HomeMy WebLinkAbout20101117 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 24, 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, May 24, 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 - EXCUSED
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther Gesick
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of May 19, 2010, as printed. Commissioner Kirkmeyer seconded the motion,
and it carried unanimously.
READ ORDINANCE BY TAPE: Commissioner Kirkmeyer moved to read Code Ordinance #2010-7 by
tape. Commissioner Conway seconded the motion, which carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Kirkmeyer moved to approve the Certification of
Hearings conducted on May 19, 2010, as follows: 1) USR #1725 — Brian and Susan Williams, and 2)
USR #1723 — Cedar Creek II, LLC, c/o BP Wind Energy North America, Inc. Commissioner Garcia
seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: Chair Rademacher requested that New Business items one through
three be continued to June 7, 2010, to allow adequate notice for the Assessor's Office. Commissioner
Conway moved to continue the three items to June 7, 2010. Seconded by Commissioner Garcia, the
motion carried unanimously.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Garcia moved to approve the Consent Agenda as printed.
Commissioner Conway seconded the motion, and it carried unanimously.
A°
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PRESENTATIONS:
GREELEY INDEPENDENCE STAMPEDE PROCLAMATION FOR 2010: Rusty Mellon, Greeley
Independence Stampede Committee Chair, read a proclamation into the record, recognizing Weld
County for its support of the various scheduled events. Chair Rademacher thanked the Committee for
the proclamation, and Commissioner Conway thanked the Committee for all of their hard work, which
benefits both the City of Greeley and Weld County.
NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - KITAYAMA BROS.
GREENHOUSES, DBA GREENLEAF WHOLESALE FLORISTS: See Amendments to Agenda.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - TAGAWA
GREENHOUSES, INC.: See Amendments to Agenda.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - JSPERGM, INC.: See
Amendments to Agenda.
CONSIDER AGREEMENT CONCERNING MEDICAL AND WIC PROGRAM SERVICES AND
AUTHORIZE CHAIR TO SIGN - SUNRISE COMMUNITY HEALTH: Dr. Mark Wallace, M.D., Director,
Department of Public Health and Environment, stated for more than 25 years Weld County has been
involved with providing prenatal medical services to eligible indigent women through the Women, Infant
and Children (WIC) program, and through the years the Department has become more proficient in the
services provided by partnering with Sunrise Community Health. He further stated the Department will
also provide the facilities for use by Sunrise staff, which acts as the County's in-kind match for the
funding. Dr. Wallace stated, until ten years ago, the Department provided all of the necessary staff;
however, by utilizing Sunrise staff the County now only employs one FTE staff member. He stated the
term of this agreement is from April 1, 2010, through December 31, 2010, with an automatic annual
renewal, and the County will pay Sunrise an amount not to exceed $100,000.00. He stated he will also
be presenting a separate lease agreement to deal with the space arrangement. Mr. Barker explained
the term will be similar to the old space arrangement between the Department of Human Services and
the Greeley/Weld County Housing Authority. In response to Commissioner Conway, Dr. Wallace stated
he will provide a program status report to the Board for review prior to the deadline for automatic
renewal. Commissioner Garcia moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER AMENDMENT #2 TO TASK ORDER CONTRACT FOR STATE TOBACCO EDUCATION
AND PREVENTION PARTNERSHIP GRANT AND AUTHORIZE CHAIR TO SIGN: Dr. Wallace
indicated the State is currently providing transition funding to allow locally operated tobacco programs
to solicit and partner with not-for-profit agencies. He stated the Department is currently under a grant to
carry out the Tobacco Education and Prevention Partnership Program, and this transition funding will
be utilized while applying for a new application. He further stated the budget has been significantly
reduced as a result of Amendment 35; however, he would like to maintain the 0.7 FTE, while staying
closely connected to what will be presented by the State in the new program. Dr. Wallace indicated the
amendment is for transition funding, in the amount of $19,705.00, for a term of July 1, 2010, through
October 31, 2010. He explained the Department must continue with the current grant while working to
submit future applications. Commissioner Conway moved to approve said amendment and authorize
the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER AMENDMENT #2 TO TASK ORDER CONTRACT FOR NURSE HOME VISITOR
PROGRAM AND AUTHORIZE CHAIR TO SIGN: Dr. Wallace stated funding for the Nurse Home
Visitor Program is provided by Colorado State Tobacco Settlement Funds and Medicaid payments for
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targeted case management services for women and children. He stated the term of the agreement is
from July 1, 2010, through June 30, 2011, in the amount of$708,718.00, with $630,921.00 coming from
the Program, and the remaining $77,797.00 from Medicaid reimbursements. Commissioner Conway
