HomeMy WebLinkAbout20260453 Record of Proceedings
Minutes
Board of County Commissioners
Weld County, Colorado
Wednesday, March 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 March 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
Minutes: Commissioner Buck moved to approve the below listed Minutes of the Board of
County Commissioners meeting, as printed. Commissioner Peppler seconded the motion
and it carried unanimously.
1. Minutes from February 18, 2026
Certification of Hearings: Commissioner Buck moved to approve the below listed
Hearing Certificates. Commissioner Peppier seconded the motion, which carried
unanimously.
1. USR25-0011 — WETCO WCR 49 HWY 34, LLC
2. COZ25-0012 — John Scheopner and Teresa Scheopner
Amendments to Agenda: There were no amendments to the Agenda.
Consent Agenda: Commissioner Maxey moved to approve the Consent Agenda, as
printed. Commissioner Ross seconded the motion and it carried unanimously.
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Presentations and Proclamations:
1. Roosevelt Roughriders Day, Class 4A Poms State Championship — March 4,
2026: Chair James read the certificate for the record. Abby Leibman, Senior and
Team Captain, shared she is honored to be part of the hardest working team of
ladies who have grown up and danced with each other for years, which created
such a special bond on the team and makes it incredibly hard to be leaving the
program but she knows the remaining ladies will continue the winning legacy. In
turn, her teammates introduced themselves for the record. Brittney Coleman,
Coach, was present but had nothing to comment. In turn, the Commissioners
expressed their pride in the astonishing fifth state championship in a row, extended
their congratulations to the team and encouraged them to continue their dedication
to hard work, commitment to each other, families, and community, and incredible
work ethic into their futures. (Clerk's Note: The group gathered for a photo
opportunity.)
Warrants:
1 . General Warrants: Commissioner Maxey moved to approve the General
Warrants, as printed. Commissioner Buck seconded the motion and it carried
unanimously.
2. Commissioner Warrants — Perry L. Buck: Commissioner Peppler moved to
approve the Warrant, as printed. Commissioner Maxey seconded the motion, and
upon a roll call vote of four (4) to zero (0), the motion carried with
Commissioner Buck abstained.
Bids:
1. Approve Bid #B2500142, County Roads 34 and 17 Roundabout and Bridge
Replacement Design Project — Department of Public Works: Toby Taylor,
Purchasing Department, reviewed the evaluation process and stated staff
recommends selecting the lowest bidder who met specifications, Atkins Realis, for
a total amount of $3,602,216.00. Commissioner Buck moved to approve said bid.
The motion was seconded by Commissioner Ross and it carried unanimously.
2. Approve Bid #B2600011, Abatement and Demolition of West Block North —
Facilities Department: Mr. Taylor introduced Ancon II Constructors, Inc., as the
low bidder selected by staff based on two (2) rounds of grading criteria, and
confirmed they met all specifications, with said bid amounting to $814,114.17.
Commissioner Buck moved to approve said bid. The motion was seconded by
Commissioner Ross and it carried unanimously.
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New Business — General:
1. Consider Contract ID #10417 Acceptance of Statement of Grant Award Terms
and Conditions for Internet Crimes Against Children (ICAC) Task Force, and
Authorize Chair to Sign — City of Colorado Springs Police Department:
Thahn Matthews, Sheriff's Office, on behalf of Daren Ford, Director of the Northern
Colorado Regional Forensic Laboratory, stated the County was awarded
$9,500.00, and indicated the funding will be used for digital evidence staff training,
equipment, and supplies through September 30, 2026. Commissioner Maxey
moved to accept said grant award and authorize the Chair to sign. The motion was
seconded by Commissioner Ross and it carried unanimously.
2. Consider Contract ID #10401 Memorandum of Understanding for
Co-Location and Collaboration of Coordinated Services and Authorize Chair
to Sign —Volunteers of America, Colorado Branch: Tami Grant, Deputy Director
of the Department of Human Services, stated the non-financial memorandum of
understanding (MOU) allows for Volunteers of America to share space within the
Workforce Center one (1) day per week to better assist the needs of Weld County
Veterans. Commissioner Buck moved to approve said MOU and authorize the
Chair to sign. The motion was seconded by Commissioner Peppler and it carried
unanimously.
3. Consider Memorandum of Understanding for Weld County Competency
Docket Pilot Project and Authorize Department of Justice Services to Sign:
Doug Erler, Director of the Department of Justice Services, stated the local court
system has designed a new docket pilot program for Competency Court, and
indicated staff recommends approval of the non-financial MOU which allows for
the Department to participate in the development process among many other
agencies. Commissioner Maxey moved to approve said MOU and authorize the
Department of Justice Services to sign. The motion was seconded by
Commissioner Buck and it carried unanimously.
