HomeMy WebLinkAbout20112545.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SEPTEMBER 26, 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
Administration Building, Greeley, Colorado, September 26, 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 Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of September 21, 2011, as printed. Commissioner Garcia seconded the
motion, and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Conway moved to approve the Certification of
Hearings conducted on September 21, 2011, as follows: 1) AmUSR #1251 - Pat and Amanda
Weakland. Commissioner Rademacher seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: Commissioner Rademacher moved to amend the title of the following
Item of Business: 3) Consider Proposals for Microwave Network and Simulcast Systems and authorize
Chair to sign all necessary documents — Motorola Solutions, Inc. [2011-2533], to state, Consider
Communications System Agreement for Microwave Network and Simulcast Systems and authorize
Chair to sign — Motorola Solutions, Inc. Commissioner Conway seconded the motion, which carried
unanimously.
PUBLIC INPUT: Doug Meyer, Weld County resident, stated he attended a Property Rights Foundation
of the West meeting in the City of Fort Morgan on Wednesday evening, where Weld County was well
represented, and a total of six (6) counties were represented. He stated John Stolk spoke about the
Colorado River Agreement at the meeting and Mr. Stolk stated if an agreement cannot be reached,
approximately 500,000 to 700,000 acres of farmland may need to be dried up, in order for the Western
Slope to provide the City of Denver the water it feels entitled to. He stated Mr. Stolk also spoke about
rotating crops, fouling, changing augmentation credits, pilot projects, and monitoring wells. Mr. Meyer
stated most of the questions and comments directed towards Mr. Stolk centered around ground water
levels, and various people from along the South Platte River basin stated their homes have water
flooding their basements. He stated people also indicated concerns about mosquitoes and West Nile
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virus, damage to infrastructure, contaminated drinking water, economic losses to farmers, and loss of
farmland caused by high alkaline levels in the soil. He requested that the Board dialogue with the
Governor and the State to rectify the problem. Mr. Meyer stated the only way to refresh and lower the
aquifer level is to allow the wells in the area to pump again. In response to Commissioner Conway,
Mr. Meyer confirmed the courts ordered that the wells be shut down. Commissioner Conway stated
this needs to be changed at the State legislative level, since it was court ordered, and he inquired as to
whether there were any suggestions at the Round Table meetings as to how the situation can be
improved by the Commissioners. Mr. Meyer stated Chuck Leaf provided a solution to be given to the
Governor; however, he is not privy to it. He stated in the 1800s there was a radical solution applied
where the House decided not to appropriate the money to pay the judges' wages because they did not
follow the constitution. Chair Kirkmeyer stated that is a different area of government.
CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Rademacher seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
NEW BUSINESS:
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF
CR 122 AND AUTHORIZE CHAIR TO SIGN - 30 MILE RANCH, LLC: Janet Carter, Department of
Public Works, stated similar situations have periodically been presented to the Board when applicants
apply for right-of-way use permits, when a private facility will be placed under a public roadway. She
stated in this case the applicant is requesting to install a four (4) inch sleeve with a three (3) inch water
line under County Road 122, approximately three (3) miles east of U.S. Highway 85. She stated the
water line will be utilized for livestock purposes. Commissioner Conway moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 59 BETWEEN CRS 58.5 AND 60.5: Ms. Carter stated
said closure will commence October 3, 2011, and end October 7, 2011, in order to replace a 48-inch
corrugated metal irrigation pipe. She stated the average daily traffic count for County Road 59 is
281 vehicles, according to a traffic count taken this year, and magnesium chloride will be used for dust
control on the gravel portions of the detour route. She stated road signs and barricades will be used
throughout the closure. Commissioner Rademacher moved to approve said temporary closure.
Commissioner Garcia seconded the motion. Chair Kirkmeyer stated the Department of Public Works
has done a great job improving County Road 6, and she has been receiving compliments about it from
all her neighbors. There being no further discussion, the motion carried unanimously.
CONSIDER COMMUNICATIONS SYSTEM AGREEMENT FOR MICROWAVE NETWORK AND
SIMULCAST SYSTEMS AND AUTHORIZE CHAIR TO SIGN - MOTOROLA SOLUTIONS, INC.:
Bruce Barker, County Attorney, stated the amount of the agreement is 5.55 million, which was
negotiated by Don Warden, Director of Budget Management and Analysis, and Mike Savage, Director,
Greeley-Weld County Regional Communications Center.
Mr. Savage stated the Simulcast radio system will improve public safety radio coverage for the areas
along 1-25, including the Towns of Windsor, Milliken, Johnstown, and the western portion of the City of
Greeley. He stated there were issues in those areas with radio coverage during the Windsor tornado,
and this project is intended to correct those issues.
Anita Scrams, Director, Affiliated Computer Systems (ACS), stated the network conductivity system for
the South County offices will also be replaced and upgraded under this agreement. Chair Kirkmeyer
inquired as to whether the Simulcast will improve communications in the Southeast portion of the
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County. Mr. Savage stated an additional component of this project is relocating the equipment which
has been replaced to sites near the Towns of Keenesburg and Nunn. Commissioner Rademacher
moved to approve said proposals and authorize the Chair to sign all necessary documents. Seconded
by Commissioner Conway, the motion carried unanimously.
