HomeMy WebLinkAbout20182633.tiffRESOLUTION
RE: SUBMITTING AMENDMENTS TO THE WELD COUNTY HOME RULE CHARTER TO
THE QUALIFIED ELECTORS OF THE ELECTION ON NOVEMBER 6, 2018
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, Article XVII, Section 17-1(1)(b) of the Weld County Home Rule Charter
provides for the submittal to the qualified electors proposed Weld County Home Rule Charter
("Charter") amendments by Resolution of the Board, and
WHEREAS, by Resolution #2018-0686, approved on March 5, 2018, the Board created a
Charter Amendment Study Committee ("the Committee") and appointed its members, directing
the Committee to determine if amendments to the Charter would be beneficial to provide good
government by and for the citizens of Weld County, and
WHEREAS, the Board further directed the Committee to report its recommendations to
the Board on July 23, 2018, and
WHEREAS, the Committee met in open public meetings each week from March 13, 2018,
through June 27, 2018, and again on July 11 and 18, 2018; six (6) of the meetings being public
hearings at locations across Weld County to take public input, and
WHEREAS, on July 23, 2018, the Committee recommended to the Board that the
following proposed amendments to the Charter be proposed to the qualified electors of Weld
County in the form of ballot questions referred to the ballot for the November 6, 2018, Election
(bold and/or strikeout show amendments):
Section 3-6. - Commissioner - Departments.
(1) The Department of Finance, Central Purchasing, and Personnel and Administration
shall be coordinated by the Chairman of the Board of County Commissioners.
(2) Each of the other #euc three major departments, as established by Article IV, shall be
02_
coordinated by one of the other Commissioners together with assistance from another
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Commissioner, both of whom shall be appointed by the Board at its first meeting in
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January each year.
oti
Section 3-8. - Powers and Duties.
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aom
!�:N (4) Without limiting the generality of the foregoing or diminishing the total authority and
oLL o responsibility of the Board as herein provided, the powers and duties of the Board shall
ig;m• include duties and powers to:
W¢Y (b) Enact legislation including such means of enforcement thereof as shall be
as m� authorized by law, and otherwise formally promulgate county policy. Unless
otherwise required by statute, the Board shall act only by ordinance in matters of
legislation, contracts, and appropriations, and disposition of real property, and by
ioNYti ordinance, resolution or motion, as may be appropriate, in other matters.
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() Pawls" BC0013
SUBMITTING AMENDMENTS TO THE WELD COUNTY HOME RULE CHARTER TO THE
QUALIFIED ELECTORS OF THE ELECTION ON NOVEMBER 6, 2018
PAGE 2
Section 3-9. - Compensation.
(3) Until otherwise set, the salary of the members of the Board shall be: Commissioners
of districts 1 and 3, $10,000.00; and Commissioner of district 2 and Commissioners at
large, $15,000.00 per year.
Section 3-11. — Official Meetings.
(1) Regular Board meetings shall be held at least twice weekly on days to be determined by
the Board by resolution,; except however, a regular meeting may be cancelled; however,
by resolution of the Board passed and publicly announced at least ten (10) days prior to
the cancelled meeting date.
Section 6-5. - Qualifications.
(5) A person who has been convicted of a felony shall not be eligible to be elected or
appointed to County office.
Section 10-6. - Jailer — County not Furnish Residence.
The County shall not be required to furnish the Sheriff, as keeper of the jail, nor any deputy
appointed for that purpose, with living quarters. This shall not relieve the Sheriff of his duty to
safely keep all prisoners committed to his custody according to law.
Section 16-6. - Public Notice.
Notice to the public of ordinances and of certain official acts, events, determinations,
proceedings or meetings shall be given. Unless defined otherwise in the ordinances, rules or laws
pertaining to the procedure to which the public notice relates, public notice may be by publication
in a newspaper of general circulation in the County or by such other media and in such form as
may be prescribed by the Board; except in the case of contracts for expenditures in the
amount of $2,500,000 or greater, notice shall be by two publications ten days apart prior
to approval. When the notice informs the public of some event to take place in the future, it shall
be published at least five days prior to such event.
