HomeMy WebLinkAbout20081973.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JULY 14, 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, July 14, 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
Commissioner William F. Garcia
Commissioner David E. Long - EXCUSED
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jennifer VanEgdom
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of July 9, 2008, as printed. Commissioner Rademacher seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Garcia moved to approve the Certification of Hearings
conducted on July 8, 2008, as follows: 1)Violation Hearings; and on July 9, 2008: 1) USR#1653 -Carma
Bayshore,LLC/Kerr-McGee Oil and Gas OnShore, LP. Commissioner Rademacher 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 Masden seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
2008-1973
BC0016
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WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $850,808.44
Commissioner Masden moved to approve the warrants as presented by Mr. Warden. Commissioner
Garcia seconded the motion, which carried unanimously.
BIDS:
PRESENT COURTS WEST AND CENTENNIAL CENTER CONSTRUCTION PHASE IV BID -
DEPARTMENT OF FINANCE: Monica Mika, Director of Administrative Services, read the names of the
six vendors who submitted a bid into the record. Said bid will be considered for approval on July 28, 2008.
In response to Chair Jerke, Mr. Warden indicated the initial estimated cost was expected to be
approximately $3 million; however, some aspects of the project have been modified with the addition of
space for the District Attorney's office on the third floor of the Centennial Center. He stated the County
will be able to utilize a large sum of the $850,000.00 designated for the Social Services parking lot project
since the project will be completed in-house for a significantly reduced amount. He further stated a
carryover capital fund balance of$1.2 million is also anticipated and may be utilized for this construction
project as well.
ACTION OF THE BOARD CONCERNING HOUSEHOLD HAZARDOUS WASTE SERVICES BID -
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT: Ms Mika stated it is necessary to continue
the consideration of the bid to July 21, 2008 in order to compare additional data. In response to Chair
Jerke, Ms. Mika read the names of the vendors into the record. Commissioner Garcia moved to continue
said bid to July 21, 2008. The motion was seconded by Commissioner Rademacher, and it carried
unanimously.
NEW BUSINESS:
CONSIDER TEMPORARY CLOSURE OF CR 10 BETWEEN CR 71 AND SH 79: Wayne Howard,
Department of Public Works, stated County Road 10, between County Road 71 and State Highway 79,
was closed on an emergency basis on July 8, 2008, due to a collapsed culvert. Commissioner
Rademacher moved to approve said temporary closure. Seconded by Commissioner Masden, the motion
carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 59 BETWEEN CR 70 AND SH 392: Mr. Howard stated
County Road 59, between County Road 70 and State Highway 392 was closed on an emergency basis
on July 7, 2008, due to a collapsed culvert, and was reopened on July 10, 2008. Commissioner Garcia
moved to approve said temporary closure. Seconded by Commissioner Masden, the motion carried
unanimously.
CONSIDER CONTRACT AMENDMENT #1 FOR RECONSTRUCTION OF BRIDGE 27/66A OVER
GREELEY CANAL #2 AND AUTHORIZE CHAIR TO SIGN: Mr. Howard stated the County recently
conducted a swap of funds between federally funded bridge projects, and the transfer of federal dollars
requires an amendment to the original contracts with the Colorado Department of Transportation(CDOT).
He clarified the overage of$350,000.00 from one bridge project will be swapped to another project which
required additional funds. Commissioner Rademacher moved to approve said contract amendment and
authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously.
Minutes, July 14, 2008 2008-1973
Page 2 BC0016
CONSIDER ENTRY UPON VARIOUS LANDS BY WELD COUNTY VEGETATION MANAGEMENT
SPECIALIST: Tina Booton, Department of Public Works, stated she is required to gain approval from the
Board for the right of entry on lands to complete weed control measures for the attached list of property
owners. In response to Commissioner Rademacher, Ms. Booton indicated the parcel identified as
Highland Lake Estates is an irrigation ditch, outside of the Town of Mead. She further stated the irrigation
ditch is not controlled by the Highland Ditch Company, rather, it is located on private property situated
within Highland Lake Estates subdivision. Commissioner Garcia moved to approve said entry. Seconded
by Commissioner Masden, the motion carried unanimously.
