HomeMy WebLinkAbout20241248.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MONDAY, MAY 20, 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, May 20, 2024, at the hour of 9:00 a.m.
e. 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
• MINUTES: There being no corrections to the Minutes of the Board of County Commissioners
meeting of May 6, 2024, as printed, Commissioner Buck moved to approve. Commissioner James
seconded the motion and it carried unanimously.
El READ ORDINANCE BY AUDIO: Commissioner James moved to read Code Ordinance #2024-07
by audio. The motion was seconded by Commissioner Buck and it carried unanimously.
A• MENDMENTS TO AGENDA: Commissioner Saine moved to remove the 15 -minute time limit and
majority vote provisions under `Public Comment'. There being no second, the motion failed. There were
no further amendments to the Agenda.
El C• ONSENT AGENDA: There being no public testimony concerning Partial Vacation, VAC24-0006,
of Four -Lot Recorded Exemption, RECX18-0017, for Removal of Lot D — Sanchez Living Trust,
do Anthony Sanchez, Commissioner Freeman moved to approve the Consent Agenda, as printed.
Commissioner James seconded the motion and it carried unanimously.
• WARRANTS:
1) GENERAL WARRANTS - MAY 17, 2024: Commissioner Freeman moved to approve the General
Warrants, as printed. Commissioner Buck seconded the motion and it carried unanimously.
Minutes, Monday, May 20, 2024
Page 1
2024-1248
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BIDS:
1) APPROVE BID #62400077, GROUNDS BUILDING DESIGN AND ENGINEERING SERVICES -
FACILITIES DEPARTMENT: Toby Taylor, Purchasing Department, stated staff recommends selecting
the lowest bidder who met specifications, Collab Architecture, for a total amount of $35,950.00.
Commissioner Saine moved to approve said bid. The motion was seconded by Commissioner James
and it carried unanimously.
▪ 2) APPROVE BID #B2400079, DACONO GRADER SHED DESIGN AND ENGINEERING
SERVICES - FACILITIES DEPARTMENT: Mr. Taylor reviewed staffs recommendation to select Robert
Shreve Architects and Planners, Inc., the low bidder meeting specifications, for a total amount of
$52,700.00. Commissioner Buck moved to approve said bid. The motion was seconded by
Commissioner James and it carried unanimously.
R 3) APPROVE BID #62400055, CONTINUAL MOTOR VEHICLE RECORD MONITORING
SOFTWARE - DEPARTMENT OF HUMAN RESOURCES (CONT'D FROM 5/13/2024): Mr. Taylor
introduced Samba Safety as the sole bidder and confirmed they met all specifications, stating their best
and final offer amounts to $89,148.28, which includes the initial cost of software licenses, first year of
support, and required professional services. He explained the cost for annual maintenance each year
thereafter is $85,236.00. Commissioner Buck moved to approve said bid. The motion was seconded by
Commissioner Freeman and it carried unanimously. (Clerk's Note: Mr. Taylor clarified this bid is for the
Department of Human Resources, not the Department of Human Services.)
• NEW BUSINESS:
1) CONSIDER CONTRACT ID #8105 AMENDMENT #2 TO TASK ORDER CONTRACT FOR AIR
QUALITY PROGRAM AND AUTHORIZE CHAIR TO SIGN AND SUBMIT ELECTRONICALLY:
Jason Chessher, Director of the Department of Public Health and Environment, stated the amendment
allows the department to conduct air quality monitoring for the Colorado Department of Public Health and
Environment (CDPHE), including industrial air quality monitoring, responding to complaints, and issuing
permits. He stated the CDPHE will reimburse the department $97,134.13. Commissioner Buck moved to
approve said amendment and authorize the Chair to sign and submit electronically. The motion was
seconded by Commissioner James and it carried unanimously.
• 2) CONSIDER CONTRACT ID #8109 EDUCATION AFFILIATION CLINICAL TRAINING
AGREEMENT FOR NURSING STUDENT INTERNSHIP REQUIREMENTS AND AUTHORIZE CHAIR
TO SIGN - HERZING UNIVERSITY, LTD.: Mr. Chessher stated the agreement allows nursing students
to obtain clinical hours at Weld County's Public Health Clinic. He noted the department currently has a
part-time nurse who is working towards obtaining higher education and they are hopeful to employ her
as a full-time nurse practitioner when her schooling has concluded. Commissioner Freeman moved to
approve said agreement and authorize the Chair to sign. The motion was seconded by
Commissioner Buck and it carried unanimously.
