HomeMy WebLinkAbout20072102.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JULY 23, 2007
TAPE #2007-21
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 23, 2007, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Acting Chair Pro-Tem and on roll call the following
members were present, constituting a quorum of the members thereof:
Commissioner David E. Long, Chair- EXCUSED
Commissioner William H. Jerke, Pro-Tem - EXCUSED
Commissioner Robert D. Masden, Acting Chair Pro-Tem
Commissioner William F. Garcia
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 Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of July 18,2007, as printed. Commissioner Garcia seconded the motion, and it
carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Rademacher moved to approve the Certification of
Hearings conducted on July 18, 2007, as follows: 1) USR#1607-Henry Johnston,c/o Donald Eymann;
and 2) USR #1569 - The Berthoud Gun Club, 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 Garcia seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
2007-2102
BC0016
or/ 3/0 -7
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $332,534.24
Commissioner Garcia moved to approve the warrants as presented by Mr. Warden. Commissioner
Rademacher seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER PURCHASE OF SERVICES AGREEMENT FOR HEAD START MEALS AND AUTHORIZE
CHAIR TO SIGN-WELD COUNTY SCHOOL DISTRICT RE-1: Walt Speckman,Director,Department of
Human Services, stated the agreement provides meals for children enrolled in the Head Start Program
during the school year. In response to Acting Chair Pro-Tem Masden,Mr.Speckman stated the meals are
served in each school cafeteria; however, they are sometimes prepared in a centralized school district
kitchen. Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER PURCHASE OF SERVICES AGREEMENT FOR PRESCHOOL SERVICES AND AUTHORIZE
CHAIR TO SIGN - WELD COUNTY SCHOOL DISTRICT RE-1: Mr. Speckman stated the Colorado
Preschool Program is offered in conjunction with the Head Start Program, and the agreement provides
funding in the amount of$128,924.50. Commissioner Garcia moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Rademacher,the motion carried unanimously.
CONSIDER CONSULTANT AGREEMENT FOR MIGRANT/SEASONAL HEAD START PROGRAM
SERVICES AND AUTHORIZE CHAIR TO SIGN - ROXANNE CALDERONE: Mr. Speckman stated the
consultant, Roxanne Calderone, will provide health screenings for children enrolled in the Migrant and
Seasonal Head Start Program on the western slope. Commissioner Garcia moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Rademacher,the motion carried
unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 57 BETWEEN CR 96 AND STATE HIGHWAY 14: Wayne
Howard, Department of Public Works,stated County Road 57,between County Road 96 and State Highway
14, was closed from July 12, 2007, through July 15, 2007, due to emergency flooding conditions.
Commissioner Rademacher moved to approve said temporary closure. Seconded by Commissioner
Garcia, the motion carried unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO COUNTY BRIDGE 87/42.5 AND AUTHORIZE CHAIR TO SIGN NECESSARY
DOCUMENTS-EQUUS FARMS, INC.: Leon Sievers, Department of Public Works,stated this is the third,
and last, parcel to be acquired for the federally funded bridge project to be completed on County Road 87.
He stated 4.34 acres of right-of-way, in four separate parcels, will be acquired for a total of$17,360.00,
which equates to$4,000.00 per acre. He further stated 0.273 acre of permanent easement will be acquired
for an amount of$983.00, and 0.143 acre of temporary construction easement,for an amount of$57.00.
He clarified all valuations were based upon an appraisal report provided by Foster Valuation Company,and
the total reimbursement amount is$18,400.00. In response to Commissioner Rademacher, Mr. Sievers
stated the right-of-way to be acquired is along the river bottom, and it is commonly used for recreational
purposes. Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign
any necessary documents. Seconded by Commissioner Garcia, the motion carried unanimously.
Minutes, July 23, 2007 2007-2102
Page 2 BC0016
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - RONALD BLEHM: Christopher
Woodruff,Assessor,stated the petition is for tax year 2006,and staff recommends approval. He stated the
parcel was split and the account was not properly deleted,therefore,the property was double assessed.
He stated approval of the petition will yield a refund in the amount of$1,832.98. Commissioner Garcia
moved to approve said petition.Seconded by Commissioner Rademacher,the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-MELISSA MCLAVEY: Mr.Woodruff
stated the petition is for tax year 2005, and the value was adjusted during the protest period for tax year
2006;therefore,the petitioner is exercising the right to request the same appraisal value for 2005. He stated
staff recommends approval of a refund in the amount of$4,085.20. Commissioner Rademacher moved
to approve said petition. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - TOWN OF FIRESTONE:
Mr.Woodruff stated the petition is for tax years 2005 and 2006,and the parcel of land has been conveyed
to the Town of Firestone,therefore,it is tax exempt. He stated staff recommends approval of the petition,
resulting in a refund in the amount of $1,283.10 for 2005 and in the amount of $1,307.98 for 2006.
