HomeMy WebLinkAbout20181651.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 23, 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, May 23, 2018, at the hour of 9:00 a.m.
El 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-Tem
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
ki MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of May 21, 2018, as printed. Commissioner Freeman seconded the motion, and
it carried unanimously.
• READ ORDINANCE BY AUDIO: Commissioner Cozad moved to read Code Ordinance #2018-04
by audio. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously.
12 AMENDMENTS TO AGENDA: There were no amendments to the agenda.
El CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the Consent Agenda as printed.
Commissioner Cozad seconded the motion, and it carried unanimously.
PROCLAMATIONS:
• 1) MEMORIAL DAY - MAY 28, 2018: Chair Moreno read the proclamation declaring May 28, 2018,
as Memorial Day, which has been recognized since 1868 as a day to decorate the grave sites of fallen
soldiers who paid the ultimate sacrifice for the freedom of citizens. He added Commissioner Kirkmeyer
will be at Linn Grove Cemetery, Monday, May 28, 2018, at 9:00 a.m., to read the proclamation, on behalf
of the Board.
• PUBLIC INPUT: No public input was given.
`5`°1a
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NEW BUSINESS:
• 1) CONSIDER CONTRACT ID #1737 AGREEMENT FOR RESPITE SERVICES AND AUTHORIZE
CHAIR TO SIGN - RYAN AND KARA HAINES: Judy Griego, Director of the Department of Human
Services, presented the agreement for respite services with Ryan and Kara Haines.
Commissioner Conway moved to approve said agreement and authorize the Chair to sign. The motion
was seconded by Commissioner Freeman, and it carried unanimously.
• 2) CONSIDER CONTRACT ID #1754 AGREEMENT FOR PROFESSIONAL SERVICES FOR
EARLY CHILDHOOD MENTAL HEALTH CONSULTATION (ECMH) AND AUTHORIZE CHAIR TO SIGN
— NORTH RANGE BEHAVIORAL HEALTH: Ms. Griego reviewed the terms for the agreement to enhance
recruitment initiatives to increase the number and enhance the quality of child care providers in Weld
County. She stated North Range Behavioral Health will help address potential behavioral issues in
children with in -home providers. In response to Commissioner Conway, Ms. Griego stated they will be
reaching out to the families and work with the providers in their home. She indicated they will start with
five (5) homes and add more each month with a goal to enlist about 30 more child care homes.
Commissioner Kirkmeyer stated they have seen children as young as two (2) displaying behavioral
problems and the hope is to be proactive in addressing issues with young children. Commissioner Cozad
thanked Commissioner Kirkmeyer for her work on this issue. Ms. Griego stated this will be a team effort
to try and give the children stability. Commissioner Conway moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Cozad, the motion carried unanimously.
• 3) CONSIDER CONTRACT ID #1768 AGREEMENT FOR SURVEY OF OLDER ADULTS AND
AUTHORIZE CHAIR TO SIGN - NATIONAL RESEARCH CENTER, INC: Ms. Griego stated they will
enhance the survey to make it specific to Weld County, and obtain two (2) additional reports for the areas
of Carbon Valley and Erie and the total cost for the enhanced services is $7,800.00. Commissioner Cozad
stated this survey is important and the additional report will help with the four (4) year plan, and then
moved to approve said agreement and authorize the Chair to sign. The motion was seconded by
Commissioner Kirkmeyer, and it carried unanimously.
• 4) FIRST READING OF WELD COUNTY CODE ORDINANCE #2018-04, IN THE MATTER OF
REPEALING AND REENACTING WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION (PROBABLE
CAUSE HEARINGS), OF THE WELD COUNTY CODE: Bob Choate, Assistant County Attorney,
reviewed the first reading of the Code Ordinance 2018-04, which will clarify the procedures concerning
the Probable Cause hearings. He stated the Code clarified that staff has the burden to present the
evidence and not the complaining party. In response to Commissioner Conway, Mr. Barker stated it would
give the Board the ability to allow the public to offer comment and it isn't different from the current
procedure, it just states it for clarification reasons. In response to Commissioner Cozad, Mr. Barker stated
the Department is the one who decides to proceed with a probable cause hearing.
Commissioner Kirkmeyer stated it should be a shell, because if the evidence exists, then the department
decides if the property owner will meet the development standard's. Commissioner Kirkmeyer stated she
agrees there could be some language change made. Mr. Barker stated the language in the Code needs
to apply to all departments and it comes down to the Board enforcing it's own regulations. Commissioner
Cozad stated County employees are there to help people come into compliance and there could be
unintended consequences of having numerous Probable Cause hearings. Mr. Barker suggested having
a work session. No public input was offered concerning this matter. Mr. Choate additionally stated there
is a typo in the code that will be addressed in the second reading. Commissioner Kirkmeyer moved to
approve on first reading. The motion, which was seconded by Commissioner Freeman, carried
unanimously.
