HomeMy WebLinkAbout20120849.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 26, 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, March 26, 2012, 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 Sean P. Conway, Chair
Commissioner William F. Garcia, Pro-Tem
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Commissioner Douglas Rademacher- EXCUSED
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther Gesick
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of March 21, 2012, as printed. Commissioner Kirkmeyer seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Kirkmeyer moved to approve the Certification of
Hearings conducted on March 21, 2012, as follows: 1) USR11-0030 — Bayshore, LLC, Go Kerr-McGee
Oil and Gas Onshore, LP, 2) USR11-0023 — Adolph and John Trevino, and 3) USR11-0027 — M & M
Excavation Company. Commissioner Garcia seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: Commissioner Kirkmeyer moved to add the following under Health Old
Business: 1) Consider Suspension/Revocation of Colorado Retail Food Establishment License -
Culver's Restaurant (con't from 3/12/2012). Commissioner Garcia seconded the motion, which carried
unanimously.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the Consent Agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES - DEPARTMENT OF TRANSPORTATION - PATSY DREWER: Chair
Conway read the certificate recognizing Ms. Drewer for her years of Services with the Department of
Transportation. Toby Taylor, Department of Buildings and Grounds, was present to accept the
recognition on her behalf.
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NEW BUSINESS:
CONSIDER MEMORANDUM OF UNDERSTANDING BETWEEN WELD COUNTY AREA AGENCY
ON AGING AND COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AND
AUTHORIZE CHAIR TO SIGN: Judy Griego, Director of Department of Human Services, stated under
this MOU the Department will continue chronic disease self management support. She explained there
is no exchange of funds; rather, it is a sharing of resources for the term of April 1, 2012, through
March 31, 2012, as further detailed in the memorandum, dated March 21, 2012. Commissioner Garcia
moved to approve said memorandum of understanding and authorize the Chair to sign. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER AMENDMENT # 1 TO TASK ORDER CONTRACT FOR WOMEN'S WELLNESS
CONNECTION PROGRAM AND AUTHORIZE THE CHAIR TO SIGN: Dr. Wallace stated the Women's
Wellness Program provides access to cancer screening and this amendment is for additional funding
from the Susan G. Komen Foundation to supplement the existing work that is being done. Dr. Wallace
explained that he did receive notice of a slight decrease for a new amount of $43,768.00.
Commissioner Kirkmeyer moved to approve said amendment and authorize the Chair to sign. The
motion, which was seconded by Commissioner Long, carried unanimously.
CONSIDER LEASE AGREEMENT FOR LUPTON BOTTOM WEST LATERAL DITCH WATER
RIGHTS AND AUTHORIZE CHAIR TO SIGN - MILLER FAMILY FARMS, C/O JOE MILLER: Clay
Kimmi, Department of Public Works, stated the bid for this item was approved last week and he
requested approval for signature of the formal lease. Commissioner Kirkmeyer moved to approve said
lease agreement and authorize the Chair to sign. The motion was seconded by Commissioner Long,
and it carried unanimously.
CONSIDER APPLICATION FOR A TEMPORARY ASSEMBLY OF MORE THAN 350 PERSONS ON
APRIL 14 AND 15, 2012 — MARTIN AND BERTA GUTIERREZ: Brad Yatabe, Assistant County
Attorney, stated a previous application regarding this event was heard and denied by the Board on
March 7, 2012. He explained the applicant then submitted a new application for the event not to
exceed 1,000 people, as directed by the Board. Mr. Yatabe stated the application indicates they will
use entry tickets at the gates to monitor the attendance, they have hired the Sheriff's Office to provide
Deputy Patrol of the surrounding area, and the Fire District will monitor the unlicensed food vendors.