Commissioner Rademacher moved to approve said petition. Seconded by Commissioner Garcia, the
motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-107 SOUTH IRENEAVENUE,INC.,
AND MILLIKEN FIRE PROTECTION DISTRICT: Mr. Woodruff stated the Assessor's Office filed this
petition on behalf of the Milliken Fire Protection District. He stated the property was originally conveyed to
the Milliken Fire Protection District from 107 South Irene Avenue, Inc.,through a financing arrangement,
which is a lease/purchase arrangement. He stated the Milliken Fire Protection District now has the title to
the property,therefore, it is exempt,and staff recommends approval of the petition resulting in a refund in
the amount of $4,674.62. Commissioner Garcia moved to approve said petition. Seconded by
Commissioner Rademacher, the motion carried unanimously.
HEALTH NEW BUSINESS:
CONSIDER AUTHORIZATION FOR WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION
AGAINST MOBILE RETAIL FOOD ESTABLISHMENT FOR VIOLATION OF WELD COUNTY CODE -
SANDY'S CATERING: Trevor Jiricek, Department of Public Health and Environment, stated a
representative of the establishment is currently on the way to the meeting,and he was mistakenly sent to
the Department of Public Health and Environment after arriving at the Centennial Center for the hearing.
Acting Chair Pro-Tem Masden issued a short recess to allow time for the representative to arrive for the
proceedings.
Upon reconvening, Mr.Jiricek stated the Department is requesting that the Board of County Commissioners
direct the County Attorney to pursue legal action against the catering business to recover assessed civil
penalties, and to order the business to cease operations until it comes into full compliance regarding food
service requirements. He stated Sandy's Catering operates a mobile unit based within the City of Greeley,
and the business has failed to pay fora 2007 Retail Food Establishment License. He further stated several
notices outlining the violations have been sent to the business owner, and the business notified the
Department of its intentions to cancel the license and sell the mobile units. Mr.Jiricek stated Dan Joseph,
Department of Public Health and Environment, discovered both mobile units operating without valid
licenses in May,2007,and then again in June,2007. He stated a photograph of the units in operation has
been provided for the Board's review,as well as a timeline and summary of correspondence between the
company and Department staff. He summarized the Department has a lengthy history of non-compliance
with the business,and stated Marcella Swain, Department of Public Health and Environment,will translate
for Juan Balcazar, Sandy's Catering representative, as he does not speak English. In response to
Commissioner Rademacher,Mr.Joseph stated the business owners have moved residences several times
Minutes, July 23, 2007 2007-2102
Page 3 BC0016
since the first complaint was received in 2004, and many of the complaints against the business were
initiated by surrounding property owners within the City of Greeley.
Mr. Balcazar,through the translation of Ms.Swain,stated it is true that he has had several problems since
the first complaint was received in 2004; however, he believes he has never operated without a license.
He further stated his neighbors complained in 2004 that he was preparing food in his home; however, no
proof of the allegation was ever found after staff inspected his home. He further stated he realizes that
when he was approached by Mr.Joseph in May,2007,that he did not have a valid license, but because of
the winter storm,he did not renew his license in early 2007 because he had not been working for more than
four months. He clarified he had only been selling for fifteen days before he was caught by Mr.Joseph for
selling without a license; however, he had tried to obtain a license from the Department of Public Health and
Environment. He stated when he visited the Department to renew his license, he was told he had to pay
a $250.00 civil penalty. He stated he requested to pay the civil penalty through a payment plan, and the
Department refused,stating that it had to be paid in full,along with the license fee. He clarified he now has
the proper funds to pay the penalty and fee;however,he now desires to work within the City of Fort Collins
instead, therefore, he completed the necessary paperwork to obtain a license with Larimer County. In
response to Commissioner Masden, Mr. Balcazar stated he has never conducted business within the City
of Greeley. Mr. Jiricek clarified Mr. Balcazar has conducted business within the unincorporated portions
of Weld County,and the Town of Windsor. Mr.Balcazar confirmed he has conducted business within Weld
County; however, once he was caught selling he was actually on his way to sell within the City of Fort
Collins. Commissioner Masden stated the real issue is that Mr. Balcazar has been conducting business
within Weld County without the proper license. Mr.Jiricek clarified Retail Food Establishment Licenses are
issued by the State,therefore,a license issued in Larimer County is the same as a license issued in Weld
County, and a license provides the right for a mobile unit to operate statewide. He stated staff has been in
contact with staff at the Larimer County Department of Public Health and Environment, and the approval
of a license from Larimer County will allow Mr. Balcazar to operate in Weld County as well. He further
stated staff has sent Mr. Balcazar numerous notices regarding the renewal of his license, and he was
verbally contacted by telephone, at which time he informed the Department he would not need a license
since he planned to sell the mobile units. He further clarified Mr. Balcazar informed staff that he would sell
the units;however,he was caught in operation on two separate occasions. He stated the fine Mr.Balcazar
referred to is a fine assessed to establishments which continue to operate without a valid license, after
receiving at least four written notices and one verbal notice that renewal of the license is required. He
confirmed that Mr.Balcazar did come to the Department and talked with staff regarding renewing his license
after he was caught by Mr.Joseph; however,he left without paying the fine since the Department does not
have the authorization to setup payment plans for penalty fines.
