcia read the certificate into the record. Judy Griego, Director of Department of Human
Services, accepted on her behalf, saying Ms. Llamas really enjoyed being a Weld County employee
(she was hired in 1979), and her department had a tremendous party for her departure. The Board
expressed their sincere appreciation for her years of service.
PUBLIC INPUT: Doug Meyer, County resident, presented a letter from American Stewards of
Liberty, regarding the issue of 'Coordination' between government entities, entered into the record as
Exhibit "A".
Minutes, November 13, 2013 2013-3183
Page 1 BC0016
IR Ron Farmer, County resident, said he owns 960 acres of land and 50 pairs of cattle; 8 years ago
he drilled a livestock well, and in early December of last year a fracking well was drilled a quarter mile
to the east. Since that time he has trouble with this water which sometimes turns white and milky, and
steams. He said when this occurs the cows will not drink and he lost one during the summer. He gave
a history of the testing of this well, including the Colorado Oil and Gas Conservation Commission, the
oil and gas company, and VOC testing by Mark Thomas, of the Department of Public Health and
Environment. There was extensive discussion of the water's composition, his well technology, and
possible remediation. Mr. Farmer said he now keeps a constant vigil on the state of the water. He
shared photographs of the water, entered into the record as Exhibit "B". El Trevor Jiricek, Director of
Environmental Health, said the County has some expertise to test, but not to solve water quality issues.
He noted that Mr. Thomas is Weld County's expert and he is looking into this matter, but suggested a
third party may need to be involved. Chair Garcia asked what the County can do to help. Mr. Farmer
confirmed that he has consulted other experts, and related that fish died in this water, but they don't
know why. In response to Chair Garcia, Mr. Jiricek said there are specialized firms that do this, but
they are expensive. Mr. Farmer related tests done by Colorado State University found components of
air, but in unusual ratios. Commissioner Conway confirmed that in the next few months the County will
have access to more sophisticated tests, and Mr. Jiricek noted that, unfortunately, Mr. Farmer is in the
five to ten percent category where the problem is not easy to identify. In response to Commissioner
Kirkmeyer, Mr. Farmer said only one other well is close by, and she suggested that if the water gets
milky/cloudy again the County may want to check wells within a three-mile radius. Chair Garcia
concurred that if there is a recurrence this is a good idea, and at that time the property owners and the
oil and gas company should have a meeting. Commissioner Conway said the reason the Department
of Public Health and Environment pursued having this testing available was to have a safety net in case
of problems and/or a disconnect between property owners and the Colorado Oil and Gas Conservation
Commission. The Board thanked Mr. Farmer for bringing this to their attention.
El COMMISSIONER COORDINATOR REPORTS: Commissioner Conway reported on the South
Platte Basin Roundtable, where Reagan Waskom, Director of the Colorado Water Institute, reported on
the groundwater issue, indicating that groundwater levels between 2000 and 2012 have been rising
steadily; overall surface rights are being protected and more storage is needed in the basin. He also
referred to last night's Flood Report meeting, and said of the $1.8 million authorized exclusively for
assistance to irrigation and ditch companies, $1.5 million has been allocated for repairing infrastructure,
noting that the Metro Roundtable also gave $150,000 and there will be a second round of grant awards
for the remaining funds. Commissioner Conway recounted the Board's recent trip to personally thank
the Douglas County Commissioners and their employees, and to formally present a "Counties Helping
Counties" Proclamation.
NEW BUSINESS:
ID 1) ACCEPTANCE OF BRIDGE CONSTRUCTION AGREEMENT FOR BRIDGE 41/48A AND
AUTHORIZE CHAIR TO SIGN - LOWER LATHAM RESERVOIR COMPANY: This matter was
deferred to the end of this meeting.
