HomeMy WebLinkAbout20250802.tiffRecord of Proceedings
Minutes
Board of County Commissioners
Weld County, Colorado
Monday, March 24, 2025
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, March 24, 2025, at the hour
of 9:00 a.m.
Ei 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 Perry L. Buck, Chair
Commissioner Scott K. James, Pro-Tem
Commissioner Jason S. Maxey
Commissioner Lynette Peppler
Commissioner Kevin D. Ross
Also present:
Acting Clerk to the Board, Houstan Aragon
County Attorney, Bruce Barker
Chief Financial Officer, Cheryl Pattelli
e Minutes: Commissioner Maxey moved to approve the below listed Minutes of the
Board of County Commissioners meeting, as printed. Commissioner Peppier seconded
the motion and it carried unanimously.
1. Minutes from March 10, 2025
El Amendments to Agenda: There were no amendments to the Agenda.
Consent Agenda: Commissioner Ross moved to approve the Consent Agenda, as
printed. Commissioner James seconded the motion and it carried unanimously.
Warrants:
1. General Warrants: Commissioner James moved to approve the General
Warrants, as printed. Commissioner Maxey seconded the motion and it carried
unanimously.
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2. El Commissioner Warrants — Kevin D. Ross: Commissioner Maxey moved to
approve the Warrant for Commissioner Ross, as printed. Commissioner Peppier
seconded the motion, and upon a roll call vote of four (4) to zero (0), the motion
carried, with Commissioner Ross abstained.
Bids:
1. Approve Bid #62500026, Jail -1 West Sally Port Door Replacement — Facilities
Department: Toby Taylor, Purchasing Department, stated staff recommends
selecting the lowest bidder who met specifications, TCC Corporation, for a total
amount of $49,995.00. Commissioner Maxey moved to approve said bid. The
motion was seconded by Commissioner Ross and it carried unanimously.
New Business — General:
1. Consider Wagner Equipment Company Sales Quotes for Purchases of
Equipment Pursuant to Cooperative Purchasing Contract Terms and
Conditions Between Sourcewell and Caterpillar, Inc., and Authorize
Controller to Sign Any Necessary Documents: Mr. Taylor stated the Department
of Fleet Services desires to purchase new equipment for the benefit of the
Department of Public Works utilizing a cooperative agreement. He explained,
pursuant to Sections 5-4-100 and 5-4-80 of the Weld County Code, the County is
allowed to pursue purchases of this nature. Therefore, staff recommends
purchasing of five (5) 2024 Caterpillar 150JOY BR Motor Graders from 4Rivers
Equipment, LLC, pursuant to the Sourcewell Cooperative Purchasing
Contract #011723 -CAT, for the total amount of $1,967,060.00.
Commissioner James moved to approve said quotes and authorize the Controller
to sign any necessary documents. The motion was seconded by
Commissioner Ross and it carried unanimously.
2. E Consider Contract ID #9240 Proposal of Insurance for Global Aerospace,
Inc., Hull and Liability Insurance for Unmanned Aircraft Systems (Drones),
and Authorize Chair to Sign —Arthur J. Gallagher Risk Management Services,
LLC: Jill Scott, Director of the Department of Human Resources, stated the Board
previously approved the application for hull and liability insurance through Global
Aerospace, Inc., for all 21 unmanned aircraft units owned by Weld County. She
explained the proposal for consideration is for binding coverage, which will go into
effect on March 27, 2025, for the cost of $16,361.00. Commissioner Maxey moved
to approve said proposal and authorize the Chair to sign. The motion was
seconded by Commissioner Ross and it carried unanimously.
3. El Consider Contract ID #9243 Agreement Concerning Use of Southwest
Service Center Pond and Authorize Chair to Sign — Northern Colorado Model
Boat Club, NAMBA District 20: Patrick O'Neill, Director of the Facilities
Department, stated the Northern Colorado Model Boat Club, NAMBA District 20,
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historically has used the pond located at the Southwest Service Center for their
model boat activities during the summer months. He detailed the agreement allows
access to NAMBA on weekends from 7:00 a.m. to 5:00 p.m., beginning April 1,
2025, through November 1, 2025. In response to Commissioner James' concerns
from last year's season, Mr. Oneill assured the Board that staff will be monitoring
closely so there will not be any further property damage to the grounds.
Commissioner James moved to approve said agreement and authorize the Chair
to sign. The motion was seconded by Commissioner Maxey and it carried
unanimously.
4. lE Consider Agreement for Professional Services Concerning Proposal for
Weld County Judicial Center Site Selection Study and Authorize Chair to
Sign — PCL Construction Services, Inc.: Bruce Barker, Weld County Attorney,
recommended approval. Commissioner James moved to approve said agreement
and authorize the Chair to sign. The motion, which was seconded by
Commissioner Ross, carried unanimously.