stated he did have the opportunity to visit homes with some of the nurses, this is an important program,
and Weld County is used as a model. Commissioner Conway moved to approve said amendment and
authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER AMENDMENT #1 TO TASK ORDER CONTRACT FOR TUBERCULOSIS PROGRAM
AND AUTHORIZE CHAIR TO SIGN: Dr. Wallace stated this is the annual renewal for the Tuberculosis
(TB) Program with the Colorado Department of Public Health and Environment. He explained funding
from the State is on a four to five year rolling average, which has been a benefit to Weld County which
experienced a significant increase in cases approximately four years ago; however, that early year of
increased cases has now rolled off and the result has been a decrease in the average and expected
reimbursement rate. He stated the current funding, in the amount of $55,500.00, will be in effect until
June 30, 2011, and although the Department will be appealing the decrease, in the interim they have
reassigned staff which will hopefully be brought back if an amendment is granted. Commissioner
Conway moved to approve said amendment and authorize the Chair to sign. The motion was
seconded by Commissioner Garcia. In response to Commissioner Conway, Dr. Wallace stated he
intends to finish the recalculation later this week once the latent TB cases are reviewed. There being
no further discussion, the motion carried unanimously.
CONSIDER AMENDMENT #3 TO TASK ORDER CONTRACT FOR COLORADO FAMILY PLANNING
INITIATIVE AND AUTHORIZE CHAIR TO SIGN: Dr. Wallace stated this is the companion contract to
the Title X agreement which was initiated a few years ago to increase access to long-term reversible
contraception for family planning. He stated this is the third year of the program, which is funded by an
anonymous donor through the State to assist with supplementing the cost for more expensive products.
He stated this has been a very popular program, and the Department of Public Health and Environment
will receive funding in an amount not to exceed $209,705.00. Commissioner Kirkmeyer moved to
approve said amendment and authorize the Chair to sign. Seconded by Commissioner Conway, the
motion carried unanimously.
CONSIDER TASK ORDER CONTRACT FOR FAMILY PLANNING PROGRAM AND AUTHORIZE
CHAIR TO SIGN: Dr. Wallace stated this is the Title X program which originates from the federal
government, in collaboration from the state. He stated the program seeks to provide comprehensive
family planning services, including education and counseling regarding family planning, nutrition, and
sexually transmitted disease. For these services, the Department will receive an amount not to exceed
$187,202.00, with $129,660.00 in federal funding and $57,542.00 from the state. Chair Garcia thanked
Dr. Wallace for reviewing this with the Board in a recent work session and answering his questions
concerning the inclusion of the Plan B method and the potential risks with eliminating Plan B as an
option. Dr. Wallace stated the grant application requires counseling of women concerning all of their
legal contraception and emergency contraception options. He confirmed that because Weld County
does not participate in any abortion-based services, the Department does provide a pamphlet which
lists resources if they wish further counseling in those areas. He stated staff has attempted to remain
compliant with the contract terms, while remaining sensitive to concerns with abortion. Responding
further to Commissioner Garcia, Dr. Wallace stated he has inquired about offering referrals to other
sources of Plan B; however, part of the contract is that the Department must directly dispense the
materials and supplies. He explained many of the clients do not have any form of insurance coverage,
and referring them to another source would require payment by the County, as well as create a barrier
to services. Commissioner Garcia stated although he appreciates the comments provided by
Dr. Wallace, he moved to strike the utilization of Plan B from the Task Order Contract. The motion was
seconded by Commissioner Conway. In response to Commissioner Kirkmeyer, Dr. Wallace stated
striking the utilization of Plan B may put all of the federal funding for the remainder of services provided
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in jeopardy because the contract requires the provision of emergency contraception. He further stated
the funding from this grant, in the amount of $187,202.00, would be at risk, as well as the $209,000.00
from the Family Planning Initiative which requires Title X eligibility. Responding to Chair Rademacher,
Dr. Wallace stated there are other forms of emergency contraception; however, Plan B is a convenient
form of packaging for birth control pills at a different dosing level. As a result, many Departments have
used birth control pills as a way of satisfying the emergency contraception requirement. Commissioner
Kirkmeyer stated she understands Commissioner Garcia's concerns; however, Plan B is basically a
high-dose birth control pill and she does not understand why there is concern with it and not the
standard forms. She further stated public health and family planning is an important issue in Weld
County and she feels there are a lot of women that have and will benefit from this type of counseling.
