HomeMy WebLinkAbout20032533.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 27, 2003
TAPE #2003-34
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, August 27, 2003, 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 David E. Long, Chair- EXCUSED
Commissioner Robert D. Masden, Pro-Tem
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Carol A. Harding
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Vaad moved to approve the minutes of the Board of County Commissioners
meeting of August 25, 2003, as printed. Commissioner Geile seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: Chair Pro-Tem Masden added as New Business#7, Consider Contract
for the Early and Periodic Screening, Diagnosis and Treatment Program and authorize the Chair to sign.
CONSENT AGENDA: Commissioner Vaad moved to approve the consent agenda as printed.
Commissioner Jerke seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, COMMUNITY CORRECTIONS BOARD - ARLENE CHACON: Chair
Pro-Tem Masden read the certificate of appreciation being awarded to Arlene Chacon for her work on the
Community Corrections Board. Ms. Chacon was not present to receive her award.
RECOGNITION OF SERVICES, WELD LARIMER REVOLVING LOAN FUND COMMITTEE - PHILIP
NEVILLE: Chair Pro-Tem Masden read the certificate of appreciation being awarded to Philip Neville for his
work on the Weld Larimer Revolving Loan Fund Committee. Mr. Neville was not present to receive his
award.
RECOGNITION OF SERVICES, BOARD OF RETIREMENT - DREW SCHELTINGA: Chair Pro-Tem
Masden read the certificate of appreciation being awarded to Drew Scheltinga for his work on the
Retirement Board. Mr. Scheltinga was not present to receive his award.
2003-2533
BC0016
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
PUBLIC INPUT: There was no public input.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $262,580.96
Electronic Transfers -All Funds $2,618,996.84
Commissioner Vaad moved to approve the warrants as presented by Mr. Warden. Commissioner Geile
seconded the motion, which carried unanimously.
BIDS:
PRESENT BIDS: Mr. Warden stated there are no bids to present.
NEW BUSINESS:
CONSIDER APPLICATION FOR ATEMPORARY ASSEMBLY OF MORE THAN 350 PERSONS-RONALD
MCDONALD HOUSE CHARITIES OF DENVER, INC.:Bruce Barker,County Attorney,stated this item and
the next should be heard simultaneously. Ronald McDonald House Charities of Denver, Inc.is requesting
approval for an event to be held on property owned by Jesse Rodriquez. Earlier this year the Board had
granted a permit for a two-day event held on the same property. Mr. Barker stated there is a Use By Special
Review Permit pending; however, the Board cannot discuss that issue at this time. He stated there are
letters in the file which were submitted in response to the Use By Special Review referrals referencing the
event that took place in July and,therefore, pertain to this event. Ismael Aldana,applicant,apologized for
any neglect in July,and stated the applicants will abide by any conditions the Board deems necessary. In
response to the complaints that were received, Mr.Aldana submitted pictures of the site (marked Exhibit
A)and stated the trash was picked up by R&M Drain and Waterproofing, Inc.; however,on July 21,2003,
illegal dumping took place and the site was again cleaned up on August 12,2003,as verified in a letterfrom
Maria Olvera (marked Exhibit D). Mr.Aldana also presented letters from Marguerita Barron, an adjacent
property owner,and Orozco Security Agency,(marked Exhibits B and C,respectively). In response to Mr.
Barker, Mr. Aldana stated the event on the permit being requested is for a one-day event instead of two
days, and they are expecting a lot less people to be at this event, and stated the reason for holding it is
simply an effort to raise money for Ronald McDonald House of Charities, stating $10,000 to$20,000 per
year will be given to that charity. Mr.Aldana stated this is a family event, held during the daytime hours so
the noise does not effect the neighborhood. Mr.Aldana stated the event will be held from 11 a.m.to 8 p.m.,
and in response to Commissioner Geile,stated the applicant is Rodriquez/Gallegos Broadcasting,dba La
Ley 1170 a.m., from Windsor. He stated the event is held on an 80 acre parcel; however, less than 15
acres are used for the event,and the last event attracted 1,500 people. He said there is a parking area that
is 500 feet by X 300 feet and is completely off-road. In response to the comments submitted by the Town
of Mead, Mr.Aldana stated no animals were present;the event is for Mexican regional artists who play their
favorite songs, giving the families a chance to enjoy the music and participate in activities. Responding
further to Commissioner Geile, Mr.Aldana stated the stage area faces west,which is directly across from
the neighbor who had no problem with the event,and if there is a problem with the sound,it can be changed
to face north,where there are fewer houses. Responding to Commissioners Vaad and Jerke, Mr.Aldana
stated the only option to prevent illegal dumping of garbage would be to hire a security firm to patrol,and
the event held in July resulted in a check of$2,000, plus approximately 50 passes to Elitch's Garden in
Denver. He stated there are big up front costs,such as security,portable restrooms,and security;although
they do charge$5.00 per person to help defray expenses. He stated they sell liquor,and provide soda and
water free of charge. Responding to Commissioner Masden,Mr.Aldana reiterated there is a large parking
area designed for traffic control,with three entrances,and all drinking is confined to a 50 foot by 50 foot beer
garden which is double fenced. He stated the alcohol is managed and distributed responsibly, and
Minutes, August 27, 2003 2003-2533
Page 2 BC0016
individuals serving have received TIPS training. Mr.Aldana also stated liquor was not delivered prior to July
19th , although one of the pictures showing a Coors truck was marked as being taken on the 18th.
