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Home My WebLink About20241460.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO WEDNESDAY, JUNE 5, 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 5, 2024, at the hour of 9:00 a.m. El 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 May 22, 2024, as printed, Commissioner Buck moved to approve. Commissioner James seconded the motion and it carried unanimously. El CERTIFICATION OF HEARINGS: Commissioner Buck moved to approve the Certification of Hearings conducted on May 22, 2024, as follows: 1) RLDF23-0002 - Sharp Trust, 2) USR24-0003 — Hutton Family Trust, c/o K -La Construction, LLC, 3) USR24-0005 — Peters 313 Ranch, Inc., c/o Rockies Express Pipeline, LLC, and 4) COZ24-0001 — Moore Real Property, LLC. Commissioner Saine seconded the motion, which carried unanimously. AMENDMENTS TO AGENDA: Commissioner Saine moved to add a Resolution titled, "Declaring Weld County to be a Tenth Amendment Sanctuary County", marked as Exhibit "A." She gave a synopsis of the rights given under the Tenth Amendment of the United States Constitution and stated Colorado does not have navigable waters as defined by Article III, Section 2, C1.12 of Admiralty and Maritime Jurisdiction. Chair Ross stated the Resolution was considered at the Board Meeting held on Monday, June 3, 2024, and Commissioner Saine's motion to continue said Resolution to Wednesday, June 5, 2024, and her subsequent motion to approve said Resolution, both failed with no second. He informed Commissioner Saine that dilatory actions are not cause for further consideration per Roberts Rules of Order, which was confirmed by Bruce Barker, County Attorney. There were no further 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. Minutes, Wednesday, June 5, 2024 Page 1 2024-1460 BC0016 ki WARRANTS: 1) GENERAL WARRANTS - JUNE 3, AND 4, 2024: Commissioner Buck moved to approve the General Warrants, as printed. Commissioner James seconded the motion and it carried unanimously. la BIDS: 1) APPROVE BID #62400090, WELD COUNTY AMERICANS WITH DISABILITIES ACT (ADA) BUILDING AUDIT - FACILITIES DEPARTMENT: Toby Taylor, Purchasing Department, stated staff reviewed the submitted proposals and requested this matter be continued to June 19, 2024, at 9:00 a.m., to provide additional time for review and recommendation. Commissioner Freeman moved to continue said bid to June 19, 2024, at 9:00 a.m. The motion was seconded by Commissioner Saine and it carried unanimously. • 2) PRESENT BID #B2400084, ENGINEERING SERVICES FOR A SAFETY ACTION PLAN FOR UNINCORPORATED WELD COUNTY - DEPARTMENTS OF PLANNING SERVICES AND PUBLIC WORKS: Mr. Taylor stated six (6) bids were recieved and staff will make a recommendation at a later date to be determined. • NEW BUSINESS: 1) CONSIDER CONTRACT ID #8257 AGREEMENT FOR CONSTRUCTION SERVICES FOR DEPARTMENT OF HUMAN SERVICES BUILDING C UPGRADE PROJECT AND AUTHORIZE CHAIR TO SIGN - SETPOINT SYSTEMS CORPORATION: Curtis Naibauer, Interim Director of the Facilities Department, explained Setpoint System Corporation is a single source vendor that was established in accordance with Section 5-4-95 of the Weld County Code. He further stated the agreement provides the necessary upgrades to the outdated Variable Air Volume (VAV) controllers and the current graphics to integrate with the latest software. Mr. Naibauer noted these upgrades enhance system performance and reliability, are for the cost of $57,813.00, and he recommended approval. Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Buck and it carried unanimously. (Clerk's Note: The title of this item of business was altered post meeting.) • 2) CONSIDER CONTRACT ID #8260 MEMORANDUM OF AGREEMENT FOR PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS FOR CR 41 AND SH 52 INTERSECTION PROJECT, AND AUTHORIZE CHAIR TO SIGN - SAKATA LAND COMPANY: Erich Green, Department of Public Works, stated the Memorandum of Agreement is for the purchase of right-of-way and a temporary construction easement located in the southwest quadrant at the intersection of County Road (CR) 41 and State Highway (SH) 52. He detailed the timeline for said project and total compensation of $8,200.00, as a rounded total from the subtotal of $8,198.00, which has been accounted for in the department's 2024 budget. Commissioner James moved to approve said memorandum of agreement and authorize the Chair to sign. The motion was seconded by Commissioner Buck. Chair Ross commended Mr. Green for his excellence regarding his approach to property acquisitions. There being no further discussion, the motion carried unanimously. e 3) CONSIDER ACCEPTANCE OF DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY FOR PURCHASE OF CERTAIN PROPERTY (RWE-1) FOR PUBLIC ROAD IMPROVEMENTS FOR CR 21 AND SH 66 INTERSECTION PROJECT, AND AUTHORIZE CHAIR TO SIGN - MAGNESS LAND HOLDINGS, LLC: Mr. Green stated the Deed of Dedication is for right-of-way in the northeast quadrant of the County Road (CR) 21 and State Highway (SH) 66 intersection, pursuant to an Intergovernmental Agreement (IGA) between Weld County and the Colorado Department of Transportation (CDOT), which was approved on November 7, 2023. He explained the IGA allowed CDOT to perform the design, land Minutes, Wednesday, June 5, 2024 Page 2 2024-1460 BC0016 acquisition, and project management, while the County provided a significant financial local match for said project. Mr. Green indicated CDOT has settled, paid for, and closed the property, and the property owner has conveyed 0.366 of an acre for public road right-of-way. Commissioner Freeman moved to accept said deed and authorize the Chair to sign. The motion, which was seconded by Commissioner James, carried unanimously. IE 4) CONSIDER ACCEPTANCE OF DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY FOR PURCHASE OF CERTAIN PROPERTY (RWE-2) FOR PUBLIC ROAD IMPROVEMENTS FOR CR 21 AND SH 66 INTERSECTION PROJECT, AND AUTHORIZE CHAIR TO SIGN - MAGNESS LAND HOLDINGS, LLC: Mr. Green stated the Deed of Dedication is for right-of-way located in the southeast quadrant of the County Road (CR) 21 and State Highway (SH) 66 intersection, pursuant to an Intergovernmental Agreement (IGA) between Weld County and the Colordo Department of Transporation (CDOT), which was approved on November 7, 2023. He explained the IGA allowed CDOT to perform the design, land acquisition, and project management, while the County provided a significant financial local match for said project. Mr. Green indicated CDOT has settled, paid for, and closed the property, and the property owner has conveyed 0.369 of an acre for public road right-of-way. Commissioner James moved to accept said deed and authorize the Chair to sign. The motion, which was seconded by Commissioner Saine, carried unanimously. • 5) CONSIDER ACCEPTANCE OF DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY FOR PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS FOR CR 21 AND SH 66 INTERSECTION PROJECT, AND AUTHORIZE CHAIR TO SIGN - RITCHIE E. PYEATT TRUST AND LINDA A. PYEATT TRUST: Mr. Green stated the Deed of Dedication is for right-of-way located in the southwest quadrant of the County Road (CR) 21 and State Highway (SH) 66 intersection, pursuant to an Intergovernmental Agreement (IGA) between Weld County and the Colorado Department of Transportation (CDOT), which was approved on November 7, 2023. He explained the IGA allowed CDOT to perform the design, land acquisition, and project management, while the County provided a significant financial local match for said project. Mr. Green indicated CDOT has settled, paid for, and closed the property, and the property owner has conveyed 0.230 of an acre for public road right-of-way. Commissioner Freeman moved to accept said deed and authorize the Chair to sign. The motion, which was seconded by Commissioner Buck, carried unanimously. e 6) CONSIDER ACCEPTANCE OF DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY FOR PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS FOR CR 21 AND SH 66 INTERSECTION PROJECT, AND AUTHORIZE CHAIR TO SIGN - GLEN MAYER, RANDY MAYER, AND SHIRLEY KAUFFMAN: Mr. Green stated the Deed of Dedication is for right-of-way located in the northwest quadrant of the County Road (CR) 21 and State Highway (SH) 66 intersection, pursuant to an Intergovermental Agreement (IGA) between Weld County and the Colorado Department of Transportation (CDOT), which was approved on November 7, 2023. He explained the IGA allowed CDOT to