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HomeMy WebLinkAbout20050752.tiff CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4226 FAX: (970) 352-0242 P. O. BOX 758 O GREELEY, COLORADO 80632 • COLORADO February 25, 2005 Bendelow Law Firm, P.C. Attn: Ted Bendelow 1120 Lincoln Street, Suite 1000 Denver, Colorado 80203-2138 RE: Public Records Request - East 1-25 Sanitation District Dear Mr. Bendelow: In response to your letter, dated February 22, 2005, I have enclosed the copies of the various documents you requested from the original file found in the office of the Clerk to the Board on February 25, 2005. Carol Harding, Office Manager, provided you with copies of the e-mail correspondence found on her system,and County Attorney,Bruce Barker,indicated he will forward copies of his correspondence and a Confidentiality Log of correspondence between himself of the Board of Commissioners next week. I have received a written request from the Town of Mead, dated February 24, 2005, and a deposit, in the amount of$338, for a transcript and a copy of the tapes of the public hearing on February 14, 2005. At the request of your assistant, Nikko, those items will be forwarded to your office, on behalf of the Town of Mead. If you have questions or need additional information, please do not hesitate to contact me at(970) 336-7215, Extension 4226. Very truly yours, eat Esther E. Gesick Deputy Clerk to the Board Enclosure cc: Weld County Attorney Town of Mead 2005-0752 3 -7-aCos SDo09y 4(4 --611;44411" CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 P. O. BOX 758 O GREELEY, COLORADO 80632 COLORADO March 3, 2005 Bendelow Law Firm, P.C. Attn: Ted Bendelow 1120 Lingcoln Street, Suite 1000 Denver, CO 80203-2138 RE: East 1-25 Sanitation District documents Dear Mr. Bendelow: In reviewing the records regarding the proposed East 1-25 Sanitation District,Bruce Barker,County Attorney,discovered an Exhibit that was submitted at the Planning Commission hearing,which was inadvertently omitted from the case file that was forwarded to the Board of Commissioners. Said document has been added to the file as Exhibit 12 and noted on the Inventory of Items, copies of which are enclosed. If you have questions or need additional information, please do not hesitate to contact me at (970) 336-7215, Extension 4226, or Mr. Barker at (970)356-4000 X4390. Very truly yours, r�' ul1 Esther E. Gesick Deputy Clerk to the Board SThOC LI BENDELOW LAW FIRM, P.C. ATTORNEYS AND COUNSELORS AT LAW www.bendelow.net Edward M.Bendelow Stephen B.Johnson Kenneth R.Hope STEPHEN B. JOHNSON Priscilla S.Fulmer stevejohnson@bendelow.net Peter H.Ziemke Rebekah S.King February 22, 2005 Weld County Board of County Commissioners Donald D. Warden David Long, Commissioner Clerk to the Weld Co. BOCC Glenn Vaad,Commissioner 915 Tenth Street Rob Masden, Commissioner P.O. Box 758 William Jerke(At-Large), Commissioner Greeley,CO 80632 Mike Geile (At-Large),Commissioner 915 Tenth Street Bruce Barker P.O. Box 758 Weld County—County Attorney Greeley, CO 80632 915 Tenth Street P.O. Box 758 Voneen Macklin Greeley, CO 80632 Clerk to the Weld County Planning &Zoning Commission 918 Tenth Street Mika Monica Greeley, CO 80631 Weld County Planning Director 918 Tenth Street Greeley, CO 80631 RE: PUBLIC RECORDS REQUEST-EAST 1-25 SANITATION DISTRICT Dear Ladies and Gentlemen: This firm represents the Town of Mead. Pursuant to Sections 24-72-201 to -206, 7 C.R.S. (2004) (the Colorado Public Records Act), we request each of you, as public records custodians, the right to inspect and to be furnished copies of any public record maintained in your custody or control pertaining to the formation of the East I-25 Sanitation District ("District") and/or the approval of the District's Service Plan. The overall purpose of our request is to help understand the processes and communications leading up to the Beard of County Commissioners' approval of the District Service Plan at the meeting held on Monday, February 14, 2005. We are specifically interested in, but are not limiting our request to, all correspondence, public records, and writings with and between the District's Petitioners and any of the following: the Board of County Commissioners, the individual County Commissioners, the County Attorney, the County Planning Director, and all consultants and attorneys for or representing any of these entities or persons. Additionally, we request all correspondence, public records, and writings regarding the approval of the District, the resolution formalizing approval of the District, any draft resolutions created prior to approval of the final resolution, agendas, minutes, etc. We appreciate that certain of these documents have already been informally produced and we intend by this request to ensure that we have inspected all documents pertaining to the formation of the District and/or approval of the Service Plan. For the purposes of this request, the term "public records" means and includes all writings received, made, or kept by your