Responding to CommissionerJerke,Mr.Barker stated the only notice given was the posting of the property
ten days prior to this hearing. CommissionerJerke stated the applicant has a track record with complaints
having been filed,and he has a real problem using charity as the applicant for an event;therefore he will not
support approval of this application. Mr.Barker stated Section 12-48-103,C. R.S.,states the organization
is required to show other existing facilities are not available for the needs of the organization when applying
for a Special Event Permit. Mr. Aldana stated they do not use the charity as a wall, there are strict
regulations regarding hosting an event, and the event was planned in order to donate money to a good
cause. He also stated to have a family event in the Hispanic community,the best alternative is a night club
which is not appropriate for children. Mr.Aldana stated a lot of the complaints are directly related to the Use
By Special Review Permit being proposed,and reiterated there is no revenue gained for the radio station.
No public testimony was given. Responding to Commissioner Vaad, Mr. Aldana stated the only other
facilities are taverns, which would cost much more and are not appropriate for families. Commissioner
Geile stated this is a family event;the application is under the name of Ronald McDonald House of Charities,
not the radio station;no other facilities exist in the area appropriate for this type of event;consequently,the
issues stated in the Mead letter have been adequately addressed. Therefore,Commissioner Geile moved
to approve said application and special events license. The motion,was seconded by Commissioner Vaad.
Commissioner Jerke stated there is one large facility at State Highway 119 and Weld County Road 7,and
a new application was recently approved on 1-25 and Weld County Road 66, both of which are Hispanic-
oriented liquor licensed facilities;therefore,he is opposed to the motion. On a call for the vote,the motion
carried three to one, with Commissioner Jerke opposed.
CONSIDER APPLICATION FOR SPECIAL EVENTS PERMIT AND AUTHORIZE CHAIR TO SIGN -
RONALD MCDONALD HOUSE CHARITIES OF DENVER, INC.: See previous item.
CONSIDER CONSULTANT AGREEMENT FOR HEAD START PROGRAM AND AUTHORIZE CHAIR TO
SIGN - A. ROSE SHAW: Walt Speckman, Director of Human Services, stated this is a consultant
agreement to evaluate the organizational and administrative structure of the Head Start Program,to provide
recommendations for ways to more effectively provide services to families and children. Commissioner
Jerke stated he has discussed this with Mr. Speckman,who agrees this is a good idea,since the program
operates on both slopes with numerous co-directors which may add to difficulties managing the program.
Commissioner Jerke moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Vaad, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 61 BETWEEN WCRS 64 AND 66: Frank Hempen, Jr.,
Director of Public Works, stated this road was closed because of the collapse of a cross road culvert on
July 24,2003. Staff has negotiated with the property owner to shut down the water,and they will complete
the repair and re-open the road on September 4, 2003. Commissioner Vaad moved to approve said
closure. The motion, which was seconded by Commissioner Geile, carried unanimously.
CONSIDER PETITION TO VACATE A PORTION OF WCR 74 RIGHT-OF-WAY-DAVID SCHUMP: Mr.
Barker stated in 1990,Weld County straightened Weld County Road 74 as it went around a reservoir near
Windsor,known as Thompson Lake. He said the lake was drained,the dam rebuilt,and the roadway was
put straight through,although the right-of-way for the road traveling around the south part of the lake was
never vacated. It originally provided access to a property on the south of the lake which has subsequently
sold and that portion of right-of-way vacated. However,the eastern part of the roadway was never vacated
and the vacation is now being requested by David Schump, who owns all property adjacent to this
right-of-way. No public testimony was given. Commissioner Vaad moved to approve said petition. The
motion was seconded by Commissioner Geile. On a call for the vote, the motion carried unanimously.
Minutes, August 27, 2003 2003-2533
Page 3 BC0016
CONSIDER APPOINTMENT AND REAPPOINTMENT TO UNDESIRABLE PLANT MANAGEMENT
ADVISORY BOARD: Commissioner Vaad moved to reappoint Cynthia Telep Turner and to appoint Scott
Houston to replace Karen Scopel and Cynthia Lair to replace David Cook on the Undesirable Plant
Management Advisory Board. The motion, which was seconded by Commissioner Geile, carried
unanimously.
CONSIDER CONTRACT FOR THE EARLYAND PERIODIC SCREENING,DIAGNOSIS AND TREATMENT
PROGRAM AND AUTHORIZE THE CHAIR TO SIGN: Mark Wallace, Director of Public Health,stated the
term of the agreement is July 1,2003,through June 30,2004,for case management,outreach,and support
services for children up to the age of 21 who are on Medicaid. Commissioner Geile moved to approve said
contract and authorize the Chair to sign. Seconded by Commissioner Vaad, the motion carried
unanimously.
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR
IMPROVEMENTS (PRIVATE ROAD MAINTENANCE), AUTHORIZE CHAIR TO SIGN, AND ACCEPT
COLLATERAL FOR SITE PLAN REVIEW#362-STA LABORATORIES, INC.:Chris Gathman,Department
of Planning Services, stated a letter of credit has been received for the appropriate amount, and staff
recommends approval. Don Carroll, Department of Public Works, stated he has reviewed the
transportation portion of the agreement to verify quantities and unit cost, which appear to be adequate.
Commissioner Geile moved to approve said agreement, authorize the Chair to sign, and accept said
collateral. The motion, which was seconded by Commissioner Vaad, 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 10:30 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
a�°� � � /I EXCUSED
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Robert D. sden, Pro-Tem
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GI nn Vaad
Minutes, August 27, 2003 2003-2533
Page 4 BC0016
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