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WELD COUNTY COUNCIL
February 1, 1995
Tapes #21-95, #22-95
The Weld County Council met in regular session in full conformity with the Weld County
Home Rule Charter at the Weld County Centennial Center, 915 10th Street in Greeley,
Colorado, on Wednesday, February 1, 1995.
ROLL CALL:
The meeting was called to order by President Gardner, and the following members were
present, constituting a quorum of the members thereof: Vice President Stephanie
Hayward , Councilwomen Judy Curtis and Pam Malcom, and Councilman Ralph
Campbell.
Also present were Bruce Barker, David Young, Clair Orr, Wendy Hoffman, M.D. and
Sharon Hopper, and Jim Hayward.
APPROVAL OF MINUTES:
Councilman Campbell moved to approve the minutes of the January 4, 1995 meeting.
Councilwoman Curtis seconded; the motion passed.
APPROVAL OF RESOLUTIONS 104 AND 105:
President Gardner read aloud Resolution 104 honoring former Councilman Clair Orr for
his service to Weld County. Councilman Campbell moved to approve Resolutions 104
and 105. Vice President Hayward seconded; the motion passed unanimously.
Councilman Campbell read aloud Resolution 105 honoring former Councilman David
Young. President Gardner presented a plaque to Clair Orr recognizing his service to
the people of Weld County. Councilman Campbell presented a plaque to David Young
to recognize his 4 1/2 years of service on the Weld County Council.
APPOINTMENTS:
President Gardner noted the Elected Officials meeting February 13, 1995 at 10 am.
Vice President Hayward will attend the meeting. Councilwoman Malcom and President
Gardner will also try to attend.
ADDITIONS TO THE AGENDA:
There were no additions to the agenda at this time.
CORRESPONDENCE:
The Council reviewed the correspondence listed on the agenda. President Campbell
commented on the up -coming workshop in Greeley, "How to Handle Difficult People".
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REPORTS:
COORDINATOR REPORTS
Follow-up on Citizen's Letter RE: Ordinance #89 -CC
President Gardner reported that he had contacted Mr. Augerot in response to his letter
re: Ordinance #89 -CC and that they had had a telephone conversation. President
Gardner gave Mr. Augerot the times, and relevant information regarding when
Ordinance #89 -CC would be read and when public comment could be made. Mr.
Augerot was satisfied with the information provided by the Council President and
indicated that a letter to follow-up the conversation was not necessary. County Attorney
Bruce Barker provided an up -date on the current status of Ordinance #89 -CC; it will
read for the second tune on Monday, February 6, 1995. Councilman Campbell noted
that this was a good time to have input into the process of the future of this ordinance.
Council's Coordinator Report -Assignments
President Gardner pointed out that the Council's Coordinator Report assignments were
no longer aligned in the same way as the Commissioners'. The most dramatic change
is that Councilman Campbell 's assignment, Department of Communications Services,
no longer exists. It was determined that Councilman Campbell would assume
responsibility for the Department of Human Services which was not currently assigned
to any Council person.
Council's Meeting Locations for 1995
Councilwoman Malcom reported that the Pierce meeting is scheduled for Sept 6, 1995.
President Gardner checked with Sharon Hopper (in audience) about meeting in Del
Camino at the Budget Host Motel for the March 1, 1995 Council meeting. Sharon will
be arranging contacts and getting back with President Gardner on this. The July
Council meeting will be at Windsor assuming the application for use of the room is
accepted.
Councilman Campbell stated that the Dacono meeting was set for May. It was
determined that it would be appropriate to have someone from the Road and Bridge
Department at that meeting. President Gardner asked Councilwoman Curtis to arrange
a speaker for the Dacono meeting since she is the Coordinator for Road and Bridge.
Councilwoman Curtis will make arrangements for the April, 1995 meeting in the
Stoneham area as there is not a viable meeting place in Stoneham. Councilwoman
Hayward will be arranging the Ft. Lupton meeting for August or October.
If the arrangements can be finalized the Council will approve a resolution setting the
rest of the 1995 meeting schedule at the March 1, 1995 meeting. Councilwoman Curtis
moved that the Council hold its March 1, 1995 meeting at the Budget Host Motel in the
Del Camino area at 7:30 pm. Council person Malcom seconded; the motion passed.
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County Council Minutes
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OLD BUSINESS:
Council's Participation in the July 4, 1995 Parade
Councilwoman Malcom reported that she had checked with several printing companies
and that a durable banner suitable for use on a car for the Council for the July 4, 1995
parade would cast $65 to $70. Councilman Campbell asked whether that price was for
one banner or two banners for two sides of a car? Councilwoman Malcom will check
again with the printer. President Gardner said that he thought he could get a
convertible for the Council to use in the parade.
Whether the Council would have to pay an entrance fee into the July 4, 1995 parade
was discussed. Clair Orr thought that a minimal fee was required that would have to be
paid approximately a month before the parade.
Greeley Tribune Coverage of Council Meetings
Councilwoman Hayward had the name of the Greeley Tribune employee assigned to
the Council, and she wanted to get the Council's input about contacting this person. It
was determined that President Gardner would call the Greeley Tribune about this
matter.
Pre -Meeting Contact with Town Officials
Councilwoman Malcom indicated that she thought it would be appropriate if the town
mayor was invited to dine with the Council before the meeting. President Gardner
suggested that the Council person responsible for contacting the town official about the
meeting should send also send a letter of invitation to the town council and the chamber
of commerce. He suggested that a flyer should be prepared and sent as well.
Councilwoman Hayward encouraged others to include in the letter that citizens were to
be encouraged to attend the County Council meetings in their town.