Section 17-3 — Non -Substantive Revisions.
(1) The Board of County Commissioners may, without approval of the voters, adopt
an ordinance that makes the following types of revisions to this Home Rule
Charter:
(a) Renumbering, revising titles, and rearranging parts thereof;
(b) Correcting errors in spelling, grammar, cross-references, and punctuation;
(c) Revising language to reflect modern usage and style; and
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Carly Koppes, Clerk and Recorder, Weld County, CO
41ICliN I 11111
2018-2633
BC0013
SUBMITTING AMENDMENTS TO THE WELD COUNTY HOME RULE CHARTER TO THE
QUALIFIED ELECTORS OF THE ELECTION ON NOVEMBER 6, 2018
PAGE 3
(d) Correcting obvious inconsistencies between sections.
(2) A revision adopted pursuant to this Section is not intended to and is not to be
interpreted as making any substantive change in any Charter provision.
Sections 2-2, 5-3(3), 6-1, 6-3, 6-6(2), 13-2(2), 16-1, 16-7, 16-9, 18-3, and 18-6, and in the
title to Article VI: Change the word, "elective," to the word, "elected," when referring to elected
office or elected officer(s) of the County.
, and
WHEREAS, after discussion by the Board, it was determined that certain language be
added to the amendment language recommended by the Committee for Section 16-6, as follows
(additional language shown in BOLD CAPITAL):
Section 16-6. - Public Notice.
Notice to the public of ordinances and of certain official acts, events, determinations,
proceedings or meetings shall be given. Unless defined otherwise in the ordinances, rules or laws
pertaining to the procedure to which the public notice relates, public notice may be by publication
in a newspaper of general circulation in the County or by such other media and in such form as
may be prescribed by the Board; except in the case of contracts for expenditures in the
amount of $2,500,000 or greater THAT ARE NOT IDENTIFIED IN THE COUNTY BUDGET,
notice shall be by two publications ten days apart prior to approval. When the notice
informs the public of some event to take place in the future, it shall be published at least five days
prior to such event.
, and
WHEREAS, the amendment language recommended by the Committee and the additional
language for Section 16-6 set forth above are written as REFERRED BALLOT QUESTIONS 1A
through 11 in the attached Exhibit "A," and
WHEREAS, upon consideration of the recommendations of the Committee and
discussions by the Board, the Board determines that the REFERRED BALLOT QUESTIONS 1A
through 11 in Exhibit A be referred to the ballot for the November 6, 2018, Election, and
WHEREAS, the Board further determines that the Clerk to the Board shall publish the full
text of the proposed amendments within 30 days of this Resolution, along with notice that the
issues of such proposed amendments shall be determined at the Election on November 6, 2018.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the proposed amendments to the Weld County Home Rule Charter which
are set forth above, be referred to the ballot for the November 6, 2018, Election, and that the
REFERRED BALLOT QUESTIONS 1A through 11 regarding such amendments be presented in
the form shown in the attached Exhibit A.
2018-2633
BC0013
SUBMITTING AMENDMENTS TO THE WELD COUNTY HOME RULE CHARTER TO THE
QUALIFIED ELECTORS OF THE ELECTION ON NOVEMBER 6, 2018
PAGE 4
BE IT FURTHER RESOLVED by the Board that the Clerk to the Board publish notice of
the Election, along with the full text of the REFERRED BALLOT QUESTIONS 1A through 11,
within 30 days of this Resolution in the legal newspaper for Weld County.
BE IT FURTHER RESOLVED by the Board that each elector voting at the Election and
desirous of voting for or against said proposed amendments shall cast his or her ballot as provided
by law either "Yes" or "No" on REFERRED BALLOT QUESTIONS 1A though 11 as shown in
Exhibit A.
