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MINUTES �Irr•;j l/ e'�t1• "4 %
WELD MINTY COUNCIL
March 3, 1976 1 MAR 8 1976
LI
OREBLCY. COLO.
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, March 3, 1976 at the hour
of 1 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
Vice President, Nanny Clark
Floyd Oliver, Councilman
lacy Wilkinson, Councilman
rob E. White, Councilman
Also present: Bonnie Hickman, Secretary, and five members of the
press.
MINUTES APPROVED: The Council approved the minutes of February 18, 1976.
Bob White made the motion that the minutes be accepted with a second
by Lacy Wilkinson. Carried unanimously.
The minutes of February 23, 1976 were presented for approval.
Floyd Oliver made a motion that the next to the last paragraph
on page two he deleted from the records. There was question as
to the accuracy and pertinence of the information recorded.
Bob White seconded the motion. After short discussion, Mr. Oliver
resinded his motion, Bob White following.
Floyd Oliver made a motion to accept the minutes of February 23,
1976. Nancy Clark seconded. Unanimously carried.
REPORTS
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FINANCE, CENTRAL PURCHASING, PERSONNEL: Lacy Wilkinson presented a brief
report on the wages paid to Mr. Samuel Telep, Acting County
Attorney for Weld County during the year of 1975. The total
remunerations were $78,807.15. Included in this figure is
$36,782.61 for services rendered to the Welfare Department.
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760674
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Minutes of County Colrl Page 2
March 3, 1976
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Lacy Wilkinson made a report concerning a letter received from
Mr. Perry Holcomb, Director of Contract Sales, of Kistler Kwill
Office Supply commenting on the awarding of the bids for furniture
for the new Weld County Services Complex. The letter stated that
their total lump sum bid for all items, excluding Bid Item 10,
was appreciably lower than the total of bids accepted by the County
Commissioners. They also stated that the Nelson Bid originally
submitted was changed and covered only a portion of the items called
for in the bid documents. They felt that if the condition of
"Local Interest Preference" is invoked by the Commissioners, this
should be made part of the bid documents. "When bidders are
invited to submit bids, conditions and specifications contained
in the bid documents should apply equally to all invited bidders
and awards should be made to the lowest bidder meeting the conditions
and specifications. "
It was decided that this matter would be taken up at the next
regular meeting, in lieu of the fact that the Council would be
adjourning at 2:00 P.K,. to attend the work session of the County
Commissioners regarding the hiring of a county attorney.
Mr. Wilkinson also added that he had called CNC/NHPQ Inc. (regarding
the Nelson bid) to verify the fact that they had made a statement
at the time that the bids were open that all the bids and all the
items bid on met to the specifications. He was told that this was
a true statement. He also added that the total difference between
the lowest bids and the ones accepted was a little over $11,000.
It was suggested by Mrs. Clark that Mr. Wilkinson prepare a list
of items that the Council might review in this area and present it
at the next regular meeting.
HIRING OF COUNTY ATTORNEY: Floyd Oliver presented a report on Review Questions
1, 4 and 5 established at the last meeting of February 23, 1976.
• His : apart was based on consultation with an attorney living in
Weld County. (see attached report)
This attorney informed Mr. Oliver that the only was to properly
advertise for an attorney is in the Colorado Lawyer, the official
publication of the Colorado Bar Association. It was added that the
Commissioners did not advertise in this publication for the position
of county attorney.
Bob F. White presented a report on Review Questions 112 and /13. (see
attached report) He also presented an additional report which was
a statement signed by several of the former Charter Commi sion
Members. This statement stated that the former members affirmed that
it was their intention under Section 5-2 of the Charter that the
qualifications of the County Attorney be that of a duly licensed
attorney licensed to practice law for the State of Colorado for at
least five years. The term "for the State of Colorado" means being
Minutes of County Cnr\il Page 3
March 3, 1976
licensed in the State of Colorado, therefore qualified to work
as an employee in the law profession in any legal profession
whatsoever.
