HomeMy WebLinkAbout20223065.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MONDAY, NOVEMBER 7, 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, November 7, 2022, 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 Scott K. James, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Perry L. Buck
Commissioner Steve Moreno
Commissioner Lori Saine
Also present:
County Attorney, Bruce Barker
Acting Clerk to the Board, Houstan Aragon
Chief Financial Officer, Cheryl Pattelli
El MINUTES:
1) Commissioner Moreno moved to approve the Minutes of the Board of County Commissioners meeting
of October 19, 2022, as printed. Commissioner Buck seconded the motion, and it carried unanimously.
• 2) Commissioner Freeman moved to continue the Minutes of the Board of County Commissioners
meeting of October 24, 2022, to Wednesday, November 9, 2022. Commissioner Moreno seconded the
motion, and it carried unanimously.
• READ ORDINANCE BY AUDIO: Commissioner Buck moved to read Code Ordinances #2022-06
and #2022-09 by audio. The motion was seconded by Commissioner Moreno, and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Buck moved to approve the Certification of
Hearings conducted on October 19, and 24, 2022, as follows: 1) Public Hearing Concerning the Updated
2022-2023 Annual Action Plan and its' Proposed Use of the 2022 CDBG Funds for Infrastructure
Improvements, Public Facilities, Public Services, Housing Preservation, and General Grant
Administration, 2) PUDZ22-0001 — REI, LLC, dba Investors, LLC, and Beebe Draw Farms Authority,
3) USR22-0019 — Gabriel and Maricela Rocha, 4) USR22-0021 — Kyle Schwartz and Abigail Renner, and
5) PCSC22-0010 — Paul Page. Commissioner Freeman seconded the motion, which carried
unanimously.
• PUBLIC INPUT: No public input was given.
• AMENDMENTS TO AGENDA: There were no amendments to the agenda.
Minutes, Monday, November 7, 2022
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CONSENT AGENDA: Commissioner Freeman moved to approve the Consent Agenda, as printed.
Commissioner Saine seconded the motion and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: Commissioner Buck reported she, alongside
Commissioner Moreno and Chair James, visited a homeless shelter in Colorado Springs, Colorado, and
stated the mission was remarkable. In addition, Commissioners Buck, Freeman, and Moreno attended
the West Greeley Soil Conservation dinner which was well attended. Lastly, Commissioner Buck reported
she went on a six (6) hour tour of Northern Weld County, and thanked staff who attended as well.
Commissioner Moreno thanked Toby Taylor, Director of the Facilities Department, for the replacement
chairs for the Board members in the hearing room, as the previous ones were falling apart. Commissioner
Saine reported she was pleased with Public Safety Day, and shared that the presentation made by
Jay McDonald, Director of the Department of Public Works, was touching and she learned about the
culture within the Department of Public Works that has been instilled under his leadership, and shared
the story of "What's Your Shed." Chair James also thanked Mr. McDonald for his motivational
presentation and comments.
WARRANTS:
1) GENERAL WARRANTS - NOVEMBER 1-4, 2022: Commissioner Buck moved to approve the General
Warrants, as printed. Commissioner Freeman seconded the motion, and it carried unanimously.
• BIDS:
1) APPROVE BID #62200142, PRINT SHOP ROOF REPLACEMENT - FACILITIES DEPARTMENT:
Christie Peters, Purchasing Department, stated staff recommends selecting the lowest bidder who met
specifications, J and K Roofing, LLC, for a total amount of $51,174.84. Commissioner Buck moved to
approve said bid. The motion was seconded by Commissioner Saine, and it carried unanimously.
2) APPROVE BID #B2200150, CISCO ACCESS POINTS — DEPARTMENT OF INFORMATION
TECHNOLOGY: Ryan Rose, Director of the Department of Information Technology, stated staff
recommends selecting the sole bidder who met specifications, Lewan Technology, for a total amount of
$78,726.72. He stated the County has previously purchased from this company, the bid is consistent in
pricing, and this is part of the capital improvement plan for the 2022 fiscal year. Commissioner Freeman
moved to approve said bid. The motion was seconded by Commissioner Buck, and it carried
unanimously.
