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HomeMy WebLinkAbout20242814.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO WEDNESDAY, OCTOBER 23, 2024 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, October 23, 2024, 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 Kevin D. Ross, Chair Commissioner Perry L. Buck, Pro-Tem Commissioner Mike Freeman Commissioner Scott K. James Commissioner Lori Saine Also present: County Attorney, Bruce Barker Acting Clerk to the Board, Houstan Aragon Chief Financial Officer, Cheryl Pattelli El MINUTES: There being no corrections to the Minutes of the Board of County Commissioners meeting of October 9, 2024, as printed, Commissioner James moved to approve. Commissioner Buck seconded the motion and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Buck moved to approve the Certification of Hearings conducted on October 9, 2024, as follows: 1) COZ24-0005 — Cataract Capital, LLC, and Talons Capital 2, LLC. Commissioner Freeman seconded the motion, which carried unanimously. AMENDMENTS TO AGENDA: There were no amendments to the Agenda. El CONSENT AGENDA: Commissioner Freeman moved to approve the Consent Agenda, as printed. Commissioner James seconded the motion and it carried unanimously. CI WARRANTS: 1) GENERAL WARRANTS - OCTOBER 22, 2024: Commissioner Buck moved to approve the General Warrants, as printed. Commissioner James seconded the motion and it carried unanimously. "I� Minutes, Wednesday, October 23, 2024 Page 1 2024-2814 BC0016 NEW BUSINESS: 1) CONSIDER INTERGOVERNMENTAL GRANT AGREEMENT AWARD LETTER, CERTIFICATION OF COMPLIANCE FORM, AND LOBBYING AGREEMENT FOR VICTIMS OF CRIME ACT (VOCA) PROGRAM CRIME VICTIM COMPENSATION FUND, AND AUTHORIZE CHAIR AND 19TH JUDICIAL DISTRICT ATTORNEY'S OFFICE TO SIGN: Michael Rourke, 19th Judicial District Attorney, alongside Karol Patch, indicated this, and the following item of business, are very closely related. He requested the Board accept grant funds, in the amount of $420,000.00, to provide aid to the Victims Compensation Board's payout to victims in Weld County. He noted the funding stream is less than it has been historically, while the net payment to victims continues to increase and reported values from 2022 and 2023. Mr. Rourke stated this grant does not have a County match, and staff recommends approval. Commissioner Buck moved to approve said agreement and authorize the Chair and 19th Judicial District Attorney's Office to sign. The motion was seconded by Commissioner Freeman and it carried unanimously. 2) CONSIDER INTERGOVERNMENTAL GRANT AGREEMENT AWARD LETTER AND CERTIFICATION OF COMPLIANCE FORM FOR VICTIMS OF CRIME ACT (VOCA) PROGRAM VICTIM WITNESS ASSISTANCE UNIT, AND AUTHORIZE CHAIR AND 19TH JUDICIAL DISTRICT ATTORNEY'S OFFICE TO SIGN: Mr. Rourke, alongside Ermelinda Archibeque, stated the grant funds associated with the Victim Witness Assistance Unit are in the amount of $392,791.00, which is the second largest funding for the District Attorney's Office receives annually. He stated this grant does not have a County match and staff recommends approval. In response to Commissioner James, Mr. Rourke explained the funds are largely offender -paid surcharges, but there has been a trend of judicial wavering of offender surcharges in many cases when it is not appropriate to do so. He further indicated the largest source of income shortfall, is due to judiciary determinations of defendants being indigent for purposes of representation to the Public Defender's Office or the Department of Corrections; therefore, the money has not gone to the Victims Services fund like it is supposed to. Mr. Rourke added, as payouts for items such as broken windows, doors, the need for mental health services, or funeral services have increased, the funding from said offenders has not kept up. Commissioner James moved to approve said agreement and authorize the Chair and 19th Judicial District Attorney's Office to sign. The motion was seconded by Commissioner Buck and it carried unanimously. El 3) CONSIDER CONTRACT ID #8748 WORK PLAN AND NOTICE OF FUNDING ALLOCATION (NFA) FOR WORKFORCE INNOVATION AND OPPORTUNITY ACT (WIOA) ADULT, DISLOCATED WORKER, YOUTH, AND WAGNER-PEYSER PROGRAMS, AND AUTHORIZE CHAIR, DEPARTMENT OF HUMAN SERVICES, AND WORKFORCE DEVELOPMENT BOARD TO SIGN: Jamie Ulrich, Director of the Department of Human Services, stated the purpose of these programs are to provide improved employment outcomes for increased career opportunities for the community population being served. Commissioner Buck moved to approve said workplan and notice