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Home My WebLink About20183006.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO SEPTEMBER 19, 2018 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, September 19, 2018, 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 Steve Moreno, Chair Commissioner Barbara Kirkmeyer, Pro -Tern - EXCUSED Commissioner Sean P. Conway Commissioner Julie A. Cozad Commissioner Mike Freeman Also present: County Attorney, Bruce Barker Acting Clerk to the Board, Stephanie Frederick Controller, Barbara Connolly • MINUTES: Commissioner Conway moved to approve the minutes of the Board of County Commissioners meeting of September 17, 2018, as printed. Commissioner Freeman seconded the motion, and it carried unanimously. • AMENDMENTS TO AGENDA: There were no amendments to the agenda. • CONSENT AGENDA: Commissioner Cozad moved to approve the Consent Agenda as printed. Commissioner Freeman seconded the motion, and it carried unanimously. • PUBLIC INPUT: Bill Gillard, resident of Greeley, referred to two (2) recent articles in The Greeley Tribune and expressed his frustration with the way Weld County tax payers' money is being spent. Mr. Gillard questioned the Board's approval of a resolution to reimburse the legal fees of Commissioner Cozad. Bruce Barker, County Attorney, explained the Commissioners decide which expenses are a reimbursable expense. The Commissioners approved the Warrants on March 7, 2018, and clarified the process by approving the Resolution on Monday, September 17, 2018. Mr. Barker stated the decision to reimburse Commissioner Cozad was based on the determination that the legal representation addressed a question which impacts all Home Rule municipalities and Counties, not just her personally. a. Commissioner Conway stated he and Commissioner Cozad attended the recognition of the 10th Anniversary of the creation of the Weld County Adult Treatment Court. He stated since its creation, 97 people have graduated and the cost savings to the County have been substantial. He reported the Adult Treatment Court focuses on family reunification, getting peoples' lives back on track and graduates ci Minutes, September 19, 2018 Page 1 2018-3006 BC0016 mentoring other people struggling with substance abuse issues. Commissioner Cozad expressed she was honored to attend the recognition and recognized not only the cost benefits, but the program saves lives. She stated the Drug Treatment Court has beneficial impacts on families and young children. Chair Moreno recognized former Commissioner Bill Garcia assisting the creation of the Adult Treatment Court and which helps rehabilitate people to become contributing citizens. Commissioner Conway extended his appreciation to Judge Kerns and the continued support from the current Board of Commissioners. BIDS: • 1) APPROVE BID #61800135, EXTENSION BUILDING REMODEL - DEPARTMENT OF BUILDINGS AND GROUNDS: Rob Turf, Department of Purchasing, presented the four (4) bids received and stated staff recommends awarding to the low bidder, Classic Contractors, Inc., for the total amount of $124,990.00. Commissioner Freeman moved to approve said low bid. The motion was seconded by Commissioner Conway, and it carried unanimously. NEW BUSINESS: la 1) CONSIDER REVISIONS TO POLICIES AND PROCEDURES OPERATIONS MANUAL, SECTION 1.000 GENERAL PROVISIONS, AND SECTION 2.000 FOSTER/KINSHIP: Jamie Ulrich, Deputy Director of the Department of Human Services, presented the revisions to the operations manual clarifying the Department's procedures for facilities and foster homes that provide twenty-four (24) hour out -of -home care. Commissioner Cozad moved to approve said revisions to operations manual. The motion, which was seconded by Commissioner Freeman, carried unanimously. • 2) CONSIDER CONTRACT ID #2038 AGREEMENT FOR RESPITE SERVICES AND AUTHORIZE CHAIR TO SIGN - THOMAS AND TASHA TUCKER: Ms. Ulrich reviewed the terms for the agreement. Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner Conway, carried unanimously. 