• 3) APPROVE BID #B2200151, CISCO NETWORK SWITCHES — DEPARTMENT OF
INFORMATION TECHNOLOGY: Mr. Rose stated staff recommends selecting the sole bidder who met
specifications, Lewan Technology, for a total amount of $49,999.40. He stated the County has previously
purchased from this company, the bid is consistent in pricing, and this is part of the capital improvement
plan for the 2022 fiscal year. Commissioner Moreno moved to approve said bid. The motion was
seconded by Commissioner Buck, and it carried unanimously.
• 4) PRESENT BID #B2200162, ECS STORAGE EXPANSION — DEPARTMENT OF INFORMATION
TECHNOLOGY: Mr. Rose stated one (1) bid was received and staff will make a recommendation on
November 21, 2022.
El 5) PRESENT BID #B2200148, CAMERA EQUIPMENT AND LICENSING ACQUISITION -
FACILITIES DEPARTMENT: Ms. Peters stated three (3) bids were received and staff will make a
recommendation on November 21, 2022.
Minutes, Monday, November 7, 2022
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6) PRESENT BID #B2200155, EXHIBITION BUILDING SIDEWALK PROJECT - FACILITIES
DEPARTMENT: Ms. Peters stated four (4) bids were received and staff will make a recommendation on
November 21, 2022.
Ej NEW BUSINESS:
1) CONSIDER CONTRACT ID #6436 AGREEMENT FOR PURCHASE OF CERTAIN PROPERTY FOR
PUBLIC ROAD IMPROVEMENTS WHERE CR 2.5 TERMINATES AT UNION PACIFIC RAILROAD
RIGHT-OF-WAY, AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS - SAKATA
LAND COMPANY: Tiffane Johnson, Department of Public Works, stated this agreement is for a
cul-de-sac turnaround at a Union Pacific Railroad crossing closure. She stated the County will be
acquiring 0.345 acres for the cost of $3,650.00, in exchange for right-of-way and a temporary construction
easement. Ms. Johnson explained the County will relocate a concrete irrigation structure, and has offered
a signing incentive to commence construction immediately upon expedited crop harvest. Commissioner
Moreno stated this is a necessary improvement based on a recent trip he took to this area and saw the
issues firsthand, and he further moved to approve said agreement and authorize the Chair to sign any
necessary documents. The motion was seconded by Commissioner Saine, and it carried unanimously.
2) CONSIDER TEMPORARY CLOSURE OF CR 72 BETWEEN CRS 47 AND 49: Amy Mutchie,
Department of Public Works, stated this closure will begin on November 21, 2022, and go through
March 31, 2023, for the replacement of Bridge 72/47B, as this bridge was determined an E.R.F (Essential
Repair Finding) grade from the State inspection. She further stated magnesium chloride will be used for
dust mitigation on the gravel detour route, and message boards will be placed in advance of the closure.
Commissioner Freeman moved to approve said temporary closure. The motion was seconded by
Commissioner Buck, and it carried unanimously.
• 3) CONSIDER DUST BLOWING CITATION PURSUANT TO C.R.S. §35-72-103 - JEROLD AND
ALICE HOFFMAN (SCHEDULED FROM 7/25/2022): Bruce Barker, County Attorney, explained the
Board entered into a Findings and Order for the property owner to accomplish certain directives to lessen
the blowing dust and to comply by October 24, 2022. He referenced the photographs and findings,
remedial and emergent in nature, and stated an Order is necessary to determine if the property meets
compliance.
• Elizabeth Schneider, West Greeley Soil Conservation District, reported the property owner has
mostly leveled out the soil drifts and some manure was put in place, but it is not enough to mitigate the
soil from continuing to blow, and the weeds that were present are mostly dead as they are seasonal,
leaving bare soil to blow. She further stated there has been no attempt in fulfilling the request that they
plant grass seed to anchor the soil, and in her opinion the property owners have not complied with the
Orders given by the Board on July 25, 2022. (Clerk's Note: The Chair requested a few moments to read
the documents given to them.)
