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Home My WebLink About20242726.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO WEDNESDAY, OCTOBER 16, 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, October 16, 2024, 2024, 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 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 October 2, 2024, as printed, Commissioner Buck moved to approve. Commissioner James seconded the motion and it carried four (4) to one(1), with Commissioner Saine abstained. El READ ORDINANCE BY AUDIO: Commissioner James moved to read Emergency Ordinance #260-B by audio. The motion was seconded by Commissioner Buck and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Buck moved to approve the Certification of Hearings conducted on October 2, 2024, as follows: 1) USR24-0015 — Ana Holguin Macias and Mario Contreras Guillen, do MVJ Transports, Inc., and 2) COZ24-0002 — WW, LLC. Commissioner Freeman seconded the motion, which carried unanimously. • AMENDMENTS TO AGENDA: There were no amendments to the Agenda. • CONSENT AGENDA: Commissioner James moved to approve the Consent Agenda, as printed. Commissioner Freeman seconded the motion and it carried unanimously. El PRESENTATIONS: 1) RECOGNITION OF SERVICES, NICE PUBLIC SAFETY AWARD FOR DIRECTOR OF THE YEAR - TINA POWELL: Chair Ross read the certificate for the record. Tina Powell, Director of the Department of Public Safety Communications, thanked the Board for their recognition and support, as well as her team and family. In turn, each Commissioner expressed their gratitude for her humility in the delivery of her ' °I 3 Minutes, Wednesday, October 16, 2024 Page 1 2024-2726 BC0016 duties, and further described her as someone who is a quiet, competent, and compassionate leader. The Board recognized her impressive ongoing efforts for improvement, and shared their appreciation for the skills of the trained dispatchers who provide service to every citizen. The Commissioners highlighted the rapid growth and development and acknowledged the importance of the national accolade that reflects her outstanding leadership of the team, as they arise to challenges, and advocate for the center in service to the citizens of Weld County. (Clerk's Note: The group gathered for a photo opportunity.) la WARRANTS: 1) GENERAL WARRANTS - OCTOBER 15, 2024: Commissioner Buck moved to approve the General Warrants, as printed. Commissioner James seconded the motion and it carried unanimously. El BIDS: 1) APPROVE BID #62400132, DELL CYBERSENCE SUBSCRIPTION — DEPARTMENT OF INFORMATION TECHNOLOGY: Toby Taylor, Purchasing Department, explained the purpose of Cybersence software and stated staff reviewed the four (4) bids received and recommends selecting the lowest cost solution meeting specifications, Zivaro, Inc., for a total amount of $52,735.89. Commissioner Freeman moved to approve said bid. The motion was seconded by Commissioner Saine, and it carried unanimously. El 2) PRESENT BID #62400135, DESIGN AND ENGINEERING SERVICES FOR NORTH JAIL PARKING LOT AND DRAINAGE - FACILITIES DEPARTMENT: Mr. Taylor stated three (3) bids were received and staff will make a recommendation on October 30, 2024. NEW BUSINESS: 1) CONSIDER PETITIONS FOR ABATEMENT OR REFUND OF TAXES FOR ACCOUNT NOS. R6411486 AND R6265186 - TAGAWA GREENHOUSES, INC.: Brenda Dones, Weld County Assessor, alongside Tim Reddick, Assessor's Office, provided a brief description of the properties which are owned by the same business, represented by the same tax agent, and noted both petitions are for tax year 2023. Ms. Dones stated the Assessor's Office disagrees with the tax agent concerning the value of the structure and explained the Cost Approach and Cost Manual were used to establish the values. As result of appeal, she stated the property was inspected, along with the tax agent, and raised questions of the type of framing and structure characteristics, and noted during the inspection they also discovered missing square footage that increased the value of the property. Ms. Dones stated the increased square footage includes a residence which was set below the range of the