HomeMy WebLinkAbout20141199.tiff RESOLUTION
RE: RATI
FICATION OF APPOINTMENT OF NOMINEES TO THE BOARD OF TRUSTEES
OF THE HIGH PLAINS LIBRARY DISTRICT TO FILL VACANT POSITIONS
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the High Plains Library District ("HPLD") has been created by action of six
municipalities, Weld County School District Re-8, and the County of Weld, all in the State of
Colorado, and
WHEREAS, the HPLD Board of Trustees consists of seven members, and
WHEREAS, by action of a majority of the legislative bodies of the eight original
government entities, HPLD Trustees Karen Rademacher, Lucile Arnusch, Jacqueline Maslowe,
Brian Larson, Claud Hanes, and Stan Sameshima were removed from their positions as
Trustees, leaving six Trustee positions vacant, each with an unexpired term, and
WHEREAS, pursuant to C.R.S. § 24-90-108(3)(b), vacancies are to be filled for the
remainder of the unexpired term as soon as possible in the manner in which trustees are
normally chosen, and
WHEREAS, the seventh Trustee position is also currently vacant, with no unexpired
term, and
WHEREAS, pursuant to C.R.S. § 24-90-108(2)(c), the HPLD selection committee has
recommended the following persons for appointment to the Board of Trustees, to fill the
unexpired terms of the removed Trustees, as follows:
Tommy Holton to serve the remainder of the term for Karen Rademacher(expires
12/31/15);
Mike Simone to serve the remainder of the term for Lucile Arnusch (expires 12/31/16);
Scott Moser to serve the remainder of the term for Jacqueline Maslowe (expires
12/31/16);
Butch White to serve the remainder of the term for Brian Larson (expires 12/31/16);
Mike Freeman to serve the remainder of the term for Claud Hanes (expires 12/31/14);
and
Ray Patch to serve the remainder of the term for Stan Sameshima (expires 12/31/17),
and
WHEREAS, pursuant to C.R.S. § 24-90-108(2)(c), the HPLD selection committee has
recommended Tom Norton for appointment to fill the vacant Trustee position with term to expire
December 31, 2018, and
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h{-22 '/LI 2014-1199
LI0009
RATIFICATION OF APPOINTMENT OF NOMINEES TO THE BOARD OF TRUSTEES OF THE
HIGH PLAINS LIBRARY DISTRICT TO FILL VACANT POSITIONS
PAGE 2
WHEREAS, the Board of County Commissioners desires to ratify all of the nominations
for appointment to the HPLD Board of Trustees, as set forth above for the terms as specified.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that all of the nominations for appointment to the HPLD Board of
Trustees, set forth above, be, and hereby is, ratified for the terms as specified.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 14th day of April, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ,W,,,,seAdal W I'/19 ''1'+10` c
f
` /- /�� Douglhair
Weld County Clerk to the y,1f fir �:'1I / :,����� ` -arbara Kirkmeyer, Pro-Tem
Dep y Clerk to the Boa a iI� ti,
% \4.6 �e. Sean P. Conway
n
APP ED M: '�'Y1.�Du .a_,__
Mike Fre an
u y Attorney
Willi F. Garcia
APR 1 7 2014
Date of signature:
2014-1199
LI0009
L -
s, 1861 OFFICE OF FINANCE & ADMINISTRATION
PHONE (970) 3564000, EXT 4218
j `, FAX: (970) 336-7233
:di1150 O STREET
!' I PO BOX 758
r'p�U FN T T GREELEY, COLORADO 80632
March 17, 2014
Board of Weld County Commissioners
1150 O Street
Greeley, CO 80632
Dear Commissioners:
This memorandum is a follow up to discussions the Board of Weld County Commissioners has
had with me and others concerning the High Plains Library Board members and the
unwillingness of High Plains Library Board to follow the original intent of the founding principles
of the High Plains Library District. As you are aware, in August and September of 1985, a total
of ten governmental units acted to join the Weld Library District (WLD). Eight of those entities
acted both to legally establish the WLD, and also to participate in the WLD. These entities were
the Weld County RE-8 School District, and the municipalities of Ault, Eaton, Evans, Fort Lupton,
Greeley and Hudson. Two of those entities, the Towns of Johnstown and Platteville, choose to
establish the WLD, opting only to participate in the WLD. In December of 1990, the City of
Greeley choose to "merge" into the WLD, becoming a branch library, and transferring board
control, property, and the City's library-related mill levy share to the WLD.
