HomeMy WebLinkAbout20181995.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 27, 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, June 27, 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-Tem
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Mike Freeman
Also present:
County Attorney, Bruce Barker
Acting Clerk to the Board, Amanda Petzold
Controller, Barbara Connolly
el MINUTES: Commissioner Cozad moved to approve the minutes of the Board of County
Commissioners meeting of June 25, 2018, as printed. Commissioner Kirkmeyer seconded the motion,
and it carried unanimously.
• AMENDMENTS TO AGENDA: There were no amendments to the agenda.
El CONSENT AGENDA: Commissioner Freeman moved to approve the Consent Agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
PRESENTATIONS:
• 1) RECOGNITION OF SERVICES, DEPARTMENT OF HUMAN SERVICES - JACQUELYN
HIGINBOTHAM: Commissioner Moreno read the plaque into the record. Judy Griego, Director of the
Department of Human Services, acknowledged Ms. Higinbotham's commitment to the Human Services
Department. Jamie Ulrich, Department of Human Services, commented on Ms. Higinbotham's influence
on streamlining the contract process. Ms. Higinbotham expressed gratitude for the experiences she
gained throughout her employment with Weld County, and stated she was grateful for the opportunities
of giving back to the local community. Commissioner Freeman encouraged her to enjoy her family and
friends. Each Commissioner expressed appreciation for her dedication to the County, and commented
on the difference she created within the community. (Clerk's Note: Meeting was paused for a photo
opportunity)
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• PUBLIC INPUT: Bill Gillard, resident of Greeley, invited the Board to a football game of the
Northern Colorado Nightmare's, a local minor league team, and encouraged support for the football team.
Each Commissioner expressed thanks for promoting Weld County and all mentioned making an effort to
attend and support the team during the season.
El Steve Teets, resident of Greeley, spoke regarding the Medicaid rides and public transportation
services available for citizens of Weld County to travel to and from medical appointments. He stated
many citizens have expressed disappointment in the transportation services not running on time. He also
inquired on progress related to Hill -N -Park. Commissioner Cozad recommended additional transportation
services for Mr. Teets to look into, and she commented on the progress made in Hill -N -Park. She advised
the current status of Hill -N -Park is on energy efficient upgrades (e.g. new roofs), and she advised of a
group, Youth for Christ, who are targeting their summer nonprofit work for Hill -N -Park aesthetics
(e.g. painting). Mr. Teets further spoke on the HWY 34 Express, stating the service is still one of great
need. He suggested a solution of an RTA (Regional Transportation Authority), which will allow for travel
further west of 1-25. He inquired on the progress of the Charter Committee, and the Board advised that
the committee will meet tonight at 6:30p.m., and further advised a report will be presented by
July 23, 2018, to the Board of County Commissioners.
BIDS:
la 1) PRESENT BID #B1800123, SOUTHWEST SERVICE CENTER CONTROLS REMODEL -
DEPARTMENT OF BUILDINGS AND GROUNDS: Rob Turf, Department of Purchasing, stated staff
received one (1) bid, and will review and bring back a recommendation on July 11, 2018.
NEW BUSINESS:
el 1) CONSIDER ATTESTATION STATEMENT FOR ACCEPTANCE OF CHILD WELFARE
ALLOCATION AWARD AND AUTHORIZE CHAIR TO SIGN: Ms. Ulrich stated the funds are in addition
to the Child Welfare Block funding and will allow a total of 5.75 FTE, new hires for the Child Welfare
Division, in the amount of $388,339.00. Ms. Ulrich stated the funds would be used to hire a Child Welfare
Deputy Division Head, a Child Welfare Permanency Caseworker, and a Child Welfare Foster Care
Coordinator. Commissioner Kirkmeyer thanked the Department of Human Services for their commitment
to ensuring a proper allocation of funds for the services needed by the youth of Weld County.
Commissioner Kirkmeyer moved to approve said acceptance of allocation award and authorize the Chair
to sign. The motion was seconded by Commissioner Conway, and it carried unanimously.
