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HomeMy WebLinkAbout20081929.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JULY 9, 2008 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 Centennial Center, Greeley, Colorado, July 9, 2008, 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 William H. Jerke, Chair Commissioner Robert D. Masden, Pro-Tem Commissioner William F. Garcia Commissioner David E. Long Commissioner Douglas Rademacher Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Jennifer VanEgdom Controller, Barb Connolly MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners meeting of July 7, 2008, as printed. Commissioner Rademacher seconded the motion, and it carried unanimously. AMENDMENTS TO AGENDA: Chair Jerke added new Item of Business #4: Consider Statement of Support for Modified Alternative Three of Draft Environmental Impact Statement - Long Draw Reservoir Enlargement [2008-1930] PUBLIC INPUT: No public input was given. CONSENT AGENDA: Commissioner Masden moved to approve the consent agenda as printed. Commissioner Long seconded the motion, and it carried unanimously. PRESENTATIONS: RECOGNITION OF SERVICES, COMMUNITY CORRECTIONS BOARD- BRETT REESE: Chair Jerke read the certificate into the record, recognizing Brett Reese for two years of service on the Community Corrections Board. RECOGNITION OF SERVICES, ISLAND GROVE PARK ADVISORY BOARD - MARY BOHLENDER: Chair Jerke read the certificate into the record, recognizing Mary Bohlender for eight years of services on the Island Grove Park Advisory Board. 2008-1929 BC0016 fit)- -7/) _/) S� RECOGNITION OF SERVICES, DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT- MARIAN RUGE: Chair Jerke read the certificate into the record, recognizing Marian Ruge for 19 years of service with the Department of Public Health and Environment. Gaye Morrison, Department of Public Health and Environment, was present to present the certificate to Ms. Ruge. Ms. Ruge received her certificate and stated while employed with the Department, she has been involved with DRIVE SMART Weld County, and other assorted duties regarding nutrition programs. She indicated Commissioner Long has agreed to participate in an upcoming safety tailgating party, where "celebrities" drive cars on a closed course while wearing fatal vision goggles, to simulate the effects of drunk driving, and she passed around example goggles for the Commissioners to try on. Ms. Ruge indicated she has been known throughout her employment to dress up in wild and crazy costumes to stress the importance of nutrition. She indicated she understands that the Commissioners jobs are somewhat stressful, and she wants to encourage the Commissioners to eat healthier, therefore, she passed around a basket of stress balls, in various fruit shapes,to be utilized as a reminder by the Board. Commissioner Rademacher expressed his appreciation to Ms. Ruge for her dedication, and indicated she is a great example for Weld County. He wished her well in her future endeavors during retirement. Commissioner Masden stated Ms. Ruge has brought forth a positive image for Weld County, and he expressed his appreciation for her service and positive impact on the citizens of Weld County. He further expressed his appreciation for her dedication of promoting good health, and indicated Ms. Ruge was always able to brighten people's days, she will be missed, and she will not be easily replaced. Commissioner Long indicated Ms. Ruge has been an inspiration and an institution, and the rest of the world will gain from her knowledge. Commissioner Garcia concurred with the statements made by other Board members and expressed his appreciation to Ms. Ruge for the changes she has brought about, including reminders about making changes to impact lives. Chair Jerke indicated Ms. Ruge will be a great ambassador for the Country of Ghana, and he expressed his appreciation for her dedication. COMMISSIONER COORDINATOR REPORTS: Commissioner Long stated the Governor has created a special task force known as the Fatality Review Team, and there is now a movement by the State of Colorado to bring back a merit pay system to small counties. He indicated the smaller counties will eventually become a part of the State system, paid through Child Welfare Block funds, which will create competition at CCI conferences, and he believes there are better ways to address the situation without having to go backwards in time. He stated he believes the current County-administered system does work, and the proposed change will dilute funds since Counties will be competing with the State salary system versus a County salary system. He stated he understands there are unsolved issues with attracting employees to rural areas of the State; however, he believes there are better ways to address the issues. Chair Jerke indicated it might be beneficial for the Board to conduct a work session to learn about this issue in depth. Commissioner Long explained the plans at this point are within elementary stages, and when enough information has been collected, he will schedule