IR 2) CONSIDER SUSPENSION OF COLORADO RETAIL FOOD ESTABLISHMENT LICENSE -
WAFFLE HOUSE #1072: Deb Adamson, Department of Public Health and Environment, gave a brief
account of the types of violations, the citations, and meetings conducted in an effort to avoid this
hearing, and addressed the assessment of a $1,000 civil penalty (noting her department is currently in
possession of the check). She said their primary problem is related to cold -holding of potentially
hazardous foods and recommended a one -day suspension in order to confer with a food safety
consultant. Dan Joseph, Department of Public Health and Environment, explained risk factors and the
Minutes, November 13, 2013 2013-3183
Page 2 BC0016
potential seriousness of food borne illnesses, and reviewed the statutory requirements, inspection and
notification history regarding Waffle House #1072 with a PowerPoint presentation. He said 21
violations were cited in the last year, and 60 percent of those were food -borne illness risk factors; the
majority of the violations fell under personnel and food temperature control. In response to Chair
Garcia, Mr. Joseph said that after enforcement letters and meetings and the purchase of new cold
storage equipment, due to continuing problems his department recommended a change of
management for this location.
e Larry Sigler, Director of Food Safety and Training for Waffle House, Inc., from Atlanta Georgia,
Dean Hack, Colorado District Manager, and Miranda McFarlane, Human Resources Manager for the
Colorado Market, introduced themselves. Mr. Sigler apologized for having to come before the Board,
and said action was taken as soon as the corporate office was made aware of the situation. He referred
to his letter of response, entered into the record as Exhibit "C". Former manager Ryan Gould is being
replaced by a new manager with three years of experience and a good record of food -safety
compliance who will start tomorrow. A retrofit for the cold -storage has been ordered and will be
installed by the end of the week for sandwich unit holding at 41 degrees and thermometers have been
in place. Ms. McFarlane said she recently certified 15 employees in their company's food safety
policies at this location. Mr. Sigler said there will be weekly inspections and he will be emailed daily
reports, all hourly and new employees will complete the Weld STAR Food Safety Training, and he is
voluntarily instituting hair nets for associates with long hair. He said any further failures will result in
discipline or termination. If there are any further issues Ms. Adamson and Mr. Joseph have been
instructed to contact him directly. He stated agreement with the Health Department recommendations
and requested that the one -day suspension occur Thursday, November 14, 2013, so all of the
employees could work together on an online training. In response to Commissioner Kirkmeyer,
Mr. Sigler confirmed Mr. Gould was the manager for approximately one year and problems began at
that time, and that their standard response is to retrofit the units, but they will immediately replace them
if that is not successful, and in the meantime the new cold -hold inserts are being utilized.
Commissioner Conway noted that he appreciates the actions taken, these are serious health concerns,
and lack of communication was part of the issue. Commissioner Freeman concurred.
Commissioner Kirkmeyer said this is a corporate operation, so her expectation is that they should
know what they are doing and an occurrence like this should not happen. She recommended that Larry
Zigler's letter should be incorporated into the resolution, with the stipulation that all these things have to
be done by next week, or the permit will be considered for revocation. Chair Garcia said he
supports this motion and thanked them for taking this matter seriously, and noted there will be limited
leniency if they have to come back. Commissioner Kirkmeyer moved to approve the resolution with the
time stipulation, and incorporating Mr. Zigler's letter. Seconded by Commissioner Conway, the motion
carried unanimously.
3) CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR
TO SIGN — BRYNNE GANT: Commissioner Conway moved to approve said appointment and
authorize the Chair to sign. The motion was seconded by Commissioner Kirkmeyer, and it carried
unanimously.
El 4) SECOND READING OF CODE ORDINANCE #2013-11, IN THE MATTER OF REPEALING
AND REENACTING, WITH AMENDMENTS, CHAPTER 6 LAW ENFORCEMENT, CHAPTER 12
LICENSES AND PERMITS, AND CHAPTER 23 ZONING, OF THE WELD COUNTY CODE:
Commissioner Kirkmeyer moved to read by title only. Seconded by Commissioner Conway, the motion
carried unanimously. Mr. Barker read the title for the record. Bob Choate, Assistant County Attorney,
noted the Planning Commission was in favor, there are no recommended changes, and he
recommended approval. There was no public testimony concerning this matter. Commissioner
Minutes, November 13, 2013 2013-3183
Page 3 BC0016
Kirkmeyer moved to approve said code ordinance upon second reading. The motion was seconded by
Commissioner Freeman, and it carried unanimously.