Commissioner Garcia stated federal statutes state there shall be no funding for abortions, and he
believes that a fertilized egg can be aborted before it is implanted, thus Plan B is contrary to federal
guidelines banning funding for abortions. Commissioner Kirkmeyer clarified there is a Colorado
Constitutional amendment that does not allow state funding for abortions. In response to
Commissioner Conway, Commissioner Garcia confirmed he does not believe utilization of Plan B
meets the requirements of the law for not financially supporting abortion, since it destroys a fertilized
egg. Upon a call for the vote, the motion carried three to one, with Commissioner Kirkmeyer opposed.
Commissioner Garcia moved to approve the Task Order Contract for the Family Planning Program, as
amended. Commissioner Conway seconded the motion. In response to Chair Rademacher,
Dr. Wallace stated further review of this matter would be prudent in a work session to discuss whether
practitioners will be prohibited from operating in a certain mode. He stated the providers' obligation is
to the client and to meet her needs, and this amendment essentially restricts their medical practice of
using a drug approved by the Federal Drug Administration and Title X programming. Commissioner
Kirkmeyer stated she does not support abortion; however, she agrees the Board does need to discuss
the issue of abortion and the definition of how birth control fits into the idea. In response to
Commissioner Garcia, Dr. Wallace stated it would be beneficial for the Board to proceed with approval
of the task order contract to demonstrate the County's interest in pursuing this program. Responding to
Chair Rademacher, Dr. Wallace stated the deadline for submittal is June 30, 2010. There being no
further discussion, the motion carried unanimously.
CONSIDER AMENDMENT #1 TO TASK ORDER CONTRACT FOR AIR QUALITY PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Dr. Wallace stated under this Task Order the Weld County Department
of Public Health and Environment operates an air quality monitoring network, conducts inspections,
provides enforcement guidance concerning stationary sources, issues or denies open burning permits,
and responds to complaints. For these services the Department will receive an amount not to exceed
$90,742.32. He further stated the County has been participating in monitoring air quality for a
significant amount of time and he believes it continues to be in Weld County's best interest to have staff
continue with the monitoring. Commissioner Conway stated staff does a great job, and he believes it is
important to keep this program going in Weld County. Commissioner Conway moved to approve said
amendment and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 20.5 BETWEEN CRS 1 AND 7: Janet Carter,
Department of Public Works, requested approval of the temporary closure of County Road 20.5,
between County Roads 1 and 7, commencing June 7, 2010, through June 23, 2010, for a bridge deck
replacement. She stated the average daily traffic count on County Road 20.5, taken in 2007, was
approximately 1,985 vehicles, and she noted the entire detour route will be paved. Commissioner
Garcia moved to approve said temporary closure. Seconded by Commissioner Kirkmeyer, the motion
carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 72 BETWEEN CRS 31 AND 33: Ms. Carter requested
approval of the temporary closure of County Road 72, between County Roads 31 and 33, commencing
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June 7, 2010, through June 10, 2010, to replace a 15-inch CMP culvert. Ms. Carter stated the detour
route is paved, and staff will be utilizing standard signs and barricades for traffic control. Commissioner
Garcia moved to approve said temporary closure. Seconded by Commissioner Conway, the motion
carried unanimously.
(Clerk's Note: On a separate matter, in response to Chair Rademacher, Ms. Carter stated she will
investigate the prolonged closure of County Road 17, between Highway 66 and County Road 28, and
provide a response via e-mail.)
