HomeMy WebLinkAbout20082677.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 6, 2008
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, October 6, 2008, 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 H. Jerke, Chair
Commissioner Robert D. Masden, Pro-Tem - EXCUSED
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther Gesick
Controller, Barb Connolly
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of October 1, 2008, as printed. Commissioner Rademacher seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Rademacher moved to approve the Certification of
Hearings conducted on October 1, 2008, as follows: 1) Show Cause Hearing re: USR#1602 - Brad and
Scott Cockrofts Dairy, LLC; 2) USR #1660 - Dust and Dirt Excavating, LLC; and 3) USR #1660 - Noble
Energy, Inc. Commissioner Garcia seconded the motion, which 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 Long seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
WARRANTS: Barb Connolly, Controller, presented the following warrants for approval by the Board:
All Funds $1,051,794.73
Commissioner Garcia moved to approve the warrants as presented by Ms. Connolly. Commissioner Long
seconded the motion, which carried unanimously.
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BIDS:
PRESENT COURTS WEST CABLING BID - DEPARTMENT OF FINANCE/PHONE SERVICES: Monica
Mika, Director of Administrative Services, read the names of the four vendors who submitted a bid into the
record. She stated the work will be conducted after 5:00 p.m., and on weekends, and noted the amount
of cable to be used will total 15,320 feet on the third floor, 21,230 feet on the second floor, 2,206 feet in
the basement, and 1,680 for the elevator. In response to Commissioner Garcia, Ms. Mika stated staff is
still reviewing the proposals; however, it does appear the low bid meets the specifications despite a
difference of$20,000.00. She stated said bid will be considered for approval on October 20, 2008.
NEW BUSINESS:
CONSIDER CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN-
ARAPAHOE HOUSE, INC.: Judy Griego, Director, Department of Human Services,stated this agreement
will provide substance abuse treatment and monitoring primarily in southern Weld County. She stated the
source of funding is Core Services for treatment with monitoring, and monitoring only will be funded by
Child Welfare Block dollars, for a maximum total amount of $25,000.00. Commissioner Long moved to
approve said agreement and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion
carried unanimously.
CONSIDER REVISIONS TO OPERATIONS MANUAL, SECTION 6.000, COLORADO WORKS IN WELD
COUNTY AND CHILD CARE POLICIES AND PROCEDURES: Ms. Griego stated these revisions are to
add the County Diversion Disaster Funds section to specify eligibility and how funds will be used for a
disaster declared by the Board of Commissioners. She stated the Reimbursement Authority from the
Department of Employment Services section will be revised to change the fiscal year 07-08 budget to shift
$2,000 from Overhead to Mileage,with the overall budget amount remaining the same. Ms. Griego stated
the third revision is to the Client Eligibility and Child Care Transition Program section to expand the client
eligibility from 185% of the poverty level to 200% of the poverty level for the purpose of allowing clients to
participate in the Child Care Transition Program. Lastly, she stated the addition to the Client Eligibility
section mandates participation of clients of the Child Care Assistance Program to cooperate with child
support. In response to Commissioner Garcia, Ms. Griego stated the increase from 185%to 200% allows
for those who are starting their new employment, and no longer meet the 185% of the poverty level, to
continue receiving child care while they transition to a new income status. Responding to Chair Jerke, Ms.
Griego stated allowing the transition to 200% of the poverty level will cost the County approximately
$50,000.00, consisting primarily of federal and state dollars and some County general fund dollars;
however,the amount is currently accounted for in the Budget. Commissioner Long moved to approve said
revisions. Commissioner Rademacher, seconded the motion. Chair Jerke explained he is opposed to the
matter based on the increase of the poverty level. There being no further discussion, the motion carried
three to one, with Chair Jerke opposed.
CONSIDER AMENDED STATEMENT OF GRANT AWARD FOR THE JUVENILE DIVERSION PROGRAM
AND AUTHORIZE CHAIR TO SIGN: Krista Britton and Rob Miller, District Attorney's Office,were present
for this matter. Ms. Britton stated due to a recent decision to not replace one of the staff positions, the
budget was amended, as reflected in the Amended Statement of Grant Award. In response to
Commissioner Garcia, Ms. Britton stated based on the current case load numbers, it was determined the
work could be covered with one person. She stated this revision is for this fiscal year only, and the position
can by added in the future, if needed. Commissioner Garcia stated he appreciates the Juvenile Diversion
Program operating with staffing levels that reflect the work load. Commissioner Rademacher moved to
approve said amended statement of grant award and authorize the Chair to sign. Seconded by
Commissioner Garcia, the motion carried unanimously.
