HomeMy WebLinkAbout20213220.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
WEDNESDAY, NOVEMBER 17, 2021
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, November 17, 2021, 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 Steve Moreno, Chair
Commissioner Scott K. James, Pro-Tem
Commissioner Perry L. Buck
Commissioner Mike Freeman
Commissioner Lori Saine
Also present:
County Attorney, Bruce Barker
Acting Clerk to the Board, Houstan Aragon
Controller, Chris D'Ovidio
.. = MINUTES: Commissioner Buck moved to approve the Minutes of the Board of County
Commissioners meeting of November 3, 2021, as printed. Commissioner James seconded the motion,
and it carried unanimously.
PUBLIC INPUT: Steve Hall, Town of Severance resident, read Exhibit "A" titled, "The Lesser
Magistrate Doctrine: A Sword Against Unjust Edicts and Tyranny" by Pastor Matt Trewhella, for the
record. Steven Grant, City of Evans resident, submitted Exhibit "B", a vaccination flyer, for the record,
which he received in the mail. Mr. Grant expressed he believes this is coercion and infringes on liberty.
Steve Teets, City of Greeley resident, expressed his concerns regarding graffiti related to gangs in the
Greeley area. He also discussed homelessness in Weld County and the 'right to shelter' to help further
the initiative of housing for the homeless, and suggested a regional transportation system to
accommodate the growing population of Weld County. Commissioner Saine stated the concerns received
today have been heard and as a government agency, public information presented needs to remain
neutral.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
CONSENT AGENDA: Commissioner James moved to approve the Consent Agenda, as printed.
Commissioner Saine seconded the motion, and it carried unanimously.
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• PROCLAMATIONS:
1) WELD COUNTY ADOPTION DAY - NOVEMBER 19, 2021: Chair Moreno read the proclamation for
the record. Jaime Ulrich, Director of the Department of Human Services, stated this is the twenty-first
year the County has celebrated Adoption Day and fifteen children will be adopted to their families this
year. She introduced Department of Human Services staff members and expanded upon the vital role
they play in the adoption process. Commissioner James shared he is an adoptive parent and expressed
the importance of celebrating the `Gotcha Day,' which is the day a family adopts a child. Commissioner
Buck stated in 2016, only 16% of adoptions in Colorado were finalized, which has risen to 42% in 2021;
since 2000, over 902 finalized adoptions of children have been completed by the Weld County
Department of Human Services; in 2020, approximately 800 youth and children that had been in foster
care were adopted in the State of Colorado; and by the end of 2021, it's estimated over 30 children will
be adopted in Weld County. Each of the Commissioners thanked staff for their hard work and devotion
to serving the citizens of Weld County. (Clerk's Note: The group gathered for a photo opportunity.)
• WARRANTS:
1) GENERAL WARRANTS - NOVEMBER 15, AND 16, 2021: Commissioner Buck moved to approve
the General Warrants, as printed. Commissioner James seconded the motion and it carried unanimously.
• 2) GREELEY-WELD COUNTY AIRPORT AUTHORITY WARRANTS - NOVEMBER 16, 2021:
Commissioner Freeman moved to approve the Greeley -Weld County Airport Authority Warrants, as
printed. Commissioner James seconded the motion, and upon a roll call vote, the motion passed four (4)
to one (1), with Commissioner Saine opposed.
BIDS:
1) PRESENT BID #B2100139, DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT LIGHT
POLE REPLACEMENT - FACILITIES DEPARTMENT: Rob Turf, Purchasing Department, stated five (5)
bids were received and the Facilities Department will review and make a recommendation for approval
on December 6, 2021.
El NEW BUSINESS:
1) CONSIDER CONTRACT ID #5294 INDIVIDUAL PROVIDER CONTRACT FOR PURCHASE OF
FOSTER CARE SERVICES IN A FOSTER CARE HOME AND AUTHORIZE CHAIR TO SIGN —
DONALD AND JENNIFER TUPPER: Ms. Ulrich stated the contract is for a new kinship care home in
Firestone, Colorado. Commissioner Buck moved to approve said contract and authorize the Chair to sign.
The motion was seconded by Commissioner Saine and it carried unanimously.
