HomeMy WebLinkAbout20241493.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MONDAY, JUNE 10, 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, June 10, 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
• READ ORDINANCE BY AUDIO: Commissioner Buck moved to read Code Ordinances #2024-11
and #2024-12 by audio. The motion was seconded by Commissioner James and it carried
unanimously.
IE AMENDMENTS TO AGENDA: Commissioner Saine moved to amend the Agenda for placement
of a Resolution titled, "Declare Weld County to be a Tenth Amendment Sanctuary County", marked as
Exhibit "A." She expressed her concerns for overreach of the Federal Government on the agricultural
industry. There being no second, the motion failed. There were no further amendments to the Agenda.
• CONSENT AGENDA: Commissioner James moved to approve the Consent Agenda, as printed.
Commissioner Freeman seconded the motion and it carried unanimously.
El WARRANTS:
1) GENERAL WARRANTS - JUNE 7, 2024: Commissioner Buck moved to approve the General
Warrants, as printed. Commissioner James seconded the motion and it carried unanimously.
• BIDS:
1) PRESENT BID #82400089, GENERAL INVESTMENT CONSULTANT SERVICES FOR WELD
DEFINED BENEFIT RETIREMENT PLAN - DEPARTMENT OF FINANCE AND ADMINISTRATION:
Toby Taylor, Purchasing Department, stated six (6) bids were received and staff will make a
recommendation at a later date, to be determined.
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• 2) PRESENT AND APPROVE EMERGENCY BID #B2400098, 2024 STEEL BID (STRUCTURAL
H -PILE AND STEEL STRINGERS) - DEPARTMENT OF PUBLIC WORKS: Mr. Taylor explained the
proposed bid is concerning structural H -Pile and Steel Stringers, and indicated two (2) bids were
received, of which the lowest bid was deemed incomplete. He stated staff recommends selecting the
second lowest bidder who met specifications, DBE Manufacturing and Supply, for a total amount of
$150,732.40, on an emergency basis due to the rapid increase of steel prices and the vendor's pricing
guarantee through June 30, 2024. Commissioner James moved to approve said emergency bid. The
motion was seconded by Commissioner Buck and it carried unanimously.
NEW BUSINESS:
1) CONSIDER CONTRACT ID #8291 PROFESSIONAL SERVICES AGREEMENT FOR MOUNTED
SHOOTERS AT 2024 WELD COUNTY FAIR AND AUTHORIZE CHAIR TO SIGN - COLORADO
REGULATORS: Mikayla Gable, CSU Extension Service of Weld County, stated the Weld County Fair
Board recommends the continuation of the Colorado Regulators Show at the 2024 Weld County Fair.
Commissioner James moved to approve said agreement and authorize the Chair to sign. The motion
was seconded by Commissioner Buck and it carried unanimously.
• 2) CONSIDER CONTRACT ID #8292 PROFESSIONAL SERVICES AGREEMENT FOR
WOMAN'S PROFESSIONAL RODEO ASSOCIATION (WPRA) BARREL RACE AT 2024 WELD
COUNTY FAIR AND AUTHORIZE CHAIR TO SIGN — MELANIE MARTIN, DBA LUCKY YOU: Ms.
Gable stated the Weld County Fair Board recommends the addition of a barrel race event at the 2024
Weld County Fair and staff recommends approval. Commissioner Saine moved to approve said
agreement and authorize the Chair to sign. The motion was seconded by Commissioner Buck and it
carried unanimously.
la 3) CONSIDER EMERGENCY TEMPORARY CLOSURE OF CR 44 BETWEEN CRS 45 AND 47:
Amy Mutchie, Department of Public Works, presented the emergency closure on behalf of JoMex
Construction Company and DCP Midstream, which began on June 6, 2024, and will continue through
June 11, 2024, due to a collapsed road over a natural gas pipeline. Commissioner James moved to
approve said emergency temporary closure. The motion was seconded by Commissioner Buck and it
carried unanimously.
