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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
Clerk to the Board
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941470.tiff
RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO APRIL 13, 1994 TAPE #94-20 & #94-21 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, April 13, 1994, at the hour of 9:00 a.m. ROLL CALL: The meeting was called to order by the Chairman and on roll call the following members were present, constituting a quorum of the members thereof: Commissioner W. H. Webster, Chairman Commissioner Dale K. Hall, Pro-Tem Commissioner George E. Baxter Commissioner Constance L. Harbert Commissioner Barbara J. Kirkmeyer Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Carol Harding Finance and Administration Director, Don Warden MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board of County Commissioners meeting of April 11, 1994, as printed. Commissioner Hall seconded the motion, and it carried unanimously. CERTIFICATIONS OF HEARINGS: Commissioner Baxter moved to approve the hearing conducted on April 6, 1994, as follows: 1) Public Forum concerning proposed Oil and Gas Regulations. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. ADDITIONS: There were no additions to the agenda. CONSENT AGENDA: Commissioner Harbert moved to approve the consent agenda as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. PUBLIC INPUT: Pandora Burkes, General Manager of the Budget Host Hotel at Del Camino, expressed her concerns regarding the pre-parole facility which is planned in the Del Camino area. She stated the business owners in the area are against the facility and feel this type of facility will bring undesired clientele into the area. Ms. Burkes also expressed concern about inadequate coverage by the Sheriff's Department in the area. Chairman Webster mentioned that because a large number of people desire to speak during this portion of the agenda, it might be wise to move public input to later on the agenda, thus allowing County staff who are present to return to work sooner. Bruce Barker, County Attorney, explained it is the Board's agenda and they can adjust it however they wish. He did stress, however, that this is public input only to be made by individuals on any subject, but it will in no way be used to supplement the record of that particular issue. Commissioner Kirkmeyer stated she would prefer the public input be heard at the present time and staff be advised to return later. This being the consensus of the Board, public input continued. 941470 Kay Merrick of Longmont stated her concerns regarding the pre-parole facility and said most citizens, especially those in Longmont, are not informed about this issue. She said most of the citizens in Greeley are not concerned because it is located so far away from them. Margo Mango, who lives in Enchanted Hills Subdivision, asked the Board to consider the historical significance of Fort Junction as a refuge for early settlers in the County. Artie Elmquist, Longmont, discussed efforts of southwest Weld County residents and others opposed to pre-parole facilities at the state level, including Joint Budget and Senate Judiciary Committee hearings. Mr. Barker explained the Board's three- minute rule for hearing public input, and stated any citizen can, at any time, submit further written comments to the Board. Mr. Elmquist submitted his comments and several newspaper and magazine articles, which were marked as Exhibits A through D. Kathy Neeley, who lives in the Del Camino area, objected to the way the citizens of Weld County have been treated throughout this matter. She stated the citizens in the area have been ignored and treated in a condescending manner by the Board. June Gordon, Englewood, expressed her belief that this is a facility which will allow early release of dangerous criminals and is a matter of life and death. She stated the number one concern of elected officials should be the safety of the citizens. Commissioner Harbert stated the Board voted concerning a zoning matter, not on whether or not to allow a pre-parole facility. After further comments by Ms. Gordon, Mr. Barker reiterated the Board is only taking public input and any information given at this time does not, in any way, supplement the hearing record; and reconsideration of this or any land use matter is not possible and the Board has no capacity to hold another hearing on the subject. Mr. Barker also cautioned the Board since this matter is in litigation over the Board's decision, they should not make statements concerning the case which could be taken out of context. Virginia Scheel of Greeley read a letter from State Representative David Owen, marked as Exhibit E, in which Representative Owen expressed his concerns against pre-parole facilities. Ms. Scheel stated the elected officials should serve the taxpayers instead of special interest groups and discussed problems which occurred in Texas with pre-parole facilities. Wendy Hoffman of Dacono offered an update of growth in the Del Camino area. She discussed the criteria preferred by citizens for businesses in the area include environmental sensitivity, economic stability, and broad-based community support. Ms. Hoffman explained the Catch-22 situation citizens find themselves in, with the County saying it is a State issue and the State saying it is a County issue. In response to questions regarding procedures, Mr. Barker