HomeMy WebLinkAbout20251061.tiffRecord of Proceedings
Minutes
Board of County Commissioners
Weld County, Colorado
Monday, April 21, 2025
The Board of County Commissioners of Weld County, Colorado, met in regular session
'n 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 21, 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:
1. la-, Minutes from April 2, 2025: Commissioner Maxey moved to approve said
meeting Minutes, as printed. Commissioner Peppier seconded the motion and it
carried unanimously.
2. le Minutes from April 7, 2025: Commissioner Maxey moved to approve said
meeting Minutes, as printed. Commissioner Peppier seconded the motion and it
carried unanimously.
�`�---' Certification of Hearings: Commissioner Ross moved to approve the below listed
Hearing Certificates. Commissioner James seconded the motion, which carried
unanimously.
1. PCSC23-0011 — R M Hiner Construction Co, Inc.
2. USR24-0002 — Janice and Donald Carson, c/o SunShare, LLC,
dba Goldfinch Solar, LLC
5.14
2025-1061
BC0016
Page 2
Monday, April 21, 2025
www.weId.gov
3. New Retail Liquor Store (County) License — Crow Valley Liquor, Inc., dba Crow
Valley Liquors
Amendments to Agenda: There were no amendments to the agenda.
l! Consent Agenda: Commissioner Maxey moved to approve the Consent Agenda, as
printed. Commissioner Ross seconded the motion and it carried unanimously.
Warrants:
Mi General Warrants: Commissioner James moved to approve the General
Warrants, as printed. Commissioner Ross seconded, and upon a roll call vote of
four (4) to zero (0), the motion carried with Commissioner Peppier abstained.
Bids:
1 IE{ Approve Bid #B2500037, Grover and Kersey Grader Shed Backup
Generator Replacements — Facilities Department: Toby Taylor, Purchasing
Department, stated staff recommends selecting the lowest bidder who met
specifications, South Paw Electric Corporation, for a total amount of $133,797.70.
Commissioner Ross moved to approve said bid. The motion was seconded by
Commissioner James and it carried unanimously.
2. :O Reject Bid #B2500049, Infoblox Maintenance and Support — Department,_
of Information Technology: Mr. Taylor stated staff recommends rejecting said bid
and all vendors will be notified to rebid at a later time. Commissioner James moved
to reject said bid, per staff's recommendation. The motion was seconded by
Commissioner Peppier and it carried unanimously.
3. 4,M; Present Bid #B2500052, Cisco Maintenance and Support — Department
of Information Technology: Mr. Taylor stated one (1) bid was received and staff
will make a recommendation on May 5, 2025. In response to Commissioner Maxey,
Mr. Taylor confirmed the bid was properly advertised and it is proper to proceed
with staff's review, even when there is just one (1) vendor response.
New Business — General:
1. 12ii Consider Contract ID #9356 Scope of Work Proposal for Purchase and
Installation of Audio and Visual Equipment for Administration Building
Assembly Room Upgrades Pursuant to the Interlocal Purchasing System
(TIPS) Cooperative Agreement Terms and Conditions, and Authorize Chair to
Sign — Conference Technologies, Inc. (CTI): Mr. Taylor stated the Department
of Information Technology desires to utilize The Interlocal Purchasing System
(TIPS) Cooperative Agreement #230901 with Conference Technologies, Inc. (CTI)
for the purchase and installation of audio and visual equipment, for the total
2025-1061
BC0016
Page 3
Monday, April 21, 2025
www.weld.gov
amount of $197,160.08, to allow for upgrades to the assembly room in the
Administration Building. He indicated, pursuant to Sections 5-4-80 and 5-4-100 of
the Weld County Code, the Board is authorized to accept cooperative bids and
products may be purchased directly from those sources. Commissioner Ross
moved to approve said scope of work proposal and authorize the Chair to sign.
The motion was seconded by Commissioner Maxey and it carried unanimously.
2. NI Consider Contract ID #9364 Confidentiality Agreement for Access to
Artificial Intelligence (Al) Impact Proprietary Software Application for Grant
Generation Pilot Program and Authorize Chair to Sign — Ernst and Young,
LLP: Ryan Rose, Director of the Department of Information Technology, stated a
work session was held on March 27, 2025, with direction to staff to move forward
with proprietary software for an artificial intelligence (Al) application known as
Impact. He explained the agreement is required prior to proceeding with the
implementation of software that will allow Ernst and Young, LLP, to identify grants
the county qualifies for, load the data into a secured tenant database, and use that
data to generate a narrative at no cost to the County. Commissioner Maxey moved
to approve said agreement and authorize the Chair to sign. The motion was
seconded by Commissioner Peppler and it carried unanimously.