a work session to share more information. Commissioner Masden stated notice was recently received that the Army Corps of Engineers has provided a 45-day extension of the time limit to receive comments for the Northern Integrated Supply Project. He stated 45 days will be more than adequate, and the Board needs to continue to rally for support of the project, since it is imperative for the future and longevity of Weld County and throughout the front range. WARRANTS: Barb Connolly, presented the following warrants for approval by the Board: All Funds $1,679.588.48 Commissioner Masden moved to approve the warrants as presented by Ms. Connolly. Commissioner Garcia seconded the motion, which carried unanimously. Minutes, July 9, 2008 2008-1929 Page 2 BC0016 NEW BUSINESS: CONSIDER AGREEMENT FOR CONVEYANCE OF EASEMENT AND GRANT OF PERMANENT EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 2 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS-DIAN S.TATE REVOCABLE TRUST: Leon Sievers, Department of Public Works, stated this is the last parcel the Department will acquire for the County Road 2 Improvements Project, being completed in conjunction with Adams County. He stated the property is located on the north side of County Road 2, and west of County Road 45. He indicated the Department will acquire 400 square feet of permanent easement, in the minimum amount of$500.00. He indicated there are no other costs associated with this property; therefore, the total amount of compensation to the landowner is in the amount of$500.00. Commissioner Masden moved to approve said agreement and grant of easement and authorize the Chair to sign any necessary documents. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER ADDENDUM TO INTERGOVERNMENTAL AGREEMENT FOR REPLACEMENT OF COUNTY BRIDGE NO. 13/54A OVER THE BIG THOMPSON RIVER AND AUTHORIZE CHAIR TO SIGN - LARIMER COUNTY: Wayne Howard, Department of Public Works, stated the Board approved an amendment to the contract with the Colorado Department of Transportation (COOT) several weeks ago, regarding swapping funds for projects associated with two bridges. He indicated the increased amount of money available for this project impacted the Intergovernmental Agreement completed with Larimer County, therefore Weld County has requested that Larimer County increase it's cost share by$35,000.00 to match the amount provided by Weld County. He clarified the overall total cost to Weld County is not amended, due the amount of decreased funds required through the second project. In response to Commissioner Rademacher, Mr. Howard confirmed Larimer County has approved, and signed, the agreement. Commissioner Rademacher moved to approve said addendum and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously. CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES AT VARIOUS COUNTY ROAD INTERSECTIONS: Mr. Howard stated a long list of intersections has been provided as Exhibit A, which are mostly T intersections or intersections where a gravel road connects with a paved road. He stated the Department has begun a pro-active approach with identifying uncontrolled intersections throughout the County, most within developing areas. He indicated the Department would like to enact a uniform listing of necessary locations without signing, rather than receiving complaints and traveling to study an intersection individually. He further stated staff has identified the attached locations, and is requesting approval for placement of traffic control devices, in accordance with the required guidelines listed with the Manual on Uniform Traffic Control Devices (MUTCD). He clarified the request for installation normally occurs one intersection at a time; however, the Department is seeking approval of all of the intersections listed within Exhibit A. Chair Jerke indicated the installation of the signs will benefit the traveling public. Commissioner Rademacher indicated he has been working with the Department regarding this issue for the past six months, and staff is working to identify the high growth areas within the County, which are mainly south and west of the City of Greeley. He indicated the Department is committed to working within the areas identified as priority areas, and he supports the Resolution. Commissioner Long stated he is not certain which of the listed intersections are located within open-range territory; however, he requested that the Department place an old tire around the base of the posts located within open range so that cattle do not rub up against the post and cause damage. He indicated the signs located within the Pawnee National Grasslands have recently had tires placed around the base of the signs,which has been working well, and has extended the longevity of the posts. Responding to Commissioner Masden, Commissioner Rademacher indicated over 600 intersections were originally identified by the Department; however, the objective of the Department is to focus on uncontrolled and/or gravel intersections within high growth areas of the County. Mr. Howard confirmed the rural portions