Lisa Carpenter, Sheriff's Office, confirmed the applicant has contracted for one deputy to provide
outside patrol and she has no concerns with the application. Dan Joseph, Department of Public Health
and Environment, stated it is unusual to have a local fire district inspecting the food vendors; however,
the Health Department will also be on-site to inspect and ensure all of the food distribution is in
compliance. Responding to Commissioner Kirkmeyer, Deputy Carpenter confirmed the Deputy will
respond to noise complaints from the perimeter of the site and patrol the area for the duration of the
event. Martin Gutierrez, applicant, stated he decided to contain the event to 1,000 attendees and
worked with the Sheriff's Office to hire a deputy to address the Board's concerns. Berta Gutierrez, co-
applicant, stated Aristocrat Acres often generates trash in the area, regardless of whether they host a
horse racing event. She stated they use cleaning crews to keep the property, as well as County Road
(CR) 31, from CR 18 south to CR 16, clean during and after an event. In response to Commissioner
Garcia, Jim Swain, security firm, stated he provides a crew of 10 people to work the event who are
mostly reserve/retired police officers. He stated there has been no need to call the Sheriff's Office in
the past, and they plan to have someone stationed at the entry with a counter to shut the gates when
the attendance quota is met. Mr. Swain stated there is no speaker system on the property; all
communication is done through remote transmitters carried by the officers; and they do search vehicles
for alcohol and, if found, it is confiscated and destroyed. He stated they have not had problems with
firearms, his staff has worked in law enforcement, and they know the rules and work very closely with
the Weld County Sheriff's Office. He further stated the cars park on the west side of the property, and
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Page 2 BC0016
he submitted photographs, marked Exhibit A. In response to Chair Conway, Deputy Carpenter
confirmed they have a good working relationship with the security firm. No public testimony was
offered concerning this matter. Commissioner Garcia stated his previous concern was how the
applicant intended to provide security for more than 1,800 people; however, he now feels the
attendance will be manageable and he moved to approve said application for a Temporary Assembly
on April 14 and 15, 2012. Commissioner Kirkmeyer seconded the motion. The Board members
thanked Mr. Gutierrez for working through the concerns and wished him a successful event. There
being no further discussion, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 76 BETWEEN CRS 47 AND 49: Janet Carter,
Department of Public Works, requested approval of the temporary closure to allow for replacement of a
40-inch culvert. She stated water will be used for dust control on the detour route, the average daily
traffic count, taken in 2007, was approximately 76 vehicles, and standard road signs and barricades will
be used for traffic control throughout the closure. Commissioner Kirkmeyer moved to approve said
temporary closure. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 55 BETWEEN CRS 40 AND 42: Ms. Carter requested
approval for temporary closure of County Road 55 to replace a 60-inch culvert. She stated water will
be used for dust control on the detour route, the average daily traffic count, taken in 2008, was
approximately 63 vehicles, and standard road signs and barricades will be used for traffic control
throughout the closure. Commissioner Garcia moved to approve said temporary closure. The motion,
which was seconded by Commissioner Kirkmeyer, carried unanimously.
CONSIDER DECLARING CERTAIN EQUIPMENT AS SURPLUS PROPERTY: Barbara Connolly,
Controller, stated after the annual inventory of assets, the submitted list came back as obsolete items.
She stated a majority of the items are computer equipment of no value, which will either be hauled
away by the vendors or thrown away. Commissioner Kirkmeyer moved to declare said equipment as
surplus property. Commissioner Garcia seconded the motion, which carried unanimously.
PLANNING OLD BUSINESS:
CONSIDER INITIAL HEARING CONCERNING RESCINDING USR PERMIT #1650 - UNITED
FARMERS COOPERATIVE (CON'T FROM 1/23/2012): Michelle Martin, Department of Planning
Services, stated USR-1650 was approved on June 4, 2008, and on January 23, 2012, the Board
granted the applicant an additional 60 days to complete the outstanding items, during which time a
majority of the Conditions have been met. She stated the last remaining item is to install the on-site
landscaping or enter into an Improvements Agreement. Rod Spencer represented the applicant and
stated they intend to plant the landscaping this spring to avoid an Improvements Agreement, and he
requested an additional 60 days. Commissioner Kirkmeyer moved to continue the matter to May 30,
2012. Commissioner Garcia seconded the motion, which carried unanimously.
CONSIDER FINAL HEARING CONCERNING RESCINDING USR PERMIT #1297 - BRADLEY AND
HEIDI WINDELL (SET ON 1/25/2012): Chris Gathman, Department of Planning Services, stated the
applicant did submit the mylar plat for recording, which just needs one minor correction; therefore, he
recommended the matter be referred back to staff for completion. Commissioner Garcia moved to refer
the matter back to staff. Commissioner Kirkmeyer seconded the motion, which carried unanimously.
PLANNING:
CONSIDER PROBABLE CAUSE HEARING, PCSC-0001, CONCERNING USR #1431 - MARLIN
NESS: Mr. Gathman provided a brief description of the location of the site, which was approved for
USR-1431 in January, 2004, with the condition that all of the RV's be self-contained and that there be
no connections or dumping of sewer at the site. He displayed a PowerPoint presentation containing a
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timeline, which he read for the record. Mr. Gathman stated the site was approved for 200 RV sites and
50 storage areas, and the current short term use is for 50 RVs and 15 man camp units, so the numbers
are not a problem; however, the applicant does need to address the storage of materials within the
floodplain and proper connection to public sewer. Matthew Ness, Marlin Ness's son, stated the
provisions for annexation to the City of Greeley are too expensive; therefore, they need to obtain a
septic permit. He further stated the plans for the water system are not finalized; however, they will be
the same as the system at their other facility across the road. He stated Front Range Septic is currently
pumping 3,500 gallons per day, at a cost of which is more than the revenue being generated. Mary
Evett, Department of Public Health and Environment, stated both the Weld County and State Codes
prohibit the issuance of a septic permit within 400 feet of public sewer; however, Matthew Ness
indicated they are near a transit line, not a traditional sewer line. Marlin Ness, owner, clarified although
the property is within 400 feet of public sewer, they cannot connect unless they annex, which is too
expensive. Ms. Evett read a segment from State statute for the Board's consideration. Mark Thomas,
Department of Public Health and Environment, also provided a summary of the State regulations and
how they are applied by staff, and he confirmed the property is within the City of Greeley's 208 service
area. Marlin Ness stated if the issue cannot be resolved, there will be a lot of people who will be
displaced; however, from a business standpoint, he cannot continue to pay $700 a day, when he is only
earning $500. In response to Commissioner Garcia, Ms. Evett stated the applicant is no longer
discharging to groundwater; rather, the septic system is being pumped and hauled away on a daily
basis to an appropriate disposal site. Mr. Thomas added the design of the system is sound; however,
the danger is the lack of monitoring and sampling. He further stated the applicants are trying to
complete the application for the State and the State requires a response within 14 days. Responding to
Commissioner Kirkmeyer, Mr. Gathman stated the current use would require a minor amendment to the
USR permit and the applicant also needs to address the state and local requirements for water and
sewer. Matthew Ness stated if they cannot obtain a septic permit, then there is no point in proceeding.
