HomeMy WebLinkAbout20150592.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
•
WELD COUNTY, COLORADO
FEBRUARY 25, 2015
The Board of County Commissioners of Weld County, Colorado, met in regular session in full
h laws of the State of Colorado at the regularplace of meeting in the Weld County
with the a s g
Administration Building, Greeley, Colorado, February 25, 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 - 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
In MINUTES: Commissioner Moreno moved to approve the minutes of the Board of County
Commissioners meeting of February 23, 2015, as printed. Commissioner Cozad seconded the motion,
and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Freeman moved to approve the Certification of
Hearings conducted on February 23, 2015, as follows: 1) Pre-Application Public Hearing Concerning
CDBG Application for Wattenberg Water System Project. Commissioner Moreno seconded the motion,
which carried unanimously.
la AMENDMENTS TO AGENDA: Commissioner Moreno moved to approve the Amendments to the
Agenda to delete item #1 under Presentations and item #5 under New Business. Commissioner Cozad
seconded the motion, which carried unanimously.
el CONSENT AGENDA: Commissioner Cozad moved to approve the Consent Agenda as printed.
Commissioner Freeman seconded the motion, and it carried unanimously.
IRE PUBLIC INPUT: No public input was given.
12 COMMISSIONER COORDINATOR REPORTS: Commissioner Cozad reported attending the
Berthoud Town Board Meeting at which the highlight was the approval of their first USR for an Oil and
Gas facility. She also attended the Prevention Partners meeting and stated they are committed to
implementing drug free youth programs based on prevention and education in Weld County.
�j Minutes, February 25, 2015 2015-0592
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Furthermore, she gave a report regarding the meeting at the Northern Colorado Water Conservancy
District that she attended with Commissioner Moreno. El Commissioner Freeman reported attending
the Local Energy Organization Symposium at the Denver Athletic Club. The end result was a positive
overview to include these facts: Colorado has the toughest regulations regarding the Oil and Gas
Industry; further. State rules are in place and local jurisdiction is available to do things differently in
each municipality. He stated it was a very good symposium. ID Commissioner Moreno reported
attending the annual Greeley Chamber of Commerce Banquet with Commissioner Conway and stated
the attendance was the highest in history surpassing 800. He also attended the Oil and Gas Task Force
meeting in Denver and communicated Weld County is a model for the cooperative work being done in
the Oil and Gas Industry. el Chair Kirkmeyer shared that she had the opportunity to speak to the
Northern Colorado Realtors Association as a part of a panel regarding 1-25. She also reported having
•
just returned from Washington, D.C., where she attended a very beneficial Conference for the National
Association of Counties. Further, Chair Kirkmeyer stated she and Commissioner Conway had an
advantageous meeting with U.S. Senators Gardner and Bennett.
NEW BUSINESS:
El 1) CONSIDER RECOGNITION OF JEANNINE TRUSWELL, UNITED WAY OF WELD COUNTY
PRESIDENT AND CEO: Jeannine Truswell received the prestigious Colorado Nonprofit Association
Steve Graham Award which recognizes and honors individuals for building nonprofit capacity by
creating and initiating activities that improve and enhance a nonprofit organization's ability to achieve its
mission and sustain itself over time. The Board wishes to recognize the outstanding achievement of
Ms. Truswell, being a citizen who is making Weld County proud. The motion, which was made by
Commissioner Freeman, and seconded by Commissioner Moreno, carried unanimously. lE1 Chair
Kirkmeyer expressed her excitement for the award and stated that Ms. Truswell and her team stepped
up during the 2013 Flood and the tornado and how great is it to be able to recognise her in this way and
that she is proud of the partnership the County has with United Way. el Commissioner Cozad
congratulated Ms. Truswell and echoed Chair Kirkmeyer further thanking her for the work done during
the flood while she was Mayor Pro-Tem for Milliken. She stated it was especially important for those
residents who did not qualify for assistance and received help from United Way. la Commissioner
Freeman expressed congratulations and commented on the day-to-day accomplishments, as well as
concurring regarding the aforementioned emergency situations. He expressed it is an honor to be
serving on the United Way Board. CI Commissioner Moreno also conveyed his congratulations and
stated United Way is a jewel for Weld County and that he had observed the work throughout the flood
disaster and expressed his thanks. e Ms. Truswell responded that it was humbling to receive this
award and she recognized the amazing efforts of all the donors, volunteers and community partners
like Weld County, and the dedicated staff; furthermore, it puts a positive feature on great things
happening in Weld County and the amazing job of accepting the challenges of the community.