CONSIDER PERSONAL SERVICES CONTRACT FOR EARLY DETECTION/RAPID RESPONSE(EDRR)
FOR BLACK HENBANE AND OTHER SPECIES IN NORTHERN WELD COUNTY AND AUTHORIZE
CHAIR TO SIGN: Ms. Booton stated Weld County has been awarded a grant from the Colorado
Department of Agriculture,to offer cost-share money to landowners to eradicate several species of noxious
weeds. She indicated black henbane and plumeless thistle are not currently growing within Weld County;
however, there is the potential for these weeds to spread from Larimer County to the west. She indicated
the program is set up as an 80/20 reimbursement for landowners,for a maximum amount of$500.00. She
stated the focus area will be north of County Road 74, between County Roads 13 and 89. Responding
to Chair Jerke, Ms. Booton indicated black henbane is not officially listed as a noxious weed on Weld
County's list, and the State has not yet developed a management plan for treatment of this species, which
is why it is a part of the early detection program. She further stated staff can add it to the Weld County
list; however, it is not required at this point by the State. Commissioner Rademacher moved to approve
said contract and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER ACCEPTING ASSESSED VALUATION OF ALL TAXABLE PROPERTY AND MASTER
PROTEST LOG - REAL AND PERSONAL PROPERTY: Christopher Woodruff, Assessor, stated he is
present to report the taxable assessed valuation of the County, as required by Section 39-8-105(1) and
(2), C.R.S., to provide a master protest log of property owners who have protested their property values,
and to provide a listing of property owners who have failed to file personal property declaration schedules
by the required date. He indicated there has been a change in the taxable assessed value, and he
presented a paper copy of the corrected amounts. He indicated one company, which is state-assessed
and with a valuation of $29 million, mis-reported its location since it is actually located within Adams
County. Mr. Woodruff indicated Weld County has experienced a significant increase within the state-
assessed valuation, and the numbers presented account for decisions made within the protest period;
however, they do not account for the upcoming changes which may be made when the Board convenes
as the Board of Equalization. He indicated the state-assessed figures are preliminary, and may be
modified before the certification takes place on August 25. He indicated there has been a decline in vacant
land,which is a fluid class of property; however, there has been growth in both residential and commercial,
which is primarily represented by new construction. He clarified there has been a four percent increase
in residential and commercial, which indicates strong growth, and there has been a one percent increase
in industrial, and a small increase in agricultural. He stated the biggest area of concern this year is the
value of oil and gas, and a 20 percent drop in the value of gas production was experienced by Weld
County within the past year; however, there was a sixteen percent increase in the value of oil production,
plus a significant increase in the value of personal property associated with the production of oil and gas.
He clarified the oil and gas valuation was only reduced by two percent this past year,which is a remarkable
figure. Mr. Woodruff indicated he is surprised by the value of the state-assessed properties, which are
valued by the Tax Administrator's Office,and the biggest increases were in regards to the Rockies Express
Pipeline, in the amount of $30 million, and approximately $1.9 million for the Cedar Creek Wind Farm,
which only operated for three months within the year 2007. He further clarified there was a large increase
in the value of the Kerr-McGee pipelines, which are interstate pipelines. He indicated the County will be
reappraised next year to a new market level, and the impact of foreclosures within the residential market
Minutes, July 14, 2008 2008-1973
Page 3 BC0016
will be reflected in the valuations. He stated the oil companies expect the value of production to increase
during 2008, which will be reflected within the 2009 valuation, due to better access for transport of
commodities. He indicated, overall, the assessed value for Weld County increased by 2.3 percent, and
there has been a shift in the percentages of increase between real and personal property, which is based
on the large amount of state-assessed value within personal property.
Mr. Woodruff stated a total of 856 protests were submitted to the Assessor's Office during the months of
May and June, 2008, of which 731 were for real property, and 125 for personal property. He clarified the
Assessor's Office adjusted approximately 53 percent of the protests, and denied 47 percent. He indicated
1,695 personal property declarations were not returned to the office,which is approximately seven percent
of the overall declarations, and that figure is not unusual. He further indicated staff will spend the rest of
the year trying to encourage property owners to file the appropriate forms, especially new businesses.
Commissioner Masden indicated a 2.3 percent increase overall is surprising, especially considering the
drop in value for oil and gas production, and he is pleased that Weld County did not experience an overall
decrease. Mr. Woodruff indicated Weld County has a very balanced tax base, with a strong natural
resources component, and the increases and decreases within various segments provide balance, which
provides for an advantage in comparison with some of the neighboring counties. Mr. Warden clarified the
values are one year behind the current economy. Commissioner Masden indicates he expects a positive
increase next year as well. Commissioner Rademacher moved to accept said assessed valuation and
master protest log. In response to Commissioner Garcia, Mr. Woodruff indicated the overall personal
property increase is driven by the state-assessed valuation this year, and typically personal property
valuations do not fluctuate by a large percentage. Chair Jerke indicated he is not entirely surprised by the
percentage increase for state-assessed values since the Board has recently heard several applications
for pipeline projects, which added quite a bit of value. He further indicated the Board has also been made
aware through briefings of other projects which will create value for Weld County. He stated he
understands the growth within residential areas is mainly based on new growth, and a re-assessment will
take place next year. There being no further discussion, the motion was seconded by Commissioner
Masden, and it carried unanimously.
CONSIDER CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN-
BARRY LINDSTROM, PH.D., LLC: Judy Griego, Director, Department of Human Services,stated the term
of the agreement is June 1, 2008, through May 31, 2009, and Barry Lindstrom will provide mental health
services in the form of assessments, evaluations, and treatment. She stated the total expenditure shall
not exceed $150,000.00, payable through CORE services funding. Commissioner Garcia moved to
approve said agreement and authorize the Chair to sign. Seconded by Commissioner Masden,the motion
carried unanimously.
CONSIDER CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN-
CHILDSAFE SEXUAL ABUSE TREATMENT CENTER: Ms. Griego stated the term of the agreement is
June 1, 2008, through May 31, 2009, and ChildSafe will provide assessments, evaluations, interviews,
therapy,supervision,and court testimony,for an amount not to exceed$25,000.00. Commissioner Garcia
moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Masden,
the motion carried unanimously.