3. :al Consider Contract ID #9362 Primary Care Medical Provider Agreement
for Colorado Accountable Care Collaborative Phase 3.0 Program and
Authorize Chair to Sign — Northeast Health Partners, LLC: Jason Chessher,
Director of the Department of Public Health and Environment, stated the
agreement allows the County to continue partnering with Northeast Health
Partners, LLC, for the Colorado Accountable Care Collaborative Phase 3.0
Program. He stated staff will provide care coordination and comprehensive primary
care at current levels to Medicaid recipients in Weld County, and bill Medicaid for
reimbursement of said services rendered. Commissioner Peppier moved to
approve said agreement and authorize the Chair to sign. The motion, which was
seconded by Commissioner Ross, carried unanimously.
4. NI Consider Contract ID #9365 Amendment #3 to Task Order Contract for
Air Quality Program and Authorize Chair to Sign: Mr. Chessher stated the Air
Quality Program has been administered in Weld County for over two (2) decades.
He explained the amendment allows the department to continue performing
inspections and permitting at current levels, and indicated staff recommends
approval. Commissioner James moved to approve said amendment and authorize
the Chair to sign. The motion was seconded by Commissioner Maxey and it carried
unanimously.
2025-1061
BC0016
Page 4
Monday, April 21, 2025
www.weId.gov
5. Ei Consider Contract ID #9355 Change Order #1 to Professional Service
Agreement for Non -Project Specific Engineering Services Regarding
Drainage Study and Americans with Disabilities Act (ADA) Compliance
Design Services for Hill -N -Park Subdivision (Bid #B2400145), and Authorize
Chair to Sign = Drexel, Barrel!, and Company: Mike Bedell, Department of
Public Works, recalled Drexel, Barrell, and Company was awarded a contract for
non -project specific engineering services, dated February 5, 2023, and stated the
department desires to add engineering services for the Drainage Study and
Americans with Disabilities Act (ADA) Compliance Design Services for the Hill -N -
Park Subdivision. Mr. Bedell indicated staff recommends approval of the change
order, in the amount of $739,885.00, to allow the vendor to commence work
immediately. Commissioner Ross moved to approve said change order #1 and
authorize the Chair to sign. The motion was seconded by Commissioner Maxey
and it carried unanimously.
6. Consider Contract ID #9833 Acceptance of Intergovernmental Grant
Agreement Summary of Term and Conditions for Energy and Mineral Impact
Assistance Fund (EAIF) Program for Environmental Justice Plan
(April Cycle — Tier I): Evan Pinkham, Department of Public Works, stated the
department submitted a Tier I grant application to the Colorado Department of
Local Affairs (DOLA), on March 22, 2023. As a result, he stated the County was
awarded, in the amount of $100,000.00, with a 50/50 required local match, for a
total of $200,000.00, to be utilized for the county -wide Environmental Justice Plan.
Commissioner James moved to approve and accept said agreement. The motion
was seconded by Commissioner Maxey and it carried unanimously.
7. aConsider Contract ID #9357 Application for Supplemental
Reimbursement for Petroleum Storage Tank Remediation at Fueling Facility
(1113 H Street, Greeley) Performed by Palmetto Environmental Group, LLC,
and Authorize Chair to Sign: Rusty Williams, Weld County Controller, requested
to apply for reimbursement funds, in the amount of $11,485.00, for the rerriediation
efforts at the fueling facility located in Greeley. Commissioner Maxey moved to
approve said application and authorize the Chair to sign. The motion was
seconded by Commissioner Peppier and it carried unanimously.
8. I' Consider Intergovernmental Agreement for Payment of Federal Mineral
Lease Funds for Haul Route (HRP) and Low -Volume Rural (LVR) Programs,
and Authorize Chair to Sign — Federal Mineral Lease Act District:
Cheryl Pattelli, Chief Financial Officer, stated the agreement authorizes payment
from the Federal Mineral Lease Act Board to the Department of Public Works for
the haul route (HRP) and low -volume rural (LVR) Programs. Commissioner James
moved to approve said agreement and authorize the Chair to sign. The motion was
seconded by Commissioner Ross and it carried unanimously.