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CONSIDER RECOMMENDATION TO APPOINT MATTHEW WELLS TO GREELEY HOUSING
AUTHORITY: Commissioner Rademacher moved to approve said recommendation. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER APPOINTMENTS AND REAPPOINTMENTS TO FAIR BOARD: Commissioner Garcia moved
to appoint Hollee Hayes, Marcus Embry, LeAnn Reid, Donald Johnston, Thomas Bledsoe, and Jennifer
Blandin, and to reappoint Dale McCall and Justin Sidwell to the Fair Board. Seconded by Commissioner
Rademacher, the motion carried unanimously.
FINAL READING OF WELD COUNTY CODE ORDINANCE#2008-11, IN THE MATTER OF REPEALING
AND REENACTING, WITH AMENDMENTS, CHAPTER 3 HUMAN RESOURCES, OF THE WELD
COUNTY CODE: Commissioner Long moved to read Ordinance #2008-11 by title only. Seconded by
Commissioner Rademacher, the motion carried unanimously. Bruce Barker, County Attorney, read said
title into the record and stated this Ordinance amends the section dealing with the outside employment of
County employees to address the issue of an apparent conflict of interest with assigned responsibilities.
No public testimony was offered concerning this matter. Commissioner Long moved to approve Code
Ordinance #2008-11 on final reading. Seconded by Commissioner Garcia, the motion carried
unanimously.
FINAL READING OF WELD COUNTY CODE ORDINANCE#2008-12, IN THE MATTER OF REPEALING
AND REENACTING, WITH AMENDMENTS, CHAPTER 14 HEALTH AND ANIMALS, OF THE WELD
COUNTY CODE: Commissioner Garcia moved to read Ordinance #2008-12 by title only. Seconded by
Commissioner Long, the motion carried unanimously. Mr. Barker read said title into the record and stated
the amendments contained in this Ordinance deal with the issue of failure to control a dog, the numbers
of animals allowed on a property, eliminating the requirement prohibiting vicious dogs so that it will be
prosecuted under State statute, and reducing the amount of jail time from nine months to 180 days, in
accordance with State statute. No public testimony was offered concerning this matter. Commissioner
Rademacher moved to approve Code Ordinance #2008-12 on final reading. The motion was seconded
by Chair Jerke for the purpose of discussion. Commissioner Garcia expressed concern with eliminating
the penalty for owning a vicious or aggressive dog and dealing solely with the number of animals on a
property. Chair Jerke stated although there may still be some flaws in the law, this appears to make some
improvements regarding the definition of a vicious dog and simply pursuing the matter in accordance with
State statute; however, there are still some short comings. Mr. Barker explained the current provision in
the Code restricted property owners to four dogs, regardless of the lot size, and this amendment makes
some accommodations depending on the size of the parcel. He further stated the reduction in jail time is
consistent with State statute. Commissioner Rademacher stated although the proposed regulations are
not perfect, it is an improvement. Commissioner Long stated he will support the Ordinance in an effort to
address the number of Violation cases being brought before the Board, which he does not feel are
necessary or justified. Upon a call for the vote, the motion carried three to one,with Commissioner Garcia
opposed.
HEALTH:
CONSIDER REVOCATION OF COLORADO RETAIL FOOD ESTABLISHMENT LICENSE- EL RODEO
MEXICAN FOOD: Dan Joseph, Department of Public Health and Environment, read his staff
memorandum, dated September 22, 2008, for the record, stating despite numerous opportunities, the
facility has failed to come into compliance. Mr. Joseph stated due to continued observations of violations,
staff recommends revocation of the Retail Food Establishment License for El Rodeo Mexican Food. He
displayed a PowerPoint presentation, which he reviewed for the record. In response to Chair Jerke,
Mr. Joseph confirmed the facility is still owned and operated by the same individual who was in charge
when the license was previously suspended. Responding to Commissioner Garcia, Mr. Joseph explained
inspections were conducted during the suspension, as well as upon re-opening, at which time the facility
Minutes, October 6, 2008 2008-2677
Page 3 BC0016
was in compliance; however, since that time staff has observed continued violations of the same issues.
