HomeMy WebLinkAbout20181118.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 9, 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, April 9, 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-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
• MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board of County
Commissioners meeting of April 4, 2018, as printed. Commissioner Conway seconded the motion, and
it carried unanimously.
• CERTIFICATION OF HEARINGS: Commissioner Cozad moved to approve the Certification of
Hearings conducted on April 4, 2018, as follows: 1) COZ17-0007 — James and Judy Docheff, 2) USR17-
0075 — Discovery DJ Services, LLC, and 3) USR17-0067 — Robert Seltzer Family Trust.
Commissioner Freeman seconded the motion, which carried unanimously.
El AMENDMENTS TO AGENDA: There were no amendments to the agenda.
• CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the Consent Agenda as printed.
Commissioner Cozad seconded the motion, and it carried unanimously.
PROCLAMATIONS:
• 1) NATIONAL CRIME VICTIMS' RIGHTS WEEK - APRIL 8-14, 2018: Chair Moreno read the
proclamation to recognize April 8, through 14, 2018, as National Crime Victims' Rights Week, and an
opportunity to recognize the many individuals and organizations who assist people at a very vulnerable
time in their lives. Michael Rourke, District Attorney, stated the County has an incredible group of victim
services, organizations, and providers available to assist crime victims. He announced Friday, April 13,
2018, is the Weld County Victims' Rights week event and the focus will be "Crimes of the Road". He
submitted a schedule of events, as Exhibit A, and recognized the individuals and groups who would be
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participating. Steve Reams, Sheriff, stated Mr. Rourke presented the recognition well and extends his
appreciation for all the work each individual and organization does for the County. Each of the
Commissioners expressed their appreciation to the individuals, organizations and providers for helping
victims of crime rebuild their lives and move forward. Commissioner Kirkmeyer stated they should call
them survivors instead of victims of crime and thanked Sheriff Reams and his staff for patrolling the
U.S. Highway 85 corridor to help reduce the crime and enhance the safety along the Highway.
Commissioner Conway stated they interact with people on the worst day of their lives, and help guide
them through the process. Commissioner Cozad stated crime affects people of all levels and makes them
feel vulnerable and the services provided are critical to the families and people affected by crime. Each
Commissioner thanked the Sheriff's Office and District Attorney's Office, on behalf of the residents of
Weld County for their leadership. (Clerk's Note: The Board paused the meeting for a photo opportunity.)
ID 2) ERIC WILKINSON DAY - APRIL 9, 2018: Chair Moreno read the certificate for the record,
recognizing Mr. Wilkinson for his contributions and leadership to the Northern Colorado Water
Observatory District, as the General Manager. Mr. Wilkinson recognized his wife of 44 years,
Janice Wilkinson, for supporting him and being his rock. He stated the Colorado Big Thompson Project
is responsible for making Northeastern Colorado a viable agricultural and now diverse economic center
for the entire nation. He stated the State of Colorado's growth is causing a need for adequate water
management. He reported the Northern Colorado Water Observatory District is pursuing two (2) water
projects and then acknowledged the Commissioners for their support with the projects. He announced
Brad Winn will be his successor and is confident he will do an outstanding job as General Manager.
Commissioner Conway reported he served with Mr. Wilkinson on the South Platte Round Table Board
for nine (9) years and he feels fortunate to have worked with him. Commissioner Cozad recognized Mr.
Wilkinson for his contributions to the water districts in Weld County. Each Commissioner acknowledged
Mr. Wilkinson's leadership, the legacy he leaves, and that he has mentored a lot of great people. They
congratulated Mr. Wilkinson on his retirement and extended their well wishes. (Clerk's Note: The Board
paused the meeting for a photo opportunity.)
PUBLIC INPUT: Gene Kammerzell, resident of Milliken, expressed his frustration with the lack of
communication from CDOT during their project of rebuilding a bridge on Highway 60 across the Platte
River at his property. He stated he has no objection to the construction of the bridge, but rather how it is
being planned. He stated the designs he has been presented show the project will take 90 acres of his
farm and turn the area into a 400 -year flood event, instead of a 100 -year flood event. He stated this will
be caused by moving County Road 46, and extending the bridge to the north. He requested assistance
from the Board to advocate his issues to CDOT. Commissioner Cozad announced she and Elizabeth
Relford, Department of Public Works, and Representative Saine would meet at Mr. Kamerzell's property
on Monday, April 16, 2018, to look at some initial drawings from an engineer. Commissioner Kirkmeyer
suggested inviting Tom Parko, Director of the Department of Planning Services, Diana Aungst,
Department of Planning Services, and Don Dunker, Department of Public Works, to meet at Mr.
