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Home My WebLink About20242561.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MONDAY, SEPTEMBER 30, 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, September 30, 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 — EXCUSED Commissioner Perry L. Buck, Pro-Tem Commissioner Mike Freeman Commissioner Scott K. James Commissioner Lori Saine Also present: Deputy County Attorney, Karin McDougal 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 September 16, 2024, as printed, Commissioner James moved to approve. Commissioner Freeman seconded the motion and it carried unanimously. I AMENDMENTS TO AGENDA: There were no amendments to the Agenda. =1 CONSENT AGENDA: Commissioner Freeman moved to approve the Consent Agenda, as printed. Commissioner James seconded the motion and it carried unanimously. WARRANTS: 1) GENERAL WARRANTS - SEPTEMBER 27, 2024: Commissioner James moved to approve the General Warrants, as printed. Commissioner Freeman seconded the motion and it carried unanimously. El 2) COMMISSIONER WARRANTS (KEVIN D. ROSS) - SEPTEMBER 27, 2024: Commissioner Freeman moved to approve the Warrant, as printed. Commissioner James seconded the motion, and upon a roll call vote of four (4) to zero (0), the motion carried, with Commissioner Ross excused. 3) COMMISSIONER WARRANTS (LORI SAINE) - SEPTEMBER 27, 2024: Commissioner James moved to approve the Warrant, as printed. Commissioner Freeman seconded the motion, and upon a roll call vote of three (3) to zero (0), the motion carried, with Commissioner Saine recused. 10115 Minutes, Monday, September 30, 2024 Page 1 2024-2561 BC0016 Al BIDS: 1) PRESENT BID #B2400130, DESIGN AND ENGINEERING FOR DEPARTMENT OF HUMAN SERVICES (BUILDING B) VARIABLE AIR VALVE (VAV) AND HEATING, VENTILATION, AND AIR CONDITIONING (HVAC) CONTROL SYSTEM UPGRADE - FACILITIES DEPARTMENT: Toby Taylor, Purchasing Department stated five (5) bids were recieved and staff will make a recommendation on October 14, 2024. El 2) CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE AND AUTHORIZE CHAIR PRO-TEM TO SIGN - (LOTS 1-8, NW1/4, N1/2 SW1/4, SW1/4 SW1/4, S6, T8N, R58W): Chris D'Ovidio, Weld County Interim Controller, stated one (1) bid was from Verdad Resources, LLC, for the amount of $2,100.00, per mineral acre, for a total of $403,158.00. In response to Commissioner James, Mr. D'Ovidio confirmed the accepted amount of monies is considered fair market value. Commissioner James moved to approve said lease, and authorize Chair Pro-Tem to sign. The motion was seconded by Commissioner Freeman and it carried unanimously. N NEW BUSINESS: 1) CONSIDER CONTRACT ID #8745 MASTER SERVICES AND PURCHASING AGREEMENT FOR JUSTICE PREMIER DIGITAL EVIDENCE MANAGEMENT SYSTEM SOFTWARE PROCURED THROUGH COLORADO STATE PRICING COOPERATIVE, AND AUTHORIZE CHAIR PRO-TEM TO SIGN -AXON ENTERPRISES, INC.: Mr. Taylor stated the 19th Judicial District Attorney's Office desires to purchase software that allows for processing and editing of body worn camera video footage, as a result of legislative measures to enhance law enforcement integrity through House Bill 20-2017. He explained Sections 5-40-100 and 5-40-80 of the Weld Countly Code allow for the use of current state agency cooperative agreements and exempts items from internal procurement processes for the best interest to the county. Mr. Taylor stated staff has confirmed the Colorado State Purchasing Agreement No. NVP-PA191032 with Axon Enterprises, Inc., is current and recommends approval of the agreement for the amount of $544,752.00, amoritized over five (5) years. Commissioner Freeman moved to approve said agreement and authorize the Chair Pro-Tem to sign. The motion was seconded by Commissioner James and it carried unanimously. RE 2) CONSIDER CONTRACT ID #8711 PROGRAMMING AGREEMENT AND COLORADO SATELLITE PARTNER AND GRANT ADDENDUM FOR COOKING MATTERS PROGRAM FOR NO KID HUNGRY CAMPAIGN, AND AUTHORIZE CHAIR PRO-TEM TO SIGN - NOURISH COLORADO: Jason Chessher, Director of the Department of Public Health and Environment, stated the agreement allows for continuation of the Cooking Matters Program, which is designed to combat cardiovascular disease and diabetes. Commissioner James moved to approve said agreement and addendum and authorize the Chair to sign. The motion was seconded by Commissioner Freeman and it carried unanimously. L1 1 3) CONSIDER TEMPORARY CLOSURE OF CR 44 BETWEEN CRS 51 AND 53: Amy Mutchie, Department of Public Works, requested the closure of County Road (CR) 44 between CRs 51 and 53 from October 14, 2024, through February 