perform the design, land acquisition, and project management, while the County provided a significant financial local match for said project. Mr. Green indicated CDOT has settled, paid for, and closed the property, and the property owner has conveyed 0.334 of an acre for public road right-of-way. Commissioner James moved to accept said deed and authorize the Chair to sign. The motion, which was seconded by Commissioner Buck, carried unanimously. • 7) SECOND READING OF CODE ORDINANCE #2024-07, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 7 EMERGENCY MEDICAL SERVICES OF THE WELD COUNTY CODE: Commissioner James moved to read Code Ordinance #2024-07 by title only. The motion was seconded by Commissioner Buck and it carried unanimously. Bruce Barker, County Attorney, read the title for the record and stated there have been no changes since First Reading. No Minutes, Wednesday, June 5, 2024 Page 3 2024-1460 BC0016 public testimony was offered concerning this matter. Commissioner James moved to approve Code Ordinance #2024-07 on Second Reading. The motion was seconded by Commissioner Freeman and it carried unanimously. • PLANNING: 1) CONSIDER TERMINATION OF ROAD MAINTENANCE AGREEMENT FOR USE BY SPECIAL REVIEW PERMIT, USR19-0015 - H2S2, LLC: Jazmyn Trujillo -Martinez, Department of Planning Services, requested the Board terminate the Road Maintenance Agreement for Use by Special Review Permit, USR19-0015, as the result of the vacation of the USR on May 13, 2024. Commissioner Freeman moved to terminate said agreement. The motion was seconded by Commissioner James and it carried unanimously. le At the acceptance by Chair Ross, Commissioner James moved to increase the 15 -minute time limit under 'Public Comment' to 30 minutes. The motion was seconded by Commissioner Buck and it carried unanimously. —�-- PUBLIC COMMENT: 1) Dusty Johnson, Fort Morgan resident, offered her comments to the Board, with response from various Commissioners. e 2) Roni Sylvester, Town of LaSalle resident, offered her comments to the Board, with response from Commissioners James and Saine. El 3) Scott Shuman, Town of Eaton resident, offered his comments to the Board, with response from Commissioner Buck. • 4) Edwin Grant, City of Greeley resident, offered his comments to the Board. RESOLUTIONS AND ORDINANCES: The Resolutions were presented and signed as listed on the Consent Agenda. Code Ordinance #2024-07 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 9:39 a.m. Minutes, Wednesday, June 5, 2024 Page 4 2024-1460 BC0016 These Minutes were approved on the 19th day of June, 2024. BOARD OF COUNTY COMMISSIONERS WELD COUN ATTEST: Weld County Clerk to the Board BY: 1 Deputy Clerk to the Boar Lori Saine Kevin D. Ross, Chair Perry . Bu c;; Pro-Tem ike Freeman ott K. James Minutes, Wednesday, June 5, 2024 Page 5 2024-1460 BC0016 EXHIBIT RESOLUTION A RE: APPROVE DECLARING WELD COUNTY TO BE A "TENTH AMENDMENT SANCTUARY COUNTY" WHEREAS, the Board of 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 Art III.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 Art III.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 2024-* BC0058 DECLARING WELD COUNTY TO BE A "TENTH AMENDMENT SANCTUARY COUNTY" PAGE 2 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 Aw, and WHEREAS, Weld County will accrue significant production loss due A 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 maybe 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that 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. 2024, BC0058 DECLARING WELD COUNTY TO BE A "TENTH AMENDMENT SANCTUARY COUNTY" PAGE 3 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of June, A.D., 2024. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Kevin D. Ross, Chair Weld County Clerk to the Board Perry L. Buck, Pro-Tem BY: Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney Date of signature: Mike Freeman Scott K. James Lori Saine 2024-* BC0058 ATTENDANCE LIST (p/5/Z4 NAME - PLEASE PRINT 15GIBLY ADDRESS (CITY, STATE ZIP) EMAIL COUNTY OF RESIDENCE SPEAKING (YIN)? (YIN)? DIA-1 "5O14ilsa►, W0ZO3 MCC_ kA, Marct4_ �[ cLs.,, ,T,,e(04 �6Mir 1 ' tZon\ Sy Ives}ek ?p.&ax l55 - SoT Lb I QMa•i 7 Y` ' S cark S1nvKDACkin 3853ci cit.9 EaVon,co (A) -el Y t 04) c Hello