• In response to Chair James, Mr. Barker informed the Board that their jurisdiction has ended, if in
fact the property owner has complied with the Orders the Board issued. He further stated the problem
with the Order given is that it does not specify where on his property, nor to what extent, and based on
the testimony given today, the property owner has applied manure and weeds were mowed, so the
property is compliant. Mr. Barker acknowledged the West Greeley Soil Conservation District does a great
job working with property owners; however, there is the likelihood that soil may blow again if they don't
continue to fully remediate the property as recommended, and this process will likely be repeated with
further detail and specifics included.
Minutes, Monday, November 7, 2022
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Commissioner Saine objected to the notion that the orders have been met, due to the word "shall"
take the steps necessary to prevent or materially lessen dust blowing in the five (5) Findings of Evidence
as stated in the Resolution. Mr. Barker advised that by taking action against the property owner, the
Board would be extending their jurisdiction beyond what the statute allows. In response to Commissioner
Moreno, Ms. Schneider agreed the property also contains flood irrigated hay, the grass has been heavily
grazed, and 3/4 of the property is covered in annual weeds that are now dying which will cause blowing
soil through the fall and winter, and into the spring, with the need for ongoing remediation to prevent this
happening year after year. After extensive discussion among the Board, Mr. Barker stated if the Board
finds that Mr. Hoffman did not comply with the Order, the statutory remedy is that the Commissioners
hire a company to do the work that was ordered on the property, and the County pays for that service
and can get reimbursement up to $40.00 per acre as an assessment against the property. He further
clarified the cost would likely be higher than that amount and the County would be at a loss in that regard.
After further discussion among the Board, Chair James invited public testimony concerning this matter.
Jerrold Brethauer stated he and his wife farm the adjacent property for the landowner, and
confirmed that Mr. Hoffman did remove the berm of soil, but that soil is as fine as flour, and even a slight
wind causes it to blow and build back up. He further stated now that the fence has been removed, the
next natural wind break is their wheat crop, which in some places is already buried a foot deep.
Mr. Brethauer stated because of blowing soil, their crop of corn was burned which diminished their crop
yield, and has had a direct effect on their livelihood.
Commissioner Saine reviewed the findings that she feels are criteria that have not been adequately
met to prevent this from happening again and moved to take measures to protect the neighbors and the
integrity of agriculture. Mr. Barker stated the property owners were not noticed as to the potential for
future orders, but to make the findings based on evidence that they have or have not complied with the
Orders that were issued July 25, 2022. He further stated the Board could continue this matter to a certain
date to enter an Order to contact a company to enter the property and complete the necessary work. In
response, Commissioner Saine moved to continue said dust blowing citation, to Monday, November 21,
2022, at 9:00 a.m. Mr. Barker advised Commissioner Saine to clarify in her motion that the manure
needed to be applied and weeds removed throughout the entire property. The motion was seconded by
Commissioner Buck, as amended. Upon further discussion, it was requested of the West Greeley Soil
Conservation District to closely monitor this property and be in communications with the County, and to
be much more specific with their citation complaints. There being no further discussion, upon a roll call
vote, the motion failed four (4) to one (1), with Commissioner Saine being the supporting vote.
Commissioner Moreno moved to dismiss said blowing soil citation. Commissioner Freeman seconded
the motion, and upon a roll call vote, the motion passed four (4) to one (1), with Commissioner Saine
opposed.
4) FIRST READING OF CODE ORDINANCE #2022-06, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE OF THE WELD
COUNTY CODE (ANNUAL FEES): Jennifer Oftelie, Budget Manager, reviewed the proposed revisions
that are being considered to be changed in the Weld County Code for the record. No public testimony
was offered concerning this matter. Commissioner Moreno moved to approve Code Ordinance #2022-06.
The motion was seconded by Commissioner Freeman, and upon a roll call vote, the motion passed four
(4) to one (1), with Commissioner Saine opposed.