28, 2025, for the replacement of Bridge 44/51A. She stated the gravel portions of the detour route will be treated for dust control, and message boads will be placed for the duration of the closure, which was coordinated with farming and irrigation activities. Commissioner Freeman moved to approve said temporary closure. The motion was seconded by Commissioner James and it carried unanimously. Minutes, Monday, September 30, 2024 Page 2 2024-2561 BC0016 (0 4) CONSIDER DECLARATION OF CERTAIN EQUIPMENT AS SURPLUS PROPERTY, AUTHORIZE SALE OF SAME TO PARK COUNTY SHERIFF'S OFFICE, AND DELEGATE AUTHORITY TO INTERIM CONTROLLER TO SIGN ANY NECESSARY DOCUMENTS: Mr. D'Ovidio stated the Park County Sheriff's Office offered to purchase two (2) Ford Explorers (a 2017 and a 2018) that were set to go to auction. Commissioner James moved to approve said declaration of surplus property, authorize the sale of same to the Park County Sheriff's Office for a total of $6,000.00, and authorize the Interim Controller to sign any necessary documents. Seconded by Commissioner Freeman, the motion carried unanimously. PLANNING: 1) CONSIDER CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - DANIELA FLORES: Adria Schiel, Assistant County Attorney, provided a brief summary of the court -order process, explained this and each of the following properties are in violation of the Weld County Code for various zoning and/or building violations, and she introduced Nicole Brick, Cynthia Villanueva, and Jordan Cook, Compliance Officers with the Department of Planning Services. She stated Daniela Flores, property owner, has a court -ordered penalty in the amount of $25.00, per day, which began on January 8, 2024, for zoning violations which include vacant property with occupied recreational vehicles (RVs). Ms. Schiel reported numerous complaints have been received, including the Chief of Police for the Town of Milliken, and there has been no significate progress with the property; therefore, staff recommends certification as a special assessment in the amount of $5,925.00, for the period of January 8, 2024, up to and including August 31, 2024. No property owner was present to offer testimony. In response to Commissioner Saine, Ms. Villanueva confirmed the property owner has been in contact with staff but only states it's a "work in progress," which has been the status for over a year. Commissioner James moved to approve said certification of zoning violation as a special assessment. The motion was seconded by Commissioner Freeman and it carried unanimously. Chi 2) CONSIDER CERTIFICATION TO WELD COUNTY TREASURER OF COUNTY COMPLIANCE VIOLATION PENALTIES AS SPECIAL ASSESSMENT - MANUEL MONTEZ: Ms. Schiel stated Manuel Montez, property owner, has a court -ordered penalty in the amount of $15.00, per day, which began on September 18, 2023, for county compliance violations which include vacant property with occupied RV, non-commercial junkyard, and noted staff has received complaints concerning health and safety which has been substantiated through photographs taken by staff and displayed for the record. She stated staff recommends certification as a special assessment in the amount of $5,235.00, for the period of January 8, 2024, through August 31, 2024. No property owner was present to offer testimony. In response to Commissioner James, Ms. Villanueva confirmed this property is located in LaSalle, Colorado. Commissioner Freeman moved to approve said certification of zoning violation as a special assessment. The motion was seconded by Commissioner James and it carried unanimously. L } 3) CONSIDER CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT — BRIAN RECTOR: Ms. Schiel stated Brian Rector, property owner, has a court -ordered penalty in the amount of $50.00, per day, which began on December 4, 2023, for zoning violations which include parking commercial vehicles, an unpermitted structure, and no land use • permit. She stated staff recommends certification as a special assessment in the amount of $13,600.00, for the period of December 4, 2023, through August 31, 2024. Brian Rector, property owner, and David Huwa, Colorado Civil Group representative, were present and gave an explanation as the status of the property. Maxwell Nader, Department of Planning Services, confirmed the Change of Zone process does take approximately six (6) months to complete. Commissioner Saine moved to continue said certification of zoning violation as a special assessment to March 31, 2024, at 9:00 a.m. The motion was seconded by Commissioner James and it carried unanimously. Minutes, Monday, September 