of funding allocation, and authorize the Chair, Department of Human Services, and Workforce Development Board to sign. The motion was seconded by Commissioner James and it carried unanimously. (Clerk's Note: The title was altered after the meeting.) El 4) CONSIDER CONTRACT ID #8764 WORK PLAN AND NOTICE OF FUNDING ALLOCATION (NFA) FOR WORKFORCE INNOVATION AND OPPORTUNITY ACT (WIOA) WORKFORCE ENTERPRISE FUND PROGRAM, AND AUTHORIZE CHAIR, DEPARTMENT OF HUMAN SERVICES, AND WORKFORCE DEVELOPMENT BOARD TO SIGN: Ms. Ulrich indicated the Workforce Enterprise Fund Program was previously known as the Employment Support Fund, and will allocate funds for activities specifically to provide training, career and employment initiatives. Commissioner James moved to approve said workplan and notice of funding allocation, and authorize the Chair, Department of Human Services, and Workforce Development Board to sign. The motion was seconded by Commissioner Buck and it carried unanimously. (Clerk's Note: The title was altered after the meeting.) Minutes, Wednesday, October 23, 2024 2024-2814 Page 2 BC0016 • 5) CONSIDER CONTRACT ID #8767 PROFESSIONAL SERVICES AGREEMENT FOR LANGUAGE TRANSLATION AND INTERPRETATION SERVICES, AND AUTHORIZE CHAIR TO SIGN - FRANCISCA READY: Ms. Ulrich stated the agreement allows for Chuukese language translation and interpretation services. Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner James, carried unanimously. 6) CONSIDER CONTRACT ID #8773 INDIVIDUAL PROVIDER CONTRACT FOR PURCHASE OF FOSTER CARE SERVICES IN A FOSTER CARE HOME AND AUTHORIZE CHAIR TO SIGN - ERIK AND JESSICA EDMONDS: Ms. Ulrich stated the contract is for a fully certified kinship foster care home located in Briggsdale, Colorado. Commissioner Buck moved to approve said contract and authorize the Chair to sign. Commissioner James seconded the motion and it carried unanimously. • 7) CONSIDER CONTRACT ID #8778 INDIVIDUAL PROVIDER CONTRACT FOR PURCHASE OF FOSTER CARE SERVICES IN A FOSTER CARE HOME AND AUTHORIZE CHAIR TO SIGN - DOUGLAS AND DESIREE CLARK: Ms. Ulrich stated the contract is for a fully certified kinship foster care home located in Greeley, Colorado. Commissioner Buck moved to approve said contract and authorize the Chair to sign. Commissioner James seconded the motion and it carried unanimously. Ei 8) CONSIDER CONTRACT ID #8779 INDIVIDUAL PROVIDER CONTRACT FOR PURCHASE OF FOSTER CARE SERVICES IN A FOSTER CARE HOME AND AUTHORIZE CHAIR TO SIGN - JEREMY AND NANCY ANDERSON: Ms. Ulrich stated the contract is for a fully certified kinship foster care home located in Greeley, Colorado. Commissioner Freeman moved to approve said contract and authorize the Chair to sign. Commissioner Buck seconded the motion and it carried unanimously. 9) CONSIDER CONTRACT ID #8785 HOUSING AND URBAN DEVELOPMENT APPLICATION FORM (HUD -2991) FOR NOTICE OF FUNDING OPPORTUNITY CERTIFICATION OF CONSISTENCY AND CONSOLIDATED PLANS PROGRAM COMPETITION, AND AUTHORIZE CHAIR TO SIGN - NORTHERN COLORADO CONTINUUM OF CARE (CO -505): Ms. Ulrich stated the form allows for Northern Colorado Continuum of Care to prepare a response for the Notice of Funding Opportunity from the U.S. Department of Housing and Urban Development (HUD). She indicated the purpose is to apply for funding to support local housing and service initiatives throughout northern Colorado, and clarified Weld County is one (1) jurisdiction within the region required to sign and submit Certification of Consistency and Consolidated Plans. Ms. Ulrich stated there is no financial component for this form and staff recommends approval. Commissioner James moved to approve said form and authorize the Chair to sign. The motion was seconded by Commissioner Buck and it carried unanimously. E 10) CONSIDER CONTRACT ID #8786 BUSINESS ASSOCIATE AGREEMENT FOR CASE MANAGEMENT AGENCY (CMA) INFORMATION DATA SHARING AND AUTHORIZE CHAIR TO SIGN - NORTHEAST HEALTH PARTNERS, LLC: Ms. Ulrich stated the agreement allows for the vendor to disclose protected health information (PHI) to the Case Management Agency (CMA) for shared clients. Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Buck and it carried unanimously. • 11) CONSIDER QUOTES PURSUANT TO STATE COOPERATIVE PRICING AGREEMENT FOR PURCHASE OF CORROSION INHIBITED MAGNESIUM CHLORIDE LIQUID DE-ICING PRODUCTS (TORCH LT) - GMCO CORPORATION: Rose Everett, Purchasing Department, stated the Department of Public Works desires to purchase Torch LT Liquid De -Icing Products, pursuant to Sections 5-4-80 and 5-4-100 of the Weld County Code, allowing for said cooperative purchases in the best interests of the County. She confirmed the Colorado Department of Transportation (CDOT) cooperative pricing Minutes, Wednesday, October 23, 2024 Page 3 2024-2814 BC0016 agreement with GMCO Corporation is complete and accurate with Award #311002290, and indicated staff would purchase on an as -needed basis for an amount of $1.12, per gallon, for a five (5) -day delivery, or, an amount of $1.11, per gallon, for a ten (10) -day delivery, from October 1, 2024, through September 30, 2025. Commissioner Freeman moved to approve said quotes and authorize said purchase. The motion was seconded by Commissioner Buck, and it carried unanimously. • 12) CONSIDER QUOTE PURSUANT TO STATE COOPERATIVE PRICING AGREEMENT FOR PURCHASE OF GRANULAR DE-ICING MATERIAL (ICE SLICER RS) - ENVIROTECH SERVICES: Ms. Everett stated the Department of Public Works desires to purchase Ice Slicer RS Granulated De -Icing Material, pursuant to Sections 5-4-80 and 5-4-100 of the Weld County Code, allowing for said cooperative purchases in the best interests of the County. She confirmed the CDOT cooperative pricing agreement with Envirotech Services is complete and accurate with Award #311002284, and indicated staff would purchase on an as -needed basis, for an amount of $145.61, per ton, for a five (5) -day delivery, or for an amount of $141.61, per ton, for a ten (10) -day delivery, from October 1, 2024, through September 30, 2025. Commissioner James moved to approve said quote and authorize said purchase. The motion was seconded by Commissioner Buck, and it carried unanimously. El 13) CONSIDER APPLICATION FOR EXPANSION OF DIABETES PREVENTION PROGRAM GRANT FUNDS FOR MEDICAID RECIPIENTS AND AUTHORIZE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT TO SUBMIT ELECTRONICALLY: Jason Chessher, Director of the Department of Public Health and Environment, gave a brief summary of the Diabetes Prevention Program, as well as a Lifestyle Change Program, for individuals who are considered prediabetic. He stated the program currently has limited county funding, but the demands are rapidly increasing. Mr. Chessher requested approval of the application requesting funds to address the needs of the public. Commissioner Freeman moved to approve said application and authorize the Department of Public Health and Environment to submit electronically. The motion was seconded by Commissioner James. In response to Commissioner Saine, Mr. Chessher confirmed the program does not request proof of identification to receive benefits. There being no further discussion, and upon a roll call vote of four (4) to one (1), the motion carried with Commissioner Saine opposed. • 14) CONSIDER MEMORANDUM OF UNDERSTANDING FOR SITING OF AMBIENT METHANE AIR MONITORS AND AUTHORIZE CHAIR TO SIGN - SONOMA TECHNOLOGIES, INC.: Matthew Conroy, Assistant County Attorney, stated the Memorandum of Understanding (MOU) allows for the vendor to collocate methane monitoring equipment at the three (3) main air monitoring sites. He indicated the monitors will be part of a Department of Energy funded project to improve the quality and spatial distribution of emissions data from Northern Colorado. Mr. Conroy clarified the vendor will be solely responsible for the installation, maintenance, and operation of the equipment and Weld County is providing access to the sites and space in the County's shelters. He noted the vendor has agreed to provide the County with the collected data, and installation is to occur upon finalization of ,the MOU. Commissioner James moved to approve said memorandum of understanding and authorize the Chair to sign. The motion was seconded by Commissioner Buck, and it carried unanimously. '' 15) CONSIDER INTERGOVERNMENTAL AGREEMENT REGARDING CONTRIBUTIONS TO FUND IMPROVEMENTS AT GREELEY-WELD COUNTY AIRPORT AND AUTHORIZE CHAIR TO SIGN: Bruce Barker, County Attorney, stated the agreement allows for the construction of Taxiway Echo One and Taxi Lane Echo One at the Greeley -Weld County Airport and further detailed the respective roles among the parties. Commissioner James moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Freeman and it carried unanimously. • PUBLIC COMMENT: 1) Scott Russel, Douglas County resident, offered his comments to the Board. Minutes, Wednesday, October 23, 2024 2024-2814 Page 4 BC0016 El 2) Kevin Monahan, Douglas County resident, offered his comments to the Board. El 3) Karen Tallentire, City of Littleton resident, offered her comments to the Board. --- 4) Ray Worrell, Larimer County resident, offered his comments to the Board. El 5) Mila Shuesterman, Arapahoe County resident, offered her comments to the Board and submitted a document titled, "Resolution for Legally Valid 2024 General Election." (Marked Exhibit A.) 