HomeMy WebLinkAbout20123496.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 10, 2012
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, December 10, 2012, at the hour of 9:00 a.m.
le 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 Sean P. Conway, Chair
Commissioner William F. Garcia, Pro-Tem
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Assistant County Attorney, Brad Yatabe
Acting Clerk to the Board, Esther Gesick
Director of Finance and Administration, Monica Mika
IR MINUTES: Commissioner Long moved to approve the minutes of the Board of County
Commissioners meeting of December 5, 2012, as printed. Commissioner Garcia seconded the motion,
and it carried unanimously.
El CERTIFICATION OF HEARINGS: Commissioner Garcia moved to approve the Certification of
Hearings conducted on December 5, 2012, as follows: 1) USR12-0060 - Shirley Dahl and Jana
Birdwell. Commissioner Rademacher seconded the motion, which carried unanimously.
le AMENDMENTS TO AGENDA: There were no amendments to the agenda.
le PUBLIC INPUT: No public input was given.
El CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as
printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
le BIDS: CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE AND AUTHORIZE CHAIR TO
SIGN - NE1/4, S5, T9N, R59W (160.0 ACRES): Barbara Connolly, Controller, conducted an oral
auction between Will Smith, Ironhorse Resources, LLC and Gary Butler, Contex Energy Company
which ended with a high bid from Ironhorse. Commissioner Rademacher moved to approve the lease
with Ironhorse, in the amount of $1,700.00 per mineral acre, and authorize the Chair to sign. The
motion was seconded by Commissioner Garcia and passed unanimously.
\� I Minutes, December 10, 2012 2012-3496
\� Page 1 BC0016
El 2) CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN
- N1/2 NE1/4, NE1/4 NW1/4, S27, T9N, R62W (95.44 ACRES): No bids were received.
NEW BUSINESS:
El 1) CONSIDER TEMPORARY CLOSURE OF CR 61 BETWEEN CRS 48 AND 59: Janet Carter,
Department of Public Works, reviewed the closure provisions. Commissioner Rademacher moved to
approve said closure. Commissioner Garcia seconded the motion, which carried unanimously.
e 2) CONSIDER AGREEMENT FOR PROVISION OF WATER AND SEWER SERVICE IN
EXCHANGE FOR REAL PROPERTY AND IMPROVEMENTS AND AUTHORIZE CHAIR TO SIGN -
TOWN OF GROVER: Toby Taylor, Director of Buildings and Grounds, explained the terms of the
agreement. Commissioner Garcia moved to approve said agreement. Commissioner Long seconded
the motion, which carried unanimously.
IR 3) CONSIDER APPOINTMENT OF SUSAN BROWN AS DEPUTY CLERK TO THE BOARD:
Ms. Brown introduced herself. Commissioner Rademacher moved to approve this appointment.
Commissioner Garcia seconded the motion, which carried unanimously.
ID 4) FINAL READING OF CODE ORDINANCE #2012-11, IN THE MATTER OF REPEALING AND
RE-ENACTING, WITH AMENDMENTS, CHAPTER 3 HUMAN RESOURCES, OF THE WELD
COUNTY CODE: Commissioner Kirkmeyer moved to read the ordinance by title only, seconded by
Commissioner Rademacher, the motion carried unanimously. Brad Yatabe, Assistant County Attorney,
read said title for the record. Patti Russell, Director of the Department of Human Resources, stated
there have been no changes since the prior reading. No public testimony was offered concerning this
matter. Commissioner Kirkmeyer moved to approve said ordinance on final reading. Commissioner
Long seconded the motion, which carried unanimously.
PLANNING OLD BUSINESS:
El 1) CONSIDER INITIAL HEARING CONCERNING RESCINDING USR PERMIT #1741 -
ROSWELL AND KERRY CHECKETTS (CON'T FROM 9/10/2012): Chris Gathman, Department of
Planning Services, reviewed the progress on the project and recommended the matter be dismissed or
referred back to staff. Commissioner Rademacher moved to dismiss. Seconded by Commissioner
Kirkmeyer, the motion carried unanimously.
