HomeMy WebLinkAbout20012510 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SEPTEMBER 5, 2001
TAPE #2001-36
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 Centennial
Center, Greeley, Colorado, September 5, 2001, 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 M. J. Geile, Chair
Commissioner Glenn Vaad, Pro-Tern
Commissioner William H. Jerke
Commissioner David E. Long
Commissioner Robert D. Masden
Also present:
Assistant County Attorney, Lee Morrison
Acting Clerk to the Board, Esther E. Gesick
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of August 29, 2001, as printed. Commissioner Long seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Long moved to approve the Certification of Hearing
conducted on August 29, 2001,as follows: 1)Change of Zone#558 from the A(Agricultural)Zone District
to the PUD (Planned Unit Development) Zone District, Percy Hamilton, do Intermill Land Surveying, Inc.
Commissioner Vaad seconded the motion, which carried unanimously.
ADDITIONS TO AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Masden moved to approve the consent agenda as printed.
Commissioner Jerke seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES,2000 COMPREHENSIVE INJURY SAFETY AWARD-BUILDINGS AND
GROUNDS DEPARTMENT: Chair Geile stated the Department of Buildings and Grounds decreased the
number of injuries at the work site by 50 percent, which has been a benefit to Weld County. Chair Geile
read the certificate recognizing the Department of Building and Grounds for its safety accomplishments,
and commended the management and supervisors. Steve Boeck was present to accept the award on
behalf of the Department.
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COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
PUBLIC INPUT: There was no public input.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $1,442,480.05
Electronic Transfers -All Funds $927,985.99
Commissioner Masden moved to approve the warrants as presented by Mr. Warden. Commissioner Long
seconded the motion, which carried unanimously.
BIDS:
PRESENT BIDS: Mr. Warden stated there are no bids to present.
NEW BUSINESS:
CONSIDER APPLICATION FOR 2002 LAW ENFORCEMENT ASSISTANCE FUND (LEAF) PROJECT
AND AUTHORIZE CHAIR TO SIGN: Ken Poncelow, Weld County Sheriffs Office, stated the Sheriff's
Office is submitting this application to the Colorado Department of Transportation requesting $48,403.00.
He stated the funds will be used for officer overtime, and new equipment. Mr. Poncelow stated a large
portion of traffic fatalities are drug and alcohol related, and they would like to provide more training and
enforcement. He stated they are also working with the alcohol distributors to provide training to alcohol
servers throughout the County. The bars are working with the Sheriff's Office to report incidents, and it
appears the current programs are resulting in a decreased number of drunk driving occurrences on the
highways. Mr. Poncelow stated there will be no dollar match by the County, and in response to
Commissioner Jerke,he stated if the grant is not received,the overtime pay will be covered by the Sheriff's
Office budget. He stated there are several other counties in the State doing the same thing, and the grant
will provide funding for three years to direct specific services toward DUI services. Mr.Warden stated the
Sheriff's Office also provides deputy overtime for other outside events with other agencies. He explained
if the grant stops, the overtime will be cut back, but it will not result in a layoff. Mr. Poncelow stated the
grant specifically requests that overtime be used rather than hiring an extra officer. In response to
Commissioner Vaad, Mr. Poncelow stated he is familiar with the training provided to alcohol servers. It
provides training to identify false identifications, recognize the level of intoxication, and how to deal with
patrons who are too drunk to care for themselves. Responding to Commissioner Masden, Mr. Poncelow
stated this program is coordinated through the new Community Resource Officers. He explained bars are
encouraged to keep a journal of any incidents and deputy visits. Since they began conducting incentive
programs based on performance, the number of violations and calls has decreased. Chair Geile
commented the efforts of the Sheriffs Office have resulted in a decreased number of Show Cause
hearings. Commissioner Vaad moved to approve said application and authorize the Chair to sign.
Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER TASK ORDER FOR MATERNAL AND CHILD HEALTH SERVICES AND AUTHORIZE CHAIR
TO SIGN: Mark Wallace, Director of Public Health and Environment, stated under this Task Order, the
County will receive money which will be used to provide prenatal and postpartum care, health screenings,
physical exams, immunizations,and services for children with special needs. He stated they work with the
State to prepare the plan, and for the services provided the Health Department will be reimbursed in the
amount of$114,823.00. He stated the funding amounts have been decreasing, yet staff is trying to keep
pace with the increasing needs of the public. In response to Commissioner Vaad, Dr.Wallace stated there
are many areas with these types of programs and they are working to become more efficient. He
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explained the State and national programs discourage nurses from addressing more than one issue in a
home during one visit; however, he continues to look for opportunities to streamline the process.
