HomeMy WebLinkAbout20142496.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MONDAY, AUGUST 11, 2014
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, August 11, 2014, at the hour of 9:00 a.m.
ri 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 Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner William F. Garcia
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Susan Brown
Controller, Barbara Connolly
la MINUTES: Commissioner Garcia moved to approve the minutes of the Board of County
Commissioners meeting of August 6, 2014, as printed. Commissioner Kirkmeyer seconded the motion,
and it carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Freeman seconded the motion, and it carried unanimously.
a PUBLIC INPUT: No public input was given.
BIDS:
El 1) APPROVE BID #B1400134,COPIER - (1) EACH 100-110 COPIES PER MINUTE OR (2)
EACH 80-90 COPIES PER MINUTE - PRINT SHOP: Trevor Jiricek, Director of General Services,
stated print shop staff has chosen the two machine option, and will purchase them from two different
vendors/ service providers to ensure the maximum amount of up time. After review, staff selected the
low bid from Bratton's Office Equipment, in the amount of $27,561.00 and the second lowest bid from
Lewan and Associates, in the amount of$17,403.00, for a total of$44,964.00. Mr. Jiricek noted the low
bid looks higher only because of the number of options selected. Edna Mata, Print Shop, confirmed to
the Board that there have been incidents when one copier was down for a significant period of time.
Commissioner Garcia moved to approve said bid as recommended by staff. The motion was seconded
by Commissioner Conway, and it carried unanimously.
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NEW BUSINESS:
El 1) CONSIDER CHILD WELFARE AGREEMENT FOR SERVICES AND LEASE, AND
AUTHORIZE CHAIR TO SIGN — NORTH RANGE BEHAVIORAL HEALTH: Judy Griego, Director of
Department of Human Services, explained this agreement is a continuation, part of the Compass
Program, and provides prevention services for the child welfare and juvenile justice system, for a total
of $4,008.79 per month. She requested approval of this agreement, and noted that office space will
also be provided. Commissioner Conway moved to approve said agreement and authorize the Chair to
sign. Seconded by Commissioner Freeman, the motion carried unanimously.
2) CONSIDER CHILD WELFARE AGREEMENT FOR SERVICES AND LEASE, AND
AUTHORIZE CHAIR TO SIGN - LIFEBRIDGE CHRISTIAN CHURCH: Ms. Griego said this is also a
continuation agreement as part of the Compass Program, and is for services in the south part of the
county. Office space is also provided with this agreement. Commissioner Freeman moved to approve
said agreement and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion
carried unanimously.
'�— 3) CONSIDER APPROVE CHILD PROTECTION AGREEMENT FOR SERVICES AND
AUTHORIZE CHAIR TO SIGN - TRUTH CORPORATION, DBA ACCOUNTABILITY POLYGRAPH
SERVICES: Ms. Griego said this is for polygraph services and part of the Core Services Child Welfare
Administration Agreement. In response to Commissioner Kirkmeyer, she said she was told that using
the Sheriff's Office polygraphist was not possible, because they can't travel outside the County, and
can't provide support for children in this way due to scheduling conflicts. There was Board discussion
regarding the recent funding provided for a polygraphist position in order to bring these services
in-house. Ms. Griego said she would delve into the discussion to recall the details and provide those to
the Board. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to
sign. Commissioner Conway seconded the motion and it carried unanimously. (Clerk's Note:
Following the meeting, this item was removed because it was inadvetantly duplicated in the thirteen
agreements in item #4 below.)
EI 4) CONSIDER THIRTEEN (13) CHILD PROTECTION AGREEMENTS FOR SERVICES WITH
VARIOUS PROVIDERS AND AUTHORIZE CHAIR TO SIGN: Ms. Griego said this was a Request for
Proposal process through the Families, Youth and Children Commission. She reviewed the
agreements and the services to be provided by each, the amounts, and how they are funded.
