HomeMy WebLinkAbout20101186.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 7, 2010
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, June 7, 2010, 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 Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner William F. Garcia
Commissioner David E. Long
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jennifer VanEgdom
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of May 26, 2010, as printed. Commissioner Garcia seconded the motion, and
it carried unanimously.
READ ORDINANCE BY TAPE: Commissioner Garcia moved to read Code Ordinance #2010-4 by
tape. Commissioner Long seconded the motion, which carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Conway moved to approve the Certification of
Hearings conducted on May 11, 2010: 1) Violation Hearings; and Hearings conducted on May 26,
2010: 1) USR #1735 — Fred and Elizabeth Deering, c/o Bruce and Susan MacMillan, and 2) USR
#1732 — Michael and Pamela Weiss. Commissioner Long seconded the motion, which carried
unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: Doug Meyer, Weld County resident, indicated he previously spoke to the Board
concerning the book "Undue Influence," and he requested that the Board speak to Senators and
Representatives regarding the use of public lands. He read a section of the book into the record and
clarified when President Clinton was in office, he utilized the Antiquities Act to take possession of over
1.5 million acres of public land within the State of Utah. He confirmed the public land contained coal,
oil, and natural gas resources, and it has been said that the plan exists to take more public land, at a
total of up to 13 million acres, within eleven western States, including the State of Colorado. He
confirmed land is expected to be taken from the Vermillion Basin and the profits from the resources will
be utilized to help collateralize the national debt. Mr. Meyer expressed his concerns regarding public
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land being utilized in this way because public land should be utilized for the benefit of the public. He
indicated Senator Mark Udall has been involved in this process before, which he believes is against
federal law, specifically the Federal Land Policy Act, and the National Environmental Policy Act
(NEPA). He referenced a Section of the NEPA for the record, which indicates the public lands are
specifically designated for use by the public. He explained he is not sure if the Board is able to take
any corrective action; however, he is trying to generate support to prevent public lands being taken for
their resources. Commissioner Conway expressed his appreciation to Mr. Meyer for expressing his
concerns, and he confirmed the Board does not have any persuasion upon Congressional delegation.
He further confirmed the wife of Senator Udall does work for a special interest club, and was
instrumental in previous decisions within the Clinton administration to utilize public lands. He explained
the only way for land within the State of Colorado to be protected is for the State to take action which
shields the entire State, similar to actions taken by the State of Wyoming. He confirmed the current
administration needs to create legislation which will prevent public lands from being taken and
designated for uses outside of the normal process. He concurred with Mr. Meyer that designated public
lands are owned by the public and should be utilized for the benefit of the public.
CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Garcia seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
OLD BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - KITAYAMA BROS.
GREENHOUSES, DBA GREENLEAF WHOLESALE FLORISTS: Chris Woodruff, Assessor, stated the
petition was submitted for tax years 2007 and 2008, and the petitioner has provided no other
information which supports the requested value, therefore, he recommended denial of the petition. He
clarified the value was set in the year 2007, and maintained in the year 2008, and he believes the value
is fair. Neither the petitioner, nor a representative, was present to provide comment. Commissioner
Garcia moved to deny said petition, based upon staff recommendation. Seconded by Commissioner
Long, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - TAGAWA GREENHOUSES,
INC.: Mr. Woodruff stated the petition was submitted for tax years 2007 and 2008, and was filed by the
same representative who filed the previous petition. He indicated staff requested additional information
regarding the proposed adjusted value; however, none has been provided. He clarified he believes the
current value is fair, and he recommended denial of the petition. In response to Commissioner
Conway, Mr. Woodruff confirmed this representative files petitions on a regular basis, and usually
presents information before the Board of Assessment Appeals. Commissioner Conway moved to deny
said petition, based upon staff recommendation. Seconded by Commissioner Garcia, the motion
carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - JSPERGM, INC.: Mr. Woodruff
stated the petition was submitted for tax years 2007 and 2008, and he confirmed this property is
located within a shopping center along 23rd Avenue within the City of Evans. He indicated the property
owner's representative has requested a reduction in valuation; however, the valuation was set by the
Board of Equalization (BOE) for tax year 2007, therefore, the petition for this year is not valid. He
explained the valuation was maintained for tax year 2008, and he believes the value is the correct value
and should be maintained, therefore, he recommended denial of the petition for both tax years. In