explained the referendum procedure to place an issue on the ballot. He also explained that a land use case cannot be repealed. After further questions, Chairman Webster asked Ms. Hoffman to contact Mr. Barker after the hearing to discuss the procedural issues. Jim McKemstree, who lives approximately three miles from the facility, felt adequate notice was not given to the surrounding property owners and citizens in the area. He stated the decision should be reversed; it has been poorly handled and publicized; and the Commissioners are hiding behind the litigation. Minutes - April 13, 1994 Page 2 Ina Saudi, who lives in southwest Weld County, does not want her taxes to go up to pay for a facility like this one. Because of questions directed at the Board from the audience, Mr. Barker again advised the audience this is a portion of the agenda during which public input is allowed on an individual basis. He explained this is not a public forum set up to take testimony on this matter. Chairman Webster reiterated the Board will not answer questions; however, each member of the public may give input on any matter. Larry Daggel, who lives on Weld County Road 17, stated he is against this facility and questioned which Commissioner District he lives in and how many Commissioners he gets to vote on. Commissioner Kirkmeyer explained the varying terms of the Commissioners. Mr. Daggel also stated his displeasure with the judges being able to throw out an amendment which was initiated and passed by the voters in the State. Roselle Yeager, Longmont, stated she is against plea bargaining and parole. She said she is also against this institution. WARRANTS: Don Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: General Fund $ 548,927.51 Commissioner Baxter moved to approve the warrants as presented by Mr. Warden. Commissioner Harbert seconded the motion, which carried unanimously. BIDS: PRESENT CABLE FROM CENTENNIAL BUILDING TO CENTENNIAL ANNEX - PHONE SERVICES DEPARTMENT: Mr. Warden read the names of the two vendors who submitted bids. He explained this is an optical cable to go across the street which will replace the one now being rented from U. S. West, and it will have a five-year payback. Said bid will be considered for approval on April 27, 1994. PRESENT MEDICAL-DENTAL HEALTH SERVICES - HUMAN RESOURCES DEPARTMENT: Mr. Warden noted there is only one vendor who submitted a bid on this item, which will be considered for approval on April 27, 1994. PRESENT AND APPROVE 1994 OLDSMOBILE CUTLASS - SHERIFF'S DEPARTMENT: Mr. Warden explained the Sheriff's Department is in need of a vehicle to replace the 1993 Corsica which was involved in an accident in February. Because of a problem of properly mounting radio units on the three lowest bids, the Sheriff is requesting approval of the 1994 Oldsmobile Cutlass Cierra from Fogle Olds-GMC Truck in Loveland. Mr. Warden requested approval today and stated this bid does not need to be considered as an emergency since it was previously presented on January 5, 1994. Commissioner Kirkmeyer moved to approve the 1994 Oldsmobile Cutlass Cierra. The motion, which was seconded by Commissioner Baxter, carried unanimously. BUSINESS: NEW: CONSIDER AGREEMENT WITH TOWN OF FIRESTONE FOR MAINTENANCE OF STREETS IN EVANSTON AND FIRESTONE AND AUTHORIZE CHAIRMAN TO SIGN: Commissioner Harbert moved to approve said agreement and authorize the Chairman to sign. The motion was seconded by Commissioner Kirkmeyer, who ascertained Mr. Barker had reviewed said agreement. The motion carried unanimously. Minutes - April 13, 1994 Page 3 CONSIDER JOB TRAINING PARTNERSHIP ACT COORDINATION AGREEMENT BETWEEN AREA AGENCY ON AGING SENIORS IN INDUSTRY OLDER WORKER PROGRAM AND GREEN THUMB, INC. AND AUTHORIZE CHAIRMAN TO SIGN: Commissioner Harbert stated this is a continuing non-financial coordination agreement. Term of the agreement is April 1, 1994, through June 30, 1995. Commissioner Harbert moved to approve said agreement and authorize the Chairman to sign. Seconded by Commissioner Hall, the motion carried unanimously. CONSIDER APPLICATION FOR FEDERAL ASSISTANCE FOR FENWC STAFF COST OF LIVING INCREASE TO DEPARTMENT OF HEALTH AND HUMAN SERVICES, MIGRANT HEAD START, AND AUTHORIZE CHAIRMAN TO SIGN: Commissioner Harbert explained the cost of living increase is due to the Federal increase being granted. Mr. Warden added the next three items, which are for Migrant Head Start, had identical funds approved recently for the Head Start Program. Commissioner Kirkmeyer moved to approve said application and authorize the Chairman to sign. Seconded by Commissioner Baxter, the motion carried unanimously. CONSIDER APPLICATION FOR FEDERAL ASSISTANCE FOR QUALITY IMPROVEMENT FUNDS TO DEPARTMENT OF HEALTH AND HUMAN SERVICES, MIGRANT HEAD START, AND AUTHORIZE CHAIRMAN TO SIGN: Commissioner Harbert moved to approve said application and authorize the Chairman to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER APPLICATION FOR FEDERAL ASSISTANCE FOR 1994 MIGRANT HEAD START PROGRAM TO DEPARTMENT OF HEALTH AND HUMAN SERVICES, HEAD START, AND AUTHORIZE CHAIRMAN TO SIGN: Commissioner Baxter moved to approve said application and authorize the Chairman to sign. Seconded by Commissioner Harbert, the motion carried unanimously. CONSIDER GAS AND OIL DIVISION ORDER TO ASSOCIATED NATURAL GAS, INC. , FROM GERRITY OIL AND GAS CORPORATION AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Barker stated his staff verified the