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Home My WebLink About20243048.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MONDAY, NOVEMBER 18, 2024 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, November 18, 2024, at the hour of 9:00 a.m. (Clerk's Note: Due to technical issues with recording, the quality of audio is difficult, at times, to hear and understand.) 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 Kevin D. Ross, Chair Commissioner Perry L. Buck, Pro-Tem Commissioner Mike Freeman Commissioner Scott K. James Commissioner Lori Saine Also present: County Attorney, Bruce Barker Acting Clerk to the Board, Houstan Aragon Chief Financial Officer, Cheryl Pattelli El MINUTES: There being no corrections to the Minutes of the Board of County Commissioners meeting of November 4, 2024, as printed, Commissioner James moved to approve. Commissioner Buck seconded the motion and it carried unanimously. ▪ AMENDMENTS TO AGENDA: There were no amendments to the Agenda. El CONSENT AGENDA: Commissioner James moved to approve the Consent Agenda, as printed. Commissioner Freeman seconded the motion and it carried unanimously. • WARRANTS: 1) GENERAL WARRANTS - NOVEMBER 13, AND 15, 2024: Commissioner Buck moved to approve the General Warrants, as printed. Commissioner James seconded the motion and it carried unanimously. BIDS: 1) APPROVE BID #B2400119, SH 392 AND CR 37 INTERSECTION IMPROVEMENTS - DEPARTMENT OF PUBLIC WORKS: Toby Taylor, Purchasing Department, stated staff conducted a Qualifications Based Selection (QBS) process to select a consultant to perform design and engineering services for the improvements project for the State Highway (SH) 392 and County Road 37 (CR) intersection. He indicated a selection committee reviewed and scored the four (4) vendor proposals received, using a pre -determined selection criterion. Mr. Taylor reviewed staff's recommendation to select Atkins Realis, for a total amount of $1,076,601.00. Commissioner Freeman moved to approve said bid. The motion was seconded by Commissioner James, and it carried unanimously. 12.15 Minutes, Monday, November 18, 2024 Page 1 2024-3048 BC0016 2) APPROVE BID #62400115, DOCUMENT MANAGEMENT SYSTEM FOR CLERK TO THE BOARD — DEPARTMENT OF INFORMATION TECHNOLOGY: Mr. Taylor stated staff recommends continuing this matter to December 2, 2024, to allow staff further time to complete the grading matrix from the data collected from each of the bids received. Commissioner James moved to continue said bid to December 2, 2024, at 9:00 a.m., per staff's recommendation. The motion was seconded by Commissioner Buck, and it carried unanimously. Ei NEW BUSINESS: 1) CONSIDER REVISIONS TO FEE SCHEDULE FOR FEES COLLECTED BY WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT: Jason Chessher, Director of the Department of Public Health and Environment, presented an update to the fee schedule for 2025. He indicated there are changes to environmental health fees and public health fees, which he clarified are evaluated annually with cost recovery being the primary goal. Mr. Chessher stated the fee schedule was presented to the Board in a work session held on October 24, 2024, and staff recommends approval. Commissioner Freeman moved to approve said fee schedule, as revised. The motion was seconded by Commissioner James and it carried unanimously. El 2) CONSIDER CONTRACT ID #8841 REQUEST FOR APPLICATION (RFA) FOR ENVIRONMENTAL JUSTICE GRANT PROGRAM AND AUTHORIZE CHAIR TO SIGN: Mr. Chessher requested approval to submit the application to develop a public education program related to air quality regulations for Weld County. Commissioner James moved to approve said application and authorize the Chair to sign. The motion was seconded by Commissioner Buck, and upon a roll call vote of four (4) to one (1), it carried with Commissioner Saine opposed. 3) CONSIDER CONTRACT ID #8847 ACCEPTANCE OF TWO (2) PURCHASE ORDERS AND STATEMENTS OF WORK REGARDING SMALL DOLLAR GRANT AWARD TERMS AND CONDITIONS FOR 2024 EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) AND LOCAL EMERGENCY MANAGEMENT SUPPORT (LEMS) PROGRAM FUNDING, AND AUTHORIZE OFFICE OF EMERGENCY MANAGEMENT TO DISBURSE SAID FUNDS: Roy Rudisill, Director of the Office of Emergency Management, stated the County received funds, in the amount of $91,496.00, used to support various needs of the Office of Emergency Management (OEM). Commissioner Buck moved to accept said award letter statements of work, and authorize the Office of Emergency Management to disburse funds. The motion was seconded by Commissioner James and it carried unanimously. El 4) CONSIDER AGREEMENT FOR SERVICES FOR INTERNET -BASED ELECTRONIC PROCESSING OF BID