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WELD COUNTY COUNCIL
May 4, 1977 j MAY 19 1977 hilf
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The Weld County Council met in regular session in full conformity
with the Weld County Home Rule Charter at 9th Avenue and 9th
Street, Greeley, Colorado, May 4, 1977 at the hour of one thirty.
ROLL CALL: The meeting began with an invocation by Nancy Clark, President
and on roll call the following members were present:
President Nancy Clark
Vice President Bob E. White
Councilman John T. Martin
Councilman Floyd Oliver
Councilman Robert Martin
Also present: Mary Ann Feuerstein, Clerk & Recorder; Wanda Hughes,
Election Department; Walt Speckman, Director of Human Resources;
Tony Sanchez, Human Resources; representative from League of Women
Voters; four members of the press; and secretary Bonnie Hickman.
MINUTES: Bob White made a motion, seconded by John Martin, to approve the
minutes of April 20, 1977. Motion carried unanimously.
ADDITIONS TO AGENDA: The president added to the agenda: conflict of
interest regarding Treasurer Loustalet; discussion of road and
bridge; hiring of investigator for Council; review of information
received on conflict of interest; discussion with press regarding
open meetings; Mary Ann Feuerstein regarding test run of 1976
election ballots.
REPORTS
ELECTION PROCEDURE TESTING: Mary Ann Feuerstein, Clerk & Recorder, presented
to Nancy Clark a written response to the Council 's April 21 letter
requesting an opportunity to run a sample precinct of the November
1976 ballots through the computer. Nancy Clark read into the record
the Council's request, Mrs. Feuerstein's subsequent request to the
Elections Director of Colorado, Ms. Betty Chronic, Ms. Chronic's
reply and Mrs. Feuerstein's reply. Ms. Chronic replied that the
ballots cannot be re-run or examined in any manner and suggested
the Council run extra blank 1976 election ballots under the test
procedures provided in CRS 1-6-020(2) . She also added that the ballots
will be destroyed after May 5, 1977. Mrs. Feuerstein notified the
Council that she had already reserved time for the Council to run
a test through the computer on May 21. She said this would involve
much time on the part of the computer's personnel to clear the
program and prepare for a test run.
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County Council Minutes - Page 2
May 4, 1977
All Council members agreed, with the exception of Nancy Clark, that
it would not assist the Council in their study of the 1976 election"
problems. Floyd Oliver stated that they want to find out if there
were marks on any ballot cards in which it was impossible to deter-
mine who the voter voted for. Wanda Hughes of the Election Depart-
ment noted that only two cards during the primary could not be
determined. She did not know how many were undetermined for the
general election.
Nancy Clark felt that even though the original ballots could not be
re-run, it would be beneficial for the Council to observe the
procedure. The Council felt this was too time consuming and
expensive. Mrs. Feuerstein suggested as an alternative that the
Council observe the test run before the next election in September
of 1978, providing both parties agree. She reminded the Council
several times that although the Council can observe the election
process, they cannot have a physical part in it.
The Council decided to contact the Board of Canvasers from the 1976
election and invite them to attend a meeting and discuss the problem
of mis-marked ballots. Bob White made a motion to this effect and
Floyd Oliver seconded. Motion carried unanimously.
HUMAN RESOURCES PRESENTATION: The Director of Human Resources, Walt Speckman
and Tony Sanchez showed a slide presentation of the divisions and
various aspects of their department. A question and answer period
followed. Nancy Clark mentioned that the Council would still like
to tour their facility in person.
CORRESPONDENCE: Nancy Clark noted from the Weld County News Letter that the
Charter Amendment meetings are the third Wednesdays of the month
at 7:30 P.M. in the Centennial Center.
GRAND JURY: Nancy Clark reported that all twelve members of the jury have
been selected and will be sworn in on Thursday evening.
