HomeMy WebLinkAbout20110943.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 13, 2011
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, April 13, 2011, 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 Kirkmeyer, Chair
Commissioner Sean P. Conway, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of April 11, 2011, as printed. Commissioner Conway seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed.
Commissioner Conway seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, CHILD PROTECTION CITIZEN REVIEW PANEL - STACEY
CAMPBELL: Chair Kirkmeyer read the certificate into the record, recognizing Stacey Campbell for her
service on the Child Protection Citizen Review Panel.
RECOGNITION OF SERVICES, FAMILIES, YOUTH, AND CHILDREN COMMISSION - KYNDA
WOLFRUM: Chair Kirkmeyer read the certificate into the record, recognizing Kynda Wolfrum for her
service on the Families, Youth, and Children Commission.
RECOGNITION OF SERVICES, COUNTY ATTORNEY'S OFFICE - CYNDY GIAUQUE: Chair
Kirkmeyer read the certificate into the record, recognizing Cyndy Giauque for 24 years of service with
the County Attorney's Office. Commissioner Conway expressed his deep appreciation to Ms. Giauque
for being a valuable attorney and her service to Weld County, and he stated she was a great help to the
County Attorney, Bruce Barker, and the rest of the County's staff. Commissioner Rademacher
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concurred with Commissioner Conway's comments. Commissioner Garcia stated he has worked with
Ms. Giauque as a private attorney, as well as a County Commissioner, and Ms. Giauque exhibited
wonderful professionalism and represented Weld County well. Commissioner Long and Chair
Kirkmeyer concurred with Commissioner Garcia's comments.
COMMISSIONER COORDINATOR REPORTS: Commissioner Conway stated he has been working
diligently with North Front Range Metropolitan Planning Organization (MPO), to have process changes
implemented; however, those changes were not approved, due to a 7-7 vote. He indicated he will
continue to work with the other members of the North Front Range MPO to pursue having the desired
changes implemented, and there will be a meeting on Monday with the By-Laws Committee, to address
several issues, such as the current MPO budget structure and weighted voting. He thanked Mayor
Vasquez from the Town of Windsor for going above and beyond the call of duty, in trying to bring about
fundamental changes to the North Front Range MPO.
Commissioner Conway stated he represented the Board at the Children's Festival on Saturday and
there was a record number of people in attendance at the event this year; the event continues to
become larger and better each year. He stated many people at the event expressed their thanks for
the Board's support of the event, particularly for Commissioner Long's support.
Commissioner Conway stated he met with the State Lands Board last week and earlier this week, and
he learned Weld County is producing approximately one-half of the 75 million dollars which will be used
to offset some of the educational financing, through oil and gas development and the leasing the State
Lands Board is engaging in. He stated Weld County is doing its part in trying to help the School Boards
meet challenging needs.
OLD BUSINESS:
CONSIDER QUIT CLAIM DEED FOR CONVEYANCE OF PROPERTY FROM WELD COUNTY,
COLORADO, TO THE TOWN OF WINDSOR AND AUTHORIZE CHAIR TO SIGN (CON'T FROM
3/23/11): Mr. Barker stated this right-of-way is located between two (2) lots owned by the Town of
Windsor and it is located within the Coons subdivision, which is enclaved by Windsor and adjacent to
the Town's cemetery. He stated the Town of Windsor wants to annex the property and incorporate it in
the Master Plan for the cemetery; therefore, it has requested that the Board complete a Quit Claim
Deed to convey the property to the Town and allow it to begin the annexation process. In response to
Commissioner Rademacher, Mr. Barker clarified the County right-of-way is not a Section Line; it is a
part of the platted Coons subdivision, which was platted quite some time ago. Commissioner
Rademacher moved to approve said Quit Claim Deed for the conveyance of property from Weld
County, Colorado, to the Town of Windsor and authorize the Chair to sign. Commissioner Conway
seconded the motion, and he stated he is satisfied that conveying this right-of-way will not impact Weld
County in any way, based on the information provided at a meeting with the Town of Windsor earlier
this week. There being no further discussion, the motion carried unanimously.
NEW BUSINESS:
CONSIDER AGREEMENT FOR UPPER FRONT RANGE TRANSPORTATION PLANNING REGION
COMPRESSED NATURAL GAS EQUIPMENT (FUELING STATION #1) AND AUTHORIZE CHAIR TO
SIGN: Elizabeth Relford, Department of Public Works, indicated this is the second agreement out of
three (3) agreements for compressed natural gas fueling stations. She thanked the Clerk to the
Board's Office for placing this item of business on the agenda with short notice. She stated on Monday
the Board approved an agreement for the North Front Range fueling station; the agreement being
presented today is the first agreement for one of the Upper Front Range fueling stations; and the final
agreement will be regarding a second Upper Front Range fueling station. Ms. Relford stated the only
unique aspect about this particular agreement is that Supplemental Environmental Project (SEP) funds
will be used for part of the local match, which are funds provided through the Department of Public
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Health and Environment. Commissioner Conway moved to approve said agreement and authorize the
Chair to sign. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER ASSIGNMENT OF AGREEMENT FOR PHYSICIAN ADVISOR SERVICES AND
AUTHORIZE CHAIR TO SIGN - NORTH COLORADO EMERGENCY PHYSICIANS, P.C. / BENJI EMS
AND MEDICAL, P.C.: Dave Bressler, Director, Weld County Paramedic Service, stated this is the
Medical Director's contract with North Colorado Emergency Physicians, P.C., and the documents have
been prepared to assign the agreement to Benji EMS and Medical, P.C., in response to pending
upcoming changes which are anticipated to occur at the emergency room on May 20, 2011, where the
team health group will be changing. He stated it is his understanding that Dr. Benji Kitigawa, M.D., will
be a part of the new team health group; however, the County has previously contracted with a specific
physician, as opposed to the hospital, for its medical direction. Commissioner Rademacher thanked
Mr. Bressler and Mr. Barker for working on this matter, since the paramedics think highly of
Dr. Kitigawa, and the County did not want to lose him. Mr. Bressler stated Mr. Barker also assisted with
drafting an agreement, which Chair Kirkmeyer is in possession of, for Dr. Kitigawa to be the Medical
Director for the Communications Center for the 911 Emergency Telephone Service Authority Board,
and Mr. Barker helped draft similar agreements for the Weld County Fire Chiefs and Aims Community
College, for its Emergency Medical Services (EMS) Program. In response to Commissioner
Rademacher, Mr. Bressler confirmed Dr. Kitigawa is the Physician Advisor throughout the County, with
the exceptions of the Mountain View and Frederick Fire Districts. He indicated the Fire Chiefs voted to
continue with Dr. Kitigawa as the Medical Director. Commissioner Garcia moved to approve said
assignment of agreement and authorize the Chair to sign. Seconded by Commissioner Rademacher,
the motion carried unanimously.
CONSIDER CONTRACT FOR PROFESSIONAL SERVICES FOR CADASTRAL GIS WORKFLOW
AND MAINTENANCE SOLUTION AND AUTHORIZE CHAIR TO SIGN - THE SIDWELL COMPANY:
Dan Huerter, Geographic Information Systems (GIS), stated this contract will move the County in a new
direction regarding how it maintains parcels, since it has been maintaining parcels the same as when it
began maintaining parcels in the year 1998, and it is time to update the data base design and work
flow. He stated he met with the Assessor's Office and they have determined efficiency will be gained
with the new process. He stated the current tools will no longer be supported when the next version of
the ESRI software is released. Mr. Huerter stated the contract will provide work flow, database design,
and parcel maintenance tools, as well as training. In response to Commissioner Rademacher,
Mr. Huerter stated the contract will cost more than what was budgeted for; it will cost $26,736.00;
however, there is funding available in the GIS budget for professional services which will be utilized to
make up the additional cost of $47.36. Commissioner Rademacher moved to approve said contract
and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER CHANGE ORDER PROPOSAL FOR ADMINISTRATION BUILDING CABLING
(#B1100035) AND AUTHORIZE CHAIR TO SIGN - H AND H DATA SERVICES, INC.: Susan Quick,
Director of Phone Services, stated this change order is necessary for the training room which was
approved for the Administration Building, as well as due to the County Council moving into the
Administration Building, and this contract is being utilized for the rest of the cabling.
