HomeMy WebLinkAbout20250548.tiffRecord of Proceedings
Minutes
Board of County Commissioners
Weld County, Colorado
Wednesday, February 26, 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, February 26, 2025, 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 Perry L. Buck, Chair
Commissioner Scott K. James, Pro-Tem
Commissioner Jason S. Maxey
Commissioner Lynette Peppier
Commissioner Kevin D. Ross
Also present:
Acting Clerk to the Board, Houstan Aragon
County Attorney, Bruce Barker
Chief Financial Officer, Cheryl Pattelli
Minutes: Commissioner Ross moved to approve the below listed Minutes of the
Board of County Commissioners meeting, as printed. Commissioner James seconded
the motion and it carried unanimously.
1. Minutes from February 12, 2025
Certification of Hearings: Commissioner Ross moved to approve the below listed
Hearing Certificate. Commissioner Maxey seconded the motion, which carried
unanimously.
1. PCSC23-0011 — R M Hiner Construction Co, Inc.
El Amendments to Agenda: Chair Buck used Chair Prerogative to move the
Proclamation to the end of the meeting to allow additional time for the team to arrive.
El Approval of Consent Agenda: There being no request for public testimony
concerning the below listed item, which was listed under 'Consent Agenda —
Miscellaneous', Commissioner James moved to approve the Consent Agenda, as printed.
Commissioner Ross seconded the motion and it carried unanimously.
3)1`I
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1. Partial Vacation, VAC24-0028, of Two -Lot Recorded Exemption, RECX20-0063,
for Removal of Lot B — Justus and Debra Pettit
(Clerk's Note: During Public Comment item #2, a surrounding property owner requested
to speak concerning this matter. See below for summary of the discussion.)
El Warrants:
1. General Warrants — February 25, 2025: Commissioner Maxey moved to approve
the General Warrants, as printed. Commissioner Peppler seconded the motion and
it carried unanimously.
Bids:
1. Present Bid #B2500015, Jail 2 West Uninterrupted Power Supply (UPS)
Upgrade — Facilities Department: Toby Taylor, Purchasing Department, stated
one (1) bid was received and staff will make a recommendation on March 12, 2025.
New Business — General:
1. Consider Application for Juvenile Diversion Program Funds and Authorize
19th Judicial District Attorney's Office to Submit Electronically:
Michael Rourke, 19th Judicial District Attorney, provided a brief overview of the
Juvenile Diversion Program, requested to submit the application to receive
non-competitive allocated funds, in the amount of $168,300.00, to offer first-time
low-level offenders in the juvenile system diversion out of the criminal justice
system. He indicated the program saves taxpayer dollars by providing youth with
valuable tools and guidance to be model citizens as they navigate out of the
criminal justice system. DA Rourke shared 125-130 juveniles annually have been
diverted, with a 97% success rate over the past two (2) decades.
Commissioner James praised the phenomenal efforts of staff who support these
youth, and further moved to approve said application and authorize the 19th
Judicial District Attorney's Office to submit electronically. The motion was
seconded by Commissioner Peppier. Chair Buck stated the success of the Weld
County Juvenile Diversion Program in comparison to the rest of the State spoke
volumes while she was in the legislature. There being no further discussion, the
motion carried unanimously.
2. Consider Contract ID #9128 Application for 2025 Click It or Ticket Grant
Funds and Authorize Chair to Sign: Captain Sam Kaneta, Sheriff's Office,
requested to submit the application for the 2025 Click It or Ticket Grant funds, in
the amount of $8,505.00. Commissioner Maxey moved to approve said application
and authorize the Chair to sign. The motion was seconded by
Commissioner Peppler and it carried unanimously.
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3. El Consider Contract ID #9071 Advertisement Agreement Concerning
Recruitment for AmeriCorps - Weld County Youth Conservation Corps and
Authorize Chair to Sign — City of Greeley: Lennie Bottorff, Department of Human
Services, stated the non -financial agreement allows for the Weld County Youth
Conservation Corps to place advertisement banners for recruitment efforts at
various locations throughout the Greeley area. Commissioner Maxey moved to
approve said agreement and authorize the Chair to sign. The motion was
seconded by Commissioner Ross and it carried unanimously.