3) CONSIDER CONTRACT ID #2039 AGREEMENT FOR RESPITE SERVICES AND AUTHORIZE CHAIR TO SIGN — KAREN BRAUNAGEL: Ms. Ulrich presented the details of the agreement. Commissioner Conway moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Cozad, and it carried unanimously. • 4) CONSIDER CONTRACT ID #2055 AGREEMENT FOR RESPITE SERVICES AND AUTHORIZE CHAIR TO SIGN - ALICE SHENK: Ms. Ulrich presented the agreement for respite services. Commissioner Cozad moved to approve said agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner Freeman, carried unanimously. • 5) CONSIDER CONTRACT ID #2061 EXPENDITURE AUTHORIZATION FOR VARIOUS WORKFORCE DEVELOPMENT PROGRAMS AND AUTHORIZE CHAIR TO SIGN: Ms. Ulrich presented the terms of the Expenditure Authorization for the various Workforce Development Programs; including the dislocated worker, youth, and migrant seasonal farm worker programs. Commissioner Conway moved to approve said expenditure authorization and authorize the Chair to sign. The motion, which was seconded by Commissioner Freeman, carried unanimously. ▪ 6) CONSIDER CONTRACT ID #2062 EXPENDITURE AUTHORIZATION FOR JOBS FOR VETERANS STATE GRANT (JVSG) AND AUTHORIZE CHAIR TO SIGN: Ms. Ulrich reviewed the details of the Expenditure Authorization for the jobs for Veterans State Grant to cover overhead and operational costs associated with the State Disabled Veterans Outreach programs. Commissioner Freeman moved Minutes, September 19, 2018 Page 2 2018-3006 BC0016 to approve said expenditure authorization and authorize the Chair to sign. The motion was seconded by Commissioner Cozad, and it carried unanimously. • 7) CONSIDER APPLICATION FOR TEMPORARY ASSEMBLY OF MORE THAN 350 PERSONS FOR A HORSE RACING EVENT ON SEPTEMBER 22, 2018 - NUNN DOWNS, LLC: Bob Choate, Assistant County Attorney, presented the application for the temporary assembly for a horse racing event for approximately 900 people to be held on September 22, 2018. He stated the property owner is Eduardo Salvador Rivera Torrez and the applicant is Alula Afeworki. Mr. Choate displayed a photo of the site which is situated three (3) miles west of the Town of Nunn. Mr. Choate reviewed the background of the application explaining in April, 2018, the property owner, Mr. Torrez, met with the Department of Planning Services for a pre -application meeting for a USR. Instead of applying for a USR, he started the Temporary Assembly application with the Clerk to the Boards Office, and advertised for an event in August, 2018. Since he did not have the permit in time and was not in compliance, he moved the event out of Weld County. He stated the new applicant for the same property was Aula Afeworki. He noted the photo displays grading occurred on the site and the race track is complete. The Department of Public Works stated a grading permit was not obtained. Mr. Choate stated after searching the criminal record of the applicant, Mr. Afeworki has numerous offenses. Mr. Choate then reviewed the requirements from the Department of Public Works, stating there needs to be a Traffic Control Plan, a grading permit, and a plan for dust abatement. He stated the Department of Public Health and Environment has standard recommendations related to a retail food establishment and having adequate bottled drinking water and hand washing and toilet facilities. The Office of Emergency Management requested an Incident Action Plan and a veterinarian on the site. He noted there were multiple surrounding neighbors concerned with increased traffic, dust abatement, animal welfare, and drug and gambling activities. • Captain Alan Caldwell, Weld County Sheriff's Office, recommended the application not be approved because the applicant has several criminal incidents recorded within Weld County. In response to Chair Moreno, Captain Caldwell explained Mr. Afeworki was cited for two (2) incidents for which he pled guilty and in the past six (6) years he had numerous traffic violations. In response to Commissioner Conway, Capt. Caldwell reported Mr. Afeworki pled guilty to the sale of a controlled substance for which he was cited as the owner, but it was family member who sold the substance in 2012. He reported there is also a sale of alcohol to a minor out of his liquor store in Greeley. Mr. Choate clarified the property owner is aware he needs a grading permit from Public Works, but he completed the site grading without a permit. IR Lisa Weibel, representative of Mr. Afeworki, referred to his criminal background and clarified the incident in 2012 where he was cited for selling a controlled substance. She stated after he was cited for selling alcohol to a minor in 2015, he completed the requirements of the court, including the Training for Intervention Procedures (TIPS) certification. She further explained the applicant was not aware of the need for a grading permit because in April, 2018, it was the owner who was advised a grading permit was necessary. Ms. Weibel stated Mr. Afeworki completed the Temporary Assembly Permit application, since the property owner didn't understand the requirements for the horse racing