Monica Mika, Director of Finance and Administration, indicated the process of presenting change
orders to the Board is the old process for bidding and procurement, and it is her recommendation that
all change orders be presented to the Board for approval, as was completed with this item of business,
since she believes it is more consistent with the Weld County Code. She indicated Bid #61100035 was
approved earlier this year. In response to Commissioner Conway, Ms. Mika confirmed the additional
cable is being requested because the County staff did not previously know exactly what was needed
earlier in the process, when it was still in the design process for the training room and some of the other
areas in the building; therefore, it is not a situation where a plan was in place and subsequently
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changed. Commissioner Conway moved to approve said change order proposal and authorize the
Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER AGREEMENT FOR TAX INCENTIVE PAYMENTS AND AUTHORIZE CHAIR TO SIGN -
SPECIALTY PRODUCTS COMPANY: Mr. Barker stated this agreement is for a property tax incentive
which the Board has been discussing with Specialty Products Company, and he has changed Item 10,
as was requested regarding the 50 percent minimum workforce requirement. He stated there are no
other changes to the agreement and Specialty Products Company has signed and returned the
agreement. Commissioner Conway stated he is not a fan of tax incentive plans; however, this is a
long-standing company, with a number of Weld County employees, and this is an opportunity to retain
jobs and create new ones. He stated he is in favor of the agreement in this case, since the incentives
are intended for job retention and growth; however, he still has misgivings about these types of
incentives. Commissioner Rademacher concurred with Commissioner Conway's comments. He stated
he proposed this agreement because it is a hometown company, with Weld County employees, and it
met all the qualifications; therefore, he was happy to help the company with this matter, and he moved
to approve said agreement and authorize the Chair to sign. Commissioner Garcia seconded the
motion. Chair Kirkmeyer concurred with the comments made by Commissioners Conway and
Rademacher, and she stated Item 10 in the agreement is a good compromise. She thanked
Commissioner Rademacher for bringing this matter to the Board's attention, since it may have been
overlooked if he had not. There being no further discussion, the motion carried unanimously.
HEALTH NEW BUSINESS:
CONSIDER REVOCATION OF RETAIL FOOD ESTABLISHMENT LICENSE - NICK ST. GEORGE:
Dan Joseph, Department of Public Health and Environment, stated Nick St. George, operator, is
present; however, he has indicated he has pink eye and he has requested the matter be continued for
one (1) week.
Mr. St. George indicated he was awake all night with his child, who has pink eye, and now he has it as
well, and he unsuccessfully tried to reach the Commissioners via telephone this morning to determine
whether he should attend today's hearing; however, he is prepared to move forward if the Board is
comfortable proceeding. He stated there is no reason to continue the matter, since everyone is
present; however, he does not want to make anyone ill. In response to Commissioner Rademacher,
Mr. Joseph stated Mr. St. George has continued to sell food, while knowing he needs a Retail Food
Establishment License, and he has continued to sell even after being assessed civil penalties and
receiving phone calls from the Department. Further responding to Commissioner Rademacher,
Mr. Joseph indicated this is a safety issue and it poses a public risk because the facility Mr. St. George
is using to prepare food has not been inspected and he is serving food to the public, including many
County employees. Mr. St. George stated he feels the fine situation has gotten out of control, and
nothing in Mr. Joseph's letter reflects the fact he was very honest with him about needing more time to
obtain the Retail Food Establishment License because he did not have the money to pay for it. He
stated he placed himself in a bad situation by getting involved with Rafferty's last year; however, it was
too good of a deal to pass up at the time the offer was made. He stated the Moose Lodge stated he
has not been preparing food at its facility since August, 2010; however, what needs to be considered at
this point is what has happened since January, 2011. Mr. St. George stated he began working at the
Moose Lodge as their employee, with the condition he could continue providing food on his lunch
routes under their license. He stated he went home on a Tuesday night in August, 2010, and when he
arrived on Wednesday morning, the entire board had been ousted, as the result of some alleged Bingo
impropriety, which created a mess; however, he does not know exactly what occurred with the Bingo
situation. He stated the Department of Public Health and Environment is aware of the situation, since
all of the staff changed. Mr. St. George stated he and the other staff members were told they could
continue working at the establishment, as long as nobody knew they were still working there, and he
continued cooking meals for Bingo until well into October, 2010. He stated when he initially began
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working there, the Moose Lodge indicated employees should not be members; however, then he was
later told he needed to be a member to have a key. He indicated his membership did not become
effective until October 31, 2010; therefore, he was obviously involved with the facility beyond August,
2010. Mr. St. George indicated none of the employees will support him on this matter; however, he can
provide Bingo patrons who will verify he served their meals past August, 2010, and he served food at
the Department of Human Services' Christmas party on December 7, 2010. He stated he was working
for the Moose Lodge until the end of the year, and he did not consider the Mason Lodge as a facility to
prepare his food until October, 2010, and it needed to be cleaned and upgraded at that time. He stated
a commercial fridge was installed by January and the establishment was cleaned up; therefore, he
obtained a packet from Mr. Joseph to begin the licensure process. He stated the next time he saw Mr.
Joseph, he was serving food to County employees, and Mr. Joseph provided him with a letter
instructing him to cease and desist, due to not having a license. Mr. St. George stated he indicated to
Mr. Joseph at that time that he needed more time to obtain the money to apply for the license. He
stated it is not an option for him to cease and desist because he is a single father of four (4) children,
and it is ridiculous the Department of Public Health and Environment will not work with him on this
matter, since the State, City, and other County Departments are willing to work with him; however, the
Department of Public Health and Environment just fined him. He stated he does not want to be without
a license. Mr. St. George indicated Mr. Joseph divulged personal information about him in an e-mail
sent to the Mason Lodge regarding his financial difficulties. He stated he has been forced to transfer
everything to his mother's name, and she has begun the application process and she will complete the
process as quickly as possible. He stated he does not receive welfare and has to continue paying his
rent and bills; therefore, he cannot cease and desist. Mr. St. George indicated he drives a 13-year-old
vehicle, which he cannot afford to repair, and this situation has prevented him from acquiring any new
business; he has only been serving his existing customers. He stated he has provided boxed lunches
for the 911 Emergency Telephone Service Authority Board and the Extension Advisory Council for
years, and he has relationships with businesses which he cannot afford to lose.
Mr. Joseph stated Mr. St. George has been operating a catering business for which he has failed to
obtain a Retail Food Establishment License and he has failed to pay the assessed civil penalties. He
stated he has had multiple conversations with Mr. St. George and he has written cease and desist
letters; however, Mr. St. George continues to sell food without the license. He stated Mr. St. George
currently owes $1,500 in civil penalties and a minimum of $355.00 in licensing and application fees.
Mr. Joseph recommended the Board direct the County Attorney's Office to pursue legal action against
Mr. St. George to collect the fees if sales are to continue, or to close the operation. He stated there
was a similar situation in the year 2008, where a hotel failed to obtain a Retail Food Establishment
License, and the matter was directed to the County's Attorney's Office, which filed a contempt citation.
He stated staff conducted an inspection at the Moose Lodge in the fall of 2010, and the management
indicated Mr. St. George was not employed there at that time, and management confirmed he was not
working out of the facility at that time in a subsequent conversation. Mr. Joseph stated on January 7,
2011, staff issued the first cease and desist letter, for failure to obtain a Retail Food Establishment
License. He stated staff has observed Mr. St. George selling food multiple times at County facilities
and hand-delivered cease and desist letters to him during those visits. He indicated the reason he
contacted the Mason Lodge was because he was trying to locate Mr. St. George's address to ensure
he was aware of today's hearing, and the Mason Lodge did not have an address for him; however, it
provided a phone number; therefore, he was able to telephone him and obtain his address. Mr. Joseph
stated Mr. St. George has been observed selling food twice at County offices since then; therefore, staff
recommends the matter be directed to the County Attorney's Office. Mr. St. George stated Mr. Joseph
indicated the inspection was conducted in the fall of 2010; however, it was December 29, 2010.