• 2) CONSIDER TRANSFER REQUEST FOR TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
(TANF) FUNDS AND AUTHORIZE ELECTRONIC SUBMITTAL: Ms. Ulrich stated the transfer request
allows transfers of funds from the Temporary Assistance for Needy Families (TANF) program into
Title XX and/or the Child Care Development Fund. She stated once the closeout process is completed,
and it is determined the County is not covered by surplus distribution in the programs, the TANF transfers
would be used to cover any over -expenditures. Commissioner Cozad moved to approve said transfer
request of funds and authorize electronic submittal. The motion was seconded by Commissioner
Freeman, and it carried unanimously.
• 3) CONSIDER CONTRACT ID #1932 MEMORANDUM OF UNDERSTANDING FOR 1451
COLLABORATIVE MANAGEMENT PROGRAM WITH VARIOUS AGENCIES AND AUTHORIZE
DIRECTOR OF HUMAN SERVICES TO SIGN: Judy Griego, Director of Department of Human Services,
stated the Memorandum of Understanding took several months to develop with the ten mandated
partners who are under State statute to look at a collaborative management program and a planning
process for Weld County. She stated the Memorandum of Understanding's (MOU) deadline for State
submittal is June 30, 2018. She stated the MOU does meet the initial intent of the contract, which focuses
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on multi -agency processes to include many stakeholders in Weld County. Bruce Barker, County Attorney,
stated Ms. Griego had communicated via email with all partners, which included the draft of the MOU,
and stated James Hartmann, Weld County District Court Chief Judge, took exception with some of the
statements regarding statutes; therefore, Judge Hartmann would not be signing off on the MOU, and it is
a requirement of the State that all mandated partners sign. Mr. Barker asked the Board how they would
like to move forward, identifying the three (3) options the Board can take: 1) Take the item off the agenda,
2) Continue the item, or 3) Vote on the item today. Commissioner Cozad asked if all other mandated
partners have agreed to sign the MOU, and Ms. Griego advised she has not received definitive answers
by all members. She reiterated the deadline of June 30, 2018; therefore, continuing the item is not an
option. Ms. Griego stated staff's recommendation is to move forward with Board approval, and she will
continue to further communicate with the mandated partners to work toward full agreement.
• Commissioner Kirkmeyer added for the record, a year ago Ms. Griego sent a letter to all mandated
partners, which stated there appeared to be a conflict with the service provider who was running the
collaborative management program. The letter stated the County wished to pursue looking into the
collaborative management program for a solution that worked for each partner. Since sending the letter,
Ms. Griego retained an outside facilitator to meet with the group and have the discussions throughout the
collaborative process, which embodies the comprehensive approach taken throughout this collaborative
process. Commissioner Kirkmeyer stated, as a community, an MOU is not required to work with the
County's partners. She added the MOU is to gain incentive and additional funds, and she encouraged
approval by the Board so Ms. Griego can continue to move forward with the other mandated partners.
Commissioner Kirkmeyer indicated the incentive funds total about $235,000.00.
• Commissioner Conway asked about all the other partners' participation, and Ms. Griego stated the
other partners would like to see Judge Hartmann agree. Ms. Griego does see the other partners agreeing
with this version because it represents much of what Judge Hartman expressed. She indicated the
disagreement is with the non -mandated partners having voting rights. Commissioner Kirkmeyer added,
regardless of the MOU approval, the partnership will still exist. She advised the County has already
pledged an additional $84,000.00, which would come from the Child Welfare Block Grant, to choose a
coordinator to report to the partnership. Commissioner Kirkmeyer explained the funding process and
timeline, and pointed out that next year the County will try again for the incentive funds, in the event the
County does not get all mandated partners to sign off on the MOU.
• Commissioner Freeman stated he agrees with what has been said, but feels that approval is
necessary to leave an opportunity for progression with the other partners. Commissioner Moreno
commented on the multiple conversations he has had with the other partners, and he explained most
partners seem willing to sign for approval. Commissioner Cozad moved to approve said agreement and
authorize the Director of Human Services to sign. The motion was seconded by Commissioner Freeman,
and upon a roll call vote, the motion passed four to one, with Commissioner Conway opposed.
• 4) CONSIDER CONTRACT ID #1931 MEMORANDUM OF UNDERSTANDING FOR FAMILY
UNIFICATION PROGRAM WITH VARIOUS AGENCIES AND AUTHORIZE CHAIR TO SIGN: Ms. Ulrich
stated the Department entered into a Memorandum of Understanding (MOU) on July 14, 2016, with an
ending term date of June 30, 2021, for the Family Unification Program which identified current foster care
youth as the primary target population for services. Ms. Ulrich further mentioned on June 13, 2018, the
State issued a new MOU, to serve identified families involved in Child Welfare and former foster youth,
in addition to current foster care youth. She further advised the new MOU still has the same term.