PLANNING NEW BUSINESS:
El 1) CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL
FOR USR12-0044 - LEONARD AND JANYCE HARMS: Rich Hastings, Department of Public Works,
reviewed the terms of the agreement and collateral amount. He addressed questions from the Board
concerning the negotiated terms, and stated that all parties are in agreement. Commissioner Long
moved to approve said agreement and authorize the Chair to sign. Commissioner Rademacher
seconded the motion, which carried unanimously.
2) CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL
FOR USR12-0042 - O&M HARMS, LLC: Mr. Hastings reviewed the terms of the agreement and
collateral amount. Commissioner Garcia moved to approve said agreement and authorize the Chair to
sign. Commissioner Rademacher seconded the motion, which carried unanimously.
Minutes, December 10, 2012 2012-3496
Page 2 BC0016
In 3) CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR USR-1723 - CEDAR
CREEK II, LLC, C/O BP WIND ENERGY NORTH AMERICA, INC.: Mr. Hastings stated the warranty
work was satisfactory and staff is recommending approval of final release. Commissioner Long moved
to approve cancellation and release of collateral. Commissioner Kirkmeyer seconded the motion,
which carried unanimously.
In 4) CONSIDER VACATION OF CONDITIONAL USE PERMIT, CUP-17 - JAMES AND
ELIZABETH MILLER: Kim Ogle, Department of Planning Services, reviewed the vacation request
since the use is no longer on the property. Commissioner Rademacher moved to vacate CUP-17.
Commissioner Kirkmeyer seconded the motion, which carried unanimously.
F 5) CONSIDER REQUEST CONCERNING REVIEW OF DEVELOPMENT STANDARD #25 FOR
USR11-0015 - A.C. TRUCKING, LLC, C/O ELISEO ALCANTAR: Mr. Ogle requested a continuance
since the applicant was not present despite formal notice. Commissioner Rademacher moved to
continue the matter to December 12, 2012. Commissioner Garcia seconded the motion, and it carried
unanimously.
F 6) CONSIDER SUBDIVISION EXEMPTION, SUBX12-0016 - BRUCE SANDAU, ROBERT
SANDAU, AND BARTELS FAMILY, LLC: Diana Aungst, Department of Planning Services, reviewed
staff's recommendation of denial, since the site does not meet the minimum lot size requirement. Linn
Leeburg, Leeburg and Associates, represented the applicant and explained the purpose of the project
and the need for a waiver of the Code requirements. He indicated agreement with the CA as proposed.
Commissioner Kirkmeyer and staff agreed to the deletion of Condition of Approval #F.4 (as redundant).
Commissioner Kirkmeyer moved to approve SUBX12-0016, since the site is not for residential, but
rather for oil and gas support and does not need to meet the 2.5-acre minimum lot size for septic. Her
motion included the Conditions of Approval as proposed, with the deletion of #F.4. Commissioner
Rademacher seconded the motion, which carried unanimously.
HEALTH NEW BUSINESS:
1) CONSIDER SUSPENSION/REVOCATION OF COLORADO RETAIL FOOD
ESTABLISHMENT LICENSE - DOUBLE TREE RESTAURANT AND LOUNGE: Deb Adamson,
Department of Public Health and Environment, introduced Marcella Swain, for translation services. She
then summarized the various violation citations and civil penalties assessed, as well as meetings
conducted in an effort to avoid this hearing. In Dan Joseph, Department of Public Health and
Environment, reviewed a PowerPoint presentation explaining risk factors and possible serious effects of
food borne illnesses, reviewed the statutory requirements, and inspection and notification history
regarding the Double Tree. He addressed questions from the board concerning why on-going cold
holding violations occurred, citing equipment failure and personnel errors. He further reviewed the
presentation regarding the enforcement meeting discussion, and staff's recommendation to suspend or
revoke the license and require payment of an assessed $1,000 civil penalty. He addressed further
questions from the Board concerning the cold holding equipment and cost.