BE IT FURTHER RESOLVED by the Board that the propositions shown as REFERRED
BALLOT QUESTIONS 1A through 11 in Exhibit A shall each be deemed "passed" and effective
on November 6, 2018, upon the affirmative vote of more than fifty percent (50%) of the qualified
electors of Weld County who vote on each such proposition at the election on November 6, 2018.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 15th day of August, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Clerk to the Boar
APPROVED AS TO FOR
Asst .County Attorney
Date of signature: c-Io/ I g'
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Carly Koppes, Clerk and Recorder, Weld County, CO
VIII WON 411fIli it "i II III
Steve Moreno , Chair
Barbara Kirkmeyer ,
Sean P. onway
ie A. Cozad
ti
ro-Tem /
Mike Freeman
2018-2633
BC0013
EXHIBIT "A"
BALLOT QUESTIONS REFERRED TO NOVEMBER 6, 2018, ELECTION BY THE
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY:
WELD COUNTY
REFERRED BALLOT QUESTION 1A
Shall Section 3-6 of the Weld County Home Rule Charter be repealed and reenacted to correct
reference to the Department of Finance and Administration and to correct the number of County
departments as three rather than four, thus reading as follows?
Section 3-6. - Commissioner - Departments.
(1) The Department of Finance and Administration shall be coordinated by the Chairman of
the Board of County Commissioners.
(2) Each of the other three major departments, as established by Article IV, shall be
coordinated by one of the other Commissioners together with assistance from another
Commissioner, both of whom shall be appointed by the Board at its first meeting in January
each year.
Yes No
WELD COUNTY
REFERRED BALLOT QUESTION 1B
Shall Subsection 3-8(4)(b) of the Weld County Home Rule Charter be repealed and reenacted
to eliminate the requirement that contracts and the disposition of real property be approved by
the Board of County Commissioners by ordinance only, thus reading as follows?
Section 3-8. - Powers and Duties.
(4) Without limiting the generality of the foregoing or diminishing the total authority and
responsibility of the Board as herein provided, the powers and duties of the Board shall
include duties and powers to:
(b) Enact legislation including such means of enforcement thereof as shall be authorized
by law, and otherwise formally promulgate county policy. Unless otherwise required
by statute, the Board shall act only by ordinance in matters of legislation and
appropriations, and by ordinance, resolution or motion, as may be appropriate, in other
matters.
Yes No
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Carly Koppes, Clerk and Recorder, Weld County, CO
1111 KAM AJhf' ARA%Ul(II III
WELD COUNTY
REFERRED BALLOT QUESTION 1C
Shall the outdated Subsection 3-9(3) of the Weld County Home Rule Charter, which set the
Commissioner initial annual salaries upon enactment of the Charter in 1976, be repealed?
Yes No
WELD COUNTY
REFERRED BALLOT QUESTION 1 D
Shall Section 3-11 of the Weld County Home Rule Charter be repealed and reenacted to amend
its title to "Official Meetings" and to correct grammatical errors to Subsection (1), thus reading as
follows?
Section 3-11. — Official Meetings.
(1) Regular Board meetings shall be held at least twice weekly on days to be determined by
the Board by resolution; however, regular meeting may be cancelled by resolution of the
Board passed and publicly announced at least ten (10) days prior to the cancelled meeting
date.
Yes No
WELD COUNTY
REFERRED BALLOT QUESTION 1 E
Shall a new Subsection 6-5(5) be enacted to the Weld County Home Rule Charter to disallow
convicted felons from being elected or appointed to County office, thus reading as follows?
Section 6-5. - Qualifications.
(5) A person who has been convicted of a felony shall not be eligible to be elected or
appointed to County office.
Yes No
WELD COUNTY
REFERRED BALLOT QUESTION 1 F
Shall the outdated Section 10-6 of the Weld County Home Rule Charter, which says the County
shall not be required to furnish the Sheriff or any deputy with living quarters because they are
"keepers of the jail," be repealed?
Yes No
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Carly Koppes, Clerk and Recorder, Weld County, CO
11111 11 III
WELD COUNTY
REFERRED BALLOT QUESTION 1G
Shall Section 16-6 of the Weld County Home Rule Charter be repealed and reenacted to require
notice to the public by two publications ten days apart prior to approval of contracts for
expenditures in the amount of $2,500,000 or greater by the Board of County Commissioners,
thus reading as follows?