CONSIDER CHILD PROTECTION AGREEMENT FOR SEX ABUSE TREATMENT SERVICES AND
AUTHORIZE CHAIR TO SIGN - LUIS GUILLERMO CALLE, LPC: Ms. Griego stated the term of the
agreement is June 1, 2008, through May 31, 2009, and Luis Guillermo Calle will provide offense-specific
evaluation and treatment for Hispanic adults and youth, for an amount not to exceed $5,000.00.
Commissioner Masden moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Rademacher, the motion carried unanimously.
Minutes, July 14, 2008 2008-1973
Page 4 BC0016
CONSIDER CHILD PROTECTION AGREEMENT FOR MENTAL HEALTH SERVICES AND AUTHORIZE
CHAIR TO SIGN - LUIS GUILLERMO CALLE, LPC: Ms. Griego stated the term of the agreement is
June 1, 2008,through May 31, 2009, and Mr. Calle will provide counseling services to individuals, couples,
and families, for an amount not to exceed $5,000.00. Commissioner Rademacher moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried
unanimously.
CONSIDER CHILD PROTECTION AGREEMENT FOR ANGER MANAGEMENT/DOMESTIC VIOLENCE
SERVICES AND AUTHORIZE CHAIR TO SIGN - INDIVIDUAL AND GROUP THERAPY SERVICES:
Ms. Griego stated the term of the agreement is June 1, 2008, through May 31, 2009, and Individual and
Group Therapy Services will provide anger management and domestic violence services to adult and
juvenile clients, including disabled individuals. She stated the amount for services provided shall not
exceed $25,000.00, paid out of Child Welfare Administration funds. Commissioner Masden moved to
approve said agreement and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion
carried unanimously.
CONSIDER CHILD PROTECTION AGREEMENT FOR SEX ABUSE TREATMENT SERVICES AND
AUTHORIZE CHAIR TO SIGN -ACKERMAN AND ASSOCIATES, PC: Ms. Griego stated the term of the
agreement is June 1, 2008, through May 31, 2009, and Ackerman and Associates will provide therapy for
the treatment of parents, victims, and siblings within sexual abuse cases. She indicated the
reimbursement amount shall not exceed $25,000.00, paid out of CORE Services funds. Commissioner
Garcia moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner
Rademacher, the motion carried unanimously.
CONSIDER CHILD PROTECTION AGREEMENT FOR MEDIATION AND FACILITATION SERVICES AND
AUTHORIZE CHAIR TO SIGN -ACKERMAN AND ASSOCIATES, PC: Ms. Griego stated the term of the
agreement is June 1, 2008, through May 31, 2009, and Ackerman and Associates will assist with family
planning meetings, and provide mediation services utilizing short-term intervention to assist with
reunification. She stated the reimbursement amount shall not exceed $10,000. Commissioner Garcia
moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner
Rademacher, the motion carried unanimously.
CONSIDER CHILD PROTECTION AGREEMENT FOR HOME STUDIES/RELINQUISHMENT
COUNSELING SERVICES AND AUTHORIZE CHAIR TO SIGN -ACKERMAN AND ASSOCIATES, PC:
Ms. Griego stated the term of the agreement is June 1, 2008, through May 31, 2009, and Ackerman and
Associates will provide home studies and relinquishment counseling for families referred by the
Department. She stated the total reimbursement amount shall not exceed $10,000.00, paid out of Child
Welfare Administration funds. In response to Chair Jerke, Ms. Griego clarified relinquishment counseling
services are provided to biological parents who are terminating their parental rights, and the Department
is required to provide this service so that parents are made aware of the issues which may arise from
terminating parental rights. Responding to Commissioner Garcia, Ms. Griego indicated there are several
different providers, which provide relinquishment counseling services, utilized by the Department.
Commissioner Garcia moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Rademacher, the motion carried unanimously.
CONSIDER CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN-
BRANDI RENNEMEYER, BSW: Ms. Griego stated the term of the agreement is June 1, 2008, through
May 31,2009,and Brandi Rennemeyerwill provide home studies for the Department,for a reimbursement
rate not to exceed $10,000.00, paid out of Child Welfare Administration funds. Commissioner Masden
moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Garcia,
the motion carried unanimously.
Minutes, July 14, 2008 2008-1973
Page 5 BC0016
CONSIDER CHILD PROTECTION AGREEMENT FOR FOSTER PARENT CONSULTING SERVICES
AND AUTHORIZE CHAIR TO SIGN-STRONG FOUNDATIONS, LLC: Ms. Griego stated the term of the
agreement is June 1, 2008, through May 31, 2009, and Strong Foundations consultation services are for
children and youth living within foster homes. She stated the total reimbursement amount shall not exceed
$25,000.00, paid out of CORE Services funds. Commissioner Rademacher moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER CHILD PROTECTION AGREEMENT FOR FOSTER PARENT TRAINING SERVICES AND
AUTHORIZE CHAIR TO SIGN - STRONG FOUNDATIONS, LLC: Ms. Griego stated the term of the
agreement is June 1, 2008, through May 31, 2009, and Strong Foundations will provide training for
Department foster families. She stated the total reimbursement amount, not to exceed $40,000.00, will
be paid out of Child Welfare Administration funds. Responding to Chair Jerke, Ms. Griego indicated the
past two agreements were presented separately due to the separate funding sources utilized; however,
the Department is seeking to create a process where many of the agreements may be combined.
