The URL can be used to link to this page

Browse Search

Home My WebLink About20151085.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO APRIL 15, 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, April 15, 2015, at the hour of 9:00 a.m. El 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-Tern Commissioner Sean P. Conway - EXCUSED Commissioner Julie A. Cozad Commissioner Steve Moreno Also present: County Attorney, Robert T. Frick Acting Clerk to the Board, Tisa Juanicorena Controller, Barbara Connolly CI MINUTES: Commissioner Moreno moved to approve the minutes of the Board of County Commissioners meeting of April 13, 2015, as printed. Commissioner Cozad seconded the motion, and it carried unanimously. O AMENDMENTS TO AGENDA: There were no amendments to the agenda. e CONSENT AGENDA: Commissioner Cozad moved to approve the Consent Agenda as printed. Commissioner Freeman seconded the motion, and it carried unanimously. 121 PUBLIC INPUT: No public input was given. e COMMISSIONER COORDINATOR REPORTS: e Commissioner Moreno attended and spoke at the Guaranty 50 Club regarding the Oil and Gas Task Force. He also attended the Small Business Development Center Advisory Board meeting and mentioned plans for a Shout Energy Workshop on May 12, 2015. Commissioner Moreno stated he also attended the Highway 85 Coalition and met the new Upstate director, and also attended the Success for Kids Breakfast and an Oil and Gas Forum. e Commissioner Cozad reported attending the Colorado Depratment of Human Services event at the Governor's residence celebrating the various successes in counties throughout the State. She gave an update on the Faith Partnership Council and the progress being made to establish a clear direction for the council. She mentioned attending the Family, Youth and Children Commission, and the RISE Banquet which is a non-profit focused on providing community assistance. 5I5 Minutes, April 15, 2015 2015-1085 Page 1 BC0016 She read the proclamation recognizing the Northern Colorado Children's Festival; and, attended the Boys and Girls Club Elegant Night, the Bullseye Mayors Meeting of Keenesburg, and the Workforce Development Board subcommittee. Lastly, she reported the new Adult Literacy and WIOA regulations have been introduced. BIDS: a 1) PRESENT BID #61500095, CHIP SEAL AGGREGATE SUPPLY (3/8") - DEPARTMENT OF PUBLIC WORKS: Trevor Jiricek, Director of General Services, presented the two (2) bids received and stated staff will make a recommendation on April 29, 2015. 121 2) PRESENT BID #B1500096, EMULSION DUST CONTROL AGENT - DEPARTMENT OF PUBLIC WORKS: Mr. Jiricek presented the one (1) bid received and stated staff will make a recommendation on April 29, 2015. El 3) PRESENT BID #B1500097, FAX SOLUTION — DEPARTMENT OF INFORMATION TECHNOLOGY: Ryan Rose, Director of the Department of Information Technology, presented the two (2) bids received and stated staff will make a recommendation on April 29, 2015. El 4) PRESENT BID #B1500098, FIBER TO CHASE BUILDING — DEPARTMENT OF INFORMATION TECHNOLOGY: Mr. Rose requested this matter be continued to April 22, 2015. The motion to continue, which was made by Commissioner Freeman, and seconded by Commissioner Cozad, carried unanimously. El 5) PRESENT BID #B1500099, PHONE HEADSETS FOR HUMAN SERVICES — DEPARTMENT OF INFORMATION TECHNOLOGY: Mr. Rose presented the nine (9) bids received and stated staff will make a recommendation on April 29, 2015. el 6) PRESENT BID #B1500100, UPS AND ENVIRONMENTAL CONTROLS FOR CHASE BUILDING — DEPARTMENT OF INFORMATION TECHNOLOGY: Mr. Rose presented the nine (9) bids received and stated staff will make a recommendation on April 29, 2015. • 7) PRESENT BID #B1500101, NETWORK EQUIPMENT FOR CHASE BUILDING — DEPARTMENT OF INFORMATION TECHNOLOGY: Mr. Rose presented the four (4) bids received and stated staff will make a recommendation on April 29, 2015. OLD BUSINESS: e 1) CONSIDER PETITIONS FOR ABATEMENT OR REFUND OF TAXES - NOBLE ENERGY, INC. (CON'T FROM 3/16/2015): Christopher Woodruff, Weld County Assessor, presented the reason for denial of the petition for abatement being a specific issue related to the special district and in terms of the forms and procedures, everything was filed properly, and the value and the levy was certified properly. However, due to inconsistencies with a name change within the special district this issue has arisen but falls outside the jurisdiction of legal abatements from the county, therefore' there is no reason to recommend an adjustment or abatement and the recommendation maintained is to deny the abatement to keep the status quo until the matter is