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WELD COUNTY COUNCIL
March 18, 2013
The Weld County Council met in regular session in full conformity with the Weld County Home
Rule Charter, Monday, March 18, 2013, 6:30 p.m. at the Weld County Administration Building,
Greeley, CO.
ROLL CALL: The meeting was called to order by President Mueller and on roll call the
following members were present, constituting a quorum of members thereof:
Councilman Don Mueller
Councilwoman Marge Klein
Councilman Brett Abernathy
Councilman Bernard C. Kinnick
Councilman Jeffrey T. Hare
Also present: Weld County Attorney Bruce Barker and Karleen Watson, Council Secretary.
APPROVAL OF AGENDA: Councilman Abernathy made a motion to approve the March 18,
2013 agenda. The motion was seconded by Councilman Kinnick and carried.
APPROVAL OF DOCUMENTATION: Councilman Kinnick made a motion to approve
Resolutions 196, 197 and 198. The motion was seconded by Councilman Abernathy and
carried.
APPROVAL OF MINUTES: Councilman Abernathy made a motion to approve the
February 11, 2013 minutes. The motion was seconded by Councilwoman Klein and carried
with exception of Jeffrey T. Hare, who abstained.
Councilman Abernathy made a motion to approve the March 4, 2013 Special Meeting minutes
with the change of Resolution 195 to be Resolution 199. The motion was seconded by
Councilman Kinnick and carried.
REVIEW PROGRAM: Weld County Attorney Bruce Barker addressed the Council regarding
the issue of term limits. Mr. Barker provided his opinion and a PowerPoint presentation
regarding two elected officials, Weld County Clerk and Recorder Steve Moreno and Sheriff
John Cooke. Mr. Barker briefly explained what a term limit is and who it applies to regardless
of their performance in office. Mr. Barker provided a history of the state constitution, statutes
and charter analysis as they relate to term limits. Mr. Barker stated that he does not think that
a Court needs to decide the issue. Mr. Barker concluded that the Weld County voters have not
enabled the Clerk and Recorder or Sheriff to run for a fourth term. Mr. Barker discussed the
possibility of the appointment of a Designated Election Official by the Board of County
Commissioners due to Steve Moreno's conflict of interest.
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2013-0982
Weld County Council Minutes
March 18, 2013
Page 2 of 2
PUBLIC COMMENT:
Gene Stille: Stated he was on the Weld County Council in 2007 when the Ad Hoc Committee
created and the intent was just three terms.
Jack Ewald: Asked why the Treasurer is not included in term limitations. Mr. Barker stated that
the Treasurer was changed to an appointed position in 2001.
Carol Burkhart: Remembers that the extension in terms was not meant to be the beginning of
a five- term. In favor of another charter amendment for next general election and a DEO
should be appointed to make sure it is a neutral election.
Joe Perez: He felt that he voted that the terms be extended from a two term limit to a third
term limit. He would support Mr. Barker.
OLD BUSINESS:
Set meeting review planners for September, October and November. Councilman Abernathy
made a motion for the September program to be Mike Wallace with Marge Klein as review
planner, Regional Communications Center Director; October program to be Eric Berglund from
Upstate Colorado in the Southwest office and review planner to be Don Mueller; and
November to be Dr. Mark Wallace from Public Health with review planner to be Don Mueller.
The motion was seconded by Councilwoman Klein and carried.
NEW BUSINESS:
Coordinator Reports - None at this time.
Councilman Abernathy began a discussion regarding term limitations and the duty of the
Council. It was decided that the Council will follow-up next month as a continuation of term
limitation discussion under old business.
ADJOURNMENT: By acclamation, the
March 18, 2013
was ad'oar�"ei d at 8:10 p.m.
Council Secr Karleen Watson
RECEIVED
APR 16 2013
WELD COUNTY
COMMISSIONERS
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