Kamerzell's property, as well. In response to Commissioner Conway, Mr. Kamerzell isn't concerned about
the lights from traffic due to the elevation of County Road 46.
Richard Grimaud, resident of Johnstown, requested clarification about the County Attorney's Office
representing Commissioner Cozad, during the Ethics Investigation and demanded to know who is paying
for Commissioner Cozad's past and present representation. Bruce Barker, County Attorney, stated there
was a work session in February, 2018, where the Board agreed they will reimburse Commissioner Cozad
for her legal fees incurred during her ethics investigation. Mr. Barker explained the Board can approve
the reimbursement of legal fees for Commissioner Cozad because the issue that was handled by the
Attorney on behalf of Commissioner Cozad, dealt with the Home Rule Charter and he has no concerns
with it being a conflict of interest.
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• Commissioner Kirkmeyer reported she supports the County Attorney in his representation of
Commissioner Cozad and paying for her legal fees, because it a jurisdictional issue for Weld County and
announced all five (5) Commissioners voted in support of the County Attorney representing
Commissioner Cozad, as well as, reimbursing her for her legal fees.
BIDS:
la 1) APPROVE BID #B1800044, ELECTRONIC MONITORING EQUIPMENT AND OFFENDER
SUPERVISION SERVICES - DEPARTMENT OF JUSTICE SERVICES: Rob Turf, Department of
Purchasing, presented the five (5) bids received and stated staff recommends continuing this matter. In
response to Commissioner Kirkmeyer, Mr. Turf stated they need time to schedule a work session, to
evaluate the bids and then make a final decision. Mr. Turf stated the Department is considering not
awarding to the low bidder. Commissioner Freeman moved to continue to this matter to April 23, 2018.
The motion was seconded by Commissioner Cozad, and it carried unanimously.
• 2) APPROVE BID #61800078, ROAD BASE SUPPLY (CLASS 6) - DEPARTMENT OF PUBLIC
WORKS: Mr. Turf stated staff recommends awarding to the low bidder, Mill Iron Mining.
Commissioner Cozad moved to approve said low bid. Seconded by Commissioner Freeman, the motion
carried unanimously.
• 3) PRESENT BID #B1800041, BRIDGE 68/59A REPLACEMENT PROJECT - DEPARTMENT OF
PUBLIC WORKS: Mr. Turf presented the twelve (12) bids received and stated staff will bring back a
recommendation on April 23, 2018.
4) PRESENT BID #61800074, 2 EAST TRAINING ROOM AV - DEPARTMENT OF BUILDING
AND GROUNDS: Mr. Turf presented the three (3) bids received and stated staff will bring back a
recommendation on April 23, 2018.
OLD BUSINESS:
• 1) CONSIDER RENEWAL APPLICATION FOR 3.2 PERCENT BEER ON -PREMISE (COUNTY)
RETAIL LICENSE AND AUTHORIZE CHAIR TO SIGN - ANA M. LUCERO, DBA POLLO FELIZ
(CONT'D FROM 4/2/2018): Frank Haug, Assistant County Attorney, stated the owner is present who was
required to complete the Responsible Vendor Training which has not been completed. Mr. Haug reviewed
three (3) options available to the Board. The first is for the Board to approve, the second option is to
continue to this matter to allow the applicant to complete the training, and the last option is to deny the
renewal application. He stated if the Board denies the renewal, they will conduct a hearing and go through
the requirements in Sections 12-2-40 and 12-2-50 of the Code. Mr. Haug suggested continuing this
matter to allow the applicant to complete the training. Ana Lucero, applicant, stated she has another
business and she hasn't been there to receive her mail. In response to Chair Moreno, Ms. Lucero stated
she is in the process of selecting a class time to complete the training. In response to Commissioner
Conway, Ms. Lucero stated she understands what needs to be completed before her license is renewed.