Section 16-6. - Public Notice.
Notice to the public of ordinances and of certain official acts, events, determinations,
proceedings or meetings shall be given. Unless defined otherwise in the ordinances, rules or laws
pertaining to the procedure to which the public notice relates, public notice may be by publication
in a newspaper of general circulation in the County or by such other media and in such form as
may be prescribed by the Board; except in the case of approval of contracts for expenditures in
the amount of $2,500,000 or greater that are not identified within the County Budget, notice shall
be by two publications ten days apart prior to approval. When the notice informs the public of
some event to take place in the future, it shall be published at least five days prior to such event.
Yes No
WELD COUNTY
REFERRED BALLOT QUESTION 1H
Shall the title to Article XVII of the Weld County Home Rule Charter be repealed and reenacted,
and a new Section 17-3 be enacted to the Weld County Home Rule Charter, to authorize the
Board of County Commissioners to make non -substantive revisions to the Charter, thus reading
as follows?
ARTICLE XVII - AMENDMENTS AND NON -SUBSTANTIVE REVISIONS TO CHARTER
Section 17-3 — Non -Substantive Revisions.
(1) The Board of County Commissioners may, without approval of the voters, adopt an
ordinance that makes the following types of revisions to this Home Rule Charter:
(a) Renumbering, revising titles, and rearranging parts thereof;
(b) Correcting errors in spelling, grammar, cross-references, and punctuation;
(c) Revising language to reflect modern usage and style; and
(d) Correcting obvious inconsistencies between sections.
(2) A revision adopted pursuant to this Section is not intended to and is not to be interpreted
as making any substantive change in any Charter provision.
Yes No
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Carly Koppes, Clerk and Recorder, Weld County, CO
VIII PAM ME IfNiAi «:4641 i i K \4II 11Yih Bill
WELD COUNTY
REFERRED BALLOT QUESTION 11
Shall the word, "elective," be amended to the word, "elected," when referring to elected office or
elected officer(s) of the County, in Sections 2-2, 5-3(3), 6-1, 6-3, 6-6(2), 13-2(2), 16-1, 16-7, 16-
9, 18-3, and 18-6, and in the title to Article VI of the Weld County Home Rule Charter?
Yes No
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Carly Koppes, Clerk and Recorder, Weld County, CO
1111 RIMUI 11111
July 31, 2018
OFFICE OF FINANCE & ADMINISTRATION
PHONE (970) 400-4218
FAX: (970) 352-0242
1150 O STREET
PO BOX 758
GREELEY, COLORADO 80632
Dear Commissioners:
I would like to provide the following input to the Board of Weld County Commissioners for
your consideration as to whether or not the following proposed amendment should be put on
the ballot for the voters to consider:
WELD COUNTY
REFERRED BALLOT QUESTION 1G
Shall Section 16-6 of the Weld County Home Rule Charter be repealed and
reenacted to require notice to the public by two publications ten days apart prior to
approval of contracts for expenditures in the amount of $2,500,000 or greater by the
Board of County Commissioners. thus reading as follows?
Section 16-6. - Public Notice.
Notice to the public of ordinances and of certain official acts, events, determinations,
proceedings or meetings shall be given. Unless defined otherwise in the ordinances.
rules or laws pertaining to the procedure to which the public notice relates, public
notice may be by publication in a newspaper of general circulation in the County or by
such other media and in such form as may be prescribed by the Board: except in the
case of contracts for expenditures in the amount of $2.500.000 or greater.. notice
shall be by two publications ten days apart prior to approval. When the notice informs
the public of some event to take place in the future. it shall be published at least five
days prior to such event.
In looking at the preamble of the Weld County Home Rule Charter one of the key principles
in it is "to provide uncomplicated, unburdensome government responsive to the people,
and in order to provide for the most efficient and effective county government possible .17
In evaluating the Home Rule Charter referred ballot question 1G, I have concluded the
amendment is contrary to that key principle and would create operational issues with
inefficient and ineffective results. while not offering any more benefit to transparency to Weld
County citizens.