5. a Consider Acceptance of Deed of Dedication for Purchase of Public Road
Right -of -Way for County Roads 54 and 13 Intersection Roundabout Project
and Authorize Chair to Sign — Loveland Ready -Mix Concrete, Inc.: Clay Kimmi,
Department of Public Works, requested the Board's acceptance of the Deed of
Dedication for purchased right-of-way from Loveland Ready -Mix Concrete, Inc., for
the southeast corner of the County Roads 54 and 13 Intersection Roundabout
Project. Commissioner Ross moved to approve and accept said deed and
authorize the Chair to sign. The motion was seconded by Commissioner Maxey
and it carried unanimously.
6. El Consider Extension to Temporary Closure of County Road 72 Between
County Roads 33 and 35: Kevin Hettinger, Department of Public Works, stated
TLM Constructors requested an extension of approximately one (1) month from
March 27, 2025, through April 25, 2025, to allow additional for North Weld County
Water District and DCP Midstream to relocate utilities. He stated the paved detour
route will remain the same and local traffic will continue to be accommodated.
Commissioner Ross moved to approve said extension to the temporary closure
The motion was seconded by Commissioner James and it carried unanimously.
7. IE Consider Temporary Closure of County Road 27 (aka Denver Avenue)
Between County Roads 6 and 8: Mr. Hettinger requested for the closure to begin
on April 7, 2025, and go through April 23, 2025, for road construction and paving.
He stated the detour route is paved. Commissioner Maxey moved to approve said
temporary closure. The motion was seconded by Commissioner Ross and it
carried unanimously.
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8. lE1 Consider Temporary Closure of County Road 49 Between County
Roads 64 and 66: Mr. Hettinger requested the closure to begin on May 31, 2025,
and go through April 4, 2025, for the replacement of an irrigation culvert. He stated
water will be used, as need, on the gravel portions of the detour route.
Commissioner James moved to approve said temporary closure. The motion was
seconded by Commissioner Peppler, and it carried unanimously..
9. a Consider Declaration of Certain Equipment as Surplus Property,
Approve Sale of Same at Auction with Roller and Associates, and Delegate
Authority to Controller to Sign Any Necessary Documents: Rusty Williams,
Controller, referenced the list of vehicle equipment deemed as end -of -life, marked
Exhibit A in the record, and requested the items be auctioned on April 9, 2025.
Commissioner James moved to approve declaration as surplus property, approve
sale of same at auction, and authorize the Controller to sign any necessary
documents. The motion was seconded by Commissioner Maxey, and it carried
unanimously.
10. le Consider Declaration of Certain Equipment as Surplus Property and
Authorize Disposal: Mr. Williams referenced the list of equipment deemed as
2024 year-end equipment no longer in use, marked Exhibit A in the record, and
requested the items be disposed of. In response to Commissioner Maxey,
Teri McDaniels, Accounting Department, explained the itemized roof item being
declared as equipment rather than a building asset. Commissioner Maxey moved
to approve said declaration as surplus property and authorize disposal. The motion
was seconded by Commissioner Ross and it carried unanimously.
11. IE Consider Declaration of Certain Building Assets as Surplus Property and
Authorize Disposal: Mr. Williams referenced the list of building assets for Weld
County facilities deemed as no longer in use, marked Exhibit A in the record, and
requested the items be disposed of. Commissioner James moved to approve said
declaration as surplus property and authorize disposal. The motion was seconded
by Commissioner Peppler and it carried unanimously.
12. a Consider Appointment to Workforce Development Board:
Commissioner Maxey moved to approve said appointment. The motion was
seconded by Commissioner Ross and it carried unanimously.
13. le Consider Reappointments to Building Trades Advisory Committee:
Commissioner Maxey moved to approve said reappointments. The motion was
seconded by Commissioner James and it carried unanimously.
14. a Consider Dust Blowing Citation Pursuant to C.R.S. §35-72-103 —
McKittrick Hyatt: Matthew Conroy, Assistant County Attorney, explained the
procedures and the three (3) step process for the Board to issue a dust blowing
citation and further explained the findings the Board must make, as listed on the
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resolution, if they decide to issue a citation. He clarified if it is determined that there
is a nuisance to the adjacent neighbors, then the Board must use the guidelines
from Colorado Revised Statute, Section 35-72-103, as a part of the Dust Blowing
Act.