Mr. Joseph concurred the inspection occurred on December 29, 2010. In response to Chair Kirkmeyer,
Mr. St. George clarified he is currently operating out of the Mason Lodge, and he has been since
January, 2011. Further responding to Chair Kirkmeyer, Mr. St. George clarified his mother began the
process of applying for a Retail Food Establishment License this morning. Commissioner Conway
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indicated the Department of Public Health and Environment has an issue because it was being told by
the Moose Lodge Mr. St. George was not working there after August, 2010; however, he has given
testimony he was working there after that timeframe, he can provide his membership card, and there
was a lot of board turmoil occurring at the Moose Lodge. Mr. St. George stated the Moose Lodge is
ultimately worried about their liability; therefore, they will not verify he was working there, and his deal
was made with a different board. In response to Commissioner Conway, Mr. St. George confirmed he
believed he was operating under the Moose Lodge's Retail Food Establishment License while he was
preparing meals at the facility, until approximately the end of the year. He stated the Moose Lodge did
not operate for two (2) weeks around Christmas, which is why he was not at the location when it was
inspected on December 29, 2011. In response to Commissioner Conway, Mr. St. George stated when
Mr. Joseph first indicated he needed to obtain a Retail Food Establishment License, he was operating
out of the new facility and he wanted he obtain the license; however, he could not afford it, and then he
was fined and he cannot afford to pay both the fines and the licensing fees. In response to Chair
Kirkmeyer, Mr. St. George clarified he did not have a Retail Food Establishment License at the Moose
Lodge; however, he has previously had one in Weld County, beginning in the year 2002. Further
responding to Chair Kirkmeyer, Mr. St. George clarified his Retail Food Establishment License has
expired, due to switching locations. Chair Kirkmeyer indicated she is confused because the proposed
Resolution indicates the Board is considering revocation of the license, and Mr. St. George does not
currently have a license. In response to Chair Kirkmeyer, Mr. St. George confirmed he is operating
without a license out of the Mason Lodge, and his mother has applied for a Retail Food Establishment
License, as his partner. Commissioner Rademacher inquired as to how long it will take to process the
application for a Retail Food Establishment License. Mr. Joseph stated he was not aware the
Resolution referred to a revocation, and he clarified this matter is regarding Mr. St. George not
obtaining a Retail Food Establishment License. He stated when the paperwork is complete, it will take
approximately two (2) to three (3) weeks to review it, complete the inspections, and issue the license for
the operation; however, the paperwork Mr. St. George's mother submitted this morning is incomplete.
He stated Mr. St. George's mother submitted the application, along with a copy of the menu; however,
additional information is required about the kitchen in the Mason Lodge. In response to Commissioner
Rademacher, Mr. Joseph stated Mr. St. George may not still owe the outstanding fines if the license is
obtained in his mother's name. In response to Mr. St. George, Chair Kirkmeyer stated the staff at the
Department of Public Health and Environment typically tries to work with people as much as possible;
however, it does not have the authority to waive fees, and it must follow the rules. Mr. St. George
stated he has known Mr. Joseph for a long time and although they have had differences in opinion, he
respects him. He stated he thinks Mr. Joseph does a good job and he thinks Mr. Joseph conversely
respects him and knows he was not selling problematic food; otherwise, there would have been more
action against him regarding this matter and it would have occurred sooner. He stated he has no ill
feelings toward Mr. Joseph personally; he is just frustrated with the system. Chair Kirkmeyer stated the
Board cannot revoke a license because Mr. St. George's license has expired and he does not have
one. She stated Mr. St. George's mother is applying for a license, and she inquired as to whether the
Board has the ability to apply the fees to his mother's license, since she is his partner. Mr. Barker
indicated he does not think the fees will transfer to that license. In response to Mr. Barker,
Mr. St. George stated his mother has personally applied for the license, as opposed to under a
business name, and she has already obtained a sales tax license, a City business license, zoning, and
fire department approval. He stated the remaining paperwork she has to complete is simply submitting
the serial numbers of the equipment in the kitchen, a drawing of the kitchen, and the types of linoleum,
countertops, and paint in the kitchen. In response to Mr. Barker, Mr. St. George stated he will be
considered an employee of his mother's. In response to Chair Kirkmeyer, Mr. Barker indicated this
situation is different from situations where a new owner purchases a facility and most of the staff
remains the same, since the locations remained the same in those situations. Mr. St. George stated he
gave his mother the rights to his name and he is dissolving his corporation. In response to
Commissioner Conway, Mr. St. George confirmed he has not previously obtained the license because
he could not afford to pay for it, as well as the civil penalties; however, he can now afford to pay the
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licensing fees, if the civil penalties are waived. Commissioner Conway stated there is not a health or
safety risk, since nobody has claimed to have gotten sick eating his meals; therefore, the Board can
waive the civil penalties and Mr. St. George can submit an application for a Retail Food Establishment
License, which would solve the problem without Mr. St. George having to dissolve his corporation and
without his mother having to apply for the license. He stated the situation was similar to bouncing a
check at a bank, where the fees compounded, Mr. St. George stated at this point it makes the most
sense for his mother to complete the process, since it is nearly complete; it does not make sense for
him to begin the process, which would cause a longer delay. Commissioner Garcia stated he has two
(2) potential concerns about what Commissioner Conway proposed; the first is concerns about the
safety and welfare of the public are typically discovered during inspections of the facilities, and there
has not been an inspection completed at the Mason Lodge. Mr. Joseph confirmed there has not been
an inspection completed, and an inspection may reveal staff cannot issue a license to Mr. St. George,
or his mother, at the Mason Lodge location, based on the equipment in the kitchen. He clarified the
Mason Lodge has never been inspected or licensed before, and he is unsure whether it can
immediately be licensed without any repairs, or purchasing and installing any new equipment.
Commissioner Garcia indicated that his second concern is that Mr. St. George has indicated he will not
cease and desist. Mr. Joseph stated people are not allowed to serve food without a license; a license
is even required for one (1) day events. He stated staff has thrown food away before, and staff has
sent vendors home before; and it will be an issue for the Department if Mr. St. George continues sales
during the licensing process. Chair Kirkmeyer inquired as to whether Mr. St. George is serving hot or
cold foods. Mr. Joseph stated the majority of what Mr. St. George sells is delicatessen sandwiches.
Chair Kirkmeyer inquired as to whether the fact Mr. St. George is selling mostly cold foods will make a
difference in the kitchen requirements at the facility. Mr. Joseph stated there may be a difference in the
kitchen requirements; however, if Mr. St. George were to sell a meatloaf sandwich, for example, he
would obviously require an oven to cook the meatloaf before later serving the cold sandwich. Chair
Kirkmeyer inquired as to whether it would be possible for Mr. St. George to sell certain cold foods while
the license application is being processed. Mr. Joseph stated if a person sells foods which must be
kept cold, such as milk and delicatessen sandwiches, a Retail Food Establishment License is required;
however, no license is required to sell items such as soda, water, bags of chips, and candy bars.
Commissioner Rademacher inquired as to whether staff could inspect the Mason Lodge today.
Mr. Joseph stated he can complete a real estate review at this point to determine what the kitchen
contains and what it requires to meet Mr. St. George's needs, for example, based on the menu, he may
be able to determine a certain sink needs to be installed, since tomatoes will be served. In response to
Commissioner Conway, Mr. Joseph confirmed the Mason Lodge has never been licensed. He clarified
non-profit organizations have used the kitchen for temporary events, such as the Arts Picnic; however,
the kitchen was not inspected because non-profit organizations are exempt from Retail Food
Establishment Licenses, and the food can be prepared within people's homes. Mr. St. George stated
the kitchen was not in good condition when he first began using the Mason Lodge; it had not been
properly cleaned by the elderly women who had been using it. He indicated he had a commercial
fridge and a commercial water heater installed before he began using the kitchen, and there may be
minor items which the Department of Public Health and Environment determines need to be corrected;
however, he thinks the necessities are there for the types of food he prepares. Commissioner
Rademacher indicated he has enjoyed the food Mr. St. George has prepared over the years, and he is
not typically in favor of waiving fines; however, he is willing to consider it in this case. He indicated he
wants the Department of Public Health and Environment to immediately conduct an inspection to
determine whether the kitchen has critical issues, and he is willing to continue the matter to Monday,
when staff can report their findings to the Board, since he wants to avoid shutting down
Mr. St. George's business if it is not necessary, and the Board can make its determination regarding the
fees at that time. Commissioner Garcia indicated he concurs with Commissioner Rademacher's
comments regarding holding the civil penalties in abeyance and the request for an immediate
inspection; however, he is concerned about the cease and desist order not being obeyed. He stated
that he is sorry Mr. St. George is ill and has a contagious condition; however, this may be a good time
Minutes, April 13, 2011 2011-0943
Page 7 BC0016
for him to get some rest and cease operation of the business, while this matter is sorted out. He stated
even though nobody has claimed to have gotten ill from Mr. St. George's food, there is still a process
which must be followed and if the process is disregarded, and Mr. St. George is allowed to continue to
operate without a license, this opens a door he is not comfortable with opening. Commissioner Long
stated he is willing to work this matter out; however, he is not willing to waive the fees, since it will set a
precedent. He stated Mr. St. George's mother has begun the application process and the license will
begin anew, with a new name on the license, and he prefers this process and thinks it is most favorable