event. He has been working with the Clerk to the Board to get all requested information. Ms. Weibel explained the previous owner, Jacob Varra, had a USR permit for a horse racing event, which was approved by resolution in July, 2017. In response to Commissioner Conway, Ms. Weibel confirmed Mr. Afeworki has hired security for the event to monitor gambling and ensure there are no drugs brought on to the property, which should minimize the neighbors' concerns. Ms. Weibel stated they have also submitted a contract for veterinary services with Block and Bridle. • Alula Afeworki, applicant, stated there isn't a liquor license and because of this they don't intend to sell alcohol. He also stated he will have multiple security personnel to check the vehicles to ensure alcohol Minutes, September 19, 2018 Page 3 2018-3006 BC0016 is not brought onto the premises In response to Commissioner Cozad, Mr. Afeworki stated he received a ticket for selling to a minor in 2015. Ms. Weibel clarified Mr. Afeworki entered a plea with the City of Greeley, took a TIPS class, and completed a six (6) month probation period. Mr. Afeworki wanted it known that he was charged as the property owner. • Commissioner Freeman clarified the Special Use Permit is not transferrable. Mr. Choate confirmed a Temporary Assembly Permit is not transferrable and he was not aware of a USR permit or a Temporary Assembly permit that was granted by the Board in 2017. Ms. Weibel stated she has the approved Resolution from 2017, and will send it to the Board. (Clerk's Note: The referenced USR was later determined to be for a different property.) ▪ Rob Claudell, surrounding property owner (SPO), stated he has lived on his property for the past ten (10) years and his house is located directly across from the entrance of the racing track. He stated he has concerns with the noise, dust control, traffic and equine disease. In response to Commissioner Conway, Mr. Claudell stated the entrance could be moved off County Road (CR) 102 and the speakers could be pointed away from his house. In response to Commissioner Cozad, Mr. Claudell stated he spoke with the property owner and was told the property would be a horse training facility. • Edward Mistier, SPO, stated there is a race track located in the Town of Pierce that they should be able to use. He explained CR 21 is maintained by the neighbors and the neighbors will have to clean up the trash left after the event. He stated he is also concerned with increased response time by emergency personnel. In response to Commissioner Conway, Mr. Mistier stated he would like the entrance closed and the sign removed from CR 21. • Christina Jensen Varra, adjacent property owner, clarified that Jacob Varra did not apply for a horse racing permit, as he is not in the horse racing business. She stated her biggest concern with the event is the amount of traffic using the County road. Commissioner Freeman confirmed the USR was not on this property, but was for a property east of the Town of Nunn. She stated these types of events put the emergency responders at risk. Ms. Weibel stated she referenced the wrong townships. IR Susan Mistier, SPO, stated she is opposing the application for a horse racing event, which will be located across from her house. She referred to recent articles about similar events and the treatment of the horses. She stated she is concerned that when the traffic increases on CR 2,1 so will the dust pollution which will aggravate her respiratory ailments. In response to Commissioner Conway, Ms. Mistier stated she would like to see the applicant manage the fugitive dust and not have an entrance off CR 21. • Robin Davis, a neighbor living a mile north of the race track, submitted an Exhibit A, and stated she is concerned with gambling, and doping of horses at the unsanctioned events, and is worried about the horses being treated badly. She further stated there will be increased traffic. Ms. Davis explained CR 21 is a non -County maintained driveway and referred to the photo of a vehicle traveling down the gravel road. She stated these types of events bring the risk of violent crimes and horses being subjected to abuse. In response to Commissioner Conway, Ms. Davis stated she wants this to be a regulated event to protect the horses. • Darrell Burkhart, adjacent neighbor, read a letter on behalf of his wife, Cynthia Burkhart, which explained her position relating to the horse racing event. Her letter confirmed Eduardo Salvador Rivera Torrez is the contact for the horse racing event and Mr. Afeworki is the