Commissioner Freeman moved to approve said MOU and authorize the Chair to sign. The motion, which
was seconded by Commissioner Kirkmeyer, carried unanimously.
El 5) CONSIDER AGREEMENT RENEWAL FOR PROVISION OF COMMUNITY CORRECTIONS
SERVICES AND AUTHORIZE CHAIR TO SIGN - INTERVENTION, INC., DBA INTERVENTION
COMMUNITY CORRECTIONS SERVICES (ICCS): Doug Erler, Department of Justice Services, stated
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the renewal agreement has been reviewed by staff and the Board in a work session, and both the Finance
Department and the County Attorney have approved it. Commissioner Kirkmeyer confirmed her
suggested revision is reflected in the final version of the contract because it ensures a level playing field
for all participants. Commissioner Kirkmeyer moved to approve said agreement renewal and authorize
the Chair to sign. Commissioner Conway seconded the motion, and it carried unanimously.
El 6) CONSIDER LEASE AGREEMENT RENEWAL FOR PROVISION OF COMMUNITY
CORRECTIONS SERVICES AND AUTHORIZE CHAIR TO SIGN - INTERVENTION, INC., DBA
INTERVENTION COMMUNITY CORRECTIONS SERVICES (ICCS): Mr. Erler stated this agreement is
in unison with the previous item, which was reviewed in a Pass Around with no further discussion needed
for approval. He advised both the Finance Department and the County Attorney have signed off on the
agreement. Commissioner Conway moved to approve said agreement renewal and authorize the Chair
to sign. The motion was seconded by Commissioner Freeman, and it carried unanimously.
Commissioners Conway and Cozad expressed appreciation for Mr. Erler's continual involvement
throughout this process and being willing to listen to feedback.
7) CONSIDER REAPPOINTMENT OF TOBY TAYLOR AS VETERANS SERVICE OFFICER: Toby
Taylor, Veteran Services Officer, stated his appointment expires June 30, 2018. He stated the new
two-year term will expire on June 30, 2020, which was approved in a worksession. The motion to
reappoint the Veterans Service Officer, which was made by Commissioner Freeman, and seconded by
Commissioner Cozad, carried unanimously.
8) CONSIDER RENEWAL APPLICATION FOR A TAVERN (COUNTY) LIQUOR LICENSE AND
AUTHORIZE CHAIR TO SIGN - VIPER 2, INC., DBA BORDERLINE: Frank Haug, Assistant County
Attorney, stated the renewal application is for this facility on Highway 85, at the Wyoming border. He
stated there were no concerns by staff, and recommended approval of the renewal application.
Commissioner Freeman moved to approve said renewal application and authorize the Chair to sign.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
El 9) CONSIDER TEMPORARY CLOSURE OF CR 32 BETWEEN CRS 13 AND 17: Amy Joseph,
Department of Public Works, stated the request for closure was made by Gopher Excavating Inc., on
behalf of Little Thompson Water District, for installation of a 6 -inch water main for a new subdivision. She
advised the closure is from July 9, 2018, through August 22, 2018, and added the reason for a 45 -day
closure is to allow for a postponement period so the local farmers can complete their wheat harvest. The
motion to approve the temporary road closure, which was made by Commissioner Cozad, and seconded
by Commissioner Kirkmeyer, carried unanimously.
el 10) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR ACCOUNT
NUMBER R4793707 (TAX YEARS 2015-2016) - EARLY EDUCATION ENTERPRISES, LLC: Brenda
Dones, Assessor's Office, stated today's items conclude the 2015 abatements. She stated all items today
are denials and the tax agent agrees with the denials. Ms. Dones stated an appeal was filed for 2017,
through the Board of Assessment Appeals (BOAA), and an abatement petition was filed for tax years
2015 and 2016, in order to preserve his right for a value adjustment, if the 2017 value was incorrect. She
advised the tax agent considered the 2017 tax value to be fair and withdrew the BOAA 2017 appeal.