to Mr. St. George. He stated he is comfortable with continuing the matter to ensure everything is
copasetic for the Department of Public Health and Environment. Chair Kirkmeyer stated she does not
understand what the Board would be continuing, since the proposed Resolution referred to considering
revocation of the license and that is not the matter before the Board, and she is not sure whether the
Board should even be considering waiving the fees, since the fees apply to an expired license and
Mr. St. George is not trying to obtain a new license. Commissioner Conway concurred. Chair
Kirkmeyer suggested a new item be added to the Agenda for Monday to see where Mr. St. George's
mother is at with the Retail Food Establishment License application process, and that everything is in
place. Commissioner Garcia stated the cease and desist issue is what should be continued, for
operation of the business without a license. Commissioner Conway stated he concurs with Chair
Kirkmeyer that he is unclear about whether the Board needs to take action on this matter, other than to
dismiss it. Mr. Barker clarified Section 25-4-1611, C.R.S., provides for penalties for any violation which
occurs, including someone not having a license; therefore, the penalties are not necessarily tied to an
existing license, and can be tied to not obtaining a license. In response to Commissioner Rademacher,
Mr. Barker stated the Board still has the discretion of whether or not it pursues collection of the
penalties. Commissioner Conway stated some of the penalties are from when Mr. St. George claims
he was operating out of the Moose Lodge and he may have been operating under a valid license. He
stated there is not overwhelming evidence that Mr. St. George was not operating under a valid Retail
Food Establishment License when the penalties began being applied in the fall of 2010, when he claims
he was still working from the Moose Lodge. He indicated he understands there is an issue beginning in
January, 2011, when Mr. St. George began operating out of the Mason Lodge. Mr. Joseph clarified
there were no civil penalties or letters issued to Mr. St. George until January, 2011. Chair Kirkmeyer
stated when reviewing Mr. Joseph's memorandum, dated April 13, 2011, it seems that the Board is
being asked to direct the matter to the County Attorney to pursue legal action to collect the licensing
fees and assess the civil penalties, or to close the operation. She stated the operation is already
currently closed, since Mr. St. George's license has expired and his mother is applying for a new
license. Commissioners Conway and Rademacher concurred with Chair Kirkmeyer. Chair Kirkmeyer
stated the Board still needs to consider directing Mr. St. George to cease and desist the operation of
the business without a license. Commissioner Rademacher concurred with Chair Kirkmeyer. Chair
Kirkmeyer recommended dismissing the matter and considering a new item of business regarding
issuing a cease and desist order on Monday. In response to Chair Kirkmeyer, Mr. Barker
recommended dismissing the matter and directing staff to work with Mr. St. George and his mother to
obtain a new license, and to bring the matter back to the Board if necessary after following the normal
process. Commissioner Rademacher stated if the Board followed Mr. Barker's recommendations it
would not be necessary to consider the matter again on Monday. Chair Kirkmeyer stated the Board
could still request a report on Monday, and Mr. Barker concurred. She stated if the motion is made to
dismiss this matter and Mr. St. George's mother is going to begin the process of applying for a new
Retail Food Establishment License, Mr. St. George needs to cease and desist the operation of his
business on his own, or she will not be willing to waive the penalties. She stated she understands
Mr. St. George did not have the money to pay the fees and civil penalties and she is willing to work with
him on those; however, if there are violations brought back before the Board regarding the kitchen at
the Mason Lodge, or Mr. St. George continuing to operate without a license, she will not waive any
penalties. Mr. St. George requested that the pre-inspection be completed today, whether or not a
hearing is set for Monday, and he indicated he will not cease and desist the operation of his business,
unless the Department of Public Health and Environment determines there are serious problems with
Minutes, April 13, 2011 2011-0943
Page 8 BC0016
the kitchen at the Mason Lodge. Chair Kirkmeyer stated she is not comfortable with Mr. St. George
continuing business until the kitchen has been inspected. Mr. St. George inquired as to whether he can
continue to operate before his mother has obtained a license, if Mr. Joseph determines there are not
any serious problems with the kitchen, and he stated he will not argue Mr. Joseph's decision. Chair
Kirkmeyer indicated that if the Department of Public Health and Environment determines the kitchen is
sufficient, she will trust their decision. In response to Commissioner Rademacher, Mr. St. George
confirmed he is willing to cease and desist if Mr. Joseph determines there are any critical violations at
the Mason Lodge, until the violations are corrected. He indicated he does not want to serve any food
which may not be safe. In response to Commissioner Rademacher, Chair Kirkmeyer confirmed if the
Board moves to dismiss this matter, it will be dismissing the assessed penalties up to this date;
however, new civil penalties may be assessed. Mr. Barker stated if Mr. St. George continues to
operate without a license, Section 25-4-1611, C.R.S., may be applied, or the matter can be brought
back before the Board, at which time he can pursue an immediate injunction, without going through the
penalty process. Mr. St. George indicated he does not want anyone to become ill from the food he is
serving; therefore, if there a serious problem, he will not continue to operate. He stated he has a large
group of trusted local customers who have purchased food from him for years and he does not want to
place anyone at risk; therefore, he would not continue to operate if a serious problem were to be
discovered. Commissioner Garcia inquired as to whether the Board is indicating it would like to direct
staff to complete an inspection as soon as possible and facilitate the expedited release of the license,
or if the Board is indicating it is willing to allow Mr. St. George to continue to operate without a license
after a satisfactory inspection has been completed. In response to Commissioner Rademacher,
Mr. Joseph reiterated it typically takes two (2) to three (3) weeks for a license to be processed and
some of the processing can be rushed; however, some of the proposed timeframe is contingent upon
obtaining all the necessary paperwork from Mr. St. George's mother. Commissioner Rademacher
indicated the Board may want to issue a cease and desist order on Monday, depending upon the
results of the inspection. Chair Kirkmeyer concurred with Commissioner Rademacher, and she stated
the Board would be able to direct the County Attorney to pursue an immediate injunction at that time if it
chooses to. She stated an inspection needs to occur today, and if there is a serious concern
discovered, which cannot immediately be corrected, Mr. St. George has indicated he will not continue
to prepare food. In response to Commissioner Garcia, Chair Kirkmeyer confirmed she is indicating
Mr. St. George can continue preparing and selling food before a Retail Food Establishment License has
been issued, if the facility is determined to be sufficient upon inspection by the Department of Public
Health and Environment. Commissioner Rademacher moved to dismiss the matter concerning the
revocation of a Retail Food Establishment License, with the direction for staff to complete an immediate
inspection of the facility and to report the results of its inspection on Monday, April 18, 2011, at
9:00 a.m. Commissioner Conway seconded the motion. In response to Commissioner Conway, Chair
Kirkmeyer confirmed if the inspection occurs today and does not reveal any serious problems,
Mr. St. George will be able to continue to operate his business without interruption. Commissioner
Rademacher clarified if there is a problem discovered at the inspection, Mr. St. George must
immediately cease and desist the operation of the business. Chair Kirkmeyer stated the Board has not
ordered Mr. St. George to cease and desist at this time; however, if a serious problem is discovered at
the inspection and Mr. St. George fails to cease and desist on his own, the Board can order him to
cease and desist at the hearing on April 18, 2011, and it can direct the County Attorney to pursue an
injunction. Commissioner Garcia indicated he agrees with the direction to staff to immediately complete
the inspection and to move forward with the licensing process as quickly as possible; however, he
cannot support a motion to allow the operation of the business without a Retail Food Establishment
License. Upon request for a roll call vote, the motion passed four (4) to one (1), with Commissioner
Garcia in opposition.
CONSIDER REVOCATION OF RETAIL FOOD ESTABLISHMENT LICENSE - ROGGEN CENTRAL
FOOD AND GAS: Mr. Joseph stated the establishment has failed to maintain compliance with the
Colorado Retail Food Establishment License rules and regulations concerning the water used in the
Minutes, April 13, 2011 2011-0943
Page 9 BC0016
facility, and it has failed to meet the Colorado Primary Drinking Water Regulations. He stated staff has
made many visits to the facility and discussed options for bringing it into compliance, such as water
treatment, constructing a well, or removing the items which require licensure; however, the facility has
not remediated the issue. He recommended revocation or suspension of the license, unless evidence
is provided today which demonstrates the items requiring licensure have been removed and the
bathrooms have been closed to the public. Commissioner Rademacher inquired as to whether the
water is being used for food preparation. Mr. Joseph clarified the water is not being used for food
preparation, since the facility only sells prepackaged foods, which require temperature control;
however, the problem is the water is in the restrooms, which are available to the public. He stated the
water which comes out of the faucets in the restrooms has to meet the Colorado Primary Drinking
Water Regulations, and the water does not, since the nitrates are high. He stated the nitrates need to
be below 10, and the nitrates have been between 14 and 15, with the most recent samples being 15.5.
Mr. Joseph stated staff chose to bring this matter directly to the Board, as opposed to following the civil
penalty route. Commissioner Rademacher inquired as to whether there are available systems which
could be installed to make the water quality acceptable with the existing well. Mr. Joseph stated a
chlorination system is needed, as well as some way to treat the nitrates, such as a reverse
osmosis (RO) system. He stated there is a chlorination system; however, the nitrate problem remains
unresolved. He stated the sulfates are also relatively high, as well as other items; therefore, installing
an RO system may not remediate the issue. In response to Commissioner Rademacher, Mr. Joseph
confirmed the water is not being served to the public as drinking water; it is just available for use in the
bathrooms. In response to Chair Kirkmeyer, Mr. Joseph stated if the items requiring licensure are
removed, the facility does not need to provide bathrooms to the public.
