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HomeMy WebLinkAbout20250901.tiffRecord of Proceedings Minutes Board of County Commissioners Weld County, Colorado Wednesday, April 2, 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, April 2, 2025, 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 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 IE Minutes: Commissioner Maxey moved to approve the below listed Minutes of the Board of County Commissioners meeting, as printed. Commissioner Ross seconded the motion and it carried unanimously. 1. Minutes from March 19, 2025 El Certification of Hearings: Commissioner Ross moved to approve the below listed Hearing Certificate. Commissioner Peppier seconded the motion, which carried unanimously. 1. USR24-0025 — Cervi Enterprises, Inc., c/o Kerr-McGee Oil and Gas Onshore, LP IE Amendments to Agenda: Commissioner James moved to remove Item # 6 from the Consent Agenda under 'Resolutions and Ordinances', and place under 'New Business - General' as item #6 for reconsideration as a Corrected Resolution. Seconded by Commissioner Peppler, the motion carried unanimously. Commissioner James moved to approved said agenda, as amended. The motion was seconded by Commissioner Maxey and it carried unanimously. 2025-0901 BC0016 Page 2 Wednesday, April 2, 2025 www.weld.gov 1. 2025-0892: Establishing Commissioner Redistricting Commission Pursuant to C.R.S. §30-10 306.1 and Redistricting Process Deadlines Pursuant to C.R.S. §30-10-306.4 e Consent Agenda: Commissioner James moved to approve the Consent Agenda, as printed. Commissioner Ross seconded the motion and it carried unanimously. Presentations and Proclamations: 1. IE Recognition of Services, Facilities Department — Ignacio Aguilar: Chair Buck read the certificate for the record. Patrick O'Neill, Director of the Facilities Department, stated Ignacio 'Nacho' Aguilar was not able to be present today, but recognized him as a true 'grassroots' employee, who began in 1997, as a custodian, then quickly moved up the ranks to Grounds Supervisor, and most recently transitioned into Security for the County. He extended appreciation to Mr. Aguilar's family for their sacrifice when he was working nights and weekends, and thanked Nacho for his dedication. The Board extended their congratulations, wished him the best with his future endeavors, and expressed appreciation for his years of dedication to the employees and citizens of Weld County. 2. a National Crime Victims' Rights Week — April 6-12, 2025: Commissioner Maxey read the certificate for the record. Michael Rourke, 19th Judicial District Attorney, expressed his gratitude for the recognition by the Board, stated it has been an honor highlighting those who serve the victims' advocate community, and further noted that Weld County is fortunate to have access to amazing partner organizations serving victims. Mr. Rourke shared victims face navigating the criminal justice system when they are often at their lowest point in life, emphasizing the importance of victim advocates. Mr. Rourke recognized the following representatives who were present: City of Greeley Police Department Law Enforcement Victim Services, Weld County 19th Judicial District Administrative and Attorney's Office, Lutheran Family Services, Town of Frederick Police Department Law Enforcement Victims Assistance, Catholic Charities, Weld County Department of Human Services, A Woman's Place, and Lifestories Child and Family Advocacy Center. The Commissioners, in turn, thanked Mr. Rourke for his efforts for restorative justice in the community and expressed their pride in the longstanding services provided by Weld County agencies that advocate on behalf of victims. (Clerk's Note: The group gathered for a photo opportunity.) 3. a Week of the Young Child — April 5-11, 2025: Commissioner Peppier read the certificate for the record. Adriana Carrillo, Early Childhood Council representative, read a statement for the record highlighting the importance of quality childcare and elaborated the work being done to meet the needs of young children and their families in Weld County. Melanie Wollman, Executive Director of United Way of Weld County, thanked the Board for their support and recognition, shared her experiences of the need for quality childcare, and introduced her staff 2025-0901 BC0016 Page 3 Wednesday, April 2, 2025 www.weld.gov who were present for the record. The Board extended their gratitude for the collective efforts of community partners to wraparound the whole family unit in Weld County, working towards literacy in children and encouraging their excitement for learning throughout their lives. (Clerk's Note: The group gathered for a photo opportunity.) 