2025-1061
BC0016
Page 5
Monday, April 21, 2025
www.weld.gov
9. Consider Intergovernmental Agreement for Payment of Federal Mineral
Lease Funds for Water Testing Program and Authorize Chair to Sign —
Federal Mineral Lease Act District: Ms. Pattelli stated the agreement authorizes
payment from the Federal Mineral Lease Act Board to the Department of Public
Health and Environment for the water testing program. Commissioner Maxey
moved to approve said agreement and authorize the Chair to sign. The motion was
seconded by Commissioner Ross and it carried unanimously.
10. ai Consider Reorganization of Weld County Department of Finance:
Ms. Pattelli stated the Board conducted an organizational evaluation of the
Department of Finance and made the legislative and managerial decision to
eliminate the Grants Policy Officer position. She indicated the employee has been
notified in accordance with Section 3-5-10.C of the Weld County Code.
Commissioner Ross moved to approve said Resolution. The motion was seconded
by Commissioner Maxey, and upon a roll call vote of four (4) to one (1), the motion
carried, with Commissioner James opposed.
11. f l Consider User Agreement for Colorado Bureau of Investigation (CBI) -
Criminal Justice Information System (CJIS) Access for Non -Criminal Justice
Agency and Authorize Clerk to the Board's Office to Sign: Matthew Conroy,
Assistant County Attorney, stated the agreement authorizes the Clerk to the
Board's (CTB) Office to utilize the Criminal Justice Information System (CJIS) to
perform background checks for liquor applicants. He further stated CTB will be
subjected to an audit by the Colorado Bureau of Investigation (CBI) beginning in
May 2025. Commissioner Peppier moved to approve said agreement and
authorize the Clerk to the Board's Office to sign. The motion was seconded by
Commissioner Ross and it carried unanimously.
12. 8: Consider Dust Blowing Citation Pursuant to C.R.S. §35-72-103 —
McKittrick Hyatt (Scheduled from 3/26/2025): Mr. Conroy recalled the complaint
concerning blowing dust near Briggsdale, Colorado, was previously heard by the
Board on March 26, 2025, where Orders were given to the property owner,
McKittrick Hyatt, and the operator, Richard Cass, to place manure onto specified
areas of the property to mitigate the emergency.
'`' Liz Schneider, West Greeley Conservation District, reported, since March 26,
2025, she has been in communication with the property owner, McKittrick Hyatt,
and the operator Richard "Rich" Cass, who have followed through with said Orders,
in addition to blading the road for easier access for their neighbor, as well as the
trucks delivering the manure, as depicted by her photographic evidence presented
(marked as Exhibit A). She explained the application of manure is the first step in
the remediation plan for the soil conditions that exist, and indicated Ms. Hyatt and
Mr. Cass have agreed to convert the property to grass as a long-term, permanent
solution. Ms. Schneider noted the complete process could take up to five (5) years
2025-1061
BC0016
Page 6
Monday, April 21, 2025
www.weld.gov
to fully be in effect, and in the meantime, a cost -share agreement between the
neighboring properties for a windbreak is currently under review. In response to
Commissioner James, Ms. Schneider confirmed she is satisfied with the efforts
made to mitigate the emergency conditions of blowing dust onto the neighbor's
property.
a Charles "Chuck" Bennet, expressed his appreciation for the efforts that have
been accomplished, and the increased communication by his neighbor, Mr. Cass.
However, he further expressed his concerns with the Orders which have not been
fully met, per the distance specifications indicated.
El In response to Commissioner Ross, Bruce Barker, County Attorney, confirmed
the concerns regarding the drifting of the roadway is a civil matter and further
reiterated the Board's jurisdiction is limited to ordering remedial work to stop the
dust from blowing, which has been confirmed by the testimony given by
Ms. Schneider.
FAfter discussion among parties, Commissioner James stated his findings that
the orders have been met, based on testimony from Ms. Schneider, and further
moved to dismiss said citation. Commissioner Maxey seconded the motion for the
purposes of discussion, and further urged the neighbors to continue to work
together to solve the problems that exist, and for the West Greeley Conservation
District to monitor progress to ensure any additional blowing dust can be
addressed in a timely manner. Commissioner Ross concurred with
Commissioner Maxey's sentiments but expressed his concerns with the entire
property blowing dust, but acknowledged the emergent situation has been
addressed for the time being. There being no further discussion, the motion carried
unanimously.
