HomeMy WebLinkAbout20090137RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JANUARY 14, 2009
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, January 14, 2009, 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 William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Barbara Kirkmeyer
Commissioner David E. Long - EXCUSED
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jennifer VanEgdom
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board of County
Commissioners meeting of January 12, 2009, as printed. Commissioner Rademacher seconded the
motion, and it carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed.
Commissioner Conway seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: Commissioner Conway stated the Rocky Mountain
National Park (RMNP) Wilderness Bill was discussed during the previous Board meeting, and he would
like to provide a status update for the Board. He stated the Omni Lands Bill includes the RMNP
Wilderness Bill, and the Senate is expected to vote on, and pass, the proposed legislation. He clarified
the legislation contained within the Bill, offered by Senator Salazar, does not contain the protective
language desired by the Board; however, Senator Udall introduced a Wilderness Bill last week which did
contain the protective language. He indicated if the Omni Lands Bill is passed, and is signed into law, the
introduction of the new legislation proposed by Senator Udall will be mute. He stated he has contacted
Senator Salazar to reinforce the request for protective language, and indicated the Commissioners desire
the protection of water rights; however, he has not yet been able to speak directly with a staff member
within Senator Salazar's office. He clarified Senator Salazar will have to write a letter to the majority
leader, Senator Reed, requesting for the Bill to be pulled out.
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Commissioner Kirkmeyer indicated she recently attended a two-day training for the National Wildland Fire
Academy, which included representatives from the Cities of Evans and Fort Lupton, the Towns of
Platteville and Gilcrest, and the Hudson, Gilcrest/Platteville, LaSalle, Fort Lupton, and Milliken Fire
Protection Districts. She indicated the named entities are creating a Type Four Incident Management
Team within Weld County, and the training costs will be provided as grant funds from the Energy and
Mineral Impact Assistance Program. She confirmed the training exercise was very beneficial, and several
employees from the Weld County Paramedic Service and the Office of Emergency Management were also
in attendance. She indicated she is excited about the team pulling together, and she anticipates future
training activities. Commissioner Conway indicated he attended a part of the training session as well, and
he concurred the training was very beneficial.
NEW BUSINESS:
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO CR 13 AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS -
RETA LOU HEINRICY TRUST AND MARGARET HEINRICY: Leon Sievers, Department of Public Works,
stated this is the first of five parcels to be acquired for the County Road 13 Project, between
U.S. Highway 34 and County Road 62, being completed as a joint venture with Larimer County. He
indicated the property is located on the east side of County Road 13, south of County Road 60, and the
Department will be acquiring 0.30 acres of right-of-way, in the amount of $6,000.00. He further indicated
the value of $20,000.00 per acre is based upon an appraisal report prepared by Messick Bowes. He
confirmed there are no other costs associated with this project, therefore, the total compensation to the
landowner is in the amount of $6,000.00. Commissioner Rademacher moved to approve said agreement
and authorize the Chair to sign any necessary documents. Seconded by Commissioner Conway, the
motion carried unanimously.
CONSIDER APPLICATION FOR ENERGY AND MINERAL IMPACT ASSISTANCE PROGRAM FOR
EMERGENCY EQUIPMENT AND SHELTERING GRANT AND AUTHORIZE CHAIR TO SIGN: Monica
Mika, Director of Administrative Services, stated Weld County is sponsoring the application, which is being
submitted on behalf of numerous communities, including the Towns of Ault, Eaton, Grover, Kersey, New
Raymer, Nunn, Severance, and Windsor, and the City of Evans. She indicated the application requests
a total amount of $486,300.00, which will be utilized to purchase eight siren systems and nine generators
to be located within the various communities. She further indicated the Office of Emergency Management
will also be working in conjunction with the communities to ensure appropriate shelter may be provided
during times of disaster. In response to Commissioner Kirkmeyer, Ms. Mika indicated the match
component from Weld County listed on the application materials are the funds spent by the various
communities, excluding the Town of Windsor, and the utilization of these funds as a match was
recommended by the Colorado Department of Local Affairs (DOLA). She further indicated the purchase
of the NOAA Weather Radios will be included within the match funds. Commissioner Kirkmeyer indicated
the application will be required to identify the expenditures within the budget sheet, and in response
Ms. Mika indicated she has proper arrangements with Don Sandoval of DOLA. Further responding to
Commissioner Kirkmeyer, Ms. Mika indicated the value of the training was included, in the amount of
$20,000.00. In response to Don Warden, Director of Finance and Administration, Ms. Mika confirmed the
project is considered a Tier One Project, therefore, there are no issues with the money being spent
previous to the application being approved. Responding to Commissioner Kirkmeyer, Ms. Mika confirmed
the total amount of the grant application exceeds $200,000.00; however, it will be allowed as a Tier One
Project since all of the communities are working together to combine the efforts through one application.
Commissioner Kirkmeyer explained DOLA has allowed expenditures which have already occurred to be
listed on past grant applications, and she indicated the funds already spent cannot be reimbursed by
DOLA; however, they may be included within grant applications as matching funds. In response to Mr.