Responding to Commissioner Jerke, Dr. Wallace estimated they will assist approximately 250 women in
Weld County, and more than 200 children. He further stated this funding in minimal compared to the
amount of people assisted; however, there are other agencies stepping in to assist with the cost. Chair
Geile commended Dr.Wallace and the agencies working along with the County to coordinate these types
of programs. Commissioner Vaad moved to approve said task order and authorize the Chair to sign. The
motion, which was seconded by Commissioner Masden, carried unanimously.
CONSIDER TEMPORARY ROAD CLOSURE OF WELD COUNTY ROAD 43 BETWEEN 72 AND 74:
Frank Hempen, Jr., Director of Public Works, stated Weld County Road 43 was closed on August 27,
2001, to replace a culvert, and reopened on August 30, 2001. He explained the project had to be
completed prior to resurfacing the road next year. Commissioner Jerke moved to approve said temporary
closure. Commissioner Long seconded the motion, which carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A
PORTION OF WELD COUNTY ROAD 98 RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - LEE
AND LINDA NAUTA: Mr. Hempen stated this and the following item are related. He explained the parcels
are located adjacent to Weld County Roads 98 and 17, and these agreements are required as part of the
Recorded Exemption process. Mr. Hempen stated the adjacent property owners have been notified of the
proposal and have indicated no concerns. He further stated there is 60 feet of right-of-way to be
maintained, and Lee and Linda Nauta have met all of the routine requirements. Chair Geile clarified Mr.
and Mrs. Nauta were not present. Commissioner Jerke moved to approve said agreement and authorize
the Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A
PORTION OF WELD COUNTY ROAD 17 RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - RON
AND LAURA NAUTA: Mr. Hempen stated Ron and Laura Nauta have indicated their desire to maintain
the right-of-way, and the adjacent property owners indicated no concerns. He explained the agreement
is for a portion of Weld County Road 17 between Roads 98 and 100. In response to Commissioner Vaad,
Mr. Hempen stated if the Board desires, an additional requirement could be added to require a Stop sign
at the approach to Weld County Road 100. He stated Road 100 is paved and due to the higher traffic
speeds, a Stop sign would be justified. Don Carroll, Department of Public Works, concurred. Mr. Hempen
suggested a Stop sign be required on this and the previous matter. Mr. Morrison concurred.
Commissioner Vaad moved to approve said agreement and authorize the Chair to sign,with the Condition
that a Stop sign be placed on Weld County Road 17 at Road 100. The motion was seconded by
Commissioner Jerke. Mr. Hempen stated both roads are public rights-of-way accessing publicly
maintained roads. The only difference is that one is paved and the other is not. Mr. Carroll stated there
are adequate sight distances in both directions. Commissioner Vaad indicated the Board and staff should
consider the requirement of Stop signs as a standard requirement for future items. There being no further
discussion, the motion carried unanimously.
CONSIDER LONG TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT AND
AUTHORIZE CHAIR TO SIGN - HALL-IRWIN CORPORATION: Mr. Hempen stated the Use by Special
Review Permit issued to Hall-Irwin required an improvements agreement for a portion of Weld County
Road 13, south of Highway 392. Mr. Hempen stated Hall-Irwin will be responsible for the routine
maintenance due to heavy truck traffic. He stated this is a continuation of a prior agreement for this site
previously owned by Connell Resources. He explained Hall-Irwin took over the Use by Special Review
Permit and he recommends approval of this request. Commissioner Vaad moved to approve said
agreement and authorize the Chair to sign. The motion was seconded by Commissioner Long and it
carried unanimously.
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CONSIDER APPOINTMENT TO PLANNING COMMISSION:CommissionerJerke moved to appoint Bruce
Fitzgerald to the Planning Commission to replace Jack Epple, with a term expiring July 31, 2004.
Commissioner Masden seconded the motion, which carried unanimously.