In response to Commissioner Rademacher,Mr.Joseph stated a license was obtained for both mobile units
for year 2006, and during year 2005 only the white unit was licensed. He clarified the red unit was
discovered to be in operation in year 2005, and a civil penalty was assessed to bring the unit into
compliance,therefore, Mr. Balcazar has previous knowledge of the licensing requirements, including the
requirement to pay civil penalties. Further responding to Commissioner Rademacher, Mr.Joseph stated
each unit must be licensed separately,and clarified the white truck was found operating in May 2007,and
both trucks were found in operation in June,2007. Mr.Barker stated Mr. Balcazar needs to be made aware
that a separate license is required for each unit in operation, and in response, Mr. Balcazar stated he
understood;however,he has only been utilizing one unit,not both units. Mr.Jiricek clarified the photograph
provided to the Board clearly indicates both units in operation during the June,2007 violation. Mr.Balcazar
reiterated he is currently in the process of obtaining a license through Larimer County.
Commissioner Garcia requested Ms.Swain to inform Mr. Balcazar that his conversation is with the Board,
and the interpreter should only be utilized to interpret what he wishes to say to the Board from Spanish to
Minutes, July 23, 2007 2007-2102
Page 4 BC0016
English,and the Board's response from English to Spanish. He stated Mr. Balcazar should not be having
discussions with the interpreter that are not directed to the Board.
Mr. Balcazar reiterated he was only operating one unit when he was caught by Mr.Joseph, at which time
Mr.Joseph asked him if had a license. He stated he responded to Mr.Joseph that he did not have a license
because he had just started working again and he did not have enough money due to the recent winter
storm. He further stated he went to the Department to pay for his license, at which time the secretary
notified him that he owed a$250.00 civil penalty fee in addition to the$150.00 license fee. He stated he was
not able to create a payment plan for the$250.00 fee,therefore, he decided to travel to Fort Collins to apply
in Larimer County. In response to Commissioner Garcia, Mr. Balcazar confirmed he currently owns two
units.
In response to Commissioner Rademacher,Mr.Jiricek stated the letter to the applicant,dated July 9,2007,
outlines the requirements for the operation to come into compliance. He clarified$1,000.00 in penalties has
been assessed against the two units,for operating on multiple occasions without the proper licenses. He
stated Mr. Joseph observed Mr. Balcazar operating without a license for the first time on May 17, 2007;
however,Mr. Balacazardid not make an attempt to obtain a license until June 21,2007. Mr.Joseph clarified
Mr. Balcazar came to the Department on June 21, 2007; however, he did not pay the fine since he did not
have the required amount of money. He clarified Mr. Balcazar was caught in operation again on June 29,
2007, at which time he observed both trucks in operation without a valid permit. Mr.Jiricek reiterated Mr.
Balcazar received three written notices and a phone call at the beginning of 2007, notifying him that the
license needed to be renewed,and Mr. Balcazar indicated the units would not in operation during 2007. In
response to Mr. Barker, Mr. Jiricek stated the license is a calendar year license, and it expires on
December 31 of each year. Mr.Balcazar stated he received the letter notifying him that he needed to renew
the license right after the large winter storm in December,2006. He stated he contacted the Department
and notified staff that he was not operating due to the storm, and requested his license be placed on
standby until he was ready to begin operations again; however, staff told him he could not place it on
standby. He further stated he requested his license be terminated since he would not be operating,and he
has proof that both vehicles were put away for the four months that he did not operate. In response to Mr.
Barker, Mr. Balcazar stated he has already paid the required fees to Larimer County to obtain a license for
one vehicle. Mr. Joseph stated he has been in contact with staff in Larimer County, and he was informed
that Mr.Balcazar did not have all of the required paperwork to obtain the license,therefore,it was not issued
to Mr. Balcazar. He clarified Larimer County will not issue a license to Mr. Balcazar until all of the issues
within Weld County are resolved. He reiterated that Mr. Balcazar is not currently licensed through either
County. In response to Commissioner Rademacher, Mr. Joseph explained the required fines and fees,
which total approximately$1,500.00. In response to Commissioner Rademacher, Mr.Balcazar stated he
was not aware of the total of the fines and fees necessary to come into compliance. Commissioner
Rademacher reminded Mr.Balcazar that Larimer County will not issue a license until the required fines are
paid in Weld County, and Mr. Balcazar responded he was not aware of the situation; however, he now
understands.
