HomeMy WebLinkAbout841339.tiff MINUTES
WELD COUNTY COUNCIL
April 19, 1984
Tape 84/134-135
The Weld County Council met in regular session in full conformity with
the Weld County Home Rule Charter at 915 Tenth Street, Greeley, Colorado,
April 19, 1984, at 1 :45 p.m.
ROLL CALL
The following members were present in person: President Ralph Waldo,
Vice President DeAnn Emerson, Patricia Anderson, Don Elliott, and Bill Rupp.
Also present for all or part of the meeting were Mike Loustalet, Robert Martin,
Steven Ley, three members of the press, and the Council secretary.
MINUTES
Patricia Anderson made a motion that the minutes of April 5, 1984, be
approved as written. Don Elliott seconded the motion and it passed unanimously.
ADDITIONS AND/OR DELETIONS
An executive session scheduled at 3:30 p.m. was deleted from the agenda.
APPOINTMENTS
The President reminded the Council of their upcoming appointments.
CORRESPONDENCE
The President made the Correspondence File available for the individual
review of Council members.
UNFINISHED BUSINESS
In the April 5, 1984, Council meeting, Ralph Waldo agreed to contact Mr.
Hyland of Hyland Associates about initiating an audit of the Road and Bridge
Department. The President reported to the Council that he had not done so as,
after reviewing the contract between the Council and Mr. Hyland, he was fearful
of the $10,000 limit stated therein. Don Elliott made a motion that the Council
secretary be directed to write a letter to the Commissioners stating the following:
It is the understanding of the Council that the Council can hire Hyland Associates
as auditors for the year 1984 paid at the rates specified in the contract as long
as it does not exceed the sum of $10,000. If this is not the Board's understand-
ing of this contract, the Council requests notification returned to it by the
May 3 meeting. DeAnn Emerson seconded the motion and a roll call vote was taken.
All Councilmen voted yea except Ralph Waldo, who voted nay.
The County Council next discussed setting salaries for Commissioners for
the years 1987 and 1988. Don Elliott made a motion that salaries be set at
$28,840 for 1987 and $29,705 for 1988. DeAnn Emerson seconded the motion for
the sake of discussion. Don Elliott stated that he felt this would reflect a
needed 3% inflation factor. Bill Rupp said that 28 people had contacted him
regarding what the future salaries should be. Of those 28, only 4 felt an
increase would be appropriate. He said his vote would reflect public comment
even though he personally felt an increase was in order. DeAnn Emerson reported
that she felt caught between what she personally felt and the wishes of those
she represented. She felt she would have to justify her position to the public
if she increased the commissioners' salaries. Patricia Anderson said that
normally she would go along with a 3% raise, but judging from public sentiment,
she could not second the motion. Ralph Waldo explained that he had endeavored
to keep the issue of overpayment out of the picture, but at the same time, felt
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MINUTES, WELD COUNTY COUNCIL PAGE TWO APRIL 19, 1984
the need to be fair to the taxpayers. He would prefer to see a vote leaving
salaries the same. The following roll call vote was taken: Ralph Waldo (nay) ,
DeAnn Emerson (nay) , Patricia Anderson (nay) , Don Elliott (yea) , Bill Rupp (nay) .
Bill Rupp made a motion that salaries for 1987 and 1988 be set at $28,000 for
both years. Patricia Anderson seconded the motion. Don Elliott stated that
he would go along with the Council to make a unanimous vote and thus avoid any
possible confusion; however, a yea vote would not reflect his true feelings.
A unanimous roll call vote was then taken. The secretary was instructed to have
a formal resolution prepared for signature at the May 3, 1984, meeting.