Long "Bill" Tran, Manager and Co-Owner of Roggen Central Food and Gas, stated there are two (2)
kinds of water; one (1) for drinking water from the fountains and making coffee, and there is another
system for the restrooms. He indicated that three (3) years ago the facility ceased serving water for
drinking, due to the high nitrate levels.
Tu Tran, translator for Bill Tran, inquired as to whether the reason the restrooms need to be closed to
the public is because potable water is necessary for people to be able to wash their hands. Mr. Joseph
clarified the water in the restrooms must meet the Colorado Primary Drinking Water Regulations even if
it is not drank, since the Department of Public Health and Environment regulates water quality; not
water use. He stated if water comes out of the faucet, it must meet the minimum water quality
requirements, even if people do not drink it. Chair Kirkmeyer stated she understands the employees
can tell people they cannot drink the water in the restrooms and there is a sign posted; however, the
employees may not be aware if someone fills up a cup from the bathroom sink, brushes their teeth with
water from the bathroom sink, or cleans out a drinking container in the bathroom sink before filling with
it with another liquid; therefore, the water from the restroom sinks must meet the drinking water quality
standards. She stated the options are to install an RO system, in addition to the chlorination system, in
order to bring the water quality up to drinking standards, or to remove the items requiring a Retail Food
Establishment License. In response to Chair Kirkmeyer, Mr. Joseph stated the items requiring
licensure at the facility include milk, eggs, delicatessen sandwich meats, and frozen items.
Commissioner Rademacher inquired as to how costly the installation of an RO system typically is.
Mark Thomas, Department of Public Health and Environment, stated Roggen Central Food and Gas
has a public water system, as defined by the State of Colorado; therefore, it must follow the design
engineering process through the State, and it could cost more than $8,000.00 for an RO system for
their facility and consumptive water use. In response to Commissioner Rademacher, Mr. Thomas
clarified it is a one (1) dwelling system; however, they meet the State's requirement for a public water
system, since the establishment serves more than 25 people per day for at least 6 months of the year.
Further responding to Commissioner Rademacher, Mr. Thomas stated drilling the existing well deeper
is probably not an option to correct the problem, since the current well does not meet the setback
Minutes, April 13, 2011 2011-0943
Page 10 BC0016
requirements and variances; the well is too close to the septic system tanks and leech field, which is
the probable reason for the high nitrates. He stated the cost for a water treatment may exceed
$12,000.00, including the RO system, chlorination, and a water softening system to treat some of the
sulfates and calcium; therefore, it may be an overall less expensive option to drill a new well because
the well would require minimal treatment. In response to Commissioner Rademacher, Mr. Thomas
stated he is unsure as to how long it typically takes to obtain a permit for a new well from the State.
Tu Tran inquired as to whether the facility would still need to close the bathrooms to the public if it no
longer sells milk, frozen items, and the other items requiring a Retail Food Establishment License.
Mr. Joseph indicated if the items requiring licensure are removed from the establishment, the issues
with the Weld County Department of Public Health and Environment will be resolved; however, the
Colorado Department of Public Health and Environment (CDPHE) would continue to have an issue with
the water quality in the restrooms. Chair Kirkmeyer inquired as to whether Bill Tran could make the
sinks in the bathrooms inoperable and install a hand sanitizing station. Mr. Joseph indicated hand
sanitizer may be an option if the items requiring food licensure are removed from the site; however,
Mr. Tran would need to work that out with the CDPHE. He clarified if the items requiring food licensure
continue to be sold at the establishment, the County requires both hot and cold running water to be
available in the bathrooms. Mr. Thomas stated the CDPHE would prefer the establishment lock the
bathrooms than complete any variances or concessions. Chair Kirkmeyer reiterated if the items
requiring food licensure are removed from the establishment, the issues with the County will be
resolved. Bill Tran indicated another facility in the area does not have public restrooms and it has a
Colorado Retail Food Establishment License. Mr. Joseph indicated some of the older facilities may not
have been required to have bathrooms, and if the facility has not changed uses, staff has perhaps not
required bathrooms to be provided. Chair Kirkmeyer stated the Board is only dealing with this issue, at
this facility, at the moment. Tu Tran stated Bill Tran has inquired as to whether he can be partially
refunded a portion of the licensure fee, since the County and State Departments of Public Health and
Environment knew about these problems prior to issuing the Retail Food Establishment License.
Mr. Joseph stated the full licensing fee is charged even if it was the last day of the year, and there are
temporary event vendors serving for only one (1) day which must pay the full licensing fee, and there
are no prorations or refunds provided. Commissioner Rademacher inquired as to whether Bill Tran is
willing to upgrade the water treatment system or drill a new well to continue operating under the Retail
Food Establishment License. Bill Tran indicated he is not being treated fairly, and he should be
reimbursed for nine (9) months worth of the Retail Food Establishment License, since the problems
with the water have been known for years. In response to Commissioner Rademacher, Mr. Joseph
indicated if Bill Tran indicated he will no longer sell items requiring a Retail Food Establishment
License, the license would be closed at that point. Commissioner Rademacher inquired as to whether
the license could be left open, in case a new well or RO System is installed before the end of the year.
Mr. Joseph indicated if the license was closed, it could be re-opened if an RO system or new well is
installed, or the license can possibly remain open; however, he will research the matter. In response to
Commissioner Rademacher, Mr. Barker indicated he does not see a problem with leaving the license
open for the remainder of the year. Chair Kirkmeyer provided the opportunity for public testimony;
however, none was given. In response to Commissioner Rademacher, Chair Kirkmeyer clarified if Bill
Tran is willing to discontinue selling the food which requires a license, the issue is resolved, since the
bathroom is not the County's issue; it is a CDPHE issue. Mr. Joseph confirmed Chair Kirkmeyer is
correct. Tu Tran stated Bill Tran indicated he has the restrooms as a public service to help the
customers, and he wants to know why the bathrooms must be closed. Chair Kirkmeyer stated if Bill
Tran is willing to remove the items requiring a food license, the Board will dismiss this case, and he will
be able to operate under his current license if he decides to drill a well or bring the water into
compliance in another way later in the year. She stated the Board is not directing the bathrooms to be
closed, since that is a State issue. In response to Chair Kirkmeyer, Bill Tran confirmed he will remove
the items requiring a Retail Food Establishment License from the facility. Commissioner Conway
moved to dismiss the matter, contingent on the items requiring a retail food license being removed from
Minutes, April 13, 2011 2011-0943
Page 11 BC0016
the establishment. Commissioner Garcia seconded the motion. Commissioner Rademacher indicated
he would like staff to report back to the Board on Monday regarding whether the items requiring a Retail
Food Establishment License have been removed from the facility. Mr. Joseph indicated he will be able
to provide the report to the Board on Monday, as requested. Chair Kirkmeyer clarified this matter will
appear as an agenda item on Monday, April 18, 2011. There being no further discussion, the motion
carried unanimously. Chair Kirkmeyer called a five (5) minute recess.
PLANNING NEW BUSINESS:
CONSIDER PROBABLE CAUSE HEARING CONCERNING USR #1059 - LAMBLAND, INC., DBA A-1
ORGANICS: Upon reconvening, Kim Ogle, Department of Planning Services, stated the purpose of
this hearing is to review Use by Special Review Permit #1059 for compliance with the Development
Standards. He stated the site is located north of State Highway 66 and approximately one-half mile
west of County Road 17, and it is approximately 40 acres in size. He stated the facility was permitted
to stabilize and process compost, dairy manure, feedlot manure, and other non-hazardous, organic
manure, including municipal yard wastes and sludge, into weed-free, odor-free, and vermin-free
compost soil. Mr. Ogle stated all organic materials were to be non-hazardous and non-toxic in nature,
as defined by Weld County. He indicated the Department of Public Health and Environment received a
complaint, in the form of a letter, in January, 2011, and it subsequently completed a site inspection and
confirmed the presence of plastic litter across the property and the property boundary, as well as within
the adjacent fields and the County Road 17 right-of-way. He stated the Department of Public Health
and Environment continued to receive complaints about litter blowing off the property, and on March 9,
2011, it conducted a joint inspection with the Department of Planning Services and the Colorado
Department of Public Health and Environment's Hazardous Materials and Waste Management Division,
and it was determined the operation is in violation of several of the Development Standards. Mr. Ogle
stated the Development Standards are identified in a letter sent to Charles Wilson, as well as the
proposed Resolution for today's hearing.