El Liz Schneider, Soil Conservation and Small Acreage Technician with the West
Greeley Conservation District, stated a complaint was filed by Charles Bennett,
adjacent property owner, on March 17, 2025. She reviewed her findings, displayed
vicinity maps, aerial maps, and photos she gathered of the subject property
(Marked as Exhibit A). She recommended the property owner add a liquid manure
application of a minimum of 45 tons per acre, to anchor the topsoil to remedy the
emergent issue of blowing soil and dust onto the surrounding properties, and keep
a living root in the soil, such as grass. In response to Commissioner Ross,
Ms. Schneider clarified viewpoint directions from the images provided and further
explained the soil type present on the properties. In response to
Commissioner Maxey, Ms. Schneider indicated the easement in question is on
McKittrick Hyatt's property.
IR Mr. Bennett introduced himself for the record and clarified the easement in
question is on their property and not the property in violation. He expressed their
concerns regarding the uninhabitable living situation for his family during windy
conditions, explained the trees on their property are all dead due to the situation,
and the provided historical knowledge of the land.
ID Richard "Rick" Cass, property operator, stated he has farmed the land since
2006 and explained he has attempted planting east/west directional narrow strips
for approximately 300 -foot in length and diagonal strips for approximately 200 -foot
in length. He stated, due to the windy conditions in addition to the extreme drought
weather conditions that has been experienced in his area since 2023, the crop
management has been impossible. In response to Commissioner Ross, Mr. Cass
stated the crop rotation consists of wheat and millet, explained there is a current
crop insurance claim in the works for a wheat crop planted in the Fall of 2024 that
couldn't be harvested as a result of the current conditions, and indicated he leaves
as much stubble length as possible.
During discussion Ms. Schneider reiterated her recommendation for mitigating
the blowing soil, Commissioner Maxey expressed his concerns with upwards of
360 truckloads of manure on the loose soil, and requested acknowledgment from
the Department of Public Works to mitigate the risk of the trucks getting stuck.
Mr. Bennett expressed his concerns and frustrations surrounding the idea of crop
insurance being a viable long-term solution, as surrounding property owners are
greatly impacted from the conditions.
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IR Commissioner James thanked everyone for the testimony on the matter and
stated to fulfill the statutory requirement, the Board must determine: 1) That soil is
blowing from the land in sufficient quantity to be injurious to private property;
2) That an emergency exists; 3) That the operation has been in existence for less
than one (1) year; or that the operation was a nuisance at the time it began, there
is negligence, that the operation has been changed, or that the operation has
grown substantially in size; 4) That such blowing can be prevented or materially
lessened by treatment of the soil; and 5) That property damage appears to be
resulting from soil blowing. Commissioner James discussed his opinion that there
is sufficient evidence to support the five (5) findings the Board must make.
Commissioner Ross concurred with the expressed findings and further
acknowledged the need for a long-term plan beyond the immediate concern, and
the need to address the northeast corner of the property. Mr. Barker defined the
Commissioners' jurisdiction of ten (10) days or less pursuant to the Dust Blowing
Act of 1954, and after extensive discussion, Commissioner James moved to order
the property owner, McKittrick Hyatt, to: shall per the recommendations of
Ms. Schneider, apply liquid manure to a 300 -foot -wide strip along the east side of
the Property north of the steel fence post that roughly marks the halfway point, and
a 600 -foot -wide strip along the eastern edge of the property south of the fence
post. Said treatment shall be commenced as soon as practicable, and shall be
completed by April 16, 2025, for there to be time for Ms. Schneider to inspect the
Property on April 21, 2025, at 9:00 a.m., The motion was seconded by
Commissioner Ross and it carried unanimously. (Clerk's Note: Please see Public
Comment from James Bennet for further input regarding this matter.)
Public Comment:
1. Brett Abernathy, Representative, offered his comments to the Board, with response
from the Board and County Attorney.
2. James Bennett, Weld County resident, offered his comments to the Board
(Marked as Exhibit B) with responses from Commissioner James and County
Attorney.
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 10:25 a.m.
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The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Minutes, on motion duly made and seconded, by the following vote on the
7th day of April, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppler: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
2025-0802
BC0016
EXHIBIT
WEST GREELEY
CONSERVAT
'Arr DISTRICT
1
ON
Site Visit Review
Liz Schneider
Conservation small Acreage Technician
i
Blowing Dust Complaint Property of Interest
Account
R0417086
Parcel
048534000009
Space
Account Type
Agncultural
Tax Year
202s
Account Parcel
R0416986 046534000008
Space
Account Type
Acncultural
Tax Year
2025
Buildings
Actual Value Assessed Value
46 9;2 12 490
Type t Code : Description
Land 4127 DRY FARM LAND -AGRICULTURAL
land 4167 WASTE LAND
Totals
Type : Code = DescnpUon
Land 4127 DRY FARM LAND -AGRICULTURAL
Land 4167 WASTE LAND
Totals
Actual Value = Assessed Value
46 196
83
46,279
Acres - Land Suit
11 200 314 000
,) 10 000
12,720 324.000
Fa«efs
Owner. HYATT MCKITTRICK
•
retouch Rv4I 70136 Parcel: 046534000009
kddress:
iubdivnuon:
iection: A Towrlslup: A Range: aIW
PaRtgy SM Data avf`r 54.46
Displaying 1 • 1 (Total i±
41 4 Page 1 of 1 ► 1
• ..