CONSIDER APPOINTMENT TO LOCAL ENERGY IMPACT AND COMMUNITY DEVELOPMENT REVIEW
TEAM: Commissioner Jerke moved to appoint Wayne Miller to the Local Energy Impact and Community
Development Review Team, to replace Ted Chavez, with no term expiration. Commissioner Vaad
seconded the motion, which carried unanimously.
CONSIDER REQUEST FOR RELEASE OF DEED OF TRUST AND RELEASE WITH RUBADUE WIRE
COMPANY, INC., AND AUTHORIZE CHAIR TO SIGN: Lee Morrison, Assistant County Attorney, stated
a five-year Deed of Trust was submitted as part of the agreement when property within the Weld County
Industrial Park was conveyed to Rubadue Wire Company, Inc. He stated the five years have passed and
the bank is requesting the Deed be released. Commissioner Vaad moved to approve said request for
release and authorize the Chair to sign. The motion,which was seconded by Commissioner Long, carried
unanimously.
CONSIDER RESOLUTION RE: ACCEPT AMENDMENT TO PARAGRAPH #3.H OF 2001 MASTER
VERSION OF MEMORANDUM OF INTERGOVERNMENTAL AGREEMENT FOR CONDUCT OF
COORDINATED ELECTIONS TO DECREASE COST ASSESSED PER REGISTERED ELECTOR
ELIGIBLE TO VOTE: Mr. Morrison stated the Board previously approved the Master Agreement Form
which assessed $1.00 per elector. However, after further consideration of various budget issues, it was
determined that the amount be reduced to$0.75. He explained the agreements have been executed with
the proposed amount. Mr. Warden stated it is hard to determine how many jurisdictions will participate,
and$0.75 will adequately cover the election costs. In response to Commissioner Vaad, Mr.Warden stated
the fee is assessed for each registered voter, regardless of whether they come to vote. He further stated
it is less expensive for each jurisdiction to pay the fee than to hold their own election. Commissioner Vaad
moved to approve said Resolution. Commissioner Long seconded the motion,which carried unanimously.
CONSIDER REPORT OF THE WELD COUNTY HOME RULE CHARTER AMENDMENT STUDY
COMMITTEE: Jackie Johnson, Chair of Weld County Home Rule Charter Amendment Study Committee,
introduced the other members of the Committee. Ms. Johnson explained the committee reviewed issues
proposed by the Committee members, as well as those proposed by the public and elected officials. Ms.
Johnson thanked the County staff for legal input and clerical assistance. She stated there are eight topics
which need to be considered, as well as which order they should be placed on the ballot.
Ms. Johnson suggested each elected position be placed on the ballot as a separate item as to whether
they should remain an elected position or become an appointed position. Ms. Johnson clarified the term
"appointment" means the position would be subject to the personnel system, and would be the same as
a Department Head. She stated the positions would require a usual search to find qualified individuals,
and the appointment would provide more direct oversight by the Board. Ms. Johnson indicated the five
elected positions under consideration appear to be administrative, rather than policy making and fall within
the realm of appointed officials. Ms. Johnson read the recommended ballot language for the record,with
the option of changing the language to indicate each individual position. Ms. Johnson explained the
position of Under Sheriff needs to be addressed in the event the position of Sheriff changes. She stated
the Committee recommends the position of Under Sheriff fall under personnel, and she read the proposed
language for the ballot. Ms. Johnson explained the Committee unanimously agreed that the Charter
language requiring an employee to take an unpaid leave of absence is unfair because elected officials are
not required to do so. Ms. Johnson reviewed the Committees comments as indicated in the Report, as
well as the proposed language. She stated the fourth item of consideration is more of a housekeeping
matter. She explained the term"Qualified Elector"was relevant when the Charter was adopted; however,
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current language in State statutes creates some inconsistency. Ms.Johnson stated the Committee agrees
that the language proposed will use the meaning of "qualified elector" which is most appropriate in the
context of the language of the Charter and relevant Statutes. She read the proposed language for the
record.