percentage is correct as purported and recommended approval. Commissioner Kirkmeyer moved to approve said division order and authorize the Chairman to sign. Seconded by Commissioner Hall, the motion carried unanimously. CONSIDER COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT WITH THE COLORADO DEPARTMENT OF LOCAL AFFAIRS AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Warden explained this is the formal contract for the youth shelter grant which was previously approved by the Board. Commissioner Baxter moved to approve said contract and authorize the Chairman to sign. Seconded by Commissioner Hall, the motion carried unanimously. Minutes - April 13, 1994 Page 4 PLANNING: CONSIDER RE #1603 - BULTHAUP: Greg Thompson, Department of Planning Services, reviewed the concerns of staff as follows: the applicants currently have the legal right to place a single- family dwelling on the parcel, thus a building permit can presently be applied for; this request would remove four acres of prime agricultural land from production; there are no existing dwellings or farm improvements; and it would increase parcels in this area. Kirk Goble of J. L. Sears & Associates, Inc. represented the applicant. He presented a memo, marked Exhibit A, answering the concerns of staff and submitted a location map and sketch of the area, marked Exhibits B and C, respectively. Mr. Goble explained the land is not prime agricultural land and pointed out the applicants have committed to farming the remaining area by the purchase of a center pivot sprinkler. He explained the main purpose of the recorded exemption is to build a residence on proposed Lot A for the use of Dr. & Mrs. Port, co-owners of the property, who desire full ownership of their home. After giving a history of the entire parcel, Mr. Goble pointed out the applicant owns 300 acres of this particular half-section and stated he does not presently have any plans to build on proposed Lot B or the other corners left open by the center pivot sprinkler. Mr. Goble stated the County Engineer asked that the access which is presently located on Weld County Road 3 be moved north at least 200 feet, and the applicant is willing to do so. (Let the record reflect that Lee Morrison, Assistant County Attorney, is now acting as Attorney of Record. ) Gene Bulthaup, applicant, explained the relationship with Dr. Port is co-owner, not simply a business partner, and he explained that Dr. Port will be actively engaged in the farming operation. After further discussion concerning the sprinkler system and water supply, Commissioner Kirkmeyer questioned if the applicant had any concerns about the three proposed Conditions of Approval. Mr. Goble indicated there were none. There was no public testimony given concerning this matter. Commissioner Kirkmeyer moved to approve RE #1603 for Gene Bulthaup with three Conditions of Approval as presented by staff. Seconded by Commissioner Baxter, the motion carried unanimously. CONSIDER RE #1602 - BRUG: Mr. Thompson reviewed the concerns of staff based on inconsistencies with Recorded Exemption standards as set forth in Section 11.8 of the Subdivision Ordinance. He reviewed the numerous Recorded Exemptions which have occurred in this area and stated the purpose of this request is to allow the applicant to sell the 28-acre tract with the current existing dwelling and build another dwelling on the remaining 22-acre parcel. Ola Brug, applicant, explained the 160 acres was originally four 40-acre parcels instead of one large parcel. Three of the four parcels have had Recorded Exemptions approved, splitting each of them into two; and each of those three parcels which had Recorded Exemptions approved presently have two homes on each 40 acres. Ms. Brug explained the parcel under consideration is the only remaining parcel which has one home on it and approval of this request will add one home. In response to Ms. Brug's questions about the concerns of staff, Mr. Thompson stated the concerns arise from the process of subdividing property with the Recorded Exemption process instead of the subdivision process. Ms. Brug pointed out approval of this request will not change the use of the land in any way. There was no public testimony offered concerning this matter. Ms. Brug agreed to the three Conditions of Approval presented by Mr. Thompson. Commissioner Harbert moved to approve RE #1602 for Melvin and Ola Fae Brug, with three Conditions of Approval. The motion was seconded by Commissioner Baxter. After further discussion, the motion carried four to one, with Commissioner Kirkmeyer voting against said motion. Minutes - April 13, 1994 Page 5 CONSIDER RE #1600 - STEWART: Gloria Dunn, Department of Planning Services, presented the concerns of staff and reviewed the history of the parcel of land under consideration. She stated a previous Recorded Exemption and Subdivision Exemption were done to resolve the status of two illegal parcels which were created in 1976 and 1980. Commissioner Hall explained the applicant, Robert Stewart, is his mother's half-brother. He questioned legal staff as to whether that would create a conflict of interest and stated he has absolutely no financial interest in this matter. Mr. Morrison advised that it is not a violation of the ethics code, which would relate more to a financial interest and explained that without the letters being written in advance to protect against the appearance of impropriety, the risk to proceed is