= 2) CONSIDER CONTRACT ID #5298 MEMORANDUM OF UNDERSTANDING FOR SCHOOL
STABILITY FOR STUDENTS IN FOSTER CARE AND AUTHORIZE CHAIR TO SIGN - WELD COUNTY
SCHOOL DISTRICT RE -9: Ms. Ulrich stated the memorandum of understanding outlines collaboration
with Weld County School District RE -9 to make school placement decisions and share transportation
costs for students in out -of -home foster care placement. Commissioner Freeman moved to approve said
memorandum of understanding and authorize the Chair to sign. Seconded by Commissioner James, the
motion carried unanimously.
Minutes, Wednesday, November 17, 2021
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• 3) CONSIDER CONTRACT ID #5299 MEMORANDUM OF UNDERSTANDING FOR SCHOOL
STABILITY FOR STUDENTS IN FOSTER CARE AND AUTHORIZE CHAIR TO SIGN - WELD COUNTY
SCHOOL DISTRICT RE -10J: Ms. Ulrich stated the memorandum of understanding outlines collaboration
with Weld County School District RE -10J to make school placement decisions and share transportation
costs for students in out -of -home foster care placement. Commissioner James moved to approve said
memorandum of understanding and authorize the Chair to sign. Seconded by Commissioner Buck, the
motion carried unanimously.
4) CONSIDER CONTRACT ID #5342 MEMORANDUM OF UNDERSTANDING FOR SCHOOL
STABILITY FOR STUDENTS IN FOSTER CARE AND AUTHORIZE CHAIR TO SIGN - WELD COUNTY
SCHOOL DISTRICT RE -4: Ms. Ulrich stated the memorandum of understanding outlines collaboration
with Weld County School District RE -4 to make school placement decisions and share transportation
costs for students in out -of -home foster care placement. Commissioner Buck moved to approve said
memorandum of understanding and authorize the Chair to sign. Seconded by Commissioner Freeman,
the motion carried unanimously.
• 5) CONSIDER CONTRACT ID #5354 MEMORANDUM OF UNDERSTANDING FOR SCHOOL
STABILITY FOR STUDENTS IN FOSTER CARE AND AUTHORIZE CHAIR TO SIGN - WELD COUNTY
SCHOOL DISTRICT RE -2: Ms. Ulrich stated the memorandum of understanding outlines collaboration
with Weld County School District RE -2 to make school placement decisions and share transportation
costs for students in out -of -home foster care placement. Commissioner James moved to approve said
memorandum of understanding and authorize the Chair to sign. Seconded by Commissioner Saine, the
motion carried unanimously.
• 6) CONSIDER CONTRACT ID #5380 MEMORANDUM OF UNDERSTANDING FOR SCHOOL
STABILITY FOR STUDENTS IN FOSTER CARE AND AUTHORIZE CHAIR TO SIGN - WELD COUNTY
SCHOOL DISTRICT RE -7: Ms. Ulrich stated the memorandum of understanding outlines collaboration
with Weld County School District RE -7 to make school placement decisions and share transportation
costs for students in out -of -home foster care placement. Commissioner Freeman moved to approve said
memorandum of understanding and authorize the Chair to sign. Seconded by Commissioner Buck, the
motion carried unanimously.
7) CONSIDER CONTRACT ID #5368 EXPENDITURE AUTHORIZATION AND WORK PLAN FOR
ADDITIONAL TRADE ADJUSTMENT ASSISTANCE (TAA) CASE MANAGEMENT GRANT FUNDS
(FY 2020) AND AUTHORIZE CHAIR TO SIGN ELECTRONICALLY: Ms. Ulrich stated Employment
Services of Weld County received additional TAA grant funds to support a wide array of reemployment
case management services and training. In response to Chair Moreno, Ms. Ulrich confirmed the
additional funds amount to $20,000.00. Commissioner Buck moved to approve said expenditure
authorization and work plan, and authorize the Chair to sign electronically. The motion, which was
seconded by Commissioner Saine, carried unanimously.
8) CONSIDER CONTRACT ID #5369 EXPENDITURE AUTHORIZATION AND WORK PLAN FOR
TRADE ADJUSTMENT ASSISTANCE (TM) CASE MANAGEMENT GRANT FUNDS (FY 2021) AND
AUTHORIZE CHAIR TO SIGN ELECTRONICALLY: Ms. Ulrich stated Employment Services of
Weld County received $14,659.00 in TAA grant funds to support reemployment case management
services and training. Commissioner Buck moved to approve said expenditure authorization and work
plan, and authorize the Chair to sign electronically. The motion, which was seconded by Commissioner
James, carried unanimously.
