HomeMy WebLinkAbout20153401.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 21, 2015
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, October 21, 2015, 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 Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Steve Moreno
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 October 19, 2015, as printed. Commissioner Conway seconded the motion,
and it carried unanimously.
• AMENDMENTS TO AGENDA: There were no amendments to the agenda.
• CONSENT AGENDA: Commissioner Freeman moved to approve the Consent Agenda as printed.
Commissioner Moreno seconded the motion, and it carried unanimously.
Ei PUBLIC INPUT: No public input was given.
• COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator
Reports.
NEW BUSINESS:
1) CONSIDER AGREEMENT PURSUANT TO SECTION 30-11-123, C.R.S., AND AUTHORIZE
CHAIR TO SIGN -ROCKY MOUNTAIN WATERJET AND LASER, LLC: Don Warden, Director of Finance
and Administration, explained this is an agreement that allows taxing authority to negotiate incentive
payments to taxpayers who establish new business facilities or expand existing business facilities.
Commissioner Conway moved to approve said agreement and authorize the Chair to sign. The motion
was seconded by Commissioner Cozad, and it carried unanimously.
Minutes, October 21, 2015 2015-3401
�\97 Page 1 BC0016
Eri 2) CONSIDER AGREEMENT FOR PROFESSIONAL SERVICES FOR CR 49 PHASE 2
RIGHT-OF-WAY SURVEYING AND AUTHORIZE CHAIR TO SIGN - KING SURVEYORS: Elizabeth
Relford, Department of Public Works, stated they are still in the right-of-way acquisition for Phase 2 so it
is just a continuance of the original contract. Commissioner Conway moved to approve said agreement
and authorize the Chair to sign. Seconded by Commissioner Moreno, the motion carried unanimously.
3) CONSIDER 2015 APPLICATION FOR INTERNET CRIMES AGAINST CHILDREN (ICAC)
TASK FORCE GRANT AND AUTHORIZE CHAIR TO SIGN - CITY OF COLORADO SPRINGS POLICE
DEPARTMENT: Ron Arndt, Crime Lab Director, presented the application for a grant in the amount of
$9,919.00 for three (3) training opportunities for Darren Ford who is the computer forensics expert.
Commissioner Freeman moved to approve said application and authorize the Chair to sign. The motion,
which was seconded by Commissioner Conway, carried unanimously.
HEALTH:
1) ACTION OF THE BOARD CONCERNING SUSPENSION OF COLORADO RETAIL FOOD
ESTABLISHMENT LICENSE - FULLMOON SALOON, LLC: Deb Adamson, Department of Public Health
and Environment, stated the restaurant has failed to maintain compliance with the Colorado Retail Food
Establishment Rules and Regulations; furthermore, staff has given the business every opportunity to
come into compliance. In light of repeated violations resulting in three civil penalties within a 12-month
period, including multiple critical violations noted and having the potential to cause illness to patrons, staff
is recommending a short-term suspension, continued utilization of the services of a third-•arty consultant
to provide on-site training, and collection of the assessed $1,000.00 civil penalty. tl Dan Joseph,
Department of Public Health and Environment, displayed and reviewed a PowerPoint presentation
regarding compliance and enforcement actions. He reported the dates of improper cold holding of
potentially hazardous foods and displayed photos of the layout of the facility. He stated on July 20, 2015,
a compliance agreement was created between Fullmoon Saloon, LLC, and the Department of Public
Health and Environment and presented a summary of compliance items. However, during two
subsequent inspections staff didn't see the restaurant remain in compliance. = In response to
Commissioner Cozad, Ms. Adamson explained it was part of the compliance agreement and they have
worked diligently with a consultant and that needs to continue. Mr. Joseph clarified what improvements
have been made utilizing the fee. The first was to rearrange the kitchen to help eliminate the improper
cold holding violations, repair some of the units and purchase new pans. He discussed how Fullmoon
Saloon, LLC, accumulated so many of the cold-holding violations. O Steve Brant, resident of Eaton, Ed
Hays, resident of Greeley, and Gary Souther, resident of Ault, introduced themselves as the owners of
Fullmoon Saloon, LLC. Mr. Brant explained he felt the violations are from a new cook that was just hired.
He was sent to online training and now is no longer employed there. He expressed the owners are trying
to do everything they were asked to correct. Mr. Souther stated they are aware of some problems and
have received more hands-on training with the consultant and also completed the food safety training.
He told Commissioner Moreno that he has been managing the restaurant for six months. He stated in
regards to staffs recommendation, he doesn't see how closing the restaurant down for a few days will
help. Mr. Hays stated he believes the cold-holding issue has been taken care of and they will have the
consultant come back on Monday. Chair Kirkmeyer said the consultant needs to come back for additional
training. Commissioner Conway expressed there can't be repeated violations; staff needs to provide for
the owners a very specific list for how the fines should be used and have the consultant come sooner
and help prioritize on what equipment is needed. = Commissioner Cozad suggested staff defer the
suspension of the license and forego the fines to be used for training and equipment. Commissioner
Freeman explained the owners have been working with staff to correct the issue. Commissioner Moreno
agreed that immediate action needs to be taken, without suspension of the license. Chair Kirkmeyer
stated this is a health issue for the public, this isn't the first violation and the owners have had six months
Minutes, October 21, 2015 2015-3401
Page 2 BC0016
to remedy the situation. She stated she would recommend the license be suspended until the consultant
can come back and she agrees to defer the fines. Commissioner Cozad stated this is a serious situation
and expressed the owners need to take responsibility and work with the consultant. Commissioner Cozad
moved to suspend the license until a third party consultant can come back and defer the $1,000 civil
penalty to be used for training, to hire an outside consultant and for equipment replacement as
recommended by staff. Seconded by Chair Kirkmeyer for purposes of discussion. Commissioner Conway
stated he doesn't support the suspension because he doesn't support shutting the business down.
Commissioner Moreno stated there needs to be immediate action and he supports the motion.
Commissioner Freeman agreed with Commissioner Conway. Upon, a roll call vote, the motion passed
3 to 2 with Commissioners Conway and Freemen opposed.
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 9:57 a.m.
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, CO R/ADO
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ATTEST: C� lC ,!�
� �o� arbara Kirkmeyer, Chair`�
Weld County Clerk to the Board ���
� )� Mike Freeman, Pro-Tern
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De Clerk to the Board X40 �� T , --
,• ,ti , • / 47� ,ean P. Conway 0, 0,0‘ " .' ' n
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Minutes, October 21, 2015 2015-3401
Page 3 BC0016
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