New Business — Ordinances:
1E Final 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 James moved to read Code
Ordinance #2025-03 by title only. The motion was seconded by
Commissioner Ross and it carried unanimously. Bruce Barker, County Attorney,
read the title for the record. Ms. Pattelli indicated there have been no additional
changes since Second Reading, and stated staff recommends approval. There
was no public testimony concerning the matter. Commissioner Maxey moved to
approve Code Ordinance #2025-03 on Final Reading. The motion was seconded
by Commissioner Ross and it carried unanimously.
2025-1061
BC0016
Page 7
Monday, April 21, 2025
www.we Id .g ov
.Eff2. Final 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 James moved to read Code Ordinance #2025-04 by title only. The
motion was seconded by Commissioner Ross and it carried unanimously.
Mr. Barker read the title for the record, indicated there have been no additional
changes since Second Reading, and stated staff recommends approval. There
was no public testimony concerning the matter. Commissioner James moved to
approve Code Ordinance #2025-04 on Final Reading. The motion was seconded
by Commissioner Peppier and it carried unanimously.
New Business — Planning:
1. —.JR! Consider Intergovernmental Agreement for Weld County Agricultural
Mining Permitting System Pursuant to C.R.S §29-1-201 and Authorize Chair
to Sign: Mr. Barker stated the agreement allows the County to be the permitting
agency for land leveling and reservoir dredging on agricultural properties, exempts
applicants from having to use the Division of Reclamation, Mining, and Safety
(DRMS) mining forms, and benefits the County to expedite applications which also
addresses numerous requests from residents. Commissioner Ross commended
staff and Senator Pelton for their efforts in making this agreement possible.
Mr. Barker followed up with acknowledgement of forthcoming Code changes to
establish the permit and its process, which does include a $100.00 fee for staff's
review of submitted applications. Commissioner Ross moved to approve said
agreement and authorize the Chair to sign. The motion was seconded by
Commissioner James and it carried unanimously.
'8 Public Comment: No public comment was offered.
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 9:46 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
5th day of May, 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
2025-1061
BC0016
f
WEST GREELEY
CONSERVAT
'A'Aer DISTRICT
i
0
N
I A
417. 25 6 (Win
•►
Hearing 112
Site Visit Review g Long -Term Plan
Liz Schneider
Conservation small Acreage Technician
i
Blowing Dust Complaint Property of Interest
Parcels (1)
Owner: HYATT MCKITTRICK
III •••
Account R041702r Parcel: ci46534000009
Address:
iubdivision:
Section: Township: 9N Range: 61W
taxes Pro�rty Report Data Search Buffer Sakes
Displaying 1 - 1 (Total: 1)
41 4 page 1 of 1 ► I►
648 Total Acres
2
Hearing 111 Recap
• Weld County Commissioners declared emergency conditions on
March 24t.", 2025
• Recommendation of a manure application at 45 tons per acre
• 300 ft wide strip along East property line on Hyatt's property that
connects with Bennetts property to the East
• An additional 300 ft wide strip of manure on the property directly
west of Charles Benntt's property
3
What has been done?
• Areas measured and clearly marked on field
• Bladed and smoothed out drifts of soil on Bennett's road as well as
within the field
• 1,800 tons ( 3,600,000 lbs.) of manure had to be loaded and hauled
into property from Pierce
• Manure stockpiled on property
•
anure loaded onto spreader trucks and applied to designated areas
- '71 O1: •
Stockpiled Manure at Site
�-1 .y�J�����.�� � F �y � V yn►�.ti .. � � ` �,w -+rw_ s. •may � �_ _ _ . '�!N
1.• -•2,q2 -
Establish windbreak along west edge of property in effort to protect their
property from future damaging winds.
Next Steps.....
• Cover Crop to be planted next — Need average soil temp to be around
65°F for germination of cover crop seed.
• Permanent Grass establishment, this will take TIME!
• 4 to 5 years pest case scenario
9
thank you
LIZ SCHNEIDER
970-230-7022
liz.schneider@wgcd.org
www.wgcd.org
ATTENDANCE LIST
EMAIL
SPEAKING
(Y/N)?
COUNTY
OF
NAME
-
PLEASE
PRINT
LEGIBLY
ADDRESS
(CITY,
STATE
ZIP)
RESIDENCE
eic.-4 aic 5.
/pi., c.4..b, Agt;;AtsetitaeozPO4
Ah/Q
Y
ir
,4.6•.:i, rEss
Aida
.
it
(AFsswc,c Pt?. ditifisocilcuine Cis arc
ehm.ck SOU
t tat
`%a3
z- e2
1 b ay. 5s 5144 Colec,
Lutfc{
(r)
_
Hello