HomeMy WebLinkAbout961490 RECORD OF PROCEEDINGS
MINUTES
BALLOT ISSUE TITLE BOARD
WELD COUNTY, COLORADO
AUGUST 19, 1996
TAPE #96-22
The Ballot Issue Title Board of Weld County, Colorado, met in special 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,
August 19, 1996, at the hour of 1:30 p.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 Barbara J. Kirkmeyer, Chair
Commissioner George E. Baxter, Pro-Tem
Commissioner Dale K. Hall
Commissioner Constance L. Harbert
Commissioner W. H. Webster
Clerk and Recorder, J. A. "Suki" Tsukamoto
Also present:
County Attorney, Bruce T. Barker
Assistant County Attorney, Lee Morrison
Acting Clerk to the Board, Carol A. Harding
ADDITIONS: There were no additions to the agenda.
BUSINESS:
NEW: CONSIDER REQUEST FOR SETTING OF TITLE FOR A LOCAL BALLOT
ISSUE BY THE VILLA AT GREELEY, INC., TO BE PLACED ON THE
NOVEMBER 5, 1996, GENERAL ELECTION BALLOT: Bruce Barker, County
Attorney, reviewed the procedure from the Weld County Administrative Manual
concerning the setting of a ballot title and submission clause. He stated The
Villa, at Greeley, Inc. (The Villa) has submitted a request for the setting of a ballot
title for an issue required by a recent amendment to the Weld County Home Rule
Charter regarding siting of correctional or detention facilities. He also noted a
request for a change of venue has been received from Stephanie Hayward, Weld
County Council President. Mr. Barker suggested the change of venue request
be addressed at this time and noted Lee Morrison, Assistant County Attorney,
has submitted a memo to the Board regarding this request. Responding to a
request from Chair Kirkmeyer, Mr. Morrison summarized his memo dated August
12, 1996, and stated the statutory basis for such change of venue does not seem
to be supported for the conduct of quasi-judicial matters other than at the
regularly scheduled meeting of the governing board, unless otherwise provided
by charter or ordinance. Colorado Revised Statutes also provide for the conduct
of business at the county seat. Mr. Morrison stated, however, this should not
961490
a�' BC0016
preclude the Board of Commissioners from other meetings being scheduled
outside the county seat to gather information on legislative matters.
Commissioners Harbert and Webster stated the meeting should continue at
present, since there is no basis for a change of venue. Chair Kirkmeyer stated
the meeting would continue and defined the procedure to be followed for today's
meeting. Kim Houtchens, Attorney representing The Villa reviewed the request
submitted by The Villa and also the written argument submitted by John E.
Hayes, representing Marvin Hopper. He noted the main difference in the two
proposed titles is the omission of cost in the title submitted by Mr. Hayes. In
order to preclude any possibility of further litigation, Mr. Houtchens stated The
Villa would accept the language submitted by Mr. Hayes, and The Villa will
endeavor to inform the citizens of the cost if the issue is not approved.
Responding to Chair Kirkmeyer, Mr. Houtchens stated he is not withdrawing his
request for setting the title of the ballot issue, he is simply withdrawing his
proposed language. He stated he has no recommendation for the wording of the
submission clause and suggested Mr. Morrison might have more information
regarding the proper language. Mr. Morrison responded that the issue is fairly
before the Board for determination. Chair Kirkmeyer asked whether
Mr. Houtchens has a preference regarding the inclusion of the specific legal
description in the ballot title, instead of including a general description. Mr.
Houtchens stated, in order to preclude any possibility of further litigation, he
would prefer the legal description be included. Mr. Hayes stated he has no
further comment since there is agreement on the issue and he appreciates the
concurrence of The Villa. Chair Kirkmeyer verified Mr. Hayes is agreeable to
including a specific legal description in the title. Mr. Barker stated the revised
language is available, and displayed an overhead with the legal description
included. Chair Kirkmeyer then opened the meeting for public comments and
indicated only registered Weld County voters are affected by the wording of said
ballot issue, therefore, only Weld County electors will be allowed to speak.
Sharon Hopper stated she is concerned about only the truth being included in any
pamphlet published regarding said ballot issue. Marvin Hopper stated Mr. Hayes
does not represent him as an individual, instead he represents the Citizens
Action Committee of Southwest Weld County. Arthur Elmquist questioned the
timing for the booklet to be published. Mr. Morrison stated if Mr. Elmquist is
speaking of the notice required by the TABOR Amendment, this is not an issue
which would require notice. He said further research would be necessary to
determine whether the Clerk and Recorder may include an issue not related to
the TABOR Amendment in that pamphlet. He suggested the Clerk and Recorder
be in touch with Mr. Elmquist after this question is researched. Janet Meisinger
spoke in favor of the language, as did Mary Margot Mengel, representing the
Casa Grande and Enchanted Hills Subdivisions. Chair Kirkmeyer denied the
request of one individual wishing to speak since she is not a Weld County
registered voter. Virginia Scheel questioned whether a name change has
occurred for The Villa, stating she was not aware it was incorporated. Mr. Barker
stated this will be researched and a response made to Ms. Scheel.
Commissioner Harbert moved to accept the wording presented by Mr. Hayes,
with the addition of the specific legal description, as shown by Mr. Barker.
Commissioner Webster seconded the motion. Commissioner Baxter stated he
is uncomfortable with the title not including the cost to the taxpayers, since it is
a direct consequence of the outcome of this election. He feels the electors need
Minutes, August 19, 1996 961490
Page 2 BC0016
to know, but will rely upon The Villa informing the public. There being no further
discussion, the motion 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 2:00 p.m.
onnisor
1 1E/L BALLOT ISSUE TITLE BOARD
�Ji� WELD COUNTY, COLOR/C)O
i /� Al j
less ``%.it _ : ' �7 'Barb a_J. Kirkmeyer, Chair U
�i u
y AV k to the Board
S% V� �ivie - „Z orget. Baxter, Pr Tem
Deputy Clerk ii the Board J«
ale K. Hall, Commissio'%ler�///p/'/j/
onstance L. Harbert, ommissioner
AllIbi Ai) 0/
W. 'Webster, Commissi
V.
. A. "Suki" Tsukamoto, Clereco der
Minutes, August 19, 1996 961490
Page 3 BC0016
@Atr
511012
4/vii7 # fledge
3/44,
(') .2&36'4
"IQ S
j--da e S-}e/ /
-" Tmort, CO5"0�
Jf S
,4) / /7/a r ; v f j?'7en t
i1y n) en C /6 6.0 �b �1 `
g yo
((%/ c1, f//$
42i rY
te / 7 P �f-e-1--
C1/4 l // 12'1,�ci v1
cs
Mirue L m< L( 1S�
L
� C-Z5 l co� tiY
ci
,-tom ,
`3C�3 7 7 s
ODA- aad
Mq,rvird P' C7 °/19C�' '�
3463 (I) (oh__
(oh__o7Cc), mar/4 ova S' OSO y
AQro / �v4ppfr
f6.s-6 &OC /RcL 2° z
L e?4 (20 Asa/
/4A S` , hsk,
/3 S a - / 7 ILA 5-Y.
� 4 3? 3- Zs , < yS,f,
Hello