Discussion followed. John Martin suggested securing an attorney
through reans different than that of advertising. Namely, that the
Commissioners select an attorney known by them in whom they have
confidence, and ask him to work for the county.
Nancy Clark briefly reported on the real estate alternatives
needed for hiring a county attorney and assistants. She reported
that there is convenient office space available surrounding the
Court House, but will discuss this more at a later meeting.
;ors. Clark also checked on the possibility of Mr. Telep desiring
to stay on the county payroll for the purpose of collecting
retirement insurance. This did not seem to be a valid reason since
a person qualifying for retirement must work 10 years for the County
and Mr. Telep has not worked for even 9 consecutive years. Also,
no money has been placed in retirement for him, according to the
Accounting Department.
Discussion followed, led by Bob White, if the action to adjourn
at 2:00 P.M. to attend the Commissioner's Work Session had been
made official. Nancy Clark commented that the president had
agreed with her as to the necessity of adjourning to attend this
meeting. The Councilmen, press and Commissioners were then
notified. Nancy Clark then made a motion that the Council attend the
Work Session scheduled at 2;00 P.M. planned for the purpose of
discussing the county attorney. Floyd Oliver seconded. Discussion
followed. Bob White disagreed because the Council 's purpose is
to review and report to the proper official, and if they don't
do the needed corrections, then it is the Council 's duty to report
to the people, Nancy Clark felt that the work session was obviously
scheduled at a time when the Council could not attend. Since no
minutes are received from these work sessions, Floyd Oliver suggested
the Council attend.
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A roll call vote was taken. Results 4-1, Bob White voting "nay."
Nancy Clark made a motion that the Council accept the two reports
as read and that the information be presented to the Commissioners
at the Work Session if deemed appropriate by the President. Floyd
Oliver seconded. 'Unanimously carried.
The meeting was adjourned at 2:00 P.M. by the President in order to attend
the Commissioners 's 1,^cr!' Session.
Respectfully submitted,
;C.? ) _ �� �/';�. l APPROVED
Bonnie Hickman, Secretary President
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r-7/7, 4690 I( MONTBELLO P. O. BOX 5328 DENVER JLO. 80217 303-371-0550
KISTLER KWILL
February 27, 1976
Weld County
Office of the Director of Management
1516 Hospital Road
Greeley, Co 80631
Re: Weld County Services Complex
Project No. 71-1-ARC-0162
Office Furniture and Equipment
Bid Package - January 27, 1976
Gentlemen:
We have been informed by CNC/NHPQ Inc. , that the Weld
County Commissioners have decided to award to our company
a contract for items No. 2 (ash trays) , Item No. 11
(Artwork - Tom True Co.) and Item No. 12 (Artwork -
Olympus) as acceptable items on the subject bid.
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We reject the commissioners decision and will not
accept the order for these items.
In accordance with the conditions and specifications of
the bid documents , the Kistler I(will bid was clearly low
on Bid Items 2, 8, 9, 11 , 12 and 14 and Section 12610
(Landscape Office System) . In addition , our total lump •
sum bid in the amount of $154,632.72 for all items exclu-
ding Bid Item 10 is appreciably lower than the total of
bids accepted by the County Commissioners.
It is evident that the Nelson Bid on Item 9 (Files) has
been changed from the bid originally submitted and read
at the bid opening. The Nelson Bid originally submitted
was read at $9,727.50 and covered only a portion of the
items called for in the bid documents . It is our under-
. KWILL OFFICE SUPPLY COMPANY
OFFICE SUPPLIES FURNITURE DESIGN
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L \ Weld County
KISTLER ICWILL February 27, 1976 •
Page 2 ,
standing that the award in the amount of $11 ,907.00 still
does not include all items specified.
We can understand the principal of "Local Interest Preference"
invoked by the commissioners . However, if this condition
is in effect it should be made part of the bid documents .