a 5) FIRST READING OF CODE ORDINANCE #2013-12, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE, OF THE WELD
COUNTY CODE: Mr. Jiricek said these are the changes which were discussed in a work session prior
to the flood. He noted that since that time additional changes have been made (shown in yellow) and
another work session may be helpful to look at these. The Board concurred. Chair Garcia opened the
floor to public comment and none was offered. Commissioner Kirkmeyer said she did have the
opportunity to review the changes, staff did a good job of incorporating them, and it will be up to the
County to ensure they are carried out. Commissioner Kirkmeyer moved to approve said code
ordinance on first reading. The motion was seconded by Commissioner Conway, and it carried
unanimously.
a 1) ACCEPTANCE OF BRIDGE CONSTRUCTION AGREEMENT FOR BRIDGE 41/48A AND
AUTHORIZE CHAIR TO SIGN - LOWER LATHAM RESERVOIR COMPANY: This matter was
deferred at the beginning of the meeting. Mr. Barker stated this agreement is for a contribution to Weld
County of $2,500 to cover engineering costs; it is signed by Dennis Hoshiko, and he confirmed a
change from 3 days to 10 days for this work presents no issues. Commissioner Conway moved to
approve said agreement and authorize the Chair to sign. The motion, which was seconded by
Commissioner Freeman, carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance #2013-11 was approved on second reading and Code Ordinance
#2013-12 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 10:26 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD UN Y, COLORADO
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Weld County Clerk to th
BY:
Deputy Clerk to the B
Garcia, Chair
EXCUSED
Douglas Rademacher, Pro-Tem
Sean P. Conway
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Mike Freeman
tic-612'UL 7Y/LinariA--
rbara Kirkmeyer
Minutes, November 13, 2013 2013-3183
Page 4 BC0016
AMERICAN STEWARDS(
S(
October 30, 2013
Dear Friends,
This past March, the Arizona Natural Resource Conservation Districts State Association invited
American Stewards of Liberty (ASL) to participate in a training session for local governments and
federal agencies.
The session was organized by the Bureau of Land Management (BLM) for the purpose of training their
staff and local government representatives on the two processes of "Cooperation and Coordination."
When BLM's Local Government Liaison, Cynthia Moses-Nedd, began her presentation, she noted "two
years ago, few would have anticipated that American Stewards of Liberty and the BLM would be on the
same agenda training agencies and local governments on how to use the `Coordination Process.'
She was correct. Prior to this, most of the federal agencies we sat across the table from would deny
they had to coordinate at all. In fact, most argued there was no requirement in the federal statutes
that made them resolve issues with local governments.
But today, that understanding has changed, and we have many of you to thank for this.
No longer is Coordination being viewed as a "radical" concept agencies can ignore. It is now being
actively taught to agency personnel as a way to resolve conflicts with local governments.
In fact, the BLM issued their 2012 "A Desk Guide to Cooperating Agency Relationships
and Coordination with Intergovernmental Partners" for BLM personnel. In the Guide, they
acknowledge that coordination is required by federal law. They give guidance to federal personnel as
to what the agency's responsibility is to local governments utilizing the coordination process.
As you know, Coordination is the strategy we began teaching local governments in 2007, when very
few people were aware of this mandate in federal law. It has taken years of hard work, many training
sessions and the determination of hundreds of local governments insisting that their plans and
policies be respected, to reach this point.
When we began training coordination, we were convinced that it offered local communities the best
opportunity to defend our way of life, protect property rights and retain the productive use of our land.
Even though we were told over and over that the federal government would never comply, we
never gave up. And today, we have crossed a monumental hurdle; the federal government's
acknowledgement that coordination with local governments is required.
At the end of the day, the years of training and local governments insisting that the agencies
coordinate is finally paying off, however, we know our work has just begun.