CONSIDER PURCHASE OF EQUIPMENT PROPOSAL — POWER EQUIPMENT COMPANY: Barbara
Connolly, Controller, stated the Department of Public Works had expressed its intent to purchase a new
loader in the year 2012; however, upon preliminary review, it discovered it would not be able to
purchase a loader with the amount which was budgeted. She stated the Department of Public Works
subsequently found a used loader for sale for $174,000.00, which is approximately $30,000.00 less
than the budgeted amount and $60,000.00 less than what it would have cost to purchase a new loader.
She stated the used loader is a nearly new machine, which has just 1,200 hours on it and a warranty,
and she recommended approval of the proposal. Commissioner Long moved to approve said proposal.
Seconded by Commissioner Garcia, the motion carried unanimously.
HEALTH BUSINESS:
CONSIDER SUSPENSION/REVOCATION OF RETAIL FOOD ESTABLISHMENT LICENSE - TACO
EXPRESS: Deb Adamson, Department of Public Health and Environment, stated Marcela Swain,
Department of Public Health and Environment, is present to translate for the property owner, and the
hearing was scheduled to evaluate what progress has been made at the establishment. She stated the
property owner has hired a consultant, Schiemann Consulting Group, and Carl Schiemann is a current
Denver County Retail Foods Inspector, a certified chef, and a culinary instructor, who was on the list of
recommended consultants provided by the Department of Public Health and Environment to the
property owner. She stated the property owner, Efrain Ortiz, his wife, and two (2) employees attended
the Weld Star class which was presented in Spanish last Wednesday, and all four (4) of them passed
the exam administered at the end of the class. Ms. Adamson stated Mr. Schiemann indicated in an e-
mail that he visited the facility yesterday and worked on a number of items with Mr. Ortiz, including the
identification of appropriate storage areas for employees' food and drink, which was one of the
establishment's critical violations; kitchen management issues; organization of the kitchen; cleaning;
and long-term maintenance of the facility. She stated Mr. Schiemann indicated he is going to develop
some tools for Mr. Ortiz for the long-term management of food safety issues in the kitchen and they
worked on the items which could be addressed while the facility was closed. She stated Mr. Ortiz has a
contract with Schiemann Consulting Group, and Mr. Schiemann intends to return and work with
Mr. Ortiz within 10 days, when he can observe the establishment in operation, including the food
handling and cooking.
Dan Joseph, Department of Public Health and Environment, recommended the facility be allowed to
reopen, with one (1) regular inspection, to be conducted each week for two (2) weeks after
Mr. Schiemann's visit. Commissioner Rademacher inquired as to how long Mr. Schiemann will be
under contract with Taco Express. Ms. Adamson clarified Mr. Schiemann will conduct one (1) more site
visit within ten (10) days, and it will be discussed at that time whether Mr. Ortiz feels he needs
additional assistance from Mr. Schiemann. In response to Commissioner Rademacher, Ms. Adamson
stated the plumbing issues have been addressed at the facility and a lot of work was completed in order
to correct the issues. In response to Commissioner Garcia, Mr. Joseph confirmed the last inspection by
the Department of Public Health and Environment occurred on August 25, 2011, and the plumbing was
inspected at that time and it was observed to be draining correctly. He suggested the Board make it a
condition of the dismissal that staff checks the walk-in cooler at the facility, to ensure it is working
correctly.
Mr. Ortiz stated he is working hard to reopen the restaurant because he wants to be able to support his
family, and he will do the best he can to correct the previous issues with the establishment if the Board
gives him another chance. Chair Kirkmeyer stated it is never the desire of the Board to close a
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business, and she understands it is important to Mr. Ortiz and his family that he be allowed to conduct
business. She thanked Mr. Ortiz for listening to what the Board had to say at the previous hearing, for
taking the class, and for hiring the consultant, which are important efforts towards making her
comfortable with the recommendation made by the Department of Public Health and Environment to
allow the establishment to reopen, with the conditions that Mr. Ortiz continue working with his
consultant, that two (2) more inspections by the Department of Public Health and Environment occur
after the consultant visits again, and that staff make sure the walk-in cooler is working correctly.
Ms. Swain translated Chair Kirkmeyer's remarks for Mr. Ortiz, to ensure he clearly understood. In
response to Chair Kirkmeyer, Mr. Ortiz confirmed he understands the conditions of the dismissal.
Mr. Joseph stated if the establishment does not remain in substantial compliance at the next two (2)
inspections, or the establishment has critical violations which are repeated from previous inspections,
he will bring the matter back before the Board for action. In response to Commissioner Rademacher,
Mr. Barker confirmed the proper motion would be to dismiss the matter. Commissioner Rademacher
moved to dismiss the matter. Commissioner Garcia seconded the motion. Commissioner Conway
stated he will support dismissing this matter because of the action the property owner has taken of
hiring a consultant and attending the class, which demonstrates he is serious about correcting the
problems. Commissioner Rademacher encouraged Mr. Ortiz to stay on top of the matter, and he
wished him luck. Mr. Ortiz thanked the Board for dismissing the matter, and he stated he will do his
best to keep the establishment in compliance. There being no further discussion, the motion 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 9:35 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: j�,,,...7'14 _ 4 C � J
`�''— barbara Kirkmeyer, C it
Weld County Clerk to the Board
' Seanthanway, Pro-Tem
BY:
Deputy rk to the Board (J
El°a WV am• Gar is
a.
iso .''ply David E. Long
®u wt Douglas R demac er
Minutes, September 26, 2011 2011-2545
Page 4 BC0016
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