CONSIDER APPLICATION FOR SPECIAL EVENTS PERMIT AND AUTHORIZE CHAIR TO SIGN -
ROCKY MOUNTAIN WILDLIFE CONSERVATION CENTER: Bruce Barker, County Attorney, stated
the applicant has indicated they anticipate less than 350 people in attendance; therefore, a Temporary
Assembly Permit was not required. He stated a Special Events Permit for the distribution of alcohol
does require non-profit status, and he did confirm with the State that the applicant does qualify since it
is a philanthropic institution. Shawna Finkenbinder represented the applicant and stated the Rocky
Mountain Wildlife Conservation Center is a sanctuary for large exotic carnivore predators and they are
celebrating 30 years of successfully rescuing animals. She stated they intend to host an event on a
neighboring 80-acre parcel where they will have live music, arts and craft vendors, and food
concessions. In response to Commissioner Garcia, Ms. Finkenbinder stated they have contracted to
provide hand washing stations to address the concern expressed by the Health Department.
Commissioner Kirkmeyer moved to approve said application and authorize the Chair to sign.
Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER APPLICATION FOR TEMPORARY ASSEMBLY PERMIT - WORSHIP AND THE WORD
MOVEMENT, C/O LUKE BODLEY: Luke Bodley, Executive Producer of Heaven Fest, stated Heaven
Fest is a massive Christian, family-friendly music event, and this year they are anticipating
approximately 30,000 will attend. He stated activities will include a petting zoo, vendors, and food, and
the heart of the music festival is to benefit the poor and raise awareness concerning the worldwide
issues of sex trafficking, orphan care, etcetera. Mr. Bodley thanked the staff from the Weld County
Department of Public Works and the Sheriff's Office, and he also introduced Theresa Rhoades, Director
of Operations for Heaven Fest, and Gina Rhoades, Operations Director for Worship and the Word
Movement. He explained Worship and the Word Movement is a 501(c)3 organization based in
Frederick, Colorado, and last year they outgrew the previous property and they chose to relocate the
event in Northern Colorado. He explained they started the application process with the City of
Longmont in November, 2009, and it ended up taking five months to complete, and his goal was to
have all of the details coordinated before proceeding before the Weld County Commissioners. In
response to Chair Rademacher, Mr. Bodley confirmed this will be a one-day event; however, this year
they are offering camping from Friday afternoon, until Sunday morning, to help accommodate those
who are traveling from out of state. He submitted an updated site plan, marked Exhibit A, for the Board
to review, and responding to Chair Rademacher, Mr. Bodley stated the event will be held at the end of
July, and the camping/parking areas will have a cover crop to secure the soil. He stated he is a
Colorado native and is aware that there will be a chance for inclement weather; however, he
coordinates events around the country and they are prepared to address that situation, if necessary.
He further stated they will provide security consisting of Longmont police officers, as well as their 200 to
300-member security team for the event and for the camping areas. Mr. Bodley explained it is in their
best interest to secure the site for the benefit of the people and their investment in equipment, as well
as the reputation of the event. He explained the first year they had approximately 12,000 in
attendance; last year they grew to 23,000, and this will be the third year with a zero criminal incident
report to date. Responding further to Chair Rademacher, Mr. Bodley confirmed there will be overnight
security beginning on July 26, 2010, as they commence with setup, through the end of the event.
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Commissioner Kirkmeyer commented that for the last two years the event was held across the field
from her home, and they did a good job with the setup, noise, music, etcetera; however, she did have
concerns with the traffic and damage to the area roads. She stated once the primary routes got busy,
the attendees took the routes of least resistance which resulted in almost 10,000 cars driving past her
house on a gravel road. In response to Commissioner Kirkmeyer, Mr. Bodley stated they have
coordinated with the Longmont Fire Protection District, and they plan to contact the Firestone/Frederick
Fire Protection District, as well as the Mountain View Fire Protection District. In response to
Mr. Bodley, Commissioner Kirkmeyer explained Longmont Fire only serves the municipal boundary of
Longmont, and then Mountain View Fire serves everywhere else in the area, excluding the properties
annexed to the Towns of Firestone and Frederick. Responding further to Commissioner Kirkmeyer,
Mr. Bodley stated Dan Emmons, Longmont Emergency Manager, will be using this event as a disaster
training opportunity, and they intend to establish a command post with 40-50 personnel dispersed
around the site. Commissioner Kirkmeyer indicated Weld County's Emergency Manager, Roy Rudisill,
needs to be involved with the incident plan, as well as representatives from the various Fire Protection
Districts previously mentioned, and the Weld County Sheriff's Office and Paramedic Service. In
response to Commissioner Kirkmeyer, Mr. Barker stated the bonding requirement is typically for picking
up the subject site, not neighboring sites, and if there are use agreements in place, then there is not a
concern with waiving the bonding requirement. Mr. Bodley confirmed the property use agreements
were submitted as part of the application.
