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WELD COUNTY COUNCIL
February 18, 1976
The Weld County Council met in regular session in full conformity
with the Weld County Home Rule Charter at 401 N. 15th Avenue,
Greeley, Colorado, on Wednesday, February 18, 1976 at the hour
of 2 o'clock.
ROLL CALL: The meeting began with an invocation by the President, John T.
Martin and on roll call the following members were present:
President, John T. Martin
Councilman Floyd Oliver
Councilman Lacy Wilkinson
Councilman Bob E. White
Absent - Vice President, Nancy Clark
Also present: Bonnie Hickman, Secretary, and five members of the press.
MINUTES APPROVED: The Council approved the minutes of the February 14th
meeting with no corrections or additions. Floyd Oliver made the
motion that the minutes be accepted. Lacy Wilkinson seconded.
Motion carried.
REPORTS
ASSESSOR: Floyd Oliver discussed his concern regarding the assessment of
County property. According to Mr. Oliver, under State law passed
a year ago, property assessment must be done by July 1976. The
main cause for concern is the need for extra assistance in com-
pleting this job. The Assessor has requested the extra help of
five persons. The Commissioners refused to give any more on the
budget for extra help. The next alternative, said Mr. Oliver, would
be to hire people through Manpower or the Human Resources Depart-
ment. As of late, it was heard that they would get one extra
person, instead of the five requested. If the property assessment
is not done by July, the State will come in and do it. If so, this
is another area in which the State will be taking over County Rule.
Discussion followed. Mr. Oliver stated that this is not a priority
area yet, but the Council needs to check out the problems present
at first. Mr. Oliver will check on the possibility of having the
Assessor come to the next Council meeting.
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Minutes of County Council Page 2
February 18, 1976
OLD BUSINESS
RULES AND REGULATIONS: Bob White made a motion that the Council accept the
Rules and Regulations and Procedures Pertaining to Review and Reports
Pursuant to Weld County Charter Provisions 13-4-(2), 13-8-(2) , (6),
(7) and that each elected official be furnished a copy. Floyd Oliver
seconded the motion. Carried unanimously.
DISTRICT BOUNDARIES: John Martin reported that the Council Members listened to
the Charter tapes on Monday, February 9, 1976, to determine the intent
of the Charter in designating district boundaries, whether by population
or geographical areas. Tuesday the Council Members met with the
Commissioners at a study session and offered suggestions to the
Commissioners as far as the Charter was concerned.
The districts have been established through school districts, although
population was considered up to a point. Bob White suggested someone
write up a report in regards to the results of this study session and
of what was said to the Commissioners. Lacy Wilkinson was selected to
write the report. A copy will be kept in the Council's files.
Discussion followed on whether it was made official that the districts
were established. John Martin reported that the plan was approved on
Wednesday, February 11, at the Commissioners' Meeting. Mr. John
Martin suggested securing a map of the new districts to display in the
Council Office.
It was suggested that the Council be willing to find people to serve
in these districts, but Floyd Oliver asked to delay the issue until
the next meeting.
NEW BUSINESS
ISSUANCE OF SUMMONS: All Council Members and the Council as a whole have been
served court summons. The plaitiffs of the suit are William S. "Bill"
Garnsey and Barbara Tatman vs. Board of County Commissioners; S. Lee
Shehee, Clerk and Recorder of Weld County; Norman Carlson and June
Steinmakr, individually; The County Council of Weld County, and the
Council Members, individually. The charge is that the Charter violates
the Constitution of the State of Colorado and that the Council is
operating illegally.
Discussion followed on the matter of legal representation. Bob White
made a motion that as matter of record the the Council ask the District
Attorney to represent the Council in Civil Action 28085 and instruct
him to work with a special counsel which has been appointed by the
Board of County Commissioners and other counsels that are working for
the defense. Motion seconded by Floyd Oliver. The motion was anemded
to read - The District Attorney because Weld County at the present time
has no County Attorney pursuant to Charter Provision Department of Law,
Article 5. Lacy Wilkinson Seconded the completed motion. Carried
unanimously. The Council discussed its need to meet with the District
Attorney before any more motions are made.
Minutes of County Council Page 3
February 18, 1976
Floyd Oliver made a motion to resind the action on the previous motion
and meet with the District Attorney to advise the Council on procedures
and prepare necessary resolutions asking for him to represent the
Council in the Civil Action #28085. Lacy Wilkinson seconded. Motion
carried unanimously. Bob White suggested making an additional motion
asking the District Attorney to draw up a resolution for us for our
motions. John Martin will set up an appointment with District Attorney,
Bob Miller. Council Members will be notified of the date and time.
The Council was dismissed for a five minute recess.
OLD BUSINESS
COUNTY ATTORNEY: John Martin read a report from Nancy Clark on the matter of
the delay in hiring of a County Attorney. She expressed concern in
that Mr. Telep seems to be purposely delaying the hiring because of a
conflict of interests, namely that Mr. Telep is loosing a very lucrative
client -- Weld County. The longer the hiring of the County Attorney
takes, the more money Mr. Telep's law firm stands to make. Also, the
numerous decisions that Commissioners are requesting amounts to a
great deal of money since Mr. Telep is being paid $40 an hour.
Discussion followed.
Bob White presented a series of items that should be included in a
review of this matter. His personal feelings are that the Council
should review the steps taken and procedures in hiring a full time
attorney for the County. He suggested the Council attend the
Commissioners Meeting on Monday, February 23rd, and tell them of the
Council's intent of doing a review and ask their cooperation. This
review should be done immediately and a report presented at the next
meeting. Bob White thought it very important that the County have an
attorney and the issue has been allowed unnecessary delay. Discussion
followed.
Mr. Oliver made a motion that the Council meet and ask the County
Commissioners to put the Council on the agenda for Monday, February
23 for the purpose of discussing the County Attorney. Bob White
seconded. The motion was amended -- and that the Council hold a
special meeting after they meet with the Commissioners and determine
what action if any needs to be taken by the Council. Floyd Oliver
accepted the amendment. Carried unanimously. The Council will meet
at 1:30 Monday afternoon at 401 N. 15th Avenue.
There being no further business, the meeting was adjourned by the President,
Mr. John T. Martin.
Respectfully submitted,
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Bonnie Hickman, Secretary esident
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