response to Commissioner Garcia, Mr. Woodruff confirmed the summary provided by Stevens and
Associates includes some expenses that he does not agree with as appropriate deductions with the
income approach. He confirmed staff recomputed the figures based upon the data provided, and when
Minutes, June 7, 2010 2010-1186
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the 9 percent figure was utilized, the value was capitalized at $2.616 million. He explained the three
approaches to value, and he confirmed he understands the property contains a low land value,
therefore, the value of $2.4 million is a fair value. Neither the petitioner, nor a representative, was
present to provide comment. Commissioner Garcia moved to deny said petition, based upon staff
recommendation. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - POUDRE VALLEY HEALTH
CARE, INC.: Mr. Woodruff stated the property is located in the Town of Windsor, and the petition was
filed for tax years 2007 and 2008. He explained the original valuation was determined by staff to be in
the amount of $2,542,622.00, and the petitioner's representative is requesting a value of
$2,009,200.00, based upon the income approach. He stated staff reviewed the income approach data
provided; however, because this is a large medical facility, it was difficult to find adequate sales
comparables. He explained staff concurs that an adjustment is warranted, based upon the income
indicating a reduction in value is warranted, and because the market is not strong. He recommended
the value be adjusted to an amount of $2,225,161.00 for both years, which will result in a refund of
$8,395.23 for the year 2007, and $8,622.16 for the year 2008. He confirmed these figures only relate
to the taxable portion of the property, and approximately 16 percent of the property value is exempt.
Commissioner Long moved to approve, in part, said petition, based upon staff recommendation.
Seconded by Commissioner Conway, the motion carried unanimously
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - A.P. EBERLEIN CO., INC.:
Mr. Woodruff stated this petition was filed for personal property for tax year 2008. He clarified the
property owner included assets which contained SMM tags, and specific ownership tax is paid through
these tags to the Clerk and Recorder's Office. He indicated the property owner discovered these
assets had been double-taxed, and this petition seeks to correct that error. He indicated he
recommended approval of the petition, which will create a refund in the amount of $4,903.29. In
response to the Board, Mr. Woodruff confirmed the property owner did provide the appropriate
documentation from the Clerk and Recorder's Office. Commissioner Kirkmeyer moved to approve said
petition, based upon staff recommendation. Seconded by Commissioner Conway, the motion carried
unanimously
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - VILLAGE GREEN HOLDINGS,
LLLP, C/O 1ST NET REAL ESTATE SERVICES, INC.: Mr. Woodruff stated this petition is for an
apartment complex located within the City of Greeley, and is for the 2009 tax year. He clarified the
original valuation of $4,500,000.00 equates to approximately $37,500.00 per unit, and the property
contains 120 units. He indicated no additional information was provided by the property owner's
representative, and because this property is utilized for residential purposes, staff may only utilize the
market approach to determine value. He further indicated sales from the year 2007 and the first half of
the year 2008 were reviewed, and the sale prices ranged between $29,760.00 per unit, to $43,800.00
per unit. He clarified the average sale price per unit is approximately $38,300.00 for large apartment
complexes, and based upon this information, he believes the valuation of$37,500.00 is a fair value. He
recommended denial of the petition. Commissioner Garcia moved to approve said petition, based upon
staff recommendation. Seconded by Commissioner Conway, the motion carried unanimously
CONSIDER RECOGNITION OF MARK MAGNUSON AND LINDA CRESPIN, WELD COUNTY
DEPARTMENT OF HUMAN SERVICES INVESTIGATORS: Bruce Barker, County Attorney, stated the
Board had requested that this Resolution be added to the agenda, recognizing Linda Crespin and Mark
Magnuson for their accomplishments. Commissioner Kirkmeyer read the Resolution for the record, and
confirmed this is an important recognition. She stated she is proud of the work completed by both
Mr. Magnuson and Ms. Crespin and she expressed her appreciation for their efforts. Commissioner
Conway expressed his appreciation to both Ms. Crespin and Mr. Magnuson and confirmed Weld
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County is well known for its hard work relating to tackling welfare fraud. He indicated both employees
have been outstanding examples within their Department. Commissioner Conway moved to approve
said recognition. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER ACCEPTANCE OF TRANSFER OF $50,000.00 OF TEMPORARY ASSISTANCE FOR
NEEDY FAMILIES (TANF) RESERVES AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY
DOCUMENTS — LA PLATA COUNTY: Mr. Barker stated a letter from La Plata County is attached to
the Resolution, which provides a brief explanation of the proposed transfer of funds. He clarified La
Plata County will not pass a Resolution regarding this matter until June 15, 2010; however, it is not
premature for the Board to approve this Resolution. He recommended the Resolution be modified to
indicate that the transfer of funds is accepted, effective June 15, 2010. Commissioner Kirkmeyer
moved to approve said acceptance of transfer and authorize the Chair to sign necessary documents.
Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURES OF CR 54, BETWEEN 1ST AVENUE AND CR 45, AND CR
43, BETWEEN CRS 52 AND 54: Janet Carter, Department of Public Works, stated County Road 54,
between 1st Avenue and County Road 45, and County Road 43, between County Roads 52 and 54 will
be closed until June 9, 2010, for replacement of an irrigation culvert. She confirmed message boards
and standard road signs have been utilized to warn motorists of the closure, and magnesium chloride is
being utilized on County Road 52, for dust control. She indicated the average daily traffic count in the
area is approximately 621 vehicles, which was taken in the year 2006. Chair Rademacher stated he
believes this area experiences a heavier traffic count, and Ms. Carter confirmed updated traffic counts
will be taken once this project is complete. Commissioner Conway moved to approve said temporary
closure. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 8 BETWEEN CR 23 AND U.S. HIGHWAY 85:
Ms. Carter stated County Road 8, between County Road 23 and U.S. Highway 85, will be closed from
June 14, through June 17, 2010, for the purpose of replacing a pipe culvert. She confirmed the detour
route is paved, and the average daily traffic count on County Road 8 is 91 vehicles per day, which was
taken in the year 2007. She indicated standard road signs and barricades will warn motorists of the
closure. Commissioner Kirkmeyer moved to approve said temporary closure. Seconded by
Commissioner Conway, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 13 BETWEEN CRS 32 AND 34: Ms. Carter stated
County Road 13, between County Roads 32 and 34, will be closed from June 21, through June 24,
2010, to replace a drainage culvert. She indicated the average daily traffic count is approximately
2,140 vehicles per day, which was taken in 2006, and magnesium chloride will be utilized for the
portions of the detour route which are gravel. She further indicated standard road signs and barricades
will warn motorists of the road closure. Commissioner Garcia moved to approve said temporary
closure. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER AUTHORIZING ENTRY UPON VARIOUS LANDS BY WELD COUNTY VEGETATION
MANAGEMENT SPECIALIST: Tina Booton, Department of Public Works, stated she is required to
obtain approval from the Board for the right of entry on lands to complete weed control measures for
the two properties listed. In response to Chair Rademacher, Ms. Booton confirmed she has had
personal contact with both property owners, and legal notices have also been sent. She further
confirmed one of the property owners has not provided response for the past couple of years.
Commissioner Long moved to authorize said entry. Seconded by Commissioner Garcia, the motion
carried unanimously.
CONSIDER CONTRACT FOR VICTIM SERVICES FUNDING AND AUTHORIZE CHAIR TO SIGN -
VICTIM'S ASSISTANCE AND LAW ENFORCEMENT (VALE) BOARD: Suzi Cvancara, Sheriff's Office,
Minutes, June 7, 2010 2010-1186
Page 4 BC0016
stated the application was approved by the VALE Board, and she is now seeking approval of the
resulting contract. Commissioner Garcia moved to approve said contract and authorize the Chair to
sign. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER STATEMENT OF GRANT AWARD FOR JUVENILE DIVERSION PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Commissioner Kirkmeyer moved to approve said statement of grant
award and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER ASSIGNMENT OF TAX LIEN SALE CERTIFICATES TO ROBERT OSOS, LLC, AND
AUTHORIZE CHAIR TO SIGN: Mr. Barker stated the tax certificates for seventeen properties are
being assigned to Robert Osos, LLC, for the amount of $4,660.63. He confirmed the amount paid by
Robert Osos, LLC, includes all necessary fees and taxes, and he recommended approval of the
assignment. Commissioner Kirkmeyer moved to approve said assignment and authorize the Chair to
sign. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER APPOINTMENT AND REAPPOINTMENTS TO BOARD OF PUBLIC HEALTH:
Commissioner Conway moved to appoint Kenneth Andrews, and to reappoint Eric Whitwood and Linda
Kautz, to the Board of Public Health, all with terms to expire on May 23, 2013. The motion was
seconded by Commissioner Kirkmeyer, and it carried unanimously.
