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HomeMy WebLinkAbout20102131.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO SEPTEMBER 13, 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, September 13, 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, Esther E. Gesick Director of Finance and Administration, Monica Mika MINUTES: Commissioner Conway moved to approve the minutes of the Board of County Commissioners meeting of September 8, 2010, as printed. Commissioner Garcia seconded the motion, and it carried unanimously. READ ORDINANCE BY TAPE: Commissioner Kirkmeyer moved to read Code Ordinance #2010-9 by tape. Commissioner Conway seconded the motion, which carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Garcia moved to approve the Certification of Hearings conducted on September 8, 2010, as follows: 1) Show Cause Hearing for USR-1351 — James Wrenfrow. Commissioner Conway seconded the motion, which carried unanimously. AMENDMENTS TO AGENDA: There were no amendments to the agenda. PUBLIC INPUT: Doug Meyer, County resident, referenced various Greeley Tribune news articles regarding the Mountain Plover and attempts to shut down mountain gas, and another article placed by the U.S. Forest Service acknowledging that grazing will adequately manage the Pawnee National Grassland, versus controlled burns. He also read an article, dated September 10, 2010, from the U.S. Department of Agriculture, Forest Service, requesting comment on the Environmental Assessment for the watershed improvement projects on the Pawnee National Grassland. He stated it is apparent the intent is to fence some of the streams and leave only a small section open for watering cattle, and to require ranchers to pay the cost of constructing wells rather than using the historical natural water sources. Mr. Meyer referenced another article regarding Weld County's intent to delay emissions testing, and he encouraged the Board to consider the process used by Lincoln County which forced the State to do the actual scientific studies rather than a computer analysis. Lastly, he mentioned the Grover School District and the North Central Weld County Citizens Group, which is conducting a survey ID Minutes, September 13, 2010 2010-2131 a Page 1 BC0016 concerning the top issues regarding the grazing permit holders. He stated the individual permit holders have been requested to submit their priority concerns anonymously by September 27, 2010. Commissioner Conway stated he did follow up with several contacts in the Senate concerning Mr. Meyer's previous comments concerning the CLEAR Act and he believes it is very unlikely that it will move through the Senate before the end of the session. He stated the session should be completed within the next two weeks; however, there is the possibility of a lame duck session. CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. NEW BUSINESS: CONSIDER THIRTEEN (13) CHILD PROTECTION AGREEMENTS FOR SERVICES WITH VARIOUS PROVIDERS AND AUTHORIZE CHAIR TO SIGN: Judy Griego, Director, Department of Human Services, stated these agreements are part of the CORE services program plan for this fiscal year, beginning June 1, 2010. She reviewed the various providers and anticipated services and amounts, reflected in Exhibit A of the Resolution. Commissioner Kirkmeyer moved to approve said agreements and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER SIX (6) COLORADO WORKS PROGRAM AGREEMENTS FOR SERVICES AND LEASES WITH VARIOUS PROVIDERS AND AUTHORIZE CHAIR TO SIGN: Ms. Griego stated these six agreements continue the development of the Multidisciplinary Youth Assessment Team (MYAT), and she reviewed the six providers and their maximum contract amounts for the record. Ms. Griego stated the MYAT provides services for families in the community to hopefully intervene before individuals enter the Child Welfare or Youth Corrections systems. She stated the documents also specify lease terms, with LifeBridge Christian Church and St. Vrain Valley School District RE-1J being located in the Southwest Weld County Administrative Building, and the remaining providers are leasing space within the Greeley Human Services campus. In response to Commissioner Conway, Ms. Griego stated Youth and Family Connections is located near the Greeley Police Department and it provides referrals to the MYAT. Commissioner Kirkmeyer moved to approve said agreements and leases and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously. CONSIDER TEMPORARY CLOSURE OF CR 5 BETWEEN CRS 34.5 AND 36: Janet Carter, Department of Public Works, requested approval of the emergency closure of County Road 5, between County Roads 34.5 and 36. She stated the road was closed on September 8, 2010, and is anticipated to be reopened September 14, 2010, following repair of a large sink hole on the edge of the roadway. Ms. Carter stated water trucks will be used for dust control on the unpaved portions of the detour route, and staff is using standard signs and barricades for traffic control. In response to Chair Rademacher, Ms. Carter stated she is not sure what portion of the repairs will be assessed to the Irrigation Ditch Company, which is responsible for the damage; however, she will follow up on the matter and provide an e-mail response. Commissioner Garcia moved to approve said temporary closure. Seconded by Commissioner Conway, the motion carried unanimously. CONSIDER EXTENSION OF TEMPORARY CLOSURE