4. Consider Intergovernmental Agreement for Payment of Federal Mineral
Lease Funds for Haul Route (HRP) and Low-Volume Rural (LVR) Programs
and Authorize Chair to Sign — Federal Mineral Lease Act District Board:
Jennifer Oftelie, Budget Manager, stated the Federal Mineral Lease Act District
was created to acquire Payment in Lieu of Taxes (PILT) for the grazing areas within
the Pawnee National Grasslands. She explained that the Board meets quarterly to
prepare a budget that uses said monies to assist with the Department of Public
Works' Haul Route (HRP) and Low-Volume Rural (LVR) Programs.
Commissioner Ross moved to approve said agreement and authorize the Chair to
sign. The motion was seconded by Commissioner Buck and it carried unanimously.
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5. Consider Intergovernmental Agreement for Payment of Federal Mineral
Lease Funds for Water Testing Program and Authorize Chair to Sign —
Federal Mineral Lease Act District Board: Ms. Oftelie stated this is similar to the
previous item of business, and this IGA allocates monies, in the amount of
$80,575.00 to assist with the Department of Public Health and Environment's
Water Testing Program. Commissioner Buck moved to approve said agreement
and authorize the Chair to sign. The motion was seconded by Commissioner
Peppler and it carried unanimously.
6. Consider Temporary Closure of County Road 29 Between State Highway 392
and County Road 74: Amy Mutchie, Department of Public Works, presented on
behalf of TLM Construction, for said closure which will begin March 9, 2026,
through May 4, 2026, for the replacement and upgrade of drainage and irrigation
culverts, in addition to utility relocation. She stated the detour route is paved and
message boards will be used for the duration of the closure. Commissioner Maxey
expressed his appreciation for the coordination on behalf of the community and
further moved to approve said temporary closure. The motion was seconded by
Commissioner Buck and it carried unanimously.
7. Consider Filing of Proceedings in Eminent Domain, Pursuant to
C.R.S §38-1-101, Against Little Thompson Ranch, LLC: Adria Schiel, Assistant
County Attorney, stated there is a public need for replacement of the Little
Thompson Bridge (also known as Bridge 19/46.5A). She identified the acquisition
of two (2) rights-of-way, for 1 .116 acres and 0.862 acres, with the addition of
temporary construction easements which are needed to make the necessary
upgrades, and provided an overview of the property location for Little Thompson
Ranch, LLC, while displaying aerial maps.
Curtis Hall, Director of the Department of Public Works, indicated the department's
responsibility is to provide safe and cost-effective transportation systems for the
traveling public. He shared the project in question has been part of the identified
Capital Improvement Projects (CIP) since 2019, as it is known that Bridge 19/46.5A
was built in 1960 with an anticipated 50-year lifetime. He stated the bridge carries
an emergency repair finding by the State which must be addressed by
December 31, 2027, and noted various options the County is faced with, and
further recommended a full replacement is deemed best for the safety of the public,
as well as the best long-term solution for tax payers in Weld County.
Mitch Hauff, Western States acquisition consultant working on behalf of the
Department of Public Works, reviewed the timelines associated with
communication efforts with the property owner, and detailed the appraisals and the
additional incentives offered as compensation, for a final offer in the total amount
of $88,100.00.
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Mike Bedell, Department of Public Works, identified as the project manager for the
Bridge 19/46.5A replacement project, discussed the condition of the existing
bridge, and added the 2013 flood had overtopped the bridge by three (3) feet. He
indicated it was restored in a temporary fashion and the new bridge design is larger
and higher to account for major waterway considerations as a requirement of grant
funds from the Colorado Department of Transportation (CDOT). Mr. Bedell
explained the intended construction schedule is time sensitive for environmental
considerations, as well as weather and spring runoff. In response to
Commissioner Maxey, Mr. Bedell confirmed the need for a biologist to assess the
lands prior to the project and also monitor throughout construction.
Don Dunker, Department of Public Works, reviewed the floodplain study, pursuant
to Federal Emergency Management Agency (FEMA) requirements which was
performed by JUB Engineering. He shared the concerns that were identified as a
result of the study and detailed the mitigation efforts to remedy the issues. In
response to Chair James, Mr. Dunker confirmed the money to make the property
owner whole is an additional cost, including the added floodplain study, models for
accuracy, driveway and paving plans, and replacing irrigation structures in the
design, which were added at the request of property owner.