• 4) CONSIDER TEMPORARY CLOSURE OF CR 34 BETWEEN CR 29 AND NORTH FRONT ST:
Ms. Mutchie stated the closure begins on June 24, 2024, and goes through July 26, 2024, for a re -deck
of Bridge 34/25A. She stated magnesium chloride will be used for dust control on the gravel portions of
the detour route and message boards will be placed in advance of said closure.
Commissioner Freeman moved to approve said temporary closure. The motion was seconded by
Commissioner James and it carried unanimously.
• 5) CONSIDER EXTENSION OF TEMPORARY CLOSURE OF CR 4 BETWEEN CRS 41 AND 45:
Ms. Mutchie requested an approximate one (1) week extension of the temporary closure from June 14,
2024, through June 21, 2024, due to additional stabilization and elevation work needed for the
completion of the second bridge re -deck as a result of ground settling. Commissioner Freeman moved
to approve said extension. The motion was seconded by Commissioner James and it carried
unanimously.
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6) CONSIDER AMENDED BYLAWS FOR 401K SAVINGS PLAN AND 457 DEFERRED
COMPENSATION PLAN FIDUCIARY COMMITTEE, AND AUTHORIZE DEPARTMENT OF FINANCE
TO SIGN: Cheryl Pattelli, Director of the Department of Finance and Chief Financial Officer, stated the
duties of the Director of the Department of Finance and Administration position was split into two (2)
Weld County positions; therefore, the amended Bylaws replace the Director of the Department of
Finance and Administration position on the Committee with the Weld County Controller.
Commissioner Saine expressed her concerns, recited verbiage for the record regarding a broad
spectrum of power for the Chair of the Committee, and requested to strike said verbiage. After
discussion, Ms. Pattelli indicated she does not have concerns with the suggested language.
Commissioner James moved to continue consideration of the amended bylaws to June 12, 2024,
at 9:00 a.m., to allow time for the Weld County Attorney's Office to vet the change through the advisors
of said Committee. The motion was seconded by Commissioner Saine and it carried unanimously.
El 7) CONSIDER FOURTH AMENDMENT TO OFFICE LEASE AGREEMENT (822 7TH ST,
GREELEY) AND AUTHORIZE CHAIR TO SIGN - JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION: Bruce Barker, County Attorney, stated the fourth amendment to the Lease for the
Chase Bank at the Chase Building allows for several consecutive five (5) -year terms, which are
2024-2029, 2029-2034, and 2034-2039. He further stated this is consistent with the second amendment
that was executed prior to Weld County purchasing the property. Commissioner James moved to
approve said amendment and authorize the Chair to sign. The motion, which was seconded by
Commissioner Freeman, carried unanimously.
8) CONSIDER RECOMMENDATION FOR APPOINTMENT OF SCOTT K. JAMES TO GREELEY
HOUSING AUTHORITY: Commissioner Freeman moved to approve said recommendation for
appointment. The motion was seconded by Commissioner Buck. In response to Commissioner Saine,
Commissioner James explained the Bylaws state the County has two (2) appointments to the Board,
but does not prohibit the appointment of a Commissioner, and as the Coordinator for the Department of
Human Services, it is logical that he be the recommended representative. He further clarified the
members who are currently on the Board consist of one (1) representative from the City of Greeley and
various citizen representatives. Commissioner James indicated Tom Teixeira, current Director, is
retiring, so Commissioner James will occupy a seat on the Board for the interim until the Director's
position is permanently filled. There being no further discussion, the motion carried unanimously.
9) CONSIDER RESOLUTION RE: DECLARATION OF DISASTER EMERGENCY AND
AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS: Roy Rudisill, Director of the Office of
Emergency Management, stated several municipalities located in central Weld County were
significantly impacted by severe weather on May 28, 2024, and detailed the resulting damages incurred
to businesses and infrastructure, amounting to $3.4 Million. He clarified the impact to public agencies
does not warrant federal assistance, but the impact to private businesses and properties is significant.
