An unofficial and unauthorized website about the Town of Nunn, Colorado

TOWNOFNUNN.NET

The Town of Nunn, Colorado does not have a website.  This site was initially created to give residents and others access to government documents and public records related to the town.  The Nunn Board of Trustees, Town Clerk, and Town Attorney did not grant permission or approval to create this website and are not responsible for any of its content. 

Jim Woodward

Weld County, Colorado

jbw@frii.com


Official Town Calendar (not currently in use)

Board of Trustees

Nunn Municipal Code

Proposed Land Use Code

Comprehensive plan/DOLA contract

Audits

Weld County Government

Colorado Open Records Act

Colorado Open Meetings Laws

Colorado Municipal Election Code

Colorado Revised Statutes

Constitution of the United States

Recall election

Uranium mining

The Nunnion Newsletter

Roberts Rules of Order

Links to sites related to Nunn


SCANTLAND QUITS

Town Attorney resigns amid upheaval in town politics

January 7, 2010

Nunn Town Attorney Barbara Brittany Scantland informed the town board tonight that she would be stepping down from her position.  Citing the political turmoil in the town in recent months, she said the time was right to end the relationship between the town and her Denver law firm, Murray Dahl Kuechenmeister & Renaud LLP.

Scantland didn't mention the bloated legal bills presented to the town for the last few months or her unsuccessful legal maneuvers to help former board members Pigue, Alexander, and Smith avoid being recalled.  For a blow-by-blow account of her efforts in Weld County District Court, read the transcript.

The Board of Trustees acted immediately to advertise for proposals to replace Scantland and her firm.  Scantland agreed to stay on until a new town attorney is appointed.

 

Legal Services Agreement between the Town of Nunn and Murray Dahl Kuechenmeister & Renaud LLP, signed by former Mayor Duane Bayne on April 24, 2007 (PDF 279 KB, 6 pages including Schedule of Costs)  Brittany Scantland, who received her law degree in 2004, is Nunn's appointed town attorney.  Ms. Scantland's firm recently billed the town over $10,000 for legal fees incurred in September and October.  The town's 2009 budget for legal services is $19,500.  This legal services agreement can be terminated by the town at any time.


NEW MAYOR

RESIGNS

Danny Joe Bagby steps down less than one month after being elected following harassment by opponents

January 12, 2010, Updated January 16, 2010

Newly-elected Mayor Joe Bagby resigned a few hours before the first regular meeting of the new Board of Trustees on January 7.  The resignation was not announced at the meeting because an effort was underway to persuade him to reconsider his decision.  Mayor Pro Tem Tom Bender is performing the mayoral duties until a new mayor is appointed.

In his resignation letter, Bagby cites "safety concerns for my wife, myself, my home and property."  He states that he was informed of possible threats to his family and home. 

Mayor Bagby submitted his letter of resignation to Town Clerk Tori McMechan and included two emails: an anonymous email signed by the "Silent Majority", and an email from the town clerk's husband, James McMechan.

Bagby was elected by 63% of the voters in the December 15 recall election, defeating mayoral candidate Gary Stuart by a large margin.  Former Mayor Jeffrey Pigue was removed from office after receiving only five votes for retention (out of 134 votes cast).

The Board of Trustees will discuss replacing Bagby at its special meeting on Thursday, January 14, at 7:00 PM.  See the meeting agenda here.

Resignation letter from Mayor Danny Joe Bagby - January 7, 2010 (PDF 9 KB, 1 page)

Email to "Mr. Gagby" from James McMechan, husband of Town Clerk Tori McMechan - December 26, 2009 (PDF 9 KB, 1 page)

Anonymous email from "Silent Majority" to Mayor Danny Joe Bagby - December 21, 2009

Letter to the Citizens of the Town of Nunn from Joe and Lynda Bagby - January 18, 2010

Yahoo! Inc. to take action on threatening emails sent to former Mayor Joe Bagby


AUDITOR GIVES NOTICE

Resignation letter from Cole and Crosier, P.C. informing the Board of Trustees that the CPA firm is withdrawing from the 2008 audit engagement because "the Town has not been prepared for the audit engagement to commence" - November 30, 2009 (PDF 186 KB, 1 page)  This letter was received by Town Clerk Tori McMechan in early December and was withheld from the Board of Trustees until after the December 15 recall election.  McMechan also serves as the town's treasurer and is responsible for providing the town's books and records to the auditor.  See audit webpage here.

AUDIT FACTS

Statutory deadline (including extension) for filing the 2008 audit with the Colorado Office of the State Auditor: September 30, 2009

Date of auditor's engagement letter: February 16, 2009

Date of auditor's resignation: November 30, 2009

Status of audit according to auditor: audit has not commenced

Why does this matter?  The Weld County Treasurer will not release any Town of Nunn property taxes until the audit is filed.