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 9:37 a.m. These Minutes were approved on the 6th day of November, 2024. BOARD OF COUNTY COMMISSIONERS ATTEST: Weld County Clerk to the Board BY: Deputy Clerk to the Boar WELD COUNTY, C Kew. Ross, Chair at/d/L__ erry L. B ck, Pro-Tem (Mae, Lori Saine Minutes, Wednesday, October 23, 2024 Page 5 2024-2814 BC0016 *CTrtcofuffon for a Legally Valid 2024 General Election c1913ereats, It is a recognized civil right in the United States for every citizen to � � have free and fair elections. "And the right of suffrage can be denied by a debasement or dilution of the weight of a citizen's vote just as effectively as by wholly prohibiting the free exercise of the franchise." (Reynolds v. Sims, 377 U.S. 533 (1964)) csIVOereatas It is the duty of our election officials to guarantee our elections are accurate and free from distortion or manipulation. "Congress seeks...to guard the election of members of Congress against any possible unfairness by compelling... everyone concerned in holding the election to a strict and scrupulous observance of every duty devolved upon him while so engaged... The evil intent consists in disobedi- ence to the law." (In Re Coy, 127 U.S. 731 (1888)) (----4C0greati Our constitutional system of representative government only works when the following four tenets of an election are upheld: 1 . The Voter Rolls Must Be Accurate (National Voter Registration Act, 1993). e. Votes Counted Must Be From Eligible Voters (US Constitution, Fourteenth Amendment, Section Two). 3. The Number of Votes Counted Must Equal the Number of Voters Who Voted. 4. There Can Be No More Than One in 125,000 Ballots in Error by the Voting System (Help America Vote Act, 2002). -1- 09082024 °&ct3ereas conducted by Colorado state citizens has uncovered evidence of massive inaccuracies that violate both Federal and State laws, including: An open -source audit of the Colorado 2022 General Election • 1,467,389 ineligible or uncertain registration violations found within the Colorado State voter roll database. • 100,693 votes cast by ineligible or uncertain registrants. • 34,912 more votes counted than voters who voted in the 2022 general election. No one knows who cast them. • 100,672 apparent voting violations in excess of the legal standard of system accuracy for a valid federal election. Maximum allowable system errors for the 2022 general election in Colorado was 21. • Certification as defined by law, an attestation of accuracy and compliance, appears to have been fraudulent and illegal. ca1V6erew3 These findings trample legal accuracy requirements of the voting system during a Federal Election. Accuracy is defined as the ability of the system to capture and report the specific selections, and absence of selections, made by a voter wit hout error. '0 clis erea5 The intent of the voters must be known factually before certification can be1lawfully conducted. Certification of an election that varies from the law is an abridgement of the civil rights of the citizens, a fraud ab initio. (United States v. Throckmorton, 98 U.S. 61 (1878)). "From time immemorial, an election to public office has been, in point of substance, no more and no less than the expression by qualified electors of their choice of candidates." (United States v. Classic, 313 U.S. 299 (1941)) q S1j eve a Colorado's 2022 General Election appears to have been invalid, depriving us of the guaranteed protection of our Natural Rights under a government duly and provably chosen by us, the American people, resulting in incalculable damage to our families, our way of life, and the fabric of these United States. lC 5OtlttiO1t fora Legally Valid 2024 General Election 09082024 Ztiere ore We call upon our Representatives toprovide relief to the people, P P at _ a the assurance of domestic tranquility, by joining us in demanding a VALID 2024 General Election that upholds these existing laws, and equitable principles of law: I . Proof of citizenship, identity and eligibility to register and vote, not anonymous attestation. 4. Voter rolls certified accurate and available for public review and challenge 30 days before the start of early voting. Voters added after that date must bring proof of citizenship, identity, and address in person to a qualified official at each polling place. 3. Hand -marked, secure ballots similar to currency. Where imaging technology is used for tabulation, the security features must be verifiable in the ballot image. .