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Home My WebLink About20242643.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MONDAY, OCTOBER 7, 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 7, 2024, at the hour of 9:00 a.m. (Clerk's Note: There is no audio available for the first 2 minutes of the meeting, due to technical error. Audio commences at item #1 under Bids.) 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 T. Barker Clerk to the Board, Esther E. Gesick Chief Financial Officer, Cheryl Pattelli MINUTES: There being no corrections to the Minutes of the Board of County Commissioners meeting of September 23, 2024, as printed, Commissioner Buck moved to approve. Commissioner James seconded the motion and it 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. WARRANTS: 1) GENERAL WARRANTS - OCTOBER 2, AND 4, 2024: Commissioner Buck moved to approve the General Warrants, as printed. Commissioner James seconded the motion and it carried unanimously. BIDS: 1) APPROVE BID #B2400128, AUDIO AND VISUAL EQUIPMENT UPGRADES - FACILITIES DEPARTMENT: Toby Taylor, Purchasing Department, stated staff recommends selecting the lowest bidder who met specifications, ITI Systems, for a total amount of $766,794.27. Commissioner Freeman moved to approve said bid. The motion was seconded by Commissioner James, and it carried unanimously. 1017,1 Minutes, Monday, October 7, 2024 Page 1 2024-2643 BC0016 • 2) PRESENT BID #B2400131, 3/8 -INCH LIGHT WEIGHT CHIP AGGREGATE SUPPLY - DEPARTMENT OF PUBLIC WORKS: Mr. Taylor stated one (1) bid was received and staff will make a recommendation on October 21, 2024. • NEW BUSINESS: 1) CONSIDER PETITIONS FOR ABATEMENT OR REFUND OF TAXES FOR ACCOUNT NOS. R8971272, R8972173, AND R8972174 — 3772FRED, LLC: Brenda Dones, Weld County Assessor, stated three (3) petitions for three (3) properties located in the Town of Frederick, Colorado, are owned by the same owner and represented by the same tax agent. She noted a written request for administrative denial was received by staff to preserve their right to appeal to the Board of Adjustment Appeals (BOAA). Ms. Dones indicated staff reviewed their assessment of the property and agreed to sustain the current value, and recommended the petitions be denied. No public testimony was offered concerning this matter. Commissioner James moved to deny said petitions. The motion was seconded by Commissioner Freeman and upon a roll call vote, the motion carried four (4) to one (1), with Commissioner Saine opposed. • 2) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR ACCOUNT NO. R5237408 - 4RIVERS PROPERTIES MEAD, LLC: Ms. Dones gave an overview of the location and improvements made to the property that was most recently sold in October 2020 for $4.5M and applied reduction in value of land, and stated the tax agent's request for administrative denial was received by staff to preserve their right to appeal to the BOAA. Ms. Dones indicated staff reviewed their assessment of the property Income and Market approach values, agreed to sustain the current value, and recommended the petition be denied. No public testimony was offered concerning this matter. Commissioner Freeman moved to deny said petition. The motion was seconded by Commissioner Buck and upon a upon a roll call vote, the motion carried four (4) to one (1), with Commissioner Saine opposed. TA 3) CONSIDER AMENDMENT #1 TO AGREEMENT FOR PROFESSIONAL SERVICES FOR PUBLIC RELATIONS FOR GOVERNMENT ISSUES AND LEGISLATIVE COMMUNICATIONS, AND AUTHORIZE CHAIR TO SIGN — 76 GROUP: Bruce Barker, County Attorney, stated the amendment concerns three (3) aspects of the agreement, which are in Exhibit A: changes to the scope of services, compensation for services, and term extension to September 2, 2025. Commissioner Freeman moved to approve said amendment and authorize the Chair to sign. The motion was seconded by Commissioner James and upon a roll call vote, the motion passed four (4) to one (1), with Commissioner Saine opposed. • 4) CONSIDER AMENDMENT #2 TO SETTLEMENT AGREEMENT FOR BRIDGE 54/13A RECONSTRUCTION PROJECT AND AUTHORIZE CHAIR TO SIGN - DUSTIN AND JAMIE CHRISTENSEN: Mr. Barker shared the location of the settlement agreement for the property owners on the southwest quadrant of Bridge 54/13A, and explained the agreement should have been purchased as right-of-way (ROW) to compensate for material taken and to ensure the property owners do not place any obstructions within the area so it remains free and open for water flow to maintain the County's floodplain requirements with Federal Emergency Management Agency (FEMA). He reiterated the amendment upgrades from a temporary construction easement (TCE) to ROW, and informed the Board the County has already paid $20,000.00, with an additional $114,000.00, remaining for a total purchase of $134,000.00. Commissioner James moved to approve said amendment and authorize the Chair to sign. The motion, which was seconded by Commissioner Buck, carried unanimously. Minutes, Monday, October 7, 2024 Page 2 2024-2643 BC0016 5) CONTRACT ID #8762 INTERGOVERNMENTAL AGREEMENT FOR DENVER REGIONAL COUNCIL OF GOVERNMENTS (DRCOG) COLLABORATIVE TRANSPORTATION PLANNING FOR SOUTHWEST WELD COUNTY SUBREGION FORUM PROJECT PRIORITY PROGRAMMING PROCESS FOR MULTIMODAL PROJECTS AND AUTHORIZE CHAIR TO SIGN: Evan Pinkham, Department of Planning Services, presented the intergovernmental agreement (IGA) which is among all participating communities in southwest Weld County for the Denver Regional Council of Governments (DRCOG) Subregional Forum. He further stated the IGA contains guidelines for participation with the forum and has been signed by each of the various entities, and the Chair's signature would complete the agreement . Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner James and it carried unanimously. El PLANNING: 1) CONSIDER CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - DAVE SANGER, SR.: 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 introduced Nicole Brick, Jordan Cook, and Cynthia Villanueva, Compliance Officers for the Department of Planning Services. She gave an overview of the property location, informed the Board of the court -ordered daily penalties of $25.00, for the violation of a non-commercial junkyard since 2020, and requested to certify in the amount of $3,250.00. Ms. Schiel informed the Board the property owner has contacted the County Attorney's Office with a request for a continuance for due to illness. Commissioner James moved to continue said certification to Wednesday, October 9, 2024, at 9:00 a.m. The motion was seconded by Commissioner Saine. In response to Commissioner Saine, Mr. Cook indicated his understanding is the property owner has been waiting on a social security check, but does not know the timeline, and concurred the property has been in violation since 2020. Chair Ross agreed this has been going on for four (4) years, and willing to continue the matter to Wednesday. There being no further discussion, the motion carried unanimously. El 2) CONSIDER CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - BAUDEL TORTOLEDO HERNANDEZ: Ms. Schiel gave an overview of the property location, informed the Board as to the court -ordered daily penalties of $25.00, for the violation since 2022 of an accessory building without proper permits which do not meet setback requirements, and requested to certify penalties in the amount of $8,300.00. In response to Commissioner James, Mr. Cook confirmed the property owner was in the process of an application through the Board of Adjustments for a lot line adjustment to meet the setback requirements, but staff has had no further communication since that occurred in 2021. Maxwell Nader, Department of Planning Services, indicated he met with the property owner in October 2021, to discuss structure offsets, setbacks, and the lack of a building permit. He confirmed he worked with them through July 2022, but since then there has been no further response. Mr. Nader attempted to reach out two (2) weeks ago for a status update, but again, there was no response. The property owner was not present. Commissioner James moved to approve said certification. The motion was seconded by Commissioner Freeman, and it carried unanimously. --- 3) CONSIDER CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT — ARYAN KIANI: Ms. Schiel gave an overview of the property location, informed the Board as to the court -ordered daily penalties of $25.00, for the violation of a non-commercial junkyard and derelict vehicles since 2022, noted there have been multiple fires at the location, and requested to certify penalties in the amount of $8,125.00. The property owner was not present. In response to Commissioner James, Mr. Cook elaborated the details pertaining to the fires. Commissioner James moved to approve said certification. The motion was seconded by Minutes, Monday, October 7, 2024 Page 3 2024-2643 BC0016 Commissioner Buck. In response to Commissioner Saine, Mr. Cook confirmed the complaint came from a surrounding property owner and clarified Weld County Code does not allow occupying recreational vehicles located in a subdivision without a principle use on the property, thus screening will not achieve compliance. There being no further discussion, the motion carried unanimously. JR 4) CONSIDER CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - ENRIQUE JIMENEZ-GONZALES: Ms. Schiel gave an overview of the property location; however, she stated the property owner did contact her and indicated he would be delayed due to vehicle trouble; therefore, she requested this item be moved to the end of the meeting to allow additional time for him to be in attendance. Chair Ross concurred and moved this item to the end of the meeting. IR 5) CONSIDER CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - DONALD HARRIS AND CHRISTINA ELAM: Ms. Schiel reviewed the property location, informed the Board as to the court -ordered daily penalties of $25.00, for the violation of a non-commercial junkyard and persons occupying recreational vehicles since 2017, and requested to certify penalties in the amount of $6,480.00. Donald Harris and Christina Elam, property owners, were present, indicated they were unaware of the penalties certified against their property, and requested additional time to clean up the property and begin the eviction process for the removal of squatters. They estimated the process would take an additional six to eight (6-8) months. Commissioner Freeman expressed his concerns as the property has been certified nine (9) times since 2017, and further moved to certify. In response to Commissioner Saine, the property owners confirmed they gave the squatters permission to be there for a couple weeks, but now, they will not leave and the property owners indicated they will start the eviction process today. Ms. Brick noted she has not observed progress and still