Commissioner Masden moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Garcia, the motion carried unanimously.
CONSIDER CHILD PROTECTION AGREEMENT FOR HOME STUDIES/RELINQUISHMENT
COUNSELING SERVICES AND AUTHORIZE CHAIR TO SIGN - STRONG FOUNDATIONS, LLC:
Ms. Griego stated the term of the agreement is June 1, 2008, through May 31, 2009, and Strong
Foundations will provide home studies and relinquishment counseling services for families within a
100-mile radius of the City of Greeley. She stated the total reimbursement amount, not to exceed
$100,000.00, will be paid through Child Welfare Administration funds. Commissioner Garcia moved to
approve said agreement and authorize the Chair to sign. Seconded by Commissioner Masden,the motion
carried unanimously.
CONSIDER CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN-
CHILD ADVOCACY RESOURCE AND EDUCATION, INC. (CARE): Ms. Griego stated the term of the
agreement is June 1, 2008, through May 31, 2009, and CARE will provide home-based and visitation
services to individuals and families referred to the Department, for an amount not to exceed $175,000.00.
Commissioner Garcia moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Rademacher, the motion carried unanimously.
CONSIDER CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN-
CHASE HOME STUDIES (PATRICIA CHASE, BSW): Ms. Griego stated the term of the agreement is
June 1, 2008, through May 31, 2009, and Patricia Chase will provide home studies and relinquishement
counseling, for an amount not to exceed $10,000.00. Commissioner Masden moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN -
GREELEY COUNSELING CENTER, PC: Ms. Griego stated the term of the agreement is June 1, 2008,
through May 31, 2009, and Greeley Counseling Center will provide psychological evaluations, parental
fitness evaluations, interactional evaluations, individual/family therapy, and crisis intervention. She stated
the total amount of reimbursement shall not exceed $50,000.00, paid from CORE Services funds.
Commissioner Garcia moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Masden, the motion carried unanimously.
Minutes, July 14, 2008 2008-1973
Page 6 BC0016
CONSIDER AGREEMENT FOR ON-SITE FLU VACCINATIONS AND AUTHORIZE CHAIR TO SIGN -
WORKWELL OCCUPATIONAL MEDICINE: Mr. Warden stated flu vaccines will be offered to Weld
County employees in Fall, 2008, as a part of the Safety and Wellness Program, and the cost is$20.00 per
vaccination from Workwell Occupational Medicine, which was the lowest bid received. Responding to
Commissioner Masden, Mr. Warden clarified the fee will be paid by the County through the amount
budgeted for the Safety and Wellness Program. In response to Commissioner Garcia, Mr. Warden
explained the Department of Public Health and Environment also provides flu vaccines, for a cost of
$25.00; however, Workwell Occupational Medicine is able to provide the vaccine for a lower cost due to
the high volume of vaccine ordered. Responding to Chair Jerke, Mr.Warden indicated the flu vaccinations
were offered for the first time last fall,with very low employee participation; however, more employees are
expected to take advantage of the vaccine this year since the County will provide payment. Commissioner
Rademacher moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Masden, the motion carried unanimously.
CONSIDER CONSENT TO ASSIGNMENT AND ASSUMPTION AGREEMENT AND AUTHORIZE CHAIR
TO SIGN-ALL STAR TECHNICAL SERVICES, FKA TECOM, INC./ALL STAR FLEET SERVICES, LLC:
Barb Connolly, Controller, explained Tecom, Inc., provides fleet services for the County, and All Star
Technical Services previously purchased Tecom, Inc. She stated All Star has created a further division
within its corporation to setup the fleet services as a separate division. In response to Chair Jerke,
Ms. Connolly indicated the current fleet maintenance contract will expire in the year 2012. Responding to
Commissioner Masden, Ms. Connolly confirmed the matter is administrative,and there will be no personnel
modifications. Commissioner Masden moved to approve said consent and authorize the Chair to sign.
Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER DECLARING CERTAIN EQUIPMENT AS SURPLUS PROPERTY, AND AUTHORIZE
DONATION OF SAME TO DRIVE SMART WELD COUNTY COALITION: Ms.Connolly stated the Sheriff's
Office obtained a homemade flatbed trailer through a seizure,which has been utilized to transport wrecked
vehicles. She indicated the Sheriff's Office no longer utilizes the trailer, and in fact, the DRIVE SMART
Weld County Coalition has been utilizing the trailer, therefore, the donation of the vehicle will allow the
coalition to properly license the trailer for its uses. She indicated there is no cost to the County.
Commissioner Garcia moved to declare said equipment as surplus property and authorize said donation.
Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER DECLARING CERTAIN EQUIPMENT AS SURPLUS PROPERTY, AND AUTHORIZE SALE
OF SAME AT ROLLER AND ASSOCIATES AUCTION: Ms. Connolly stated the equipment listed within
Exhibit A is no longer necessary for use within the Department of Public Works, and the equipment will be
sent to the Roller and Associates auction scheduled for July 16, 2008. Responding to Chair Jerke,
Ms. Connolly confirmed the funds received through the auction sales are returned to the general fund. In
response to Commissioner Masden, Ms. Connolly stated the Roller and Associates auction takes place
at the Adams County Fairgrounds. Further responding to Chair Jerke, Ms. Connolly stated identical
equipment was sent to the Roller and Associates and the Ritchie Brothers auctions last fall, and the
equipment which was sold at the Roller and Associates auction yielded a better price, plus the commission
charged was lower than the amount charged by Ritchie Brothers. Chair Jerke indicated Ritchie Brothers
is now a Weld County enterprise and Weld County does not charge a sales tax. Commissioner
Rademacher moved to declare said equipment as surplus property and authorize the sale of same.
Seconded by Commissioner Garcia, the motion carried unanimously.
HEALTH:
CONSIDER REVOCATION OF RETAIL FOOD ESTABLISHMENT LICENSE - ARMADILLO
RESTAURANT: Sara Evans, Department of Public Health and Environment, stated the Armadillo
Restaurant has failed to maintain compliance with the Colorado Retail Food Establishment Rules and
Minutes, July 14, 2008 2008-1973
Page 7 BC0016
Regulations, and a time line describing the violations at the facility has been provided. She indicated the
Department of Public Health and Environment has given the facility all opportunities to come into
compliance with the rules and regulations, as explained in the attached flow chart. She stated staff
continues to observe violations which have the potential to result in illness, and the Department did receive
a food borne illness complaint on May 27, 2008. She indicated the Department recommends that the
license be revoked; however, if the license is not revoked, the Department recommends that the Board
order the Armadillo Restaurant to pay the assessed civil penalty fees as a condition of continued operation.
Dan Joseph, Department of Public Health and Environment, clarified the establishment did pay the
assessed civil penalty fees on Friday,July 11, 2008. Mr. Barker clarified the Resolution provided is drafted
similar to a land use violation Resolution, therefore, it will need to be modified; however, the chart provided
within the attached documents gives a good clarification of how the violation process works for food
establishments.
Mr. Joseph presented a PowerPoint Presentation, marked Exhibit A, which reviewed the responsibilities
of the establishment as described in the Colorado Revised Statutes, gave a summary of the notifications
of non-compliance sent to the establishment,and reviewed the Board's ability to initiate disciplinary actions.
He gave a brief history of the inspections which have taken place at the establishment since December,
2006, and indicated food was discarded during five inspections, due to mold and improper cooling
temperatures. He indicated a Food Borne Illness complaint was received from three of four family
members who dined together at the establishment in late May, 2008, and the symptoms of their sickness
were consistent with improperly handled food. In response to Chair Jerke, Mr. Joseph confirmed it is
usually difficult to prove the source of illness from a complaint; however, in this instance, the meal eaten
at the establishment was the only meal in common for all family members within several days. He further
reviewed the number of critical and non-critical violations at the establishment, the number of times the
establishment has voluntarily condemned food, and he gave a brief explanation of the inspection report
form. He reviewed the seven violation dates at which food was found to be holding at an improper
temperature, and gave a brief explanation of the proper method to cool food. He explained the walk-in
cooler was not holding at the proper temperature; however, staff from the establishment have indicated
that the cooler has been repaired. He clarified the establishment manager was informed at the end of each
inspection what was required to be corrected before the next inspection.
Mr. Joseph displayed photographs of moldy food which was found at the establishment during five
separate inspections, and gave a brief description of the improper hygienic practices observed during six
separate inspections. He indicated concerns regarding proper sanitizer levels,and gave a brief description
of the various plumbing violations. He clarified the Department is most concerned with the previously
mentioned critical violations; however,there have also been numerous non-critical violations, including food
debris throughout the kitchen, a cooler in disrepair, the necessary replacement of the compressor on the
soda machine, and various maintenance issues such as holes in walls, missing tiles, and a leaky roof. He
indicated the Department is requesting revocation of the establishment's food license due to the food borne
illness risk the facility is posing to the public. Ms. Evans confirmed the establishment has been provided
with notification of the violations, which have been re-occurring for quite some time. She indicated the
Department has tried its best to resolve these issues of non-compliance, so that the matter did not have
to be brought before the Board of County Commissioners; however, the establishment failed to send a
representative to the informal hearing previously scheduled, and she confirmed a representative has not
visited the Department offices to discuss the violations and issues cited at the establishment.
Jerry Schott, manager of the Armadillo Restaurant, stated many of the cited violations have been
addressed, repairs have been made to the walk-in cooler, and the cold holding table has also been
replaced. He indicated much of the equipment which was found to be in disrepair has been resolved or
replaced within the past two weeks of his re-employment, including the soda compressors which were
replaced by Coca-Cola. He stated the facility still needs some time to complete some of the required work,
Minutes, July 14, 2008 2008-1973
Page 8 BC0016
and training the staff members proves to be the most challenging issue to be addressed. He expressed
his apologies for the violations issued within the previous six months while he was not employed with the
company, and clarified he was a long-term employee for the company in the past, was not employed by
the company for approximately six months,and began managing the facility approximately two weeks ago.
He indicated it appears that many of the violations cited could have been easily resolved; however, the
violations were not dealt with in a proper manner.
