HomeMy WebLinkAbout20182100.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JULY 9, 2018
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 Administration
Building, Greeley, Colorado, July 9, 2018, 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 Steve Moreno, Chair
Commissioner Barbara Kirkmeyer, Pro -Tern
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Mike Freeman
Also present:
County Attorney, Bruce Barker
Acting Clerk to the Board, Stephanie Frederick
Controller, Barbara Connolly
MINUTES: Commissioner Cozad moved to approve the minutes of the Board of County
Commissioners meeting of July 2, 2018, as printed. Commissioner Conway seconded the motion, and
it carried unanimously.
• AMENDMENTS TO AGENDA: There were no amendments to the agenda.
el CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the Consent Agenda as printed.
Commissioner Freeman seconded the motion, and it carried unanimously.
• PUBLIC INPUT: Bill Gillard, resident of Greeley, extended the Commissioners an invitation to the
Colorado Nightmares football team on Saturday, July 14, 2018. The Commissioners who stated they
planned to attend, also stated they would purchase their tickets and declined free tickets.
BIDS:
1) APPROVE BID #61800045, 2018 BRIDGE REHABILITATIONS - DEPARTMENT OF PUBLIC
WORKS: Rob Turf, Department of Purchasing, presented the six (6) bids received and stated staff
recommends awarding to the low bidder, Don Kehn Construction, Inc. Commissioner Cozad moved to
approve said low bid. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously.
El 2) APPROVE BID #B1800100, GR 44 CR 49 ROADWAY WEATHER INFORMATION SYSTEM -
DEPARTMENT OF PUBLIC WORKS: Mr. Turf presented the four (4) bids received and stated staff would
like to continue this matter. He stated the Colorado Department of Transportation (CDOT) is allowing the
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contractor more time to complete the paperwork relating to the Disadvantaged Business Enterprise.
Commissioner Conway moved to continue said matter to July 23, 2018, which was seconded by
Commissioner Freeman, and the motion carried unanimously.
NEW BUSINESS:
• 1) CONSIDER CONTRACT ID #1890 VICTIM ASSISTANCE AND LAW ENFORCEMENT (VALE)
GRANT CONTRACT FOR LONG TERM CARE AND OMBUDSMAN FRIENDLY VISITOR PROGRAM
AND AUTHORIZE CHAIR TO SIGN: Judy Greigo, Director of the Department of Human Services,
reviewed the application for funds to provide education to long-term care residents, family members, and
facility staff, and to continue the Long-term Care Friendly Visitor and Awareness Program. Commissioner
Conway moved to approve said contract and authorize the Chair to sign. Seconded by Commissioner
Cozad, the motion carried unanimously.
• 2) CONSIDER CHANGE ORDER #1 FOR IT ADMINISTRATION BUILDING REMODEL (BID
#B1800084) AND AUTHORIZE CHAIR TO SIGN — TCC CORPORATION: Toby Taylor, Director of the
Department of Buildings and Grounds, presented a request for a Change Order because during
construction, some essential items needed for the remodel were inadvertently missed which total
$14,398.54. Commissioner Freeman moved to approve said Change Order #1 and authorize the Chair
to sign. The motion, which was seconded by Commissioner Cozad, carried unanimously.
• 3) CONSIDER TEMPORARY ASSEMBLY PERMIT - FRITZLER FARMS, INC., DBA FRITZLER
CORN MAZE: Frank Haug, Assistant County Attorney, reviewed the application for a Temporary
Assembly Permit, for an event being held on July 20, 2018, and stated they will be using their Liquor
Llicense. Mr. Haug noted there are two (2) new buildings which have not been permitted, and the
Department of Buildings Inspections wants to ensure the buildings will not be used during the event.
Trevor Fritzler, resident of La Salle, presented the alternate dates, in case of inclement weather.
Commissioner Cozad moved to grant said Temporary Assembly Permit. The motion was seconded by
Commissioner Kirkmeyer, and it carried unanimously.
• 4) CONSIDER ENTRY UPON VARIOUS LANDS BY WELD COUNTY VEGETATION
MANAGEMENT SPECIALIST: Tina Booton, Weed and Pest Division, reviewed the terms of the request
to enter onto private lands for noxious weed control. In response to Commissioner Conway, Ms. Booton
stated the landowner was sent a certified letter. Commissioner Kirkmeyer moved to grant entry.
Seconded by Commissioner Freeman, the motion carried unanimously.
5) CONSIDER TEMPORARY CLOSURE OF CR 63 BETWEEN CRS 59 AND 398: Amy Joseph,
Department of Public Works, presented the closure effective July 10, 2018, through July 13, 2018, for an
irrigation culvert replacement, which is partially collapsing. She stated staff will use water for dust
abatement. Commissioner Cozad moved to approve said temporary closure. The motion was seconded
by Commissioner Freeman, and it carried unanimously.
