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MINUTES
WELD COUNTY COUNCIL �` ¢°ls
April 2, 1981
Tape 81/96
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 2,
1981, at 1:30 p.m.
ROLL CALL
The following members were present in person: Patricia Anderson, Ralph Waldo,
De Ann Emerson, and Robert Martin. Howard Foster was absent.
Also present were four members of the press and council secretary, Susan
Elton.
MINUTES APPROVED
Councilman Ralph Waldo made a motion to approve the minutes of the County
Council 's meeting of March 19, 1981, as written. Councilman Robert Martin seconded
the motion and it carried unanimously.
ADDITIONS TO THE AGENDA
After the executive session, a motion was made to send letters to the
Greeley Tribune and Longmont Times-Call . (See last page of minutes)
CORRESPONDENCE
The correspondence folder was passed to each council member and the material
inside was discussed.
De Ann Emerson commented that she would like to receive the work session
minutes from the commissioners on a continuing basis, after each of their work
sessions. "If I receive the minutes on the first of April to what they discussed
in March and they have now passed on it (at board meetings) the minutes are no
longer good to me. We need to be able to speak to the issues and we don't know
what the issues are," she said.
Mrs. Emerson suggested that perhaps the commissioners should schedule the
issues that they are going to be bringing up before them in general session in
such a manner that they can be published at least a day before in the newspapers •
so that people who are interested in the business can appear and have an opportunity
to have some input. "The commissioners should also publish the results of that
general meeting in the papers so people can see the decisions that were made."
The councilwoman then made a motion that the council send a letter to the
commissioners recommending that the commissioners consider publishing their agenda
early enough for the news media to publish it in their daily and/or weekly papers
prior to the Board of Commissioners' meeting the following day. Mrs. Emerson
added that this would enable the people of Weld County to have an opportunity to
speak to matters of interest prior to the board acting on the issues. The motion
was seconded by Pat Anderson and passed unanimously.
After discussing Home Rule Charter Section 13-8(6) , Ralph Waldo reminded
the council that the word "review" is a key word in this section. "Council shall
review all aspects of county government. . . . " Mr. Waldo stated, "Ta me that doesn't
say that we participate in the making of it but we review what's been done by
others and how it has been administered and operated and we make such commendations
or criticisms as we see fit. " He went on to say that perhaps the council needs
to figure out some way that people could make their input felt and to declare their
position, on different matters of county government. It was added that people
can, of course, call the commissioner from their district.
REPORTS
De Ann Emerson reported she had made appointments with and met with Sheriff
Andrews, Paul Stoddard, Rich Estrich, anc Dr. John Cullen. She felt they all had
been very honest and frank with her and she enjoyed visiting with them.
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MINUTES, WELD COUNTY COUNCIL Page 2 April 2, 1981
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Ralph. Waldo• reported that he had attended the' meeting of the Board of
County Commissioners on April 1, 1981. He read the motion that the commissioners
approved at that meeting regarding the contract that council has with Hyland
Associates. Mr. Waldo stated, "The motion that they approved appears to me to be
unsatisfactory and intolerable from our standpoint."
De Ann Emerson read Home Rule Charter Section 13-8(7). She said she
doesn't feel the council needs an approval from the commissioners as to hiring
and as to what the council is going to have their performance auditor do.
Pat Anderson stated, "I don't see where these stipulations that the com-
missioners put on the okaying of our contract with Hyland Associates hold any
water at all.. I don't think legally they can put any stipulations whatsoever as
to what in this county we (the council ) can check into. "
Councilwoman Emerson added, "It (the Charter) doesn't say that the contract
has to go before them, or be approved by them, or even passed (by the commissioners)."
Robert Martin said he thinks what the council needs to do is move on
this matter immediately and get an opinion from the council 's attorney, and if
it can't be resolved that it will have to go to court. "I really am very
reluctant to see the tax payers money spent scraping around with the county
commissioners, but if it needs be, so be it," he said.
Ralph Waldo addressed the Chair stating he would like to make a motion,
but would preface the motion with the following statement:
• A motion was passed by the County Commissioners yesterday (4-1-81)
approving our contract, and it is completely impossible for me to go
along with it. Under this motion, like as not, if I go along and vote
to hire Mr. Hyland I could wind up having to help pay his salary. And
I don't think that's the intent of the•Home Rule Charter. The Board
of County Commissioners are saying to us there ' . . . that the Board (the
County Commissioners) cannot authorize payment for any investigation
on any other corporate body, political subdivision, or non-profit
corporation, for which the county contributes but has no administrative
authority, such as the Weld County General Hospital , Airport Authority,
Community Center Foundation, Chamber of Commerce, etc. ' That doesn't
leave very much that we can investigate or check up on. I can see no
reason for the Chamber of Commerce to be exempt from an investigation
on what they do with county funds that are given to them. I can't
see any justification for restricting our examination into all aspects
of county government which includes anything that we spend money for.