In Jesus Fuentes, owner, explained the progress being made, better employee training, and
provided evidence of equipment repairs. Connie Pig, Floor Manager, stated the restaurant is now
keeping a temperature log done hourly and at shift change, reviewed receipts for equipment
service/repairs, and stated they are focusing on new employee training to ensure proper temperature
control. Ms. Pig submitted a Plan of Action for staff review, and Mr. Joseph responded to questions
from the Board indicating no reports of illness. Ms. Pig again indicated some of the problems stem
from a lot of employee turnover, personal issues such as the hospitalization of the primary owner due to
a serious accident and distraction due to the birth of a child, and lots of miscommunication. It was
indicated that the cold holding unit has been replaced (but not re-inspected), new insulating containers
Minutes, December 10, 2012 2012-3496
Page 3 BC0016
were purchased and that the owners are requiring evidence of training class before new employees
begin working.
Lorena Fuentes, owner's daughter, spoke in agreement with Ms. Pig and Mr. Fuentes. In
response to Commissioner Garcia, Mr. Joseph stated his department will need to meet with the
representatives and refine the plan, and that, along with a consultant, these steps should bring the
restaurant into compliance. Mr. Fuentes stated a desire to bring on a consultant as soon as possible.
Ms. Adamson stated a consultant will help them address the realistic points of the plan. Generally,
there is the availability to have a consultant on-site within 24-48 hours, at a cost of $100 hour, and the
owner indicated he is willing and able to pay a consultant. Responding to further questions from the
Board, Mr. Joseph stated the Double Tree had violations in the past under old ownership, but not to this
extent, and that he should be able to address most of the points of the plan today, confirm staff training,
and he discussed actions taken in similar situations.
El Commissioner Garcia commented on his dismay that the most recent inspection was the
worst yet, but was encouraged by the plan to be worked out by staff and with the assistance of a
consultant, and he conveyed the Board's wish that the Double Tree be a success. Garcia supported a
suspension until a consultant could be on-site, followed by regular inspections to maintain public health
and safety. Commissioner Rademacher commented he would be more lenient except for the most
recent inspection and agreed with Commissioner Garcia's comments. Commissioner Long agreed.
Commissioner Kirkmeyer agreed and stated suspension is consistent with other decisions until a
consultant is on-site. Ms. Swain translated the difference between and a suspension and a revocation.
Commissioner Garcia clarified the need to have a consultant on-site before the suspension is lifted.
Chair Conway agreed with the prior comments and reiterated that this decision is deemed necessary in
the interest of public health and suggested that the $1,000 penalty be deferred and paid toward cost of
the consultant. Commissioner Kirkmeyer agreed with waiving the fine. In response to Mr. Yatabe, Mr.
Joseph stated the statute requires an assessment of three civil penalties and noted it does allow the
fine to be deferred toward the cost of improvements. Chair Conway stated he was encouraged by the
submittal of a plan, monitoring of food temperatures, and he is sympathetic to the personal setbacks of
the owners. la Mr. and Ms. Fuentes explained that a representative from US Foods had helped
them formulate their plan based on his past experience. It was clarified that the owners still need to
contract with one of the department approved and/or certified consultants.
El Commissioner Garcia moved the license be suspended until a consultant is brought on-site to
assist and the Department of Public Health and Environment staff has an opportunity to review and
refine changes with the owner, and that the $1,000 fine be deferred and allowed to go toward the cost
of a consultant. Commissioner Rademacher seconded the motion. At the suggestion of Mr. Joseph,
Commissioner Garcia amended his motion to allow a follow-up inspection within the next two weeks,
with a follow-up before the Board if further violations are cited; Commissioner Rademacher agreed. In
response to Commissioner Rademacher, Mr. Joseph stated a willingness to accept a consultant not on
the pre-approved list, if that person meets similar qualifications. The motion carried unanimously.
Minutes, December 10, 2012 2012-3496
Page 4 BC0016
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. No Ordinances were approved.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
There being no further business, this meeting was adjourned at [Time Adjourned] a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST �► �� —� c
Sean P. C ay, Chair
Weld County CI rk to thF:o *us St
Wil am F. Garcia, Pro-Tem
BY:
Deputy Cler t'. the B. J U yi LY�G u L K.J( cz ,ti
- - i - ,$arbara Kirkmeyer J
R
David E. ong
Ma IZ-Ar
Douglas R'demachh�
Minutes, December 10, 2012 2012-3496
Page 5 BC0016
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