SECOND READING OF CODE ORDINANCE #2010-5, IN THE MATTER OF REPEALING AND
RE-ENACTING, WITH AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE, CHAPTER 8 PUBLIC
WORKS, AND CHAPTER 12 LICENSES AND PERMITS, OF THE WELD COUNTY CODE:
Commissioner Kirkmeyer moved to read Ordinance #2010-5 by title only. Seconded by Commissioner
Conway, the motion carried unanimously and Mr. Barker read said title for the record. Ms. Carter
submitted a copy of a PowerPoint presentation, marked Exhibit A, which she reviewed for the record.
She clarified access permits are currently issued in conjunction with a right-of-way permit, and staff
would like to separate the permits to simplify the application process. She explained access permits
are utilized to ensure that new accesses are constructed in a safe manner, including being located
within a safe area, and to ensure the functionality of the road is not compromised. She confirmed the
last update to the permits occurred in the year 2000, and staff is now recommending the Weld County
Code be updated to reflect the new procedures. Ms. Carter explained the issuance of right-of-way
permits helps to decrease taxpayer expenses by ensuring the restoration of the right-of-way after
construction activities, and by ensuring the proper practices and materials are utilized during
improvements to the right-of-way. She displayed several photographs depicting the negative
consequences resulting from road work being completed without a proper permit, and confirmed the
safety of the traveling public is compromised when this occurs. She reviewed the details of cost
recovery for the Department of Public Works and confirmed the current fees do not provide full cost
recovery of staff time for inspections, therefore, the Department is requesting a slight increase for
commercial developments and large subdivisions. Ms. Carter reviewed the dates of the previously held
work sessions and the first reading of the Ordinance, and confirmed the changes are requested to be
moved from Chapter 8, Public Works, to Chapter 12, Licenses and Permits, so that it is easily
accessible to the public. She further confirmed the changes will also establish penalties for violations
and will update the current fee schedules. No public testimony was provided concerning the matter.
Commissioner Kirkmeyer moved to approve the second reading of Ordinance #2010-7. Seconded by
Commissioner Long, the motion carried unanimously
SECOND READING OF CODE ORDINANCE #2010-7, IN THE MATTER OF REPEALING AND
RE-ENACTING, WITH AMENDMENTS, CHAPTER 15 VEGETATION, OF THE WELD COUNTY
CODE: Commissioner Kirkmeyer moved to read Ordinance #2010-7 by title only. Seconded by
Commissioner Conway, the motion carried unanimously and Mr. Barker read said title for the record.
Minutes, June 7, 2010 2010-1186
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Mr. Barker stated this Ordinance introduces new language to Chapter 15, regarding prescribed or
intentional burns, and he confirmed the Board has the authority to designate specific areas within the
County where burning is allowed. He clarified to remove a specific area from this category, the Board
must pass a Resolution. No public testimony was provided regarding this matter. Commissioner Long
moved to approve the second reading of Ordinance #2010-5. Seconded by Commissioner Garcia, the
motion carried unanimously.
PLANNING OLD BUSINESS:
CONSIDER REQUEST FOR EXTENSION OF SUBMITTAL OF SITE SPECIFIC DEVELOPMENT
PLAN AND PLANNED UNIT DEVELOPMENT FINAL PLAT, PZ #1082 - KITELEY FARMS, LLLP, CIO
LONGS PEAK INVESTORS, LLC: Kim Ogle, Department of Planning Services, stated staff received a
letter from Jerrie Eckelberger of Longs Peak Investors, LLC, who requested an extension of the time to
file the Final Plan for Change of Zone, PZ #1082. Mr. Ogle clarified the subdivision was approved by
the Board in 2006, and according to the Weld County Code, the Final Plan must be filed within three
years of the approval date. He indicated Mr. Eckelberger has requested a two-year extension, and staff
supports the request.
Mr. Eckelberger explained, due to the recent economic downturn, he is requesting additional time to
record the Final Plan. He indicated when the Change of Zone was approved in 2006, it was his
expectation to continue forward immediately; however, many construction projects have been put on
hold within the past several years. He confirmed he has invested a lot of time and money into this
project, and he is ready to move forward with the Final Plan as soon as he is able to find buyers for the
properties. He indicated he hopes that he will be able to move forward within the next year.
Commissioner Conway moved to approve said request for extension. Seconded by Commissioner
Long, the motion carried unanimously.
PLANNING:
CONSIDER PARTIAL CANCELLATION AND RELEASE OF COLLATERAL AND ACCEPTANCE OF
REPLACEMENT COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT #1614 - SEMCRUDE,
L.P.: Mr. Ogle stated staff received a request for the release of collateral associated with USR-1614.