 


MCMECHAN

FIRED

Town board acts unanimously to remove town clerk for misconduct; trustees vote yes on 8 of 11 charges at 4-hour meeting; McMechan's lawyer presents no evidence; McMechan doesn't testify

February 4, 2010, Updated February 16, 2010

Notice of Hearing given to Tori McMechan to appear before the Nunn Board of Trustees to answer charges on February 4, 2010, including exhibits

See report by Sue Frederiksen here, and A Personal Note re McMechan's Removal

"Nunn board fires its town clerk; Rule violation, incompetence cited" - Colin Lindenmayer, Greeley Tribune - February 6, 2010 (PDF 18 KB, 2 pages)

Mark Cohen, attorney for former Town Clerk Tori McMechan hands over town keys and a town credit card to Interim Nunn Town Attorney Greg Bell while Police Chief Mike Clement looks on.

Husband of former town clerk dies in single-vehicle crash

Greeley Tribune

Nate A. Miller

July 12, 2010

NUNN — A Nunn man died late Saturday in a one-vehicle crash shortly after he threatened several Nunn town board members with a knife, according to police.

Weld County Undersheriff Margie Martinez said police were called about 9:45 p.m. to a the home in the 700 block of 4th Street in Nunn where there were several town board members.

“James McMechan and his son were involved in an assault and felony menacing of several town board members,” she said. “He was reportedly very intoxicated. That's when he got into his truck and took off.”

Martinez said the crash happened shortly thereafter. McMechan's son, who is a juvenile, left in a separate vehicle and was not involved in the crash.

“We did recover the knife from the menacing at the traffic accident scene,” Martinez said.

McMechan family spokeswoman Christy Alexander said she wasn't there Saturday night but McMechan's 16-year-old son may have been threatened before the incident with the board members. She said it's unclear whether Saturday's incident is related to a long-standing dispute in Nunn.

Martinez said the case is still under investigation.

The crash happened about 10:20 p.m. when James McMechan, 43, lost control of his black Chevy Silverado pickup. He was southbound on Weld County Road 36 as it approached the intersection of Weld County Road 96, Colorado State Patrol spokesman Sgt. John Hahn said.

The truck hit a road caution sign at the intersection. McMechan, the only person in the pickup, was not wearing his seat belt and was ejected from the vehicle, Hahn said.

Authorities are investigating whether alcohol or the speed of the vehicle played a role in the crash, Hahn said.

Alexander, who has known the McMechans for about two years, said she will miss McMechan, who leaves behind five children.

“He had a great sense of humor and loved his family,” she said. “He'd just found out he was going to be a grandfather.”

Alexander said she thinks that at the time he died, McMechan may have been going to work after shopping for groceries. McMechan was a directional driller for an oil company.

“It's just a tragic accident,” Alexander said. “I will miss his smile.”

McMechan, who is the husband of former Nunn town clerk and treasurer Tori McMechan, has had a confrontation with town board members before. In early August last year, board member Jenny Johnson said a car driven by James McMechan forced her car off the road as she was driving through town. A Nunn police officer ticketed McMechan with reckless driving.

Tori McMechan told The Tribune in September that someone shot holes into her house a few years ago, and she believes it had something to do with her job. No arrests or tickets were issued in that incident.

Tori McMechan was fired in February after a 41⁄2-hour public hearing.

On Dec. 28, 2009, four new trustees and a new mayor were sworn in following a mass town board recall. Alexander, a former Nunn mayor pro-tem, was one of the trustees recalled.

The dispute has unfolded in the shadow of disagreements about a proposed uranium mine near Nunn that have been ongoing for months but heated up last summer.

McMechan has sued the town of Nunn and the town board in U.S. District Court in connection with that firing.

James McMechan is the 17th person killed on Weld roads this year, compared with 24 at this time last year.

 

Toxicology Report - Horizon Lab LLC and NMS Labs - July 14-16, 2010 (PDF 138 KB, 6 pages)


Open records request from McMechan asks for evidence of alleged misappropriation of town funds and records 

McMechan's attorney "inadvertently" failed to attach February request to Amended Complaint filed in state court on April 2

Posted June 27, 2010

Colorado Open Records Act Request submitted by Mark Cohen on behalf of Tori McMechan - February 11, 2010 (PDF 87 KB, 3 pages)

NOTICE OF EXHIBITS REFERRED TO IN AMENDED COMPLAINT - TORI McMECHAN, Plaintiff, vs.
TOWN OF NUNN, BOARD OF TRUSTEES OF THE TOWN OF NUNN, AND JENNY JOHNSON Defendants - IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO -Civil Action No. 10-cv-01045-MSK -  May 25, 2010 (PDF 76 KB, 2 pages)

See all case documents here.