When bidders are invited to submit bids , conditions and
specifications contained in the bid documents should apply
equally to all invited bidders and awards should be made to
the lowest bidder meeting the conditions and specifications.
Sincerely,
WILL FFI SUPPL 0.
M. Perry Holcom
Director Contract Sales
MPH:ymg
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cc: Lacy Wilkinson
1708 17th Ave.
Greeley, Co 80631
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cc: CNC/NHPQ, Inc.
2021 Clubhouse Drive
Greeley, Co 80631
Attn: Rod Hawes
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Report on Review Questions 1, 4 and 5
Mr. Floyd Oliver, Councilman
I talked with the attorney that lives in Weld County and received the
following information from him --
Item ill, "Methods and procedures in regard to advertising for attorneys. "
He informed me that the only way to properly advertise for an attorney is
in the Colorado Lawyer, the official publication of the Colorado Bar
Association. This publication comes out monthly and all members of the
Colorado Bar Association receive it and use it for information especially
for employment when they are job seeking. He informs me and I agree with
him, that lawyers don't read the want-ads in the local newspapers.
Item 114, "Availability of attorneys seeking employment. "
He informs me that many of the attorneys in Greeley and Weld County would
welcome a full time job. There is some concern that the position might
get into politics, but this could be handled by a long term contract with
a minimum of four years duration. He also informed me that the reason
attorneys in Weld County had not applied for the position is the unsettled
conditions in the County Commissioners' office, mainly the one-man rule.
Item P5, "Expert opinions in regard to compensation or salary needed for
a qualified attorney."
He thinks that with job security, a top qualified attorney could be hired
for $25,000 to $30,000 annual salary. He thinks that qualified assistants
could be obtained from $13,000 to $15,000 per year.
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Floyd 0liver,) Councilman
Review and report on the questions #2 and #3.
#2 "Review of charter provisions and intent of Home Rule Commission in
regard to establishment of the Department of Law.
#3 "Reasons for delay in appointing a full time county attorney and
possible alternatives to these reasons."
Section 5-1 (1 ). (2) , (3)
Establishes the Department of Law and gives the Commissioners the authority
and duty to appoint the County Attorney and such assistant attorneys as is
considered necessary.
Section 5-2
This section deals with the qualifications of the county attorney, and states
that he shall be a duly licensed attorney for the State of Colorado for at
least five years immediately prior to his appointment and shall have been
actively engaged in the practice of law during such five years.
The reasons for delay in hiring a full time county attorney seems to be
lack of response to advertising efforts by fully qualified applicants. And,
concern over the use of the word "for the State of Colorado. "
!'.ecermenried Solution:
Fully qualified professional attorneys will probably be reluctant to
respond to advertiscnents. It is our feeling that the Commissioners should
select a layer in whom they have confidence and attempt to secure his services.
It is our understanding that the use of the word "for" as it is used in
Section 5-2 is not unusual terminology. It means very simply that they are
licensed Lo practice law "for" the Courts of Colorado.
Another reason given for delay in the appointment of a county attorney
seems to be the pending Civil Action No. 28085. It might be well to consider
that th ) Commissioners did take an oath by the Everliving God to support the
Nome Rule Charter of Weld County,and although there seems to be some confusion
in regard to the qualifications for a county attorney, there appears to be
no reason for delay in the establishment of the Department of Law and the
appointment of an assistant attorney which could of course, he appointed as
acting counby attorrey until such time as the Commissioners feel that they 1/4
are ready to appoint the county attorney.
Section 5-3 - Duties
Section 5-4 - Special Counsel
This section tells us that the board may appoint special counsel for the
specific resons such as in^estigations and for representing the county in
suits. It doesn't seem to give permission to the Commissioners to hire
"special counsel" in place of a county attorney or -to have "special counsel"
perform any of the ordinaty day-to-day functions delegated to the Department
of Law.
Prepared by: 17)/ /:-/ �" .-.eye,-
Jahn T. Martin Bob E. White
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