that Commissioner Hall would not be protected from someone saying there is an unreported appearance of impropriety even though it has now been reported. However, Mr. Morrison stated it is up to Commissioner Hall to decided whether or not to abstain. Commissioner Hall decided not to abstain. Mr. Stewart explained this split will enhance the property by turning the corner full of weeds into an attractive home site. In response to Commissioner Kirkmeyer, Ms. Dunn verified proposed Lot A is covered with weeds and also has farm equipment parked on it. Mr. Stewart stated in the future he would build his residence on proposed Lot B. In response to Commissioner Harbert's question regarding the water supply for proposed Lot A, Mr. Stewart stated he will supply water to the lot; however, he will not sell shares with the property. Responding to Commissioner Kirkmeyer, Mr. Stewart explained there is an existing access on proposed Lot B; however, one new access will be added to Lot A. Ms. Dunn pointed out Weld County Road 27 ends at Weld County Road 78 and the road south of that point is a private road. There was no public testimony offered concerning this matter. Ms. Dunn suggested four Conditions of Approval. (Changed to Tape #94-21. ) After discussion concerning the water supply for proposed Lot A, Commissioner Kirkmeyer requested an addition to Condition of Approval #1 which states that if Weld County Road 27 is extended in the future, the access from Lot A to Road 27 will be closed. Mr. Morrison suggested the first part of Condition #1 read as follows: "The applicant shall obtain approval for any culvert which is necessary to access onto Weld County Road 78 . . Ms. Dunn suggested a new Condition #5 be added to read: "Prior to recording, the following note shall be placed on the Recorded Exemption plat: If at such time Weld County Road 27 is built to be a public road, access from Lot A to Weld County Road 27 shall be closed. " In response to the Board, Mr. Stewart agreed to the five Conditions of Approval. Commissioner Kirkmeyer moved to approve RE #1600 for Robert Stewart with five Conditions of Approval. Seconded by Commissioner Baxter, the motion carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. There were no ordinances. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Acting Clerk to the Board. Minutes - April 13, 1994 Page 6 There being no further business, this meeting was adjourned at 11:30 a.m. APPROVED: ATTEST: /1GI rmeMG�� /> BOARD OF COUNTY COMMISSIONERS fe/_!_ WELD COUNTY, COLORADO Weld County Clerk to the Board 4 .4c- 0 -�1ceer, C air By: gkae Una Deputy C1 k to the Board Dale . Ha 1 7cytg. e - Baxter Co tance L. /Harber Barbara J. Kirk eyer Minutes - April 13, 1994 Page 7 RECORD OF PROCEEDINGS MINUTES BOARD OF SOCIAL SERVICES WELD COUNTY, COLORADO APRIL 13, 1994 TAPE #94-21 The Board of County Commissioners of Weld County, Colorado, met in regular session as the Board of Social Services 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, April 13, 1994, at the hour of 9:00 a.m. ROLL CALL: The meeting was called to order by the Chairman and on roll call the following members were present, constituting a quorum of the members thereof: Commissioner W. H. Webster, Chairman Commissioner Dale K. Hall, Pro-Tem Commissioner George E. Baxter Commissioner Constance L. Harbert Commissioner Barbara J. Kirkmeyer Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Carol Harding MINUTES: Commissioner Hall moved to approve the minutes of the Board of Social Services meeting of April 11, 1994, as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. WARRANTS: Carol Harding, Department of Finance and Administration, presented the warrants for approval by the Board in the amount of $17,230.54. Commissioner Baxter moved to approve the warrants as presented by Ms. Harding. Commissioner Hall seconded the motion, which carried unanimously. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Acting Clerk to the Board. There being no further business, this meeting was adjourned at 11:35 a.m. Aaet% APPROVED: ATTEST: BOARD OF COUNTY COMMISSIONERS WELD COUNTY G(1LORADO Weld County Clerk to the Board / fi ebster, C irm BY: 0A1.06/ ChISDeputy C1k to the Board . Hall, o-T m Gegrg E. Baxter / Constance L. Har$4' Barbara J. Kirkm WELD COUNTY COMMISSIONERS OPEN FORUM ; EXHIBIT APRIL 12 , 1994Pvtlirk STATE CAPITOL ACTION My name is Artie Elmquist , I live at 8724 I-25 Frontage Rd. E, Longmont , CO 80504 , 2 . 5 miles south of the Del Camino Pre-parole Prison site . I want to speak to you today about the efforts at the state level by some of the Southwest Weld residents and others opposed to pre-parole facilities . On January 27 , 1994 , over 70 residents of the Del Camino area met at the Budget Host Motel at 12 : 30 p.m. to ride two charter buses headed to the capitol for the Joint Budget Committee hearing on what was believed to be the per diem request by The Villa for their proposed pre-parole facility . The group which numbered over 120 people at the capitol , required the JBC to move the hearing to a larger room for the pre-parole issue. John Coppum updated the committee on their efforts to receive a contract with the DOC for the Del Camino site . Wendy Hoffman and June Gordon spoke on behalf of the opposition group in attendance . They addressed the committee on the real facts of pre-parole prisons . Surprisingly, the JBC permitted extra time for our case . Wendy ' s testimony offered the JBC an