NEW BUSINESS
Discussion ensued regarding the Commissioners proposed Memorandum of Agree-
ment with the Council . The President stated that he felt the Council had no
authority to act on this Resolution. Bill Rupp noted the following points of
disagreement between the Commissioners and Council : 1 . The Council disagrees
with the concept of an escrow account feeling that the money should be immedi-
ately returned as a direct repayment. 2. There is no need to wait for the
completion of the investigation for the money to be returned. 3. There is no
question of legal clarification 4. There is no problem with communication
between the Council and the Commissioners as our correspondence is sent through
the Clerk to the Board, eight copies of everything. 5. Sending correspondence
from the Council to department heads through the Board is a violation of the
rights of the Council . 6. The Council secretary becoming a public notary
implies that the Council has been at fault when, in fact, it has not. Vice
President Emerson stated that a letter should be sent to Dollarhide and Schwartz,
noting that the salaries for Commissioners are incorrectly listed on a letter
directed to the Council on March 28, 1984, from Don Warden. Don Elliott noted
that the Resolution addresses only reducing the commissioners salary but not
paying back the $17,000 plus. Bill Rupp made a motion that the Council advise
the Commissioners that they do not wish to enter into the Memorandum of Agreement
but would sit down and discuss with the commissioners their reasons for not doing
so. Don Elliott seconded the motion. All voted yea except Patricia Anderson,
voting nay, saying she felt that would be a waste of time.
County Treasurer Mike Loustalet joined the meeting at 2:35 p.m. at the
invitation of the Council . In response to questions posed by the Council , Mr.
Loustalet reported that he had not yet received any funds. When he does , the
money will be held in escrow. At the determination of the commissioners, the
money would be paid to whom it is owed. He reported that the Resolution dated
April 11 , 1984, is the only formal written instruction he has received.
Don Elliott made a motion that the Council request copies of any decisions
made regarding the repayment of commissioners' salaries. The Council has a copy
of a Resolution dated April 11 , 1984; however, this does not address the issue
of the $17,000 plus. Bill Rupp seconded the motion and it passed unanimously.
DeAnn Emerson moved that the March bills be paid. This motion was seconded
by Don Elliott and carried unanimously.
The meeting was recessed at 2:50 p.m. while the Council waited for their
3:00 appointment to be present.
The meeting was reconvened at 3:00 p.m. On March 13, 1984, the Council
received a request from the Board of County Commissioners to rule on a conflict
of interest. Steven Ley, who owns and operates Edward's Chevrolet, sells vehicles
to the County Shops for use in various county departments, including Roads and
Bridges. Mr. Ley also serves on the Road and Bridge Advisory Committee. The
Council discussed with Mr. Ley whether or not a conflict of interest applied,
in light of Home Rule Charter Section 16-9-1 . Don Elliott made a motion that
the Council rule that no conflict of interest exists for Mr. Ley. Ralph Waldo
seconded the motion. The following roll call vote was taken: Ralph Waldo (yea) ,
DeAnn Emerson (yea) , Patricia Anderson (nay) , Don Elliott (yea) , Bill Rupp (nay) .
MINUTES, WELD COUNTY COUNCIL PAGE THREE APRIL 19, 1984
From a conversation with Norm Carlson, Don Elliott stated that he
understood that the commissioners had made an administrative decision regarding
the overpayment of Commissioners' salaries. This decision was made on or about
April 11 , 1984. This decision was to have addressed the $17,000 plus which was
not covered in the Commissioners Resolution of April 11 . Don Elliott made a
motion that the Council request copies of each individual letter placed in the
Commissioners' personnel files regarding this administrative decision. The
motion was seconded by Bill Rupp and passed unanimously.
Bill Rupp made a motion that the status of the commissioners' overpayment
be audited monthly by the Council and a report to the people be made. DeAnn
Emerson seconded the motion which passed unanimously.
ADJOURNMENT
There being no further business, the meeting was adjourned. The time of
adjournment was 3:40 p.m. , on April 19, 1984.
The next scheduled meeting is Thursday, May 3, 1984, at 1 :45 p.m.121,A_Ralph Waldo, ( President
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