of the County do not expect to see traffic control devices,and it is not the goal of the Department to place signs within those areas until development begins to occur. He confirmed the provided list contains 37 intersections, and the Department will continue the Minutes, July 9, 2008 2008-1929 Page 3 BC0016 placement of signs at these locations within the next few years. Commissioner Rademacher moved to approve said installation of traffic control devices. Seconded by Commissioner Garcia,the motion carried unanimously. CONSIDER STATEMENT OF SUPPORT FOR MODIFIED ALTERNATIVE THREE OF DRAFT ENVIRONMENTAL IMPACT STATEMENT-LONG DRAW RESERVOIR ENLARGEMENT: Bruce Barker, County Attorney, stated he recently provided a draft attachment, via e-mail, which should be attached to the Resolution, and he clarified the County's response to the matter is due by Friday, July 11, 2008. He stated the Forest Service has recommended an alternative, requiring that Water Supply and Storage Company(WSSC)provide for re-population of certain species of fish above the Long Draw Reservoir. He indicated a past alternative,approved ten years ago,allowed for ajoint operating plan between WSSC and the Cities of Greeley and Fort Collins, funded re-population of fish and allowed for flows to run through during the wintertime. He indicated the group has recommended to the Forest Service that instead of adopting the Preferred Alternative, the Forest Service adopt Modified Alternative Three, which provides for a sharing of the costs involved, and will address issues concerning the enlargement of the Long Draw Reservoir. Mr. Barker stated the Resolution indicated the Board supports the adoption of Modified Alternative Three,which is essentially supporting the position of the WSSC and the City of Greeley. Chair Jerke confirmed Modified Alternative Three is supported by WSSC, the Cities of Fort Collins and Greeley, the Nature Conservancy, and Trout Unlimited. He indicated the environmentalists, municipal users, and agricultural users understand this alternative is the right way to provide restoration, rather than requiring WSSC to pay for the restoration of greenback cutthroat trout. He stated he supports the Resolution and he understands the need for a quick turnaround of the matter in order to present the Resolution to the Forest Service no later than Friday. Mr. Barker explained the third paragraph of the Resolution explains the Long Draw Reservoir Enlargement will provide irrigation water to thousands of acres of farmland within Weld County, providing a secure food supply for the residents of Colorado. He further explained the eighth paragraph of the Resolution indicates that the Forest Service is required to cooperate with State and Local authorities, holders of water rights, and interested parties, to minimize damage to the environment. He stated Modified Alternative Three will satisfy that requirement. Commissioner Rademacher moved to approve said statement of support. Seconded by Commissioner Long, the motion carried unanimously. OLD BUSINESS: CONSIDER APPLICATION FOR MASSAGE PARLOR LICENSE AND AUTHORIZE CHAIR TO SIGN - PCT, LLC, DBA THE SPA(CON'T FROM 07/07/08): Mr. Barker indicated the applicant was not present at the previously scheduled meeting, therefore, the Board continued the matter. He stated the applicant appears to be present today, and is also represented by Attorney Patrick Groom. Mr. Barker clarified the lease submitted with the original application materials was valid through the end of July, 2008, therefore, he requested that a new lease be provided,and the applicant has provided a new lease which satisfies the requirement of a one-year lease. He clarified the Board members desired to ask questions of the applicant after hearing a report from Deputy Alan Caldwell of the Sheriff's Office at the previous meeting. He confirmed all of the requirements of the application for a Massage Parlor License have been provided by the applicant, and the letter provided to the applicant by Commissioner Rademacher indicates the notice of public hearing was properly posted at the establishment during an inspection of the facility. He suggested the Board converse with Bethany Salzman, Department or Planning Services, and/or Mr. Caldwell,to address any outstanding questions, and then allow the applicant to provide any necessary testimony. ChairJerke indicated Mr.Caldwell discussed several issues at the previous hearing,regarding the previous history of the location of the establishment, and he requested Mr. Caldwell again summarize the issues previously presented. Mr. Caldwell indicated he was previously a Detective with the Sheriff's Office, and he was in a lead position with the case dealing with alleged prostitution at the former establishment of the current facility. He indicated the memorandum he provided, dated January 4, 2008, provides a summary Minutes, July 9, 2008 2008-1929 Page 4 BC0016 of the issues of the former establishment,and with the Board's permission, he read the memorandum into the record, providing details of the previous