IR 3) CONSIDER SPECIAL EVENT PERMIT AND AUTHORIZE CHAIR TO SIGN - A WOMAN'S
PLACE, INC.: Matthew Conroy, Assistant County Attorney, gave a brief overview of the event location
and stated a Limited Event Permit was not required by the Department of Planning Services. He stated,
if approved, the event will be held from May 31, 2024, through June 2, 2024, and staff recommends
approval. Heather Nakamura, applicant and member of the Board of Directors for A Woman's Place, Inc.,
was present and shared the event is being held as a fundraiser for the organization's capital campaign
to double their facilities. Nick Nakamura, representative of Bigfoot Turf, stated the event is the World
Long Drive. No public testimony was offered concerning this matter. Commissioner Saine moved to
approve said permit and authorize the Chair to sign. The motion was seconded by Commissioner Buck
and it carried unanimously.
Minutes, Monday, May 20, 2024
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4) CONSIDER APPLICATION FOR HOTEL AND RESTAURANT (COUNTY) LIQUOR LICENSE,
AND AUTHORIZE CHAIR TO SIGN - RIGO'S MEXICAN RESTAURANT, LLC, DBA RIGO'S MEXICAN
RESTAURANT: Mr. Conroy stated the application is for a new liquor license for Rigo's Mexican
Restaurant, located at 711 'O' Street, Greeley, Colorado. He indicated today's hearing is the second step
in the process, as a previous hearing was held and Commissioner Freeman was selected to perform the
inspection. Mr. Conroy stated there were no concerns from any referral agencies.
Commissioner Freeman commented on his inspection, stating the diagram of the liquor licensed
premises was accurate. Jennifer Orosco, applicant, was present and thanked the Board for their
consideration. No public testimony was offered concerning this matter. Commissioner Freeman moved
to approve said application and authorize the Chair to sign. Commissioner James seconded the motion
and it carried unanimously.
IE 5) CONSIDER CONTRACT TO BUY AND SELL REAL ESTATE (825 AND 827 7TH STREET,
GREELEY), AND AUTHORIZE CHAIR TO SIGN ALL NECESSARY DOCUMENTS —
DOROTHY ECKHARDT: Bruce Barker, County Attorney, stated the properties are located across from
the Chase Building (822 7th Street, Greeley) and as a condition of the contract prior to closing, the County
will apply for a demolition permit from the City of Greeley on behalf of the estate of Dorothy Eckhardt.
Commissioner James moved to approve said contract and authorize the Chair to sign all necessary
documents. The motion was seconded by Commissioner Buck and it carried unanimously.
El 6) CONSIDER RESOLUTION RE: EXPRESSION OF SUPPORT FOR ZONING FROM R-1 TO
AGRICULTURAL ZONING FOR ALL RESIDENTS OF EAST GREELEY WHO HAVE SIGNED A
PETITION IN SUPPORT: Commissioner Saine conveyed the Resolution is brought forth on behalf
residents of east Greeley regarding land use matters, pursuant to Section 23-2-10 of the Weld County
Code, and requested the Board waive the fees associated with the permitting process.
Commissioner Saine moved to approve said Resolution. Due to lack of a second, the motion failed.
7) CONSIDER RESOLUTION RE: ACTIONS OUTSIDE OF FEDERAL GOVERNMENT
ENUMERATED POWERS: Commissioner Saine shared her support for the farming and ranching
communities in Weld County. Roni Sylvester, Town of LaSalle resident, detailed her concerns of the
enumerated powers of the Federal Government regarding water rights and the importance of property
rights and the local economy of Weld County. Ms. Sylvester requested the Board approve said
Resolution. The motion was seconded by Commissioner Buck and she recalled a recent discussion she
had with Colorado State Senator Barbara Kirkmeyer, who addressed this matter through House Bill
(HB) 24-1379. Commissioner Buck stated she, therefore, cannot support the passage of this Resolution,
as the matter has already been addressed. After discussion, Bruce Barker, County Attorney, stated the
authority of the Board to deem this matter unconstitutional is not addressed in the Colorado State
Constitution. After further discussion, Chair Ross reviewed the two water bills brought before Colorado
State legislators last year and stated he appreciates Ms. Sylvester's sentiments, but reiterated the Board
does not have authority over this matter. Commissioner James echoed the sentiments of
Commissioner Buck and Chair Ross, and stated he cannot support the motion. Upon a roll call vote of
one (1) to four (4), the motion failed, with Commissioner Saine being the sole affirmative vote.
