HomeMy WebLinkAbout20241527.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
WEDNESDAY, JUNE 12, 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 12, 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
Controller, Chris D'Ovidio
▪ 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." She expressed
her concerns regarding overreach of the federal government concerning the agricultural industry. There
being no second, the motion failed. (Clerk's Note: See Exhibit A for copy of proposed Resolution.)
Commissioner Saine moved to ensure the Minutes reflect the motions made, as the Minutes are records
of the Board's proceedings. There being no second, the motion failed.
• CONSENT AGENDA: Commissioner James moved to approve the Consent Agenda, as printed.
Commissioner Freeman seconded the motion and it carried unanimously.
• PROCLAMATIONS:
1) WORLD ELDER ABUSE AWARENESS DAY - JUNE 15, 2024: Chair Ross read the proclamation for
the record. Tami Grant, Deputy Director of the Department of Human Services, thanked the Board for
their support in recognizing World Elder Abuse Awareness Day. She stated the Adult Protection Services
(APS) Division investigates, advocates, and interevenes to protect at -risk elderly adults from
mistreatment and harm. She cited research and statistics concerning the abuse, neglect, violence, and
exploitation of elders is a major issue world-wide, and further indicated the APS team investigated 791
allegations in 2023. Ms. Grant introduced community partners and staff who were present for the record.
The Board expressed their appreciation for all of the individuals who work diligently to protect elders and
celebrated the vital roles each contributes in the protection of vulnerable senior citizens in Weld County.
(Clerk's Note: The group gathered fora photo opportunity.)
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El WARRANTS:
1) GENERAL WARRANTS - JUNE 11, 2024: Commissioner Buck moved to approve the General
Warrants, as printed. Commissioner James seconded the motion and it carried unanimously.
El 2) COMMISSIONER WARRANTS (PERRY L. BUCK) - JUNE 11, 2024: Commissioner James
moved to approve the Warrant, as printed. Commissioner Freeman seconded the motion, and upon a
roll call vote of four (4) to zero (0), the motion carried, with Commissioner Buck recused.
3) COMMISSIONER WARRANTS (KEVIN D. ROSS) - JUNE 11, 2024: Commissioner James
moved to approve the Warrant, as printed. Commissioner Buck seconded the motion, and upon a roll call
vote of four (4) to zero (0), the motion carried, with Commissioner Ross recused.
OLD BUSINESS:
1) CONSIDER AMENDED BYLAWS FOR 401K SAVINGS PLAN AND 457 DEFERRED
COMPENSATION PLAN FIDUCIARY COMMITTEE, AND AUTHORIZE DEPARTMENT OF FINANCE
TO SIGN (CONT'D FROM 6/10/2024): Commissioner Saine moved to approve said Bylaws, as
amended, and authorize the Department of Finance to sign. Chris D'Ovidio, Weld County Controller,
explained the changes include replacement of the Director of Finance and Administration with the
Controller. He stated any future changes to the Bylaws will require a majority vote of the Committee,
rather than changes being at the sole discretion of the Committee's Chair. The motion was seconded by
Commissioner James and it carried unanimously.
NEW BUSINESS:
1) CONSIDER SIX (6) STANDARD FORMS OF AGREEMENT, RATES, AND PROVIDER LISTS FOR
VARIOUS OUT -OF -HOME PLACEMENT SERVICES, AND AUTHORIZE CHAIR TO SIGN
AGREEMENTS CONSISTENT WITH SAID FORMS: Ms. Grant stated the purpose of the forms, provider
lists, and rates are for the child welfare State fiscal year 2024-2025. Commissioner James moved to
approve said standard forms, rates, and provider lists, and authorize the Chair to sign agreements
consistent with said forms. The motion was seconded by Commissioner Buck and it carried unanimously.