The amendment would most likely impact Public Works capital projects, Public Works
material purchases, capital building projects.. large grants. and state change orders for grant
programs. In evaluating the practical application of this amendment the points to consider
are as follows:
® All Public Works capital projects are put into the Five -Year Capital Improvement Plan
This plan is reviewed in public work sessions, approved in the annual budget process
during public work sessions, and the final budget hearing, which is noticed as a
public hearing Any amendment to the budget is done in a public hearing for
supplemental appropriations Thus, giving the public notice and opportunity for input
on the projects before they are approved and the procurement process started Once
the bid is received it is presented in a public meeting and considered for approval at
least ten days after presentation in another public meeting, unless it is an emergency
then the ten-day waiting period can be waived
O Capital projects for county buildings follow the same process
m Both the Public Works Five -Year Capital Improvement Plan, and Five -Year Capital
Plan for buildings are available online to the public
® There are grants for projects that would also be impacted, such as large Energy
Impact Assistance grants, FEMA grants, Human Services grants, etc In the case of
many of these federal grants the federal requirements already have detailed public
notice requirements to insure public notice and input
® A major complication if amendment IG was enacted is the bidding and contract
process could be delayed to the detriment of the county operationally and financially
Typically in a bid, the bidders put the condition that the bid price is only good for 30
days This is a common business practice, especially for large projects, because
subcontractors and supplier only guarantee the primary bidder their price for 30 days
The delay of the two publications ten days apart logistically will mean the 30 days is
often exceeded prior to the bids approval Thus, voiding the bid or potentially costing
the county more money
e Another operational problem is that even if a contractor is low bid and ready to start
the project the work cannot begin until a written "notice to proceed" is issued Again,
this amendment would delay the startup of a project by 4-6 weeks during the
approval process under 1G A key example is the current jail expansion project The
soon to be approved guaranteed maximum price contract amendment of over $40
million would be delayed 4-6 weeks The goal of the project is to get the excavation
work done prior to bad weather, so the project can proceed during the winter months
This delay, if the excavation work cannot be completed, does not just result in a 4-6
week delay, but could result in nearly a six months delay waiting for Spring 2019 for
workable weather conditions This same problem could occur in Public Works
projects
In conclusion, if amendment 1G was approved the process will most certainly delay project
approvals, which will create operational issues with inefficient and ineffective results Again,
contrary to the Home Rule Charter preamble principle of "to provide uncomplicated,
unburdensome government responsive to the people) and in order to provide for the most
efficient and effective county government possible " As pointed out above projects of
this nature already give the public notice and opportunity to be aware of the projects and
provide input during their approval process The added bureaucratic step of two
publications ten days apart does not seem to add anything to the public process, but yet
potentially causes projects to be delayed and possibly add costs if the 30 -day guaranteed
bid price expires
Therefore, I recommend the Board of Weld County Commissioners not place Amendment
1G on the ballot
Sincerely,
,bei.,AW,,,/,‘,
Donald D Warden
Director of Finance and Administration
NOTICE OF HEARING TO CONSIDER PLACING WELD COUNTY HOME RULE CHARTER
AMENDMENT QUESTIONS ON THE BALLOT
FOR THE NOVEMBER 6, 2018, GENERAL ELECTION
DOCKET #: 2018-99
By Resolution of the Board of County Commissioners approved March 5, 2018, nine (9)
Weld County citizens were appointed to a Weld County Home Rule Charter Study Committee
("the Committee") to consider the need for amendments to the Weld County Home Rule Charter
and to recommend to the Board such amendments the Committee felt necessary and appropriate
for placement on the ballot for the November 6, 2018, General Election The Committee made
its recommendation to the Board on July 23, 2018
On August 15, 2018, at 9 00 a m , the Board will convene at 1150 O Street, Greeley,
Colorado, to consider the following questions recommended by the Committee
WELD COUNTY
REFERRED BALLOT QUESTION 1A
Shall Section 3-6 of the Weld County Home Rule Charter be repealed and reenacted to correct
reference to the Department of Finance and Administration and to correct the number of County
departments as three rather than four, thus reading as follows'?
