HomeMy WebLinkAbout20232533.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
WEDNESDAY, AUGUST 30, 2023
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 30, 2023, 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 Mike Freeman, Chair
Commissioner Perry L. Buck, Pro-Tem
Commissioner Scott K. James
Commissioner Kevin D. Ross
Commissioner Lori Saine
Also present:
County Attorney, Bruce Barker
Acting Clerk to the Board, Houstan Aragon
Chief Financial Officer, Cheryl Pattelli
• MINUTES: There being no corrections to the Minutes of the Board of County Commissioners
meeting of August 16, 2023, as printed, Commissioner Saine moved to approve. Commissioner Buck
seconded the motion and it carried unanimously.
IR CERTIFICATION OF HEARINGS: Chair Freeman indicated a continuance was requested for item
2) USR23-0002 — D -Dart Ranch, Inc., do SunShare, LLC, dba Lincoln Solar, LLC, until September 6,
2023, at 9:00 a.m. Commissioner Saine moved to approve the Certification of Hearings conducted on
August 16, 2023, as follows: 1) 2MJUSR23-11-0027 — M & M Excavation Company, LLC, and
3) RES23-0001 - Steve Maas. Commissioner Ross seconded the motion, which carried unanimously.
IR AMENDMENTS TO AGENDA: Chair Freeman indicated an addition to the Consent Agenda under
'Miscellaneous', as item number six (#6) for Standard Form D (SF -424D) for Community Development
Block Grant (CDBG) 2023 Annual Action Plan. Commissioner Ross moved to amend said Consent
Agenda Miscellaneous. The motion was seconded by Commissioner Buck, and it carried unanimously.
Commissioner Ross moved to approve said agenda, as amended. The motion was seconded by
Commissioner James, and it carried unanimously.
• CONSENT AGENDA: Commissioner James moved to approve the Consent Agenda, as amended.
Commissioner Ross seconded the motion and it carried unanimously.
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Minutes, Wednesday, August 30, 2023
Page 1
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le PRESENTATIONS:
1) RECOGNITION OF SERVICES, DEPARTMENT OF HUMAN SERVICES — RUBEN HERNANDEZ:
Chair Freeman read the certificate for the record. Jamie Ulrich, Director of the Department of Human
Services, explained Ruben Hernandez has been part of the Department of Human Services for 25 years,
after transferring from the Weld County Sheriff's Office, as well as serving 30 years in the United States
Air Force. She expressed her gratitude and gave a brief overview of his titles and responsibilities within
the Child Welfare Division. Ms. Ulrich stated Mr. Hernandez and his wife were kinship providers and have
since adopted two (2) children. She referred to him as a `solid dude' who will be greatly missed.
Mr. Hernandez expressed the honor it has been representing Weld County and the many friendships he
has made during his tenure. He commended the hard work his fellow co-workers provide every day to
improve the lives of children in need. Each Commissioner, in turn, expressed their gratitude for his service
to the citizens of Weld County. In response to Commissioner Ross, Mr. Hernandez stated he is returning
to full-time military service. In response to Commissioner Saine, Mr. Hernandez stated the Sheriff's Office
provided him a great foundation to understand people and what motivates them. (Clerk's Note: The group
gathered for a photo opportunity.)
El PROCLAMATIONS:
1) KINSHIP CARE MONTH - SEPTEMBER 2023: Chair Freeman read the proclamation for the record.
Ms. Ulrich thanked the board for their recognition that highlights the value of the work to ensure stable
homes and lasting connections for families in Weld County. She recited statistical values concerning
Kinship homes, and recognized the staff who were present. Ms. Ulrich also introduced Kenneth and
Julie Yarbrough, a kinship family, who were also present, and highlighted their willingness to provide a
stable environment to allow children to thrive. Each Commissioner, in turn, expressed their immense
gratitude for all the kinship families in Weld County, and stated the greatest asset to Weld County are the
children, as they are the future, and thanked staff for their continual efforts for the vulnerable youth in
Weld County. (Clerk's Note: The group gathered for a photo opportunity.)
2) NATIONAL PREPAREDNESS MONTH - SEPTEMBER 2023: Chair Freeman read the
proclamation for the record. Roy Rudisill, Director of the Department of Emergency Management,
thanked the Board for their continued support in the area of emergency preparedness, and stressed the
individual and personal responsibility of citizens to have a plan and be prepared for natural and
man-made disasters. Mr. Rudisill also thanked the first responders who aid the County in being prepared
in the face of emergencies and recognized the team. Dave Burns, Andrew Glendenning, Ben Atkins, and
Gracie Marquez, Office of Emergency Management, introduced themselves and their roles for the record,
and also thanked the Commissioners for their continued support. In response, each of the
Commissioners expressed their appreciation to the staff and recognized the importance of the work the
department does to prepare the County for emergencies. In response to Commissioner Saine, Mr. Burns
stated saving lives is their goal and they have been able to do so with the trainings and support for those
on the front lines doing the work. (Clerk's Note: Mr. Rudisill also recognized Denise Bradshaw as a
member of the team who was not able to attend, and the group gathered for a photo opportunity.)