4. a Child Abuse Prevention Month — April 2025: Commissioner Peppler read the proclamation for the record. Julie Witkowski, Department of Human Services, gave her appreciation to the Board for their continued support and stated, annually since 1983, April is designated nationally to highlight the need for communities to come together to support child abuse prevention. Ms. Witkowski stated she is thankful for the strong and enduring collaboration efforts with the goal of strengthening our community and keeping children safe, indicated the department has served 240 families in the past year, and she shared "The Lighthouse," is the family navigation and support team based on five (5) national initiatives. Ms. Witkowski further recognized staff who were present for the record. In turn, each Commissioner gave their sentiments and expressed their gratitude for the calling of individuals who advocate for the children of Weld County. (Clerk's Note: The group gathered for a photo opportunity.) 5. El Fair Housing Month — April 2025: Commissioner James read the proclamation for the record. Cynthia Martin, CDBG Analyst, commented the Federal and State Housing and Urban Development (HUD) programs have been working, since 1968, to inform people of their rights to obtain fair housing, and thanked the Board for the opportunity to be recognized. She further stated, the state of Colorado has additional Fair Housing laws that the Community Development Block Grant (CDBG) Program in Weld County must comply with. In turn, each Commissioner commended Ms. Relford and Ms. Martin for their efforts in providing fair housing to the citizens of Weld County. (Clerk's Note: The group gathered for a photo opportunity.) (Clerk's Note: Ignacio "Nacho" Aguilar arrived and the group gathered for a photo opportunity.) Warrants: 1. IE9 General Warrants: Commissioner Ross moved to approve the General Warrants, as printed. Commissioner James seconded the motion, and upon a roll call vote of four (4) to zero (0), the motion carried with Commissioner Peppler abstained. 2025-0901 BC0016 Page 4 Wednesday, April 2, 2025 www.weId.gov Bids: 1. IE Present Bid #62500037, Grover and Kersey Grader Shed Backup Generator Replacements — Facilities Department: Toby Taylor, Purchasing Department, stated two (2) bids were received and staff will make a recommendation on April 21, 2025. New Business — General: 1. Consider Contract ID #9230 Amendment #3 to Grant Contract for Children, Youth, and Family Behavioral Health Services and Authorize Chair to Sign: Lennie Bottorff, Department of Human Services, stated the amendment extends the term to June 30, 2026, and explained the amendment does not provide additional funding but does clarify how the carryover funding will be utilized. Commissioner Maxey moved to approve said amendment and authorize the Chair to sign. The motion was seconded by Commissioner Peppler and it carried unanimously. 2. Consider Contract ID #9233 Intergovernmental Agreement Concerning Case Management and Labor Exchange System, also known as Connecting Colorado, and Authorize Chair to Sign: Mr. Bottorff stated the agreement allows for cost sharing associated with ongoing maintenance and support of the Case Management and Labor Exchange System (aka "Connecting Colorado") for the benefit of the Weld County Workforce Center. Commissioner James moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Maxey and it carried unanimously. 3. a Consider Contract ID #9256 Individual Provider Contract for Purchase of Foster Care Services in a Foster Care Home and Authorize Chair to Sign — Paul and Brenda Alonzo: Mr. Bottorff stated the contract is for a new certified kinship foster care home located in Greeley, Colorado, commencing April 1, 2025, through May 31, 2026. Commissioner Peppler moved to approve said contract and authorize the Chair to sign. The motion, which was seconded by Commissioner Ross, carried unanimously. 