Commissioner Kirkmeyer moved to continue this matter to May 14, 2018. The motion, which was
seconded by Commissioner Conway, carried unanimously. Commissioner Conway reported he wants
the applicant to have completed the Responsible Vendor training before returning in May.
NEW BUSINESS:
el 1) CONSIDER RENEWAL APPLICATION FOR A LIQUOR STORE (COUNTY) LIQUOR LICENSE
AND AUTHORIZE CHAIR TO SIGN - CROW VALLEY LIQUORS, LLC, DBA CROW VALLEY LIQUORS:
Mr. Haug presented the renewal application and noted there are no concerns from staff; therefore; he
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recommends approval. Commissioner Freeman moved to approve said renewal application and
authorize the Chair to sign. Seconded by Commissioner Cozad, the motion carried unanimously.
2) CONSIDER SUPPLEMENTAL ENVIRONMENTAL PROJECT (SEP) GRANT APPLICATION
FOR LEAD HAZARD CONTROL AND AUTHORIZE CHAIR TO SIGN: Dr. Mark Wallace, Director of the
Department of Public Health and Environment, reviewed the application funding to provide outreach to
at -risk children and families, as well as, assessment and control of lead exposure in a minimum of twenty
(20) homes, and update lab equipment to assist schools in meeting the requirement for the presence of
lead. In response to Chair Moreno, the amount the Department is applying for $423,500.00. In response
to Commissioner Conway, Dr. Wallace stated the mitigation will be to remove the home's paint by a
certified company to meet the federal guidelines. Commissioner Conway moved to approve said
application and authorize the Chair to sign. The motion was seconded by Commissioner Kirkmeyer, and
it carried unanimously.
El 3) CONSIDER SUPPLEMENTAL ENVIRONMENTAL PROJECT (SEP) GRANT APPLICATION
FOR MASTER POLLUTION PREVENTION PLAN AND AUTHORIZE CHAIR TO SIGN: Elizabeth
Relford, Department of Public Works, reviewed the SEP application to equip the Department of Public
Works with a Master Pollution Prevention Plan. The project would include the installation of a trench drain
and evaporation pond to collect salt residue from the salt and sand storage shed area. Ms. Relford stated
this project has not been identified in the budget. In response to Commissioner Cozad, Ms. Relford stated
the amount of $270,000.00 will cover three (3) stormceptors. Commissioner Cozad clarified that if the full
amount of $500,000.00 is not received, the project can be split into phases. Commissioner Kirkmeyer
moved to approve said application and authorize the Chair to sign. Seconded by Commissioner Freeman,
the motion carried unanimously.
El 4) CONSIDER ENERGY AND MINERAL IMPACT ASSISTANCE PROGRAM GRANT
AGREEMENT FOR IMPROVEMENTS TO CR 90 BETWEEN CRS 45.3 AND 57 (TIER II) AND
AUTHORIZE CHAIR TO SIGN: Ms. Relford requested the Chair's signature when the contract is
received, because they are expediting this project and have construction beginning in June, 2018.
Commissioner Cozad moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously. Commissioner Kirkmeyer suggested
streamlining the approval process so projects like this one are not delayed.
5) CONSIDER CONTRACT ID #1743 MODIFICATION OF AGREEMENT FOR NOXIOUS WEED
TREATMENT AND AUTHORIZE CHAIR TO SIGN: Tina Booton, Pest and Weed Division, reviewed the
fourth modification of the agreement with the United States Department of Agriculture and the Forest
Service to treat noxious weeds on the Pawnee National Grasslands. She stated the modification will
award Weld County an additional $16,500.00 and the use of the Forest Service equipment.
Commissioner Conway moved to approve said modification of agreement and authorize the Chair to sign.
Seconded by Commissioner Cozad, the motion carried unanimously.
El 6) CONSIDER DISCOVER WELD COUNTY PARTNERSHIP AGREEMENT AND AUTHORIZE
CHAIR TO SIGN — THE TRIBUNE: Jennifer Finch, Public Information Officer, presented the agreement
to purchase sixteen pages of advertising in a magazine the Greeley Tribune publishes and distributes
around the County and in three (3) States. Commissioner Conway stated he has concerns with the low
distribution area of the publication. Commissioner Cozad stated she will approve this, but would like to
take another look at the future value for the County; however, She stated it is important to advertise Weld
County as a tourist destination. Ms. Finch stated some businesses are returning the publication or
canceling it. Commissioner Conway expressed an evaluation needs to take place to see if the money
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can be better spent to advertise Weld County. Upon a roll call vote, the motion passed four to one with
Commissioner Conway opposed.