Section 3-6 - Commissioner - Departments
(1) The Department of Finance and Administration shall be coordinated by the Chairman of
the Board of County Commissioners
(2) Each of the other three major departments, as established by Article IV, shall be
coordinated by one of the other Commissioners together with assistance from another
Commissioner, both of whom shall be appointed by the Board at its first meeting in January
each year
Yes No
WELD COUNTY
REFERRED BALLOT QUESTION 1B
Shall Subsection 3-8(4)(b) of the Weld County Home Rule Charter be repealed and reenacted
to eliminate the requirement that contracts and the disposition of real property be approved by
the Board of County Commissioners by ordinance only, thus reading as follows'?
Section 3-8 - Powers and Duties
(4) Without limiting the generality of the foregoing or diminishing the total authority and
responsibility of the Board as herein provided, the powers and duties of the Board shall
include duties and powers to
(b) Enact legislation including such means of enforcement thereof as shall be authorized
by law, and otherwise formally promulgate county policy Unless otherwise required
by statute, the Board shall act only by ordinance in matters of legislation and
2018-2633
_-1
appropriations, and by ordinance, resolution or motion, as may be appropriate, in other
matters
Yes No
WELD COUNTY
REFERRED BALLOT QUESTION 1C
Shall the outdated Subsection 3-9(3) of the Weld County Home Rule Charter, which set the
Commissioner initial annual salaries upon enactment of the Charter in 1976, be repealed'?
Yes No
WELD COUNTY
REFERRED BALLOT QUESTION 1D
Shall Section 3-11 of the Weld County Home Rule Charter be repealed and reenacted to amend
its title to "Official Meetings" and to correct grammatical errors to Subsection (1), thus reading as
follows'?
Section 3-11 — Official Meetings
(1) Regular Board meetings shall be held at least twice weekly on days to be determined by
the Board by resolution, however, regular meeting may be cancelled by resolution of the
Board passed and publicly announced at least ten (10) days prior to the cancelled meeting
date
Yes No
WELD COUNTY
REFERRED BALLOT QUESTION 1 E
Shall a new Subsection 6-5(5) be enacted to the Weld County Home Rule Charter to disallow
convicted felons from being elected or appointed to County office, thus reading as follows'?
Section 6-5 - Qualifications
(5) A person who has been convicted of a felony shall not be eligible to be elected or
appointed to County office
Yes No
WELD COUNTY
REFERRED BALLOT QUESTION IF
Shall the outdated Section 10-6 of the Weld County Home Rule Charter, which says the County
shall not be required to furnish the Sheriff or any deputy with living quarters because they are
"keepers of the jail," be repealed'?
Yes No
WELD COUNTY
REFERRED BALLOT QUESTION 1C
Shall Section 16-6 of the Weld County Home Rule Charter be repealed and reenacted to require
notice to the public by two publications ten days apart prior to approval of contracts for
expenditures in the amount of $2,500,000 or greater by the Board of County Commissioners,
thus reading as follows
Section 16-6 - Public Notice
Notice to the public of ordinances and of certain official acts, events, determinations,
proceedings or meetings shall be given Unless defined otherwise in the ordinances, rules or laws
pertaining to the procedure to which the public notice relates, public notice may be by publication
in a newspaper of general circulation in the County or by such other media and in such form as
may be prescribed by the Board, except that approval of contracts for expenditures in the amount
of $2,500,000 or greater, notice shall be by two publications ten days apart prior to approval
When the notice informs the public of some event to take place in the future, it shall be published
at least five days prior to such event
Yes No
WELD COUNTY
REFERRED BALLOT QUESTION 1H
Shall the title to Article XVII of the Weld County Home Rule Charter be repealed and reenacted,
and a new Section 17-3 be enacted to the Weld County Home Rule Charter, to authorize the
Board of County Commissioners to make non -substantive revisions to the Charter, thus reading
as follows'?