Vanessa Lucio, co-owner and Vice President of the Armadillo Restaurant, clarified many of the violations
occurred since December, 2007, and during the time Mr. Schott was not employed by the company, an
assistant manager was promoted; however, the assistant manager was negligent in his position and was
actively hiding the inspection reports from upper management. She stated the assistant manager was
terminated for these reasons, and confirmed multiple inspection reports and letters provided by the
Department were never received by upper management to be dealt with. She further stated she was in
communication with the previous assistant manager regarding these issues; however, he was actively
hiding the communication received from the Department. She indicated a representative failed to come
to the informal hearing because remaining staff did not have knowledge of the hearing. She clarified
Mr. Schott was rehired to provide oversight of the Greeley facility, at which time the hidden letters from the
Department were discovered. She confirmed the company does take the issue of violations very seriously,
and many of the procedural issues have been resolved within the past two weeks. She clarified several
key pieces of equipment have been replaced, the staff has received additional training, and the kitchen
manager is ensuring all rules and regulations are being followed. She indicated it appears that the
establishment has not been attentive; however, she assured the Board that the company is actively
seeking to provide correction of the outstanding items of non-compliance, and invited the Department to
conduct additional inspections.
Commissioner Masden reiterated Mr. Schott indicated most of the items of non-compliance items have
been addressed; however, the Board was involved due the critical issues at the establishment concerning
the procedures utilized by staff. He further reiterated Mr. Schott indicated many of the violations occurred
within the past six months; however, it appears some of the violations have been repetitive for several
years. Mr. Schott clarified he is trying to move forward with addressing the items of non-compliance, and
he takes responsibility for any issues of non-compliance which were brought up during his previous
employment. He indicated it is difficult to keep employees properly trained since there is a high amount
of turnover. Commissioner Masden indicated he understands there a large amount of turnover in the
restaurant industry; however, proper training is a basic function of operating a successful restaurant. In
response to Commissioner Masden, Mr. Schott indicated repairing and/or replacing the necessary
equipment has been fairly easy, as most were simple repairs; however, the training for staff will take
additional time. He clarified the establishment will be in approximately 90 percent compliance within the
next 30 days. Commissioner Masden stated the Board is considering revocation of the license for the
establishment,and in response, Mr.Schott clarified the facility will not have any type of violations occurring
within the next 30 days. Ms. Lucio indicated if Department staff were to complete an inspection today, the
establishment will be found in satisfactory condition. She clarified there will be some kitchen employee
turnover within the next 30 days,as training continues for the staff. In response to Commissioner Masden,
Ms. Lucio indicated she does not believe revocation of the license is necessary since the facility is already
in satisfactory condition.
Commissioner Rademacher expressed his concerns regarding the length of on-going issues of
non-compliance at the establishment, and that a representative did not attend the informal hearing,
especially since the establishment is part of a chain of restaurants. Responding to Commissioner
Rademacher, Ms. Lucio indicated the establishment is currently open for business. In response to Chair
Jerke, Mr. Schott indicated he previously worked for the company for over 30 years; however, he has been
away from the company for most of calendar year 2008. He indicated he was brought back on staff to
Minutes, July 14, 2008 2008-1973
Page 9 BC0016
concentrate his efforts on trouble-shooting problems for the company, and his current assignment is to
focus on correcting the issues within the Greeley establishment. ChairJerke stated the Board must protect
the health, safety, and welfare of the residents of Weld County, and he expressed his concerns regarding
the violations at the establishment. He indicated the Downtown Greeley area is primed to explode with
growth potential, and he believes the establishment would like to be a part of the expected growth.
Commissioner Masden stated this establishment is not the only facility operated by the company, there
is also an establishment located within the Town of LaSalle. In response to Commissioner Masden,
Mr. Joseph indicated the establishment in the Town of LaSalle has experienced similar issues; however,
the violations have not been as excessive in nature as the establishment within the City of Greeley.
Commissioner Masden stated the Armadillo Restaurant is an institution within Weld County, and many
people visit the establishment frequently.
Responding to Chair Jerke, Mr. Barker indicated the Board has the option to revoke the license, or
potentially suspend the license, as done previously with other establishments. Responding to Mr. Barker,
Mr. Joseph confirmed the establishment has provided payment for all of the necessary civil penalties.
Mr. Barker stated the matter could be continued for a period of days in order for the Department to
complete an additional inspection to determine if adequate improvements have been made at the
establishment which will protect the health, safety, and welfare of Weld County residents. Mr. Joseph
suggested that follow-up of the establishment be ordered for a period of six months until the next regular
inspection, and if the establishment is found to have major issues of non-compliance, the matter may be
brought back before the Board. Chair Jerke indicated if a continuance of the matter is granted, the details
of future requirements may be discussed once the Board has determined the amount of improvement
already completed at the establishment. He indicated he concurs with a continuance of the matter in order
to allow the Department to complete an additional inspection and provide a progress report to the Board
during the next Board meeting.
Commissioner Garcia concurred with Chair Jerke and indicated he does not support revocation of the
license. He expressed his concerns regarding the health, safety, and welfare of Weld County residents,
as well as regarding the internal procedures of the establishment. He stated it is hard for management
to effectively conduct business when not present on the premises on a regular basis. He indicated he is
not sure how the information is being provided to upper management, and the procedural issues within the
company need to be addressed as well so that upper management is sure that the establishment is
providing top quality service. He clarified he supports a suspension of the license, for a short period of
time, so that the Department may inspect the facility within a quick manner.