▪ 7) CONSIDER EXTENSION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY
OWNED BY WELD COUNTY, COLORADO - S7, T5N, R65W: Esther Gesick, Clerk to the Board,
reviewed the terms of the six (6) month extension of the Oil and Gas Lease for the total amount of $661.16
for a 1.6529 -acre parcel. Commissioner Freeman moved to approve said extension of Oil and Gas Lease.
The motion was seconded by Commissioner Conway, and it carried unanimously.
PLANNING:
El 1) CONSIDER RECORDED EXEMPTION, RECX18-0007- KEN BUROUGH: Ryder Reddick,
Department of Planning Services, presented the request for a two (2) lot Recorded Exemption for Lot B.
He stated on August 20, 2010, the property was sold, but Mr. Burough bought it back after three (3) years
in 2013. The applicant had no prior knowledge that the Code had changed in 2010 and has always
intended on splitting the lot. Mr. Reddick displayed slides showing the details of the property. At the
request of Commissioner Kirkmeyer, Mr. Reddick pointed out all the accesses and stated a WOGLA
permit was issued in 2017 for the larger access.
• Ken Burough, applicant, stated he wants to build a house on the highest part of the pasture, since
it is hard to irrigate. He stated he wants to put in a well and will obtain a well permit. Lisa Dale, daughter
of applicant, stated her mother recently passed away and her father needs to downsize.
• In response to Commissioner Conway, Mr. Burough stated he was not aware the County Code had
changed in 2010, to 35 acres, and confirmed he will reside on the property.
• In response to Commissioner Kirkmeyer, Mr. Burough pointed to the house on the corner of the
parcel and explained there are three (3) houses to the north which use the same access. He further
stated there is a 15 -acre easement on the west and the other fifteen (15) acres will be from his property.
He stated he does not have an agreement for the easement to the new lot.
• Judy Patterson, representative of the applicant, stated the existing road has been there for a while
but she wasn't sure if it has been recorded.
• In response to Commissioner Kirkmeyer, Mr. Reddick stated this Recorded Exemption meets the
intent and other provisions within the Code. Commissioner Kirkmeyer stated after this land split, Lot B is
no longer eligible for any more land splits.
• Commissioner Cozad confirmed if the Recorded Exemption is approved, a total of six (6) lots have
been created. Ms. Patterson stated the previous owner split the lot to build a home. Commissioner Cozad
agreed that Lot B can not be split again. Mr. Reddick stated one of the Conditions of Approval is to meet
with the Town of Fort Lupton to consider annexing as an option. Commissioner Cozad stated if public
water and sewer are available, they may have to connect to a public water source instead of building
another well and the Health Department can provide additional conditions to the plat regarding this.
U. Commissioner Freeman stated he doesn't see a need to add the condition to the Recorded
Exemption. Mr. Burough stated the public water supply is located about 1,000 feet to the west.
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• Commissioner Kirkmeyer suggested deleting "attempt to" from COA #1.D so the applicant
addresses the concerns from Fort Lupton Fire District. Mr. Burough stated his home will be visable from
the road once the drilling site is gone. Commissioner Kirkmeyer suggested adding "attempt to" to
COA #1. E.
Bruce Barker, County Attorney, suggested the following sentence be added to Condition of Approval
#1.I.9: "The applicant acknowledges the owners of Lots A and B will be required to connect to public
water if the line for the same is located within 400 feet of said Lot A or B." In response to
Commissioner Conway, Mr. Barker stated the language doesn't mirror the Colorado statute, but the
requirement is 400 feet from the property line so it is similar.
• Commissioner Cozad suggested adding a note on the plat that Lot B cannot be further split so that
people are aware of the Code. Mr. Reddick referred to Condition of Approval # 7 and
Commissioner Cozad announced she felt confident that the language was sufficient.
