HomeMy WebLinkAbout20222171.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
WEDNESDAY, JULY 27, 2022
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, July 27, 2022, at the hour of 9:00 a.m.
10 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 Scott K. James, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Perry L. Buck
Commissioner Steve Moreno - EXCUSED
Commissioner Lori Saine - EXCUSED
Also present:
County Attorney, Bruce Barker
Acting Clerk to the Board, Houstan Aragon
Controller, Chris D'Ovidio
• MINUTES: Commissioner Buck moved to approve the Minutes of the Board of County
Commissioners meeting of July 13, 2022, as printed. Commissioner Freeman seconded the motion and
it carried unanimously.
• PUBLIC INPUT: No public input was given.
El AMENDMENTS TO AGENDA: There were no amendments to the agenda.
EI CONSENT AGENDA: Commissioner Freeman moved to approve the Consent Agenda, as printed.
Commissioner Buck seconded the motion and it carried unanimously.
• WARRANTS:
1) GENERAL WARRANTS - JULY 26, 2022: Commissioner Buck moved to approve the General
Warrants, as printed. Commissioner Freeman seconded the motion and it carried unanimously.
BIDS:
1) PRESENT BID #B2200098, BOILER REPLACEMENT FOR LAW ADMINISTRATION BUILDING -
FACILITIES DEPARTMENT: Christie Peters, Purchasing Department, stated one (1) bid was received
and staff will make a recommendation on August 10, 2022.
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2) PRESENT BID #62200101, CHASE BUILDING FIFTH FLOOR RENOVATION - FACILITIES
DEPARTMENT: Ms. Peters stated four (4) bids were received and staff will make a recommendation on
August 10, 2022.
NEW BUSINESS:
1) CONSIDER CONTRACT ID #6127 INDIVIDUAL PROVIDER CONTRACT FOR PURCHASE OF
FOSTER CARE SERVICES IN A FOSTER CARE HOME AND AUTHORIZE CHAIR TO SIGN -
BRANDON AND MORGAN TRZCINSKI: Jamie Ulrich, Director of the Department of Human Services,
stated this is a new foster care home located in Kersey, Colorado. Commissioner Buck moved to approve
said contract and authorize the Chair to sign. The motion was seconded by Commissioner Freeman, and
it carried unanimously.
2) CONSIDER CONTRACT ID #6143 INDIVIDUAL PROVIDER CONTRACT FOR PURCHASE OF
FOSTER CARE SERVICES IN A FOSTER CARE HOME AND AUTHORIZE CHAIR TO SIGN -
JOHNATHON AND RUBYANN MARKWORTH: Ms. Ulrich stated this is a new foster care home located
in Evans, Colorado. Commissioner Freeman moved to approve said contract and authorize the Chair to
sign. The motion was seconded by Commissioner Buck, and it carried unanimously.
3) CONSIDER CONTRACT ID #6132 AGREEMENT FOR PROFESSIONAL SERVICES FOR
ONE-TIME COURT -ORDERED EVALUATION SERVICES AND AUTHORIZE CHAIR TO SIGN -
JESSICA BARTELS, PLLC: Ms. Ulrich stated this agreement would assist with one-time evaluation
services that have been court -ordered. Commissioner Buck moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Freeman, the motion carried unanimously.
4) CONSIDER CONTRACT ID #6144 CHANGE ORDER TO PROFESSIONAL SERVICE
AGREEMENT FOR ARCHITECTURAL/ENGINEERING SERVICES (PROBATION REMODEL DESIGN
PROJECT -BUILDING SYSTEMS - BID #62200050) AND AUTHORIZE CHAIR TO SIGN -
CAIRN DESIGN, LLC: Toby Taylor, Director of the Facilities Department, stated during design, it was
discovered the original 1974 electrical switch gear and feeders for the building are too outdated to handle
the additional loads of the planned remodel. He stated Cairn Design, LLC, has quoted this work for the
amount of $90,955.00, and this upgrade will also build the foundation for future remodel electrical loads
of the building. Commissioner Freeman moved to approve said change order and authorize the Chair to
sign. The motion, which was seconded by Commissioner Buck, carried unanimously.
5) CONSIDER CONTRACT ID #6150 LEASE AGREEMENT FOR PATIO SPACE (822 7TH
STREET, GREELEY) AND AUTHORIZE CHAIR TO SIGN — BRIX BREWERY, LLC, DBA TIGHTKNIT
BREWING COMPANY: Mr. Taylor stated Brix Brewery, LLC, dba Tightknit Brewing Company, has
requested to lease 1,300 square feet of sidewalk space for the total amount of $2,340.00, annually, or
$195.00, monthly, with the term to expire May 30, 2023. Commissioner Buck moved to approve said
agreement and authorize the Chair to sign. Commissioner Freeman seconded the motion, and
questioned when the use of this space will occur. In response, Mr. Taylor confirmed this would be after
regular County business hours and will not impede or hinder public access to the building. There being
no further discussion, the motion carried unanimously.