establishment, including a link to Su Steinbech, the operator of the current establishment. He clarified since the memorandum was submitted, the previous owner has since reached a plea agreement with federal authorities, and all charges have been dropped, and he indicated the applicant is not currently a suspect in any Weld County criminal case. He further clarified he has conducted two additional inspections of the facility, in conjunction with Commissioner Rademacher, in February, 2008, and again within the past week. He stated his recommendation is that the application not be approved due to the link between the applicant and previous business owner who was found to be operating a place of prostitution at the same exact address where the applicant is conducting business, and due to the fact that the applicant was previously identified as a prostitute during a federal investigation. He further stated at the time a search warrant was served on the premises, a citizen, requesting anonymity, indicated her daughter had been offered ajob as a prostitute at the establishment in December, 2007. In response to Commissioner Masden, Mr. Caldwell indicated he is not aware of whether anyone is residing at the establishment permanently; however,the establishment does contain a full-size operable kitchen with a living room area, and there appears to be a bedroom with a queen-size bed, with an attached bathroom. He further stated he has not personally interviewed anyone who has engaged in business with the previous owner, and he clarified the photo lineup in which the applicant was identified was conducted by federal authorities. He confirmed the federal authorities did give him direct information, and requested that the Sheriffs Office participate jointly in the investigation. Responding to Commissioner Garcia, Mr. Caldwell indicated during his inspections of the establishment, the interior of the establishment looked exactly the same during each inspection, until the most recent inspection, which took place last week. He clarified the steam room and sauna have not been in operating condition during each inspection, and he is unsure whether they are operable at all; the side panel to the hot tub has been removed, and never replaced; and the beds and other furniture have always been within the same location, and there has been no attempt to re-arrange furniture. He indicated during the most recent inspection conducted with Commissioner Rademacher, a large sign was posted at the front of the establishment,and for the first time, the door to the establishment was not locked. In response to Commissioner Garcia, Mr. Caldwell confirmed the sign was the notice of public hearing. Patrick Groom, Attorney, represented the applicant and indicated it is very frustrating that he did not previously receive a copy of Mr. Caldwell's memorandum, detailing the information be provided today. He stated if it turns out that the allegations are true, he could have previously met with the applicant and declined to proceed on her behalf. He confirmed he does not support prostitution, and will not represent clients that he knows are involved with prostitution; however, because he was not provided with the information presented by Mr. Caldwell, he can only rely on what the applicant has told him. He indicated the applicant is present today, accompanied by her boyfriend Bill Cooper, and all three are surprised by the allegations presented by Mr. Caldwell. He confirmed the applicant did work at the previous establishment, and was a registered employee as a cleaner and cook, who occasionally filled in for massages. He indicated he received a regular paycheck, unlike the other prostitutes who worked at the establishment, and she quit at the establishment three months before the previous owner was arrested because she was being forced to do things she did not want to do. He clarified the applicant did not engage in prostitution, and the applicant does not deny that Ms. Gates, the previous owner, did run a prostitution parlor. He stated the applicant's previous employment at the establishment does not prove that she has been involved with prostitution activities. Mr. Groom stated the applicant opened her business on August 1,2007,and shortly after opening,she submitted her application materials fora Massage Parlor License, and was told this is the first time the Board has considered a Massage Parlor License. He indicated the delay in hearing the case was caused by delays in receiving background results from the Colorado Bureau of Investigation; however, the results indicate the applicant does not have any criminal charges or convictions. He indicated he does not understand why the applicant was not charged with prostitution if the information which Mr. Caldwell presented is accurate. He indicated the only evidence linking the applicant to prostitution activities was told to Mr. Caldwell by someone who is not identified. He Minutes, July 9, 2008 2008-1929 Page 5 BC0016 further indicated since the applicant has never been arrested, a photograph must have been used