Concerning item five, Ms. Johnson stated there is a conflict between the Charter requirement of five
percent of the votes cast at the last general election versus the statute requirement for five percent of the
total registered voters. She explained this inconsistency may result in the invalidation by the Counts of
petitions meeting Charter requirements but not authorizing legislation. Ms. Johnson read the proposed
ballot language for the record and referred to the proposed changes in the Charter. The next item of
consideration is the elimination of Service Districts. Ms. Johnson stated the current Charter language is
unnecessary and redundant because the issue of Service Districts is addressed by Colorado law and the
County does not have direct authority. Ms. Johnson stated the seventh item of consideration is whether
elected officers charged with crime are entitled to a hearing before being suspended by the County
Council, and further, that they be reinstated if found not guilty. Ms. Johnson stated currently the Council
can suspend an officer without notice or hearing; however,the Charter is silent as to reinstating an officer
if found innocent. She stated the Committee feels it would be more efficient for an officer to be
automatically reinstated without formal action of the County Council. She read the proposed language for
the ballot. The final item of consideration is whether Commissioner Districts should be amended following
each census. Ms. Johnson explained the current language allows for redistricting once every two years.
She reviewed the proposed ballot language for the record.
In response to Commissioner Vaad, Ms. Johnson stated the proposed language provides that the same
procedures be followed as those when selecting a new Department Head. The individuals would be
screened for qualifications and would be disciplined in the same manner as other employees when
necessary. She stated they considered using the word"hired"rather than"appointed,"but"hired"is never
used in the Charter. Ms. Johnson stated the ballot language should protect the public from officials hiring
friends or family, and require a qualified person fill each position.
Chair Geile opened the matter for public input. In response to Chair Geile, Ms. Johnson clarified if the
Sheriff's position is placed on the ballot, then the position of Under Sheriff will need to be addressed as
well. In response to Commissioner Jerke, Mr. Warden stated if the Sheriff's position were to become an
appointed position, then the Sheriff could designate the Under Sheriff. Ms. Johnson stated the Charter
was unclear regarding the Under Sheriff in comparison to other deputy positions. Mr. Morrison stated the
two positions would have to be considered separately on the ballot to remain in compliance with the"Single
Issue" rule.
There was no public testimony regarding ballot items#3 or#4. In response to Commissioner Vaad, Ms.
Johnson stated item#5 is a house cleaning matter because the language is no longer in conformance with
State statute. Mr. Morrison stated it is unclear whether the original Charter Committee members
intentionally decided to reduce the required number of signatures to only five percent of the votes cast in
the last general election considering that is inconsistent with the enabling State legislation at that time.
Responding further to Commissioner Vaad, Mr. Morrison expressed concern that the enabling legislation
was not very specific on some issues and very specific on others. He stated the issue would have to be
determined on each provision of the Charter. Responding to Commissioner Jerke, Ms. Johnson indicated
the enabling legislation indicated the various ways in which a Home Rule could deviate, and this was not
one of them. He further stated the elected position of Commissioner cannot be changed; however, they
can change the other elected positions if their functions remain the same. Commissioner Jerke stated it
will be difficult to get approval for increasing the number of qualified signatures for a petition. Mr. Morrison
stated the Charter Committee had some concern; however, they don't want to allow for a potential trap in
which a petitioner thinks they have enough signatures, but is open to challenge under the other legislation.
Minutes, September 5, 2001 2001-2510
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No public testimony was received concerning item#6. In response to Commissioner Jerke, Mr. Morrison
suggested amending the proposed language for item #7 to add the phase, "during the current term of
office" to clarify the timing in case an elected official is in question during an election time. This would
allow them to be reinstated for the current term and still be up for election. Commissioner Jerke
commented item #8 could result in odd shaped Commissioner district boundaries if strictly following the
requirement of equal populations in each district. He suggested adding the word "reasonably" before the
word "possible." Mr. Morrison stated the proposed language was taken from State legislation. He
expressed concern with the statutory language in terms of timing. He stated under the proposed language,
the County would be required to complete the redistricting prior to the redistricting of other precincts and
State districts. He explained the Secretary of State has taken the position that the boundaries could be
established and refined once the other boundaries are established. He stated the legislature should be
addressing the timing issue,and if the proposed language is adopted,the Charter will be flawed if the State
decides on alternative procedures or requirements. In response to Commissioner Jerke, Mr. Morrison
suggested the language be changed to allow redistricting 30 days following the establishment of State and
Federal districts. Responding to Chair Geile, Kathy Seiler, Elections Coordinator, stated if there is a court
case contesting congressional or state lines,then there would be a delay in establishing the Commissioner
Districts. Chair Geile commended the members of the Committee for dedicating their time and input on
this matter, and he called for a ten minute recess.