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6) CONSIDER CONTRACT ID #6151 LETTER OF ACCEPTANCE AND SMALL DOLLAR GRANT
AGREEMENT FOR 2022 EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) AND
LOCAL EMERGENCY MANAGER SUPPORT (LEMS) PROGRAM FUNDING, AND AUTHORIZE
CHAIR TO SIGN: Roy Rudisill, Director of the Office of Emergency Management, stated annually, the
County applies for Federal Emergency Management Agency (FEMA) grant funds to support office
operations, and this year the County has been awarded $89,784.00, which is an increase of $13,284.00.
Commissioner Freeman moved to approve said letter and agreement, and authorize the Chair to sign.
The motion was seconded by Commissioner Buck, and it carried unanimously.
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7) CONSIDER CONTRACT ID #5941 MEMORANDUM OF UNDERSTANDING FOR CRISIS
ASSESSMENT PROTOCOL AND AUTHORIZE CHAIR TO SIGN - NORTH RANGE BEHAVIORAL
HEALTH: Sonja Kholgraf, Sheriff's Office, stated this memorandum of understanding is for services that
include complete mental health evaluations, and subsequent treatment determinations, for community
members being released from the County Jail after normal business hours. She further stated this service
is free of charge, and North Range Behavioral Health has conducted 228 evaluations of this nature from
July 2021, through May 2022. Commissioner Buck moved to approve said memorandum of
understanding and authorize the Chair to sign. Seconded by Commissioner Freeman, the motion carried
unanimously.
8) CONSIDER SPECIAL EVENTS PERMIT AND AUTHORIZE CHAIR TO SIGN - AMERICAN
CANCER SOCIETY: Bruce Barker, County Attorney, stated he has reviewed the application for the
Special Events Permit which is complete, and there are no concerns from referral agencies. Rachel
Befort, American Cancer Society representative, stated the 30th anniversary for the Cattle Baron's Ball
will be located at 35496 State Highway (SH) 257, Windsor, Colorado, and expressed gratitude toward
the Board for their partnership. In response to Commissioner Buck, Ms. Befort confirmed this event will
take place on September 17, 2022. No public testimony was given concerning this matter. Commissioner
Freeman moved to approve said Special Events Permit, and authorize the Chair to sign. He further
relayed his appreciation for the quality of the event every year and hosting the event in various parts of
the County. Commissioners Buck and James concurred. The motion was seconded by Commissioner
Buck, and it carried unanimously.
PLANNING:
1) CONSIDER APPEAL OF THE DECISION BY THE DIRECTOR OF THE DEPARTMENT OF
PLANNING SERVICES CONCERNING CODE COMPLIANCE COMPLAINT, COMP22-00160 —
MICHAEL MARQUARDT AND HAVILAH LILLY: In response to Chair James, Mr. Barker explained the
appeal process is pursuant to Weld County Code Section 2-4-10, and in this case, the decision by
Tom Parko, Director of the Department of Planning Services, is being appealed. He further gave
recommendation to the Board as to the order of presentation.
.a Mr. Parko, alongside Bethany Pascoe, Compliance Officer for the Department of Planning Services,
stated he provided a detailed memorandum to the Commissioners for their review, and the Department
received a complaint regarding a light nuisance on an outbuilding of an adjacent property disrupting the
neighbors quality of life during nighttime. Ms. Pascoe displayed aerial and vicinity maps that showed the
properties in relation to each other, and Mr. Parko explained the location of these properties are near the
Town of Firestone, Colorado, the subject property is owned by Tom and Dee Adams, and he supported
his reason for dismissal, based on the Bulk Requirements of Section 23-3-70.F, which states that lights
must be "shielded", but does not say "down facing". In addition, he stated Weld County does not regulate
lumens or intensity of the light, does not have a 'dark sky' policy in written format or Code, and does not
create a traffic hazard. In response to Chair James, Mr. Parko distinguished the definition of 'into' and
'onto' in the A (Agricultural) Zone District, which is not an enforcement practice of zoning compliance,
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and further confirmed the Right to Farm is in the County Code and is relevant to this case, as the light is
used to protect property and livestock.