The creation of the WLD was necessitated by the loss of federal revenue sharing by the county
and the municipalities. With the federal cuts, it required each local government to look at the
priorities of services and the funding alternatives. Rather than eliminate or drastically cut the
library, the Weld County Commissioners recommended the creation of the WLD with its own
property tax source to fund the library system countywide. The County Commissioners and
staff(primarily Commissioner Bill Kirby and myself) met with all municipalities that had operating
libraries, plus Evans, to convince them that the creation of the WLD would allow each to
maintain their own library while securing a dedicated revenue source in the form of a shared
property tax.
Central to the negotiations to create the WLD were the three key conditions that served as the
cornerstone for all the governmental entities to agree to create the WLD. Those three
conditions were:
• Municipal retention of the title to their library property
• Continuation of local boards of library trustees to insure local control
• The sharing of the library-related mill levies through a 2/3-1/3 allocation of the property
tax generated from the service area of the municipal libraries
The municipalities agreed to join in the creation of the WLD only if these three key conditions
were guaranteed by the creating documents. Additionally, the municipalities were ensured
these conditions would be perpetual in the future, independent of changes in governing board
members or library administrators.
From an examination of the current situation, the Board of Weld County Commissioners find it
very troubling the current High Plains Library District Board of Trustees and administration in
their dealings with the municipalities are attempting to unilaterally undo these three key
conditions guaranteed by the creating documents. This is contrary to the creating documents,
and the promises made to each other by the governing boards creating the WLD in 1985. The
elected officials creating the WLD had the foresight to intentionally craft the creating documents
in the manner they did to prevent the very actions the HPLD Board members are attempting.
The HPLD is acting to eliminate local control of the libraries and threatening to change the
property tax allocation due the local libraries, if they do not comply with their new IGA
conditions. This is contrary to the spirit and legal basis that created the WLD.
The Weld County Attorney has reached the same legal conclusion that the High Plains Library
District's attorney has reached:
"HPLD is bound by the provisions of the Weld Library District's 'founding documents',
many of which established "participating/member" library relationships, and set in place
permanent "2/3-1/3" allocation of HPLD's mill levy in certain areas. HPLD may not
unilaterally sever relationships with "participating" libraries or curtail allocation of HPLD's
mill levy in contravention of these original resolutions, even upon expiration of IGAs with
those governmental units."
The Board of Weld County Commissioners has encouraged the High Plains Library District
Board of Trustees to follow the advice of their attorney by recognizing and complying with the
condition set forth in the creating documents when dealing with all of the participating entities.
The Board of Weld County Commissioners has, in writing and verbally, found it necessary to
state their concerns and position regarding this matter in recent months. All of the entities that
came together to create the WLD can be proud of what the High Plains Library District has
become and the valuable services it provides to our citizens. The Board recognizes the
importance that libraries serve in this county, and do not want the library services to be put in
jeopardy, but at the same time it is imperative the conditions agreed upon by all the creating
entities be honored.
Based upon the outline of facts and history above, the Board of Weld County Commissioners
has reached the conclusion that it has no confidence in the current HPLD Trustees. The HPLD
Board members are attempting to take away local control of the libraries and threatening to
change the property tax allocation due the local libraries, which is contrary to the original intent
of the promises, principles, and founding documents that created the HPLD. This lack of
confidence has been deemed by the Board of Weld County Commissioners as one of the
creating legislative bodies as sufficient to constitute "good cause"for removal of each current
HPLD Board Trustee. From discussions, members of the Board of Weld County
Commissioners are confident that the other HPLD creating legislative bodies share the
Commissioners' lack of confidence in the current HPLD Board Trustees.
It is also apparent that when future trustees are being appointed to the High Plains Library
District Board by the creating governmental entities that all prospective board member
applicants be made aware of the key conditions guaranteed in the creating documents and
assurance from the applicant, if appointed he or she will honor those conditions in dealing with
participating entities.
Sincerely,
/
/�/ St
Donald D. Warden
Interim Director of Finance
•624424 1///7
_ n occoldCLERK TO THE BOARD
to
PHONE: (970) 336-7215, EXT.4225
U FAX: (970) 352-0242
1150 O STREET
P.O. BOX 758
GREELEY, COLORADO 80632
STATE OF COLORADO)
) ss
COUNTY OF WELD )
I, Esther E. Gesick, Clerk to the Board of County Commissioners, in and for the County of
Weld, State of Colorado, do hereby certify that the attached copy of Resolution #2014-1199,
dated April 14, 2014, is a duplicate of the original Resolution on file in the Weld County Clerk to
the Board's office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County
at Greeley, Colorado, this 17th day of April, 2014.
Wotail V -e;A SE La
CLERK TO THE BOARDIsm 0
F -="''•_
BY:
DE UTY CLERK TO THE BOA' •:'�
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