resolved through the court process. El Kirk Mueller, of Davis, Graham and Stubbs, on behalf of Noble Energy, reiterated that Noble has no qualms paying legitimate taxes for legitimate special districts; however, the issue is the concern that this special district lacks legitimate governmental authority and Noble seeks an administrative remedy. He stated the steps that progress to moving the case to court and expressed his appreciation for the Commissioners attention for the process. Mr. Mueller addressed the dialogue between his client and Minutes, April 15, 2015 2015-1085 Page 2 BC0016 the County regarding the Special District Act and how it might be tweaked and improved and relayed the interest in correcting legislature and curing problems constructively. la Chair Kirkmeyer warned Mr. Mueller to be cautious in regard to opening up the Special District Act to make a "cure" on behalf of the Energy Industry. Furthermore, Chair Kirkmeyer clarified for the record that the Board has not made any decision or had any discussion regarding the Special District Act, nor has there been any interest shown in that regard. ri Commissioner Cozad stated the criteria for abatement has not been met which is the basis for the Board's decision making. She clarified there is no disputing the values of the property and taxes were not levied illegally or erroneously. Therefore, the application does not meet the criteria of abatement and she suggested letting the courts decide. ki Chair Kirkmeyer concurred the request does not meet the criteria and agreed with the Assessor that it is not the Board's responsibility to determine if their actions are proper or not proper. She further stated that it is difficult to come to the conclusion that the taxes levied are erroneous from the County's perspective. Regarding the filing of the abatement, she suggested it be dismissed because it does not meet the requirements and there has been no request for correction to assessment or the valuation. Commissioner Moreno agreed with the fellow Commissioners and expressed his support for the information provided by the Assessor and stated he supports dismissal of the abatement. Commissioner Freeman agreed. la Commissioner Cozad moved to dismiss said petitions. The motion was seconded by Commissioner Moreno, and it carried unanimously. NEW BUSINESS: Ili 1) CONSIDER RENEWAL APPLICATION FOR 3.2 PERCENT BEER RETAIL LICENSE ISSUED TO CIRCLE K STORES, INC., DBA CIRCLE K STORE #2709846, AND AUTHORIZE CHAIR TO SIGN: Bob Choate, Assistant County Attorney, stated no concerns with the application and mentioned the business self-reported license suspensions; however, there are multiple locations and the suspensions were not related to this particular store. He further communicated there was no interest in other licensees, there is no need to change management, and they remedied the expiration of the food license. Mr. Choate reported there had been calls for service; however, none related to alcohol sales. In response to Commissioner Moreno, he stated the business has been licensed since 2007. Commissioner Moreno moved to approve said renewal application and authorize the Chair to sign. Seconded by Commissioner Cozad, the motion carried unanimously. 2) CONSIDER LICENSE AND SUPPORT AGREEMENT - DECADE SOFTWARE COMPANY, LLC: Mr. Rose reviewed the terms and provisions related to the licenses needed to support the software used for restaurant and food service inspections. Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner Moreno, carried unanimously. CI 3) CONSIDER AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 49 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - P AND A TURKEY FARMS, INC.: Tiffane Johnson, Department of Public Works, reviewed the terms of the purchase agreement for a total of $55,471.00. Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. Commissioner Moreno seconded the motion, and it carried unanimously. El 4) CONSIDER TEMPORARY CLOSURE OF CR 8 BETWEEN CRS 27 AND 37: Janet Lundquist, Department of Public Works, presented the terms of the closure effective April 27, 2015, through May 7, 2015, and stated it is for a bridge redeck for Bridge 829-A. She sited the average daily traffic count as 1,225, dust abatement measures are not necessary, and message boards and standard Minutes, April 15, 2015 2015-1085 Page 3 BC0016 road signs and barricades will be used. The motion to approve said temporary closure, which was made by Commissioner Moreno, and seconded by Commissioner Cozad, carried unanimously. (Clerk's Note: Chair Kirkmeyer reported to the Director of Public Works the deterioration