4. eConsider Contract ID #9106 Agreement for Foster Care Respite Services
and Authorize Chair to Sign — Ryan and Lidia Neuenberger: Mr. Bottorff stated
the agreement is for a new foster care respite home, with a term of March 23, 2025,
through June 30, 2027. Commissioner Ross moved to approve said agreement
and authorize the Chair to sign. The motion, which was seconded by
Commissioner James, carried unanimously.
5. E Consider Contract ID #9108 Agreement for Foster Care Respite Services
and Authorize Chair to Sign — Jarol Lagos and Maria Rivera: Mr. Bottorff stated
the agreement is for a new foster care respite home, with a term of March 15, 2025,
through June 30, 2027. Commissioner James moved to approve said agreement
and authorize the Chair to sign. The motion, which was seconded by
Commissioner Ross, carried unanimously.
6. E Consider Contract ID #9117 Amendment #3 to Intergovernmental
Agreement for Case Management Agency (CMA) Services and Authorize
Chair to Sign: Mr. Bottorff stated the amendment updates the general contract
provisions and the statement of work for the addition of new interim support level
assessment requirements for the Case Management Agency (CMA) Program from
April 1, 2025, through June 30, 2025. Commissioner James moved to approve said
amendment and authorize the Chair to sign. The motion was seconded by
Commissioner Maxey and it carried unanimously.
7. E Consider Rescheduled Temporary Closure of County Road 78 Between
County Roads 29 and 31: Amy Mutchie, Department of Public Works, stated
inclement weather caused unanticipated delays for the replacement of an irrigation
culvert on County Road (CR) 78 between CRs 29 and 31. She indicated staff now
requests the closure to be rescheduled from February 18-21, 2025, to March 3,
2025, through March 7, 2025. Commissioner Ross moved to approve said
rescheduled temporary closure. The motion was seconded by
Commissioner Peppler and it carried unanimously.
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El New Business — Planning:
1. Consider Release of Collateral and Accept Replacement Collateral for Use
by Special Review Permit, USR21-0023 — Overland Solar, LLC: Diana Aungst,
Department of Planning Services, stated the applicant has had a change in their
bonding company; therefore, they are requesting the Board release the currently
held collateral, and accept the replacement collateral, in the amount of
$300,000.00, held in the form of an Irrevocable Letter of Credit, issued by Wells
Fargo Bank, N.A. Commissioner Ross moved to approve release of the current
collateral, and acceptance of said replacement collateral. The motion was
seconded by Commissioner James and it carried unanimously.
2. El Consider Release of Collateral and Accept Replacement Collateral for
Zoning Permit for Solar Energy Facility, ZPSF21-0002, Less Than Five (5)
Acres (5 Acre SEF) - SunShare, LLC: Ms. Aungst stated the applicant has had
a change in their bonding company; therefore, they are requesting the Board
release the currently held collateral, and accept the replacement collateral, in the
amount of $13,800.00, held in the form of a Surety Bond, issued by Arch Insurance
Company. Commissioner James moved to approve release of the current
collateral, and acceptance of said replacement collateral. The motion was
seconded by Commissioner Ross and it carried unanimously.
3. ii Consider Release of Collateral and Accept Replacement Collateral for
Zoning Permit for Solar Energy Facility, ZPSF21-0003, Less Than Five (5)
Acres (5 Acre SEF) - SunShare, LLC: Ms. Aungst stated the applicant has had
a change in their bonding company; therefore, they are requesting the Board
release the currently held collateral, and accept the replacement collateral, in the
amount of $13,800.00, held in the form of a Surety Bond, issued by Arch Insurance
Company. Commissioner Ross moved to approve release of the current collateral,
and acceptance of said replacement collateral. The motion was seconded by
Commissioner Peppler and it carried unanimously.