recorded agent of Nunn Downs, LLC. She has concerns with the exchange of money during the events, safety, and the increase of Minutes, September 19, 2018 Page 4 2018-3006 BC0016 emergency response time. In response to Commissioner Conway, Mr. Burkhart stated the applicant should not host the racing event because of the lack of available services. • Randy King, adjacent neighbor, stated he has reported previous horse racing events and will continue to notify the media about future events. He stated there are some high -profile horse ranches in this area. He expressed his fear about the spread of the equine infectious anemia, the risk of not having the horses examined by a veterinary, and how fast the disease it will spread. In response to Commissioner Conway, Mr. King stated he is concerned with the drought situation and the increased risk of fire. • Christy Staa , Eternal Hope Equestrian Center, expressed her opposition to the Temporary Assembly Permit and submitted Exhibit C. She stated the infected horses are brought across state lines without the proper testing. She described how the virus is spread from horse to horse and wants the applicant to have proof that every horse has been tested and a health certification completed every 30 days. • Lori Eichheim, adjacent neighbor, stated if this is approved it will set a precedent to allow the facility, and others like it, to hold similar events. Dianna Varra, adjacent neighbor to the south, discussed the drought conditions of the area and how fast fire can spread even by one cigarette. • Bernardino Pizarro, stated he is in favor of the event and with his experience of dust control for the oil field, he would be willing to help the applicant with dust abatement and offered the use of his driveway for people to park. He confirmed this is a training facility and explained the horses need to run down the track to be ready for the larger racing events. In response to Commissioner Conway, Mr. Pizarro explained he would be able to use magnesium chloride and water for the dust abatement of 900 vehicles. Commissioner Cozad confirmed the County will use dust control when the ADT is 200 vehicles and pave when there are 400 vehicles. • Eduardo Salvador Rivera Torrez, property owner for Nunns Downs, LLC, stated there is a lot of fugitive dust when people speed on CR 21. He stated he applied for a USR and was told he needed a grading permit and then was told he needed a Temporary Assembly Permit first. He stated he spoke with someone from Public Works who advised him not to hold the event without getting a Temporary Assembly Permit. He understood he must have a Temporary Assembly Permit before he would be issued a grading permit. He confirmed he told his neighbors he has a training facility and he wants his race track to look nice. In response to Chair Moreno, Mr. Rivera stated he will be applying for a USR permit to hold more horse racing events. • In response to Commissioner Cozad, Mr. Rivera stated the speakers are to announce the horses. He explained there won't be a band, but there will be some light music between races. He stated he will hire individuals to monitor parking and control the speeding. To keep traffic off CR 21, he said event attendees can drive on his part of the property. el In response to Commissioner Cozad, Ms. Weibel clarified the actual number of people attending was between 800 and 1,000. She stated of the neighbors that were present, several live outside 500 feet from the property. She explained Mr. Afeworki owns a water truck and will control the dust, as well as, apply magnesium chloride before the event. She confirmed there will be some speakers, but they will not direct them at the housing. Additionally the events will be held beginning at 10:00 a.m. and ending at 6:00 Minutes, September 19, 2018 Page 5 2018-3006 BC0016 p.m. She stated Mr. Afeworki has hired Fusion Trash Services to control the trash and maintain the facilities and surrounding neighborhood. She stated CR 21 is owned by Mr. Rivera and another neighbor, and he will maintain it and keep it in proper condition, so it can be driven on. Ms. Weibel explained they can't control individuals' behavior once they leave the event; however, the Nunn Fire Department has been notified, and is prepared, so the response time will be quick. Mr. Afeworki is an established business owner and he will have a veterinarian on staff to make sure the horses are healthy and are fit to race. el Ms. Weibel confirmed a Banner Health ambulance will be on site for any issues that happen during the