to identify her in a lineup; however, he is unsure of what picture was utilized, therefore, there may have been a misunderstanding. He confirmed the applicant has been operating the business and there has not been any charge of prostitution since her facility has been inspected, and he assumes undercover agents have been present at the establishment on numerous occasions as well. He clarified that Mr. Caldwell previously testified that the setup of the establishment is the same; however, he did not address whether items utilized for prostitution were found on the premises,and he believes Mr. Caldwell was not able to find these items since the applicant has not been engaging in prostitution. He indicated no members of the public have attended the hearing to provide opposition, the applicant is requesting to run a legitimate massage business, and she does not intend to engage in prostitution. Mr. Barker indicated he assumed a copy of the memorandum was provided to Mr. Groom, and he expressed his apologies to Mr. Groom for not previously providing a copy of the memorandum. Bill Cooper indicated Ms. Steinbech is somewhat English deficient, therefore, she understands questions better when others speak slowly. In response to Chair Jerke, Mr. Cooper indicated Ms. Steinbech did have knowledge of the previous prostitution activities occurring while the former owner operated the establishment; however, at the recommendation of her CPA, she requested to be a payroll employee,with the proper taxes withheld, and worked as a shopper, cleaner, and laundress for travelers from out of state who did engage in this type of practice. He confirmed Ms. Steinbech is a local resident, owns her own house, and has decent credit worthiness. He stated Ms. Steinbech understands what the business used to be, and she is sub-leasing the establishment from another party who has taken over the lease of the establishment. He stated she does not advertise in any type of trade magazines, and she concentrates on the business of providing showers for truckers, and on occasion provides a full body massage. Chair Jerke indicated applicants typically provide a summary of credentials or certifications acquired as testimony of their ability. In response to Chair Jerke, Mr. Cooper indicated Ms. Steinbech has not obtained a degree, nor is she a certified massage therapist; however, she was provided training through her previous position at the former establishment. He clarified her original position with the former establishment was not as a masseuse, and she does not have formal training within the healing arts field. Responding to Commissioner Masden, Mr. Cooper indicated several people utilized the facility as a residence during the former ownership of the establishment, and confirmed the kitchen is functional; however, no one is currently residing at the establishment. Further responding to Commissioner Masden, Mr. Cooper indicated the hours of operation are 9:00 a.m., to 9:00 p.m., and the previous hours of operation under the former ownership extended past midnight. He further stated the steam room is utilized, the sauna is operable, but utilized very infrequently, and the hot tub has never been fixed and has been out of operation since before Ms. Steinbech took over operations. He indicated Ms. Steinbech desires to continue operating the business to provide showers and massages, and confirmed no modifications have been made to the premises. He indicated several potential applicants have approached Ms. Steinbech; however, she runs the business by herself, and does not trust anyone else. Mr. Barker clarified the Sheriffs Office has the right to enter the licensed premises in order to conduct inspections at any time during business hours, and does not need to provide advance warning of the inspection. In response to Commissioner Rademacher, Mr. Caldwell indicated residents which are here legally, either attending school or through a work study program, are able to obtain a Social Security card. Mr. Groom clarified any legal resident within the United States may obtain a Social Security card, and all permanent residents are issued a Social Security number. Commissioner Rademacher indicated he has inspected the establishment twice, once in February, 2008, and once in June, 2008. He clarified his daughter is a licensed and certified massage therapist, therefore, he has an understanding of what equipment is expected to be utilized for massage, including massage tables and massage chairs. He expressed his concern that during his inspections, he did not find any equipment within the establishment which could be utilized for massage therapy. He clarified the beds Minutes, July 9, 2008 2008-1929 Page 6 BC0016 were very low to the ground, and he believes it is imperative that a massage be given on a table or chair situated at an appropriate height. He further stated it was not his position to judge the background of the applicant; however, the condition of the facility today does not represent a massage facility. He indicated he is torn about whether to approve the