• Commissioner Kirkmeyer stated she doesn't feel this note is adequate for the plat and stated not
knowing the Code changed does not qualify as an extenuating circumstance. Commissioner Conway
stated there could be extenuating circumstances in the future which may need to be heard by the
Commissioners.
• Commissioner Freeman agrees this parcel should not go through another land split, but they can't
make decisions for future Boards by decisions made today.
la Commissioner Cozad moved to approve the Recorded Exemption with the changes made to the
resolution, based on extenuating circumstances. The motion was seconded by Commissioner Conway,
and it carried unanimously. Commissioner Conway stated he agrees with the approval of the Recorded
Exemption because of the extenuating circumstances of family issues.
ti (Clerk's Note: The meeting was recessed at 10:46 a.m. and reconvened at 10:54 a.m.)
• 2) CONSIDER PROBABLE CAUSE HEARING, PCSC18-0005, CONCERNING USE BY SPECIAL
REVIEW PERMIT, USR16-0029 - REYNALDO BONILLA: Chris Gathman, Department of Planning
Services, clarified this is for USR16-0029, because, 1 MJUSR17-16-0029 is still pending and gave a brief
summary of the history of the facility. He stated the site is on Lot A of Recorded Exemption, RE -4329. He
stated on February 11, 2017, staff received notification there was a horse racing event, and as a result
there was a meeting held with Mr. Bonilla and his representative, Deanne Frederickson. Mr. Gathman
stated the application for the Major Amendment, 1MJUSR17-16-0029 is still pending and it has been
continued several times to resolve issues of ditch access. Mr. Gathman stated staff has received several
complaints that there are horse racing events occurring on the property, and when he met with the
applicant, Mr. Bonilla stated he would not hold anymore horse racing events on site. He reviewed the
Development Standards #1, 6, 30, and 31 of which staff believes they are in violation and stated the
Board has two (2) options; either dismiss the Probable Cause Hearing or schedule a Show Cause
Hearing. In response to Commissioner Kirkmeyer, Mr. Gathman stated the video he displayed was from
a link on Facebook and he wasn't sure if the music on the video was coming from the property. In
response to Commissioner Conway, Mr. Gathman stated there is no date stamp on the video; however,
Mr. Bonilla confirmed this was an event on his property.
▪ Deanne Frederickson, AGPROfessionals, stated the original USR16-0029, was approved on
January 11, 2017, and allowed an existing horse arena and track as the intended uses, along with a
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proposed event structure and at the time, it was assumed the track could be used for training. She stated
the Code is unclear about the difference of the uses of the track for training or match racing. Ms.
Frederickson stated the language in a Temporary Assembly is very unclear and advised Mr. Bonilla to
limit the daily trips to sixty (60) per day. Mr. Bonilla has stated it is hard to limit trips to 60 per say because
he has to turn people away who come to watch the events. She stated her client uses the facility to train
horses for horse racing, and his daughters are in 4H. Ms. Frederickerson stated Mr. Bonilla confirmed
there would be match racing on the property, but there is negative press about horse racing. She reported
Mr. Bonilla has complied with all Development Standards on his USR; therefore, there are no violations
of his USR.
• Robert Mock, Veterinarian, stated he has practiced equine medicine for 44 years, and reported the
track is safe, in good condition, he has witnessed the horses being well cared for, and the facility is clean
and safe.
• In response to Commissioner Kirkmeyer, Dr. Mock stated he has not been present on the Bonilla
property when there has been a race. He explained they run horses against one another which constitutes
training. When they train the horses, people are in full race gear with numbers on the jockey's uniform
and there are large crowds that follow the horses.
• In response to Commissioner Conway, Dr. Mock stated the racing of horses against one another is
typical of a training exercise and the horses must qualify for the bigger race events.
• Bill Garcia, legal representative, stated training activities do not violate the USR, nor do the small
group assemblies. He referred to Development Standard #1 which allows up to 200 attendees; therefore,
the training activities and the evidence presented does not violate the USR or demonstrate commercial
training activities. Mr. Garcia suggested clarification needs to be made of what constitutes an event for a
temporary assembly application.
• Reynaldo Bonilla, applicant, stated he spoke to and reviewed the videos with Mr. Gathman. He
stated he didn't know he was in violation and wants to have a place where people can train their horses.