WARRANTS:
1) GENERAL WARRANTS - AUGUST 29, 2023: Commissioner Ross moved to approve the General
Warrants, as printed. Commissioner James seconded the motion and it carried unanimously.
El BIDS:
1) APPROVE BID #62300158, 2 -TON 4X4 CREW CAB WITH DUAL WHEELS AND 8 -FOOT UTILITY
BOX (QTY 1) - DEPARTMENTS OF FLEET SERVICES AND PUBLIC WORKS: Rose Everett,
Purchasing Department, stated staff recommends selecting the lowest bidder who met specifications,
Ken Garff Ford of Greeley, for a total amount of $79,185.00. Commissioner Buck moved to approve said
bid. The motion was seconded by Commissioner Ross, and it carried unanimously.
Minutes, Wednesday, August 30, 2023 2023-2533
Page 2 BC0016
• 2) APPROVE BID #62300159, 3/4 -TON 4X4 EXTENDED CAB PICKUP WITH 6.5 -FOOT BED
(QTY 2) - DEPARTMENTS OF FLEET SERVICES AND PUBLIC WORKS: Ms. Everett stated staff
recommends selecting the lowest bidder who met specifications, Ken Garff Ford of Greeley, for a total
amount of $101,804.00. Commissioner Ross moved to approve said bid. The motion was seconded by
Commissioner Buck, and it carried unanimously.
• 3) APPROVE BID #62300160, 3/4 -TON 4X4 EXTENDED CAB PICKUP WITH 8 -FOOT BED
(QTY 5) - DEPARTMENTS OF FLEET SERVICES, PUBLIC WORKS, AND FACILITIES: Ms. Everett
stated staff recommends selecting the lowest bidder who met specifications, Dellenbach Motors of Fort
Collins, for a total amount of $228,435.00. Commissioner Buck moved to approve said bid. The motion
was seconded by Commissioner Ross, and it carried unanimously.
▪ 4) APPROVE BID #62300161, PURSUIT RATED ALL WHEEL DRIVE OR 4X4 SPORT UTILITY
VEHICLE (QTY 9) - DEPARTMENT OF FLEET SERVICES AND SHERIFF'S OFFICE: Ms. Everett
stated staff recommends selecting the lowest bidder who met specifications, Johnson Auto Plaza, for a
total amount of $429,813.00. She noted the increased amount from eight (8) vehicles, to nine (9), was
due to a total loss on an existing Sheriff's Office fleet vehicle. Commissioner James moved to approve
said bid. The motion was seconded by Commissioner Ross, and it carried unanimously.
▪ 5) APPROVE BID #62300162, PURSUIT RATED FULL SIZE 4X4 CREW CAB PICKUP (QTY 4) -
DEPARTMENT OF FLEET SERVICES AND SHERIFF'S OFFICE: Ms. Everett stated staff recommends
selecting the lowest bidder who met specifications, Ken Garff Ford of Greeley, for a total amount of
$180,056.00, and noted these will be upgraded with fog lights at no additional cost to the County.
Commissioner Ross moved to approve said bid. The motion was seconded by Commissioner Buck, and
it carried unanimously.
• 6) APPROVE BID #B2300163, 4X4 CREW CAB WITH DUAL WHEELS AND 11 -FOOT UTILITY
BOX (QTY 1) - DEPARTMENTS OF FLEET SERVICES AND PUBLIC WORKS: Ms. Everett stated staff
recommends selecting the lowest bidder who met specifications, Ken Garff Ford of Greeley, for a total
amount of $73,732.00. Commissioner Ross moved to approve said bid. The motion was seconded by
Commissioner Buck, and it carried unanimously.
• 7) APPROVE BID #62300164, 4X4 FULL SIZE EXTENDED CAB PICKUP WITH UTILITY BED
(QTY 1) - DEPARTMENTS OF FLEET SERVICES AND FACILITIES: Ms. Everett stated staff
recommends selecting the lowest bidder who met specifications, Ken Garff Ford of Greeley, for a total
amount of $62,516.00. Commissioner James moved to approve said bid. The motion was seconded by
Commissioner Buck, and it carried unanimously.