(Clerk's Note: Marked as Exhibit "A. ")
El 8) SECOND READING OF CODE ORDINANCE #2024-05, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE OF THE WELD
COUNTY CODE (NO APPROPRIATION FOR EMERGENCY SHELTERING OF ILLEGAL ALIENS):
Commissioner Freeman moved to read Code Ordinance #2024-05 by title only. The motion was
seconded by Commissioner James and it carried unanimously. Mr. Barker read the title for the record
and further stated there have been no changes since First Reading. Steve Teets, City of Greeley resident,
Minutes, Monday, May 20, 2024 2024-1248
Page 3 BC0016
expressed his support for this matter and agreed appropriations for foreign nationals should not be
prioritized above the needs of naturalized citizens. He shared the State of Colorado provides medical
insurance for foreign nationals, despite many citizens fighting for Medicaid/Medicare coverage. There
was no further public testimony concerning this matter. Commissioner Saine moved to amend Code
Ordinance #2024-05 on Second Reading to state Weld County will not use any funds from any
department for servicing of illegal immigrants. There being no second, the motion failed.
Commissioner Freeman moved to approve said Code Ordinance #2024-05 on Second Reading, as
presented. The motion was seconded by Commissioner Buck and it carried unanimously.
9) FIRST READING OF CODE ORDINANCE #2024-07, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 7 EMERGENCY MEDICAL SERVICES OF THE
WELD COUNTY CODE: Mr. Barker reviewed the proposal to repeal Chapter 7 from the Weld County
Code, as a result of the State of Colorado assuming licensing of emergency medical services, effective
July 1, 2024. Mr. Barker advised the Board to make the Ordinance effective June 30, 2024. No public
testimony was offered concerning this matter. Commissioner James moved to approve Code Ordinance
#2024-07 on First Reading. The motion was seconded by Commissioner Buck and it carried
unanimously.
PLANNING:
1) CONSIDER CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION
PENALTIES AS SPECIAL ASSESSMENT - CONSUELO HERNANDEZ (CONT'D FROM 11/20/2023):
Adria Schiel, Assistant County Attorney, reviewed the property location and stated the Board last heard
this matter on November 20, 2023, and continued it to allow the property owner further time to bring the
property into compliance. She indicated a recent inspection revealed the property is still in violation of
the Weld County Code and reviewed the violation history, including the court -ordered daily penalty
amount of $20.00 per day. Ms. Schiel stated the violation period is from October 10, 2022, up to, but not
including, April 20, 2024 (a period of 558 days), which amounts to $11,160.00. Jordan Cook, Department
of Planning Services, displayed an updated photo taken on May 8, 2024, reflecting the current status of
the property. Consuelo "Connie" Hernandez, property owner, was present and explained the history of
the property violation, and summarized the work she has done towards the goal of bringing the property
into compliance. She requested information from the Department of Planning Services regarding different
methods that will allow her to bring the property into compliance. In response to Chair Ross,
Ms. Hernandez stated she believes she contacted the Department of Planning Services in January 2024
and has researched the process for selling the box cars currently located on the property. In response to
Commissioner Saine, Ms. Hernandez stated she would like to sell the property, but her mother currently
resides on the property and is against it being sold. After further discussion with Commissioner Saine,
Ms. Hernandez stated she needs to further research the sale of the property. Chair Ross suggested the
Board continue this matter to allow Ms. Hernandez further time for discussion with the Department of
Planning Services. Commissioner Freeman moved to continue said certification to August 19, 2024, at
9:00 a.m., to allow the property owner further time to bring the property into compliance. The motion was
seconded by Commissioner Buck and it carried unanimously.