He stated he has security and other individuals who work and monitor the property when he can't be
there. Mr. Bonilla stated after he spoke with Mr. Gathman, he promised to close the facility and not allow
people to come to his facility. He wants to have a place for people to enjoy themselves and bring their
families. He explained he grew up in the horse industry and his daughters are in 4H.
• In response to Chair Moreno, Mr. Bonilla stated that training occurs during the week, as well as on
the weekend , since horse training occurrs every day.
• In response to Commissioner Kirkmeyer, Mr. Bonilla stated he didn't understand the rules but he
closed the facility. He doesn't know what occurred on his property on February 11, 2018, since it has
been so long ago and he wasn't there. He stated he has hired security who enforce that there are less
than 200 people at these events and he has not personally witnessed gambling occurring on the site.
He explained they train the horses by riding them and letting them race another horse. They put them in
the starting gates and require them to race against another horse at least once a week. He explained a
lot of training is to get the horse out of the starting gates which occurs at least three (3) times a week. He
stated a rule of his is that the jockeys must wear their full gear while training. He stated he is trying to be
a good neighbor and he hasn't heard complaints from his immediate neighbors.
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• Commissioner Cozad stated she has concerns about Mr. Bonilla being in compliance with
Development Standard #3. He stated there has not been over 200 people at the events center and he
charges people at the gate to watch the training. Mr. Bonilla stated he does not charge the owners of the
horses, and the fee provides restrooms and security. Commissioner Cozad referred to Development
Standard #5, and indicated Mr. Bonilla has violated the condition by exceeded the sixty (60) trips per day.
ID In response to Chair Moreno, Mr. Bonilla stated the charge is $10.00 per car, for spectators.
• Commissioner Conway clarified with Mr. Bonilla that he was not on the property on February 11,
2018, and this event was part of the training.
• In response to Commissioner Cozad, Mr. Garcia clarified what constitutes a commercial activity and
stated Mr. Bonilla is not making a profit, because he has the expenses of restrooms, water and security.
• In response to Commissioner Conway, Mr. Bonilla stated security is located at the gate and is there
to make sure there is nothing illegal happening and for safety reasons.
• In response to Commissioner Kirkmeyer, Mr. Bonilla stated he pays the individual at the gate who
oversees security.
ID Adrian Morales, Jockey and friend of applicant, stated he rides and trains the horses and they race
the horses as part of their training. Mr. Morales stated the horses must be trained for safety reasons and
to learn to race.
• Jesus Sanchez, resident of Fort Lupton, stated he supports Mr. Bonilla's training facility and he is
taking his two (2) year old colt there to be trained to race and how to use the starting gates. In response
to Chair Moreno, Mr. Sanchez stated he was using the facility once a week, but since the training facility
is closed he has had to send his horse to another training facility.
• In response to Commissioner Conway, Mr. Sanchez stated the video is consistent with a horse
owner training the horse to get ready for a race.
• In response to Commissioner Cozad, Mr. Bonilla stated he hasn't talked with his adjacent neighbors.
Commissioner Cozad stated he is not in compliance with the sixty (60) trips per day. Mr. Bonilla stated
he has not kept records of how much money has been collected at the gate when people pay the entrance
fee. Commissioner Cozad stated Mr. Bonilla should track how many people are coming in and out by
how much money he makes at the gate. She asked for clarification of the definition of commercial activity,
because she believes it doesn't matter if they make a profit or not.
• In response to Chair Moreno, Mr. Bonilla stated the security guard keeps track of the number of
people coming on the property, but he was not prepared with an exact number.
Bob Choate, Assistant County Attorney, verified the definition of commercial is very broad and would
include a fee for contract or barter. He suggested the Board decide if the track is being used as a
commercial race track, which are not Uses by Right, but rather Uses by Special Review.
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• Commissioner Kirkmeyer stated there is a violation, but she has a better idea of what" training"
means. She agrees with Commissioner Cozad that if Mr. Bonilla is charging a fee or bartering, that is
considered a commercial activity without a permit or an amendment to his USR.
• Commissioner Freeman explained the events taking place on the property aren't any different than
watching roping events and he believes training is taking place and Mr. Bonilla shouldn't be required to
have a Temporary Assembly Permit for training activities. He stated his only concern is that they are
charging an entrance fee.