of CR 19 and CR 6, on the east and west side of CR 6, the road is starting to crumble and fall away.) 5) CONSIDER REQUEST TO WAIVE BID PROCEDURE CONCERNING SMALL TRACT OIL AND GAS LEASE, ACCEPT OFFER TO LEASE MINERAL ACRE, AND AUTHORIZE CHAIR TO SIGN - BAYSWATER EXPLORATION AND PRODUCTION, LLC, AND BAYSWATER BLENHEIM HOLDINGS II, LLC: Esther Gesick, Clerk to the Board, reviewed the terms of the lease for 1.65 mineral acres, in the amount of $1,980.00. Commissioner Cozad moved to waive the bid procedure, approve said lease and authorize the Chair to sign. Commissioner Freeman seconded the motion, which carried unanimously. ID 6) CONSIDER CORRECTION TO OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN — ROCKY MOUNTAIN HYDROCARBON, LLC: Ms. Gesick explained the correction contains a more specifically accurate legal description. Commissioner Freeman moved to approve said correction and authorize the Chair to sign. The motion was seconded by Commissioner Cozad, and it carried unanimously. le 7) CONSIDER APPOINTMENT TO 911 EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD: Chair Kirkmeyer made a correction to the Resolution regarding the expiration of the term to reflect the two (2) year term limit, therefore, changing the expiration date to January 9, 2017. Commissioner Freeman moved to approve said appointment with correction. Commissioner Moreno seconded the motion, which carried unanimously. HEALTH NEW BUSINESS: 1) CONSIDER SUSPENSION OF COLORADO RETAIL FOOD ESTABLISHMENT LICENSE - EL FARO MEXICAN RESTAURANT: Deb Adamson, Department of Public Health and Environment, stated the subject 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 additional multiple critical violations noted and having the potential to cause illness to patrons, staff is recommending a short-term suspension. Dan Joseph, Department of Public Health and Environment, presented a PowerPoint presentation citing the inspection history and repeated violations resulting in civil penalties. He stated the critical violations included improper cold storage, improper backflow prevention to prevent sewage from backing up, lack of pest control, improper cleaning of non-food items, cross contamination, not washing hands, and inability to demonstrate knowledge. He explained the summary of compliance reviews and stated during the meetings, options and corrective actions were discussed, information in both Spanish and English was dispersed, and he explained the three (3) civil penalities and recommendation for suspension of license until these problems are resolved, further recommending a change in management, and the business should expect follow up inspections upon reopening. The $1,000 assessment can be used towards hiring a plumber and/or consultant. el In response to Commissioners Moreno and Cozad, Mr. Joseph stated there have been no reports of illness related to this case; and, the suspension will last as long as it takes to correct these matters. El Chair Kirkmeyer responded that the conditions being met will determine when the restaurant reopens. And in response to Commissioner Moreno, she agreed the assessments can be used toward correction. Minutes, April 15, 2015 2015-1085 Page 4 BC0016 O Lisa Lucero, owner, introduced her manager, Michelle Cox, and stated her efforts to comply amidst a rough year full of challenges with employees regarding retention and training. She gave the history of the business and expressed her frustration and disappointment with efforts to hire good personnel,and several failed attempts to correct the rodent issue. Ms. Lucero expressed the difficulty of being in a small town in relation to finding quality employees and said they had to let an employee go for being tied to violations. She communicated that she makes every effort to train the employees and that she fully appreciates and supports the current manager but recognizes at times the other employees do not accept her authority because she was once an employee. Ms. Lucero said her goal is to have a clean restaurant and never to cause illness and that the stipulations of new management and closing the doors will hurt the business. O In response to Chair Kirkmeyer, Ms. Lucero stated the manager has been employed for four months, and transitioned from being an employee to a manager. She expressed her desire to keep her as a manager because, even though she is still training, she is doing a good job. O In response to Chair Kirkmeyer, Ms. Lucero stated she will hire someone for pest control today as her answer to what she will do to address this repeated violation, the plumbing backflow issue was fixed last