• 6) CONSIDER TEMPORARY CLOSURE OF CR 105 BETWEEN STATE HIGHWAY 14 AND CR
390: Ms. Joseph stated this closure will begin on July 16, 2018, through November 15, 2018, for the
County Road 105 construction project. She stated staff will use standard road signs and barricades and
the detour routes have been treated with magnesium chloride for dust abatement. Commissioner Conway
moved to approve said temporary closure. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
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HEALTH OLD BUSINESS:
• 1) CONSIDER SUSPENSION OF COLORADO RETAIL FOOD ESTABLISHMENT LICENSE -
DENO'S 1-76 RESTAURANT AND LOUNGE (CONT'D FROM 6/27/2018): Gabri Vergara, Department of
Public Health and Environment, stated the operator hired a consultant, but they have not received any
updates from him. Lorenzo Garcia, owner of Deno's 1-76 Restaurant and Lounge, stated he hired Steve
Chevalier, Food Safety Consultant, who reported his background and experience. Mr. Chevalier stated
for twelve (12) years he worked at the Tri-County Health Department and recently started his own
consulting business.
• Dan Joseph, Department of Public Health and Environment, began his presentation and stated the
on -site training has not yet occurred. In response to Commissioner Conway, Mr. Joseph stated the
consultant is under contract, but no training has occurred. Mr. Garcia stated he will close the restaurant
on Monday, July 16, 2018, to allow for training and get help with cooling and cold holding. In response to
Commissioner Cozad, Mr. Joseph stated it would be preferable to have the training completed this week
and staff will do follow-up inspections. He suggested the consultant work with the operator and staff on
cold holding and cooling until they complete the training. Mr. Chevalier stated he will work with the staff
this week and submit a report to the Department of Public Health and Environment. In response to
Commissioner Kirkmeyer, Darlene Chernaton, restaurant manager, stated it was difficult to find a
consultant to hire because of the holiday and they needed to work with schedules for all restaurant staff,
but it will be mandatory that all seventeen (17) will receive the training on July 16. Mr. Chevalier stated
he has not done any training at the facility, but has only visited the restaurant and will complete a three
(3) hour inspection. In response to Commissioner Kirkmeyer, Mr. Chevalier stated the exam for Food
Safety must be administered by a Certified instructor, and it will be important to give Ms. Chernatan a
few days to study and complete the exam. = Commissioner Kirkmeyer suggested continuing this
matter for two (2) weeks. She stated staff and management must complete the Food Safety Training by
July 16, 2018, the accredited Food Safety Training for management be completed by July 23, 2018, and
one (1) inspection by the Department of Public Health and Environment must be done prior to July 23,
2018. She also stated the consultant must submit a report to the Department of Public Health and
Environment. Commissioner Kirkmeyer moved to continue this matter to July 23, 2018, which was
seconded by Commissioner Freeman, the motion carried unanimously. Commissioner Kirkmeyer stated
she is willing to continue this because Mr. Lorenzo has shown initiative to correct the violations.
• 2) CONSIDER SUSPENSION OF COLORADO RETAIL FOOD ESTABLISHMENT LICENSE -
TAQUERIA LA SIERRA: Ms. Vergara presented a list of items the operator has completed since the
suspension, stating they have hired and met with a consultant, but are still cooling food products, which
was an earlier condition; and there are still multiple violations occurring during the inspections. She stated
the operator and two (2) of his staff have taken the Serve Safe course and test; however, they are not
applying the knowledge learned. Mr. Joseph presented a summary of the hearing on June 11, 2018,
reiterating the Board voted to suspend the license until the operator hired a Food Safety Consultant.
• Mr. Joseph stated the restaurant was still operating, even though their license was suspended. He
explained there have been no changes made in reference to the operations of the restaurant since the
last Board meeting and he reviewed the options for the Board. In response to Commissioner Cozad, Mr.
Joseph stated if the Board decided to revoke the license, Mr. Florez would have to go through the process
of obtaining a new ownership and the Department of Public Health and Environment can impose the
conditions as part of reopening. There is a State statute which allows up to a one -month suspension.
• Clemente Florez, resident of Brighton, stated he didn't know that he wasn't allowed to cool foods
and now that he is aware of this, he will not be cooling any food items. He completed the Serve Safe
Certification course, hired a consultant and a pest control company. He stated he has copies of different
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manuals of how to safely handle different food items around the kitchen area for employees to review.