alternative plan for reducing the prison system overcrowding . The plan suggested a quarter percent state sales tax 1 increase to provide the money necessary to build state jail cells . Recently Texas had a similar sales tax initiative that was approved by a landslide. In the February, 1994 edition of the Reader' s Digest , an article titled "Plague of Revolving Door Justice" , noted the success of such ballot initiatives and it also revealed some very disturbing statistics which I hope you' ll read about (Hold up Articles) . Many of the members of that committee did not seem symphathetic to our cause that day . To them this was strictly a county issue since the legislature in 1990 had passed a bill mandating that privately pre-parole facilities would be built . While the hearing ended with the JBC not approving a per diem amount , they learned that , we the citizens of Southwest Weld County, were a very large opposition group with a loud voice. The events that followed could truly be considered miraculous . Because Representative Dave Owen represents the Del Camino area and sits on the all powerful Joint Budget Committee, those opposed to pre-parole facilities have had numerous conversations with him on this issue . Now that Dave has been educated on pre-parole, he' s on record as saying that the legislature "needs to explore other ways to rehabilitate criminals . " What has The Villa been doing since December 8th? They have attempted to negotiate a contract with the DOC and worked towards getting the state law revised to make it compatible with the number of beds they need for their proposed facility . Representative 2 Strom and Senator Hopper sponsored a bill increasing the maximum number of beds permitted in pre-parole prisons from 300 to 386 . The bill was approved by the House initially on a 60-3 vote. Learning that the bill was sent to the Senate side for consideration. On Wednesday, March 16th, sixteen Southwest Weld residents went down to a hearing of the Senate Judiciary Committee on HB1173 , the Strom/Hopper bill . When the committee convened, Senator Hopper announced she wanted permission to withdraw her bill from consideration, since on the Thursday before that , the House had merged HB1173 into HB1340 a bill dealing with several proposed state prison projects . While it appeared the day was going to be unproductive, we had a meeting with Representative Drew Clark, one of the Representatives who had voted against the bill for the pre- parole bed increase on its first reading . He offered to try and amend HB1340 by removing the section relating to the bed increase . This was the beginning of several efforts by certain legislators to put up some roadblocks for The Villa and any other private entities wanting to build a pre-parole facility . Representative Clark' s amendment did not pass , but HB1340 cleared the House and was sent to the Senate for debate. Later that same week, Representative Owen announced that the JBC had made a decision not to approve any funding in the 1994 Long Bill for The Villa' s pre-parole facility . The reasoning behind this was two-fold. First , The Villa refused to operate the 3 facility on less than a $58 . 00 per diem. Second, the lawsuit filed by some of the Southwest Weld residents , challenging that the Fort Junction PUD does not allow for prisons , had a major influence on the JBC' s decision. According to Representative Owen, The Villa may have to wait until January of 1995 when the legislature may act on a "supplemental" budget appropriation to the DOC. On Wednesday, March 23rd, a group of about twenty people appeared at the Senate Judiciary Committee Hearing for HB1340 . Amoung those who testified in opposition to the pre-parole bed increase were; Cindy Black who was one of the leaders of the opposition group for the proposed Commerce City pre-parole facility and Virginia 1fKjC' from Greeley who played a major role in organizing opposition to The Villa' s Greeley site. While the bill ' s main purpose was funding for several new state prisons and additions to existing facilities , the bulk of the non-committee member testimony revolved around the pre-parole prison. Aire Zavarras director of the DOC testified to several of parts of the bill . Some of his comments of note include: the Del Camino site being a metro Denver site, one geographically positioned to accomodate the nearly 75% of inmates in the state prison system who come from the metro area. He noted that he was disturbed by the rumor and innuendo that the pre-parole facility was an early release facility . He said the DOC has no intentions of sending parolees to the facility one day sooner than required. He failed to mention the fact that the State Parole board will be the ones determining who is paroled and sent to the 4 pre-parole facility . Members of this board are appointed and removed by Governor Romer . Violent offenders can be reclassified to a non-violent classification prior to having a hearing before the parole board. Once a pre-parole facility is online, a microwave oven approach to prison management will occur . Offenders will be reclassified at a faster rate for the purpose of reducing their sentenced time and freeing up bed space in the state prisons . Michael Brandt , representing The Villa spoke for about five minutes about their need for increased bed space and a few details of the location of the facility . He noted that at the December 8th hearing here in