Commissioner Rademacher concurred with Commissioner Garcia and indicated he believes the license
of the establishment needs to be suspended for a very short period of time in order for the establishment
to come into full compliance. He indicated the Department needs to verify that the critical issues of
non-compliance have been corrected, and then present the findings to the Board through an additional
hearing. He further indicated the Department needs time to inspect the facility in order to verify the
testimony provided by the representatives today, therefore, he proposed a suspension of the license for
a one-week period. He stated he knows a suspension is hard on the employees and the establishment;
however, it is important that the critical issues of non-compliance be addressed. Mr. Barker clarified the
Board may order a suspension of the food service license, and the time period of the suspension may be
held in abeyance pending the results of the inspection at another hearing before the Board.
Commissioner Masden indicated the Board has been presented with a tough situation, and confirmed the
Board is charged with the responsibility to protect the health, safety, and welfare of Weld County residents
in over 900 food service establishments within Weld County. He indicated the violations have been
on-going for a couple of years, he is extremely concerned regarding the illness complaint, and that the
establishment did not send a representative to attend the informal hearing. He stated he concurs with a
Minutes, July 14, 2008 2008-1973
Page 10 BC0016
suspension of the license so that additional training may be provided for the staff, and to ensure that all
of the equipment within the establishment is working correctly. He indicated the establishment has been
experiencing violations for over two years, and the recent personnel issues at the establishment are not
a valid excuse for on-going violations. He confirmed he supports a suspension of the license for a
one-week period.
Chair Jerke stated he does not support a suspension of the food license due to the effect a suspension
will have on the business. He indicated he is concerned about the way the business has recently been run;
however, a suspension will make it difficult to maintain employees, and will send out a panic mood among
the community. He further indicated it will be difficult for the restaurant to recover once the notice of the
suspension is picked up by the press. He stated he understands why the other Board members are in
favor of a suspension; however, he will not support a suspension of the license, rather, he will support a
continuance of the matter. He stated if all of the critical violations have not been adequately addressed
before the next hearing, he will be in favor of revocation at that time.
Commissioner Rademacher indicated he has concerns with residents dining within the facility before the
Board has ensured that all critical violations have been addressed through an inspection to be completed
by the Department. In response to Commissioner Garcia, Mr. Barker clarified the Board may vote to hold
an entire suspension period, or a portion of the suspension period in abeyance, pending the favorable
outcome of an inspection to be completed by the Department. Responding to Commissioner Rademacher,
Mr. Barker stated the Board may order a definite one-day suspension of the license, with the rest of a
specific time period to be held in abeyance, contingent upon a favorable inspection to be completed within
48 hours; however, if the results of the inspection are unfavorable, the suspension may remain in effect
until the end of the set time period. He further stated the Division of Liquor Enforcement issues
suspensions on a regular basis, suspending a liquor license for a certain amount of days, with the
suspension to be held in abeyance for a set period of time to see if the establishment provides
improvement. He indicated the suspension is utilized as an enforcement tool. Commissioner Masden
indicated he supports a suspension of the license for ten days overall, with one day of the suspension to
be actively served in order to allow the Department to complete an inspection of the establishment. He
indicated upon a favorable inspection report, he suggested the remaining nine days of the suspension be
held in abeyance; however, if the report is unfavorable, the remaining suspension period shall be actively
served. Responding to Chair Jerke, Mr. Barker clarified at the end of the ten day suspension period, the
Board will hold another hearing to determine whether the establishment has met the requirements during
the suspension time period, or, if further action is necessary. Chair Jerke indicated the Department could
conduct an inspection within the next two days, and the matter could be reviewed on Wednesday, July 16,
at which time the suspension could be dismissed, or enacted.
Following discussion among the Board,Commissioner Masden moved to issue a seven(7)day suspension
of the Retail Food Establishment License for the Armadillo Restaurant,to be actively suspended for one(1)
24-hour period, to be served on Tuesday, July 15, 2008; and ordered the Department of Public Health and
Environment to conduct an inspection of the establishment on Monday, July 14, 2008, and present the
findings of the inspection at the next regularly scheduled board meeting of Wednesday, July 16, 2008.
He clarified if Department staff has determined that all critical violations have been adequately addressed,
the remaining six (6) days of the suspension shall be held in abeyance, and the establishment shall be
allowed to conduct business; however, if the critical violations have not been adequately addressed, the
establishment shall remain closed the remainder of the week, and the Board will discuss the matter further
at the board meeting on Monday, July 21, 2008. Commissioner Rademacher seconded the motion.
