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HomeMy WebLinkAbout751099.tiff AGENDA WELD COUNTY HOME RULE CHARTER COMMISSION 31st Regular Meeting April 29, 1975 1. CALL TO ORDER 2. INVOCATION 3. ROLL CALL 4. MINUTES (April 17, 1975 and April 22, 1975.) 5. INTRODUCTION OF GUESTS - (To our Guests: Our meetings are open to the public and we welcome you. All debate is by the Charter Commission members only. Audience participation is solicited for public hearings at a later date.) 6. UNFINISHED BUSINESS 7. CHARTER DRAFTING - SECOND READING OF CHARTER 1. Drafting Committee Report - Mr. Bain 8. NEW BUSINESS 9. ANNOUNCEMENTS - REPORTS OF COMMITTEES Public Relations - Mrs. Clark 10. ADJOURNMENT NEXT REGULAR MEETING - THURSDAY, May 1, 1975 - 7:30 P.M. 75- 109'? . MINUTES HOME RULE CHARTER COMMISSION APRIL 29, 1975 Tapes #30 & #31 31st Regular Meeting The Home Rule Charter Commission of Weld County, Colorado, met in session in full conformity with the law and by-laws of said Commission at the meeting room of the Weld County Public Health Building, Greeley, Colorado, on Tuesday, April 29, 1975, at the hour of 7;30 P.M. INVOCATION: Charter Commission member, Mr. Ralph E. Waldo, Jr., opened the meeting with the invocation. ROLL CALL: In the temporary absence of the Chairman, J. L. Johnson, the meeting was called to order by Mr. Glen R. Anderson, and 19 of the 21 members were present, constituting a quorum of the members thereof. Those present were: At Large: John Chuck Carlson Ralph E. Waldo, Jr. Edward L. Dunbar District #1; District #2; District #3: Glenn K. Billings Glen R. Anderson Philip G. Bowles Norman Brown J. L. Johnson Donald E. Altergott Bob E. White William H. Southard Walter L. Bain John L. Weigand George H. Brooks Ruben Schissler Edwin Lesh W. E. Rosenoff Nancy C. Clark Harold Fahrenbruch Also present was the Legal Counsel for the Commission, Mr. William West. Those absent were: District #3: Charley Baumgartner John T. Martin MINUTES: The minutes for the April 17, 1975 meeting were submitted in rough draft. Motion by Mr. Bain, seconded by Mr. Southard, to: Accept the minutes as presented. Motion carried unanimously. UNFINISHED BUSINESS; Mr. West -- Legal Counsel Mr. West, giving a report on the three year residency requirements that now exist in the Charter, stated, that in his opinion, they would be unconstitutional. He recommended a one year requirement. He also recommended an age limit of 21. es -2- Motion by Mr. Southard, seconded by Mr. Bain, to: Insert 'one year' in lieu of the three year residency requirements for all elected offices. Motion carried unanimously. Motion by Mr. Brown, seconded by Mr. Weigand, tot Insert an age limit of 21 years of age, for all elected offices. Motion carried. Those voting no were; Mr. Brooks Mr. Bowles Motion by Mr. Weigand, seconded by Mr. Dunbar, to; Accept the number of 250 registered electors signing circulated petitions. Motion withdrawn. Motion by Mr. Weigand, seconded by Mr. Carlson, tot Accept the number of 200 registered electors signing circulated petitions. Motion carried unanimously. Motion by Mrs. Clark, seconded by Mr. Brooks, to: Change 'forty-fifth day' to seventy and to change 'twenty-fifth day' to forty on page 55A, line 9, Section 13 - 9, (2). Amendment by Mr. Waldo, seconded by Mr. Brooks, tot Change 'seventy' to ninety and to change 'forty-fifth' to ninety days. Amendment carried. Those voting no were; Mr. Dunbar Motion by Mrs. Clark, as amended, carried. Those voting no were; Mr. Dunbar Mr. West will research whether it is legal to require a person signing a petition to be a registered elector. Motion by Mr. Southard, seconded by Mrs. Clark, to; Strike 13 - 9, (8), (b), and 13 - 9, (9), (a), and (b), on page 55C and 55D. Motion carried unanimously. Mr. Anderson, as temporary Chairman, directed Section 13 - 10 back to the Drafting Committee. A sentence will be added at the end of Section 14 - 4, which will read: The audit shall be available for inspection in the office of the Clerk to the Board of County Commissioners. Motion by Mr. Weigand, seconded by Mr. Schissler, to: Add to Section 14 - 7, (2), (c), page 60, line 4: 'official notification or other publication as prescribed by the rules and regulations of the Board. Motion carried unanimously. Motion by Mr. Bain, seconded by Mr. Waldo, to: Adopt Article IXV as amended. Motion by Mr. Waldo, seconded by Mr. Weigand, to: Adopt the policy that any increase in the ad valorem tax, over and above 57, in one year would have to go to a vote of the people. Motion carried. Those voting no were: Mr. Billings Mr. Bowles Mr. Altergott Mr. Bain • -3- Motion by Mrs. Clark, seconded by Mr. Dunbar, to: Rewrite Section 14 - 7, (2), (a), to read: (2) Increased