sees campers coming and going. James Collins, a friend of the property owners, confirmed the statements made by Mr. Harris and Ms. Elam regarding recreational vehicles coming in and out of their property all the time, which has created a lot of problems, and further informed the Board of issues concerning people dumping items into the river bottom area. Chair Ross seconded the motion for discussion. Commissioner James acknowledged and indicated he understood the difficult situation, and will agree to a six (6) month continuance, but noted there will be zero (0) leniency if the issues discussed are not resolved. After discussion among the Board, the motion failed three (3) to two (2) with Commissioners Buck, James, and Saine opposed to certification. Commissioner James moved to continue said matter to April 7, 2025 at 9:00 a.m. The motion was seconded by Commissioner Buck, and upon a roll call vote, the motion carried four (4) to one (1), with Commissioner Freeman opposed. 6) CONSIDER CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - CHARLES SIMANSKY: Ms. Schiel reviewed the property location, informed the Board as to the court -ordered daily penalties of $10.00, for the violation of the storage of a derelict mobile home since 2022, and requested to certify penalties in the amount of $3,320.00. She noted the property owner has been in contact, indicating he would not be in attendance for this matter, due to the passing of a family member. Mr. Simansky requested a continuance to allow for the closing date of the property, for which he is in the process of selling. Ms. Brick confirmed the property should be sold to an investment group within the next 60-90 days. In response to Chair Ross, Ms. Brick clarified there is a primary house on the property, but a mobile home was moved in without permits, became derelict, and not is in a livable status. She further stated Mr. Simansky pulled a demolition permit in 2022, which has since expired. Commissioner Buck moved to continue said certification to April 7, 2025, at 9:00 a.m. The motion was seconded by Commissioner Freeman, and it carried unanimously. Minutes, Monday, October 7, 2024 Page 4 2024-2643 BC0016 El 7) CONSIDER CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - ANDRES BENJAMIN HERNANDEZ, JR.: Ms. Schiel reviewed the property location, informed the Board as to the court -ordered daily penalties of $40.00, for the violation of a non-commercial junkyard within the floodplain since 2022, and requested to certify penalties in the amount of $13,280.00. She noted staff has received multiple complaints about the property due to there being so much junk it is spilling over onto the properties of surrounding owners, and indicated Mr. Hernandez is an owner and tenant of the property. Ms. Villanueva has been unable to make contact. and the property owner was not present. In response to Commissioner Saine, Ms. Villanueva confirmed Mr. Hernandez is the owner of the stuff impacting neighboring sites. Commissioner James moved to approve said certification. The motion was seconded by Commissioner Freeman, and it carried unanimously. 4) CONSIDER CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - ENRIQUE JIMENEZ-GONZALES: (Clerk's Note: This item was moved to the end of the meeting to allow Mr. Jimenez -Gonzales to be in attendance.) Ms. Schiel reiterated the property location, informed the Board as to the court -ordered daily penalties of $25.00, for the violation of commercial vehicles within a subdivision and a second mobile home without a permit since 2023, and requested to certify penalties in the amount of $10,650.00. Enrique Jimenez -Gonzales, property owner, was present and explained his circumstances regarding medical and financial struggles. He further indicated the second mobile home is owned by a tenant, Tom Potter, who has made some progress with materials to complete the fencing, and has obtained a permit for one (1) commercial vehicle. Mr. Jimenez -Gonzales stated an inspection for the new double -wide has occurred, still needs to remove old one, and he acknowledged it cannot be used for storage. In response to Chair Ross, Mr. Jimenez -Gonzales requested an additional 30-60 days to complete the removal of the mobile home, but if Mr. Potter doesn't get it done, then he will have to evict him and remove the old modular himself. Commissioner Buck offered 90 days to continue the matter. In response to Commissioner James, Mr. Nader explained the Weld County Code in relation to the existing dwelling and indicated now there can be a secondary dwelling without a zoning permit, but he still needs to comply with the building permit process to ensure there has proper water and septic. Mr. Jimenez -Gonzales reiterated there is no one living in the original mobile home, and will not be, until it is moved and connected to the new home. Commissioner James moved to continue said certification to April 7, 2025 at 9:00 a.m. The motion was seconded by Commissioner Saine. There being no further discussion, the motion carried unanimously. PUBLIC COMMENT: 1) Edwin Grant, Greeley resident, offered his comments to the Board. 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 10:04 a.m. Minutes, Monday, October 7, 2024 Page 5 2024-2643 BC0016 These Minutes were approved on the 21st day of October, 2024, BOARD OF COUNTY COMMISSIONERS ATTEST: dst,tio w , ,e,/ ii Weld County Clerk to the Board B . 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