-)4„ Systems, machines, security measures, infrastructure and conduct are required to be compliant with federal law for fraud prevention regarding risk assessment, certification, testing, and implementation. 5 . Adjudication must be signed -off by party, candidate, and trained citizen witnesses after being given full and effective observation rights. Candidates and trained citizens must be allowed immediate access to ballots, ballot images and CVRs. 6. Ballots, regardless of entry source, election operations, and systems must maintain end -to -end chain of custody from voter to vote count to final canvass, including auditability and witnessed transfer with paper records. 7. A NIST-compliant, randomized, statistically valid end -to -end audit, with a 95% confidence level, of all elections pursuant to the 14th Amendment, Section 2 must be performed. These audits are to be conducted by qualified, insured and bonded security, forensics or financial auditors, not personnel from within the election system. Reconciliation will include the vote count, real physical ballots, adjudication, CVRs, ballot count, qualified voter count, custody transfer, and all other paper and electronic election systems, including logs. 8. If the total of all unique variances above is more than 10% of the margin of victory, a new election must be held in the state for those candidates affected, unless the issues can be provably corrected by a manual hand recount and a full review of records. 9. Waiver of requirements is not allowed. Only end -to -end system compliance, from registration through certification, can guarantee the intent of the people is accu- rately recorded. )kcsotiittoii O1tL figI Q1P111t �1c C 3- 09082024 if c`le That the Weld County Commissioners stand in support -vith the concerns and remedies presented here. We implore the Colorado State Legislature, Federal Legislators, Law Enforcement, Federal and State Prosecutors, Judges, the Secretary of State and its Elections Division and County Boards of Elections to cooperate and to use your influence to fulfill these firm requests of the people. RESULTS OF THE VOTE YEA NAY SIGNATURE Commissioner of District 1, Mike Freeman Commissioner of District 2, Scott James Commissioner of District 3, Lori Saine Commissioner At -Large, Kevin Ross, Chair Commissioner At -Large, Perry Buck, Pro -Tern �� tact -onsets ��l l l�j�' 4�f• , 2024. 11e` o titio 1 for a Legally Valid 2024 General Election 09082024 cktppet-uSir fo PtC3OfUfiOfl Research Sources for the Open -Source Audit by Colorado citizens: Data from Colorado Secretary of State Data Files: • EX -003 Voter Registration 12/2022 • EX -002 Master Voter History 12/01/2022 and 11/07/2023 • CE -068 Public List of Voters with Ballot and CE -077 Reject Ballots, 2022 General Election Relevant Laws applicable to an End -to -End Audit: • US Constitution; Article 1, Section 4. • H.R. 2 The National Voter Registration Act of 1993 (Pub. L. 103-31). • H.R. 3295 The Help America Vote Act of 2002 (Pub.L. 107-252). • Federal Election Assistance Commission Voting System Standards Volume 1: Performance Standards, April, 2002. • Federal Information Security Modernization Act of 2014 (Public Law 113-283). originally Federal Information Security Management Act of 2002 (Public Law 107-347 (Title III)). • National Institute of Standards and Technology SP 800-53: Security and Privacy Controls for Information Systems and Organizations. • FIPS 199 - Standards for Security Categorization of Federal Information and Information Systems. • U.S. Code: Title 52; Subtitle I Voting Rights (§§ 10101 -10702), Subtitle II Voting Assistance and Election Administration (§§ 20101 - 21145) including: • 52 USC § 10101(b) —Intimidation, threats, or coercion. • 52 USC § 10307(c) —False Information in, and Payments for, Registering and Voting. • 52 USC § 20701 —Retention and preservation of records and papers by officers of elections. • 52 USC § 20702 Theft, destruction, concealment, mutilation, or alteration of records or papers. • 52 USC § 21081 —Voting systems standards (HAVA). • 52 USC § 21083 —Computerized statewide voter registration list requirements and requirements for voters who register by mail. • 18 USC § 241 —Conspiracy Against Rights. • 18 USC § 242 —Deprivation of Rights Under Color of Law. • 18 USC § 1519 —False Records in the Administration of a Federal Matter. • 18 USC § 1028A —Aggravated Identity Theft. • 18 USC § 514 —Fictitious obligations. • Colorado Revised Statutes 2023 Title 1 Elections. 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