Ms. Schiel recommended proceeding with filing of condemnation in emanate
domain, and confirmed staff notified the counsel retained by Little Thompson
Ranch, LLC, by letter and email dated February 23, 2026.
Keith Binder, representative of Little Thompson Ranch, LLC, indicated the property
was formerly Binder Family Farms, stated he is working to settle the estate, and
requested postponement until concerns surrounding drain tiles are addressed so
they can flood irrigate their crops. In response to Commissioner Ross, Mr. Dunker
indicated some drain tiles were incorporated but if additional tiles are needed that
will need to be reviewed. In response to Commissioner Maxey, Ms. Schiel
confirmed communication can continue to occur even during proceedings until the
scheduled court date. There being no further testimony, Chair James shared his
sentiments and encouraged the property owner, and their counsel, to work with
staff to find a settlement prior to the court date. Commissioner Ross stated findings
of fact and moved to approve said resolution. The motion was seconded by
Commissioner Maxey and it carried unanimously.
New Business — Ordinances:
1 . Second Reading of Code Ordinance #2026-02, In the Matter of Repealing and
Reenacting, with Amendments, Chapter 23 Zoning, Chapter 24 Subdivisions,
and Chapter 27 Planned Unit Developments, of the Weld County Code (Land
Use Processes): Commissioner Ross moved to read Code Ordinance #2026-02
by title only. The motion was seconded by Commissioner Maxey and it carried
unanimously. Bruce Barker, County Attorney, read the title for the record.
Jim Flesher, Department of Planning Services, stated there have been no changes
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since First Reading. Greg Flebbe, Windsor resident, inquired if this was related to
the zoning of data centers, and in response, Maxwell Nader, Deputy Director of the
Department of Planning Services, confirmed there is no correlation to Code
Ordinance #2026-01, which was continued to April 6, 2026, for Final Reading.
There being no additional public testimony concerning the matter,
Commissioner Ross moved to approve Code Ordinance #2026-02 on Second
Reading, as amended. The motion was seconded by Chair James.
Commissioner Maxey shared his concerns with not including timing deadlines and
stated he will not be in support, and upon a roll call vote of four (4) to one (1), the
motion carried, with Commissioner Maxey opposed.
New Business — Planning:
1 . Consider Decommissioning Plan and Accept Collateral for Use by Special
Review Permit, USR24-0010, for a Solar Energy Facility (SEF) Outside of
Subdivisions and Historic Townsites in the A (Agricultural) Zone District —
Pivot Solar 59, LLC: Chris Gathman, Department of Planning Services, stated the
applicant submitted a Surety Bond for the decommissioning and reclamation of
Use by Special Review Permit, USR24-0010, in the amount of$112,500.00, issued
by United Casualty and Surety Insurance Company. He indicated the surety bond
complies with Condition of Approval (COA) #4.A of the resolution, and staff
recommends approval and acceptance. Commissioner Maxey moved to approve
said plan and accept said collateral. The motion was seconded by
Commissioner Buck and it carried unanimously.
2. Consider Decommissioning Plan and Accept Collateral for Use by Special
Review Permit, USR24-0018, for a Solar Energy Facility (SEF) Outside of
Subdivisions and Historic Townsites in the A (Agricultural) Zone District —
Pivot Solar 65, LLC: Molly Wright, Department of Planning Services, stated the
applicant submitted a Surety Bond for the decommissioning and reclamation of
USR24-0018, in the amount of$180,000.00, issued by United Casualty and Surety
Insurance Company. She indicated the surety bond complies with COA#5.A of the
resolution, and staff recommends approval and acceptance. Commissioner Ross
moved to approve said plan and accept said collateral. The motion was seconded
by Commissioner Buck and it carried unanimously.
Public Comment:
1 . Greg Flebbe, Town of Windsor resident, offered his comments to the Board.
Chair James encouraged him to meet with staff from the Department of Planning
Services and Commissioner Ross addressed Weld County not being a utility
provider.
2. Latrice (last name not provided), City of Greeley resident, offered her comments
to the Board, with response and clarification from Commissioner Ross.
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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 10:11 a.m.
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 March, A.D., 2026:
Scott K. James, Chair: Aye
Jason S. Maxey, Pro-Tern: Aye L,
Perry L. Buck: Aye 4ti
Lynette Peppler: Aye 10, �;,
Kevin D. Ross: Aye
Attest: 011 14-
Esther E. Gesick, Clerk to the Board
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