Mr. Rudisill explained the purpose for the declaration of disaster emergency is to support the recovery
efforts of the City of Greeley and other local municipalities. Mr. Rudisill indicated the Resolution will
activate the Emergency Operations Plan and Recovery Annex to assist the Departments of Human
Services and Public Health and Environment to provide emergency Supplemental Nutrition Assistance
Program (SNAP) benefits and seek support from the State of Colorado to aid those affected.
Commissioner Saine moved to approve said Resolution and authorize the Chair to sign any necessary
documents. Commissioner Buck seconded the motion and it carried unanimously.
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El 10) SECOND READING OF CODE ORDINANCE #2024-09, IN THE MATTER OF REPEALING
AND REENACTING, WITH AMENDMENTS, CHAPTER 21 AREAS AND ACTIVITIES OF STATE
INTEREST OF THE WELD COUNTY CODE (1041 WOGLA CODE CHANGES): Commissioner
Freeman moved to read Code Ordinance #2024-09 by title only. The motion was seconded by
Commissioner James and it carried unanimously. Mr. Barker read the title for the record. Jason Maxey,
Director of the Department of Oil and Gas Energy, stated he has not received any comments or
questions since First Reading, but indicated clarifying language was added to the Cash -In -Lieu (CIL)
process to reflect the current procedures outlined in Section 21-5-320.D.3 of the Weld County Code,
which he recited for the record. In response to Commissioner James, Mr. Maxey confirmed the
proposed change is currently reflected in the document presented to the Board for Second Reading
and no motion for amendment is needed. Commissioner Saine expressed concerns and stated she will
refrain from supporting the motion until further discussions are had with staff. No public testimony was
offered concerning this matter. Commissioner James moved to approve Code Ordinance #2024-09 on
Second Reading. The motion was seconded by Commissioner Buck, and upon a roll call of four (4) to
one (1), the motion carried, with Commissioner Saine opposed.
11) FINAL READING OF CODE ORDINANCE #2024-05, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE OF THE WELD
COUNTY CODE (NO APPROPRIATION FOR EMERGENCY SHELTERING OF ILLEGAL ALIENS):
Commissioner James moved to read Code Ordinance #2024-09 by title only. The motion was
seconded by Commissioner Buck and it carried unanimously. Mr. Barker read the title for the record
and stated there have been no changes since Second Reading. Natalee Tennant, Town of Severance
resident, expressed her appreciation for the Board's cooperation and for allowing her to gain a deeper
understanding of local government. Adam DeRito, Town of LaSalle resident, commended the Board for
supporting this matter. Commissioner Saine moved to amend Code Ordinance #2024-05 to add
language to not misuse taxpayer funds from Weld County departments and indicated there are several
programs that expend county funds without requiring identification. After further discussion, the motion
was not seconded and it failed. Commissioner Saine moved to approve Code Ordinance #2024-05 on
Final Reading. The motion was seconded by Commissioner Freeman. Commissioner Buck
commended Ms. Tennant and Bob Leisy for exercising their rights as citizens. There being no further
discussion, the motion carried unanimously. Commissioner Buck presented Ms. Tennant and Mr. Leisy
with a Weld County Challenge Coin.
12) FIRST READING OF CODE ORDINANCE #2024-12, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION OF THE WELD COUNTY
CODE (FIREARMS): Mr. Barker gave an overview of the proposed changes to Chapter 2 regarding
Firearms, as a result of recent legislative initiatives through Senate Bill (SB) 24-131. He highlighted
C.R.S. §18-12-105.3 (1)(b), which prohibits firearms being brought onto various properties, including
several locations under the jurisdiction of local governments. Mr. Barker stated the Ordinance allows
firearms to be carried in the Weld County Administration Building located at 1150 'O' Street, Greeley,
Colorado 80631, and other locations the Board is conducting meetings at. He detailed the definitions of
what constitutes a firearm and stated the Ordinance specifically negates the prohibition enacted by
SB24-131. No public testimony was offered concerning this matter. Commissioner Saine moved to
amend the Ordinance to add language, "to include any property owned by Weld County." The motion
was seconded by Commissioner Buck. Commissioner James discussed SB24-131 and the rights of
United States citizens. Commissioners James and Freeman, and Chair Ross, stated they don't believe
the suggested language addition is necessary. After discussion, Mr. Barker advised the Board to adopt
a language addition of "and property". Commissioner Saine updated her motion to amend Code
Ordinance #2024-12 to include the language provided by Mr. Barker. The motion was seconded by
Commissioner Buck again. After further discussion between Commissioner Freeman and Mr. Barker
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about the Weld County Sheriff's jurisdiction, and upon a roll call vote, the motion to amend Code
Ordinance #2024-12 carried unanimously. No further public testimony was offered concerning this
matter. Commissioner Saine suggested work sessions be held before First Reading on all Ordinances.