Commissioner Kirkmeyer reiterated her concern with the potential impact to surrounding roads. Janet
Carter stated all of the event traffic will be restricted to County Roads 3.5 and 26, and there will be
traffic control for the closure at that intersection, which restricts access to County Road 26 going east
towards County Road 7, and restricts access from County Roads 3.5 and 5 traveling north. She stated
there is a small section of County Road 3.5 which is not dust treated, therefore, the plan is to impose a
reduced speed limit, with the option of water application, if necessary. In response to Commissioner
Kirkmeyer, Ms. Carter stated the road closures will be enforced with signs and physical barricades prior
to the event and then police officers will also be present on the actual day of the event. She stated
gravel roads are not designed to accommodate 10,000 vehicles; however, staff has asked the applicant
to provide a secondary access in the event of bad weather, in which case all of the parking from the
east parking lot would travel to the south parking lot and then exit the site on Fairview, which is a paved
road. She stated County Road 3.5 will be graded prior to, and following, the event in an effort to reduce
impacts to surrounding property owners, and there will be varying levels of traffic control in place on
each of the days. She further stated the applicant has agreed to provide a Traffic Control Plan in
compliance with the Manual on Uniform Traffic Control Devices (MUTCD), provided by a certified traffic
control company. Responding further to Commissioner Kirkmeyer, Ms. Carter confirmed last year the
event did not use MUTCD barricades or personnel, and this year there will be barricades allowing local
traffic only, prior to the event, and on the day of the event the intersections will be completely closed to
all traffic. Commissioner Kirkmeyer commented the exit path is still problematic and personnel will be
necessary on Sunday afternoon, as well. Ms. Carter stated the applicant is still in the process of
establishing law enforcement contracts with the Weld County Sheriff's Office; however, that may be an
issue that could be addressed in the pending contracts. She noted the applicant has contracts for six to
seven State Patrol troopers for the day of the event, and flaggers on Friday when people start to arrive.
Mr. Bodley stated the camping aspect is new this year and they have currently sold passes for 300
camp sites, with a maximum of 1,400 spaces. He stated the arrival and departure of each of those
vehicles will be spread out over a span of four to five hours on Friday and Sunday. He further stated
they have added the assistance of a professional Traffic Control Specialist, who has designed a plan
requiring 20 to 30 barricades and "No Parking" signs, which is at least fifty percent more than what was
provided in prior years. He further stated they fully intend to self police themselves to provide a quality
event and ensure they are invited back. Commissioner Kirkmeyer requested representatives from the
Division of Wildlife and State Parks be included in any future meetings since the neighboring St. Vrain
State Park is one of the busiest in the state and draws a lot of traffic as well. Ms. Carter state the
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applicant has contacted those individuals, and there will be a Law Enforcement/Communications
meeting in which all of those groups will discuss general law enforcement, traffic control, etcetera.
Roy Rudisill, Office of Emergency Management, stated he did contract the Longmont Emergency
Management Office, and learned that Dan Emmons is on vacation until next week; however, he intends
to work with Longmont to ensure a quality, NIMS compliant action plan. He stated he also contacted
the Frederick/Firestone and Mountain View Fire Protection Districts, which were aware of the event;
however, the Weld County Paramedic Service had not been notified, therefore, he is working to ensure
all of the surrounding agencies or jurisdictions that may be impacted are aware of what is happening so
that this will be a positive event and good learning opportunity. Chair Rademacher stated the Mountain
View Fire Protection District does have standing Mutual Aid Agreements for this entire area; therefore,
they would be the first responding unit and incident commander in the event of an emergency. In
response to Commissioner Conway, concerning the impact of delaying approval until more of the
details are coordinated, Mr. Bodley stated they do have an exemplary safety record, compared to
similar or smaller events which have significant amounts of medical incidents. He stated they contract
with Stadium Medical for first aid, there will be two to three ambulances on the site with four to six
paramedics, and there will be a First Aid tent with several doctors, RN's, and voluntees. He further
stated in an effort to prevent dehydration they provide free bottled water, in conjunction with a program
titled "Water for Orphans." He stated if approval is not gained for the Weld County sites, their alternate
plan would be to start acquiring sites in Longmont and then shuffling people to the event. He reiterated
this is a credible event, he would appreciate approval today, and he guaranteed that they will be
working with the necessary representatives leading up to the event.