Ms. Dones recommended denial of the 2015 and 2016 abatements, and asked the value for 2015 and
2016 be sustained at $978,000.00. Commissioner Freeman moved to approve said denial for abatement
of taxes. The motion, which was seconded by Commissioner Conway, carried unanimously.
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eg 11) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR ACCOUNT
NUMBER R2587703 (TAX YEAR 2016) - GREELEY REALTY VENTURES, LLC, AND DEVA JASKIC:
Ms. Dones stated the tax agent filed an abatement for tax year 2016 to preserve the right for value
adjustment. She stated the stipulated value for tax year 2017 was based on leased income, but the tax
agent has not been able to provide proof of additional income for tax years 2013 and 2014, which would
result in a value change for 2016; therefore, staff recommends denial of the 2016 abatement and requests
the value for 2016 remain at $1,218,869.00. The motion to deny the petition for abatement, which was
made by Commissioner Cozad, and seconded by Commissioner Conway, carried unanimously.
• 12) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR ACCOUNT
NUMBER R8574200 (TAX YEARS 2015 AND 2016) — GUIDA, LLC: Ms. Dones stated the tax agent only
provided estimated income data; therefore, staff requests an administrative denial for tax years 2015 and
2016, and sustain the tax value for both years, 2015 and 2016, at $1,505,360.00. The motion to deny the
petition for abatement, which was made by Commissioner Conway, and seconded by Commissioner
Kirkmeyer, carried unanimously.
• 13) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR ACCOUNT
NUMBER R5577286 (TAX YEARS 2015-2016) — HIGHWAY 119, LLC: Ms. Dones stated the tax agent
filed an abatement for tax years 2015 and 2016 to preserve the right for value adjustment. She advised
staff did make a value adjustment for tax year 2017 for the BOAA, and the tax agent is aware of the
adjustment, but is not disputing the denial for abatement. Ms. Dones recommends denial of the petition
and requests the value for tax years 2015 and 2016 be sustained at $782,155.00. The motion to deny
the petition for abatement, which was made by Commissioner Freeman, and seconded by Commissioner
Kirkmeyer, carried unanimously.
O1 14) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR ACCOUNT
NUMBER R3725605 (TAX YEARS 2015-2016) - PAR 4 PROPERTIES, LLC: Ms. Dones stated the tax
agent filed an appeal for tax year 2017 with the BOAA and an abatement petition for tax years 2015 and
2016 to preserve the right for a value adjustment. She stated the agent has since agreed with the 2017
tax value, and has withdrawn the 2017 appeal; therefore, staff recommends denial of the petition for
abatements and requests the 2015 and 2016 tax value be sustained at $910,000.00. The motion to deny
the petition for abatement, which was made by Commissioner Cozad, and seconded by Commissioner
Freeman, carried unanimously.
• 15) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR ACCOUNT
NUMBER R6295386 (TAX YEARS 2015-2016) - DIESEL SERVICE PROPERTY II, LLC: Ms. Dones
stated this property and the following two items are neighboring one another and function as one
economic unit. She stated a small value adjustment was made at the County Board of Equalization
(CBOE), but the tax agent has not provided any information regarding the value for tax years 2015 and
2016. She further stated the tax agent is aware of the denial of the petition for abatement and has not
disputed; therefore, staff recommends denial of the petition for abatement and requests the tax value for
2015 and 2016 be sustained at $206,235.00. The motion to deny the petition for abatement, which was
made by Commissioner Freeman, and seconded by Commissioner Kirkmeyer, carried unanimously.
• 16) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR ACCOUNT
NUMBER R0037790 (TAX YEARS 2015-2016) — RAW PROPERTY, LLC: Ms. Dones stated there was
a 2017 appeal and staff made a small value adjustment at the CBOE, but the tax agent did not provide
any information regarding tax years 2015 and 2016, and is aware of the recommendation for denial.
Therefore, staff recommends denial of the petition and requests the 2015 and 2016 tax value be
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sustained at $626,880.00. The motion to deny the petition for abatement, which was made by
Commissioner Kirkmeyer, and seconded by Commissioner Conway, carried unanimously.
17) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR ACCOUNT
NUMBER R6784865 (TAX YEARS 2015-2016) — RAW PROPERTY, LLC: Ms. Dones stated a small
adjustment was made at the CBOE for a 2017 appeal, but the tax agent did not provide any information
regarding tax years 2015 and 2016. She stated the tax agent is aware of the denial of the petition and
has not disputed; therefore, staff recommends denial of the petition for abatement and requests the tax
value for 2015 and 2016 be sustained at $1,894,802.00. The motion to deny the petition, which was made
by Commissioner Conway, and seconded by Commissioner Kirkmeyer, carried unanimously.