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PLANNING:
El 1) ACTION OF THE BOARD AT PROBABLE CAUSE HEARING, PCSC18-0011, CONCERNING
USE BY SPECIAL REVIEW PERMIT, USR15-0051 - GABRIEL AND VELIA ROBLES: Kim Ogle,
Department of Planning Services, stated, the applicant has held rodeo events outside the May through
to October time periods as approved in their USR, not obtaining a Temporary Assembly Permit, waste
materials on and off the site which is creating a nuisance situation, and the staging and parking vehicles
on public roads. Mr. Ogle presented a timeline of the violations and displayed slides showing the location
of the property. He stated the USR was approved December 15, 2015, and the Weld County Sheriff
responded to a complaint on April 7, 2017, where there were more than 350 people on the site, without
a Temporary Assembly Permit.. Larry Neugebauer, Sheriff's Office, reported on April 7, 2018, he
was dispatched to the property because of a fight with weapons. He stated eight (8) other law
enforcement agencies responded to the call to assist. Deputy Neugebauer stated the property owner did
not have enough security for the large crowd of people. He noticed approaching the property there was
a lot of trash and beer bottles on the road. He stated he spoke with the property owner about the number
of security guards but was told the people visiting do not respect security guards, and vehicles were
checked but not throughly for weapons. Deputy Neugebauer stated the property owner reported he will
not check vehicles for alcohol and people bring their own alcohol. Deputy Neugebauer explained the
adjacent neighbors' concerns are the loud music, reckless driving in close proximity of property and
children, parties, drugs and safety. Mr. Robles has been cited a couple of times by the Sheriff's Office;
however, he continues to hold the unpermitted events. In response to Commissioner Conway, Deputy
Neugebauer confirmed he took the pictures with his cell phone and when he arrived there wasn't evidence
that there was a rodeo event or a horse event.
El Gabriel Robles, property owner, explained when the Deputies showed up the rodeo was already
over and he picks up the trash after every event, along the roads. He stated he was not aware that he
had to have a Temporary Assembly Permit. He stated there were 400 people in attendance at his event.
Commissioner Conway referred to the police report and stated he should get a permit for more than 350
people. Mr. Robles stated he was not aware that his USR required him to obtain a temporary assembly
permit and it is hard to predict if there will be more than 350 people at his events.
El In response to Commissioner Kirkmeyer, Mr. Robles stated the events have not gone past 6:00
p.m., but it may take an hour longer for everyone to leave the property. He stated he hasn't updated the
Emergency Action Plan. In response to Commissioner Kirkmeyer, Mr. Robles was present at the hearing
for the USR and he understood the Development Standards. = Mr. Robles requested more time to
seek legal advice. El Mr. Barker explained the process of obtaining legal counsel for the Probable
Cause and Show Cause hearings'. Commissioner Conway clarified the Probable Cause hearing is the
first step in the process.
Commissioner Kirkmeyer made a motion to set the Show Cause hearing for June 18, 2018, at 9:00
a.m., and listed the Development Standards that are in violation as #3, 6, 7, 8, 12, 13, 23, 26, and 27.
The motion was seconded by Commissioner Conway. Commissioner Kirkmeyer expressed her
appreciation to the Sheriff's Office for responding to the calls for help and stated it doesn't sound like
rodeo events are occurring, and that there are several Development Standards not being met.
Commissioner Conway concurred with the comments made by Commissioner Kirkmeyer and from the
testimony given by Mr. Robles, it appears this has occurred many times. Commissioner Conway
expressed his frustration with the disrespectful way he treated law enforcement. He is disturbed by the
testimony given by the Sheriff's Office. Chair Moreno concurred with the Commissioners' comments and
thanked Deputy Neugebauer and all law enforcement for making sure people are complying with the law.
Commissioner Cozad agreed with the other Commissioners and stated she is disappointed in the blatant
disregard for law enforcement.
Minutes, Wednesday, May 23, 2018
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She stated the events he hosts on his property affects the adjacent neighbors and there is plenty of
evidence to proceed to a Show Cause Hearing. Commissioner Freeman agreed with the other
Commissioners' comments, and there being no further discussion, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance #2018-04 was approved on First Reading.
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 10:04 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d ) GJe
Weld County Clerk to the Board
BY
eputy Clerk to the Board
e Moreno, Chair
Minutes, Wednesday, May 23, 2018
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ATTENDANCE LIST
DATE: Jo2Z / 6
NAME - PLEASE PRINT LEGIBLY
EMAIL
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COUNTY RESIDENCE
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