OF CR 62 BETWEEN CR 43 AND NORTH 1ST AVENUE: Ms. Carter requested an extension of the temporary closure of County Road 62, between County Road 43 and North 1st Avenue for the JBS Swift main sewer line replacement. She explained the project has two tie in points to connect into the sewer line, which requires shutting down the Swift plant; therefore, the road may only be closed on weekends. In response to Commissioner Conway, Ms. Carter stated the extension time should be more than adequate to complete the project. Commissioner Conway moved to approve said extension of temporary closure. Seconded by Commissioner Garcia, the motion carried unanimously. Minutes, September 13, 2010 2010-2131 Page 2 BC0016 CONSIDER AGREEMENT FOR IMPROVEMENTS AT INTERSECTION OF CRS 34 AND 17 AND AUTHORIZE CHAIR TO SIGN: Mike Bedell, Department of Public Works, stated under this Agreement the Colorado Department of Transportation (CDOT) will provide funding assistance for improvements to the intersection of County Roads 34 and 17 to improve safety. He stated the grant application has been approved, with Weld County being responsible for ten percent of the funding and CDOT providing the remaining ninety percent. He explained there is a large dip and blind spot on the south end of the intersection which needs to be corrected to help eliminate accidents. In response to Chair Rademacher, Mr. Bedell stated the project will be designed in-house later this fall, and then the project will be put out to bid, with construction anticipated to commence next spring or early summer. He indicated the construction schedule may be slightly postponed until after the school year, if the intersection happens to be part of a school bus route. In response to Commissioner Kirkmeyer, Mr. Bedell indicated the County's contribution does include the in-house design portion of the project. Commissioner Garcia moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER AGREEMENT FOR REHABILITATION OF BRIDGE 6-25A AND AUTHORIZE CHAIR TO SIGN: Mr. Bedell stated this agreement is for funding assistance from CDOT for a rehabilitation project on Bridge 6-25A which has structural problems. He stated the County will be responsible for twenty percent of the funding and CDOT will provide the balance of eighty percent. He further stated the project will be designed in-house; however, staff is proposing to hire a consultant to help with the structural analysis and the reinforced concrete details prior to forwarding the plan to CDOT for review. He stated the project will be designed in 2010, a bid for the consultant will be submitted in the spring of 2011, and construction is anticipated to commence one year from now. In response to Chair Rademacher, Mr. Bedell stated the 300-foot bridge is located on County Road 6, spanning the South Platte River, near the Town of Wattenburg. He further stated most of the work will be to the support beams, which will be encased with reinforced concrete, and the road will only need to be closed for one to two weeks while the surface deck work is completed. Commissioner Garcia moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - COMPLETE ENERGY SERVICES CES ROCKIES DIVISION, C/O MERIT APPRAISAL AND TAX CONSULTING, L.P.: Chris Woodruff, Assessor, stated the personal property described in the petition was double assessed and he recommends approval of the abatement, in the amount of $1,550.98. Commissioner Kirkmeyer moved to approve said petition, as recommended by staff. Seconded by Commissioner Conway, the motion carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - GE CAPITAL CORPORATION: Mr. Woodruff stated in this instance the leasing company, Concrete Management Corporation, is paying SMM (Special Mobile Machinery) taxes on the equipment that the leasing company filed with the Assessor. He stated the Clerk and Recorder's Office provided documentation indicating the Specific Ownership Tax was paid and the personal property valuation is a duplication; therefore, he recommends approval of abatement in the amount of $20,854.56. Commissioner Long moved to approve said petition. Seconded by Commissioner Conway, the motion carried unanimously. CONSIDER SMALL TRACT OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN - CARRIZO OIL AND GAS, INC.: Bruce Barker, County Attorney, gave a brief description of the location, and stated Carrizo Oil and Gas, Inc., has made a lease offer of $360.00, which exceeds the $200.00 minimum, and he recommends approval. Commissioner Conway moved to approve said small tract lease and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously. Minutes, September 13, 2010 2010-2131 Page 3 BC0016 CONSIDER AMENDMENT#2 TO COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT FOR INTRADO/TIBURON ZOLL (EMERGENCY SERVICES SOFTWARE) PROJECT AND AUTHORIZE CHAIR TO SIGN: Monica Mika, Director, Finance and Administration, stated this amendment provides for a continuation of the agreement to allow additional time to determine the final placement for the Tiburon system. She stated this matter will be brought back for consideration at the end of the year, at which time she will advise the Board of any changes. Commissioner Garcia moved to approve said amendment and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER DECLARING CERTAIN EQUIPMENT AS SURPLUS PROPERTY AND APPROVE SALE OF SAME AT AUCTION WITH ROLLER AND ASSOCIATES: Barb Connolly, Controller, stated staff has been