He reviewed the State statute which provides for suspension or revocation, and stated staff has conducted
more than three times the number of inspections typically required, he reviewed the various violation
citations, and noted the slides with a red background are new issues since the suspension. He stated
despite the efforts of staff,the violations have continued and he is recommending revocation. In response
to Chair Jerke, Mr. Joseph stated the same operator displayed the same issues at a previous facility, and
he also requested if the Board votes to revoke the license, the motion should also include revocation of
the license to sell food at the Farmers Market.
Sara Evans, Department of Public Health and Environment, stated this is not a cleaning issue; it is a food
handling issue. She stated staff has exhausted all the available resources in attempting to get the facility
into compliance, and she expressed serious concerns for the health and safety of the public.
Alfonso Perez, owner/operator for El Rodeo Mexican Food, stated many of the issues presented by staff
were from 2006, and he has only been at this facility since the beginning of 2008. He stated his biggest
problem is a poor economy and keeping trained employees at the facility. Mr. Perez acknowledged he
made mistakes in the past, and he requested a second chance. He stated he is committed to having
constant supervision at the facility, and he submitted various letters of support and photographs, marked
Exhibit A, as evidence of improvement at the establishment. Chair Jerke stated the history of the
establishment is evidence that the Board has offered a second, third, and even fourth opportunity for
Mr. Perez to improve his operations, in addition to the constant input from staff. Mr. Perez reiterated he
can only offer part-time employment,and it is difficult to retain an employee in a poor economy. The Board
took a few minutes to review the submitted documentation in Exhibit A, and Mr. Perez conferred with staff
regarding the evidence. Upon reconvening, in response to Commissioner Rademacher, Mr.Joseph stated
the facility was issued a two-week suspension in December, 2007, and he explained the photographs
depict a chilled water bottle, or ice wand, which is a commonly used practice for chilling food from the
inside-out. He stated the remaining photographs show Mr. Perez's efforts to seal or repair the cooling
units.
Chair Jerke stated the violation citations have been ongoing for a couple of years, and he has not seen
evidence of the operator's ability to maintain the necessary attention to employees and the needs of the
facility for an extended period of time. He stated it appears a continuance or suspension would be delaying
the inevitable, as well as posing a risk to the health, safety, and welfare of the public.
Commissioner Long agreed and stated the previous suspension should have resulted in remedying the
problems and maintaining adequate operations. Commissioner Garcia agreed and stated the same issues
continue to occur, despite training and instruction from Health staff. He stated this is not a new issue, and
he supports revocation of the License. Commissioner Rademacher agreed with all previous comments.
Commissioner Long moved to revoke the Colorado Retail Food Establishment Licenses issued to El Rodeo
Mexican Food, for operations at the establishment and the Farmers Market. The motion was seconded
by Commissioner Garcia. In response to Commissioner Rademacher, Mr. Joseph stated there is no time
restriction between revocation and reapplying. Mr. Barker agreed and explained State statute indicates
the license would have to be issued under new ownership. There being no further discussion, the motion
carried unanimously. Mr. Perez indicated this will cause a hardship, as he has financial obligations for the
business. Chair Jerke advised Mr. Perez to consult with staff, and noted there will be numerous issues
to address before pursuing a similar venture in the future.
Minutes, October 6, 2008 2008-2677
Page 4 BC0016
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR USR #1402 - ARNHEIM, LLC:
Chris Gathman, Department of Planning Services, stated after review of the site staff determined the
required improvements have been completed and is recommending release of said collateral. Donald
Carroll, Department of Public Works,concurred. Commissioner Garcia moved to approve said cancellation
and release of collateral. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE), AUTHORIZE CHAIR TO SIGN, AND
ACCEPT COLLATERAL FOR SPR #416 - SHAFFER TRUCKING, INC.: Mr. Gathman stated on
September 19, 2008, staff received a Letter of Credit from the property owner, in the amount of
$10,440.00, for the remaining improvements to be completed under Site Plan Review #416. He stated
staff has reviewed the improvements and recommends acceptance of the collateral amount. David
Snyder, Department of Public Works, concurred. Commissioner Rademacher moved to approve said
agreement,authorize the Chair to sign, and to accept said collateral. Seconded by Commissioner Garcia,
the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Ordinances #2008-11 and #2008-12 were approved on final reading.
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 10:10 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: Le1kij <:. ,�, J ` �l_��GW
illiam H. Jerke, Chair
Weld County Clerk to the Board - s
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- i' L i d f s' ' Robert Ma Pro-Tem
BYE A' le k t I Boar l(t I✓f ` ' ��"Dept Clerk o the Board
W liam F. Garcia
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David . Long
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Minutes, October 6, 2008 2008-2677
Page 5 BC0016
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