Commissioner Conway moved to approve said agreement and authorize the Chair to sign. Seconded
by Commissioner Garcia, the motion carried unanimously.
IR 5) CONSIDER ENTRY UPON VARIOUS LANDS BY WELD COUNTY VEGETATION
MANAGEMENT SPECIALIST: Tina Booton, Pest and Weed Division, explained she needs permission
under the Colorado Weed Management Act to enter contacted private properties who have failed to
comply for noxious weed management. She said contact is pursued up until such time as entering the
property. Commissioner Freeman moved to approve said entry. Seconded by Commissioner
Kirkmeyer, the motion carried unanimously.
e 6) CONSIDER REQUEST TO WAIVE BID PROCEDURE CONCERNING SMALL TRACT OIL
AND GAS LEASE, ACCEPT OFFER TO LEASE MINERAL ACRE, AND AUTHORIZE CHAIR TO SIGN
- GRIZZLY PETROLEUM COMPANY, LLC: Bruce Barker, County Attorney, reviewed the acreage and
the bonus amount. Commissioner Kirkmeyer moved to waive said bid procedure, accept offer to lease,
and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously.
Minutes, Monday, August 11, 2014 2014-2496
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7) FINAL READING OF CODE ORDINANCE #2014-9, IN THE MATTER OF REPEALING AND
RE-ENACTING, WITH AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE, AND
CHAPTER 9 INFORMATION SERVICES, OF THE WELD COUNTY CODE: Commissioner Garcia
moved to read by title only. Commissioner Kirkmeyer seconded the motion and it carried unanimously.
Bruce Barker, County Attorney, read the title for the record. Ryan Rose, Director of the Department of
Information Technology, stated there have been no changes since second reading. No public
testimony was offered concerning this matter. Commissioner Kirkmeyer moved to approve said Code
Ordinance on Final Reading. The motion, which was seconded by Commissioner Garcia, carried
unanimously.
PLANNING:
1) CONSIDER APPLICATION FOR SMALL BUSINESS INCENTIVE PROGRAM AND
AUTHORIZE RELEASE OF ECONOMIC DEVELOPMENT TRUST FUNDS (TIER I) - EXPEDITION
WATER SOLUTIONS: Tom Parko, Director of the Department of Planning Services, stated he was
pleased to present the first small business incentive program grant award, which will waive fees for land
use, building permits, and multiple impact fees. In this case the total fees were almost $16,000.00.
Expedition has met with the Small Business Development Center, and are required to pay the first
$5,000.00, so they are requesting $10,928.46. Mr. Parko said that the fees can either be offset or
reimbursed. Barbara Connolly, Controller, said an offset is fine; the fees would be assessed by the
Department of Planning and then transferred out of the Economic Development Fund. In response to
Commissioner Conway, Mr. Parko explained that although this company has not relocated, this is a
new area of business for them. Commissioner Kirkmeyer moved to approve said application and
authorize release of funds. Seconded by Commissioner Garcia, the motion carried unanimously.
Commissioner Freeman said it's taken awhile to get this up and running, he's pleased to see this first
one approved, and Mr. Parko confirmed there are more than a dozen in process. He said a lot of other
small businesses qualify; however, their fees are not in excess of$5,000.00. Commissioner Kirkmeyer
briefly explained the Board's reasoning behind creating this program.
HEALTH:
fi 1) ACTION OF THE BOARD CONCERNING SUSPENSION OF COLORADO RETAIL FOOD
ESTABLISHMENT LICENSE - TACOS Y SALSAS: Deb Adamson and Dan Joseph, Environmental
Health Services, were present, and Ms. Adamson noted the restaurant's representative was en route
from Denver and unfortunately would be late. Commissioner Kirkmeyer suggested hearing the
presentation from staff prior to his arrival, and Mr. Barker confirmed that would be appropriate because
the owner is well-informed as to the violation history, and will have an opportunity to listen to the
discussion before the hearing proceeds. Ms. Adamson said the most important issue here is repeated
violations regarding cold holding, and reviewed a history of the problems with this facility, previous
discussions, and measures taken. She said the restaurant remains out of compliance on cold holding,
and outlined the details of compliance and enforcement actions; staff recommends a 2-3 day
suspension of the license, as well as a requirement to engage the services of a food safety consultant.
