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HomeMy WebLinkAbout20230575.tiffHEARING CERTIFICATION DOCKET NO. 2023-13.B RE: HEARING TO OBTAIN PUBLIC INPUT REGARDING CHANGING BOUNDARY LINES OF COMMISSIONER DISTRICTS IN WELD COUNTY, COLORADO A public hearing was conducted on March 1, 2023, at 9:00 a.m., with the following present: Commissioner Mike Freeman, Chair Commissioner Perry L. Buck, Pro-Tem Commissioner Scott K. James Commissioner Kevin D. Ross Commissioner Lori Saine Also present: Clerk to the Board, Esther E. Gesick County Attorney, Bruce T. Barker Clerk and Recorder, Carly Koppes The following business was transacted: IR I hereby certify that pursuant to a notice dated January 26, 2023, and duly published January 29, 2023, in the Greeley Tribune, a public hearing was conducted to obtain public input regarding changing the boundary lines of Commissioner Districts in Weld County, Colorado. Bruce Barker, County Attorney, made this a matter of record. Barbara Whinery, Greeley/Weld County League of Women Voters (LWV) Spokesperson, explained the LWV has been an active non-partisan organization for over 63 years, believing in active participation in fair, open government with transparent records, which is responsive and accountable to the citizens. She expressed concern with the lack of adherence to the standards, criteria and processes established in the Colorado Constitution and House Bill 21-1047 while developing the proposed district boundary map. She stated it is a major conflict of interest for the Board of Commissioners and asserted they should have involved a third -party committee. She further stated information about the process was not widely publicized, and the communities of interest were not treated consistently. She recommended a new map be developed in compliance with HB21-1047, as well as implementing standards and best practices for fair and transparent voting to ensure everyone is allowed to be part of the process. Beverly Wallace, Greeley resident, recognized the task of redistricting is a thankless job; however, she took exception to how it was handled and expressed her concern with the improper division of precincts. She stated the process should be more transparent, independent of those who may potentially benefit, should be competitive, equitable in size, and recognize communities of interest. She questioned the residency of the Board of Commissioners, as well as the division of the Carbon Valley and Tri-town/Dacono areas. Lastly, she submitted a proposed map and supporting data, marked Exhibit BE. Stacy Suniga, President of the Latino Coalition of Weld County, expressed her concerns with the lack of opportunities for community members to be involved, and the apparent disregard CC'.CR(c1C/0.S), BOCc(WF, CA 0RA GIS(31-/RR) .3/21/23 2023-0575 CR0034 HEARING TO OBTAIN PUBLIC INPUT - COMMISSIONER DISTRICT BOUNDARY LINES PAGE 2 of State law. She stated the published legal notice was insufficient and the proposed map was not available to view online until last week. Ms. Suniga referenced HB21-1047 and stated the legal process has not been followed, although Weld County is one of the fastest growing counties in the state. She indicated a map must not be drawn to protect an incumbent or political party, and there should have been at least three versions to consider and additional public hearings. She asked the Commissioners to reject the proposed map and restart the process. le Loretta Scott, Greeley resident, shared her beliefs stemming from her membership and heritage within the Daughters of the American Revolution. She spoke concerning the values of Democracy, equality, elected officials adhering to laws, and education of the public. She referenced HB21-1047 and stated it is essential for elected officials to enact new laws to maintain the intent of the process for the interest of citizens and balanced representation. She requested the Board discontinue with the current process and call for three maps and future public hearings. Ann la Plante, Greeley resident, expressed her concern with splitting the City of Greeley into three separate districts, despite being one-third of the overall county population. She also cited a disconnect between the Greeley and Weld County Housing Authorities as an example. El Bruce Barker, County Attorney, stated HB21-1047 does not require Home Rule Charter counties to comply with its provisions. He confirmed, in 2021, the sponsor of the bill had the opportunity to include Home Rule counties in the list, but they were not. He explained the provisions for Home Rule counties come from Article XIV, Section 16 of the Colorado Constitution, which he read for the record. He stated it is important to understand that as a Home Rule County, the citizens have the ability to establish the organization and structure, including how districts are set up, as well as the procedures for making changes. Mr. Barker explained HB21-1047 relied upon C.R.S. §30-10-306, which determined how to elect commissioners, and then it added the procedures as discussed by the public today. Additionally, he noted there have been two ballots since HB21-1047 was enacted; however, no action was taken to change the Home Rule Charter to state the Board shall comply with these new state statute guidelines. He asserted Weld County remains a Home Rule County, as authorized by the State Constitution and voted in by the citizens, and as a result, the Board must comply with the procedures of the Charter as it currently stands. Commissioner Saine stated she visited with various people in District 3 who are content to be in the same district as their neighbors. She stated, formerly, when she represented Colorado House District 43, she recognized Weld County has a very diverse population, yet there are similar values and principles. She commended Clerk and Recorder Koppes for her due diligence in an effort to balance a diverse population, while keeping the districts equitable in size. She also expressed her pride in the Weld County Home Rule Charter, and explained that as a potential candidate in the upcoming election for District 3, she will abstain from the vote. Commissioner Ross stated the Board is tasked with keep the three districts within 5% of population and anticipated growth; however, there is no consideration for demographics or political affiliation. He stated the Commissioners take an oath to uphold the U.S. Constitution, the Colorado Constitution, and the Weld County Home Rule Charter, and it is his belief that Greeley receives great representation with three (3) District Commissioners and two (2) At -Large representatives, who are all working within the County Seat, as well as the rural part of the county. 2023-0575 CR0034 HEARING TO OBTAIN PUBLIC INPUT - COMMISSIONER DISTRICT BOUNDARY LINES PAGE 3 e Chair Freeman stated this is his 11th year, and this is the first year that Greeley doesn't have at least two Commissioners living in Greeley, thus there has been more than sufficient representation. e Commissioner Buck concurred there is a very large urban and rural divide in the State of Colorado, and Greeley residents need to respect the effort to balance the interests of urban and rural constituents, and the boundary lines were shifted based on population only. e Commissioner James stated the urban/rural divide does not exist in Weld County as a result of the former and proposed boundaries. He read Section 3-3(2) of the Weld County Home Rule Charter for the record, and asserted the Commissioners have met the requirements of the Charter. e Commissioner James moved to approve and establish the boundary lines and division of precincts into the respective County Commissioner Districts, as shown on the map labeled Exhibit "A". Commissioner Ross seconded the motion, and upon a roll call vote, the motion carried four (4) to one (1), with Commissioner Saine abstained. There being no further discussion, Chair Freeman adjourned the hearing at 10:00 a.m. This Certification was approved on the 15th day of March, 2023. APPROVED: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d ) : dok Weld County Clerk to the Board BY: eputy Clerk o the Board Mike an, Chair erry . Buc Scot K. James Kevin D. 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