week, the hood is now being cleaned daily, and the person related to cold storage issues was let go. Ei Commissioner Moreno addressed the owner not being more involved considering these very serious issues. Ms. Lucero stated that she also works another full time job which is why she has hired a manager to help run the restaurant. O Commissioner Cozad requested more from the owner to describe her involvement with the business and the employees. Ms. Lucero responded that she comes in twice a week on her days off from her other job to help with training and cleaning. Commissioner Cozad stated the problem is a lack of management and, further, that the responsibility falls on the owner to make the changes necessary to correct these serious matters. She suggested either new management or better management training, and better communication to make sure the employees understand things are serious and the restaurant has to be in compliance on a regular basis because the Health Department can show up anytime. In response to Commissioners Cozad and Kirkmeyer, Ms. Cox replied that it has been a learn as we go process, she has taken the food management course and continues to transition from employee to manager which has been difficult, and the restaurant is open seven (7) days a week and she is there five (5) days of the week and on call the other two (2) days because she lives a short distance from the restaurant. The owner, Ms. Lucero stated her travel time is thirty minutes from the restaurant. 0 Chair Kirkmeyer expressed her appreciation for the owner and manager being present and for their comments. She reviewed the difficulty of the matter and stated the penalties are hard to accept; however, these issues are serious and it is the Board's responsibility to protect the public from health and safety issues. She commented that she agreed with the suspension until the owner hires a consultant to better train the manager to do her job and to learn how to handle the employees and that she does not support the change in manager, but the plumbing and rodent problems must be fixed and she supports using the assessment to support hiring the consultant and contractors to fix the problems. El Commissioner Freeman expressed his agreement and support for the suggestions made by Chair Kirkmeyer and stated the restaurant has the potential to be very successful with the suggested changes to keep the mans er and waive the assessment to hire the consultant. He supports the suspension with amendments. ES Commissioner Moreno concurred with changes to the Resolution to reflect waiving Minutes, April 15, 2015 2015-1085 Page 5 BC0016 the assessment and using those dollars to hire a consultant to better train the manager. He further stated to the owner that the restaurant needs attention and the changes need to be made. e Commissioner Cozad agreed with the comments of fellow Commissioners. CI Chair Kirkmeyer reviewed the amendments to the Resolution to reflect the suspension be effective until such time a consultant has been hired and all employees have completed the formal food safety training, that the requirements would be clear regarding the two (2) staff recommended follow up inspections with no critical violations and subsequent inspections must reflect substantial compliance, the additional requirement for adequate training for the current manager, and the $1,000 civil penalty be waived with the stipulation that it be used toward compliance. G Commissioner Cozad moved to amend the Resolution as stated. Commissioner Freeman seconded the motion, and it carried unanimously. Commissioner Freeman moved to approve the Suspension of Colorado Retail Food Estbliahment License issued to El Faro Mexican Restaurant, as amended. Seconded by Commissioner Moreno, 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 10:17 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COL RADO ATTEST: ((�� ,,,,,// ` i" ra` rkm ,tr1L/ru J fr ...S.04 'Barbara Kirkmeyer, hair Weld County Clerk to the Board (�/ / x Mike Freeman, Pro-Tem BY A .,i �(/ De $ Clerk to the Board EXCUSED Sean . Co ay , a ereyed .. o. , 1861 itil ulie A. Cozad R EXCUSED DATE OF APPROVAL ®�� t , Steve Moreno Minutes, April 15, 2015 2015-1085 Page 6 BC0016 § ) / 2 \ // \ } \ \ « a . > - / \ j k 3 } c4,1 ° d 3 / -\ 1121: HAlf N . 0. — / ® \ � , / \ ! / 2 f ' ci cid Q \ p . _ \ � : \ _ \ % \ } \ \ r / / \ \ / cr - \� J I- 2 ` . ak ( f \� \ � � ® \n / c) '4 < ) _; r f \ u . § { / \ / © * v cp O E ~ y « e y x \ r \ \ $ - / 2 \ & A / / § 5 \ / @ -Z \ / L. \ f x: © / \ : e E / � � / / C � » § � d y \ / \ \ >' \ » c. S a j » ® - # � y 96 s- \ Hello