4. a Consider Contract ID #9262 Professional Services Agreement for Vette Fest at 2025 Weld County Fair and Authorize Chair to Sign — Corvettes West Car Club Chapter: Mikaela Gabel, CSU Extension Service of Weld County, stated the Weld County Fair Board recommends the Vette Fest car show at the 2025 Weld County Fair, hosted by the Corvettes West Car Club Chapter. Commissioner Ross moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Maxey and it carried unanimously. 2025-0901 BC0016 Page 5 Wednesday, April 2, 2025 www.weld.gov 5. Fi Consider Contract ID #9268 Intergovernmental Agreement for Gravel Road Maintenance and Snow Removal, and Authorize Chair to Sign — Town of Timnath: Duane Naibauer, Deputy Director of the Department of Public Works, stated the Town of Timnath does not have equipment required for gravel road maintenance and snow removal of the 0.5 mile section of County Road (CR) 15 within their jurisdiction. He indicated the agreement allows for the Town to reimburse the County, at the rate of $76.27 per hour, to cover the costs of labor and equipment provided. Commissioner Ross extended his appreciation for staff's efforts and further moved to approve said agreement, and authorize the Chair to sign. The motion was seconded by Commissioner Peppier and it carried unanimously. 6. Consider Corrected Resolution Establishing Commissioner Redistricting Commission Pursuant to C.R.S. §30-10-306.1 and Redistricting Process Deadlines Pursuant to C.R.S. §30-10-306.4: Matthew Conroy, Assistant County Attorney, stated the Board previously approved said resolution to establish the Commissioner Redistricting Commission on Monday, March 31, 2025. He further stated, subsequent to said approval, the deadline to appoint members of said Commission was incorrect and he requested reconsideration with corrected dates. Commissioner James moved to approve said corrected Resolution. The motion was seconded by Commissioner Maxey and it carried unanimously. New Business — Ordinances: 1. a Second Reading of Code Ordinance #2025-03, In the Matter of Repealing and Reenacting, with Amendments, Chapter 2 Administration and Chapter 5 Revenue and Finance of the Weld County Code (Miscellaneous Finance Policy Changes): Commissioner Ross moved to read Code Ordinance #2025-03 by title only. The motion was seconded by Commissioner James and it carried unanimously. Bruce Barker, County Attorney, read the title for the record. Cheryl Pattelli, Chief Financial Officer, indicated there have been no additional changes since First Reading, and stated staff recommends approval. There was no public testimony concerning the matter. Commissioner Ross moved to approve Code Ordinance #2025-03 on Second Reading. The motion was seconded by Commissioner Maxey and it carried unanimously. 2. 1E1 Second Reading of Code Ordinance #2025-04, In the Matter of Repealing and Reenacting, with Amendments, Chapter 8 Public Works and Chapter 11 Franchises of the Weld County Code (Collateral Records and Franchises): Commissioner Ross moved to read Code Ordinance #2025-04 by title only. The motion was seconded by Commissioner James and it carried unanimously. Mr. Barker read the title for the record, indicated there have been no additional changes since First Reading, and stated staff recommends approval. There was no public testimony concerning the matter. Commissioner Maxey moved to 2025-0901 BC0016 Page 6 Wednesday, April 2, 2025 www.weld.gov approve Code Ordinance #2025-04 on Second Reading. The motion was seconded by Commissioner Ross and it carried unanimously. e New Business — Planning: 1. Consider Request to Extend Time to Record Map for Use by Special Review Permit, USR24-0012, for a 1041 Major Facility of a Public Utility, including an 80 megawatt AC Solar Energy Facility (SEF) on 700 acres, a 20 megawatt AC BESS (Battery Energy Storage System), a step-up substation, transformer and maintenance facilities, and a 115kV electrical line connection to the existing Sand Creek Switching Station outside of subdivisions and historic townsites in the A (Agricultural) Zone District — Janus Solar, LLC: Diana Aungst, Department of Planning Services, stated staff received a request for an extension of the recording of the map for Use by Special Review Permit, USR24-0012, to February 20, 2027, from Francesco Paolo Cardi, on behalf of the applicant Janus Solar, LLC. She indicated an extension will allow for additional time for detailed engineering as required by several 1041 Conditions of Approval (COA). She recalled USR24-0012 was approved in October 2024, cited Section 23-2-200.H of the Weld County Code which allows for an extension if a USR map, and