application or to deny it, because if the Board approves the application,and the establishment becomes a licensed premises,the County has more authority to monitor the activities at the establishment. Chair Jerke expressed his appreciation to Commissioner Rademacher for his comments; however, he struggles with legitimizing this establishment with the understanding that a licensed premises would constitute a greater law enforcement presence. He indicated too much testimony has been provided which leads him to believe the establishment, nor the profession of the operator, may be legitimized. He further indicated the activities which have happened within the past are relatively likely to happen within the future. He stated he will not support approval of the application. Commissioner Masden stated as he has listened to the testimony provided, it is apparent that the facility has a storied past, and he is concerned with the connection between the current operator and the previous operator. He indicated it is his hope that the establishment is operating as a legitimate business; however, the activities which have taken place within the past leads to questions of what will happen within the future. He stated he does not feel confident enough to support approval of the application and clarified during the first visit completed by Commissioner Rademacher, it was apparent that prostitution activities may have been occurring. Commissioner Garcia stated he has determined that the facility is not ready for occupancy due to the inadequate furniture, fixtures, and equipment, especially concerning the bedding described by Commissioner Rademacher, the broken hot tub, and the problems with the steam room and sauna. He clarified he believes the preparation of the premises for occupancy has not been met. He expressed his concerns regarding the neighborhood of the facility, and indicated there are no other massage parlors within the neighborhood; however, he is concerned that unsolicited applicants are still seeking employment with the establishment, as admitted by the applicant. He indicated the random applicants are not a benefit to the neighborhood, and the previous criminal activity of the premises still lingers, therefore, he is not in support of the application. Commissioner Long concurred with the comments previously provided by the Board, and indicated he believes the business of massage therapy is legitimate; however, without the proper equipment and fixtures, as previously described, he is concerned about what activities are really taking place within the establishment. He clarified he believes this business is not legitimate since the operator has not obtained the proper certification or education to be a trained therapist. He stated effective massage therapy requires the utilization of certain equipment, which was not found within the establishment, therefore, he does not support the application. Commissioner Rademacher indicated he will not support the application due to the lack of certification, the lack of proper equipment, and the use is not compatible within the neighborhood. Mr. Barker clarified the requirements contained within Section 12-48.5-104(4), C.R.S., deal with the reasonable requirements of the neighborhood, which require that the Board review whether there are any other licensed establishments within the neighborhood, and whether another licensed establishment is necessary; however, in this instance, there are no other licensed establishments within the neighborhood. He further clarified the Board must take the desires of the inhabitants of the neighborhood into consideration, as evidenced by petitions or remonstrances; however, no other residents of the neighborhood have come forth to state they support this use within the neighborhood. Commissioner Masden indicated he concurs that the establishment is not compatible with the neighborhood since there are many residential and industrial uses within the area. He confirmed there are no petitions or requests Minutes, July 9, 2008 2008-1929 Page 7 BC0016 within the file for a business of this nature, therefore, he does not believe an adequate need exists. Commissioner Garcia expressed his appreciation to Mr. Barker for the clarification provided regarding State statute, and indicated he believes any similar usage of the building will bring about customers which are undesirable to the neighborhood. Commissioner Rademacher moved to deny said application for massage parlor license, based upon the findings he previously stated. Seconded by Commissioner Masden, the motion 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 Acting Clerk to the Board. There being no further business, this meeting was adjourned at 10:25 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 1E 11„f ATTEST: '� I f: t Weld County Clerk to the B.c�c '� ' � Willi Jerke, Chair {% "/ Robert M sdgn, Pro-Tem BY: wl.ili/ / r' ��S►Ji..�i. .(�3;+ \ l Deputy Clerk t.te Board WiV2 rt �_-Jf/ �avidggE��ass ��E. Long ( vvi DoouglZs RRadema her s1�^� Minutes, July 9, 2008 2008-1929 Page 8 BC0016 Hello