NEW BUSINESS:
Maintenance of Roads in Nunn Area
Councilwoman Curtis stated that when she was petitioning she encountered -a lady. who
had addressed problems with the roads in the Nunn area. Councilwoman Curtis felt
that this was an issue to be addressed when the Council had a meeting in that area.
President Gardner suggested that Councilwoman Curtis contact Commissioner
Kirkmeyer or Commissioner Baxter about the width of the graded roads and snow
removal in winter time. President Gardner asked Councilwoman Curtis to report at the
March meeting about her contact with the Commissioners about this situation.
Payment of the Bills
Councilwoman Curtis moved to approve the payment of the bills as listed.
Councilwoman Hayward seconded: the motion carried.
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$22.00 mileage for Council Campbell
$40.00 mileage for President Gardner
$ 5.13 legal publication of Report to the People, December, 1994
PUBLIC COMMENTS:
Del Camino Issues
President Campbell explained the limited and specific duties of the Weld County Council
to the audience and then offered for those prepared to speak to do so.
Wendy Hoffman addressed the Council about the lack of representation of County
officials at their January 23, 1995 community meeting which she felt was an example of
their long standing gripe. Wendy then outlined her perspective of the history of the pre -
parole prison situation in the Del Camino area. She stated that she would like the
County Council to investigate what appeared to be a threat from the people wanting the
pre -parole prison (based on the fact that Commissioners stated that they would be sued
if they did not vote in favor of the pre -parole facility). Wendy spoke of the frustration of
not being able to speak directly with the County Commissioners by telephone about this
subject. She felt that people opposing the pre -parole prison were not heard and were
treated poorly and were misled by County staff. Mr. Hopper outlined the problems they
encountered when they tried to initiate a referendum after the original pre -parole facility
approval by the Commissioners.
Councilman Campbell asked Mr. Hopper whether he felt that County staff members
were helpful to him in providing the information that he needed to start the referendum
and initiative processes.
Mr. Hopper and Wendy Hoffman stated that they hired an attorney to prepare the
current initiative to change the Home Rule Charter because they felt that they had
gotten the "run around" from the Clerk to the Recorder's office and the County
Attorney's office in their 1993 attempt to have a referendum on the pre -parole facility
Commissioners' vote.
Sharon Hopper pointed out that when the initiative was presented in January, 1995
there was confusion about who was to accept the initiative; but County personnel were
polite and the confusion was eventually resolved.
After the public comment on this issue, Councilman Campbell Ralph thanked County
Attorney Bruce Barker for being at the meeting. The County Attorney continued in
dialogue with the Council regarding the legal aspects of the case. Mr. Barker explained
to the Council that Commissioners need to explain to the citizens that Commissioners
act at certain times in a quasi-judicial position and therefore they cannot dialogue
privately with citizens about quasi-judicial matters which are pending. The
Commissioners; ability to communicate this to a concerned citizen may influence
whether a citizen feels "heard" by his elected official.
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Councilwoman Hayward read from the Home Rule Charter regarding the Council's
authority to make periodic reviews of various aspects of County government.
Councilwoman Hayward pointed out that the people attending the meeting tonight had
asked the Council to review this situation. She asked the County Attorney if the Council
was allowed to do this? Mr. Barker stated that the Council can do what the Charter
says, but it is imperative that the Council hear both sides of all cases.
Councilwoman Hayward asked how she could initiate a review of the Del Camino Pre -
Parole Prison situation? Councilman Campbell stated that Councilwoman Hayward
could put on the Council's agenda to review whether the opponents to the Pre -Parole
facility were treated properly by County personnel. Councilwoman Hayward stated that
she wanted a possible Council review of that situation on the March 1, 1995 agenda.
Councilman Campbell asked if there was not something written down that would give a
citizen a procedure to follow in the preparation of an initiative or referendum. Mr. Barker
stated that besides the Home Rule Charter there are state guidelines that deal with
initiatives and referendums. The Home Rule Charter and the state guidelines have to
be considered together and it is complicated.
Mr Barker stated that in the January, 1995 presentation of the initiative there was
regrettably confusion about where the initiative should have been received because in
1989 the Clerk to the Board was separated from the Clerk and Recorder. Mr. Barker
said that he had talked with the Clerk and Recorder, Suki Tsukamoto, about the
procedure for the chain -of -custody for filing initiatives and petitions and he is now
drawing up a procedure to clarify this matter.
Mr. Barker stated that Assistant County Attorney Lee Morrison is a specialist in land use
issues in this state and he could sit down with the County Council and explain the
criteria that the Commissioners used in making the pre -parole facility decision.
President Gardner asked Mr. Barker to give the Council a couple of dates when the
Council could meet with Mr. Morrison.
Mr. Barker said that on February 2, 1995 the Board of Commissioners is going down to
Dacono to talk with citizens about the future of the area zoned mixed -use. The Board
wants to hear from the citizens about how they want that area to be developed. The
meeting is in Frederick at 7 pm at the school.
Secretarial Research Requests
The secretary is to get a copy of House Bill dealing with pre -parole prisons to each
Council member except Stephanie Hayward who already has a copy of it.
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County Council Minutes
February 1,1995 -Page 6
April 3, 1995 Workshop
President Gardner asked who wanted to attend the workshop, "How to Handle Difficult
People" being held in Greeley on April 3, 1995. President Gardner pointed out that four
Council members could attend for the price of three members. Councilwoman Hayward
moved that the Council fill out registrations for all five Council members for the National
Career Workshop, "How to Handle Difficult People" on April 3, 1995 in Greeley.
Councilman Campbell seconded; the motion passed.
ADJOURNMENT:
As there was no further business the meeting was adjourned at 10:05 pm.
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Date Approved
Beverly } iiomas, Secretary
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Step anie Hayward! ice President
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