Levy -- procedure (a) If the Board be of the opinion, the amount of tax limited by the preceeding Section will be insufficient for the County needs for the current year, it may submit the question of an increased levy to the qualified electors of the county or other taxing district at a general or special election called for the purpose and in the manner provided by law or this Charter for calling special elections in the County. Motion carried unanimously. Motion by Mr. Bain, to adopt Article RIV carried unanimously. Motion by Mr. Brooks, seconded by Mr. Rosenoff, to: Strike Section 15 - 3, (1). Motion failed. Those voting yes were: Mr. Anderson Mr. Brooks Mr. Rosenoff Mr. Bowles Motion by Mrs. Clark, seconded by Mr. Lash, to: Delete 'for (6 months) one year.' Motion carried. Those voting no were: Mr. Waldo Mr. Brooks Mr. Rosenoff Mr. Fahrenbruch Mr. Schissler CONTINUE MEETING: Motion by Mr. Brooks, seconded by Mr. Anderson, to continue the meeting. Motion carried unanimously. Motion by Mr. Brooks, seconded by Mr. Rosenoff, to: Delete 'no other election on recall of that same officer may be held for at least one year, ' in lines 13 and 14, Section 15 - 3, page 62. Motion failed. Those voting yes were: Mr. Brooks Mr. Rosenoff Motion by Mrs. Clark, seconded by Mr. Bain, to: Change 20% to 10% on line 4, page 63, Section 15 - 3, (2). Motion withdrawn. Motion by Mr. Brown, seconded by Mr. Billings, to: Substitute the word retained for the word recalled on line 4, page 66, Section 15 - 3, (7). Motion carried. Those voting no were: Mr. Waldo Mr, Rosenoff Mr. Bain The Chairman directed all of Section 15 - 3, (7) to the Drafting Committee for clarification. Motion by Mr. Brown, seconded by Mr. Southard, to: Change 20% to 5%, in line 28, page 67, Section 15 - 4, (1), (a). Motion carried unanimously. -4- Motion by Mrs. Clark, seconded by Mr. Waldo, to: Change 21 days to 30 days on page 68, line 1. Motion failed (Not an 11 vote majority). Those voting no were: Mr. Carlson Mr. Dunbar Mr. Billings Mr. Brown Mr. Johnson Mr. Fahrenbruch Mr. Schissler Motion by Mr. Brown, seconded by Mr. White, to: Change one year to two years, on page 71, line 3, Section 15 - 4, (3), (c). Motion carried. Those voting no were: Mr. Rosenoff Mr. Bain Motion by Mr. Bain, seconded by Mr. Brown, to: Adopt Article XV as amended. Motion carried. Those voting no were: Mr. Brooks Motion by Mr. Brown, seconded by Mr. Leah, to: Add to Section 16 - 8, (c), the following -- (a) Members appointed for three year terms (b) No member shall serve no more than two terms on any one board. Amendment by Mr. Bain, seconded by Mrs. Clark, to: Add under (a), 'except as otherwise provided for in this Charter. ' Amendment failed. Those voting yes were: Mrs. Clark Mr. Bain Those abstaining were: Mr. Brooks Mr. Waldo Mr. Billings Amendment by Mr. Carlson, seconded by Mr. Schissler, to: Add 'two consecutive terms' under (b). Amendment carried. Those voting no were: Mrs. Clark Mr. Johnson Motion by Mr. Brown, as amended, carried. Those voting no were: Mr. Southard Mr. Bain Motion by Mr. Southard, to: Discontinue drafting. Motion died for lack of a second. Motion by Mr. Bain, seconded by Mr. Dunbar, to: Adopt Article XVI as amended. Motion carried unanimously. Motion by Mr. Bain, seconded by Mr. Dunbkr, to: Adopt Article XVII as presented. • -5- ?lotion by Mr. Brown, seconded by Mr. Weigand, to: Refer Section 17 - 1 to Legal Counsel (for a possible motion later). Motion carried unanimously. Motion by Mr. Bain carried unanimously. Motion by Mr. Bain, seconded by Mrs. Clark, to: Adopt Article XVIII. Motion carried unanimously. NEW BUSINESS: Department of Planning and Zoning Services -- Mr. Weigand..-- New Drafting of Section 4 - 4. Motion by Mr. Weigand, seconded by Mr. Dunbar, tot Adopt the redrafting of Section 4 - 4. Motion carried unanimously. ?lotion by Mr. Dunbar, seconded by Mr. Brown, to: Adopt page 29A. Motion carried unanimously. Amendment by Mr. Brown, seconded by Mr. Weigand, tot Add to (2), 'environmental and economic impact statements and any other necessary informantion' . Motion withdrawn. Amendment by Mr. Brown, seconded by Mr. Waldo, to: Change (2) to read: 'the application shall include all information that may be required by the Board of County Commissioners for a determination of the application, including environmental impact and economic statements.' Motion carried unanimously. REPORTS OF COMMITTJtl_S: Drafting - There will be a meeting of the Drafting Committee on Thursday, May 1, 1975, at 6:45 P.M., in the Commissioners meeting room. There being no further business at this time, the meeting was adjourned at 12:15 A.M. Respectfully submitted, Approved as submitted this day of 1975. Secretary Hello