Minutes, Wednesday, November 17, 2021
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9) CONSIDER TEMPORARY CLOSURE OF CR 34 BETWEEN NORTH FRONT ST AND CR 29:
Amy Mutchie, Department of Public Works, stated the road closure is from December 6, 2021, through
December 10, 2021, for the replacement of an irrigation culvert, and water will be used for dust control
along the detour route. Commissioner Freeman moved to approve said temporary road closure.
Commissioner James seconded the motion and it carried unanimously.
10) CONSIDER TEMPORARY CLOSURE OF CR 48 BETWEEN CRS 1 AND 3: Ms. Mutchie stated
the road closure is from December 13, 2021, through December 17, 2021, for the replacement of an
irrigation culvert, and water will be used for dust control along the detour route. Commissioner James
moved to approve said temporary road closure. Commissioner Saine seconded the motion and it carried
unanimously.
MI 11) SECOND READING OF CODE ORDINANCE #2021-17, 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): Commissioner Freeman moved to
read Code Ordinance #2021-17 by title only, the motion was seconded by Commissioner James, and it
carried unanimously. Bruce Barker, County Attorney, read the title for the record. Jason Maxey, Director
of the Department of Oil and Gas Energy, referenced the changes proposed at First Reading and stated
an operator contacted the department regarding lighting and Best Management Practices thereof to
maintain compliance with said lighting standards, but at this time, there are no revisions suggested
regarding lighting. No public testimony was offered concerning this matter. Commissioner Saine moved
to approve Code Ordinance 2021-17 on the Second Reading. The motion was seconded by
Commissioner Buck and it carried unanimously.
12) SECOND READING OF CODE ORDINANCE #2021-18, IN THE MATTER OF REPEALING
AND REENACTING, WITH AMENDMENTS, CHAPTER 7 EMERGENCY MEDICAL SERVICES, OF
THE WELD COUNTY CODE: Commissioner Freeman moved to read Code Ordinance #2021-18 by title
only, the motion was seconded by Commissioner James, and it carried unanimously. Mr. Barker read the
title for the record and further stated there have been no changes between First and Second Readings.
No public testimony was offered concerning this matter. Commissioner James moved to approve Code
Ordinance #2021-18 on Second Reading. The motion was seconded by Commissioner Buck and it
carried unanimously.
13) SECOND READING OF CODE ORDINANCE #2021-20, IN THE MATTER OF REPEALING
AND REENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION, OF THE WELD COUNTY
CODE (MINERAL LEASING POLICY): Commissioner Freeman moved to read Code Ordinance
#2021-20 by title only, the motion was seconded by Commissioner James, and it carried unanimously.
Mr. Barker read the title for the record and stated there have been no changes between First and Second
Readings. No public testimony was offered concerning this matter. Commissioner Buck moved to
approve Code Ordinance #2021-20 on Second Reading. The motion was seconded by Commissioner
Saine and it carried unanimously.
14) FINAL READING OF CODE ORDINANCE #2021-14, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 20 IMPACT FEES, OF THE WELD COUNTY CODE:
Commissioner James moved to read Code Ordinance #2021-14 by title only, the motion was seconded
by Commissioner Freeman, and it carried unanimously. Mr. Barker read the title for the record.
Elizabeth Relford, Deputy Director of the Department of Public Works, explained the purpose for the
Impact Fee Study is to create a rational nexus for the fees identified, and stated the fees collected in a
specific district will be applied to that same district. Ms. Relford further discussed the drainage impact fee
Minutes, Wednesday, November 17, 2021
Page 4
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increase and County facility fees, and stated the Commissioners are not considering the actual fee
amounts as part of this Ordinance. She confirmed no changes have been made between First and
Second Readings. No public testimony was offered concerning this matter. Chair Moreno stated the
Board is considering placing the findings of the study into the Code, not revising the fees themselves.
Commissioner Freeman moved to approve Code Ordinance #2021-14 on Final Reading. The motion was
seconded by Commissioner James, and upon a roll call vote, the motion passed four (4) to one (1), with
Commissioner Saine opposed.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinances #2021-17, #2021-18, and #2021-20 were approved on Second
Reading, and #2021-14 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 9:48 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: aj1p;o�+,
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
Steve ,'reno, - _ it
Scot mes, Pro -T
Perry L. Bu
EXCUSED DATE OF APP AL
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Minutes, Wednesday, November 17, 2021
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The Lesser Magistrate Doctrine:
A Sword Against Unjust Edicts and Tyranny
by Pastor Matt Trcwhella
ExHIBIT
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Many Americans seem to know that America's founders gave us three boxes through which we
can resist tyranny, namely - the ballot box, the jury box, and the cartridge box. But a
lesser -known tool which the founders themselves employed is the lesser -magistrate doctrine.