Federal Judge orders conferences in McMechan v. Town of Nunn case

Pre-scheduling conference meeting must be held by July 9; Scheduling/planning conference set for July 30

Posted June 27, 2010

ORDER SETTING SCHEDULING/PLANNING CONFERENCE - TORI McMECHAN,
Plaintiff(s), v. TOWN OF NUNN; et al.,
Defendant(s) - IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO - Civil Action No. 10-cv-01045-MSK-MJW - June 7, 2010 (PDF 39 KB, 12 pages)

See all case documents here.


TOWN BOARD AND JOHNSON FIRE BACK AT MCMECHAN

Defendants file answer to lawsuit from fired town clerk, calling claims frivolous and groundless, citing McMechan's negligence, calling for dismissal and awarding of legal fees, and demanding a jury trial

Posted May 14, 2010

DEFENDANTS’ ANSWER TO PLAINTIFF’S AMENDED COMPLAINT AND JURY DEMAND - TORI McMECHAN v. TOWN OF NUNN, BOARD OF TRUSTEES OF TOWN OF NUNN, and JENNY JOHNSON - UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO - Civil Case No. 10-cv-01045-MSK - May 14, 2010 (PDF 99 KB, 15 pages)

See all case documents here.


A FULL BOARD

Voters elect Bender as Mayor

Posted April 6, 2010, Updated April 8, 2010

Nunn voters today elected a mayor and six trustees in a regular election that had over 130 residents voting at the community center or by absentee ballot.  For the first time since January, the Nunn Board of Trustees will have seven members.

Tom Bender defeated Jenny Johnson by a wide margin for the office of Mayor.  Three new trustees were voted in, and three incumbents were re-elected.

James McMechan lost his bid to become a trustee following the February firing of his wife, former Town Clerk Tori McMechan, for misconduct.  McMechan received just over half as many votes as his nearest competitor.

The turnout was comparable to the December 15 recall election, with roughly 45% of registered voters casting ballots.

Unofficial election results:

MAYOR

Tom Bender            90     69%

Jenny Johnson           41     31%

TRUSTEE

Keith Collard         111    

Patti Norris            107

Wilbur Schooler     104

John Row               101

Joyce Taylor           92

Pat Johnson             78

James McMechan     42

The three highest vote-getters for trustee will serve four-year terms.  The bottom three will serve for two years.  The term for mayor is four years. 

Election judges were Tracy Sandmann, Nancy Cooper, and Howard Mike Williams.  A swearing-in ceremony will take place at 7:00 PM tomorrow in the board room at the community center. (NOTE: The swearing-in ceremony has been rescheduled to 7:00 PM, Thursday, April 15 because no notice was posted for the original meeting.)

Site updated September 1, 2010


"Panoramic view of storm near Nunn, Colorado" photo by Tony Hochstetler.  Used with permission.  View full size photo here.


WHAT'S NEW

 

Thursday, September 2, 2010, 7:00 PM - Special Meeting of the Board of Trustees (Agenda Agenda includes the 2008 audit, chicken ordinance, proposed land use code, and other items.

 

August 24 update on proposed Land Use Code


NUNN TOWN GOVERNMENT

Phone: 970-897-2385

Fax: 970-897-2540

Email: townofnunn@ezlink.com

Website: (under construction)

Address: 185 Lincoln Ave.

Mailing address: P.O. Box 171, Nunn, Colorado 80648

Hours (Town Clerk's office): call for hours

Police: 970-897-2561 (There currently are no police officers employed by the town.  If it's an emergency, call 911.)

Chief of Police: (vacant)

Weld County Non-Emergency & Dispatch: 970-304-6500 or 970-350-9600

Designated posting locations for public notices: Town Hall, Post Office, Nunn Cafe, Nunn Telephone Co

Maintenance Supervisor: Mike Langston 


NUNN FIRE DEPARTMENT

Phone: 970-897-2329

Address: 487 Logan Ave.


TOWN OFFICERS

Mayor: Tom Bender

Trustee & Mayor Pro Tem: Keith Collard

Trustees: Joyce Taylor, Patti Norris, Pat Johnson, John Row, David Achziger

Town Clerk: Annie Jones-Rehurek

Town Treasurer: Cathy Payne

Town Attorney: Matthew T. Gould, Esq. - Bell, Gould & Scott, P.C.

Town Judge: Keith A. McIntyre


How Governing Body Members Can Govern Better - Colorado Municipal League


Trustee Taylor puts forth list of "Things I'd like to see done"

January 11, 2010

Trustee Joyce Taylor presented her fellow trustees with a lengthy list of items concerning the town that she would like to see addressed by the board.  The list was handed out before the January 7 board meeting and Taylor asked the trustees to review her ideas and make their own list.  Taylor, who retained her seat during the December 15 recall election, thinks it is important for the board to prioritize the work that needs to be done in the next few months.  Whether you agree with specific ideas on her list or not, Trustee Taylor deserves kudos for taking the initiative to tackle issues facing the town.  It is customary for legislators to begin the year by laying out their goals for the coming year, and Taylor has stepped up to the plate with her ideas for Nunn.  