presented with one additional piece of equipment which is ready to go to auction on September 15, 2010, and the rest of the items were presented as surplus at a previous meeting. Commissioner Kirkmeyer moved to declare said equipment as surplus property and approve the sale of same. Seconded by Commissioner Conway, the motion carried unanimously. CONSIDER DISTRIBUTION OF BANKHEAD-JONES FUNDS FOR 2010: Ms. Connolly stated this Resolution authorizes the fifty percent distribution of Bankhead-Jones Funds to the Department of Public Works Fund and the five affected School Districts in the Pawnee National Grassland. She noted one percent has been deducted to cover the cost of CCI lobbying fees, and the rest will be split among the school districts based on their acreage. Commissioner Kirkmeyer moved to approve said distribution. Seconded by Commissioner Conway, the motion carried unanimously. CONSIDER DISTRIBUTION OF PAYMENT IN LIEU OF TAXES (PILT) FOR 2010: Ms. Connolly stated this Resolution authorizes the distribution of Payment in Lieu of Taxes (PILT) funds as described in the previous item of business. Commissioner Long moved to approve said distribution. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. FIRST READING OF CODE ORDINANCE #2010-9, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE, OF THE WELD COUNTY CODE: Trevor Jiricek, Director, Department of Planning Services, stated staff recommends approval of this Ordinance to amend Appendix 5-J of the Weld County Code to add five new fees and additional language, inserted as items #8 through #12 and #27. He stated the additional language will let staff capture fees for applications that require more time than the standard fee allows. He further stated the Code changes which require the fees have already been adopted and the fees were reviewed in a work session on August 30, 2010. In response to Commissioner Garcia, Mr. Barker concurred that the first sentence in #27 should be modified to read, "...the Department of Planning Services may request an applicant submit a fee in excess of the identified fee." Commissioner Long indicated some of the remaining language is still slightly confusing. In response to Commissioner Kirkmeyer, Mr. Barker and Mr. Jiricek indicated that the language was copied from the regulations for Solid Waste Facilities and 1041 permits; however, slight modifications were made. In response to Commissioner Long, Mr. Barker suggested modifying the second sentence to read, "The fee shall be escrowed and amounts charged against it by the County based on the standard hourly rate for each department administering or reviewing the permit." No public testimony was offered concerning this matter. Commissioner Long moved to approve Ordinance #2010-9 on first reading with the proposed amendments. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. PLANNING: CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (ON-SITE ONLY), AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT #1630 - REJOICE LUTHERAN CHURCH: Michelle Martin, Department of Planning Services, stated staff received an Improvements Agreement Minutes, September 13, 2010 2010-2131 Page 4 BC0016 and Letter of Credit for Use by Special Review (USR) Permit#1630, which was approved February 27, 2008. She gave a brief description of the location of the site, and stated staff from the Departments of Planning Services and Public Works and the County Attorney's Office have reviewed the collateral and determined the amount of$53,123.00 is sufficient to complete the required on-site improvements. Rich Hastings, Department of Public Works, stated he has reviewed the transportation, drainage, and parking items and he supports approval of the agreement and acceptance of the collateral. Commissioner Kirkmeyer moved to approve said agreement, authorize the Chair to sign, and accept said collateral. Seconded by Commissioner Conway, the motion carried unanimously. CONSIDER REQUEST CONCERNING EXTENSION OF TIME TO COMMENCE ACTIVITY FOR USE BY SPECIAL REVIEW PERMIT #1343 - READY MIXED CONCRETE COMPANY: Ms. Martin stated staff received a letter, dated August 24, 2010, from Michael Hart representing Ready Mixed Concrete Company, requesting an additional extension of the time to commence with an amendment application concerning activity for USR #1343. She stated the letter outlines the history of the site and staff recommends approval of the six-month extension, with the stipulation that an application be submitted on, or before, April 5, 2011. In response to Chair Rademacher, Ms. Martin stated the site is located within Section 28, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado. Responding to Commissioner Kirkmeyer, Mr. Hastings stated the site is known as the Nix Pit, and although he is not personally familiar with the timing of specific meetings, he will check with the review staff that did attend and provide a summary response. Commissioner Kirkmeyer commented the Board recently received criticism for not working fairly with the gravel industry, and she wants to ensure the applicant does not wait too long and avoid further criticism. Michael Hart represented the applicant and stated they have had several meetings with County staff, and he explained part of the delay is that Ready Mix Concrete Company acquired the Nix Pit; however, they have been trying to gather additional documentation from the original permit application which was not made available during the property acquisition. Commissioner Conway moved to approve said request. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. HEALTH: CONSIDER SUSPENSION OR REVOCATION OF COLORADO RETAIL FOOD ESTABLISHMENT LICENSE - LOS GALLITOS TAQUERIA: Dan Joseph, Department of Public Health and Environment, stated despite instruction provided by staff, Los Gallitos Taqueria has failed to maintain compliance with state and county requirements and staff is recommending revocation of the Retail Food Establishment License. (Clerk's Note: Silvia Cerrillo, Department of Public Health and Environment, translated all of the comments being made for Maria Oaxaca de Flores and Christina Flores, owners.) In response to Chair Rademacher, Mr. Joseph stated the facility also received assistance from, and was inspected by, the Public Health Service Agency. He reviewed the PowerPoint presentation for the record, and stated the owners began operating the business in 2009, and they have had an average of 7.71 violations per inspection. He provided a brief chronology of the activity regarding the subject premises, and stated since the case was dismissed on June 21, 2010, the facility has received adequate on-site training and yet there were still critical violations at the last two inspections. In response to Commissioner Conway, Mr. Joseph stated there have been no reported illnesses associated with the facility. Armando C de Baca represented the business owners and stated he has a free lance consulting firm in Denver, Colorado, and he is attempting to assist the facility owners in this matter. He stated the business primarily serves fast food to lunch time customers; Los Gallitos has no objection to the facts presented by staff; and he commended the staff for being courteous, understanding, quality teachers. Mr. C de Baca explained the business ownership was transferred between two brothers during the past six months, and they now have a bilingual manager so there is no longer a communication barrier. He stated the owners have also indicated the manager intends to do more hands on training and operations. He requested the Board extend its decision for a period of three months, during which time Los Gallitos would be allowed to continue utilizing the private consulting company from Fort Collins, Minutes, September 13, 2010 2010-2131 Page 5 BC0016 Colorado, to conduct weekly unannounced inspections. If infractions continue, the license would cease without the need for further determination by the Board hearing; however, if the facility passes inspection, they would request an additional extension of the review period. Mr. C de Baca indicated the additional advantages include: 1) public safety would be ensured through frequent inspections which would be conducted at the expense of the business owner, and 2) the County would protect the interest of job holders and continued tax revenues. He noted all tax payments are current, and he thanked the Board and staff for the courtesies which have been extended, and he believes the proposed action would still be within the requirements of the state regulations. In response to Chair Rademacher, Mr. Joseph stated most of the violations are related to personnel issues such as improper hand washing and food storage, versus mechanical issues. He further stated the same two staff members were present during the three private inspections and the two Health Department inspections, and although he believes they speak and understand English, the staff has also attended the training in Spanish. Responding further to Chair Rademacher, Mr. Joseph stated he feels the facility has already received ample opportunity to come into compliance; however, he is willing to continue working with them if that is the decision of the Board. Zahira Arguello, Manager, stated she has been managing the facility for the past two months, and the inspection results have improved. Commissioner Kirkmeyer reviewed the various inspection dates and noted Ms. Arguello was on staff during at least two of the recent inspections. In response to Commissioner Conway, Mr. Joseph confirmed the number of violations has decreased during the last two inspections, and he also confirmed the private inspection company will do unannounced inspections and report its findings to the Health Department. Mr. Joseph stated he has confidence in the private inspection firm and his staff to make the appropriate decision. Responding to Commissioner Garcia, Mr. C de Baca stated the current management is very hands on with the operations, Ms. Arguello has had adequate time to learn the business and continues to make improvements, the inspectors are invited to make unannounced visits, the proposal eliminates the need for any further Board action, and allowing the facility to continue operating will maintain jobs and generate tax revenue. Responding to Commissioner Kirkmeyer, Ms. Arguello stated it has been difficult to make immediate improvements; however, she has been working many hours since she began managing the facility at the beginning of July, and her prior experience consisted of working in restaurants but not managing. Commissioner Kirkmeyer commented the Health Department and the private inspection company have each provided a significant amount of assistance; however, each of the hearings reflected continued evidence of critical violations. She stated she appreciates that there is a