Upon reconvening,Chair Geile opened the meeting for public testimony. Ed Jordan,Weld County Sheriff,
stated he has been the Weld County Sheriff for 15.5 years and worked in the County for 26 years. He
stated his term is limited and he will not be seeking reelection. Mr. Jordan stated his comments are not
limited to the elected position of Sheriff; he is opposed to removing the option for election of the other four
positions under consideration. He stated there have been a few incidents that have been blown out of
proportion and being used to promote this idea. He further stated there will always be human error, and
he believes the citizens of the County should have the opportunity to elect their officials. (Switched to Tape
#2001-37.) Mr. Jordan expressed concern with the timing of this matter. He stated there will be little time
to mount a campaign regarding this matter for adequate discussion, and the process should have been
started earlier in the year. He stated more time should be allowed to get a feel for what the public wants,
and he feels these offices need to remain as elected positions. Mr. Jordan stated there have been many
good elected officials throughout the years in Weld County, no one has been perfect, and problems will
not be eliminated by creating appointed positions. He expressed concern that the individuals who are
appointed will come based on the salary, rather than a desire to serve the public. Mr. Jordan stated he
is proud to have been a part of Weld County government, and what has been accomplished. He further
stated there is a process in place to remove public officials when necessary,and the public should continue
to have a say in who the representatives are. He stated Weld County has the added benefit of a Home
Rule Charter, and a County Council to watch over the independent elected offices. Mr. Jordan requested
the Board give serious consideration as to what is being proposed, and consider the timing of placing the
matter on the ballot. He suggested the voters will be led to believe there is something wrong with how
things are currently being done, which will result in the disposal of some good policies and procedures.
He further stated if this were a normal election year, this matter would likely be defeated. He explained
the position of Coroner works very closely with the Sheriffs Office; however, he feels it is important that
the Coroner be independent of the Sheriff and not be pressured by a higher authority when making a
determination regarding law enforcement.
Chuck Carlson, Committee Member,stated he was also a member of the original Charter Committee. He
stated Weld County has been a leader in the State and wants to stay a leader in County government. Mr.
Carlson stated he attended two public hearings on this matter, and received input from other associations
such as the Weld County Agricultural Council, as well as people in his community. He explained the
Charter was put together within 12 months and took a lot of input. He stated one of the most discussed
matters when establishing the Charter was term limits for Commissioners, County Council members, and
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the other elected offices. It was decided to have term limits for the Board of Commissioners and County
Council, but not for the others. He explained the people holding the positions were very dedicated and
served for many years. He feels the people have a right to express their feelings, and a majority of the
input indicated the public is in favor of keeping elected officials. He explained it would be appropriate to
list each of the five elected positions on the ballot in fairness and allow the public to decide which should
remain as elected or become appointed. Mr. Carlson stated this government is constructed to allow for
change if it is the will of the people, and he expressed his appreciation in being selected to serve on the
Committee. Commissioner Vaad commented he appreciates what Mr. Carlson has contributed with his
insight as one of the original Home Rule Charter Committee members. Mr. Carlson stated the intent of
becoming a Home Rule County was to deal with the beginning of growth in the area. He stated he helped
form the Comprehensive Plan to protect agriculture. Mr. Carlson stated Weld County has been a leading
entity in Colorado on many issues, and the people voted in favor of creating the Charter in order allow for
better governing. He stated it was evident that some of the State level representatives were not familiar
with the agricultural issues in this area and the Charter allowed for better representation to address those
types of issues.
Christopher Woodruff,Assessor's Office, stated he attended one of the meetings and was impressed with
the work of the Committee. He urged the Board of Commissioners not to place the issue on the upcoming
ballot. He stated it places the questions to the public as to whether this is a well-run County, and baits the
thought that there is something wrong. He stated the elected officials have served the public well, and he
feels this will lead to unnecessary change. Mr. Woodruff stated there is no problem, and changing the
status of elected officials would not make for a better County. There being no further testimony, Chair
Geile closed public testimony.