ARTICLE XVII - AMENDMENTS AND NON -SUBSTANTIVE REVISIONS TO CHARTER
Section 17-3 — Non -Substantive Revisions
(1) The Board of County Commissioners may, without approval of the voters, adopt an
ordinance that makes the following types of revisions to this Home Rule Charter
(a) Renumbering, revising titles, and rearranging parts thereof,
(b) Correcting errors in spelling, grammar, cross-references, and punctuation,
(c) Revising language to reflect modern usage and style, and
(d) Correcting obvious inconsistencies between sections
(2) A revision adopted pursuant to this Section is not intended to and is not to be interpreted
as making any substantive change in any Charter provision
Yes No
WELD COUNTY
REFERRED BALLOT QUESTION 1I
Shall the word, "elective," be amended to the word, "elected," when referring to elected office or
elected officer(s) of the County, in Sections 2-2, 5-3(3), 6-1, 6-3, 6-6(2), 13-2(2), 16-1, 16-7, 16-
9, 18-3, and 18-6, and in the title to Article VI of the Weld County Home Rule Charter'?
Yes No
At the Board's Hearing on August 15, 2018, the Public will have an opportunity to comment on
these recommended ballot questions Alternatively, members of the Public may comment by E -
Mail sent to egesickaweldgov.com, or by letter sent via U S Mail to the Board of County
Commissioners of Weld County, P O Box 758, 1150 O Street, Greeley, Colorado 80632
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED. July 31, 2018
PUBLISHED' August 3, 2018, in the Greeley Tribune
-
NOTICE OF HEARING TO CONSIDER PLACING WELD COUNTY
HOME RULE CHARTER AMENDMENT QUESTIONS ON THE BALLOT
FOR THE NOVEMBER 6, 2018, GENERAL ELECTION
DOCKET if: 2018-99
By Resolution of the Board of County Commissioners approved March 5, 2018, nine (9) Weld
County citizens were appointed to a Weld County Home Rule Charter Study Committee ('the Com-
mittee") to consider the need for amendments to the Weld County Home Rule Charter and to rec-
ommend to the Board such amendments the Committee felt necessary and appropriate for place-
ment on the ballot for the November 6, 2018, General Election. The Committee made its recom-
mendation to the Board on July 23, 2018.
On August 15, 2018 at 9:00 a.m., the Board will convene at 11500 Street, Greeley, Colorado, to
consider the following questions recommended by the Committee:
WELD COUNTY
REFERRED BALLOT QUESTION 1A
Shall Section 3-6 of the Weld County Home Rule Charter be repealed and reenacted to correct ref-
erence to the Department of Finance and Administration and to correct the number of County de-
partments as three rather than four, thus reading as follows?
Section 3-6.. Commissioner - Departments,
(1) The. Department of Finance and Administration shall be coordinated by the Chairman of the
Board of County Commissioners.
(2) Each of the other three major departments, as established by Article IV, shall be coordinated by
one of the other Commissioners together with assistance from another Commissioner, both of
whom shall be appointed by the Board at its first meeting in January each year,
Yes No
WELD COUNTY
REFERRED BALLOT QUESTION 1B
Shall Subsection 3-8(4)(o) of the Weld County Home Rule Charter be repealed and reenacted to
eliminate the requirement that contracts and the disposition of real property be approved by the
Board of County Commissioners by ordinance only, thus reading as follows?
Section 3.8. - Powers and Duties.
(4) Without limiting the generality of the foregoing or diminishing the total authority and responsibili-
ty of the Board as herein provided, the powers and duties of the Board shall include duties and
powers to:
(b) Enact legislation including such means of enforcement thereof as shall be authorized by law,
and otherwise formally promulgate county policy. Unless otherwise required by statute, the Board
shall act only by ordinance in matters of legislation and appropriations, and by ordinance, resolu-
tion or motion, as may be appropriate, in other matters.
Yes
No
WELD COUNTY
REFERRED BALLOT QUESTION 1C
Shall the outdated Subsection 3-9(3) of the Weld County Home Rule Charter, which set the Com-
missioner initial annual salaries upon enactment of the Charter in 1976, be repealed?