INFORMATION RELATED TO FORECLOSURE AUCTION SALES AND AUTHORIZE CHAIR AND PUBLIC TRUSTEE'S OFFICE TO SIGN - REALAUCTION.COM, LLC: Brigitte Grimm, Weld County Treasurer, alongside Julie Cole, Public Trustee, stated, this and the following item are related to statutory auctions. Ms. Grimm indicated the Treasurer's Office currently uses this vendor for online auction services, and for consistency purposes, has added foreclosure services. Commissioner Freeman moved to approve said agreement and authorize the Chair and Public Trustee's Office to sign. The motion, which was seconded by Commissioner James, carried unanimously. El 5) CONSIDER AGREEMENT FOR SERVICES FOR INTERNET -BASED ELECTRONIC PROCESSING OF BID INFORMATION RELATED TO AUCTION SALES CERTIFICATE OF OPTION FOR TREASURER'S DEED AND AUTHORIZE CHAIR AND TREASURER'S OFFICE TO SIGN - REALAUCTION.COM, LLC: Ms. Grimm informed the Board, following the Supreme Court's Tyler v. Hennepin ruling, the state's legislative House Bill 24-1056 passed to update the current Treasurer's Deed Process in Colorado. She explained, with the submission of a Treasure's Deed Minutes, Monday, November 18, 2024 Page 2 2024-3048 BC0016 application, staff is now required to auction all properties; therefore, this service is now added to the existing services already offered for online tax lien auctions. Commissioner Buck moved to approve said agreement and authorize the Chair and Treasurer's Office to sign. The motion, which was seconded by Commissioner James, carried unanimously. IEJ 6) CONSIDER AMENDMENT #2 TO MASTER AGREEMENT FOR TREASURY MANAGEMENT SERVICES AND AUTHORIZE CHAIR TO SIGN - WELLS FARGO BANK, N.A.: Ms. Grimm recommends approval of the amendment to maintain the current pricing and fraud prevention services. Commissioner Freeman moved to approve said amendment and authorize the Chair to sign. The motion was seconded by Commissioner Buck and it carried unanimously. Ei 7) CONSIDER COUNTY DANCE HALL LICENSE NO. 2025-02 AND AUTHORIZE CHAIR TO SIGN - EL CENTENARIO ENTERTAINMENT, LLC, DBA EL CENTENARIO NIGHTCLUB: Matthew Conroy, Assistant County Attorney, gave a brief overview of the location of the establishment which has held their Dance Hall License since 2018, stated there are no concerns from referral agencies, and recommended approval. Commissioner Buck moved to approve said license and authorize the Chair to sign. The motion was seconded by Commissioner James and it carried unanimously. 8) SECOND READING OF CODE ORDINANCE #2024-13, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 12 LICENSES AND PERMITS OF THE WELD COUNTY CODE (LIQUOR LICENSES AND PERMITS, AND COUNTY DANCE HALL LICENSES): Commissioner James moved to read Code Ordinance #2024-13 by title only. The motion was seconded by Commissioner Buck, and it carried unanimously. Bruce Barker, County Attorney, read the title for the record. Mr. Conroy reviewed the proposed changes to Chapter 12 regarding liquor licenses and permits, and dance hall permits. He indicated there have been no additional changes since First Reading and staff recommends approval. No public testimony was offered concerning this matter. Commissioner James moved to approve Code Ordinance #2024-13 on Second Reading. The motion was seconded by Commissioner Buck, and upon a roll call vote of four (4) to one (1), it carried with Commissioner Saine opposed. 9) SECOND READING OF CODE ORDINANCE #2024-15, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE OF THE WELD COUNTY CODE (APPENDIX 5-H - FEES FOR LIQUOR LICENSES): Commissioner James moved to read Code Ordinance #2024-15 by title only. The motion was seconded by Commissioner Buck, and it carried unanimously. Mr. Barker read the title for the record. Mr. Conroy reviewed the proposed changes to Chapter 5 regarding the fees associated to liquor licenses. He indicated there have been no additional changes since First Reading and staff recommends approval. No public testimony was offered concerning this matter. Commissioner Freeman moved to approve Code Ordinance #2024-15 on Second Reading. The motion was seconded by Commissioner James, and it carried unanimously. 