HomeMy WebLinkAbout20260241 Record of Proceedings
Minutes
Board of County Commissioners
Weld County, Colorado
Wednesday, February 4, 2026
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 80631, on February 4, 2026,
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 Scott K. James, Chair
Commissioner Jason S. Maxey, Pro-Tem
Commissioner Perry L. Buck
Commissioner Lynette Peppier
Commissioner Kevin D. Ross
Also present:
Acting Clerk to the Board, Houstan Aragon
County Attorney, Bruce Barker
Amendments to Agenda: There were no amendments to the Agenda.
Consent Agenda: Commissioner Ross moved to approve the Consent Agenda, as
printed. Commissioner Peppier seconded the motion and it carried unanimously.
Warrants:
1 . General Warrants: Commissioner Buck moved to approve the General Warrants,
as printed. Commissioner Maxey seconded the motion and it carried unanimously.
New Business — General:
1. Consider Emergency Temporary Closure of County Road 34 Between County
Roads 31 and 33: Kevin Hettinger, Deputy Director of the Department of Public
Works, stated the closure began on January 30, 2026, and will go through
February 14, 2026, for emergency operations. Commissioner Ross moved to
approve said temporary closure on an emergency basis. The motion was
seconded by Commissioner Buck and it carried unanimously.
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2. Consider Amended Memorandum of Agreement to Purchase Property
Interest for Acquisition of Public Road Right-of-Way for County Road 66
Corridor Project, Accept Property Conveyance of Same, and Authorize Chair
to Sign All Necessary Documents — Hungenberg KHL Farms, LLLP:
Adria Schiel, Assistant County Attorney, stated the amendment corrects how the
property will be conveyed from the property owners to the County, from a deed of
dedication to a special warranty deed. She clarified the price agreed upon will not
change and indicated staff recommends approval. Commissioner Ross moved to
approve said agreement, accept property conveyance, and authorize the Chair to
sign all necessary documents. The motion was seconded by Commissioner Buck
and it carried unanimously.
3. Consider Amended Memorandum of Agreement to Purchase Property
Interest for Acquisition of Public Road Right-of-Way for County Road 66
Corridor Project, Accept Property Conveyance of Same, and Authorize Chair
to Sign All Necessary Documents — Hungenberg Produce, Inc.: Ms. Schiel
stated, based on similar circumstances as the previous item discussed, the
amendment is to correct how the property will be conveyed from the property
owners to the County, from a deed of dedication to a special warranty deed. She
clarified the price agreed upon will not change and indicated staff recommends
approval. Commissioner Maxey moved to approve said agreement, accept
property conveyance, and authorize the Chair to sign all necessary documents.
The motion was seconded by Commissioner Peppier and it carried unanimously.
4. Consider Filing of Proceedings in Eminent Domain, Pursuant to
C.R.S. §38-1-101, Against Steven Viscariello: Ms. Schiel introduced staff and
explained the need to proceed with eminent domain for a parcel of land owned by
Steven Viscariello. Curtis Hall, Director of the Department of Public Works, stated
the High Plains Boulevard improvements project has been recognized on the
five-year Capital Improvements Plan (CIP) since 2022, and funding approved for
the project was granted in 2024. In response to Chair James, Mr. Hall confirmed
there has been abundant communication about the public need for the project
since the expansion of Interstate 25 (1-25) removing the frontage road on the east
side of the interstate.
Cameron Parrot, Department of Public Works, reviewed the design criteria, and
explained the efforts taken to minimize impacts to property owners. In response to
Commissioner Maxey, Mr. Parrott clarified the minimum setbacks for the
development standards for the project and further described "the clear zone",
which ensures an abundance in the clearance for encroachment of properties
affected by various roadway improvements.
John Doty, Western States representative, provided a timeline overview for the
various methods of communication with the property owner over the course of
approximately a 15-month time period, which contained conversations regarding
the project, and his rights as the property owner for the ability to obtain separate
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appraisal pursuant to C.R.S. §3-1-121 . Mr. Doty detailed the offers and
counteroffers made by the County to Mr. Viscariello, based on the appraisals
completed by Andre Suisa of Titan Valuation on behalf of the property owner and
John Vaughn on behalf of Weld County. He noted there were differences in the
valuations and ultimately chose to utilize the appraisal from the agent on behalf of
Mr. Viscariello which increased the dollar amount offered. Mr. Doty detailed the
breakdown in the final offer, in the amount of $205,000.00, with clarifications
regarding certain valuations in response to Commissioners Ross and James.
Ms. Schiel confirmed the property owner was sent a certified letter informing Mr.
Viscariello of the hearing today.
Steven Viscariello, property owner, acknowledged and confirmed much of the
testimony presented by staff, but clarified several differences concerning the height
and materials for the fencing, stating he offered to provide quotes for a berm to
staff as a solution for the noise and safety concerns, which he pointed out on the
aerial map of his property presented. He further explained the costs for remediation
to the property, versus a total buyout for the purchase of a similar property for him
to relocate altogether. In response to Commissioners Maxey and Ross, he stated
that a proper sound wall, in addition to the offer for the land, would be $525,000.00,
and the total buy-out being approximately $1.25 million, based on comparable
properties similar to the subject property.
Clarifying discussion among Mr. Viscariello, staff, and the Board resulted in
Mr. Viscariello's defense of his request for a 12-foot, concrete sound wall for his
property. Commissioner Maxey expressed his acknowledgment of the impacts to
the property and how the resident will be able to utilize and enjoy his property
moving forward, but expressed his hesitancy to set a presidence when other
property owners near similar projects in the County were not afforded barrier walls
of any kind as part of the mitigating factors.
Commissioner Ross expressed his appreciation for the testimony offered by all
parties and stated he does agree the final offer of $205,000.00, for compensation
of the property acquisition, therefore, he is in support of eminent domain
proceedings.
There being no further discussion Commissioner Ross found there is significant
public need for the road project, the offer of $205,000.00 is a fair offer for the
mitigation, and moved to approve said Resolution. The motion was seconded by
Commissioner Maxey and it carried unanimously.
Public Comment: There was no public comment offered.
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 9:56 a.m.
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The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Minutes, on motion duly made and seconded, by the following vote on the
18th day of February, A.D., 2026:
Scott K. James, Chair: Aye •r*
Jason S. Maxey, Pro-Tem: Aye 4000,„ 1 � %0�'�
Perry L. Buck: Aye +t+ '
Lynette Peppler: Excused Date of Approval te:A1/42 .rte
Kevin D. Ross: Aye
Attest: +.:, o°'�
Esther E. Gesick, Clerk to the Board
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