Commissioner Kirkmeyer clarified the current use will require review by the 208 Water Quality Board,
engineering for the plan, and a minor USR amendment, all of which have associated costs. Marlin
Ness stated he was simply trying to provide the workers a place to live and he is willing to continue to
pay for continued pumping services for a few more weeks; however, if the RV residents have to be
removed to bring the site into compliance, then that is what he will do. Following discussion,
Commissioner Garcia moved to set a Show Cause Hearing for May 2, 2012, at 10:00 a.m. The motion
was seconded by Commissioner Kirkmeyer. Commissioner Garcia urged the applicant to take
advantage of the additional time to work with staff to make a business decision on whether to proceed
or cease the current situation. There being no further discussion, the motion carried unanimously.
HEALTH OLD BUSINESS:
CONSIDER SUSPENSION/REVOCATION OF COLORADO RETAIL FOOD ESTABLISHMENT
LICENSE - CULVER'S RESTAURANT (CON'T FROM 3/12/2012): Deb Adamson, Department of
Public Health and Environment, stated staff has been working with the establishment since the hearing
on January 16, 2012, and enforcing the conditions set on March 12, 2012. She stated staff has not had
an opportunity to review the new plan for correction, which was submitted at 8:30 a.m. today, and she
reviewed a PowerPoint presentation regarding the relevant regulations and a summary of activity
to-date. Joe Gibbons, owner, introduced Ashley Clark as the new General Manager, stated the shift
managers have passed the training course, and reviewed the plan of corrections regarding cold
holding, marked Exhibit A. Ms. Clark stated she has been a General Manager for four years at a facility
in Iowa and worked closely with the Health Department there, and now she has relocated indefinitely to
oversee the Greeley facility. She indicated she has a clear understanding of cold holding requirements,
takes quality control very seriously, she is certified, and she intends to implement her extensive training
and knowledge at the Greeley facility. Mr. Gibbons added Ms. Clark is an A+ manager who will
address the primary issue of proper cold holding, and he is willing to close the facility for 48 hours to
address maintenance and training, in the event of any future incidents. Mr. Joseph recommended
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Page 4 BC0016
allowing the facility to continue to operate; however, he expressed some reservations since the plan is
very similar to the previous plan, with the exception that they have brought in a new manager, which is
a good step. He further stated it is important that the rest of the staff recognize it is important for
everyone to abide by the safety rules, confirmed there have been no reports of illness, and the
remaining staff needs to either attend the Spanish Weld Star training scheduled for April 23, 2012, or
complete the on-line training in partnership with the State. In response to Commissioner Garcia,
Mr. Joseph recommended using an outside inspector to supplement the franchise inspections.
Mr. Gibbons stated he also owns three restaurants in Iowa, Ms. Clark is the best of his staff, and he
feels the issues have already been taken care of under her recent oversight, and they will be doing
on-site training immediately, regardless of the timing for the upcoming Weld training schedule. In
response to Commissioner Kirkmeyer, Ms. Clark stated the central issue is communication, raising the
employees' awareness, and bringing them to the same level of education as the manager. She further
stated there have been no violations at her other restaurant in Iowa, and she will be in Greeley
indefinitely to ensure compliance becomes the norm at this facility. Each of the Board members
indicated they are willing to give the new manager a chance, based on her previous track record, with
the condition that all of the staff completes their training within the next five days. Commissioner
Kirkmeyer moved to continue the matter to May 2, 2012, with instruction to staff that they ensure
compliance with the newly submitted plan, and a condition that all of the employees complete the
on-line Spanish Weld Star training by 5:00 p.m., on March 30, 2012. She stated if there is evidence of
noncompliance, staff is instructed to bring the facility back before the Board at which time she will
support a suspension. Commissioner Long seconded the motion, which carried unanimously.
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 11:45 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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Minutes, March 26, 2012 2012-0849
Page 5 BC0016
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