• 8) APPROVE BID #62300166, SMALL 4 -DOOR ALL WHEEL DRIVE OR 4X4 SPORT UTILITY
VEHICLE (QTY 8) - DEPARTMENTS OF FLEET SERVICES, FACILITIES, PUBLIC WORKS, AND
SHERIFF'S OFFICE: Ms. Everett stated staff recommends selecting the lowest bidder who met
specifications, Johnson Auto Plaza, for a total amount of $244,200.00. Commissioner Ross moved to
approve said bid. The motion was seconded by Commissioner Buck. Commissioner Saine thanked staff
for the additional information. There being no further discussion, the motion carried unanimously.
• 9) PRESENT BID #B2300155, DESIGN SERVICES FOR AUDIO VISUAL EQUIPMENT
UPGRADES AT VARIOUS BUILDINGS - FACILITIES DEPARTMENT: Carolyn Geisert, Purchasing
Department, stated three (3) bids were received and staff will make a recommendation on September 18,
2023.
Minutes, Wednesday, August 30, 2023
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NEW BUSINESS:
1) CONSIDER CONTRACT ID #7323 INDIVIDUAL PROVIDER CONTRACT FOR PURCHASE OF
FOSTER CARE SERVICES IN A FOSTER CARE HOME AND AUTHORIZE CHAIR TO SIGN -
ROLAND AND LATRICE GRAHAM: Jamie Ulrich, Director of the Department of Human Services, stated
this is a new certified foster care home located in Aurora, Colorado. Commissioner Buck moved to
approve said contract and authorize the Chair to sign. The motion was seconded by Commissioner Ross,
and it carried unanimously.
la 2) CONSIDER CONTRACT ID #7327 PROFESSIONAL SERVICES AGREEMENT FOR VARIOUS
CORE AND NON -CORE CHILD WELFARE SERVICES, AND AUTHORIZE CHAIR TO SIGN -
MAISHA BORA: Ms. Ulrich stated this agreement provides home -based intervention, life skills, and
mental health services. Commissioner Ross moved to approve said agreement and authorize the Chair
to sign. The motion was seconded by Commissioner James, and it carried unanimously.
El 3) CONSIDER CONTRACT ID #7328 PROFESSIONAL SERVICES AGREEMENT FOR BURMESE
AND ROHINGYA CLIENT TRANSLATION SERVICES, AND AUTHORIZE CHAIR TO SIGN -
KHAIRULNISA KOBIRAHMAD: Ms. Ulrich stated this agreement provides translation and interpretation
services for clients who speak the Burmese and Rohingya languages. Commissioner James moved to
approve said agreement and authorize the Chair to sign. The motion was seconded by
Commissioner Ross, and it carried unanimously.
4) CONSIDER CONTRACT ID #7334 GRANT CLOSEOUT CHECK LIST FOR VARIOUS
WORKFORCE INNOVATION AND OPPORTUNITY ACT (WIOA) PROGRAMS, AND AUTHORIZE
CHAIR TO SIGN: Ms. Ulrich shared the grant closeout to report program incomes, stand-in costs, grant
closeout reconciliations, inventory lists, tax certification, refund and rebate credits, unclaimed checks,
and grant recipient release forms for all Colorado Department of Labor and Employment (CDLE) Grant
Expenditure Authorizations for state fiscal years 2022, and 2023. Commissioner Buck moved to approve
said grant closeout checklist and authorize the Chair to sign. The motion was seconded by
Commissioner James, and it carried unanimously.
El 5) CONSIDER CONTRACT ID #7335 CHANGE ORDER #2 TO PURCHASE ORDER FUNDS FOR
FAMILY FIRST TRANSITION ACT TO IMPLEMENT A THERAPEUTIC FOSTER CARE PROGRAM
AND AUTHORIZE DEPARTMENT OF HUMAN SERVICES TO DISBURSE FUNDS: Ms. Ulrich stated
this Change Order to the Purchase Order Funds will extend the term date for spending of these funds.
Commissioner Buck moved to approve said Change Order #2 and authorize the Department of Human
Services to disburse said funds. The motion was seconded by Commissioner Saine, and it carried
unanimously.
ti 6) CONSIDER CONTRACT ID #7338 INTERGOVERNMENTAL CONTRACT AMENDMENT #3
FOR PROMOTING SAFE AND STABLE FAMILIES (PSSF) GRANT AND AUTHORIZE CHAIR TO SIGN
AND SUBMIT ELECTRONICALLY: Ms. Ulrich stated this amendment allows the Department to utilize
funds for prevention efforts. Commissioner Saine moved to approve said amendment and authorize the
Chair to sign and submit electronically. Commissioner Ross seconded the motion, and it carried
unanimously.
