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
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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
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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
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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).
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09082024
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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
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We call upon our Representatives toprovide relief to the people,
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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.
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09082024
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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
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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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09082024
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