new manager who is doing her best; however, she would prefer allowing a one-month continuance. Commissioner Kirkmeyer stated she has taken the training course, she understands the training is very important, and she feels that just because there has been no reported illnesses does not necessarily mean people haven't been ill. Ms. Arguello stated the business has been improving and she has strived to immediately correct any errors indicated by the inspectors. Deb Adamson, Department of Public Health and Environment, clarified four employees have attended the Weld Star training course provided in Spanish, and she requested that any revocation decision be made at the discretion of the Department of Public Health and Environment, in conjunction with recommendations made by the Public Health Service Agency. Chair Rademacher agreed with Commissioner Kirkmeyer and stated the violations have been going on for two years and the facility has not passed one inspection. Commissioner Conway stated there is evidence of improvement since the new management took over in July, 2010, and it is his understanding the license will be revoked if the facility fails an inspection. He stated he is willing to allow one more opportunity for the new manager to bring the facility into compliance; however, he is not willing to grant any additional extensions. Ms. Arguello stated she was not advised of the recent violations until she received notice of this hearing, and she also indicated some of the problems are a result of staff transitions; however she and her husband at the only employees at this time. Mr. Joseph requested clarification of what is required in making a revocation determination. Minutes, September 13, 2010 2010-2131 Page 6 BC0016 No public testimony was offered concerning this matter. Commissioner Garcia stated he appreciates the proposal offered Mr. C de Baca, and he is also in agreement with Commissioner Kirkmeyer's proposal for only allowing a one-month continuance. He acknowledged the efforts of the new management; however, he is still concerned for the public safety. In response to Mr. Joseph's earlier question, Commissioner Garcia clarified one critical violation would constitute a failed inspection and result in revocation of the permit. Commissioner Kirkmeyer agreed and suggested the private inspection company conduct four unannounced inspections, as well as inspections conducted by the County Department of Public Health and Environment at least every other week during the next month. She clarified, if at any time a critical violation is cited, staff will issue a cease and desist order until the matter can be brought before the Board to revoke the license. Commissioner Long stated there have been numerous inspections and hearings during the past two years and the proposed corrective measures should have been taken much sooner. He stated the violations can result in serious illness and the loss of life and he does not support the proposal. Commissioner Conway stated he takes the health threat very seriously, and he agrees that the problems should have been corrected sooner; however, it appears the facility is making improvements, and he feels there are adequate enforcement measures in place to close the facility in the event an inspection cites a critical violation. He stated jobs are scarce; there will be a procedure to close the facility if it does not pass inspection; and he recognizes the sincerity and hard work of the current manager and he wants to reward her efforts. Chair Rademacher stated he agrees with Commissioner Long and he feels the owners should have corrected the situation long ago. Commissioner Kirkmeyer moved to continue the matter for one month until October 11, 2010, at 9:00 a.m., during which time the Public Health Service Agency shall conduct weekly unannounced inspections and the Department of Public Health and Environment stall inspect the facility every other week, during which time any critical violation will result in a Cease and Desist Order until the matter is brought back before the Board for revocation. Mr. Barker clarified the proper action would be to suspend the license if a critical violation is cited by Health staff or reported by the consulting inspectors. In response to Chair Rademacher, Ms. Adamson clarified although the Public Health Service Agency works for CSU, it is an independent business licensed in the State of Colorado. Commissioner Conway seconded the motion. Commissioner Kirkmeyer stated she is very close to voting in favor of closing the establishment, and she will do so in the event of a critical violation; however, there has been some improvement and the new manager is making an effort. Commissioner Conway thanked the representative, manager, and owners for their recent efforts and hopes to hear a positive report at the next meeting. There being no further discussion, the motion carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. Ordinance#2010-9 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, September 13, 2010 2010-2131 Page 7 BC0016 There being no further business, this meeting was adjourned at 10:25 a.m. BOARD OF COUNTY COMMISSIONERS --5,0'--7r-/V _- -1 '�y WELD COUNTY, COLORADO ATTEST: y (so? EL ,\Weld County Clerk to the Board � %ei��. .ara Kirkmeyer, Pr Tem BY: FA De y Cler o the Boarc' ( . ��� SeanC nw �,1�� William F Garcia , O )David E. Long Minutes, September 13, 2010 2010-2131 Page 8 BC0016 Hello