Minutes, Wednesday, August 30, 2023
Page 4
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le
7) CONSIDER CONTRACT ID #7339 REVISED EXECUTIVE SUMMARY AND CONTRACT
APPROVAL FOR MEMORANDUM OF UNDERSTANDING FOR SERVICE DELIVERY AGREEMENTS
PURSUANT TO WORKFORCE INNOVATION AND OPPORTUNITY ACT (WIOA), AUTHORIZE CHAIR
TO SIGN AND SUBMIT ELECTRONICALLY, AND RESCIND RESOLUTION #2023-2239, DATED
AUGUST 2, 2023: Ms. Ulrich stated this is a revision to the Memorandum of Understanding (MOU) with
the Division of Vocational Rehabilitation to clarify respective roles and responsibilities, and noted this is
a non -financial MOU. The motion to approve said revised memorandum of understanding and authorize
the Chair to sign and submit electronically, and rescind Resolution #2023-2239, dated August 2, 2023,
was made by Commissioner Buck, seconded by Commissioner James, and it carried unanimously.
IR 8) CONSIDER CONTRACT ID #7348 GRANT CONTRACT AND SUBRECIPIENT INFORMATION
FORM CERTIFICATION FOR STATE AND LOCAL FISCAL RECOVERY FUNDS (SLFRF) FOR
CHILDREN, YOUTH, AND FAMILY BEHAVIORAL HEALTH SERVICES, AND AUTHORIZE CHAIR AND
DEPARTMENT OF HUMAN SERVICES TO SIGN AND SUBMIT ELECTRONICALLY: Ms. Ulrich stated
this is a new contract with the Office of Behavioral Health for House Bill (HB) 1281 Grant funds to be
utilized by the High -Fidelity Wraparound Team. Commissioner Ross moved to approve said contract and
form certification and authorize the Chair and the Department of Human Services to sign and submit
electronically. The motion was seconded by Commissioner Buck, and it carried unanimously.
PUBLIC COMMENT:
1) Kathryn and Kevin Beiland, Longmont resident, offered their comments to the Board.
RESOLUTIONS AND ORDINANCES: The Resolutions were presented and signed as listed on the
Consent Agenda. No Ordinances were approved.
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 9:50 a.m.
These Minutes were approved on the 18th day of September, 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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Weld County Clerk to the Board
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Deputy Clerk to the Boar
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Pro-Tem
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Lori Saine
Minutes, Wednesday, August 30, 2023
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BC0016
ATTENDANCE LIST
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Timeline of Events
2005 Anita Knudson purchased 5.77 acres from RE 3310 Lot B which became part
of her larger acreage under AMRE 2513 Lot B. For 15 years, from 2005 to 2020,
her acreage was not accessed from our road, nor was there any claim to have
access from our road.
2012 or 2013- (would need to verify date with Walter and Deborah Cooper who
owned 3158 Lot B), Walter Cooper built a solid t -post and sheep wire fence along
the East property line of AMRE 2513 for Ms. Knudson. The fence had no gates for
access from our road.
2014 —Beilands purchase AMRE 3310 Lot B, after it had been vacant for over 5
years.
2017, May 4th — Anita sent her son Eric to mow the grass on the East side of her
East fence line, which is Beiland private property. Walter Cooper who owned
3158 Lot B asked Eric what he was doing and told him to leave, and Eric said his
mom told him to come mow and to not let anyone tell him not to. Walter Cooper
called me. Kevin Beiland also saw Eric and asked him what he was doing and why
he was mowing our property. Kevin called me.
I called Anita at 12:13 pm to ask her why Eric was mowing our property and Anita
told me she owns all that property and she could move the fence to the center of
the road if she wanted to. (suggesting she could block us from accessing our
home). I informed her that was not true and that Eric needed to leave and she
said she would contact her lawyer. At 9:53 pm May 4th I emailed a Cease and
Desist to Anita and copied our Title Company. Anita nor Eric ever attempted to
mow our private property after that.
2020 — Walter and Deborah Cooper sold 3158 Lot B.
August 2020: Anita put for sale signs up for RECX19-0086, she put one for sale
sign on our property just off CR 20, and another for sale sign on our property at
the gate she had installed in 2014. That lot was eventually purchased by Jason and
Kari Hebert, not hemp farmers, or farmers of anything. The middle 2 acres of her
new subdivision she put the for -sale signs on her own road on the west side of the
lot, nothing on our road. That lot shows purchased by Jason and Brittany Meyers,
Lot A of 1AMRECX20-19-0086, but the lot is also included in her vet clinic in
recorded exemption 1MUSR21-98-1174. The South 1.77 acres she still owns and
included in her vet clinic. Anita plans to build a home on that lot and then sell it.