event and the Nunn Fire Department is aware of the event. • Commissioner Freeman stated he is not in support of the Temporary Assembly Permit and believes this should go through the Department of Planning Service process to obtain a USR. Commissioner Conway stated the public's health and welfare must be considered and this needs to go through the USR process. He stated there was a health alert annouced by the Colorado Department of Agriculture on August 24, 2018 regarding diseased horses. Commissioner Cozad concurred and took seriously the neighbors' concerns. She explained other Temporary Assembly Permits, which have been granted, have been for established USRs, so all the plans and conditions are in place, giving the property owner a chance to work with the community to ensure the neighborhood is safe. She stated it was recommended for denial by the Sheriff's Office, there is a lack of the proper permits, and there is not a good traffic plan. She stated when people behave badly at the event, it is the responsibility of the event holder and this event is not compatible with this area. Chair Moreno stated there isn't a plan for how they can control alcohol or drugs being brought to the event. He believes there are too many unknown factors for this event to take place. • Commissioner Freeman moved to deny the application granting a Temporary Assembly Permit. The motion which was seconded by Commissioner Conway, carried unanimously. Commissioner Conway thanked the neighbors for taking time from their day and bringing this to the attention of the Board. (Clerk's Note: The Board recessed at 10:54 a.m. and reconvened at 11:03 a.m.) PLANNING: • 1) CONSIDER CONDITION OF APPROVAL #1.H OF USE BY SPECIAL REVIEW PERMIT, USR18-0022 - VERDAD RESOURCES, LLC, C/O CURETON FRONT RANGE, LLC: Diana Aungst, Department of Planning Services, stated this is a Condition of Approval for USR18-0022, and is contingent on the Boards' approval of a Landscape and Screening Plan. Ci Anne Best Johnson, representative of TetraTech, on behalf of Verdad Resources, LLC, do Cureton Front Range, LLC, stated the Board asked the applicant to meet with the twelve (12) surrounding property owners and the property owners that fell in the 500 -foot buffer share the site plan, visual model studies and site constraints, and address the lack of water to reach a consensus on the proposed Landscape Plan. She explained their plan includes a two (2) foot berm planted with native grasses and four (4) units were placed inside a facility to mitigate noise. Additionally, surrounding neighbors were given a stipend to landscape their own properties to screen their property from the facility. She confirmed the nine (9) property owners have agreed to enter a landscaping stipend program with Cureton, therefore, Cureton has met the intent of Condition of approval #1.H. No public testimony was offered concerning this matter. In response to Mr. Barker, Ms. Aungst stated a sign was posted on the property notifying neighbors about the hearing. ID Nick Holland, representative of Cureton Front Range, LLC, stated he assumed the Department of Planning Services would send notification to the property owners. In response to Commissioner Conway, Ms. Aungst confirmed the sign was posted in a visible space on the property for ten (10) days. Mr. Holland Minutes, September 19, 2018 Page 6 2018-3006 BC0016 stated nine (9) neighbors attended the meeting and an agreement was signed. Mr. Barker stated the testimony that there is an agreement with the names of the surrounding property owners should be sufficient. Commissioner Cozad stated the applicant met the requirements and met with surrounding property owners and Cureton Front Range, LLC addressed the concerns and most of the facility is located inside a building. Commissioner Cozad moved to find that the updated Landscaping/Screening Plan and related elevations is acceptable and satisfies Condition of Approval #1.H. The motion, which was seconded by Commissioner Conway, 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 11:14 a.m. ATTEST: dedtto) jdo Weld County Clerk to the Board BY: D •Y y Clerk to the Board BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Steve Moreno, dhair EXCUSED Barbara Kirkmeye ro-Tem Sean P. Cnway Mike Freeman Minutes, September 19, 2018 Page 7 2018-3006 BC0016 AT ENTNCE LIST NAME - PLEASE PRINT LEGIBLY ADDRESS (CITY, STATE ZIP) EMAIL COUNTY OF RESIDENCE SPEAKING (Y/N)? �o� c!�„.7/4J,,,-)2f ��a �l r�� S P1 ci / �� -fig —d is ;.� `J1k 1 Q. 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