2) CONSIDER APPLICATION FOR 2024-2025 COUNTY GRANT PROGRAM FOR LONG-TERM
CARE COORDINATION CASE MANAGEMENT AND AUTHORIZE DEPARTMENT OF HUMAN
SERVICES TO SUBMIT ELECTRONICALLY: Ms. Grant requested to submit an application for the
2024-2025 Colorado Department of Health Care Policy and Finance's County Grant Program, with
funding in the amount of $107,552.55, and no County match requirements. She stated the opportunity
would allow full funding of one (1) full-time equivalent (FTE) to deliver better case management and
support individuals who are in need of long-term care services. Commissioner Freeman moved to
approve said application and authorize the Department of Human Services to submit electronically. The
motion was seconded by Commissioner Buck and the motion carried unanimously.
tE 3) CONSIDER CONTRACT ID #8276 GRADUATE SCHOOL OF SOCIAL WORK AGENCY
AGREEMENT AND AUTHORIZE CHAIR TO SIGN - UNIVERSITY OF DENVER, GRADUATE SCHOOL
OF SOCIAL WORK: Ms. Grant stated the purpose of the agreement is to offer employees and
non -employees, who are enrolled students with the University of Denver, an opportunity to complete their
internship requirements with the Department of Human Services. Commissioner Buck moved to approve
said agreement and authorize the Chair to sign. The motion, which was seconded by
Commissioner James, carried unanimously.
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4) CONSIDER CONTRACT ID #8296 AMENDMENT #1 TO INTERGOVERNMENTAL
AGREEMENT FOR CASE MANAGEMENT AGENCY (CMA) SERVICES AND AUTHORIZE CHAIR TO
SIGN: Ms. Grant stated the amendment allows for the continuation of funding, in the approximate amount
of $1.6 Million, for the Case Management Agency (CMA) to provide services for older adults and
individuals with disabilities. Commissioner Buck moved to approve said amendment and authorize the
Chair to sign. The motion, which was seconded by Commissioner James, carried unanimously.
5) CONSIDER APPLICATION FOR FEDERAL ASSISTANCE (FORM SF -424), APPLICANT AND
RECIPIENT ASSURANCES AND CERTIFICATIONS, AND DISCLOSURE OF LOBBYING ACTIVITIES
FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM 2024 ANNUAL ACTION
PLAN, AND AUTHORIZE CHAIR TO SIGN: Elizabeth Relford, CDBG Program Manager, stated the
application, assurances and certifications, and disclosure forms are a requirement of the 2024 Annual
Action Plan to be submitted to the U.S. Department of Housing and Urban Development (HUD) to provide
allocated monies for various improvements through the Community Development Block Grant (CDBG)
Program. Commissioner Freeman moved to approve said application, assurances and certifications, and
disclosure forms, and authorize the Chair to sign. In response to Commissioner Saine, Ms. Relford
clarified the declaration of lobbying activities is a requirement of all Federal grant projects.
Commissioner Buck seconded the motion and it carried unanimously.
El 6) CONSIDER TAX INCREMENT REVENUE AGREEMENT FOR ERIE GATEWAY PHASE
ONE (1) URBAN RENEWAL PLAN AND AUTHORIZE CHAIR TO SIGN — TOWN OF ERIE URBAN
RENEWAL AUTHORITY: Julian Jacquin, Director for the Town of Erie Urban Renewal Authority (URA),
and Austin Flanagon, Assistant Attorney for the Town of Erie, stated the agreement creates a new urban
renewal plan area for a portion of the town's Interstate 25 (1-25) corridor. Mr. Jacquin detailed several
statutory requirements, including a 50/50 revenue share in regard to the County's property tax mill levy
in relation to the URA, the authorization of agricultural land in the boundary, and the exclusion of revenue
generated from oil and gas production. Bruce Barker, County Attorney, stated this agreement is
subtaintially the same form as previously approved, but noted there were some improvements suggested
by Corey Hoffmann, RUA Attorney, and staff recommends approval. Commissioner Saine moved to
approve said agreement and authorize the Chair to sign. The motion was seconded by
Commissioner Buck. Commissioners James and Ross extended their gratitude for the exclusion of oil
and gas revenues, and the collaboration and diligence in bringing this agreement before the Board. There
being no further discussion, the motion carried unanimously.