4. 1E1 Consider Local Government Land Use Applications Timeline Extension
Agreement for Use by Special Review Permit, USR24-0029, for Major
Facilities of Public Utility 1041 Permit, Outside of Subdivisions and Historic
Townsites in the A (Agricultural) Zone District, and Authorize Chair to Sign —
Tri-State Generation and Transmission Association, Inc.: Ms. Aungst stated
the applicant has requested an extension to the stipulated timeline for the Use by
Special Review (USR) permitting process, pursuant to Sections 21-2-260
and 21-3-320 of the Weld County Code. She elaborated neither the applicant, nor
staff, are able to effectively meet the impractical timelines identified; therefore, she
stated staff request the County waive the timelines established in the Code.
Isabella Beshouri, Applicant Representative, was present but had no additional
statements. In response to Commissioner James, Bruce Barker, County Attorney,
indicated the applicant is waiving the time requirement with what is written in state
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statute and staff is extending the timeline to accomplish the necessary reviews.
Commissioner James moved to approve said agreement and authorize the Chair
to sign. The motion was seconded by Commissioner Ross and it carried
unanimously.
5. Consider Vacation, VAC25-0003, of Use by Special Review Permit,
USR18-0044 — Tricycle Lane Texas, LLC, c/o Scott Burns: Ms. Aungst provided
a brief history of the property, and indicated on April 18, 2022, the Board approved
a one (1) year extension to October 3, 2023, to allow further time for the applicant
to commence operations. She explained the applicant has failed to commence
operations; therefore, staff requested to vacate the USR, pursuant to
Section 23-2-290 of the Weld County Code. Commissioner James moved to
approve said vacation. The motion was seconded by Commissioner Ross, and it
carried unanimously.
6. le Consider Vacation, VAC25-0002, of Use by Special Review Permit,
USR11-0019 — Kenneth Everitt: Lindsey Oliver, Department of Planning Services,
stated staff received a request from the applicant to vacate USR11-0019 on
January 27, 2025. She provided background of the land use and stated staff
recommends approval. Commissioner Maxey moved to approve said vacation.
The motion was seconded by Commissioner Peppler and it carried unanimously.
Presentations and Proclamations:
1. Windsor Wizards Day, Class 4A All -Girl Cheer State Championship —
February 26, 2025: At the request of Chair Buck, Commissioner Maxey read the
certificate for the record. Liz Kampschroder and Sam Murray, Varsity Coaches,
thanked the Board for their recognition of the team's dedication. Upon request of
the Board, the team introduced themselves for the record and performed a cheer.
Each Commissioner, in turn, extended their congratulations to the team for their
excellence as part of 'Team Weld', and expressed their pride for their first
championship. (Clerk's Note: The group gathered for a photo opportunity.)
Public Comment:
1. Edwin Grant, City of Greeley resident, offered his comments to the Board.
2. John Grashorn, Pierce resident, requested to speak regarding the Partial
Vacation, VAC24-0028, of Two -Lot Recorded Exemption, RECX20-0063, for
Removal of Lot B — Justus and Debra Pettit. Mr. Barker explained, per Weld County
Code, notice of the item to be considered is sent to landowners of lots within the
Recorded Exemption, and upon legal advisement, Chair Buck opened the
following item to receive public testimony.
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Mr. Grashorn stated his concerns regarding access to this property. In response to
Commissioner James, Mr. Barker explained the request is seeking further review
by staff to determine if the vacation affects the easement as described by Mr.
Grashorn. Mr. Barker explained motions passed by the Board may be reconsidered
at the next regularly scheduled meeting, at which time the Board may reconsider
approval of the vacation as listed on the Consent Agenda. Commissioner James
moved to rescind approval of said vacation via the Consent Agenda to allow for
the matter to be relisted on Monday, March 3, 2025, at 9:00 a.m. The motion was
seconded by Commissioner Ross. In response to Commissioner Maxey,
Mr. Grashorn indicated the location of his property. There being no further
testimony, the motion carried unanimously. (Clerk's Note: See Minutes of March 3,
2025, for determination on this matter.)
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 9:49 a.m.
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
12th day of March, 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
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