Commissioner Kirkmeyer stated although the event site is in Longmont, all of the traffic routes are in
Weld County and the Board needs assurance that there will be an Incident Plan and Traffic Plan in
place with controlled intersections, with personnel at controlled intersections Friday through Sunday. In
response to Commissioner Kirkmeyer, Mr. Barker stated the permit may be approved with conditions,
with approval granted by the relevant Department staff. Ms. Carter explained the City of Longmont
granted approval conditional upon approval from Weld County by June 1, 2010. She stated although
there are some details to be addressed regarding emergency response and general traffic, the
applicant has been operating in good faith by hiring a traffic consulting company that will be providing a
plan.
Alan Caldwell, Sheriff's Office, stated at this time there are no service contracts between the Sheriff's
Office and the event manager, and at the meeting last week the applicant indicated all of the traffic
control would be done by State Patrol and Longmont Police for security. He stated the Sheriff's Office
is trying to assess what is going to happen in the unincorporated areas of District 2, and he intends to
contact Adams County to determine how they handled things last year. Deputy Caldwell indicated
there are a lot of unknown variables at this time, since the County has never handled an event of this
size at the subject location. He further stated they need to determine what resources will be necessary
if there is an incident in one of the neighboring developments. Mr. Bodley explained the first year they
had eleven deputies per shift; however, they learned from experience that although twice as many
people attended, they only required five officers per shift. He reiterated this is intended to be a
conservative, non-profit family event, they have never had to call officers in, and of the $70,000.00
raised, $50,000.00 was donated to charity. He further stated, from an economic standpoint, this is a
positive event which benefits the surrounding community with increased lodging and food sales, and he
is committed to addressing the County's requests.
Commissioner Kirkmeyer moved to approve said application, with the condition that by July 1, 2010, the
applicant shall submit a Traffic Control Plan, which is acceptable to the Department of Public Works, as
well as an Incident Plan, which must be approved by the Sheriff's Office and the Office of Emergency
Management. The motion was seconded by Commissioner Garcia, who thanked Mr. Bodley for
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bringing this event to Weld County. He stated the Board simply wants to confirm all of the necessary
entities are involved to ensure a quality event. Commissioner Conway stated the process will be made
much easier next year if the applicant takes the necessary steps to do it right this year. Commissioner
Kirkmeyer reiterated the prior events were good; however, she just wants to ensure the traffic issue is
addressed. There being no further discussion, the motion carried unanimously.
FIRST READING OF CODE ORDINANCE #2010-7, IN THE MATTER OF REPEALING AND RE-
ENACTING, WITH AMENDMENTS, CHAPTER 15 VEGETATION, OF THE WELD COUNTY CODE:
Mr. Barker stated the proposed revisions remove the definition of a specific area and timing for burn
bans, which allows the Board to set a burn ban by Resolution for any area in Weld County, whenever it
is deemed necessary, which is consistent with State statute. No public testimony was offered
concerning this matter. Commissioner Garcia moved to approve Code Ordinance #2010-7 on first
reading. Seconded by Commissioner Conway, the motion carried unanimously.
PLANNING:
CONSIDER REQUEST FOR EXTENSION OF SUBMITTAL OF SITE SPECIFIC DEVELOPMENT
PLAN AND PLANNED UNIT DEVELOPMENT FINAL PLAT, PZ #1082 - KITELEY FARMS, LLLP, C/O
LONGS PEAK INVESTORS, LLC: Trevor Jiricek, Director of Department of Planning Services,
requested this matter be continued to Wednesday so the applicant may be in attendance.
Commissioner Kirkmeyer moved to continue said request for the extension of the submittal of Site
Specific Development Plan and Planned Unit Development Final Plat, PZ #1082, until Wednesday,
May 26, 2010. Seconded by Commissioner Conway, the motion carried unanimously.