El 2) SECOND READING OF CODE ORDINANCE #2024-08, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 24 SUBDIVISIONS OF THE WELD COUNTY CODE
(RURAL LAND DIVISIONS (RLDFJ): Commissioner Freeman moved to read Code Ordinance #2024-08
by title only. The motion was seconded by Commissioner James and it carried unanimously. Mr. Barker
read the title for the record. Maxwell Nader, Department of Planning Services, displayed a PowerPoint
presentation and reviewed the proposed changes to Chapter 24 of the Weld County Code, specifically
regarding the requirement for lots to be accessed via a single internal publicly dedicated right-of-way,
pursuant to Section 24-6-20.A.13 of the Weld County Code. Mr. Nader stated there have been no
changes since First Reading and staff recommends approval. No public testimony was offered
concerning this matter. Commissioner James moved to approve Code Ordinance #2024-08 on Second
Minutes, Monday, May 20, 2024 2024-1248
Page 4 BC0016
Reading. The motion was seconded by Commissioner Saine. Chair Ross stated he does not relish
changing the Weld County Code as a result of one-off instances and he understands the property in
question was likely an unintended consequence of the original Rural Land Division (RLDF) Code
language. He noted his reservations concerning this matter. There being no further discussion and upon
a roll call vote of four (4) to one (1), the motion carried, with Chair Ross opposed.
PUBLIC COMMENT:
1) Steve Teets, City of Greeley resident, offered his comments to the Board.
2) Diana Seele and Billie Delancey, Town of Johnstown residents, offered their comments to the
Board and invited them to the Johnstown Meteorite Centennial Celebration on July 6, 2024. (Clerk's Note:
Marked as Exhibit "B. ")
RESOLUTIONS AND ORDINANCES: The Resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance #2024-07 was approved on First Reading and Code Ordinances
#2024-05 and #2024-08 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 9:59 a.m.
These Minutes were approved on the 3rd day of June, 2024.
BOARD OF COUNTY CO u a TONERS
WELD COUNTY, LORADO
ATTEST: theict4)
.. •�
Weld County Clerk to the Board
BY:
g-ectd-rn. i,d6tA
Deputy Clerk to the Board
Key':!. Ross, Chair
Perry ck, Pro-Tem
Mike Freeman
cott"K. James
Lori Saine
Minutes, Monday, May 20, 2024
Page 5
2024-1248
BC0016
May 20, 2015 - S. Platte River Flooding
Dear Senator Gardner,
The S. Platte is rising again, and I am VERY angry!
Of course, farms (along with ours), homes and wastewater treatment plants
in my county of Weld are being subjected to flooding, (not as bad as 2013,
but none the less unnecessary to this extent), here are a couple more
reasons why I'm angry:
1) Governor Hickenlooper is grossly negligent. We have letters dating back
to 2011, illustrating the problems and offering viable solutions. The
governor hasn't attempted to initiate 1! Not 1
Example: April 17, 2014, we (Chuck and I, John and his CSP) physically
walked under the Hwy 85 (adjoins Greeley, CO and Denver) bridge and
told him, "Get CDOT, Army Corps whoever, to dredge this!" He replied
hesitantly, "Well, uh, uh, ok, I'll try."
I couldn't figure this odd response until I learned that because the S. Platte
(actually NONE of the waterways in CO) does not fall under the definition of
navigable, Army Corps and EPA have NO authority over it. Therefore, he
has the duty to order EPA and Army Corps to "get the hell out of the
property owners way so they can maintain!"
2) A major contributing reason to this problem: The lower end (of the S.
Platte Basin) Junior water rights owners have obviously worked with state
water engineers to intentionally "overhydrate" the entire upper end Senior
water rights owners properties, in order to ensure an artificial, non -historic
perennial instream flow past Kersey, CO (where it historically dried up),
where they're pealing it off to sell, pop new wells etc.
3) Over hydration (augmentation) of upper end has raised the water table
from its historic approximate 20 feet to 2 feet and surfacing. If the upper
end still had its historic level of the approximate 20 feet, the rains/snow
we're having would have areas to soak in.
4) Now Gina McCarthy and Governor Hickenlooper are further morphing
the definition of navigable to suit the EPA's gross overreach - aka "Takings
without just compensation."
There's more, but I'll stop here for now...
Their actions are corrupt, in collusion with others and it all needs to be
exposed. Period!
PS: Since I wrote this about 2 hours ago, the river is now near our patio for
the second time in 2 weeks.
Imagine what it would be like had our warnings been heeded and solutions
implemented. Update- 7:00 p.m. river's somewhat crested.
July 6 — Johnstown Meteorite Centennial Celebration
• 10:00 a.m. there will be a Memorial Dedication Ceremony at Johnstown
Cemetery
• From noon to 7 p.m. A Rock and Gem Show will be held at Roosevelt High
School
• From 5:00 p.m. to 7:00 p.m. Presentations by local and national experts
including a real NASA astronaut will be at the Roosevelt High School
Auditorium
• Dusk — Johnstown's First Ever Drone Show held at Roosevelt High School
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