Things I'd like to see done ASAP 2010 Nunn Board - Trustee Joyce Taylor - January 7, 2009 (PDF 15 KB, 3 pages)


REMOVAL HEARING SET FOR TOWN CLERK

January 28, 2010

From the Editor of The Nunnion:

At a Special Meeting tonight the Board voted unanimously to place the Town Clerk on administrative leave until a hearing for her removal from office that will be held on Thursday, February 4, 2010 at 6:00 p.m. at the Town Hall. Absent from this meeting was the Town Clerk. In attendance were the Interim Town Attorneys Greg Bell and Matthew Gould. Since the Town Clerk was absent the charges were not read and will be delivered to the Town Clerk by Nunn Police Department.

Sue

Note: The trustees said the charges will be publicly released after being delivered to Ms. McMechan, and that her keys will be collected by the police.  Prior to discussing the town clerk, Trustee Jenny Johnson made a forceful statement insisting that intimidation of town officials and residents should cease immediately, and that Nunn police will respond to reports of illegal intimidation.  Apparently, a Nunn resident threatened a trustee before the meeting, warning that he would "get his shotgun" if the trustee voted to approve the removal hearing. 

Colorado Revised Statutes 18-8-102. Obstructing government operations (PDF 11 KB, 1 page)


TOWN RECORDS MISSING

Financial and accounting data, meeting recordings, computer equipment, and files disappear from town clerk's office; McMechan withholds computer passwords; Board advised to not disturb "chain of evidence"

February 3, 2010

In a still unfolding story, town trustees have discovered that critical town files, electronic data, and equipment are missing from the office of Town Clerk Tori McMechan following the Board's action last Thursday to place McMechan on administrative leave pending a removal hearing.  The hearing is scheduled for 6:00 PM tomorrow, February 4.  Charges were delivered to McMechan on January 29.

Town trustees were uneasy about discussing the situation at the regular board meeting tonight, but over the course of the 3-hour meeting revealed the following:

- A town computer is missing.

- Another computer has been taken by the Weld County Sheriff.

- They have been unable to get computer passwords from McMechan.

- At least two years of accounting data seems to be missing.

- Audio recordings of board meetings are missing.

- Electronic files including board meeting minutes cannot be found.

- Utility bills are delinquent.

- Banking records cannot be found.

- Email records are missing.

- Budget records are missing.

- A $2,273 legal bill was paid without board approval.

- The 2010 budget was not submitted to the state by the January 31 deadline.

- There are "ongoing investigations" by law enforcement.

Trustees also found IRS penalty notices that the board was not told about.

The trustees decided to have all exterior and interior locks in Town Hall re-keyed last Friday.  According to Mayor Pro Tem Jenny Johnson, town government is operating under "emergency protocol" while trustees scramble to make payroll, keep the lights on, and put out water bills. 

The board cannot bring in a temporary administrative employee since the Weld County District Attorney is advising the board to not "break the chain of evidence."  And caller ID has been added to the Town's phone system after trustees received multiple "nasty" phone calls from a McMechan supporter.


The Nunnion reports on secret agreement between Powertech Uranium Corp. and former town officials McMechan and Pigue

Posted March 7, 2010

 

From the February issue of The Nunnion Newsletter:

 

At the February 9th Special Meeting of
the Board of Trustees, it was revealed
by Chef Clement that former Mayor
Pigue and former Town Clerk Tori
McMechan had entered into a “secret
agreement” with Power Tech to provide police patrols at the mining site northwest of Nunn. Chief Clement said he was instructed, by then Mayor Pigue
and then Town Clerk McMechan, to
make these patrols and not disclose
what he was doing to anyone.


The patrols were conducted from approximately February, 2009 through
December, 2009. So as not to reveal
the fact the patrols were being conducted they were listed as “building check” on the police patrol log. It is also interesting that, during that time period, according to accounting records for the Town, it does not appear there were any payments from Power Tech listed on the Accounts Receivable Journal.
 

After the Recall Election, prior to Mayor Bagby resigning, Chief Clement did disclose the “secret agreement” to Mayor Bagby. Chief Clement told Mayor Bagby he had discontinued the patrols. Unfortunately before this information could be brought to light, Mayor Bagby resigned.
 

Several individuals, present at the February 9th Special Meeting and who
were on the Board during the time period these patrols were being conducted, stated they were not aware of this agreement.