PLANNING:
1) SECOND READING OF CODE ORDINANCE #2023-18, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 27 PLANNED UNIT DEVELOPMENT OF THE WELD
COUNTY CODE (CONT'D FROM 3/4/2024): Commissioner James moved to read Code Ordinance
#2023-18 by title only. The motion was seconded by Commissioner Buck and it carried unanimously.
Mr. Barker read the title for the record. Maxwell Nader, Department of Planning Services, displayed a
PowerPoint presentation while he reviewed the proposed changes to Chapter 27 regarding Planned Unit
Developments (PUDs). Mr. Nader reviewed timelines associated to several public and stakeholder
meetings concerning future development in unincorporated Weld County, and stated the Code does not
have development options, and the complete re -write of Chapter 27 will not allow for new PUDs to be
established, but noted any PUDs that were already partially platted would be allowed to complete the
process. He recited Section 22-2-30.B of the Weld County Code for the record and shared the department
has solicited letters from municipalities and developers that express support or share concerns from their
individual perspectives. Mr. Nader indicated staff's recommendation is to approve Code Ordinance
#2023-18 on Second Reading, as presented, and stated there have been no changes since First
Reading. Ms. Relford expressed her appreciation for staff's involvement and for addressing input and
Minutes, Wednesday, June 12, 2024
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concerns from community partners. She reiterated the recommendation for approval, which she stated
is in accordance with the Comprehensive Plan. Chair Ross invited the public to provide testimony.
Kristi Pollard, Executive Director of the Metropolitan District Education Coalition, advocated for best
practices and policies with community leaders regarding metropolitan districts. She expressed her
appreciation for options with development and shared she is concerned about the presented Ordinance
slowing down economic development in Weld County.
fi Andrew Dodgen, Representative of the Sak Family, expressed his clients' concerns regarding future
plans for development on their property. He stated should this proposed Ordinance pass, his clients'
valued property will be severely dimished. Mr. Dodgen indicated the City of Thornton would be the closest
municipality to annex to, but there is a two-year minimum to allow the agency to establish the new
annexation codes, which is a significant amount of time considering his clients have already waited for
five (5) years. He further stated he believes that a metropolitan district would resolve the concerns of
developmental impact in unincorporated Weld County.
El Tyler Robbins, Town of Windsor resident, expressed his concerns, stating he would no longer be
able to provide acreage homes with septic systems as a custom home builder if this Ordinance passes.
Matt Hengel, City of Denver resident, expressed he is not in support of removal of PUDs, but very
much supports options two (2) and three (3), which allow for case -by -case evaluation as it concerns the
development standards. As a large landowner in southwest Weld County, he also indicated his support
for having a metropolitan district as a solution.
Mike Hensley, City of Lafayette resident, thanked staff and the Board for their careful consideration
to properly address the concerns for all involved. He expressed his support for the presence of a
metropolitan district to resolve concerns.
IE Kelsey Bruxvoort, AGPROfessionals representative, expressed her support for options two (2) and
three (3) on behalf of several clients who wish to have options available to develop their land with proper
development standards being met as they plan for retirement.
Commissioner Saine acknowledged the testimony given expressing the support for options two (2)
and three (3), and she expressed her concerns that echo those of the stakeholders who previously spoke,
discussing the effect on economic development in Weld County. In response, Mr. Nader and Ms. Relford
confirmed staff's recommendation is to remove PUDs (option #1), which is in accordance with the current
adopted Comprehensive Plan for Weld County. Commissioner James shared the PUD is an antiquated
mechanism for development, indicated options two (2) and three (3) are not mutually inclusive of what is
currently done, and he wants to continue to have conversations to address concerns. After further
discussion, Commissioner James moved to approve Code Ordinance #2023-18 on Second Reading. The
motion was seconded by Commissioner Freeman and it carried unanimously.
PUBLIC COMMENT:
1) Roni Sylvester, Town of LaSalle resident, offered her comments to the Board and submitted Exhibit "B"
for the record. Commissioners Saine and Freeman responded.