HEALTH:
CONSIDER REVOCATION OF COLORADO RETAIL FOOD ESTABLISHMENT LICENSE - LOS
GALLITOS TAQUERIA: Dan Joseph, Department of Public Health and Environment, stated the subject
establishment has failed to maintain compliance with the Colorado Retail Food Establishment rules and
regulations despite numerous opportunities and assistance extended by the Health Department. He
stated staff recommends revocation or suspension of the license, or, as an alternative, include the
stipulation that the facility hire an outside consulting agency to provide on-site training to bring the
establishment into compliance. Mr. Joseph displayed a PowerPoint presentation, which he reviewed
for the record, indicating facilities are required by State statute to ensure a safe food supply. He stated
the present owner acquired the business in January, 2009, and since that time staff has conducted
seven inspections and cited 54 violations. He stated the primary source of the problems appears to be
a lack of knowledge demonstrated by the ownership and staff, as demonstrated by an average of three
times the normal amount of civil penalties, with sixty percent rated as critical violations and 18 violations
associated with food borne illness risk factors. Mr. Joseph reviewed the Inspection Report and a
summary of enforcement measures, and noted a representative of the facility failed to appear at the
informal hearing set for November 10, 2009, which was intended to discuss the issues of ongoing
non-compliance. In response to Commissioner Conway, Mr. Joseph stated staff has evidence that the
facility did receive the letter and there was no indication as to why they did not attend; however, on
December 17, 2009, the owners paid the outstanding civil penalties, registered four employees to
attend the WeldStar food safety class and staff decided to delay further inspection until April 5, 2010.
At that inspection staff encountered a 12-year old child and another staff member working the facility
who was not one that had taken the WeldStar test. He reviewed additional slides summarizing how
inspectors assess an employee's demonstration of knowledge related to food safety and prevention of
food borne illness, staff training, proper hand washing, hygienic practices and the various inspection
dates when citations were issued. In summary, Mr. Joseph stated staff is requesting the Board issue a
suspension or revocation of the license due to the risk the facility is posing to the public.
Responding to Commissioner Conway, Mr. Joseph reiterated many of the citations were related to
improper hygienic practices and food holding and storage, which are related to the fact that there does
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not seem to be proper managerial control. Responding to Chair Garcia, Mr. Joseph stated the
inspectors observed a minor (12 year old) working at the facility. He confirmed the child was working in
the kitchen preparing food, and was substituting for an ill parent who was unable to come in to work. In
response to Commissioner Kirkmeyer, Mr. Joseph stated the Santiago's restaurant employs an internal
inspector and they would be willing to allow him to contract with the owners of Los Gallitos Taqueria to
provide on-site training for several days in both English and Spanish. He stated there is also an
individual at CSU, Jeanine Reese, who is currently partnered with the Albertos Restaurant to provide
similar on-site training services. He stated the on-site training would occur while the facility is in
operation, in addition to off-site training at the Health Department. Responding to Commissioner
Conway, Mr. Joseph indicated a voluntary closure would be preferred until the violations are corrected
and a proper management structure is established.
Silvia Cerrillo, Department of Public Health and Environment, interpreted the following testimony
provided by the facility owners. Maria Oaxala De Flores introduced herself as the owner of the
establishment and Christina Oaxala De Flores indicated she is part-owner. Christina Flores stated they
have been having a difficult time retaining employees and on the last inspection she was not aware that
the primary person in charge was sick and had left her son to work in her absence. She indicated staff
has attended the WeldStar classes and they have been communicating with the Santiagos trainer to
arrange for on-site training. Maria Flores stated they are determined to ensure the violations are
corrected and that the facility remains in compliance. In response to Chair Rademacher, Mr. Jospeh
confirmed with the owners that the Santiagos trainer has conducted one class following the payment of
the civil penalty and they intend to schedule a future visit. Responding further to Chair Rademacher,
Mr. Joseph stated staffs' preference would be to issue a two-week working suspension with a full-time
trainer at the facility for four to six hours a day which would allow them to encounter the various staff
members and correct problems as they occur. He stated the trainer would also be requested to provide
a report of what has been addressed or covered in training. Responding to Commissioner Conway,
Mr. Joseph confirmed there have been no associated illnesses with this facility. Responding further to