Greeley, the number of propents at the hearing equalled or exceeded the number of opponents . Most of us in this room know that was not true. While our group was acknowledged several times during the hearing, many of the Judiciary committee members questioned why we had come to the capitol . Once again we were told this was a county issue. The very next day, when HB1340 hit the Senate floor , Senator Paul Weissmann, came up two votes short of adding an amendment to the bill that would have required community support for pre-parole facilities . Specifically, his amendment would have stated, that before the DOC could enter into any contract for space in a pre- parole facility, the DOC' s executive director would have to determine that "there is substantial community support for such facilities . " Senator Weissmann believes that correctional 5 facilities don' t have to built where there not wanted when there are communities that might welcome such facilities . His district located primarily in Boulder County is only eight minutes away from the Del Camino site in Weld County thus his costituents had no say in your December 8th decision. Apparently Representative Drew Clark also agrees with the need to have community support . He attempted to amend HB1356 , the $7 . 87 billion spending package bill , better known as the long bill , to state that the DOC must hold at least one public hearing before proceeding with a contract for space in pre-parole facilities . The bill has yet to be approved by the legislature. Reflecting on the happenings at the capitol during the past couple of months, a true miracle has happened. Many people probably felt efforts at the capitol would be a waste of time . The trips to the capitol , however, have made the legislators realize the determination by the opposition to stop The Villa' s project . I am encouraged that amoung some of the legislators , what We The People want does matter . 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C tai I a I N w C O.�"..,a) ',.O N 4-4 .� i.:O N O %.�i cu > N a) CUQ e e a'a•0 >.aa)) co—a ct C ��a,.) �a)� o [�.S o I-. � o°'o • y ts y c vpo `[°w °� o w vI 00.o ",® W E y �.QAp� =.d .. .v. E O a is 8 C >+ 8 w W J u of N O N• O4r N a) a) L a y.9 C •_ i g ��'ap^+ v o av a.,y 1a. a Dyer=i 0 0 x ~� o a) v y i ^ U u Cbw C ry h E „ w ai a) •-• N 'O� O-o ,E•"'- = N cn ma .0 .x'). �Eo0 to ta8•= oav8ne'top•a8 , z''va, • a ai-. State Representative * 78 76 Vice Chairman: DAVID T.0WEN ` 2722 Buena Vista Drive Appropriations Committee Greeley,Colorado 80631 COLORADO Member: Business: 330-9600 HOUSE OF REPRESENTATIVES Joint Budget Committee Capitol: 866-2943 STATE CAPITOL DENVER 80203 April 7, 1994 Weld County Board of Commissioners 915 10th PO Box 758 Greeley, CO 8063L Dear Commissioners : On behalf of my many constituents who oppose pre-parole facilities near Del Camino , I would like to express concerns in this matter. Personally , I would rather see the money used for prisons instead of pre—parole facilities as I believe criminals should be made to serve the full sentences handed down to them by our legal system. The validity of these pre-parole facilities , in my opinion, is ques- tionable . Prison inmates assigned to the center for the Del Camino area are only there for a 90 day stay before they are released on parole . I ask you, what can they learn in 90 days? Please know that my constituents are extremely upset regarding the pre- parole facilities , and I urge that you reconsider your decision to permit the location of a pre-parole facility within unincorporated Southwest Weld County. I realize that the state may benefit from the 380 additional "prison" beds that the pre-parole facility will generate ; however , I believe the money would be better spent building a minimum security prison. Such a prison would be more useful to the state than an untested pre—parole facility . Again , I urge your reconsideration of this most controversial issue , and hopefully you' will agree with the concerns of the majority of residents living within Southwest Weld County . Sincerely , David T. Owen DTO: scw '_' EXHIBIT cc : Susan Halkin ,� EV itsl�cF • fir/ `^j�1 !CA) i:,�' ,VII • • State Representative +x876 ±� Vice Chairman: DAVID T OWEN Appropriations Committee 2722 Buena Vista Drive COLORADO Member: Greeley,Colorado 80631 Business: 330-9600 HOUSE OF REPRESENTATIVES Joint Budget Committee Capitol: 866-2943 STATE CAPITOL_ DENVER 80203 April 7, 1994 • Weld County Board of Commissioners 915 10th PO Box 758 Greeley , CO 80631 Dear Commissioners : On behalf of my many constituents who oppose pre—parole facilities near Del Camino , I would like to express concerns in this matter . Personally , I would rather see the money used for prisons instead of pre—parole facilities as I believe criminals should be made to serve the full sentences handed down to them by our legal system. The validity of these pre-parole facilities , in my opinion , is ques- tionable . Prison inmates assigned to the center for the Del Camino area are only there for a 90 day stay before they are released on parole . I ask you, what can they learn in 90 days? Please know that my constituents are extremely upset regarding the pre— parole facilities , and I urge that you reconsider your decision to permit the location of a pre-parole facility within unincorporated Southwest Weld County . I realize that the state may benefit from the 380 additional "prison" • beds that the pre-parole. facility