(Clerk's Note: Mr. Barker interjected to state for the record that everything being displayed by
Mr. Jed Scott and his office today, has previously been provided and is in the Board packets for review.)
IC Jed Scott, attorney for Michael Marquardt and Havilah Lilly, stated they do not believe the Weld
County Code, Section 23-3-70.F, should be interpreted as 'onto adjacent properties.' He also stated his
clients believe that the Code can and should be enforced, and there is nothing unclear about the light not
being shielded, which is causing the disruption of their quality of life. Mr. Scott stated Mr. Marquardt and
Ms. Lilly have both tried communication with the Adam's (the neighbors), and tried to be good neighbors
to solve this issue prior to getting to this point, by requesting a shield be placed on their light, which they
feel would resolve this issue. He further stated their request of the Board is to require the Code
enforcement of Section 23-3-70.F. (Clerks Note: Mr. Barker stated for the record that the complainants
have been informed on the rules of evidence.)
Michael Marquardt, appellant, and resident since 2017, displayed photos taken on May 16, 2022,
while he explained at the time they purchased their property, the neighbors in question had no light;
however, in 2020, they noticed their neighbors had installed this lighting, which projects in all directions
with no shielding. He further stated, over time, the lighting has stayed on later and later, and in some
cases all night long. Mr. Marquardt explained he had purchased a calibrated light meter and displayed
an overview of his property in relation to the light from their neighbor's property. (Exhibit 14-15.) He further
relayed the measures they have taken to help mitigate this nuisance on their property such as: planting
trees that will take time to mature to create a hedge, boarding up some windows, and installing a double
layer of blackout curtains which are pinned together, but it is still not enough to prevent the light from
entering their bedroom at night. (Clerk's Note: Chair James requested a five (5) minute recess.) Upon
reconvening, Mr. Marquardt demonstrated how the installation of a cut shield onto the wall pack light still
projects light upon the neighbor's property, but not adjacent properties.
Havilah Lilly, co -appellant, thanked the Board for their time and attention to this complaint, and
further stated they love their community and stressed the importance of being a good neighbor, working
together to find a compromise to the problem. Ms. Lilly highlighted they don't wish to change the Code,
but would like compliance with the Code, and they are not arguing their neighbors Right -to -Farm, but to
mitigate the lighting issue and be good neighbors, they are requesting they place a shield on their light
as a reasonable and inexpensive solution.
Steven Morgan, Attorney of Tom and Dee Adams, stated the focus of the Appeal is if the Code, as
written, has been enforced, and in their opinion it has been. He further stated that the Adams know that
the light is bright, but there is nowhere in the Code which states the lighting must be within a certain
wattage, and there is a shield on the top of the wall pack light. He further explained their photographs
clearly show there is a shield and this light provides security and protection of their home and livestock
from predators, and stated that the lighting does go to the property line, as shown, which is within the
Code.
.l In response to Chair James, Mr. Baker confirmed that per Home Rule Charter all three of the present
Commissioners today must vote in favor to grant the appeal of this case. Commissioner Freeman
commented he can clearly see there is a disruption to Mr. Marquardt and Ms. Lilly's quality of life, but as
the Code is written he doesn't believe the Code has been violated; therefore, he believes Mr. Parko's
decision to dissmiss this complaint is accurate. Commissioner Buck commented that she too has acreage
with livestock and strongly understands the Right to Farm and protection of livestock, and agreed the
lighting does keep predators away. Chair James acknowledged the disruption has been demonstrated,
Minutes, Wednesday, July 27, 2022
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and the use of a shield would make a difference, and furthermore, to demonstrate being a good neighbor
in spending a minimal amount of money for a shield would be the best solution. He further noted that this
is not a reflection on the determination made by Mr. Parko, or the Compliance Officers. Commissioner
Buck moved to deny said appeal, for the reasons stated on the record. The motion was seconded by
Commissioner Freeman who commented, the definition of 'shall shield' is not clear in the Code, but he
does agree that the Code, as written, has been enforced by dismissal. Chair James stated his
interpretation of the Code. There being no further discussion, the motion failed two (2) to one (1), upon a
roll call vote. There was no subsequent motion to grant the appeal, thus the decision by the Director of
Planning Services to deny the Code Compliance Complaint is affirmed.
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 10:42 a.m.
These Minutes were approved on the 10th day of August, 2022.
BOARD OF COUNTY COMMISSIONERS
WECOUtyTY, COLORADO
ATTEST: ditits/Oa.ado: tk
colt K. James, Chair
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
Mik
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EXCUSED
Steve Moreno
Minutes, Wednesday, July 27, 2022
Page 5
2022-2171
BC0016
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