IR 2) CONSIDER DONATION OF $7,000.00 AND TELEVISION FROM THE JOHNSTOWN VFW
(JM LADIES AUXILIARY) FOR WELD COUNTY VETERAN SERVICES : Deon Harris, Veteran's
Office, Toby Taylor, Veteran's Officer, and Shannon Burg, JM Ladies Auxiliary, formally accepted the
aforementioned donation stating it will benefit and enhance the services of the Weld County Veteran's
Office. The motion, which was made by Commissioner Cozad, was seconded by Commissioner
Moreno. Commissioner Cozad expressed her appreciation for the Fun Run to honor the veterans
and commented on the community support of sponsors and participants. The motion carried
unanimously. Mr. Harris expressed his thanks and stated it was an overwhelming surprise that he
greatly appreciates. Ms. Burg expressed her thanks to the Commissioners and specifically to Mr. Harris
for the dedicated work he does for Veterans. She communicated the importance of the work continuing
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and offered ongoing support. Chair Kirkmeyer stated her appreciation for Mr. Harris and the importance
of the work he does in the community, and futher stated this Office is important to the Board and the
County as a whole. She also expressed her thanks for the contributions and participation of the
community.
la 3) CONSIDER COUNTY VETERANS SERVICE OFFICERS MONTHLY REPORT AND
CERTIFICATION OF PAY FOR JANUARY, 2015, AND AUTHORIZE CHAIR TO SIGN: Toby Taylor,
Veteran's Officer, presented the monthly report and Certification of Pay for January. Commissioner
Moreno moved to approve said report and authorization for pay, and authorize the Chair to sign. In
response to Commissioner Cozad, Mr. Taylor stated the program reaches out to homeless veterans
with either financial or referral assistance. Judy Griego, Director of the Department of Human Services,
verified the Veterans Preference Program that coordinates with the Veteran's Office to provide funding
for immediate services needed by Veterans facing critical challenges. The motion was seconded by
Commissioner Freeman, and it carried unanimously.
e 4) CONSIDER VICTIM ASSISTANCE AND LAW ENFORCEMENT (VALE) GRANT
APPLICATION FOR LONG TERM CARE OMBUDSMAN FRIENDLY VISITOR PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Ms. Griego presented the terms and provisions of the application for
the VALE Grant stating they are requesting $12,000.00. The Ombudsman Program provides an Abuse
and Education Awareness Program for those working in long term care settings. Commissioner
Freeman moved to approve said VALE Grant Application and authorize the Chair to sign. Seconded by
Commissioner Cozad, the motion carried unanimously.
• 5) CONSIDER TEMPORARY CLOSURE OF CR 59 AT THE INTERSECTION WITH CR 76:
Janet Lundquist, Department of Public Works, presented the date of the temporary closure to be
March 9, 2015, through March 13, 2015, for an irrigation culvert replacement. Standard road signs and
barricades will be used as necessary and water trucks will be used for dust abatement for the detour
route. The motion to approve the temporary closure, was made by Commissioner Cozad, and
seconded by Commissioner Freeman, and it carried unanimously.
ID 6) CONSIDER AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY,
PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN
IMPROVEMENTS TO CR 49 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS -
GERMAN ARCE AND ROSA MEZA: Tiffane Johnson, Department of Public Works, reviewed the
terms of the purchase agreement totaling, $18,642.00. Commissioner Freeman moved to approve said
agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner
Moreno, carried unanimously.
ID 7) CONSIDER AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY,
PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN
IMPROVEMENTS TO CR 49 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS -
KATHY AND RICHARD WALTERS: Ms. Johnson reviewed the terms of the purchase agreement and
the total compensation amount of $30,186.00. In response to Chair Kirkmeyer, Ms. Johnson explained
the necessity of replacing the private access of Poudre Valley Utilities and attaining the rights to the
easement. In response to Commissioner Moreno, Ms. Johnson and Chair Kirkmeyer clarified the
strikeout of the wrong amount shown reflecting the Title Insurance cost and stated the terms of the
correction. Commissioner Freeman moved to approve said Agreement and authorize the Chair to sign.