Warden, Ms. Mika confirmed this grant application will not compete against the future grant application for
heavy equipment, since the future application will be determined as a Tier Two Project. Commissioner
Minutes, January 14, 2009 2009-0137
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Conway moved to approve said application and authorize the Chair to sign. Seconded by Commissioner
Kirkmeyer, the motion carried unanimously.
HEALTH:
CONSIDER REVOCATION OF COLORADO RETAIL FOOD ESTABLISHMENT LICENSE - THE SONIC
DRIVE-IN (FORT LUPTON): Mr. Barker stated a memorandum has been provided by Dan Joseph,
Department of Public Health and Environment, and he confirmed Mr. Joseph was originally intending to
present the information at today's meeting. He clarified State statute allows for the Department to bring
the matter of violations which have not been remedied to the Board for attention and for possible
revocation or suspension of the food service license. He indicated he was contacted by the owners of the
establishment, and their Attorney Randy Williams, in order to discuss the possibility of a stipulation
agreement for remedy of the violations. He confirmed discussions began last week, and a Stipulation
Agreement has been drafted, marked Exhibit A. He stated the stipulation requires that the establishment
comply with the obligations listed as items #1 through #8, which includes the dates by which certain actions
must take place. He indicated the first date by which certain actions must take place is January 21, 2009,
one week from today, and the remaining action items must be completed by March 11, 2009. He further
indicated two future dates for review are proposed, including the first review in one week, therefore, he
recommended that the Board approve the stipulation, and continue the matter for one week, to January 21,
2009. He clarified testimony will be provided at the next hearing to ensure that the establishment has
complied with the obligations within the stipulation, and then the matter will be further reviewed on
March 16, 2009, to ensure all obligations have been addressed.
Mr. Joseph indicated the matter has been brought before the Board due to the repeat violations which have
occurred at the establishment, and it appears the necessary action to resolve these violations will take
place through the obligations of the stipulation. In response to Chair Garcia, Mr. Joseph confirmed an
informal hearing is held between the operators of the establishment and Department staff after the
assessment of a $500.00 civil penalty. He clarified staff did hold an informal meeting regarding this
establishment, and the items of non-compliance were discussed at the hearing; however, during a
follow-up inspection, several repeat violations of non-compliance were cited against the establishment.
Responding to Commissioner Rademacher, Mr. Joseph confirmed the most recent inspection of the
establishment was conducted on January 8, 2009, and the history of the violations at the establishment
date back to the year 2005 for several items of non-compliance. He clarified the establishment has had
repeat violations regarding the holding temperatures for food; however, only one critical violation was cited
during the most recent inspection, which was for moldy food, which has also been a repeat item of
non-compliance dating back to the year 2005. In response to Chair Garcia, Mr. Barker confirmed it is
appropriate for the Board to hear testimony from the operators of the establishment regarding the
stipulation.
Attorney Randy Williams represented the establishment and indicated his concurrence with the stipulation
agreement. He indicated the establishment owners have attempted to work diligently to resolve the cited
issues of non-compliance, and he confirmed co-owner Mr. Ford has extensive experience within the
restaurant industry. He further indicated the establishment has experienced difficulty retaining a sufficient
manager; however, the problem has now been resolved, and new equipment has been purchased for the
establishment. He confirmed the main goal of the owners of the establishment is to operate a high -quality
restaurant.
Clifton Ford, Senior Partner of Rocky Mountain Operating, which owns and operates the establishment,
confirmed his goal is to be the best restaurant within the area, and his establishment does not desire to
be a "problem child" for the Department. He indicated he has been working diligently with a new
establishment manager who is certified through the SERVSafe Program, and he confirmed he will be at
the facility everyday until all of the violations are resolved. In response to Chair Garcia, Mr. Ford indicated
Minutes, January 14, 2009 2009-0137
Page 3 BC0016
all employees at this establishment, as well as at other Sonic establishments within Weld County, will
attend the training classes provided by the Department. Commissioner Conway expressed his concern
regarding the length of time that the violations have been occurring at the establishment, and he
questioned whether one manager was in charge during this entire time frame, or if there have been
multiple managers. Mr. Ford indicated the establishment has had numerous managers within the past few
years, and he stated it has been hard to attract and retain quality management employees, since the City
of Fort Lupton is a smaller community. In response to Commissioner Kirkmeyer, Mr. Ford indicated he has
reviewed the stipulation, and understands the obligations listed. He further indicated the stipulation will
also be utilized as a guideline for the other Sonic establishments within Weld County, and he understands
a lot of improvements must be made before the next hearing. Commissioner Rademacher moved to
approve the stipulation agreement, and to continue the matter to January 21, 2009, at 9:00 a.m. Seconded
by Commissioner Conway, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. No Ordinances were approved.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
There being no further business, this meeting was adjourned at 9:30 a.m.
Weld County Clerk to the Bo
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BY:1 Milk 1 -Q
BOARD OF COUNTY COMMISSIONERS
WELD CY, COLORADO
rbara Kirkmeyer
EXCUSED
David E. Long
Minutes, January 14, 2009 2009-0137
Page 4 BC0016
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