Market Value approach at $2.40 per square foot for a total of $525,121.00 for R6311486. Upon the inspection of the second parcel, R6265186, they also identified missing square footage, which would have raised the value but opted to hold at the value of $2,288,732.00. Ms. Dones recommends denial of the petitions to retain the values of $89,860.00 and $537,270.00, for a combined assessed valuation of $627,130.00. Neither the petitioner, nor agent, were present. Commissioner James moved to deny said petitions, setting the value as set by the Assessor's Office. The motion was seconded by Commissioner Freeman and it carried unanimously. 2) CONSIDER QUOTE PURSUANT TO SOURCEWELL COOPERATIVE PRICING AGREEMENT FOR PURCHASE OF ROTARY MIXER FOR ROADWAY PAVING IMPROVEMENTS — WAGNER EQUIPMENT COMPANY: Mr. Taylor stated the Department of Fleet Services, on behalf of the Department of Public Works, desires to purchase equipment using prices established in the state cooperative contract. He confirmed staff verified the Sourcewell contract award is the best value for the county in the amount of $758,277.80. Commissioner Freeman moved to approve said quote. The motion was seconded by Commissioner Buck, and it carried unanimously. Minutes, Wednesday, October 16, 2024 Page 2 2024-2726 BC0016 3) CONSIDER CUSTOMER PURCHASE ORDER FOR JOHN DEERE CONSTRUCTION AND FORESTRY PRODUCTS (U.S.A.) FOR USED ROAD RECLAIMER, AND AUTHORIZE CHAIR, DEPARTMENT OF FLEET SERVICES, AND INTERIM CONTROLLER TO SIGN ANY NECESSARY DOCUMENTS - 4RIVERS EQUIPMENT, LLC: Mr. Taylor stated the Department of Fleet Services, on behalf of the Department of Public Works, desires to purchase used equipment for the cost of $645,805.90. Commissioner Buck moved to approve said customer purchase order and authorize the Chair, Department of Fleet Services, and Interim Controller to sign any necessary documents. The motion was seconded by Commissioner James and it carried unanimously. 4) CONSIDER EXPRESSION OF OPPOSITION TO PROPOSITION 127, CONCERNING THE PROHIBITION OF BOBCAT AND MOUNTAIN LION HUNTING IN COLORADO: John Swartout, volunteer on behalf of landowners across the state, encouraged opposition to Proposition 127, presented by out-of-state extremists to control issues through ballot initiatives rather than scientifically manage wildlife populations. He asserted the goal is to end trophy hunting, which is already illegal in Colorado, and legalized hunting is well managed by professionals and scientists employed with Colorado Parks and Wildlife. Mr. Swartout stated the rights of ranchers and farmers are essential, but recognized wildlife is crucial to the ecosystem and encourages a partnership for habitat conservation with landowners. He has advocated for this matter for 35 years with various elected representatives and Colorado Counties, Inc. (CCI), and Proposition 127 is a direct threat to the partnership of landowner conservation. Commissioner James commented on the reintroduction of wolves and impact to livestock owners, and what happens with emotional management versus scientific data. Commissioner James moved to approve said Resolution. The motion was seconded by Commissioner Saine, who commented the initiative seems to punish farmers and ranchers who manage livestock on open lands when the activists claim this is the land they wish to protect. Commissioner Freeman echoed the concerns of Commissioner Saine and further commented the initiative would also endanger deer and elk, which would be at risk with the lack of management of predators. Chair Ross expressed how dangerous it is to mix up the balance of predators, wildlife, and livestock. There being no further discussion, the motion carried unanimously. ti 5) EMERGENCY ORDINANCE NO. 260-B, IN THE MATTER OF A SUPPLEMENTAL APPROPRIATION FOR THE YEAR 2024: Jennifer Oftelie, Budget Manager, stated the emergency ordinance for consideration is the second supplemental appropriation for 2024, to allow for unexpected adjustments to be made to the 2024 Final Budget. She referenced the exhibits that detail the transfer of funds to complete unanticipated projects, repairs, and expenses. In response to