He indicated a site inspection was completed in March, 2010, at which time it was determined that all
non-transportation improvements were completed; however, the transportation improvements were not
completed. He clarified staff has since inspected the property a second time, and it has been
determined that all of the improvements have been adequately completed. Rich Hastings, Department
of Public Works, stated the site is located near the intersection of County Roads 30 and 49, and the
collateral was recently released for the improvements completed at that intersection. He confirmed
several previously outstanding improvements have been rectified, and the Department concurs with the
request for release of collateral. Commissioner Conway moved to approve said partial cancellation and
release of collateral and the acceptance of said replacement collateral. Seconded by Commissioner
Garcia, the motion carried unanimously.
FIRST READING OF CODE ORDINANCE #2010-4, IN THE MATTER OF REPEALING AND RE-
ENACTING, WITH AMENDMENTS, CHAPTER 22 COMPREHENSIVE PLAN, OF THE WELD
COUNTY CODE: Chris Gathman, Department of Planning Services, stated these Code changes were
recommended for approval by the Planning Commission. He confirmed a joint hearing was held in
conjunction with the City of Greeley Planning Commission, and there will be one change in the text of
Section 22-2-23.A, to specifically reference the North Greeley Railroad Subarea Plan, and the plan will
be added as Appendix 22-A. He confirmed staff will give a formal presentation during the second
reading. In response to Commissioner Kirkmeyer, Mr. Barker confirmed this Ordinance amends the
Comprehensive Plan, as well as the Weld County Code. No public testimony was provided concerning
this matter. Commissioner Garcia moved to approve the first reading of Ordinance #2010-4.
Seconded by Commissioner Conway, the motion carried unanimously.
Minutes, June 7, 2010 2010-1186
Page 6 BC0016
HEALTH BUSINESS:
CONSIDER SUSPENSION OF COLORADO RETAIL FOOD ESTABLISHMENT LICENSE - LOS
GALLITOS TAQUERIA: Dan Joseph, Department of Public Health and Environment, stated Silvia
Cerrillo, Department of Public Health and Environment, will provide translation for the establishment
owners. He indicated, at the meeting held on May 24, 2010, the Board voted to suspend the license for
a period of two weeks, and instructed the owners to have facility staff complete training classes and
hire an outside contractor to help resolve many of the outstanding violations. He confirmed Department
staff held a brief meeting with the owners immediately following the BOCC meeting, at which time the
expectations of the Department and information regarding potential consultants was discussed. He
clarified staff did not receive any contact from the facility until Thursday, May 27, 2010, and at the
request of the facility, information regarding potential consultants was provided to the owners on Friday,
May 28, 2010. He further clarified he notified the owners that one of the consultants, Porfirio Guillen,
already had a training class scheduled for Sunday, May 30, and it may be possible for Mr. Guillen to
also provide another training class within the same week. Mr. Joseph stated staff contacted the facility
again on Tuesday, June 1, 2010, at which time it was indicated facility staff had not yet attended a
training class; however, contact had been made with Jeannine Reiss, and Ms. Reiss agreed to visit the
facility. He clarified Ms. Reiss made a visit to the facility yesterday, June 6, and the summary of her
visit has been provided for the record. He further clarified the facility has not yet entered into a formal
contract with Ms. Reiss, therefore, she is not technical representation for the owners at this time. He
indicated the Department recommends the suspension remain in effect for a period of two additional
weeks, and the Department has provided a list of dates by which the facility needs to have met specific
requirements. He clarified the facility shall submit the proposed management structure to Department
staff by June 9, the standard operating procedures for the restaurant, including an employee health
policy, by June 14, a "New Employee Training Program" by June 18, and documentation that all on-site
training has been completed, by June 21. He stated Department staff will work with Ms. Reiss
regarding the written standard operating procedures once they have been implemented at the facility.
In response to Commissioner Conway, Mr. Joseph confirmed the Department did receive an inquiry
about the facility being open for business during the suspension. He clarified he contacted the
establishment next door, which indicated the facility was not open, and he conducted a physical
inspection of the property, and the business was not open or operating, therefore, he believes the
facility honored the suspension by not operating. Commissioner Kirkmeyer clarified she is the person
who submitted the inquiry because she noticed the "open" sign was displayed at the facility and she
witnessed people going back and forth from the facility. Responding to Commissioner Kirkmeyer,
Mr. Joseph indicated he is not sure if the facility was undergoing any remodeling work during the
suspension, and he confirmed he was never able to view the operation in business during the
suspension period.