• Commissioner Cozad stated Development Standard #5 states they are limited to sixty (60) trips per
day, but if they hold an event, Mr. Bonilla would need to obtain a Temporary Permit.
Commissioner Freeman stated he doesn't disagree with Commissioner Cozad, but people coming to
train horses or watch does not constitute an event.
• Chair Moreno stated he has concerns with Mr. Bonilla charging a fee because this constitutes a
commercial activity. Commissioner Kirkmeyer explained if Mr. Bonilla has any event at the facility he will
need to get a Temporary Assembly.
• Commissioner Conway verified training is occurring at the facility, which has been documented by
a veterinarian, rider and a horse owner, and there is no record Mr. Bonilla exceeded sixty (60) trips per
day, he has security presence to prevent any illegal activity occurring.
• Commissioner Kirkmeyer expressed her concern with Mr. Bonilla charging people $10.00 a vehicle,
hiring security, and having a veterinarian on site, makes this a commercial event which is a violation of
Development Standard #6.
• Mr. Bonilla suggested he could accept donations at the gate, instead of charging a fee. In response
to Commissioner Cozad, Mr. Bonilla stated he will track the trips per day and not exceed the sixty (60)
trips per day.
• Based on Mr. Bonilla's commitment to track and limit trips to sixty (60) per day, and only accept
donations for a entrance, which addresses Development Standards #5 and #6, Commissioner Cozad
moved to dismiss the Probable Cause, PCSC18-0005, and seconded by Commissioner Kirkmeyer, the
motion passed unanimously. Commissioner Kirkmeyer expressed her appreciation to Mr. Bonilla for
coming in and explaining what constitutes training, so there is a better understanding of what is taking
place at the facility. She also stated she was happy to work with Mr. Bonilla because there were no
complaints from his immediate neighbors. Commissioner Conway agreed with the dismissal of the
probable cause because of the evidence presented. Commissioner Cozad thanked everyone for coming
in and educating the Board and staff what constitutes training, and believes horse racing is an important
part of the local culture.
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.
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There being no further business, this meeting was adjourned at 12:10 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
dit/wo JCL:Ok.
Weld County Clerk to the Board
BY:
Deputy Clerk to the Boa
EXCUSED DATE OF APPROVAL
Ste Moreno, Chair
rbara Kirkmeyer, iPro-Tem
Sean P. C•;way
Julie A. Cozad
Mike Freeman
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‘XPAND THE CIRCLE
'EACH ALL VICTIMS
WELD COUNTY CELEBRATES VICTIMS' RIGHTS WEEK
"CRIMES OF THE ROAD"
April 13, 2018 — Riverside Library and Cultural Center
8:00 a.m.
8:30 a.m.
8:45 a,m.
9:30 a.m.
10:00 a.m.
10:15 a.m.
11:00 a.m.
11:45 p.m.
NOON
12:50 p.m.
Breakfast, Registration & Networking
Welcome — Chief Rick Brandt (Evans Police Dept.)
Presentation of Colors: Weld Co. Sherriff's Office Honor Guard
"The Journey"
Guest Speakers: Vicki Scott and Ken Hayes
Guest Speaker: Mistele Martinez
BREAK
"Marijuana and Driving"
Chief Deputy District Attorney Steve Wrenn
"Drugged Driving"
Trooper Rushing and Guest Speaker Carol Adler
MADD Programs (Mothers Against Drunk Driving)
LUNCH
Weld County Coordinating Committee for Victims of Crime
Presentation of Leadership Award
1:00 p.m. "Road Rage"
Sergeant Rood and Major Keeton (Colorado State Patrol)
2:00 p.m. BREAK
2:15 p.m. First Responders Panel
(Dispatch, Trooper, Victim Advocate, Firefighter and Coroner)
3:15 p.m. BREAK
3:30 p.m. "Distracted Driving"
Officer Colby Zander (Greeley Police Department)
4:25 p.m CLOSING
Funding for this training provided by the Weld County Victim Assistance and Law Enforcement (VALE) Grant Program.
Sponsored by the Coordinating Committee for Victims of Crime (CCVC) and the Evans Police Department.
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