30, 2024 Page 3 2024-2561 BC0016 I 4) CONSIDER CERTIFICATION TO WELD COUNTY TREASURER OF COUNTY COMPLIANCE VIOLATION PENALTIES AS SPECIAL ASSESSMENT - HOMAR MANRIQUEZ: Ms. Schiel stated Homar Manriquez, property owner, has a court -ordered penalty in the amount of $75.00, per day, which began on August 5, 2024, for zoning violations which include a non-commercial junkyard without a principal use. She stated staff recommends certification as a special assessment in the amount of $2,025.00, for the period of August 5, 2024, through August 31, 2024. No property owner was present to offer testimony. In response to Commissioner Saine, Ms. Brick stated she met with Mr. Manriquez in July 2024, when he submitted a pre -application request and further indicated he has been incarcerated when the initial penalties were assessed. She stated the daily penalties were suspended until he could appear in court regarding this matter, but has failed to appear and no further communication has happened. Commissioner Freeman moved to approve said certification of zoning violation as a special assessment. The motion was seconded by Commissioner James and it carried unanimously. �1 5) CONSIDER CERTIFICATION TO WELD COUNTY TREASURER OF COUNTY COMPLIANCE VIOLATION PENALTIES AS SPECIAL ASSESSMENT - JACOB RETTENBERGER AND SHERRY LOUK: Ms. Schiel stated Jacob Rettenberger and Sherry Louk, property owners, have a court -ordered penalty in the amount of $25.00, per day, that began May 6, 2024, through June 5, 2024, for a total of 31 days. She stated since the property was still in violation as of June 6, 2024, the penalty increased to $50.00, per day, for count compliance violations which include a non-commercial junkyard without a principal use. She stated staff recommends certification as a special assessment in the amount of $5,125.00, for the period of June 6, 2024, up to and including August 31, 2024. No property owner was present to offer testimony. Commissioner James moved to approve said certification of zoning violation as a special assessment. The motion was seconded by Commissioner Freeman and it carried unanimously. II 6) CONSIDER CERTIFICATION TO WELD COUNTY TREASURER OF COUNTY COMPLIANCE VIOLATION PENALTIES AS SPECIAL ASSESSMENT - MARCO ANTONIO RUIZ SOTO AND MARIA DEL CARMEN BEJARANO-BARRAZA: (Clerk's Note: This item was postponed to the end of the meeting to allow for a translator to be present.) 1O 7) CONSIDER CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - ARTHUR KOHN: Ms. Schiel stated Arthur Kohn, property owner, has a court -ordered penalty in the amount of $40.00, per day, which began on March 4, 2024, for zoning violations which include a non-commercial junkyard. She stated staff recommends certification as a special assessment in the amount of $7,240.00, for the period of March 4, 2024, up to and including August 31, 2024. The property owner was not present, and in response to Commissioner Saine, Ms. Villanueva clarified that Mr. Kohn has retained legal representation with Steven Janssen, Esq., therefore, all communications regarding this matter have been circulated to him. Commissioner Freeman moved to approve said certification of zoning violation as a special assessment. The motion was seconded by Commissioner James and it carried unanimously. l 8) CONSIDER CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT — IVY VALDEZ: Ms. Schiel stated Ivy Valdez, property owner, has a court -ordered penalty in the amount of $25.00, per day, which began on November 6, 2023, for zoning violations which include multiple commercial vehicles. She stated staff recommends certification as a special assessment in the amount of $7,500.00, for the period of November 6, 2023, through August 31, 2024. No property owner was present to offer testimony. Commissioner Freeman moved to approve said certification of zoning violation as a special assessment. The motion was seconded by Commissioner James and it carried unanimously. Minutes, Monday, September 30, 2024 Page 4 2024-2561 BC0016 Al 9) CONSIDER CERTIFICATION TO WELD COUNTY TREASURER OF COUNTY COMPLIANCE VIOLATION PENALTIES AS SPECIAL ASSESSMENT - CHEVY TRUCK PARTS, LLC, C/O DOUGLAS RUPPEL: Ms. Schiel stated Chevy Truck Parts, LLC, c/o Douglas Ruppel, property owner, has a court -ordered penalty in the amount of $100.00, per day, which began on July 3, 2024, for county compliance violations which include outdoor storage of commercial equipment, recreational/personal vehicles, semi -trucks and trailers without a land use permit for property which is zoned 1-3 (Industrial). She indicated tire recycling takes