noted the applicant has expressed the project is not abandoned and has demonstrated their willingness to record complete the conditions and record the map. Ms. Aungst indicated staff supports the request and recommends approval. Jeremy Call and Mary Geisinger, legal representatives for Janus Solar, LLC, explained the unique circumstances surrounding the project, as it will not require connectivity to the power grid until 2029, and stated the two (2) -year extension allows for completion of detailed plans for engineering, drainage, and traffic studies, as part of the Conditions of Approval (COA) for USR24-0012. Commissioner James moved to approve said request for extension. The motion was seconded by Commissioner Ross. Commissioner Maxey expressed his concern for the delay in grid connectivity. There being no further discussion, the motion carried unanimously. 2. El Consider Certification to Weld County Treasurer of County Compliance Violation Penalties as Special Assessment — Jesus Vega (Continued from 10/2/2024): Adria Schiel, Assistant County Attorney, stated Jesus Vega owns a property with a court -ordered daily penalty, in the amount of $50.00, that began on September 2, 2022, for zoning violations which include commercial trucking and storage operations without the appropriate land use permit on property in the I-1 (Industrial) Zone District. Nicole Brick, Code Compliance Officer for the Department of Planning Services, displayed recent images of the site conditions of said property. Maxwell Nader, Department of Planning Services, confirmed Mr. Vega has been working with staff and he updated the status of the property needing to go through the Resubdivision process followed by a Site Plan Review (SPR). Based on the progress made, Ms. Schiel stated staff recommends a six (6) month continuation to allow further time for the property owner to become 2025-0901 BC0016 Page 7 Wednesday, April 2, 2025 www.weId.gov compliant with the Weld County Code. Jesus Vega, property owner, was not present. Commissioner Ross moved to continue said certification to October 1, 2025, at 9:00 a.m. The motion was seconded by Commissioner Peppler and it carried unanimously. 3. ID Consider Certification to Weld County Treasurer of County Compliance Violation Penalties as Special Assessment — Frank and Yrene Martinez (Continued from 10/2/2024): Ms. Schiel stated Frank and Yrene Martinez own a property that the court has ordered a daily penalty, in the amount of $50.00, that began on began on August 14, 2023, for zoning violations which include accessory uses without a principal use, a noncommercial junkyard, structures without a permit, and an occupied camper/RV. Cynthia Villanueva, Code Compliance Officer for the Department of Planning Services, displayed recent images of the site conditions of said property. Ms. Schiel stated staff recommends the Board dismiss the certification as a special assessment in the amount of $25,650.00, for the period of October 9, 2023, up to and including March 4, 2025, as the property owners have brought the property into substantial compliance with the Weld County Code. Kathy Martinez, daughter of Frank and Yrene Martinez, property owners, stated she came up from Arizona to assist her parents with the violations on their property and thanked the Board and staff for their patience while they worked through the process to become compliant. Commissioner James thanked the Martinez family for their diligence and further moved to dismiss said certification, and declared said penalties are no longer due or owing. The motion was seconded by Commissioner Ross and it carried unanimously. e Public Comment: 1. Steve Herrera and Matt Weeks, C -Pace Consultants Representing Aja Doua, Weld County resident, offered their comments to the Board, with responses from Commissioners Ross and James. 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 10:15 a.m. 2025-0901 BC0016 Page 8 Wednesday, April 2, 2025 www.weld.gov 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 21st day of April, A.D., 2025: Perry L. Buck, Chair: Aye Scott K. James, Pro-Tem: Aye Jason S. Maxey: Aye Lynette Peppier: Aye Kevin D. Ross: Aye Attest: Esther E. Gesick, Clerk to the Board 2025-0901 BC0016 ATTENDANCE LIST gizin NAME - PLEASE PRINT LEGIBLY ADDRESS (CITY, STATE ZIP) EMAIL COUNTY OF RESIDENCE SPEAKING (Y/N)1 Mur,y (sot ,iAft Z(3 Lltitvo, 5 T. 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