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RESOLUTION
RE: APPROVE AMENDMENT TO ADMINISTRATIVE MANUAL REGARDING
SPLIT VOTES ON LAND USE MATTERS
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS , on October 5, 1977, the Board of County
Commissioners did adopt an Administrative Code pursuant to
Article III, Section 3-8 (4) (e) of the Home Rule Charter of
Weld County, Colorado, and
WHEREAS, pursuant to the Resolution adopting said Admin-
istrative Code, it is understood that the Administrative Code
may be amended from time to time when deemed advisable by the
Board of County Commissioners, said amendments being adopted
by resolution, and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, desires to amend the Weld County Administrative
Manual to include Board Procedures Section -- 12. Rehearings
on Land Use Matters -- as follows:
12. Rehearings on Land Use Matters. If there are
only four commissioners present at a land use
hearing, and a motion for either approval or
denial fails because of a 2-2 vote (two ayes
and two nays) , then such hearing shall be
continued by the Board until such time as all
five commissioners are present, at which time
the fifth commissioner shall have reviewed
the file and the tape recording of the parti-
cular land use hearing, and if so, may then
cast the fifth vote.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Board
Procedures Section -- 12. Rehearings on Land Use Matters,
of the Weld County Administrative Manual be, and hereby is,
amended to include the hereinabove stated.
The above and foregoing Resolution was, on motion duly
made and seconded, adopted by the following vote on the 10th
day of August, A.D. , 1981.
810779
Page 2
RE: AMENDMENT TO ADMINISTRATIVE MANUAL
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, OLORADO
ir- �- (Aye)
C ck Carl n, Chairman
ABSENT DATE SIGNED (Aye)
Norman Carlson,; Pro-Tem
lr //, 7. < �j (Aye)
C. W. Kirby /
1
/1/4; (Aye)
J h T. Martin
ABSENT
June K. Steinmark
ATTEST: (wck* (14,An4aandattri
Weld County /U1Clerk and Recorder
Clerk to the Bid
/ Deputy ounty Cl rk
Als-PR D AS TO FORM:
County Attorney
DATE PRESENTED: AUGUST 12, 1981
if - ^,may i �..e-- �. . e..
,�. t.4*4, .G s t F tqg
Board of
County Commissioners August 4 , 1981
"fur-4 R. Russell Anson, Assistant County Attorney
Split Votes on Land Use Matters
This memorandum is in response to a recent work session regarding the
problem where a motion fails to pass on a land use matter because of
the fact that there are only four voting commissioners present, and
the vote taken is a split vote (i.e. , two ayes and two nays) . It is
recommended that there be an amendment to the Administrative Manual,
and that this amendment be made specifically to the Section entitled,
"Rehearings on Land Use Matters. " I would suggest a paragraph l.c.
be added to provide, "If there are only four commissioners present at
a land use hearing, and a motion for either approval or denial fails
because of a 2-2 vote (two ayes and two nays) , then such hearing shall
be continued by the Board until such time as all five commissioners
are present, at which time the fifth commissioner shall have reviewed
the file and the tape recording of the particular land use hearing,
and if so, may then cast the fifth vote. "
It is absolutely necessary that this be done for all land use matters
rather than be at the discretion of the Board so that the Board, under
no circumstances , can be said to have arbitrarily continued a land use
matter for rehearing or denied a continuance. If a land use matter is
continued under the circumstances described above, it would be abso-
lutely necessary for the commissioner who was not present at the first
hearing to listen to the entire tape governing the particular hearing
in question before making a decision on the case.
J
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R. R ssell Anson
Assistant County Attorney
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