It's the taxpayers' money and we (the County Council ) are trying to
look after the taxpayers.
Councilman Waldo then made a motion that council obtain from Bob Ray an
opinion on whether, under the Charter, the council has the authority to investi-
gate the Weld County Municipal Airport. Mr. Waldo added that if the opinion comes
back and the council does have the authority, then council should proceed with
it's plans. If the opinion comes back and council doesn't have the authority,
then the council better have a special meeting and do something else. After the
opinion comes back and if it says the council does have authority, in the opinion
of council 's attorney, at that time the council should schedule a work session
with the county commissioners to see if they will rescind their motion and approve
the council 's contract.
De Ann Emerson said she would like to amend the motion to say also that
the council would like an interpretation from our attorney as to whether or not
when council hires a performance auditor it does, in fact, take the approval of
the commissioners.
Ralph Waldo cited portions of Ordinance #30, Creating Weld County Municipal
Airport Authority, July 24, 1978, as reasons why he thinks the county has the
authority to investigate the airport.
Robert Martin seconded the motion with the amendment and it passed
unanimously.
Robert Martin suggested that the council retain Mr. Hyland, and as soon
as it is convenient for him to start work that the council have him look at some
aspects of Weld County Government that are not involved in the controversial
part of the amendment that the county commissioners tagged on this contract.
Ralph 'Waldo then stated he wanted to correct one statement that was
attributed to him in an article in the Longmont Times-Call declaring that the
council 's action comes on complaints of airport employees. "I haven't had an
airport employee talk to me, and I sure don't know where that (statement) came
from. "
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MINUTES, WELD COUNTY COUNCIL Page 3 April 2, 1981
• Pat Anderson also added that contrary to a report in the Longmont Times-
Call , Dan Sandy was not•fited by the Council . His contract lapsed and the
council did not renew it. She continued, "The matters we are looking into are
of a completely different nature and we didn't need his services any longer."
UNFINISHED BUSINESS
The council read the maoarorandum from the Board of County Commissioners •
with the opinion from the county attorney as to the requirement of statute to
exempt agricultural shelters. Ralph Waldo stated, "This matter should be made a
matter of a report to the people at an early date and I think we should get an
opinion from Bob Ray as to his thinking on whether or not it's proper for the
county commissioners to charge building permits for agricultural buildings in
the face of the statute that says they shall not, they are excepted. They've
(the commissioners) gone a long way around in the county attorney's opinion to
say that they have the privilege to tax them. But the enforcing part of the law,
which is the guts of the thing, says that they are excepted. All we (council )
can do is make a report to the people on it. We need to get advice on it before
we db." Mr. Waldo made this a notion.
• Robert Martin seconded the motion to get an opinion from Bob Ray re-
garding this matter and the motion passed unanimously.
NEW BUSINESS •
Pat Anderson is unable to be on the Personnel Advisory Committee any longer.
She asked for a volunteer to be recommended as her replacement. Bob Martin said
he would be able to meet with the ccmmittee.and would volunteer. The council
president will send her letter of resignation to the chairman of the committee,
Rick Dill , and also recommend Bob Martin as her replacement and De Ann Emerson
as Bob's substitute, if needed.
Bob Martin made a motion to approve the March mileage payments to Pat
Anderson and Howard Foster. Motion seconded by Ralph Waldo and passed unanimously.
A motion was made and seconded to go into executive session. The time
was 2:45 p.m.
After the executive session Ralph Waldo commented that there had been some
quotes in the newspapers concerning the change of performance auditors by the
council . He said that the council never did fire Dan Sandy of Stanley Smith
Security, Inc. He added that Sandy did a commendable job, but has yet to submit
his final report. However, the council understands the reasons why it has been
delayed. The council didn't hire another performance auditor because of poor
servicesDr because Sandy wasn't an expert in his field. The council has been
quoted that Dan Sandy was fired because he failed to submit a final report from
the road and bridge department.
Mr. Waldo made a motion that Weld County Council write a letter to the
Greeley Daily Tribune and the Longmont Daily Times-Call to point out the in-
consistency and error in their reporting and ask that they correct and/or retract
their statements made about Dan Sandy and send copies of the correction to the
council after they've made them. Motion seconded by Pat Anderson and passed
unanimously.
ADJOURNMENT
There was no further business. Upon motion made and seconded, the meeting
was adjourned. The tire of adjournment was 3:50 p.m. , April 2, 1981.
• The next meeting is Thursday, May 7, 1981, 1:30 p.m.
atricia Anderson, President
Date Approved iiueiton, Secretary
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