Yes No
WELD COUNTY
REFERRED BALLOT QUESTION 1D
Shall Section 3-11 of the Weld County Home Rule Charter be repealed and reenacted to amend its
title to "Official Meetings" and to correct grammatical errors to Subsection (1). thus reading as fol-
lows?
Section 3.11. — Official Meetings.
(i ) Regular Board meetings shall be, held at least twice weekly on days to be determined by the
Board by resolution; however. regular meeting may be cancelled by resolution of the Board passed
and publicly announced at least ten (10) days prior to the cancelled meeting date.
Yes No
WELD COUNTY
REFERRED BALLOT QUESTION -iE
Shall a -new Subsection 6-5(5) be enacted to the Weld County Home Rule Charter to disallow con-
victed felons from being elected or appointed to County office, thus reading as follows?
Section 6-5. - Qualifications.
(5) A person who has been convicted of a felony shall not be eligible to be elected or appointed to
County office.
Yes No
WELD COUNTY
REFERRED BALLOT QUESTION 1F
Shall the outdated Section 10-6 of the Weld County Home Rule Charter, which says the County
shall not be required to furnish the Sheriff or any deputy with living quarters because they are "kee-
pers, of the jail," be repealed?
Yes" No
WELD COUNTY
REFERRED BALLOT QUESTION 1G
Shall Section 16-6 of the Weld County Home Rule Charter be repealed and reenacted to require
notice to the public by two publications ten days apart prior to approval of contracts for expendi-
tures in the amount of $2,500,000 or greater by the Board of County Commissioners, thus reading
as follows? .
Section 16-6. - Public Notice.
"Notice to the public of ordinances and of certain official acts, events, determinations, proceedings
or meetings shall be given. Unless defined otherwise in the ordinances, rules or laws pertaining to
the procedure to which the public notice relates. public notice may be by publication in a newspa-
per of general circulation in the County or by such other media and in such form as may be prescri-
bed by the Board; except that approval of contracts for expenditures In the amount of $2,500,000
or greater, notice snail be by two publications ten days apart prior to approval. When the notice in-
forms thepublic of some event to take piece in the future; it shall be published at least five days
prior to such event.
Yes No
WELD COUNTY
REFERRED BALLOT QUESTION 1H
Shall the title to Article XVII of the Weid County Home Ruie Charter be repealed and reenacted,
and a new Section 17-3 be enacted to the Weld County Home Rule Charter, to authorize the Board
of County Commissioners to make non -substantive revisions to the Charter, thus reading as fol-
lows?
Affidavit of Publication
STATE OF COLORADO
County of Weld,
I Vickie Garretts
of said County of Weld, being duly sworn, say
that I am an advertising clerk of
THE GREELEY TRIBUNE,
ss.
that the same is a daily newspaper of general
circulation and printed and published in the City of
Greeley, in said county and state; that the notice or
advertisement, of which the annexed is a true copy,
has been published in said daily newspaper for
consecutive (days): that the notice was published in
the regular and entire issue of every number of said
newspaper during the period and time of
publication of said notice, and in the newspaper
proper and not in a supplement thereof; that the
first publication of said notice was contained in the
Third day of August A.D. 2018 and the last
publication thereof: in the issue of said newspaper
bearing the date of the
Third day of August A.D. 2018 that said The
Greeley Tribune has been published continuously
and uninterruptedly during the period of at least six
months next prior to the first issue thereof
contained said notice or advertisement above
referred to; that said newspaper has been admitted
to the United States mails as second-class matter
under the provisions of the Act of March 3,1879, or
any amendments thereof; and that said newspaper
is a daily newspaper duly qualified for publishing
legal notices and advertisements within the
meaning of the laws of the State of Colorado.
August 3, 2018
Total Charges: $70.92
3`d day of August 2018
My Commission Expires 09/28/2021
ti
otary Public
fir
KELLY ASH
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20174040535
MY COMMISSION EXPIRES SEPTEMBER 28, 2021
ti
ARTICLE XVII - AMENDMENTS AND NON -SUBSTANTIVE REVISIONS TO CHARTER
emeu,,, 17-a - Non-Subs₹antiva Revisions.
5
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