Commissioner Saine, Ms. Oftelie explained the budgetary increase from 2023 to 2024 was five percent (5%), but prior to that was less than 5%. Commissioner Saine understands the appropriations are needed, but indicated there should be an emergency fund to cover unanticipated expenses. Ms. Oftelie clarified the budget is not being increased to cover these unexpected expenses, staff is just moving existing money from different pots of money to where they are needed. No public testimony was offered concerning this matter. Commissioner James moved to approve said Emergency Ordinance #260-B. The motion was seconded by Commissioner Freeman, and it carried four (4) to one (1), with Commissioner Saine opposed. PLANNING: 1) CONSIDER CONTRACT ID #8774 APPLICATION FOR SMALL BUSINESS INCENTIVE PROGRAM AND RELEASE OF ECONOMIC DEVELOPMENT TRUST FUNDS (TIER I) - DIRECTIONAL PLUS, LLC, C/O BRIAN AND JODI WARREN: Elizabeth Relford, Interim Director of the Department of Planning Services, stated Directional Plus, LLC, do Brian and Jodi Warren, received approval through a Use by Special Review Permit, USR22-0008, on July 19, 2023, for the headquarters for utilities conduit and casing pipes business. She provided a description of the location of the facility in Eaton, Colorado, which employs six (6) employees, and stated the request and business plan meets criteria for the Tier I fund, Minutes, Wednesday, October 16, 2024 Page 3 2024-2726 BC0016 which she reviewed for the record. Ms. Relford recommended approval of the release of funding, in the amount of $20,000.00. Commissioner Freeman moved to approve said application and authorize the release of economic development trust funds. Commissioner James seconded the motion, which carried unanimously. 2) CONSIDER DECOMMISSIONING PLAN AND ACCEPT COLLATERAL FOR SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR22-0024, FOR A SOLAR ENERGY FACILITY (SEF) OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT - LYTLE FARMS, LLC, C/O SUNSHARE, LLC, DBA BECLEE SOLAR, LLC: Diana Aungst, Department of Planning Services, stated the Surety Bond, in the amount of $138,000.00, meets the Condition of Approval (COA) #5.A for Use by Special Review Permit, USR22- 0024, approved on January 25, 2023. She indicated staff determined the Decommissioning and Reclamation Plan to be complete, along with a Surety Bond that meets the requirements to address the decommissioning and reclamation of the facility, and stated staff recommends approval. Commissioner James moved to approve said decommissioning plan and accept collateral. The motion was seconded by Commissioner Buck and it carried unanimously. 3) CONSIDER CANCELLATION AND FULL RELEASE OF WARRANTY COLLATERAL FOR (PHASE TWO (2) - PANORAMA WIND) FOR USE BY SPECIAL REVIEW PERMIT, USR19-0014 — LEEWARD RENEWABLE ENERGY DEVELOPMENT, LLC: Jazmyn Trujillo -Martinez, Department of Planning Services, requested full release of warranty collateral on behalf of the applicant, in the amount of $300,000.00, held in the form of an amendment to the original Irrevocable Standby Letter of Credit (No. IS000204292U), issued by Wells Fargo Bank. She stated the applicant has fulfilled the two (2) -year warranty period and upon inspection, staff supports the release, with the terms of the RMA to remain in effect for the life of the USR. Commissioner Freeman moved to approve said cancellation and full release of warranty collateral. The motion was seconded by Commissioner James and it carried unanimously. ri PUBLIC COMMENT: 1) Lyn Tausan, City of Greeley resident, offered her comments to the Board. RESOLUTIONS AND ORDINANCES: The Resolutions were presented and signed as listed on the Consent Agenda. Emergency Ordinance #260-B was approved. 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 9:43 a.m. Minutes, Wednesday, October 16, 2024 Page 4 2024-2726 BC0016 These Minutes were approved on the 30th day of October, 2024. BOARD OF COUNTY COMMISSIONERS WELD COU ATTEST: -'7.,40e-1'.,� 1 A% Weld County Clerk to the Board Deputy Clerk to the Boar KevRoss, Chair erry L. B , , Pro -Tern ike Freeman II cott K. 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