Troy Swain, Department of Public Health and Environment, stated the photographs submitted to the
Board were taken at an inspection conducted on November 30, 2010, where the litter problem was
identified as impacting the adjacent properties up to, and east of, County Road 17. He stated the
facility was cited for accepting unapproved wastes from the Arvada Treatment Center and failure to
screen the incoming feedstock. He indicated some of the photographs show the wood waste pile on
the property, containing finished furniture, and other photographs show the in-process windrows, with
imbedded plastic shards, which contribute to the off-site litter problem. Mr. Swain stated the plastic
shards are very small due to the facility's food waste processing procedure, where food waste which
was contaminated with plastic, was ground with the material for placement in the windrows. He stated
the reason he included a photograph of the fence is to show the netting is not small enough to capture
the plastic pieces, and most of the litter which is captured is caught by nearby tumbleweeds. He stated
an inspection letter was sent and a response was received which indicated the facility was going to use
an all-terrain vehicle (ATV) with a vacuum system which it was going to use to try and retrieve the litter.
Mr. Swain stated the Department maintains that written approval was required, per the Certificate of
Designation and the Use by Special Review Permit, for the wastewater which was accepted from the
Arvada Treatment Center, which contained hydro-carbons. He stated the Department of Public Health
and Environment also found this material, which has never been deemed acceptable by the
Department for composting, being accepted by another facility, and the facility has subsequently
ceased accepting the material. In response to Commissioner Rademacher, Mr. Swain clarified plastic
is not an acceptable feedstock, and it cannot be composted; however, the plastic was being received
with the food waste. Further responding to Commissioner Rademacher, Mr. Swain clarified clean wood
can be used for compost; however, no painted wood or finished materials can be used. Chair
Kirkmeyer stated bedding is made from wood shavings, and it is considered compostable. Mr. Swain
confirmed as long as the wood is clean, it is considered acceptable. He stated another concern with
wood, which is part of construction materials, is whether asbestos is within the materials. He stated at
Minutes, April 13, 2011 2011-0943
Page 12 BC0016
the joint inspection another issue was discovered; the food waste which had been accepted since the
year 2009 was piled up at the site and buried in wood waste, without being processed. Mr. Swain
stated there are food containers, plastic bags, and partially decomposed food waste in the files, which
has the odor of an open face at an active landfill, where you can smell the rotting garbage. He stated at
a teleconference, Bob Yost, A-1 Organics, referred to the food waste as "in-process" composting
windrows. Commissioner Rademacher inquired as to whether the food waste can create issues with
groundwater contamination. Mr. Swain stated the entire site is sloped for drainage control; however,
the site is not allowed to accept food waste and bury it for long periods of time. He stated food waste is
supposed to be processed within 72 hours. In response to Commissioner Rademacher, Mr. Swain
stated he believes the issues which need to be addressed are limited to the food waste and plastics, he
does not believe the site accepted municipal solid waste which was not screened at all, and he did not
observe any chemical containers on the site. He stated he disagrees with the assertion the food waste
is a regular composting pile, since it appears and smells like garbage, and is heavily contaminated with
plastics and food containers. He stated the grinding of the plastics within this material is what creates
the small problematic plastic shards within the windrows, which are difficult to capture and retrieve. He
stated landfills must address blowing plastic bags; however, the landfills do not have the additional
challenge of trying to retrieve small plastic shards. In response to Commissioner Conway, Mr. Swain
confirmed the photographs of the plastic shards show the plastic is strewn about property outside of the
site, as well as across the site.
Laurie Exby, Department of Public Health and Environment, confirmed the photographs show plastic on
Pete Salazar's property, which is located on the west side of County Road 17, and most of the pieces
of plastic and trash are approximately two (2) by two (2) inches in size. In response to Commissioner
Conway, Ms. Exby stated one of the employees indicated eleven people were picking up trash one day
last week; however, on Saturday the wind blew more plastic and trash about; therefore, it is an exercise
in futility. Commissioner Rademacher stated the Aurora Dairy pasture is located on Mr. Salazar's
property, and he inquired as to whether the plastic being on the property could cause the dairy to be out
of compliance for being qualified as an organic dairy. Ms. Exby indicated she is unsure as to whether
the plastic may cause an issue with compliance. Commissioner Rademacher indicated he assumes
some of the plastic will be ingested by the cows, which may place the organic status of the dairy at risk,
and Chair Kirkmeyer concurred. Mr. Swain indicated the chronology of the Department's interactions
with the facility has been provided with the materials submitted to the Board, and staff believes there is
probable cause to set a Show Cause Hearing and to make demands of A-1 Organics to address these
issues, including the acceptance of unapproved materials, the newly found burial of decomposing food
waste and plastic, and the ongoing problems with the litter, both on and off the property, including the
adjacent fields. He stated that if a Show Cause Hearing is set, staff will request that A-1 Organics
cease the acceptance of all feedstock from the Arvada Treatment Center, and staff maintains the
facility has shown an inability to control the migration of plastic litter off of the site; therefore, staff
requests that A-1 Organics immediately retrieve the off-site litter, which will be an ongoing process
since the plastic is very small and the pieces move each time the wind blows. He stated staff also
requests that A-1 Organics cease processing and grinding any of the food waste pile, since it is too late
to commence processing the material on the site, and the processing method is what is causing the
problem with the plastic shards, Mr. Swain stated the facility will be closing June 1, 2011; therefore,
there is not enough time to process the food waste. He stated the food waste has been on the site
approximately a year and a half and it is contaminated with plastic; therefore, it is trash, and it needs to
be removed and taken to a landfill for proper disposal. He stated staff's requests are consistent with
the requests made by the Colorado Department of Public Health and Environment. Mr. Swain stated
staff requests that the material be taken to the landfill by May 6, 2011, and that during the process of
removal, it is requested that A-1 Organics submit a nuisance control for approval and then implement
the plan, to control any nuisance conditions resulting from the disturbance and removal of the piles,
while staff conducts ongoing inspections of the site. He stated due to the weather this time of year, a
nuisance condition may develop, and if A-1 Organics fails to remove the materials for proper disposal
Minutes, April 13, 2011 2011-0943
Page 13 BC0016
and to prevent a nuisance condition, the situation may require an order of abatement of the nuisance by
the Board, to remove the materials at the expense of A-1 Organics. He stated staff also requests both
the covered and "in-process" windrows be removed. Mr. Swain stated the facility had a problem with
litter in the year 2009, and it developed a plan to address it, which he has provided with the November
inspection documents. He indicated one of the items the facility agreed to, and followed for awhile, was
covering the windrows with "overs" or compost after the windrows were turned, to avoid any plastic
from being exposed, and "overs" is the material removed from the finished compost after screening,
which typically consists of small pieces of wood; however, the "overs" include plastic in this case. He
stated staff also requests the facility cover, remove, and dispose of the contaminated "overs" piles, or
that the facility submit a plan for a controlled screening of the piles for the removal of plastics.
Mr. Swain stated A-1 Organics has purchased equipment to try to separate the plastics from the "overs"
piles, and he requests a plan be submitted in regards to the equipment, to have the pile removed or
separated from the plastics by April 22, 2011. He stated it is not adequate to just send employees to
pick up the trash; the in-process windrows with the imbedded plastic, the processed piles, and the food
waste pile need to be removed from the property. Chair Kirkmeyer stated she, Commissioner Conway,
and Commissioner Garcia have lunch engagements scheduled; however, Commissioners Garcia and
Conway indicated they will both remain at the hearing and skip their lunch engagements.
Mimi Larsen, Attorney for A-1 Organics, stated she is representing the company, and the principals are
unable to attend due to an out of town conference. She stated she has recently begun reviewing all the
information which has been assembled by A-1 Organics, and she was just apprised of the situation this
week; therefore, she apologizes if she does not have all the facts and background information. She
stated A-1 Organics is very conscious of the situation and aware these mailers need to be addressed
quickly, since it is in closure mode, which may be extended to July 1, 2011, in order to ensure the
facility is closed in compliance with its closure plan and that all the issues are addressed. Ms. Larsen
stated A-1 Organics wants to work with staff to ensure there is a plan in place to address the litter
issue, as well as the other matters. She stated if the Board deems it necessary to set a Show Cause
Hearing, she will understand; however, A-1 Organics is diligently working to implement the necessary
plans and actions to address these issues. She stated if the Board determines a Show Cause Hearing
is necessary on May 11, 2011, she requests the options to have the matter postponed or dismissed at
that point, assuming A-1 Organics is meeting the necessary milestones. Chair Kirkmeyer inquired as to
what A-1 Organics is accomplishing with the piles. Ms. Larsen stated all the piles will be removed, both
the piles which are in-process and the piles which are ready for sale. She stated A-1 Organics has two
(2) other composting facilities in Weld County, and the composting piles can be moved to those
facilities and processed or sold from there. Chair Kirkmeyer stated the piles cannot be moved to the
other facilities, since the composting piles have been contaminated with plastic and do not meet the
Development Standards, and she assumes since the piles do not meet the Development Standards for
this facility, the piles also do not meet the Development Standards for the other two (2) facilities.