Mr. Jiricek stated the required fines and fees were included in the letter dated July 9, 2007, which was
hand-delivered to Mr. Balcazar. Mr. Barker stated he believes it is more important to make sure
Mr. Balcazar obtains his license and comes into compliance than to seek to collect the required fines.
Mr.Jiricek stated the Board has been presented with violations from other establishments which have failed
to obtain a license,and in each instance,the penalty fees were not waived. He suggested the Board waive
half of the required fine in order to help Mr.Balcazargetthe situation under control,and in fairness to other
establishment owners who have paid the fines in full. He reiterated the primary concern of the Department
is the safety of the public. Commissioner Garcia stated Mr. Balcazar seems to be confused about what
licenses are needed and what charges need to be paid; however, it appears Mr. Balcazar has been in
operation on numerous occasions. He stated he is in favor of waiving half of the required fines in order for
Minutes, July 23, 2007 2007-2102
Page 5 BC0016
Mr. Balcazar to obtain a license and operate in compliance. Commissioner Rademacher stated he is in
favor of a waiver as well; however,the waiver needs to be conditional upon Mr. Balcazar completing the
required steps to obtain a license within 30 or 60 days. Acting Chair Pro-Tem Masden stated the license
needs to be obtained as soon as possible, and it seems feasible to waive half of the penalty fees. In
response to Commissioner Rademacher, Mr.Jiricek stated 30 days will be sufficient to allow Mr.Balcazar
to obtain a license. Acting Chair Pro-Tem Masden stated the matter will be referred to the County Attorney's
Office for legal action if Mr. Balcazar does not obtain a license within 30 days.
Commissioner Rademacher moved to assess a civil penalty of$500.00 and to approve authorization for
the County Attorney to proceed with legal action against Sandy's Catering,and any persons acting in active
concert with the identified business,to remedy violations of the Weld County Code and Section 25-4-16,
C.R.S.,with the instruction for delay of action of such referral until August 25,2007,to allow adequate time
for the submittal and approval of a Retail Food Establishment License. The motion was seconded by
Commissioner Garcia. Mr. Balcazar stated he understands what he must do to come into compliance;
however,he needs to be able to continue to conduct business in order to gather the funds necessary to pay
the penalty fee. He stated he has already paid the required fees for a Plan Review and food service license
through Larimer County. Acting Chair Pro-Tem Masden explained to Mr. Balcazar that the Board cannot
give authorization for him to continue operations without the proper license. Commissioner Rademacher
explained to Mr. Balcazarthatthe Board did agree to waive half of the required penalty fees and encouraged
him to obtain the necessary license as soon as possible. Mr. Balcazar stated he will come up with the
money and will try to pay the required fees and fines. He explained to the Board that he believes Mr.Jiricek
and Mr. Joseph have harassed him and followed him to try and catch him on many occasions. He stated
he has called to complain several times that other units are also in operation without a license,and he has
been told by staff that there is only one inspector,therefore there is not enough time to follow-up on every
complaint. He further stated he realizes they do not have the time to research every complaint; however,
Department staff always seem to have the time to follow him, and even film him. Commissioner
Rademacher stated enforcement is done by staff on a complaint-driven basis,and staff works to follow-up
on every complaint turned into the Department. Mr. Balcazar stated many of the same operators he has
complained about are still in operation, and he can provide pictures to prove his point. Acting Chair
Pro-Tem Masden stated violations of other operators are an entirely separate issue,and the Board is only
allowed to take action on the issue presented today,and he reminded Mr. Balcazarthatthe Board has been
generous to reduce the required penalties fees by half. Mr. Balcazar stated he will pay his fines;however,
he just wanted to let the Board know that he is not the only operator in Weld County that is not in
compliance. 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.
Minutes, July 23, 2007 2007-2102
Page 6 BC0016
There being no further business, this meeting was adjourned at 10:25 a.m.
BOARD OF COUNTY COMMISSIONERS
�� WELD COUNTY, COLORADO
ATTEST: LIS ' EXCUSED
r 'tD4em1K
E. Long, Chair
1
Weld County Clerk to the Boar.
r ' ► EXCUSED
William H. Jerke Pro-Tem
Dep Cler o the Board (4 L/
Willis F Ga"rc'a v
Robe D. Masden, Acting Chair Pro-Tem
%
Douglas �demacher
Minutes, July 23, 2007 2007-2102
Page 7 BC0016
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