Minutes, Wednesday, June 12, 2024
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2) David Knoshaug, City of Greeley resident, offered his comments to the Board, with response from
Commissioners James and Saine, and Chair Ross.
RESOLUTIONS AND ORDINANCES: The Resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance #2023-18 was approved on Second 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 10:04 a.m.
These Minutes were approved on the 26th day of June, 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COU,
ATTEST: Cam J
Weld County Clerk to the Board
BYc—rn.O44
Deputy Clerk to the Boar
Kev' • 2 ' oss, Chair
Perry
L.Bu #, Pro-Tem
Mike reeman
Lori Saine
Minutes, Wednesday, June 12, 2024
Page 5
2024-1527
BC0016
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.
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
WHEREAS, example: The United States Supreme Court in United States V. Morrison 529 U.S.
598 (2000) affirmed that parts of the Violence Against Women Act of 1994 were unconstitutional
because they exceeded the powers granted to the US Congress under the Commerce
Clause and the Fourteenth Amendment's Equal Protection Clause.
WHEREAS, example: 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.
WHEREAS, the Tenth Amendment is all inclusive, Weld County Commissioners uses water
herein as one of many Federal laws that Board has a duty to not enforce because it
unconstitutionally infringes upon the rights of People of Weld County.
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..
WHEREAS the state of Colorado does not have `Navigable' Waters as defined in ArtIII.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 ArtIII.S2.C1.12, it is the desire of the Board to declare its support of the 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 is outside of Federal's Enumerated Powers, and
WHEREAS, additionally, no waters in Weld County meets the definition of WOTUS, therefore
no Water Rights entity needs to apply for a federal permit to maintain old or build new
infrastructure projects.
WHEREAS all Water of every natural stream in the State of Colorado and the County of Weld
has been appropriated, 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 •
WHEREAS, the Commissioners each took an oath to support and defend the United States
Constitution, the Colorado Constitution, arid'the laws of the State of Colorado which are not
deemed unconstitutional by a court of competent jurisdiction.
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."
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 and maintain old or build new infrastructure projects as
connected to their non -navigable Water.. •
The above -and foregoing Resolution wee, on motion duly made and seconded, adopted by the
following vote on 10th Day of June 2024
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
TENTH AMENDMENT SANCTUARY COUNTY
June 12, 2024
by Roni Bell, Weld County resident- LaSalle, Co
The Tenth Amendment Sanctuary County is all about delivering opportunity for Weld County
Residents to enjoy their rights to acquire and enjoy property - to produce and prosper.
EXHIBIT
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Weld County cannot thrive when a reckless federal acts outside its enumerated powers.
We are working on an easy to understand map that shows federal's enumerated powers. This will help
our elected officials and private sector quickly identify areas they have the right to push back federal.
To help Weld County flourish, it is critical that Weld County Commissioners protect producers by
taking the constitutional action: "Not enforce federal dictates that are outside of federal's authority."
Each day Weld County Commissioners delay passing the Tenth Amendment Sanctuary County,
individual Weld County producers take a loss. I've been contacting producers to get a general idea as
to what said delay costs them.
Commissioner Perry Buck asked about a commissioner's authority to stop federal overreach: The
following answers that question:
i) Commissioners will not enforce against any citizen any Federal law that unconstitutionally
infringes upon the right of People...
2) 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.
3) ...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 and maintain old or
build new infrastructure projects as connected to their non -navigable Water.
Weld County Commissioners, you have the authority to pass the Tenth Amendment Sanctuary County
resolution. If not you, who then will protect Weld County residents from onerous actions by federal
that run outside its Enumerated Powers?
Other states are fast becoming aware of the Tenth Amendment Sanctuary County. They are carefully
watching with great interest for they see this as an affirmative, lawful, doable, constitutional way to
push back federal.
Weld County Commissioners, when you pass the Tenth Amendment Sanctuary County, you'll be
PROUD to know that you created a template that will be used nationally. YOU will have started a
national action that will empower America's near 3,244 counties to push back Federal overreach.
Thank you in advance for passing the Tenth Amendment Sanctuary County resolution!
ATTENDANCE LIST
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