Ms. Larsen stated there is a piece of machinery A-1 Organics has purchased, called a Hurricane, which
extracts plastics from food waste in a far more efficient manner than the previous process. Chair
Kirkmeyer inquired as to whether the Use by Special Review Permits for the other two (2) facilities also
have the Development Standard which indicates if the facilities are to receive any materials other than
manure, the facilities must obtain approval. Mr. Swain stated the facility located within the Town of
Eaton is a Class III facility, which is only allowed to accept manure and lawn wastes; whereas, the other
facility is a Class I facility, and it has a similar Development Standard, which indicates written approval
must be obtained by the County and State Departments of Public Health and Environment, prior to
receiving any new materials. In response to Chair Kirkmeyer, Mr. Swain indicated there was an
emerging litter issue at one (1) of the other facilities the same day he completed an inspection at this
facility. Chair Kirkmeyer stated the compost cannot just be moved to the other facilities because
A-1 Organics would then be in violation at those facilities. Ms. Larsen stated A-1 Organics is committed
to operating in compliance with its Certificates of Designation and working with County staff to make
sure whatever plan is implemented to address the existing piles is taken care of, in accordance with the
Minutes, April 13, 2011 2011-0943
Page 14 BC0016
Certificates of Compliance. In response to Chair Kirkmeyer, Ms. Larsen confirmed A-1 Organics is
aware of the concerns regarding the other two (2) facilities. In response to Chair Kirkmeyer, Mr. Swain
stated staff inspected the other two (2) facilities the same day as the inspection occurred for this facility
in November, 2010, and there were some issues at all three (3) facilities. Further responding to Chair
Kirkmeyer, Mr. Swain stated the Eaton facility is not accepting food waste; however, it has a Certificate
of Designation amendment in process to request to be able to accept food waste. In response to Chair
Kirkmeyer, Mr. Swain stated the Eaton Facility is not allowed to accept waste from the Arvada
Treatment Center. In response to Commissioner Rademacher, Ms. Larsen stated it is her
understanding the facility is no longer accepting any food wastes. Commissioner Conway inquired as
to what the plan is. He stated this has been an issue since November, 2010, and he does not see any
improvement, even though he has been told A-1 Organics is working diligently on a plan. Ms. Larsen
stated there are several crews picking up the litter which is being blown onto the adjacent property
owners fields on a regular basis, and they have acquired the piece of equipment to separate the
plastics from the food waste; however, there is much more work which needs to be quickly completed.
Randy Sekich, adjacent property owner, indicated his family has farmed in the area for 70 years, and
the plastic and the odor are terrible. He stated there is plastic in his hayfields; therefore, his hay buyer
will not purchase the hay, and he has approximately $18,000.00 worth of hay he does not know what to
do with. He stated the issue with the plastic has been ongoing for approximately five (5) years, and the
issues with the odor and dust have been ongoing for approximately 15 years. In response to
Commissioner Conway, Mr. Sekich stated he has approximately 35 acres of alfalfa he cannot sell. In
response to Commissioner Rademacher, Mr. Sekich stated his buyer was not the Aurora Dairy;
however, it was another dairy. Chair Kirkmeyer inquired as to whether Mr. Sekich has approached
A-1 Organics for compensation. Mr. Sekich indicated he has communicated with A-1 Organics and
after threatening to sue, they sent 11 employees to pick up the plastic on his property the next day;
therefore, they are trying, yet the plastic is an ongoing problem, and there is no plan to retrieve the
plastic remaining from the hundreds of thousands of tons of food waste which have been processed
there. Chair Kirkmeyer inquired as to what Mr. Sekich's losses over the last five (5) years have been.
Mr. Sekich stated in the past he ground the hay; therefore, it was not as much of an issue; however, he
has begun baling the hay and the plastic is noticeable. Further responding to Chair Kirkmeyer,
Mr. Sekich indicated there has not been any damage to his crops by the employees picking up plastic
up to this point; however, there may be once the hay is taller.
Pete Salazar stated he and his brothers own the property A-1 Organics is located upon, and the fields
located to the south and east. He stated the plastic has been an ongoing problem and he sent a letter
regarding the matter in July, 2008. He stated employees have been picking up plastic on Mr. Sekich's
field; however, the plastic on his fields has been ignored. Mr. Salazar indicated he has cows on his
property and the herd may ingest the plastic, and he expressed the concern to A-1 Organics, which
indicated it would resolve the problem; however, it has not been resolved. In response to
Commissioner Rademacher, Mr. Barker stated the plastic may cause problems with the cows; however,
the conclusion cannot be made today. In response to Commissioner Conway, Mr. Salazar clarified
employees have picked up trash on his property; however, the concentration has been on Mr. Sekich's
property. He indicated after the wind blew on Saturday, there was top soil and compost blown for as far
as a mile. In response to Commissioner Conway, Mr. Salazar stated the wind typically blows to the
southeast; therefore, the odor is worse in that direction; whereas, he lives to the southwest. He stated
his brother lives in the direction the wind blows; therefore, he has to deal with the odor. In response to
Commissioner Rademacher, Mr. Salazar stated when the employees collect the plastic, it is placed in
plastic bags and then placed in a dumpster, which is hauled away each day.
Rodney Sekich, adjacent property owner, stated he lives directly to the west of the site and he is
concerned about the plastic, and he is also concerned about the Barrow Pits, which are full of waste
from the site, and he indicated the issues do not only effect the private landowners. He stated
Minutes, April 13, 2011 2011-0943
Page 15 BC0016
Ms. Larsen indicated no additional wastes were being accepted; however, he has seen tanker trucks on
the property, as recently as this morning. In response to Commissioner Rademacher, Mr. Sekich
indicated there are active wells in the area; however, these particular tankers were not for oil and gas.
Donna Sekich, adjacent property owner, stated she lives directly west of A-1 Organics and she has
been in contact with the Department of Public Health and Environment about the facility for over
10 years; therefore, the problems have not just recently occurred. She stated there used to be a
problem with standing water, and the County constructed large ditches between A-1 Organics and
Randy Sekich's field. She stated the next problem at the facility was the food waste, and that problem
began several years ago. Ms. Sekich stated a fence was installed to try to prevent the plastic from
blowing onto her property; however, it did not work, since the wind blows the plastic over fence. She
indicted these problems have been ongoing for many years, and A-1 Organics has repeatedly promised
it has a plan in action. She inquired as to whether the waste water from the Arvada Treatment Center
is being applied to the ground to help with dust control, since blowing dust has been an issue at the
site. Ms. Sekich thanked the Department of Public Health and Environment for its assistance on this
matter. She stated she is a small farmer, as well as some of the others in the area, and they are just
trying to make a living. She stated she cannot even feed her hay to her own cows now, Ms. Larsen
indicated she appreciates the public testimony, since it helps her understand the issues more fully, and
A-1 Organics takes this matter very seriously, which is why she is present to help mediate this matter
and to address the issues. Mr. Swain reiterated the site itself is the problem with the litter, since it
blows from the site, and chasing it around the countryside is not a good solution. He stated there
needs to be a strict timeframe to remove the material, with the caveat, the food waste must be
monitored, to ensure it does not become a nuisance condition. He stated the "overs" piles need to be
removed, and the in-process windrows need to be removed or covered. In response to Chair
Kirkmeyer, Mr. Swain stated the Department has indicated it wants the food waste to be removed from
the site by May 6, 2011, and the site agreed to cease accepting materials shortly after his inspection.
He indicated he received a request from A-1 Organics to be able to use irrigation water for dust
abatement, and he replied it can use the irrigation water for dust abatement. In response to Chair
Kirkmeyer, Commissioner Rademacher suggested A-1 Organics be directed to cease acceptance of
any materials not allowed in the USR Permit, as opposed to just the feedstock materials from the
Arvada Treatment Center. Mr. Swain suggested the language could state that the facility cease
acceptance of any, and all, feedstock, since the facility does not have time to process it prior to closing
this summer. Chair Kirkmeyer indicated she was serving on the Board of County Commissioners when
the original USR Permit was approved for this facility, and she understood only manure and bedding
were to be processed at the facility, which is why there is a Development Standard that anything other
than manure and bedding required Board approval; however, the site has not requested approval of
any other materials. She suggested the direction should be for the facility to cease accepting any
materials, since she is unsure as to why the facility is accepting any materials at this point if it is closing.