She also moved to amend Code Ordinance #2024-12 to add further clarifying language. There being no
second, the motion failed. Commissioner James moved to approve Code Ordinance #2024-12 on
First Reading. The motion was seconded by Buck and it carried unanimously.
le 13) FIRST READING OF CODE ORDINANCE #2024-11, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION OF THE WELD COUNTY
CODE (PER DIEM): Ms. Pattelli provided an overview of the proposed changes to Chapter 2 regarding
current travel policies of Weld County employees. No public testimony was offered concerning this
matter. Commissioner James moved to approve Code Ordinance #2024-11 on First Reading. The
motion was seconded by Commissioner Saine and it carried unanimously.
PUBLIC COMMENT: No public comment was offered.
RESOLUTIONS AND ORDINANCES: The Resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinances #2024-11 and #2024-12 were approved on First Reading,
Code Ordinance #2024-09 was approved on Second Reading, and Code Ordinance #2024-05 was
approved on Final Reading.
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 9:52 a.m.
These Minutes were approved on the 24th day of June, 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,
ATTEST:
Weld County Clerk to the Board
Deputy Clerk to the Boa
Ross, Chair
Perry L. l ck, Pro-Tem
PQ
ike Freeman
Lori Sain
Minutes, Monday, June 10, 2024
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RESOLUTION
RE: DECLARE WELD COUNTY TO BE A "TENTH AMENDMENT SANCTUARY COUNTY"
WHEREAS, the Board of the County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado; and,
WHEREAS, the Tenth Amendment to the United States Constitution a part of the Bill of Rights,
ratified on December 15, 1971, protects the inalienable states' rights, by stating that the federal
government has only those powers delegated to it by the Constitution. and that all other powers
not forbidden to the states by the Constitution are reserved to each state, or to the people; and,
WHEREAS, the powers not delegated to the United States by the Constitution, nor prohibited by
it to the States, are reserved to the States respectively, or to the people; and,
WHEREAS, the United States Supreme Court in United States V. Morrison 529 U.S. 598
(2000) in which certain acts were unconstitutional because those acts exceeded the powers
granted to the US Congress under the Commerce Clause and the Fourteenth
Amendment's Equal Protection Clause; and,
WHEREAS United States v. Lopez (1995), was also a part of a series of Rehnquist Court cases
that limited Congress's powers under the Commerce Clause the Court again ruled that a
regulation enacted under the Commerce Clause was unconstitutional; and,
WHEREAS the Commerce Clause confers a unique position upon the federal government in
connection with navigable waters: "The power to regulate commerce comprehends the control
for that purpose, and to the extent necessary, of all the navigable waters of the United States,
and
,
WHEREAS the state of Colorado does not have `Navigable' waters as defined in Artlll.S2.C1.12
Admiralty and Maritime Jurisdiction, no Federal Agency has authority over water in the state of
Colorado; and,
WHEREAS Weld County in the State of Colorado does not have `Navigable' waters as defined
in Artlll.S2.C1.12, it is the desire of the Board to declare its support of the Ninth and Tenth
Amendment to the United States Constitution and the provisions of the Colorado Constitution
which protects Weld County Citizens inalienable and individual rights to deny any action by any
Federal Agency that are outside of Federal's enumerated powers; and,
WHEREAS ARTICLE II Bill of Rights Section 14, regarding taking private property for private
use states that private property shall not be taken for private use unless by consent of the
owner, except for private ways of necessity and except for reservoirs, drains, flumes or ditches
on or across the lands of others, for agricultural, mining, milling, domestic or sanitary purposes;
and
,
WHEREAS, ARTICLE XVI Mining and Irrigation Section 5, declares that water of streams public
property. The water of every natural stream, not heretofore appropriated, within the state of