In response to Commissioner Rademacher, Ms. Adamson confirmed there is another Tacos y Salsas
location in Evans, which is not out of compliance. Mr. Joseph gave a short presentation on the statutes
and the penalty process aimed at the prevention of food borne illnesses, and noted these violations
have been occurring since August of 2013. Ms. Adamson explained some of the issues were related to
equipment failures, and Mr. Joseph confirmed many of these violations occurred after the food safety
training; for example, potential for cross-contamination from raw food stored over ready to eat food.
Mr. Joseph reviewed violations from the very latest inspection, and said there were no temperature logs
being kept at that time. In response to Commissioner Conway, Mr. Joseph stated almost all of these
issues were repeat violations. The owner has paid half of the first civil penalty, $250.00, and the
Minutes, Monday, August 11, 2014 2014-2496
Page 3 BC0016
remaining amount went towards equipment repair; for which receipts were provided. He said that a
change of management is also recommended.
gl Chair Rademacher recessed the meeting at 9:58 a.m., until such time as the Tacos y Salsas
representative could arrive. The meeting was reconvened, with all five commissioners present, at
10:58 a.m.
Ei David Martinez, Owner, stated his knowledge they have failed to bring the restaurant into
compliance, and said that he agreed it could not keep going this way. He stated the employee that had
their drink on the food prep table was fired, because that was the consequence that had been
discussed with their employees, so it needed to be enforced. Mr. Martinez also agreed to the
stipulations, which included a change of management, and a 2-3 day suspension. Mr. Martinez said
many of the violations were due to a faulty refrigeration unit, he said a smaller unit was purchased and
that has solved those problems, and said that the latest inspection happened on a particularly bad day.
He noted a manager from the Evan's restaurant will be the manager for both locations for the time
being. Commissioner Conway said critical violations over the course of a year cannot be explained by
a 'bad day', and very few Restaurants end up at this point, before the Board; this is serious, and
someone could die. He suggested hiring a new full-time manager as soon as possible. He noted that
staff has worked with them, yet the majority are repeat violations, which is unacceptable. Mr. Martinez
said that a different manager took over 2.5 months ago; the previous manager was dismissed.
Commissioner Conway stated that the County's purpose is not to punish, but to get this restaurant up to
standard so no Weld County citizen gets sick. Although they own 12 restaurants in Colorado, this one
needs to have the most focus. In response to questions, staff confirmed no illnesses have been directly
linked to this restaurant; however, based on inspections, they have not been doing everything correctly
since the training. Mr. Martinez added that they have implemented a new maintenance policy for the
refrigeration units. In response to Commissioner Conway, Ms. Adamson recommended the $1,000.000
fine be allowed to count towards compliance and the employment of a third-party food safety expert.
Commissioner Conway advised the owner not to squander this opportunity.
Li Chair Rademacher concurred, and Commissioner Garcia moved to approve the resolution, which
includes an 2-3 day suspension, and allows the penalties to be waived in order to go towards the cost
of hiring a consultant. Commissioner Kirkmeyer said if Mr. Martinez has to come back before the Board,
she will vote to revoke this license because the Commissioners' job is to protect the public. It was also
clarified that the three day suspension could be carried onward if the criteria for re-opening were not
met. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance#2014-9 was approved on Final Reading.
Minutes, Monday, August 11, 2014 2014-2496
Page 4 BC0016
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
There being no further business, this meeting was adjourned at 11:21 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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Sean P. Conway
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Minutes, Monday, August 11, 2014 2014-2496
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