offices for use in the exercise of functions required or authorized by law or — 1120 Lincoln Street•Suite 1000•Denver,CO 80203-2138 •(303)837-9600•Fax(303)860-0311 101 E.Colorado Ave.,#201A•P.O.Box 726•Telluride,CO 81435•(970)728-4300•Fax(970)728-5955 79050 US Hwy.40•Suite 202C•P.O.Box 67•Winter Park,CO 80482•(970)726-06(X)•Fax(800)883-9045 BENDELOW LAW FIRM, P.C. ATTORNEYS AND COUNSELORS AT LAW www.bendelow.net February 22, 2005 Page 2 administrative rule or involving the expenditure of public funds as well as the definition provided in section 24-72-202(6). For purposes of this request the term "writings" shall include all recordings, including electronic and/or written agendas, minutes, or recordings made pursuant to the Colorado Sunshine Law, sections 24-6-101 to -402, books, papers, maps, photographs, cards, tapes, or other documentary materials, regardless of physical form or characteristics, as well as the definition provided in section 24-72-202(7). For the purposes of this request, the term "correspondence" means a communication that is sent to or received by one or more specifically identified individuals and that is or can be produced in written form, including, without limitation: (a) communications sent via U.S. mail; (b) communications sent via private courier; and (c) communications sent via electronic mail. This public records request includes excerpts of calendars, day-minders, schedules, phone logs, and /or message pads, identifying meetings, calls, or communications by any elected or appointed Weld County officials identified above with the District Petitioners, whether kept on behalf of the individual custodians identified above, or on their behalf as an entity, as well as the definition provided in section 24-72-202(1). For purposes of this request, the term "District Petitioners" means and refers to the nine property owners (Ken and Connie Williamson, Ray and Alma School, Nick Sekich, Tom Reynolds, Merle Maass, Bill and Gary Woods,Don and Scott Owen, and Ed Kanemoto for Larry Miller) within the proposed East I-25 Sanitation District, and any of their attorneys, engineers, consultants, financial or bond advisors, and any of their employees or agents. You are hereby requested to set a date and hour within three (3) working days after receipt of this letter at which time the records will be made available for inspection and to promptly notify us of the date and hour of such inspection opportunity. We will personally conduct the inspection at such time, or at any other mutually convenient time. Should you deny access to any particular record or writing, you are requested, pursuant to section 24-72- 204(4), to identify such record by author, date, general subject matter, and title and to provide a written statement of grounds for denial citing the law or regulation pursuant to which access is denied. Please contact Ted Bendelow at (303)837-9600 to arrange for the inspection. Thank you for your attention to this matter. Very truly yours, BENDELOW LAW FIRM, P.C. �� 6Q≥ *s Stephen B. Johnson cc: Town of Mead F:\Mead,Town of\5327.01\Correspondence\2005-02-22 CORA request.doc 1120 Lincoln Street•Suite 1000•Denver,CO 80203-2138•(303)837-9600•Fax(303)860-0311 101 E.Colorado Ave.,#201A•P.O.Box 726•Telluride,CO 81435•(970)728-4300•Fax(970)728-5955 79050 US Hwy.40•Suite 202C•P.O.Box 67•Winter Park,CO 80482•(970)726-0600•Fax(800)883-9045 BENDELOW LAW FIRM, P.C. ATTORNEYS AND COUNSELORS AT LAW www.bendelow.net Edward M.Bendelow OStephen B.Johnson er COUNSEL Kenneth R.Hope Peter H.Ziemke Rebekah S.King Peter B.Scott EDWARD M. BENDELOW tedbendelow@bendelow.net April 7, 2005 Weld County Board of County Commissioners Donald D. Warden David Long, Commissioner Clerk to the Weld Co. BOCC Glenn Vaad, Commissioner 915 Tenth Street Rob Masden, Commissioner P.O. Box 758 William Jerke (At-Large), Commissioner Greeley, CO 80632 Mike Geile (At-Large), Commissioner 915 Tenth Street Bruce Barker P.O. Box 758 Weld County— County Attorney Greeley, CO 80632 915 Tenth Street P.O. Box 758 Voneen Macklin Greeley, CO 80632 Clerk to the Weld County Planning & Zoning Commission Mika Monica 918 Tenth Street Weld County Planning Director • Greeley, CO 80631 918 Tenth Street P.O. Box 758 Greeley, CO 80631 RE: PUBLIC RECORDS REQUEST- EAST 1-25 SANITATION DISTRICT Dear Ladies and Gentlemen: At the expense of stating the obvious, our Record Requests dated February 22, 2005 and March 10, 2005 are a continuing request for any documents or correspondence relating to this matter. Please let me know if you believe we need to file updated requests and I will file them monthly. If so, please consider this as the first updated request. Respectfully, BENDELOW LAW FIRM, P.C. Edward M. Bendelow EMB:nrp c: Town of Mead ' 1120 Lincoln Street•Suite 1000•Denver,CO 80203-2138•(303)837-9600.Fax(303)860-0311 101 E.Colorado Ave.,#201 A•P.O. Box 726•Telluride,CO 81435•(970)728-4300•Fax(970)728-5955 79050 US Hwy.40•Suite 202C•P.O. Box 67•Winter Park,CO 80482-(970)726-0600•Fax(800)883-9045 Hello