HomeMy WebLinkAbout20252238.tiffRecord of Proceedings
Minutes
Board of County Commissioners
Weld County, Colorado
Monday, August 11, 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, August 11, 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
Controller, Rusty Williams
Minutes: Commissioner Maxey 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 July 28, 2025
Read Ordinances by Audio: Commissioner Ross moved to read the below listed Code
Ordinance by audio. The motion was seconded by Commissioner Maxey and it carried
unanimously.
1. Code Ordinance #2025-12
Amendments to Agenda: There were no amendments to the Agenda.
Consent Agenda: There being no request for public testimony concerning the following
items, as listed under `Consent Agenda — Miscellaneous', Commissioner Ross moved to
approve the Consent Agenda, as printed. Commissioner James seconded the motion and
it carried unanimously.
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1. Partial Vacation, VAC25-0007, of First Amended Recorded Exemption,
1AMRECX17-16-0056, for Removal of Lot B — E D Marrs Farms, LLC,
do Eldon Marrs
2. Partial Vacation, VAC25-0008, of Two -Lot Recorded Exemption, RE -2372, for
Removal of Lot B — Barclay Farms, LLC, do Kelly Huston
Presentations and Proclamations:
1. Certificate of Recognition, Centenarian — Irene Peppier: Chair Buck read the
certificate for the record. Irene Peppier thanked the Board for the opportunity to be
recognized, she offered heart -felt advice on how she has lived to be 100, which
includes lead a good life, be kind to people, make wise decisions, and take care of
your mind, body, and soul. She recalled her experiences as a child being raised
during the Great Depression, to which she noted as a child she always had food
in her belly, a roof over her head, and was able to go to school. Commissioner
Peppier, daughter of Irene Peppier, shared her unique and impactful stories as she
noted her mother has lived for 40% of the Nation's history, which includes much of
the industrialization and automation to provide the conveniences of modern day.
She acknowledged her mother has been an amazing role model, who has given
her the spirit of recognizing there is always something new to learn each day, and
expressed her gratitude. Commissioners James, Maxey, and Ross, expressed
their honor to have Ms. Peppier present and extended their congratulations to
Irene on her belated 100th Birthday. Upon request of the Board, family members
who were present introduced themselves for the record. (Clerk's Note: The group
gathered for a photo opportunity.)
2. Recognitions of Service, Noxious Weed Management Advisory Board —
Cami Hillman and Daryl Wiest: Chair Buck read the certificates for the record.
The Board thanked Ms. Hillman and Mr. Wiest for their voluntary contributions for
on behalf of the citizens of Weld County.
3. Recognition of Service, Workforce Development Board — Justin Booker:
Chair Buck read the certificate for the record. The Board thanked Mr. Booker for
his voluntary contributions for on behalf of the citizens of Weld County.
Warrants:
1. General Warrants: Commissioner Maxey moved to approve the General
Warrants, as printed. Commissioner James seconded the motion and it carried
unanimously.
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Bids:
1. Approve Bid #B2500090, Crane Body and Installation — Department of Fleet
Services: Toby Taylor, Purchasing Department, stated staff recommends selecting
the lowest bidder who met specifications, Maxey Truck Fitting, for a total amount
of $109,145.00. Commissioner Maxey stated as a result of sharing the last name
with the recommended company, which was founded by several of his family
members, he will recuse himself despite not having any financial interest or gain
for public transparency. Commissioner James moved to approve said bid. The
motion was seconded by Commissioner Ross, and upon a roll call vote of four (4)
zero (0), the motion carried with Commissioner Maxey recused.
2. Approve Bid #B2500094, Pavement Data Collections Service — Department
of Public Works: Mr. Taylor stated the two (2) lowest bidders did not meet
specifications, thus, staff recommends selecting the third lowest bidder who met
specifications, Tiger Eye Engineering, for a total amount of $148,130.00.
Commissioner Ross moved to approve said bid. The motion was seconded by
Commissioner Maxey and it carried unanimously.
New Business — General:
1. Consider Memorandum of Understanding for 19th Judicial District Specialty
Court Program Roles and Responsibilities Concerning Driving Under the
Influence (DUI) Offenders, and Authorize Department of Justice Services and
19th Judicial District Attorney's Office to Sign — Various Entities: Doug Erler,
Director of the Department of Justice Services, stated the memorandum of
understanding (MOU) outlines the roles and responsibilities of all the agencies
involved, including Work Release. He indicated the MOU has a term of five (5)
years with no financial cost to the County; therefore, staff recommends approval.
Commissioner Maxey moved to approve said MOU and authorize the Department
of Justice Services and 19th Judicial District Attorney's Office to sign. The motion
was seconded by Commissioner Peppler and it carried unanimously.