Mr. Swain stated if the Board sets a Show Cause Hearing, staff would request the Board find the facility
accepted materials prohibited by the Certificate of Designation. Chair Kirkmeyer stated Mr. Swain
needs to review the findings in the proposed Resolution and ensure those findings are adequate. She
stated Mr. Swain's memorandum indicates the facility has shown an inability to control migration of
plastic from the site and it recommends a Show Cause Hearing be scheduled; that all litter from the
facility be immediately retrieved; and that the food waste processing immediately cease. In response to
Chair Kirkmeyer, Mr. Swain indicated that based on some of the comments Ms. Larsen has made today
about submitting a plan, he believes A-1 Organics still intends to try to process the food waste material.
Commissioner Rademacher stated the language should indicate all litter from the site needs to be
immediately retrieved, to include litter on the site, as well as the litter off of the site, since the onsite
litter will eventually end up blowing onto the adjacent properties. In response to Commissioner
Conway, Mr. Swain stated the Department maintains the food waste stockpile on the site is an illegal
disposal of solid waste; it should have been processed; however, there is not enough time remaining to
process it, and the Department would not want the material processed with the facility's current
Minutes, April 13, 2011 2011-0943
Page 16 BC0016
methods if there was sufficient time. In response to Chair Kirkmeyer, Ms. Larsen stated it is her
understanding A-1 Organics believes the material can be processed and used as compost, and she
understands there is a difference of opinion; however, it is the intention of A-1 Organics to process and
compost the material. She requested the Board grant a week or two to reach an understanding with
staff on this matter as to whether the piles can be used for compost. She stated A-1 Organics has
indicated the piles are in-process and can be used for compost. Mr. Swain stated the piles are not
in-process feedstock; the piles are food waste covered with wood waste for a year and a half, and he
does not want to see the piles ground. He stated even if A-1 Organics has a method to remove the
plastic from the partially decomposed food waste, there will still be nuisance issues, since the material
has been decomposing for a year and a half. Commissioner Rademacher stated A-1 Organics is not
even allowed to accept these types of waste under its USR Permit and it would need to amend its
USR Permit to be able to, which there is not time to complete, since the facility is closing this summer.
Ms. Larsen indicated she was under the impression that food waste processing was allowed at the
facility. Mr. Swain clarified food waste composting is allowed at the facility; however, the wood and
plastic are contaminates and they have failed to properly separate the materials. Ms. Larsen stated the
"Hurricane" device is being used to separate the plastic from the piles. In response to Commissioner
Rademacher, Ms. Larsen confirmed the "Hurricane" is basically a wind-machine separating the plastic
from the other material, and it is removing the non-compostable items from the compostable items in
the piles Mr. Swain referred to as trash piles. She stated the items which can be composted have
continued to be treated and processed, and A-1 Organics is in the process of reducing and removing
the piles containing both compostable and non-compostable items. In response to Chair Kirkmeyer,
Mr. Swain confirmed this pile has been on the site since the year 2009. Chair Kirkmeyer stated she
supports directing the facility to cease grinding and processing the material, and to remove the material
from the site, and inquired as to why the Department wants to allow A-1 Organics until May 6, 2011, to
remove the material; she would like it to be completed within one (1) week. Commissioner Conway
stated the County staff has indicated there is not enough time to process the piles and he inquired as to
whether Ms. Larsen disputes that. Ms. Larsen stated her client indicated the facility is able to process
the materials; however, it would be helpful to discuss the matter further with staff, to determine how to
remove the materials or reach a solution as to whether the materials can be removed and a
determination as to whether the materials can be used as compost. She indicated she understands the
desire to have the facility cleaned up as soon as possible; however, the facility needs adequate time to
remove the piles and to close the facility, and she does not know if the facility is capable of removing
the piles from the site before May 6, 2011. Commissioner Conway inquired as to how he is supposed
to believe the facility will formulate a plan to remove the materials and close the facility by June 1, 2011,
when it has never enacted a plan in the past. Ms. Larsen stated the facility has submitted a closure
plan, under the State rules, which is in place, and the facility is operating under; and the facility has
been in the process of reducing the piles over the last month. In response to Commissioner Conway,
Mr. Swain confirmed he has seen some machinery at the site; however, in the State's Compliance
Advisory, it indicates there is a 60-day process for composting the food waste and if it was not in
process by April 1, 2011, it would not be able to completed by the closure date of June 1, 2011;
therefore, all the food waste is supposed to be taken to a sanitary landfill by May 15, 2011, and
documentation of the disposal is to be provided by May 23, 2011. Chair Kirkmeyer stated there is the
State process and there is the County USR process, and the Board can try to integrate and marry the
two (2) processes; however, it does not have to. She stated she is considering declaring it a nuisance
and requiring an abatement of the nuisance within 24 hours. In response to Commissioner Conway,
Ms. Larsen stated the facility is working to reduce the pile, which is the reason the facility has the
machinery onsite. She stated the facility is in closure mode and it is working to close as quickly as
possible. Chair Kirkmeyer stated she appreciates the facility is in closure mode and there are items
which must be followed in order to close the facility, which she recommends the facility does; however,
she wants all operations to cease because if it has not been started by now, there will not be time to
complete it before June 1, 2011. In response to Commissioner Rademacher, Mr. Swain stated the food
waste pile is approximately 20,000 to 25,000 cubic yards. Commissioner Rademacher stated a pile this
Minutes, April 13, 2011 2011-0943
Page 17 BC0016
size will take awhile to haul away and it is not possible to complete the removal in a few days. In
response to Commissioner Conway, Mr. Swain stated a large semi can haul approximately 120 cubic
yards, and the trucks the County utilized to correct a nuisance last year were approximately 40 cubic
yards in size. Chair Kirkmeyer stated she understands if may take up to six (6) weeks to remove the
piles to properly close the facility; however, she does not want the facility to continue any operations,
other than removing trash. Commissioner Conway concurred with Chair Kirkmeyer, and he stated he
finds it disturbing more materials may have been delivered to the site as recently as this morning.
Mr. Barker indicated this is the Probable Cause Hearing to determine whether there is enough evidence
to set a Show Cause Hearing, which would be the appropriate time to issue the types of orders which
are being proposed. Chair Kirkmeyer inquired as to whether the Board must wait 30 days to schedule
a Show Cause Hearing. Mr. Barker stated the A-1 Organic's representative has indicated the company
is willing to complete various items on record, which can occur prior to the Show Cause Hearing. Chair
Kirkmeyer inquired as to whether the Board can issue a cease and desist order, since the facility is in
violation of its USR Permit. Mr. Barker stated the Board needs to wait until the Show Cause Hearing
before it may issue a cease and desist order because that is the County's process. He stated he is
researching how much time the Board must provide between the Probable Cause and Show Cause
Hearings. Chair Kirkmeyer stated if Mr. Barker indicates the Board must wait 30 days to set a Show
Cause Hearing, she will want the information to be provided to her about how long is necessary to
complete a nuisance abatement process. In response to Commissioner Rademacher, Mr. Swain stated
there is a State financial assurance; however, the County is prohibited from having another one, and as
far as he knows, A-1 Organics has financial assurance and bonding in place with the State. Mr. Barker
indicated it appears the Board must provide 10 days notice to the surrounding property owners and the
property owner/operator by certified mail, and in the instance of nuisance abatement, it would be
pursuant to action brought under Title 25, and the Board must notify the property owner. He stated the
notification for this hearing does not meet the requirement which would be necessary for a nuisance
abatement process; therefore, 10 days may be the fastest timeframe to address the matter.
Commissioner Garcia indicated he finds that Development Standards #3, #5, #9, #13, and #19 are not
being met for USR #1059, as indicated in the proposed Resolution, and he read said Development
Standards into the record. Commissioner Garcia indicated he finds there is probable cause to set a
Show Cause Hearing, and he moved to set said Show Cause Hearing for April 27, 2011, at 9:00 a.m.
Commissioner Conway seconded the motion, and he stated this is a serious matter and he hopes
Ms. Larsen's clients arrive prepared on April 27, 2011, and that they and do everything possible to
mitigate the situation before then. Commissioner Rademacher stated he wants to warn Ms. Larsen if
the other facilities are accepting these type of materials, those matters will also be brought before the
Board. There being no further discussion, the motion carried unanimously. (Clerk's Note: The motion
was made for the matter to be considered at 9:00 a.m., on April 27, 2011; however, it will be considered
at 10:00 a.m., along with the other land use hearings.)
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.
Minutes, April 13, 2011 2011-0943
Page 18 BC0016
There being no further business, this meeting was adjourned at 12:15 p.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, C 5RADO
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Minutes, April 13, 2011 2011-0943
Page 19 BC0016
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