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MINUTES SEP
WELD COUNTY COUNCIL 1977
August 23, 1977
The Weld County Council met in special session in full
conformity with the Weld County Home Rule Charter at
9th Avenue and 9th Street, Greeley, Colorado, August 23,
1977 at the hour of nine o'clock.
ROLL CALL: The following members were present:
Nancy Clark, President
John Martin, Councilman
Floyd Oliver, Councilman
Robert Martin, Councilman
Also present: County Commissioner, Ed Dunbar; County
Attorney, Thomas David; 4 members of the press, and
secretary, Bev Thomas.
Present later in the meeting: Councilman Bob White;
Attorney Robert Ray; Finance Director, Mr. Dority.
CORRESPONDENCE: Nancy read a letter from Mr. Gary Fortner in
which the Council was updated regarding the status of the
application to the Planning Commission by the Rolanda Feed
Company. It was determined that a copy of that letter would
be sent to the persons initiating contact with the Council
regarding the Rolanda Feed Company. Emphasis was to be made
that the process of a public hearing would not be by passed.
Nancy Clark informed the Council of her recent meeting with
Betty Rhoden where Nancy learned that the Council is to have
a room for their secretary and a small conference room in the
new Centennial Building. The furniture for these rooms will
not be capital outlay expenses on the Council's 1978 Budget.
COUNCIL'S 1978 BUDGET: Nancy explained that a special meeting had
been called to finalize a proposed 1978 Council Budget. A
worksheet was presented which Nancy had prepared. It showed
last year's budget, what percent of it had been spent at mid-
year, and gave a proposal for the 1978 Budget.
Floyd Oliver felt that the Council needed to hire someone for
the purpose of doing legwork and digging up information needed
by the Council. Floyd made a motion that the Council ask that
the salary fund be increased by $20,000.00 Bob Martin seconded
the motion. Bob Martin stated that he felt that the Council
had been extremely prudent in spending money and considering
the volume of work the Council is asked to do, budgeting for
an experienced person to help was appropriate.
A fulltime employee versus anas-the-need-arises employee was
discussed. Nancy Clark was opposed to the Council hiring any
770965
County Council Mites ,r6, Page 2
August 23, 1977
fulltime person that could be the beginning of a bureaucracy
surrounding the Council. John Martin was opposed to hiring
a fulltime person because he felt a fulltime investigator
could end up taking over or manipulating the Council. He
favored hiring persons on anas-needed basis that would have
expertise related to the specific task needed to be done
at the time.
Bob Martin reminded the Council allotment would have to be
made in the 1978 Budget for paying legal counsel. Floyd Oliver
called for the question of the motion. All were in favor of
acting on the motion. The motion was defeated three to one.
Bob Martin made a motion that the Council ask for a $10,000.00
increase in the salary fund making the total salary budget
amount $13,640.00. That amount would include legal fees,
salaries, administration. Floyd Oliver seconded the motion.
The motion was defeated three to one.
John Martin made a motion that the Council insert a grand
total of $15,000.00 in the 1978 Budget for salaries, administra-
tion, and legal fees. Bob Martin seconded the motion. It was
passed with three yeas and Floyd Oliver voting nay.
Floyd Oliver made a motion that the Council ask for $7500.00 for
an auditing fee in the 1978 Budget. John Martin seconded the
motion and it passed unanimously. Floyd Oliver made a motion
that the Council accept the rest of the budget as presented on
the worksheet. John Martin seconded the motion. There was
discussion regarding an inadequate amount budgeted for
newspaper subscriptions. Floyd Oliver withdrew his motion with
the approval of the second. Bob Martin made a motion that the .
Council continue its subscriptions with the newspapers it now
subscribes to and add to those The Greeley Journal and the
'Loveland Reporter Herald, making the budget proposal $130.00 for
newspaper subscriptions. John Martin seconded the motion and it
passed unanimously.
Floyd Oliver made a motion that the Council adjourn their meeting
until 11 A.M. Bob Martin seconded the motion and it passed
unanimously.
The meeting was reconvened after the recess at which time Nancy
explained to County Finance Officer, Mr. Dority the Council's
1978 Budget proposal. Mr. Dority advised the Council to drop the
request for audit money since they had no specific audit in mind.
He urged the Council to take this action to keep their budget as
close as possible to the 1977 Budget. He suggested that the Council
should request audit money from the County Commissioners when the
need arises for an audit. It was pointed out that under the
Charter the County Commissioners have no alternative but to provide
money for an audit when it is requested by the Council. Mr. Dority
explained that there were funds available for such requests. He
urged the Council to include the possibility of a request for audit
• County Council Mates Page 3
August 23, 1977
money in the narrative which would accompany the budget request.