POST OFFICE BOX 1190, TAYLOR, TX 76574 I PHONE: 512-365-2699
AMERICANSTEWARDS.US ASL@AMERICANSTEWARDS.US
Now, we can advance coordination to the next level and bring control home to as many communities as
possible. We have the opportunity to define and create what the process for coordination will look like!
When Congress required coordination, they set forth the minimum parameters that agencies had to
fulfill in the federal statute, but there is no set of procedures in the regulations. This has allowed us
to establish a process that works best for the local governments.
We've done the hard work by creating and teaching local governments how to implement coordination
by learning their specific issues and molding the coordination process to their specific needs. We have
nearly 100 coordination meetings under our belt with dozens of federal and state agencies.
We literally created the coordination process through trial and sometimes error. We began in 2007
by stopping the Trans -Texas Corridor and then expanded by preventing the listing of multiple
endangered species. We've worked with the U.S. Fish and Wildlife Service, Environmental
Protection Agency, Bureau of Land Management, and dozens of state regulatory agencies across the
country. It's through these meetings that the BLM finally recognized coordination.
ASL has two handbooks we provide as part of our training. They are "Coordination, A Strategy
for Local Control" and our "Coordination Class" handbook. These two books come as close to
explaining the process as any information available.
From all of our experience, different local governments have had distinctive situations, specific issues
and various outcomes. But, the ultimate outcome of nearly every coordination situation has been a
successful outcome for the local citizens of every community we've helped.
The coordination movement has reached a critical moment in our history at ASL. More and more
communities now have the opportunity and ability to utilize coordination. Make no mistake, we
were viewed as the enemy by the federal agencies, but when they realized what we are advocating is
not only the law, but common sense, one agency staffer said: "Coordination is good governance."
He's right!
With this major milestone in our long history, we know there is still much more work to be done.
We have our foot in the door, but we need to open it wider so others in the federal government begin
to respect the needs of local governments.
We need your continued support to help us press forward ensuring federal agencies fully comply
with federal law and coordination. We are winning remarkable battles at the local level and have
broken through the first line of resistance with the federal agencies.
Please help us to continue to move forward and gain even more ground. We greatly appreciate your help.
Warm regards,
Dan Byfield
CEO
Marga er t Byfield
Executive Director
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November 13, 2013
Weld County Department of Public Health and Environment
1555 N. 17`h Avenue
Greeley, Colorado 80631
Att: Debra Adamson. MPH, CP-FS,
Consumer Protection Manager
Environmental Health Services
Re: Waffle House #1072, 3811 Highway 119, Longmont, Colorado
Between March of 2013 and October of 2013, Waffle House Unit 1072 in Longmont,
Colorado has consistently had issues regarding improper cold holding in violation of the
Colorado Code. There is no excuse for these issues to have continued and upon
notification of these violations at the corporate office in Atlanta; I began an immediate
intervention with this restaurant and the operations team which will continue indefinitely.
After visiting the restaurant this week, I have confirmed that the following issues have
been resolved:
• Effective November 13, 2013, the Unit Manager Ryan Gould has been replaced.
The new manager, Paul Trautwein, will begin his responsibilities on November
14, 2013. Paul has almost 3 years experience as a manager and has a proven
record of food safety compliance.
• A retrofit has been ordered for the sandwich unit which has been consistently out
of temperature and will be installed as soon as delivered from Atlanta. In the
interim, cold holding inserts on ice will continue to be used in the sandwich unit
as a temporary measure. Temperatures will be checked every 3 hours to assure
the temperature is within acceptable limits.
• "Thin Mass" thermometers are in place in the units to provide accurate readings
of ham, cheese and all other "thin mass" foods.
• Miranda McFarling, the Human Resource Manager for our Colorado units, has
certified 15 Hourly Associates as "Persons in Charge" for Food Safety (PICs)
using the National Restaurant Association's ServSafe Hourly Food Handler
Guide.
• Eggs at this restaurant will no longer be kept above the grill for any reason.
• A new backflow prevention device has been installed on the faucet in the back
room and the nozzle has been removed from the end of the hose.
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