Commissioner Conway, Christina Flores indicated the child that was found working at the facility is the
son of an employee, they were not aware that he was working, and it has only happened once. Chair
Rademacher clarified that as a condition of remaining open, the facility would be required to arrange for
a full-time trainer, in four to six-hour blocks for two weeks. Christina Flores indicated she understands
the condition; however, she still needs to discuss the new arrangement and time commitment with the
trainer. In response to Chair Rademacher, Mr. Joseph confirmed the Santiagos trainer is certified, and
Deb Adamson, Department of Public Health and Environment, added he is the quality assurance
employee for Santiagos. Commissioner Kirkmeyer stated she understands this is the owners'
livelihood; however, the Board of Commissioners has the responsibility to ensure the health, safety,
and welfare of the public and employees working at the establishment. In response to Commissioner
Kirkmeyer, Christina Flores indicated she is not certain why she has not been receiving the certified
mail; however, the mail is delivered to her house so it is possible other family members are receiving it
and not letting her know it arrived. Responding further to Commissioner Kirkmeyer, Christina Flores
stated she paid the civil penalty; however, she was not aware that she was required to attend a hearing
because she did not receive the notice. Commissioner Kirkmeyer indicated the certified mail process
results in three notices for each letter that was sent; however, Christina Flores indicated she cannot
explain why she did not receive the mail. Mr. Joseph indicated the most recent certified mail was
signed for by Christina Flores on October 28, 2009, notifying her of the informal hearing. In response to
Chair Rademacher, Mr. Joseph indicated an e-mail or log maintained by the third-party trainer would be
adequate to document the time spent training at the facility. Ms. Adamson indicated quality assurance
personnel do charge for their services, so they could also provide copies of the receipts for their time
billed. Mr. Joseph agreed staff could conduct a non-regulatory inspection to confirm the training is
taking place and then come back later and conduct a true regulatory inspection and issue citations, if
necessary. He further stated if the Santiagos inspector is not available, there are other certified
resources the facility could enlist. In response to Commissioner Kirkmeyer, Christina Flores indicated
Minutes, May 24, 2010 2010-1117
Page 9 BC0016
she understands the severity of the situation. Commissioner Kirkmeyer stated she may support closing
the facility because after 15 months and six inspections citing critical violations, the owner has failed to
receive or answer letters and attend the necessary hearings. Christina Flores indicated she
understands Commissioner Kirkmeyer's concerns.
No public testimony was offered concerning this matter.
Commissioner Garcia stated the situation has not improved, despite adequate assistance from Health
Department staff, and he is inclined toward a suspension until there is a demonstration of knowledge by
the staff to provide food in a safe manner. Chair Rademacher concurred, and added the owner still
needs to arrange for a certified trainer who is available for the amount of time specified by staff.
Commissioner Conway indicated there seems to be a failure to communicate, and he expressed
concern with repeat violations of a similar nature and the lack of managerial structure. Chair
Rademacher indicated he supports suspending the license until a plan is submitted to the Health staff,
for review and approval, which indicates a contract with a certified trainer specifying the discussed
length of training. Commissioner Conway indicated he would prefer a defined deadline of two weeks.
Mr. Joseph reiterated two weeks should be sufficient for the owners to contract with a trainer who would
then be available to conduct on-site training at various times with different staff. Following discussion,
Commissioner Kirkmeyer suggested the license be suspended, with another hearing to be set for June
7, 2010, to determine whether further suspension is in order, or if the establishment is ready to re-open.
Christina Flores indicated during this time she intends to hire a manager and contract with a certified
trainer for the entire staff, and two weeks will be adequate.
Commissioner Kirkmeyer moved to suspend the Colorado Retail Food Establishment License issued to
Los Gallitos Taqueria, with the matter to be reconsidered on June 7, 2010, at 9:00 a.m., to determine
the status of the facility and whether further action is necessary. Seconded by Commissioner Garcia,
the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance#2010-7 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, May 24, 2010 2010-1117
Page 10 BC0016
There being no further business, this meeting was adjourned at 11:10 a.m.
BOARD OF COUNTY COMMISSIONERS
COLORADO WELD COUNTY
♦ . IE •
ATTEST: ✓��� , i,-7o.
s o ..I s Radem cher, air
Weld County Clerk to the Board ]851 QM
•
rbara Kirkmeyer, ro-Tem
ie.f°y Clerk t the Board ��' (✓�
Sean P. o7Za (cr.-
William F. Garcia
EXCUSED
David E. Long
Minutes, May 24, 2010 2010-1117
Page 11 BC0016
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