10) SECOND READING OF CODE ORDINANCE #2024-14, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE OF THE WELD COUNTY CODE (FEE SCHEDULE): Commissioner James moved to approve Code Ordinance #2024-14 by title only. The motion was seconded by Commissioner Buck, and it carried unanimously. Mr. Barker read the title for the record. Jennifer Oftelie, Weld County Budget Manager, reviewed the proposed changes to Chapter 5 regarding the fee schedule, indicated there have been no additional changes since First Reading, and staff recommends approval. No public testimony was offered concerning this matter. Commissioner James moved to approve Code Ordinance #2024-14 on Second Reading. The motion was seconded by Commissioner Buck, and upon a roll call vote of four (4) to one (1), it carried with Commissioner Saine opposed. Minutes, Monday, November 18, 2024 Page 3 2024-3048 BC0016 Ei 11) SECOND READING OF ORDINANCE #261, IN THE MATTER OF SUMMARIZING EXPENDITURES AND REVENUES FOR EACH FUND AND ADOPTING A BUDGET FOR THE COUNTY OF WELD, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2025, AND ENDING THE LAST DAY OF DECEMBER, 2025: Commissioner Freeman moved to approve Ordinance #261 by title only. The motion was seconded by Commissioner Buck, and it carried unanimously. Mr. Barker read the title for the record. Ms. Oftelie indicated there have been no additional changes since First Reading, and staff recommends approval. No public testimony was offered concerning this matter. Commissioner James moved to approve Ordinance #261 on Second Reading. The motion was seconded by Commissioner Buck, and upon a roll call vote of four (4) to one (1), it carried with Commissioner Saine opposed. PLANNING: 1) CONSIDER DECOMMISSIONING PLAN AND ACCEPT COLLATERAL FOR SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR24-0008, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT- CHRISTOPHER CANNON, CURTIS MONTGOMERY CANNON, AND ELIZABETH ANNE NEWTON TRUST, C/O PIVOT SOLAR 58, LLC, AND PIVOT SOLAR 60, LLC: Molly Wright, Department of Planning Services, stated the applicant submitted the decommissioning and reclamation plan for Use by Special Review Permit, USR24-0008. She noted staff received surety bonds, for the amounts of $101,250.00, and $24,750.00, one (1) for each respective section, that satisfy Condition of Approval (COA) #5.A. Bradley Thomas, representative, was present but had nothing further to add concerning the matter. Commissioner James moved to approve said decommissioning plan, and accept collateral. The motion was seconded by Commissioner Buck and it carried unanimously. 2) CONSIDER CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - CONSUELO HERNANDEZ (CONT'D FROM 8/19/2024): Adria Schiel, Assistant County Attorney, reviewed the court assessed daily penalties, in the amount of $20.00, beginning in 2021. She described the various violations and noted former amounts were previously certified by the Board; however, the matter was continued from August 19, 2024, to allow the property owner additional time to bring the site into compliance. Jordan Cook, Department of Planning Services, displayed photographs of the site, taken on November 14, 2024, providing evidence of the property still in violation of the Weld County Code; however, Ms. Schiel indicated the property owner has provided updated photos to prove the cargo containers have been removed from the property since the pictures were taken by Mr. Cook. She stated, despite the removal, the property still remains in violation with the presence of a small non-commercial junkyard and derelict campers on the property. Ms. Schiel recommended penalties to be certified to the Weld County Treasurer's Office, for the period of October 10, 2022, up to and including July 19, 2024 (period of 648 days) in the amount of $12,960.00. Consuelo Hernandez, property owner, confirmed containers have been removed and stated he will have the recreational vehicles removed. She shared family struggles with relinquishing items, and thanked the Board and staff for working with her during this process. After discussion among the Board, it was determined to allow the property owner further time to bring the property into compliance. Commissioner Freeman moved to continue the matter to February 17, 2025, at 9:00 a.m. The motion was seconded by Commissioner James, and it carried unanimously. (Clerk's Note: Subsequent to the motion carried by the Board, the date was moved to February 19, 2025, due to Weld County's closure in observation of President's Day.) El PUBLIC COMMENT: No public comment was offered. Minutes, Monday, November 18, 2024 Page 4 2024-3048 BC0016 RESOLUTIONS AND ORDINANCES: The Resolutions were presented and signed as listed on the Consent Agenda. Ordinance #261; and Code Ordinances #2024-13, #2024-14, and #2024-15, were approved on Second 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 9:32 a.m. These Minutes were approved on the 2nd day of December, 2024. BOARD OF COUNTY COMMISSIONERS WELD COUN •L•'+° iO ATTEST: � J .. ' t.; Weld County Clerk to the Board • lkiCIA.u)z-h- Deputy Clerk to the Board Kevi oss, Chair Perry L. Buc/-'ro-Tem Mike reeman cot K. James EXCUSED DATE OF APPROVAL Lori Saine Minutes, Monday, November 18, 2024 Page 5 2024-3048 BC0016 Hello