Mr. Barker clarified that if the suspension was designed to protect the health, safety, and welfare of the
public, the suspension will need to start immediately; however, if the suspension is designed as a penalty,
it may occur as stated in the motion made by Commissioner Masden. Trevor Jiricek, Department of Public
Health and Environment, indicated it may be appropriate for the Department to schedule a training with
Minutes, July 14, 2008 2008-1973
Page 11 BC0016
the staff members of the establishment, in order to address the hygienic practice issues of
non-compliance. He clarified it will be most helpful to the Department if the establishment were allowed
to remain in operation today, so that Department staff may observe the practices of the establishment staff
as they are performing their regular duties, otherwise, the Department will only be inspecting an empty
facility. Commissioner Garcia expressed his appreciation to Mr. Jiricek for providing an explanation, and
he concurs that it will be more effective for Department staff to observe the establishment staff performing
their regular duties, therefore he supports the motion for a one-day active suspension to be served on
Tuesday,July 15,2008. Responding to Commissioner Rademacher, Mr.Jiricek confirmed the Department
will be able to send staff to observe the restaurant staff during the lunch hour today. There being no
further discussion, the motion carried unanimously.
(Chair Jerke issued a short recess.)
PLANNING:
CONSIDER PARTIAL CANCELLATION AND RELEASE OF COLLATERAL AND ACCEPTANCE OF
REPLACEMENT COLLATERAL FOR USR#1444- SW CHAMBERS, LLC, DBA HEIT FARMS GRAVEL
PIT: Don Dunker, Department of Public Works, stated the collateral previously accepted by the Board is
for the required off-site improvements for the Heit Farms gravel pit located on County Road 25, between
County Roads 18 and 20. He indicated there have been five instances of tearing within the road, the
maximum tear is approximately the size of a silver dollar, four feet in length. He stated the Operation
Manager of Premier Paving has inspected the road and a solution will be provided soon. In response to
Chair Jerke, Mr. Dunker explained the paving of County Road 25 was required through the Improvements
Agreement, and there have been tears within the road, similar to County Road 18. He indicated the
applicant has contacted Premier Paving to fix the road, and it appears that only the top mat of the road will
need to be fixed. Further responding to Chair Jerke, Mr. Dunker confirmed the warranty collateral is held
for a period of one year, which will be begin once the repairs are completed. In response to Commissioner
Garcia, Mr. Dunker indicated the retained warranty collateral amount will be adequate to address the
Department's concerns. Responding to Commissioner Masden, Mr. Dunker indicated when testing was
previously completed on County Road 18, it was discovered that the road did not contain an adequate
amount of tack. He further stated the tears on County Road 25 appear to be caused by material
deficiencies, and he clarified the shoulders are in good condition, and the road is generally in good
condition. Commissioner Rademacher moved to approve said partial cancellation and release of collateral,
and acceptance of said replacement collateral. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER REQUEST TO REINSTATE APPLICATION FOR PF#1043, SCHEDULE HEARING DATE,
AND WITHDRAW REQUEST FOR REVOCATION OF PZ #1043 - SHERRY LAWLEY: Brad Mueller,
Department of Planning Services, stated Sherry Lawley, the owner of the property, has requested that the
Final Plan application be reinstated, and the Department of Planning Services supports the applicant's
request. He stated Ms. Lawley is further requesting the withdrawal of her previous request to revoke the
zoning of the property from PUD (Planned Unit Development) back to A (Agricultural), in light of the
decision to reinstate the Final Plan application. He further stated there has been additional discussion
between the applicant, her engineers, and Department staff, in order to discuss outstanding issues. He
stated a letter has been sent to the ditch company requesting that the company work in good faith with the
applicant to resolve outstanding issues. He clarified the ditch company has not yet set up a meeting;
however, the company has indicated that it will do so, and the Department of Planning Services will have
a representative present at the meeting to act as an impartial third party. He indicated if the request to
reinstate the application is accepted by the Board, the hearing will be set for August 6, 2008, and he
clarified the property has completed the Change of Zone process, therefore,the property is already zoned
PUD (Planned Unit Development). Responding to Commissioner Rademacher, Mr. Mueller stated Final
Plan applications may be reviewed administratively by Planning staff, or may be reviewed by the Board
Minutes, July 14, 2008 2008-1973
Page 12 BC0016
of County Commissioners; however, the application is not reviewed by the Planning Commission. He
clarified in this instance, the application was expected to be approved administratively; however, the
applicant was not previously able to reach an agreement with the ditch company,therefore,the application
was brought forward to be considered by the Board. Further responding to Commissioner Rademacher,
Mr. Mueller stated if the applicant is able to come to an agreement with the ditch company, it may be
possible to approve the application administratively; however, it is anticipated that the applicant will not be
able to come to reconciliation with the amount of off-site improvements required, therefore, the applicant
will most likely proceed with a hearing before the Board on August 6, 2008. Commissioner Masden moved
to approve said request for reinstatement, set a hearing date of August 6, 2008, and accept said
withdrawal request. The motion was seconded by Commissioner Rademacher. Responding to
Commissioner Rademacher, Mr. Mueller stated the applicant desires to have the matter heard by the
Board as soon as possible, and clarified the applicant has tried to come to agreement with the ditch
company for over a year. There being no further discussion, 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 11:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: gel/,� �t MA
Wil m H. Jerke, Chair
Weld County Clerk to the {�� �( O
i Robert,. Mascenc ro-Tem
BY: f
Deputy Clerk to the Boar. GZ�//2---
William F. Garcia
EXCUSED
David E. Long
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Dougla ademac er
Minutes, July 14, 2008 2008-1973
Page 13 BC0016
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