2. Consider Quit Claim Deed for Public Road Right -of -Way for a Portion of
Interstate 76 (1-76) Frontage Road and Authorize Chair to Sign: Bruce Barker,
County Attorney, explained the Colorado Department of Transportation (CDOT) is
part of a Quiet Title Action lawsuit, as a result of a portion of the frontage road not
only being deeded to Weld County, and also to the adjacent property owners. He
stated the Deed will transfer the property to CDOT, so that the County can be
removed from the lawsuit, and staff recommends approval. Commissioner Ross
moved to approve said deed and authorize the Chair to sign. The motion was
seconded by Commissioner Peppler and it carried unanimously. (Clerk's Note: The
title of this item of business was changed subsequent to the meeting based on
correction on record made by Mr. Barker.)
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3. Consider Reassignment to Noxious Weed Management Advisory:
Commissioner Maxey moved to approve said reassignment. The motion was
seconded by Commissioner Peppier and it carried unanimously.
4. Consider Appointment to Workforce Development Board:
Commissioner Maxey moved to approve said appointment. The motion was
seconded by Commissioner James and it carried unanimously.
New Business — Ordinances:
1. First Reading of Code Ordinance #2025-12, In the Matter of Repealing and
Reenacting, with Amendments, Chapter 21 Areas and Activities of State
Interest of the Weld County Code (Oil and Gas — Articles V and VI):
Brett Cavanaugh, Director of the Department of Oil and Gas Energy, reviewed the
changes proposed to Chapter 21 concerning Articles V and VI. He elaborated the
changes include streamlining Weld County Oil and Gas Location Assessment
(1041 WOGLA) process to remain clear and defensible, coordinate with the reality
of regulations, protect the public safety and property rights, and support the
industry. Mr. Cavanaugh further explained, as a result of legislative changes, the
Location Access Pipeline (LAP) Permit process will be removed from the Code, as
it is no longer a function, and will be replaced by data sharing and internal
coordination with Geographic Information Systems (GIS) and infrastructure data
while protecting sensitive information to manage land use and respond to
emergencies more effectively. He requested the implementation of the Pending
Ordinance Doctrine (POD), effective August 11, 2025, for all applications received
during the Ordinance Reading process to maximize public and industry
efficiencies. After in depth discussion among the Board, Legal Counsel, and
Mr. Cavanaugh regarding the principals of a POD, versus the pragmatic
understanding for their existence, Mr. Barker informed the Board it is their sole
discretion to apply, not apply, or change the date of which the POD is effective.
Rich Coolage, Civitas Resources representative, expressed his support of the
proposed changes from an industry standpoint and his appreciation to closer align
the County's process with the State's to streamline efforts. Commissioner James
stated, although he is against POD's by principle, he acknowledged the use of one
in this instance and suggested the POD being effective as of September 8, 2025,
during Second Reading, and further moved to amend Code Ordinance #2025-12
on First Reading, to replace effective date language on Page 58 from August 11,
2025, to September 8, 2025. The motion was seconded by Commissioner Ross
and it carried unanimously. Commissioner James moved to approved
Code Ordinance #2025-12 on First Reading, as amended. Commissioner Maxey
seconded the motion and it carried unanimously.
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New Business — Planning:
1. Consider Vacation, VAC25-0012, of Use by Special Review Permit, USR-832 —
Old West Energy Services, LLC, c/o Marcet Johnson, Teresa Scheopner,
West Greeley Conservation District, c/o John Leone, Kenneth Robb, and
Robert and Tonya Benich: Lindsey Oliver, Department of Planning Services,
stated staff received a letter on June 23, 2025, from the applicant to request the
vacation of Use by Special Review, USR-832, that was for an oil and gas
production facility in the R-1 (Low Density Residential) Zone District, and staff
recommended approval. Commissioner Maxey moved to approve said vacation.
The motion was seconded by Commissioner Peppler and it carried unanimously.
2. Consider Termination of Improvements and Road Maintenance Agreement
for Use by Special Review Permit, USR-832 — Old West Energy Services, LLC,
c/o Marcet Johnson, Teresa Scheopner, West Greeley Conservation District,
c/o John Leone, Kenneth Robb, and Robert and Tonya Benich:
Jazmyn Trujillo -Martinez, Department of Planning Services, requested the
termination of the Road Maintenance Agreement for Use by Special Review,
USR-832, as a result of the action of the Board on the previous item to vacate the
permit. Commissioner James moved to approve said termination. The motion was
seconded by Commissioner Ross and it carried unanimously.
3. Consider Cancellation and Full Release of Collateral for Improvements for
Use by Special Review Permit, USR11-0019 — Kenneth Everitt:
Ms. Trujillo -Martinez stated when the applicant signed the Road Maintenance
Agreement, he was required to submit road maintenance collateral, in the amount
of $2,400.00, for the life of USR11-0019. She further explained the Board
terminated said agreement on February 26, 2025, therefore, staff requested the
cancellation and full release of warranty collateral. Commissioner Ross moved to
approve said cancellation and full release of collateral. The motion was seconded
by Commissioner Peppler and it carried unanimously.
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.
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Monday, August 11, 2025
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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
25th day of August, 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
Attest:
Esther E. Gesick, Clerk to the Board
2025-2238
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