place on the property through the tennant, and confirmed the court did temporarily suspended the daily penalties, but they were restarted in July. Ms. Schiel stated staff recommends certification as a special assessment in the amount of $6,000.00, for the period of July 3, 2024, up to and including August 31, 2024. Douglas Ruppel, property owner was present and stated he purchased the property in 1968, has never been fined in the 45 years of conducting business, and is in the process of improving the property. Mr. Ruppel explained his tennants wanted to park semi trucks on the property, for which the plans were submitted, but later abandoned. He stated he contacted the County to update a well permit from residential to commercial and spoke with the Department of Public Health and Environment about an unpermitted septic system. Mr. Ruppel explained the process is at a standstill, as County staff is requiring a retention pond, therefore, he needs more time to get the property into compliance. Commissioner Saine moved to continue said certification of zoning violation as a special assessment to March 31, 2025, at 9:00 a.m. The motion was seconded by Commissioner James and it carried unanimously. I1 10) CONSIDER CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - MICHAEL LOPEZ: Ms. Schiel stated Michael Lopez, property owner, has a court -ordered penalty in the amount of $25.00, per day, which began on February 26, 2024, for zoning violations which include a non-commercial junkyard. She stated complaints about the property were initiated in February 2022, and staff recommends certification as a special assessment in the amount of $4,700.00, for the period of February 26, 2024, through August 31, 2024. Mr. Cook provided an overview of the inspection of the property and noted Mr. Lopez is waiting on an insurance claim settlement, which will allow hime to complete the fence to screen the property. No property owner was present to offer testimony. In response to Commissioner James, Mr. Cook stated he is unaware of any certain date for the insurance settlment. He further stated the property owner is currently out of state, which is .why he is not present. Commissioner Saine moved to continue said certification of zoning violation as a special assessment to October 28, 2024, at 9:00 a.m. The motion was seconded by Commissioner James and it carried unanimously. [El 6) CONSIDER CERTIFICATION TO WELD COUNTY TREASURER OF COUNTY COMPLIANCE VIOLATION PENALTIES AS SPECIAL ASSESSMENT - MARCO ANTONIO RUIZ SOTO AND MARIA DEL CARMEN BEJARANO-BARRAZA: Ms. Schiel stated the property owners have a court -ordered penalty in the amount of $50.00, per day, which began on February 5, 2024, for county compliance violations which include storage of commercial vehicles and equipment in a subdivision. She stated staff recommends certification as a special assessment in the amount of $10,450.00, for the period of February 5, 2024, 2024, through August 31, 2024. Patty Garcia, Weld County staff, interpreted on behalf of Maria Del Carmen Bejarano-Barraza, property owner, and explained the family has been out of the country; however, they are working to clear the property and requested one (1) month to bring the property into compliance. Commissioner James moved to continue said certification of zoning violation as a special assessment to November 25, 2024, at 9:00 a.m. The motion was seconded by Commissioner Saine and it carried unanimously. F211 PUBLIC COMMENT: 1) Steve Teets, City of Greeley resident, offered his comments to the Board. Minutes, Monday, September 30, 2024 Page 5 2024-2561 BC0016 2) Charles Anderson, Town of Platteville resident, offered his comments to the Board, with responses from Karin McDougal, Deputy County Attorney, and Commissioner Saine. RESOLUTIONS AND ORDINANCES: The Resolutions were presented and signed as listed on the Consent Agenda. No Ordinances were 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 10:06 a.m. These Minutes were approved on the 14th day of October, 2024. BOARD OF COUNTY COMMISSIONERS WELD COUN COORftcOQ ATTEST: C ) (,1 `v je ;4 Weld County Clerk to the Board Deputy Clerk to the Boar Kevin D Ross, Chair Perry L. B,ck, Pro-Tem EXCUSED Mike Freeman Scott K. James Lori Saine Minutes, Monday, September 30, 2024 Page 6 2024-2561 BC0016 ATTENDANCE LIST DATE : 9/3b/2.4 NAME - PLEASE PRINT LEGIBLY ADDRESS (CITY, STATE ZIP) EMAIL COUNTY OF RESIDENCE SPEAKING (Y/N)? pp n. w 'bav ;: d� k Z. Log ihgrimy^ _ /) r i ue-, Lair, 1 r' dh,,, a C ', n. C. , X1.5 - W �� (j / s ; -1c TS P.c) . 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