Commissioner Jerke suggested the Board vote on each item individually. Chair Geile concurred. He
further stated if any of the elected positions become appointed offices, they will need to fallow the intent
of the position under the Charter. Regarding the Sheriff's position, both State statute and the Charter
define the qualifications,with only minor differences. He stated the Sheriff has to be available to the public,
and he does not fell the people will relinquish their right to elect a sheriff. He stated it is unlikely that public
opinion has changed as to voting for an Assessor. He stated the assessor's involvement in real estate is
very important to the public, and people want to hold an elected person accountable. He further stated
the Clerk and Recorder is a similar situation; however, the Secretary of State dictates the law for the
County clerks as stated in the Charter. Chair Geile stated the public wants to hold a person accountable
for how elections are conducted, and how the motor vehicle and recording departments are managed.
Chair Geile commented the County may benefit from changing the position of Coroner. He explained the
Coroner deals primarily with medical knowledge and investigations. He stated the position works very
closely with the law enforcement to come to a resolution on various cases. He further stated based on the
costs associated with the position, he feels this position should go before the public for a determining vote.
Chair Geile commented the Treasurer functions solely as an administrative office, which is accountable
for the way Weld County funds are managed. He stated the position is closely related to the functions of
the Board of Commissioners as determined by State statute and he feels the people of Weld County are
asking for review and debate over whether to elect or hire the Treasurer. He concluded by stating the
positions of Sheriff, Assessor, and Clerk and Recorder will likely remain as elected offices. Putting those
positions before the public for a vote will cause negative debates and confusion; however, enough has
changed since the 1978 review, that the positions of Coroner and Treasurer need to be reviewed.
Commissioner Jerke commented it appears the public will always want to vote regarding the Assessor's
Office because that position sets the property taxes. He stated it would not be efficient to appoint an
Assessor because the Board of Commissioners also serves as the Board of Equalization and may pose
a conflict. Regarding the Coroner, he feels it is an administrative position which deals purely with facts
under investigative situations and would work well to be under the Sheriff's Office. He stated the Sheriff
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could absorb some of the clerical and other related costs. Commissioner Jerke commented he is in favor
of putting the position of Coroner before the people. He stated the Sheriff's position is the leading law
enforcement position in the County,and constantly participates in determining policy. He does not believe
the public will agree to an appointed Sheriff's position. He commented an appointed Sheriff is less likely
to allow concealed weapon permits;whereas,they are more likely to issue them if elected. Commissioner
Jerke commented the Clerk and Recorder is the chief election office, which follows a mandate from the
State. He stated the office works very closely with the public and will likely remain an elected position.
Finally, Commissioner Jerke commented the Treasurer position is an entirely administrative position, and
he feels a good finance office could complete the current tasks of the Treasurer's Office. He further stated
there appears to be too many administrators in the current office with minimal staff to complete the work,
and he feels the work would be more efficient and controlled under an appointed position.
Commissioner Vaad stated the comments from Mr. Carlson regarding the intent of the first Charter
Committee and voters requesting a Charter were very helpful. He agreed the nature of Weld County is
changing, but it is still populated by those who desire to have a say in policy and elected positions. He
stated more time to debate the issue could possibly gain more understanding on what is to be decided;
however, it may also allow for more strife. He stated one possible outcome is that the public will view the
Charter similar to the Constitution and vote to keep it as it currently stands. Commissioner Vaad stated he
agrees with the comments regarding the administrative nature of the Treasurer and Coroner; however, he
would prefer to allow the public to make that determination. He stated if the public desires to have the
remaining three positions appointed, they can use the initiative process to place that matter on the ballot
in the future.
Commissioner Long stated these are all tough issues that need to be addressed; however, after visiting
with his constituents, he is certain the people still want to have the opportunity to vote and express their
opinion. He stated this process helps prevent a stagnant or burdensome government and allows for
change if necessary or desired. Commissioner Long commented it is likely the public will continue to want
to vote on the position of Assessor, Sheriff, and Clerk and Recorder in order to keep the positions
accountable for their actions. The Coroner and Treasurer positions are administrative and he feels the
public should have the opportunity to make a determination.
Commissioner Masden thanked the Committee for what it has done and for all the comments made today.
He stated it is a privilege to live in this type of government, and the Sheriff, Clerk and Recorder, and
Assessor are positions that the people want to keep in a representative government. He agreed the
Coroner and Treasurer are administrative and he is in favor of placing them on the ballot.