Colorado, is hereby declared to be the property of the public, and the same is dedicated to the
use of the people of the state, subject to appropriation as hereinafter provided; and,
WHEREAS all water of every natural stream in the State of Colorado and the County of Weld
has been appropriated and water rights appropriated to federal government must be
administered by Colorado State Engineers in accordance with Colorado water law; and,
WHEREAS, Weld County will accrue significant production loss due to Federal interference with
water and a free market economy is the best carrier for freedom and prosperity for all people
when producers are free to produce, unshackled from the onerous restraints of Federal
agencies acting outside their enumerated powers; and,
WHEREAS, Article II Section 3 of the Colorado Constitution provides that all "persons have
certain inalienable rights, among which may be reckoned the right of enjoying and defending
their lives and liberties; of acquiring, processing and protecting property which includes the
beneficial use of water; and,
WHEREAS, the Commissioners each took an oath to support and defend the United States
Constitution, the Colorado Constitution, and the laws of the State of Colorado which are not
deemed unconstitutional by a court of competent jurisdiction; and,
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County be, and hereby is, declared to be a 'Tenth Amendment Sanctuary County' for rights
retained by the people of Weld County which have not been surrendered.
BE IT FURTHER RESOLVED that the board affirms it will not enforce against any citizen any
Federal law that unconstitutionally infringes upon the right of People of Weld County to keep
and use their non -navigable Water.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by the
following vote on the 27'h day of May, A.D. 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
TENTH AMENDMENT SANCTUARY COUNTY
June10,2024
Notes by Roni Bell, Weld County resident in LaSalle, CO
The Tenth Amendment Sanctuary County is all about prosperity for Weld County residents.
Weld County residents cannot "prosper" when a significant amount of production dollars are lost by
producers having to fend off federal overreach.
To help Weld County residents prosper, it is critical that Weld County Commissioners protect
producers by taking the legal, constitutional action of "not enforcing federal dictates that are outside
of federal's authority." The Tenth Amendment Sanctuary County resolution will satisfy this right so
Weld County can thrive.
Here are some stats from 2022. Notice the population increase while the GDP decreases.
2022: Farm Employment makes up approximately 3% of Weld County's total employment and feeds
approximately 115, 536 households. Yet many children go to bed hungry.
Between 2020 and 2022, Weld County's Gross Domestic Product (GDP) DECREASED 6.7 PERCENT:
2020 Economic Output $19.7 BILLION 2022 Economic Output $18.4 BILLION, mainly due to federal
overreach.
Mining, Quarrying & Oil and Gas Extraction went from $5.9B 2020 $5.8B 2021 to $4.8B 2022,
mainly due to federal overreach.
Weld County, home to 35o,r76 residents, had a 3.1 percent increase in population between 2021 and
2022.
County Commissioners authority to stop federal overreach lays in: "...will not enforce against any
citizen any Federal law that unconstitutionally infringes upon the right of People...
State of Colorado Constitution Section 16. County home rule. (3) A home rule county shall provide all
mandatory county functions, services, and facilities and shall exercise all mandatory powers as may
be required by statute.
Mandatory powers include "will not enforce against any citizen any Federal law that
unconstitutionally infringes upon the right of People."
Weld County Commissioners, you have the authority and duty to pass the Tenth Amendment
Sanctuary County resolution. You will be proud to know that you started a national action that will
enable America's approximate 3,244 counties to prosper.
ATTENDANCE LIST
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ADDRESS (CITY, STATE ZIP)
EMAIL
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