Bob Martin made a motion that the Council drop the $7500.00 audit
request, but include the possibility of an audit in the narrative.
John Martin seconded the motion and it passed unanimously.
Mr. Dority gave some pointers as to what format the Council's
budget narrative should take. He also explained that funds for
paying the secretary would have to be segregated from other requests
for funds for legal advise or additional employees. Salary, except
to pay the secretary, should go under a contract services line
number. It was determined that Nancy Clark would present the
Council's budget narrative to Mr. Dority in approximately two weeks.
VICTOR JACOBUCCI CASE: Nancy read Section 13-8 (5) of the Powers and
Duties of the Council from the Home Rule Charter. She reported that
she had talktd to Mr. Robert Ray about the matter of the Council's
power to suspend an elected official under indictment. She said
he would provide legal advise to the Council if it were required
in this matter. Nancy pointed out that at this point any decision
of the Council was discretionary.
Floyd Oliver stated that at the time the County Council studied the
Jacobucci case and found that Mr. Jacobucci had a conflict of
interest, the Council had felt he should be relieved of his job
as Coordinator of the Department of Engineering Services. Floyd
asked if the Council could now insist that Mr. Jacobucci be
suspended from that job pending the outcome of his trial.
Bob Martin and John Martin felt we should have legal counsel on
the matter.
The Council felt that they should act hastily on the matter as
a courtesy to Mr. Jacobucci. It was determined that Nancy Clark •
would check on the possibility of the Council meeting with Mr.
Ray later in the day.
At twelve noon Attorney Robert Ray was able to meet with the
Council. Floyd Oliver explained to Mr. Ray the suggestion to
suspend Mr. Jacobucci partially. Mr. Ray stated that this
suggestion was certainly an arguable point: Since the Council
has authority under the charter to do the greater (suspend the
Commissioner completely), the Council therefore has the power
to do the lesser (suspend the Commissioner from merely part of
his job) .
Nancy read the indictment against Mr. Jacobucci to the Council
and a discussion was held regarding why public officials are
suspended from duties while under indictment.
Floyd Oliver made a motion that the Council suspend Victor
Jacobucci from his position as Coordinator of the Department of
Engineering Services because of the indictment handed down by the
Grand Jury. This should be written into a resolution by Robert
Ray. Robert Martin seconded the motion and it passed unanimously.
County Council Mtes l Page 4
August 24, 1977
' The meeting was recessed until August 24, 1977 at 3 P.M. when
the resolution was ready for adoption.
At 3 P.M. , August 24, 1977 , the meeting was reconvened. The
resolution regarding Victor Jacobucci was presented to the
Council and discussed. The semantics of the resolution were
debated and it was altered to read: "Commissioner Jacobucci 's
position of Coordinator of the Department of Engineering
Services". The clause "and shall continue to perform all of
his commissioner's duties other than those from which he has
been suspended as stated above" was also added.
While the resolution was retyped the Council verbalized their
reasons for the decision. John Martin said that the Council
had certain responsibilities regarding this type of problem
under the Charter. He felt the Council would be remiss if
they gave the matter no attention. The Council, he felt, had
again taken a realistic approach to a problem at hand.
Bob White felt the partial suspension was in order because of
the close association between the Coordinator-position and the
area of the indictment.
Bob Martin felt the suspension was necessary to maintain public
confidence in County government. Nancy Clark felt that County
Road and Bridge personnel called to testify in the trial, while
Jacobucci remained as the Coordinator of the Department of
Engineering Services, would be in a difficult position.
Nancy read the corrected resolution and Bob White made a motion
it be adopted. The motion was seconded by John Martin and
passed unanimously. 1
After answering questions from the press, the meeting was adjourned.
Respectfully submitted,
Beverly Thorti APPROV �
Council Seer tart'
/1 n
COUNTY COUNCIL BUDGET
% 1977
Budget Budget - 1978
Appropriation Expended Proposed
1977 6/30/77 Budget
GENERAL FUND EXPENDITURES
s,V00
Salaries-Administration -j04-0 3,640.00 28.24 37640.00
F I C A Expense 213.00 11.79
Auditing Fee 7,500.00 7-,500r00c((cr,_
Office Supplies 200.00 83.87 200.00
Dues 8 Subscriptions 78.00 58.33 i 3 , —
Mileage 8. Travel 1,000.00 25.27 1,000.00
Postage 150.00 9.44 120.00
NOTE: According to our instructions, we are to make no entries re: FICA or
salaries. We will receive further instructions after a payroll 1
proposal is considered by the Commissioners maybe later this month. •
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