Chair Geile commented the Charter Committee was not influenced by the Board of Commissioners, and
this is the first time the matter has been discussed among the members of the Board.
Commissioner Masden moved to keep the Assessor as an elected official. Commissioner Jerke seconded
the motion. In response to Commissioner Vaad, Mr. Morrison stated the appropriate motion should
indicate whether or not to place a matter on the ballot. Commissioners Masden and Jerke withdrew their
motion. There was no motion to place the positions of Assessor, Sheriff, or Clerk and Recorder on the
ballot. Commissioner Masden moved to place the office of Coroner on the ballot for determination as to
whether it will remain an elected or become an appointed position. Commissioner Jerke seconded the
motion. Upon a call for the vote,the motion carried unanimously. Commissioner Masden moved to place
the office of Treasurer on the ballot for determination as to whether it will remain an elected or become an
appointed position. Commissioner Vaad seconded the motion, and upon a call for the vote, the motion
carried unanimously.
No motion was made to place item #2 on the ballot.
Minutes, September 5, 2001 2001-2510
Page 8 BC0016
Commissioner Vaad moved to place item#3 on the ballot for consideration by the public. Commissioner
Long seconded the motion. No public testimony was offered concerning this matter. Upon a call for the
vote, the motion carried unanimously.
Commissioner Masden moved to place item#4 on the ballot for consideration by the public. Commissioner
Long seconded the motion. No public testimony was offered concerning this matter. Upon a call for the
vote, the motion carried unanimously.
Commissioner Vaad moved to place item#5 on the ballot for consideration by the public. Commissioner
Long seconded the motion. In response to Chair Geile, Mr. Morrison stated the question and ballot issue
are correct. The heading on the Report is misleading but no relevant to the ballot issue. No public
testimony was offered concerning this matter. Upon a call for the vote, the motion carried unanimously.
Commissioner Masden moved to place item#6 on the ballot. Commissioner Jerke seconded the motion.
No public testimony was offered concerning this matter. Upon a call for the vote, the motion carried
unanimously.
Mr. Morrison suggested clarifying the ballot question to add the phrase"to the current term of office"prior
to the words"if found not guilty?" He stated the same language should also be added to the first sentence
of the second paragraph under Article XIII, Section 13-8(5) after the word "reinstated." Commissioner
Jerke moved to place item #7 on the ballot with the proposed language change as recommended by Mr.
Morrison. Commissioner Masden seconded the motion. In response to Chair Geile, Mr. Morrison stated
the Charter uses male references throughout the entire text, and there is a definition that clarifies that.
Upon a call for the vote, the motion carried unanimously.
In response to Chair Geile, Mr. Morrison submitted proposed changes to the Committee recommendation,
marked Exhibit C. He explained the language sets a time line of 30 days for the County, so the State
process will be done 55 days prior to the precinct, which could be extended if there is a Federal lawsuit.
He stated the language requires the process be completed no less than 25 days prior to the precinct
caucus. In response to Commissioner Jerke, Mr. Morrison stated if the Board chooses to take no action
or includes the language he proposed, it may coincide with what is done by the legislation. He
recommended not using the language proposed in the Committee report. No motion was made to place
item #8 on the ballot.
Bill Hawkins, Committee member, thanked the Board for explaining each of their positions on the issues.
He stated this process confirms the elected officials are interested in receiving the input and say of the
public.
Commissioner Vaad moved to place the items on the ballot in the following order: #5, #1, #3, #4, #6, #7.
Commissioner Jerke seconded the motion. Upon a call for the vote the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. No Ordinances were approved.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
Minutes, September 5, 2001 2001-2510
Page 9 BC0016
There being no further business, this meeting was adjourned at 12:05 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD CO TY, COLORADO
ATTEST: ,1L4/,��l/v . a�� ea&
".41 E llde M. J. Geile, Ch y it
Weld County Clerk to the Bo.,XSIA44
1861 4„ Glenn Pro-Tem
BY:
Deputy Clerk to the Boar. z "�` �� ✓� —P
Willi Jerke
Fr
David E. ong
EXCUSED DATE OF AP OVAL
Robert D. Masden
Minutes, September 5, 2001 2001-2510
Page 10 BC0016
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