Mr. Clemente presented the different signs he has also made for his employees. Mr. Florez stated the
cook is using a food temperature log and checks the temperature every two (2) hours. Mr. Florez stated
he can provide a receipt as evidence that he had a pest control company come to his restaurant and treat
for pests. In response to Commissioner Kirkmeyer, Mr. Florez stated he has not had contact with the
previous consultant, although he completed the training. Mr. Joseph stated they found out through the
consultant that Mr. Florez had completed the training on June 28, 2018. Mr. Joseph stated the consultant
does not have to administer the Serve Safe course, but it can be done online. In response to
Commissioner Kirkmeyer, Mr. Florez stated he didn't have the correct information to hire another
consultant. He stated he has been in contact with George Ramirez, a Food Safety consultant, but has
not scheduled anything. = Mr. Florez stated he needs to hire a manager with more experience with
food handling, and he needs to be careful and obtain more training for his employees. Commissioner
Kirkmeyer confirmed Mr. Florez understands the Board has the option to revoke his license, or that he
have his license suspended for fifteen (15) days. Mr. Joseph stated the Department of Public Health and
Environment has not received any complaints regarding this restaurant.
Commissioner Cozad clarified that two (2) days after the consultant visited the restaurant and during
the inspection by the Department of Public Health and Environment, they discovered the operator
improperly cooling meat after he was specifically advised not to. She stated she believes there needs to
be intensive training done with a consultant. Commissioner Cozad stated this is for public safety, and the
owner's responsibility is to make sure he understands the rules. Mr. Joseph reviewed how staff has tried
to assist Mr. Florez with compliance. = Commissioner Kirkmeyer stated the owner does not
understand the seriousness of the violations, and she is concerned with the risk to the public's health.
Commissioner Conway stated he is not in agreement with revoking the license; he would like to suspend
the license so the operator can complete the list, hire a trained food manager and verify when the next
pest control treatment will occur. eAfter further discussion, Mr. Joseph explained if the operator would
sell the restaurant, the suspension is lifted, because a new owner would have to apply for a new license
and the suspension goes with the license, not the operator. Bruce Barker, County Attorney, explained
the conditions can be placed on the new license. Mr. Joseph stated staff could ensure that the new
operators hire a pest control company and make sure all the staff is trained. Commissioner Cozad stated
three (3) days of suspension is not enough time to address the issues and there needs to a minimum of
ten (10) days suspension. Mr. Joseph suggested the Board close the restaurant for a total of fifteen (15)
days. Commissioner Cozad suggested closing the restaurant for fifteen (15) days, have staff and
management complete certified food safety training, hire an extermination company to clean up the
restaurant, and have the consultant return after the restaurant reopens to observe operations.
Commissioner Freeman concurred with Commissioner Cozad. Mr. Joseph clarified the timeframe of
completing inspections and bringing this back to the Board. Mr. Barker stated the hearing is
continued until the suspension is lifted. Commissioner Cozad moved to suspend the Colorado Retail
Food Establishment License, for Taqueria La Sierra until July 24, 2018, and continue this matter to July
30, 2018. Seconded by Commissioner Conway; it carried unanimously. Commissioner Conway clarified
the inspection will be done on July 20, 2018, the suspension will be fifteen (15) days and all items listed
by staff will need to be completed. He implored Mr. Florez to seek assistance from the Department of
Public Health and Environment.
PLANNING:
el 1) CONSIDER REVIEW OF CONDITION OF APPROVAL #1.C OF MAJOR AMENDMENT USE
BY SPECIAL REVIEW PERMIT, 1MJUSR17-15-0019 - ANNE BACKSTROM, 0/O COMMUNITY
POWER GROUP, LLC: Chris Gathman, Department of Planning Services, stated the Major Amendment
was approved on January 24, 2018, and presented a brief explanation of Condition of Approval #1. C.
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He stated the applicant is requesting a mesh screening on a chain link fence for satisifaction of the
screening requirements. Mr. Gathman stated a mesh fence would be more prone to wear and tear from
the elements. Jake Bobrow, representative of Grid Alternatives, explained the solar facility is located in
the middle of a farm field, and a mesh fence would significantly reduce screening costs. He stated the
owner's home is located along the northwest and there is also a visible oil and gas facility. He stated to
reduce the cost of screening, their most cost effective solution would be to install the mesh fencing only
along the north side, or not to have to install decorative fencing. In response to Commissioner Conway,
Mr. Bobrow stated a security fence is required by electrical code. In response to Commissioner Cozad,
Mr. Bobrow stated he has not met with the neighbors who, will be impacted by the fence. Commissioner
Kirkmeyer clarified the nearest home is located to the north of the facility. She stated the fence will need
to be maintained. Mr. Bobrow stated the mesh fencing is guaranteed for five (5) years, and there is a
budget available for the maintenance of the facility. No public testimony was offered concerning this
matter. Commissioner Kirkmeyer moved to approve the updated Screening Plan to satisfy Condition of
Approval #1.C, allowing a mesh fence with slats which will be installed along the north side. The motion
which was seconded by Commissioner Conway, it 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 Clerk to the Board.
There being no further business, this meeting was adjourned at 10:33 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Clerk to the
Steve Moreno, Chair
r
e.... b ir� eye�Pro-Tem
Sean P. Conway
Mike Freeman
Minutes, Monday, July 9, 2018
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ATTENDANCE LIST
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