August 13th and 14th Prompted by the for sale signs placed on our property, I
contacted Maxwell Nader questioning if Anita had access from our property. In
the email correspondence Maxwell Nader states it appears Anita is attempting to
gain access over your road to 3 new lots which were created from a lot that never
had original access.
2023:
Feb 28th — received recorded exemption RECX19-0086 from Hebert showing
incorrect easement and utility access, after Hebert called me and asked if I wanted
1 power pole or 2 on our property to power his home.
Feb. 28th — March 2"d — various phone calls and email exchanges with Maxwell
Nader in which he too was confused why the plat showed what it did, including
why is in parenthesis behind RE 3310 Lot B, when that lot has
nothing to do with RE 3310 Lot B.
March — Noticed that our plat for 1 NIR! _ 310 Lot B had been removed from the
documents for our property on the Weld County Portal, and it was replaced with
the 2003 plat for 3310 Lot A. Spent hours researching all documents pertaining to
the lands, found the other 4 incorrect recorded exemption plats from 2021 and
2022.
April 6th - confirmed with Fidelity National Title that the 2001 EA does not apply
to those lots.
April 19th - met with Maxwell Nader, Weld County Planning Manager, he agreed
the plats are incorrect but also said he needed to talk to Bruce Barker, Weld
County Attorney, to get an official County stance.
April 24th Maxwell emailed and said Bruce Barker said I must work it out with the
property owners, the County is not involved.
April 26th - confirmed with a Real Estate Attorney that the 2001 EA does not apply
to those lots.
May 3rd - Spoke to District 2 Commissioner Scott James on the phone and sent
him an email with a brief overview of the plats.
May 5th - confirmed with a Certified Professional Landman that the 2001 EA
doesn't apply.
May 10th -sent follow up email to Commissioner Scott James asking if he had a
chance to look into the matter.
May 19th - confirmed with a 2nd Real Estate Attorney the 2001 EA does not apply
to those lots.
May 19th - submitted a CORA request for all documents pertaining to the
subdivision of the 3 lots.
June 2nd — sent certified letter USPS to Tom Parko, Weld Planning Dept Director,
and a separate one to Maxwell Nader, Weld Planning Dept. Manager.
June 6th — Parko and Nader received certified letters.
June 22nd at 1:40 pm — text Anita "Hi neighbor, would you have 15 minutes or so
to meet with me, or give me a call, regarding the 5 new plats that were created for
your lots?"
June 22nd at 4:46pm — received response to CORA request.
July 2nd — noticed gate was being opened so far multiple times that the hinge was
bent and the wood post was getting twisted and cracked. Put a piece of rebar in
the ground as a stopping point for opening the gate, to prevent it from damaging
the gate and post.
July 3rd — Gate was again opened far enough to cause damage, and rebar had been
pulled from the ground and left. Kevin phoned Jason Hebert to ask him about it,
Jason "you are not allowed to put a temporary or permanent structure on the
easement blocking my access." The gate has been there since 2017, it does not
lock, and we have every right to close it whenever we want. Jason said "the gate
is coming down". I have a recording of that portion of the phone call.
July 5th — overnight USPS signature required Notice of Intent to File letters to Parko
and Nader.
July 5th — received audio recording of Public Hearing from August 28th, 2019 when
Anita Knudson went before the Board of Commissioners requesting a farming
exemption for RECX19-0086. There are many untrue statements included in that
audio recording.
July 7th — Parko and Nader received Notice of Intent to File
July 13th — I received follow-up to Cora request from Karin McDougal.
July 22nd — met with Anita at coffee shop at 1:30. She stated she has access from
her 2005 Warranty Deed, as well as from the 2001 EA. Even though the land in
her warranty deed overlaps the property she purchased. She told me she has
access and that if I didn't agree I would have to take it up with the County.
July 27th — Received more CORA docs from Karin McDougal after asking for them
again.
July 31St, Jason opened gate far enough to break it.
Aug. 14th Our Attorney sent an explanatory letter with backup documentation to
Mr. Barker; requesting the County initiate corrective action to the recorded
exemptions.
Aug. 28th — No response from Mr. Barker, so we are here asking the Board
pursuant to Weld County Code § 24-11-40, that the County undertake revisions to
the plats for the Subject Parcels to correct these clear and material
misstatements.
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