Maria Oaxaca de Flores, facility owner, through translation provided by Ms. Cerrillo, indicated she
understands the recommendation of the Department is to remain closed for an additional two weeks;
however, she feels that another two weeks is too long to remain closed because she needs to be able
to generate the funds necessary to pay for training classes. She indicated she brought an invoice of all
of the funds she has put forth to date, which totals over $460.00. Chair Rademacher clarified it is the
owner's responsibility to get the correct team of people in place to help bring the facility into
compliance, which should have already been taken care of by this point. He confirmed the facility is not
ready to be open for business until the team has conducted the proper training classes and has
resolved the critical violations at the facility. Ms. Oaxaca clarified she spent many days trying to get in
touch with Mr. Guillen, and she was unsuccessful, therefore, at the recommendation of Deb Adamson,
Department of Public Health and Environment, she contacted Ms. Reiss, and she was finally able to
make contact with Ms. Reiss, who agreed to come inspect the facility. Responding to Commissioner
Kirkmeyer, Mr. Joseph confirmed the contact information for both Mr. Guillen and Ms. Reiss were given
Minutes, June 7, 2010 2010-1186
Page 7 BC0016
to the facility owners, as well as other contact information for other restaurant associations who provide
training programs. In response to Chair Rademacher, Mr. Joseph confirmed there is a charge for these
services, which must be paid by the facility. Responding to Commissioner Kirkmeyer, Mr. Joseph
confirmed the Department is recommending the matter be continued until June 21, 2010, with a
continued suspension at the facility, with the intent that all of the proper documentation be submitted
before the next meeting date.
Commissioner Kirkmeyer reiterated the timeline provided by Department staff for the record, and in
response, Mr. Joseph indicated it is possible for the facility to have everything completed before the
next meeting on June 21, 2010. He confirmed if the requirements are not met before June 21, the
Department will recommend revocation of the permit at that time. Further responding to Commissioner
Kirkmeyer, Mr. Joseph clarified the on-site training needs to be completed before the next meeting
date; however, the consultant will need adequate time to conduct this training and to create standard
operating procedures.
Ms. Adamson confirmed Ms. Reiss did conduct a four-hour on-site training with the facility owners and
staff yesterday morning, and she clarified Ms. Reiss operates a private company, Public Health and
Food Safety Services, LLC, which is not associated with Colorado State University (CSU). She further
clarified Ms. Reiss works at CSU; however, she is acting as a consultant to this facility through her
private business. Ms. Adamson indicated Ms. Reiss completed her initial assessment during the
inspection, and the Department has been communicating with Ms. Reiss to inform her of the
expectations to be met for the facility to have the suspension of the license lifted. She indicated the
structured deadline was a joint effort with Ms. Reiss, as Ms. Reiss knew she would need some
extended time to get the operating procedures written. Responding to Chair Rademacher,
Ms. Adamson confirmed all the requirements could be met within two weeks; however, it is a tight
timeframe. She indicated Ms. Reiss needs to be able to view the staff preparing food at the facility and
view how the kitchen operates so that she is able to provide hands-on training. Mr. Joseph clarified the
Department needs to ensure the facility is being properly run before it may open for business.
Commissioner Garcia moved to continue the suspension of the facility license for an additional period
of two weeks, and to set the matter for another hearing on June 21, 2010, at 9:00 a.m., to review the
progress of the facility. The motion was seconded by Commissioner Kirkmeyer. Commissioner
Conway indicated he understands the concerns of the facility owner that the requirements to be met are
a financial burden, and he questioned whether it would be possible for the requirements to be
expedited, so that the facility does not have to serve another two-week suspension. In response,
Mr. Joseph confirmed he does not believe it will be possible for the facility to get all of the requirements
completed in less than two weeks. Commissioner Conway explained to Ms. Oaxaca de Flores that the
sooner she accomplishes all the of the requirements set forth, the sooner the business will be able to
re-open, and Ms. Oaxaca de Flores confirmed she understands and will try her hardest to have
everything ready on time. There being no further discussion, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Ordinances #2010-5 and #2010-7 were approved on second reading and
Ordinance #2010-4 was approved on first reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
Minutes, June 7, 2010 2010-1186
Page 8 BC0016
There being no further business, this meeting was adjourned at 9:15 a.m.
BOARD OF COUNTY COMMISSIONERS
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Minutes, June 7, 2010 2010-1186
Page 9 BC0016
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