will generate ; however , I believe the money would be better spent building a minimum security prison . Such a prison would be more useful to the state than an untested pre-parole facility . Again , I urge your reconsideration of this most controversial issue , and hopefully you will agree with the concerns of the majority of residents living within Southwest Weld County. SinlY , David T. Owen DTO: scw cc : Susan Halkin 0f•cot -. les State Representative 4:476,4" Vice Chairman: DAVID T 0WEN Appropriations Committee 2722 Buena Vista Drive COLORADO Member Greeley,Colorado 80631 Joint Budget Committee Business: 330-9600 HOUSE OF REPRESENTATIVES Capitol: 866-2943 STATE CAPITOL DENVER 80203 April 7 , 1994 • Weld County Board of Commissioners 915 10th PO Box 758 Greeley , CO 80631. Dear Commissioners : On behalf of my many constituents who oppose pre—parole facilities near Del Camino , I would like to express concerns in this matter . Personally , I would rather see the money used for prisons instead of pre—parole facilities as I believe criminals should be made to serve the full sentences handed down to them by our legal system. The validity of these pre-parole facilities , in my opinion , is ques- tionable . Prison inmates assigned to the center for the Del Camino area are only there for a 90 day stay before they are released on parole . I ask you , what can they learn in 90 days? Please know that my constituents are extremely upset regarding the pre— parole facilities , and I urge that you reconsider your decision to permit the location of a pre-parole facility within unincorporated Southwest Weld County . I realize that the state may benefit from the 380 additional "prison" beds that the pre-parole facility will generate ; however , I believe the money would be better spent building a minimum security prison . Such a prison would be more useful to the state than an untested pre-parole facility . Again , I urge your reconsideration of this most controversial issue , and hopefully you' will agree with the concerns of the majority of residents living within Southwest Weld County . Sincerely , David T. Owen DTO: scw cc : Susan Halkin OFD 1pqq 4757• •State Representative 4.113t6 ' Vice Chairman: DAVID T.0WEN Appropriations Committee 2722 Buena Vista Drive COLORADO Member Greeley,Colorado 80631 Joint Budget Committee Business: 330-9600 HOUSE OF REPRESENTATIVES Capitol: 866-2943 STATE CAPITOL DENVER 80203 April 7, 1994 • Weld County Board of Commissioners 915 10th PO Box 758 Greeley, CO 80631 Dear Commissioners : On behalf of my many constituents who oppose pre—parole facilities near Del Camino , I would like to express concerns in this matter. Personally , I would rather see the money used for prisons instead of pre—parole facilities as I believe criminals should be made to serve the full sentences handed down to them by our legal system. The validity of these pre-parole facilities , in my opinion , is ques- tionable. Prison inmates assigned to the center for the Del Camino area are only there for a 90 day stay before they are released on parole . I ask you, what can they learn in 90 days? Please know that my constituents are extremely upset regarding the pre- parole facilities , and I urge that you reconsider your decision to permit the location of a pre—parole facility within •unincorporated Southwest Weld County . I realize that the state may benefit from the 380 additional "prison" beds that the pre-parole facility will generate ; however , I believe the • money would be better spent building a minimum security prison . Such a prison would be more useful to the state than an untested pre-parole facility . Again , I urge your reconsideration of this most controversial issue , and hopefully you will agree with the concerns of the majority of residents living within Southwest Weld County . Sincerely , David T. Owen DTO: scw cc : Susan Halkin mac/ ANt4t4. \O) State Representative - * 1876 }� Vice Chairman: DAVID T OWEN Appropriations Committee 2722 Buena Vista Drive COLORADO Member: Greeley,Colorado 80631 Joint Budget Committee Business: 330-9600 HOUSE OF REPRESENTATIVES Capitol: 866-2943 STATE CAPITOL DENVER 80203 April 7, 1994 • Weld County Board of Commissioners 915 10th PO Box 758 Greeley , CO 8063L Dear Commissioners : On behalf of my many constituents who oppose pre—parole facilities near Del Camino , I would like to express concerns in this matter . Personally , I would rather see the money used for prisons instead of pre—parole facilities as I believe criminals should be made to serve the full sentences handed down to them by our legal system. The validity of these pre-parole facilities , in my opinion , is ques- tionable . Prison inmates assigned to the center for the Del Camino area are only there for a 90 day stay before they are released on parole . I ask you , what can they learn in 90 days? Please know that my constituents are extremely upset regarding the pre- parole facilities , and I urge that you reconsider your decision to permit the location of a pre-parole facility within unincorporated Southwest Weld County. I realize that the state may benefit from the 380 additional "prison" beds that the pre—parole facility will generate ; however , I believe the money would be better spent building a minimum security prison. Such a prison would be more useful to the state than an untested pre-parole facility . Again , I urge your reconsideration of this most controversial