ROAD AND BRIDGE: Bob White said he has received many complaints involving
road and bridge. Some matters of concern were: Maintainer maintenance
shows preferential treatment; work crews are quitting early; if a
maintainer needs repairs another maintainer is not taken out to
replace it; gravel crews are doing part of their work; and work
crews' days seem to start at ten and end at three. Mr. White said
he had not verified this information but felt that perhaps it should
be verified by the Council, particularly by a hired investigator.
If this information is correct he felt that there was about a 75%
work efficiency and the money wasted could amount in several
thousand dollars that could result
County Council Minutes Page 3
May 4, 1977
in better roads. He felt the Councilwas being "penny wise and
dollar foolish". Mr. White suggested the Council hire an investi-
gator with experience in accounting and law.
Discussion followed. Council members agreed that if they hire an
expert that this might save the County much money. John Martin
suggested the Council 's approach was wrong and that these questions
and complaints regarding road and bridge should be discussed with
the Commissioners, and then together try to solve them. Bob White
suggested inviting the chairperson of the Commissioners to attend
a work session and begin to work for a solution. Council members
decided to continue discussion of this at the next meeting and
felt it was a definite priority.
CODE OF ETHICS: Nancy Clark reported the Council received much information
from various sources regarding code of ethics and/or conflict of
interest. She felt the Council has a mandate from the Charter to
establish a comprehensive code of ethics for the County and also
felt that this should be a priority. She suggested first reading
the material obtained and then meeting with the Commissioners on
the matter. The Council will again discuss this at their next
meeting.
CONFLICT OF INTEREST RE LOUSTALET: Bob White reported on the work session held
April 27 in which Mr. Loustalet informally discussed with the Council
a possible conflict of interest.
Nancy Clark read into the record a letter written by Mr. Loustalet,
dated April 13, 1977. In the letter Mr. Loustalet explained his
ownership of a certain stock in the First National Bank Corporation
by inheritance. County funds are on deposit in this bank, along with
other banks in Weld. He stated that the "funds are placed in various
banking institutions. . .in a fair and unbaised method which is
generally accepted by the local banking industry" and felt that in using
this method it did not interfere with his "unbaised discharge of duties
as County Treasurer." Mr. Loustalet also added that he believes the
Charter is in direct conflict with state statutes concerning conflict
of interest.
District Attorney Bob Miller suggested Mr. Loustalet put his stock
in blind trust. But Mr. Loustalet had explained previously to the
Council that he feared the trustee might sell his stock. He said he
doesn't want to keep the stock to have part in the voting rights
but because it was inherited.
' Bob White stated that since the personal benefit is so small that it
would be impossible for a conflict to exist and the Council must
County Council Minutes Page 4
May 4, 1977
consider the intent. Floyd Oliver reminded them that the Charter
says the Treasurer cannot own any part of a financial institution.
John Martin suggested he sell the stock, shelter it in some way, or
withdraw the County's funds from the First National Bank Corporation.
Bob White felt more investigation needs to be done, particularly to
determine the meaning of "proprietary" in Charter Section 16-9(2) (b) .
DISCUSSION WITH PRESS: The Council was criticized by the press for having a
meeting on April 27 without notifying them. John Seelmeyer,for the
Tribune, felt that the work which any public body does is the public's
business. Closed meetings should only be to purchase property or
for personal matters as hiring and firing. He added that the news
business is competitive and in most cases they will find out when
meetings were held and consequently run the chance of making mistakes.
They felt it appeared as if the Council were holding secret meetings.
Neil Best of KUNC stated that it is important for the press to attend
all meetings in order to know how the Council arrives at is conclusions.
The Council decided to notify the press of all special meetings either
by phone or posting notices in the Commissioner's office.
SPECIAL LEGAL COUNSEL: Bob Martin reported the expenses for the special legal
counsel for 1977 was $3,608.90.
NEWS RELEASE: Nancy Clark wrote a news release entitled, "Why the County
Council?" Each member received a copy for their review. John Martin
was selected to write the next release for June.
There being no further business, the neeting was adjourened.
Respectfully submitted,
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Bonnie Hickman APPROVED/// ;: =, � ) (I/�� .!�f
Council Secretary
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