13,677,840
435 600
14,113,440
= Actual Value = Assessed Value
46 93'
41
46.912
Acres = land Stilt
12 390 319 000
1 D 5 J00
12,400 324.000
648 Total Acres
13.895 640
217 800
14,113,440
i
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ecommendati®ns to Lan owner
- Cover all bare soil on property with manure — this will help hold soil in place and reduce the risk of blowing dust
concerns
- Suggested application rate of manure is at least 45 tons per acre
- Establishing a living root is going to be critical to hold soil in place, manure applications are a short-term solution to
hold soil in place, grasses (native & introduced) are great at holding soil in place and reducing erosion
- Keep cover on this property year around, examples include and not limited to grass, cover crops or
commodity crop(s)
- Stnps could be made smaller to further reduce erosion on farmed property(instead of 300 ft wide try 150
ft wide)
8
thank you
LIZ SCHNEIDER
970-230-7022
liz.schneider@wgcd.org
www.wgcd.org
From: James C. Bennett oennettcompanies@hotm�o roil"
Subject: Fwd: Weld Co Commissioner statement -James C. Bennett
Date. Mar 23, 2025 at 7:47:20 PM
To: James Bennett beritiettcompanies@hotmailacom
Weld County Commissioners of Colorado & All Whom it May Concern,
I appreciate the opportunity to speak with you today regarding a matter
that has had a significant negative impact an our properties and agricultural
operations, located at:
46040 CR 100, Briggsdale CO 80611.
For over a decade, the neighboring adjoining property, approximately
640 acres, has been managed using what is statutorily acknowledged as
substandard land stewardship practices, and poor husbandry. The field
mentioned, a full section, is routinely left with minimal or no ground cover,
resulting in extreme soil erosion. Over time, this has led to the complete
lass of topsoil on that parcel, creating what is likely the largest "blowout" in
Weld County, leaving the property unable to produce a viable crap, and
resting an average of 10'-40' lower than some adjoining properties, just
across the fence line. We have addressed this issue with the farmer / land
manager an many occasions throughout the years, with no action or
solution, which is what brings me here today.
Unfortunately, this damage has not remained confined to that single
property. The degradation has spilled over onto several adjacent properties,
with serious consequences.
Specifically:
*Approximately 40 acres of usable pastureland have been severely
impacted by drifting blow -sand, making it impossible to sustain cover
necessary for livestock grazing and land preservation, or any new seed
germination to regain a crap. Also, our attempts to plant approximately 500
trees have failed due to this issue. Please note that this area of High Plains
Desert, resting between the two confines of the Pawnee National
Grasslands, with its fragile ecosystem and low annual rainfall is very
susceptible to degradation without proper management, and barely
suitable, if at all,,, for conventional farming practices to begin with, no less
poor land management.
*Our livestock operation has suffered due to the loss of feed and usable
ground.
*Over one-half mile of field fencing has been destroyed by accumulated
sand and soil movement, and 1000's of cubic yards of blows -sand now
cover our roads and properties, on what once was managed grazing land.
*We have been unable to fully utilize portions of our acreage due to
continued erosion and lack of ground stabilization on the neighboring
property, and the blowing free silica sand has created health concerns to
our family members, guests, and employees, as well as deterioration of
other personal property and machinery.
*A very large EPA concern with Weld County's gas & oil sector also looms,
with a live natural gas pipeline running North/South, approximately 30'
West of the Section line, the distance of the neighboring section, that no
longer has the minimum bury depth required by the State of Colorado to
remain safe from deterioration, and suitable for compliance.
We have always made it a priority to use responsible and sustainable land
management practices on all of our own properties. It is deeply concerning
to see that the actions —or inactions —on nearby land are causing long-term
harm not only to our livelihood, business, and property values, but also to
the surrounding environment and sustainability of this land region.
We are respectfully asking for the County's immediate assistance in
mandating a solution that promote responsible land use and prevent further
damage to our properties, neighboring properties, and reduces liability for
other stakeholders, such as Colorado oil and gas infrastructure.
Thank you for your time, and attention to this matter.
4a/teet6fiAS
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