Simply put, the lesser -magistrate doctrine declares that - when a magistrate, who is lower in
authority than another higher authority, opposes and/or resists the unjust orders or laws of the
higher authority, he is justified in doing so and his actions are morally right, proper, and
legitimate.
For example, if Congress or the President makes an unjust or immoral edict, a state legislature or
the governor could stand in defiance of their unjust edict and refuse to obey or implement it.
They could in fact actively oppose it. Or for that matter, a city council or mayor could act in
defiance or opposition of an unjust edict by a higher authority.
The lesser -magistrate doctrine became important to Christian men during the Reformation,
though it had been spoken of and practiced prior to that by Christians. For example, the Magna
Carta was written by a group of barons (lesser -magistrates) who had the tyrant King John of
England sign it in the year 1215 at Runneymede, which is located southwest of London.
This great document which stands in defiance of tyranny and oppression by making clear that the
State has limitations and that all are subject to the law — people and state officials alike - was
penned by Christian men.
Calvin spoke of the lesser -magistrate doctrine in his Institutes of the Christian Religion.
Amazingly, he did not appeal to Scripture in his support of it, rather he appealed to pagan
historical examples. But other Reformers did give a Scriptural foundation to the doctrine.
John Knox for example, in his Appellation written to the nobles of Scotland in 1558, cites many
passages to support the doctrine. Knox wrote his appellation (appeal) to the nobles because the
Roman church had condemned him and burned him in effigy. He wrote to declare to the nobles,
as lesser -magistrates, their responsibility in protecting the innocent and opposing those who had
made unjust decrees.
Knox makes it clear that it is the duty of lesser -magistrates to resist the tyranny of chief
magistrates when the chief magistrate exceeds his God-given authority or actually makes
declarations which are in rebellion to the law of God.
He exhorts the nobles (lesser -magistrates) in his Appellation, "You are bound to correct and
repress whatsoever you know him (the higher magistrate) to attempt expressly repugning to
God's word, honor, glory, or what you shall espy him to do against his subjects great or small."
Some of the Scripture texts Knox cites to expound on the lesser -magistrate doctrine are Daniel 3;
I Kings 12; II Kings 11; and Jeremiah 26:10-16; 36:9-31; 37:11- 21 & 39:7-10.
The lesser -magistrate doctrine had a huge impact upon the thinking of our founders, and upon
our nation's people regarding government and law. We however live in the midst of a statist,
slave -like people where such thinking has long been forgotten. The magistrates themselves know
nothing of this doctrine today because the pulpits have long been silent regarding it.
If ever this nation needs to understand the lesser -magistrate doctrine, it is now. Immoral and
unjust edicts are commonplace. The preborn are being murdered, and sodomy is being
proliferated. The assault upon our freedom and liberties is a daily undertaking by those in high
office. The attacks upon the law of God are ferocious and relentless.
In our nation today, the State has declared good to be evil and evil to be good. The
lesser -magistrate has a duty before God to uphold the good regardless of the new definitions
created by the State.
We must remember that all authority is delegated. No man who holds State office rules
autonomously. The authority he has is delegated to him by God. Hence, all those in positions of
authority stand accountable to God. This is why the practice of the church historically has been —
when the State commands that which God forbids or forbids that which God commands, we have
a duty to obey God rather than man. The Bible clearly teaches this principle.
The lesser -magistrate is to apply this principle to his office as magistrate. When an unjust edict is
made by a higher authority, the lesser -magistrate must choose to either join the higher magistrate
in his rebellion against God, or stand with God in opposition to the unjust edict.
As our nation sinks more and more into rebellion and depravity, the lesser -magistrate doctrine
needs to be taught more than ever. May the Lord grant us the strength and favor to do so.
Matt Trewhella is the pastor of Mercy Seat Christian Church and the founder of Missionaries to
the Preborn. He and his wife Clara have eleven children. For a more in-depth look at the
lesser -magistrate doctrine, you can go to MercySeat.net and listen to the sermon entitled The
Lesser -Magistrate Doctrine. Click on `sermons' and then go to the government, tyranny, or
historical sections.
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