issue , and hopefully you will agree with the concerns of the majority of residents living within Southwest Weld County . Sincerely, David T. Owen DTO: scw cc : Susan Halkin pF Cpl adEc34kF State Representative *.1876] Vice Chairman: DAVID T OWEN Appropriations Committee 2722 Buena Vista Drive COLORADO Member: Greeley,Colorado 80631 Business: 330-9600 HOUSE OF REPRESENTATIVES Joint Budget Committee Capitol: 866-2943 STATE CAPITOL DENVER 80203 April 7, 1994 Weld County Board of Commissioners 915 10th PO Box 758 Greeley, CO 80631 Dear Commissioners : On behalf of my many constituents who oppose pre—parole facilities near Del Camino , I would like to express concerns in this matter. Personally , I would rather see the money used for prisons instead of pre-parole facilities as I believe criminals should be made to serve the full sentences handed down to them by our legal system. The validity of these pre—parole facilities , in my opinion, is ques— tionable . Prison inmates assigned to the center for the Del Camino area are only there for a 90 day stay before they are released on parole . I ask you, what can they learn in 90 days? Please know that my constituents are extremely upset regarding the pre— parole facilities , and I urge that you reconsider your decision to permit the location of a pre—parole facility within unincorporated Southwest Weld County. I realize that the state may benefit from the 380 additional "prison" beds that the pre-parole facility will generate ; however , I believe the • money would be better spent building a minimum security prison . Such a prison would be more useful to the state than an untested pre—parole facility. Again , I urge your reconsideration of this most controversial issue , and hopefully you will agree with the concerns of the majority of residents living within Southwest Weld County . Sincerely , David T. Owen DTO: scw cc : Susan Halkin Rof-k UJN I4 i J *1,33A 61 -year-old inmate escapes shoots cop, dies in car wreck- ., Issociated Press -- ley, where police Sgt. James in Swanzey, N.H., just outside Mickel d over.As Mickel BOSTON — Robert Stewart approached the Jeep,Stewart shot over several a eral tilice m es. s The Jeep rolled 'as a model prisoner who could him in the chest,police said. The Corrections Department lave been free in seven months It was unclear whether Mickel was investigating the escape and titer serving 14 Years for murder knew Stewart was an escapee.Po- whether the woman Stewart was Instead,he escaped from prison, lice sent out a radio bulletin about seen arguing with, his former tole a car,shot a police officer and Stewart, but Mickel might have girlfriend Katheryn Peterson,was lied Sunday in a wreck during a pulled him over because the Jeep involved. police chase in southern New was missing a headlight, officer Peterson would not comment. dampshire. William Wright said. But WHDH-TV in Boston report- Stewart walked out of a pre- Mickel,45,was in fair condition ed that Peterson said she dated release program March 26 at the at the University of Massachusetts Stewart until she learned in De- mmunum-secunt state prison in Medical Center. Doctors removed cember that he was an inmate on Lancaster, about B0 miles west of bullet fragments that were within work-release. She said he became Boston. an inch of his heart. He was ex- obsessed with her after she ended "A guy who is 61 years old, has pected to recover. the relationship,WHDH reported. >erved 14-plus years and has a After the shooting, Stewart Stewart abducted Peterson af- Jarole hearing coming up in a mat- drove about 40 miles northwest to ter his March 26 escape and :er ot months is one of the last Keene, N.H., where an officer forced her to accompany him to )eople who walks away," said lie- spotted the missing headlight ear- Washington D.C., where she es- iartment of Corrections spokes- ly Sunday morning. caped,WHDH said. nan Tony Carnevale. Cpl. Jack Zeller said he was Stewart later arranged to call Stewart did have a history of ready to pull Stewart over when her at the pay phone at the Leom- escapes, but Carnevale said none he heard a radio bulletin. inster restaurant, and police was from a state prison. "This was my Easter present planned to trace the call, WHDH Police spotted Stewart Saturday that I did not make that stop," said.But instead of phoning,Stew- night arguing with a woman in the Zeller said. "You never know art showed up at the restaurant parking lot of a restaurant in when it's going to happen." and argued with Petersen before Leominster, about 10 miles from Zeller followed Stewart and the police officer scared him off. the prison. When an officer ap- then gave chase with help from Stewart,who was from Glouces- proached him, he jumped into a other officers. ter,was serving a life sentence for stolen Jeep and sped away. Stewart died after he intention- second-degree murder in the Stewart drove to nearby Shir- ally rammed a state police cruiser death ot a Newton businessman. MASSACHUSETTS _ 40 killers go back to prison Gov.William Weld ordered 40 murderers off work-release pro- grams and back behind bars after a convict failed to return to prison and then wounded a police officer. Convicted murderer Robert E. Stewart died Sunday in a car crash during a police chase after he shot and wounded Sgt.James Mickel. The officer,who is recovering, had stopped him for a broken headlight. Associated Press and Reuter
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