5) FINAL READING OF CODE ORDINANCE #2022-07, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 3 HUMAN RESOURCES OF THE WELD COUNTY
CODE (APPEARANCE/DRESS CODE AND SICK/LEAVE TIME): Commissioner Freeman moved to
read Code Ordinance #2022-07, by title only. Commissioner Buck seconded the motion, and it passed
unanimously. Mr. Barker read the title for the record. Ryan Rose, Director of Administrative Services,
Minutes, Monday, November 7, 2022 2022-3065
Page 4 BC0016
alongside Jill Scott, Director of the Department of Human Resources, stated there have been no changes
since the Second Reading. No public testimony was offered concerning this matter. Commissioner Saine
moved to approve Code Ordinance #2022-07 on Final Reading. The motion was seconded by
Commissioner Moreno, and it carried unanimously.
PLANNING:
1) CONSIDER PARTIAL VACATION OF TWO -LOT RECORDED EXEMPTION, RE -4721, FOR
REMOVAL OF LOT B - STANLEY AND MARY ODENBAUGH: Chris Gathman, Department of Planning
Services, stated the applicants have requested the removal of Lot B, which will result in an approximate
68 -acre unplatted parcel. He reviewed access for this property and stated the shared access will remain
on the vacation plat, and further stated there is floodplain/floodway to be identified on the plat.
Stanley Odenbaugh, applicant, was present to answer questions. Commissioner Freeman moved to
approve said partial vacation, with the Condition of Approval. The motion was seconded by
Commissioner Buck, and it carried unanimously.
2) CONSIDER PARTIAL VACATION OF TWO -LOT CORRECTED RECORDED EXEMPTION,
RE -3218, FOR REMOVAL OF LOT B - GERALD JOHNSON: Mr. Gathman stated the parcel is just over
120 acres, and all easements will remain on the vacation plat. Gerald Johnson, applicant, was present
and stated he installed a well years ago with the intent to sell, and is supportive of the proposed buyer.
Commissioner Saine moved to approve said partial vacation, with the Condition of Approval. The motion
was seconded by Commissioner Buck, and it carried unanimously.
3) CONSIDER PARTIAL VACATION OF USE BY SPECIAL REVIEW PERMIT, USR-1160
(SECOND AMENDED USR-386) - COORS ENERGY COMPANY: Michael Hall, Planning Services,
stated staff received a letter of request from the applicant to partially vacate the Use by Special Review
Permit, USR-1160, which is the Second Amended USR-386, for an Open -Pit Coal Mine and Solid Waste
Disposal Facility located in Keenesburg, Colorado. He further stated this facility is also permitted by the
Colorado Division of Reclamation, Mining and Safety, Permit No. C-1981-082, and this mine has been
partially reclaimed from this area. Mr. Hall stated the area to be vacated is the eastern edge of the
property, resulting in an approximate 42 -acre unplatted parcel. No public testimony was offered
concerning this matter. Commissioner Buck moved to approve said partial vacation, with the Conditions
of Approval. The motion was seconded by Commissioner Saine, and it carried unanimously.
4) FIRST READING OF CODE ORDINANCE #2022-09, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION AND CHAPTER 24
SUBDIVISIONS OF THE WELD COUNTY CODE (CONSENT EXEMPTION VACATIONS): Mr. Barker
stated there are two (2) parts that are included with these proposed changes to the Code; the first to
Section 2-1-30, regarding partial vacations to Recorded Exemptions to be listed on the Consent Agenda,
but have the ability to move that item of business as a New Business item to be discussed if there is
someone in attendance who wishes to do so. He further stated the other part is regarding the details in
partial vacations to Recorded Exemptions in Chapter 24. Commissioner Saine commented she supports
the proposed changes to streamline the process. No public testimony was offered concerning this matter.
Commissioner Saine moved to approve Code Ordinance #2022-09 on First Reading. The motion was
seconded by Commissioner Moreno, and it carried unanimously.
RESOLUTIONS AND ORDINANCES: The Resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance #2022-07 was approved on Final Reading, and Code Ordinances
#2022-06, and #2022-09 were approved on First Reading.
Minutes, Monday, November 7, 2022
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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 10:16 a.m.
These Minutes were approved on the 21st day of November, 2022.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO
ATTEST: •JC1to%4.
Weld County Clerk to the Board
BY:
N
eputy Clerk to the Board
Scott K. James, Chair
Mik
Steve Moreno
Lori Saine
Minutes, Monday, November 7, 2022
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