IR 18) CONSIDER AUTHORIZING BOARD OF COUNTY COMMISSIONERS TO CONVENE AS A
BOARD OF EQUALIZATION FOR CALENDAR YEAR 2018: Commissioner Cozad moved to approve
the authorization of the Board of County Commissioners to convene as a Board of Equalization for
calendar year 2018. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously.
HEALTH NEW BUSINESS:
1) CONSIDER SUSPENSION OF COLORADO RETAIL FOOD ESTABLISHMENT LICENSE -
DENO'S 1-76 RESTAURANT AND LOUNGE: Gabri Vergara, Department of Public Health and
Environmental, stated over the last 12 -month period there have been three (3) civil penalties and multiple
other critical violations totaling forty-eight (48), averaging six (6) violations per inspection. She stated of
the forty-eight (48) violations, there were thirty-eight (38) critical violations, where twenty-seven (27) were
foodborne risk factor violations. Ms. Vergara advised a compliance review was completed, and
immediately following the review, an inspection showed no critical violations. However, at the next regular
inspection there were four (4) repeat critical violations, including improper cold holding, which resulted in
the third civil penalty. Dan Joseph, Department of Public Health and Environmental, described the
process staff takes for the purpose of avoiding foodborne illnesses of customers. He stated there have
not been any direct complaints related to foodborne illnesses. Mr. Joseph outlined the details of the three
(3) civil penalties, which were issued within the first six (6) months of the twelve (12) month period. He
advised there have been compliance reviews and targeted educations held with the restaurant to assist
in compliance. Mr. Joseph presented details of each inspection and outlined staff recommendations:
1) The restaurant is to contract with an approved food safety consultant to provide onsite training, and
then have it followed by an inspection by staff, 2) The current management is to attend an accredited
class to become a certified food protection manager within two (2) weeks of today's hearing, 3) The
restaurant's license is to be suspended until a consultant has been obtained, and training has been held,
4) The civil penalty fee is to be defrayed toward the costs of achieving compliance, 5) Performance of
two (2) inspections is to be held by the Department of Health following the suspension of the license,
having no repeat critical violations, and 6) Future opportunity of staff to present to the Board again, if
these conditions are not successfully met. Mr. Joseph advised the equipment is not the issue; rather, the
problem results from lack of knowledge and training. Lorenzo Garcia, restaurant owner, expressed
frustration of the inspections always being conducted during the lunch rush hour. Darlene Chernotan,
restaurant manager, provided details of inspections and communicated her efforts to improve
performance of the restaurant and meet the expectations made by staff. She stated she welcomes the
inspector and respects the suggestions offered to improve the quality and handling of the food.
Ms. Chernotan acknowledged part of the repeat offenses is due to staff turnover, and requested time to
allow for the new staff to become trained. Chair Moreno explained staff is doing their job for the safety
and benefit of Weld County citizens, and is not out to place hardships on the restaurant. Mr. Garcia
expressed having an issue with the specific inspector, Lila Chang. Ms. Vergara commented staff
inspections generally occur during the busiest hours of the day and do last for a couple hours. She further
stated other restaurants are compliant during the rush hour. Mr. Joseph explained the time -frame in which
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compliance to said conditions is in the hands of the owner, depending on how quickly they arrange a
meeting with the consultant. Mr. Garcia and Ms. Chernotan both expressed support of the conditions set
forth by staff. Commissioner Kirkmeyer expressed concern with the potential of the restaurant missing
out on the holiday's business; therefore, she moved for a continuance to July 9th, with an understanding
the food safety consultation must occur prior to July 9, 2018, and all other conditions recommended by
staff must be met. Commissioner Conway seconded the motion, which carried unanimously.
Commissioner Conway suggested assigning a new inspector to this restaurant.
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 11:10 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dia./O ,.,e,; ok,
Weld County Clerk to the Board
BY'� Oicte,
ty Clerk to the Board
_-' --s- ✓
Steve Moreno, Chair
Mike Freeman
Minutes, Wednesday, June 27, 2018
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