Commissioner Moreno seconded the motion, and it carried unanimously.
Minutes, February 25, 2015 2015-0592
Page 3 BC0016
e 8) CONSIDER REQUEST TO WAIVE BID PROCEDURE CONCERNING SMALL TRACT OIL
AND GAS LEASE, ACCEPT OFFER TO LEASE MINERAL ACRE, AND AUTHORIZE CHAIR TO SIGN
(S35, T7N. R67W) - LAND ENERGY, INC.: Esther Gesick, Clerk to the Board, stated the terms and
location of the lease. Commissioner Cozad moved to approve said Lease and authorize the Chair to
sign. The motion was seconded by Commissioner Freeman, and it carried unanimously.
HEALTH NEW BUSINESS:
• a 1) CONSIDER SUSPENSION OF COLORADO RETAIL FOOD ESTABLISHMENT LICENSE -
AMBROSIA ASIAN BISTRO: Deb Adamson and Dan Joseph, Department of Public Health and
Environment, introduced Mr. Hue Vi of the Boulder County Public Health Department, to assist with
language translation. Lihua and Jiuzhong Lin, owners/managers, have failed to come into compliance
since first cited in April, 2013. They have been given all opportunities to come into compliance. There
have been multiple critical violations to include 23 foodborne illness risk factor violations and calls from
patrons reporting symptoms of foodborne illness. It is being recommended that the license be
allow th
e for up to three (3) working days to a ow t e establishment to utilize the services of a third
party consultant to provide formal food safety training to the entire facility staff, and to include follow up
inspections. There is a $250 civil penalty that may be used to offset the cost of hiring a consultant. If the
follow up inspections result in any violations, this matter will be brought before the Board again with the
recommendation for a longer suspension. Mr. Joseph displayed a PowerPoint presentation reviewing
the State regulations regarding the Food Protection Act, and stated the main task is to prevent illness
by preventing violations that lead to illness. In reponse to Commissioner Cozad, Ms. Adamson clarified
that information and food safety training translated in Mandarin has been given to the owners,
therefore, the language barrier will not be considered a factor in the non-compliance.
IR Ms. Lin stated they are sorry and they will request employees to take the online training. In
response to Chair Kirkmeyer, Ms. Lin said they understand the suspension and mentioned they have
corrected some of the violations immediately. Chair Kirkmeyer clarified multiple violations have been
cited since April, 2013, and they are concerned with public health issues. She restated the repeated
violations to include: improper cold storage, not washing hands, and bugs in dry storage. Chair
Kirkmeyer asked if the owner understands they are closing his business for three (3) days, he must hire
a consultant, and he must have trained personnel on site at all times. After translation, the owner
expressed agreement by nodding his head yes. Mr. Lin explained he does not know how to hire a
consultant. Chair Kirkmeyer stated that Health Department staff can assist with hiring a consultant. The
applicant nodded his head in agreement.
Robert Frick, County Attorney, explained the fees and time frame for suspension of the business
and agreed the Board may hold the fee in obeyance to be used toward the cost of the consultant.
Commissioner Cozad made a motion to hold the fee in obeyance to be used toward the cost of a
consultant. Commissioner Moreno seconded the motion, and it carried unanimously. Health department
staff will make follow up inspections and if they find one critical violation, it is possible to bring the
matter before the board again. Mr. Frick clarified his acceptance of the motions and measures being
taken trusting the translation and communication to be adequate. The owner asked when the
suspension begins and Chair Kirkmeyer replied immediately. Commissioner Moreno stated the
expectation needs to be clear that it is not merely making an effort to correct things, but agreeing to
come completely into compliance.
The motion to approve the amended resolution, which was made by Commissioner Moreno, and
seconded by Commissioner Freeman, carried unanimously. Chair Kirkmeyer stated this is a very
serious matter; the restaurant has been out of compliance for two years with critical violations and the
Minutes, February 25, 2015 2015-0592
Page 4 BC0016
Board is willing to give him a final chance; however, if he comes back in here with one more critical
violation, she will vote to close his 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 10:22 a.m.
BOARD OF COUNTY COMMISSIONERS
WEyD COUNTY, COLOR
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Weld County Clerk to the Board
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Minutes, February 25, 2015 2015-0592
Page 5 BC0016
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