Elk in Rocky Mountain National Park
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, DECEMBER 13, 1993

SUBDIVISIONS

(#397 & 398)

The Board of County Commissioners met at 9:00 a.m. in regular session with John Barnett, Director of Planning. Chairman Hotchkiss presided; Commissioners Disney and Duvall were present. Also present were: Al Kadera, Subdivision Administrator; Jerry White, Zoning Administrator; Jill Bennett, Comprehensive Planner; Jerry Blehm, Environmental Health; Rex Burns, Engineering; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Mr. Barnett requested the Board to table the Springfield Court Planned Unit Development until February 14, 1994.

M O T I O N

Commissioner Duvall moved that the Board table the Springfield Court Planned Unit Development (#93-MS0285) until February 14, 1994, as requested by Mr. Barnett.

Motion carried 3 - 0.

Mr. Barnett noted that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience.

1. STANLEY HEIGHTS SUBDIVISION (#93-SA0378): NW 19-05-72; 901

EAST LANE DGR, ESTES PARK; 6 ACRES; 4 LOTS; E-ESTATE

ZONING (12-13-93).

This is a request to amend a plat of Stanley Heights Subdivision, Lots 39 and 40 to reconfigure two lots. Staff Findings include: 1) The proposed Amended Plat will not change the lot sizes or the number of lots in this subdivision; 2) The Amended Plat will result in better building sites on each lot; 3) The County Health and Engineering Departments and all utilities serving this area reviewed the proposed Amended Plat and stated no objections. Staff Recommendation is for Approval of the Amended Plat of Lots 39 and 40, Stanley Heights Subdivision.

2. WINDCLIFF ESTATES 5TH FILING AMENDED PLAT (#93-SA0377):

NE 1/4 10-04-73; 1637 AND 1639 ZERMATT TRAIL, SOUTHWEST OF

ESTES PARK; .55 ACRES; 2 LOTS; E-1 ESTATE ZONING (12-13-93)

This is a request to amend plat Lot 4, Block 1, Windcliff Estates 5th Filing, to divide an existing building site-keeping number of dwelling units at four. Staff Findings are: 1) Windcliff Estates Fifth was approved in 1976. Lot 4, Block 1 was approved for four dwelling units; 2) The proposed Amended Plat will result in two lots with two dwelling units per lot. The density and the number of dwelling units does not change; 3) The County Health and Engineering Departments and all utilities serving this area reviewed the proposed Amended Plat and stated no objections. Staff Recommendation is for Approval of the Amended Plat of Lot 4, Block 1, Windcliff Estates Fifth Filing.

M O T I O N

Commissioner Disney moved that the Board adopt the Staff Findings and Staff Recommendations and approve the Stanley Heights Subdivision (#93-SA0378), and the Windcliff Estates 5th Filing Amended Plat (#93-SA0377); each, with the conditions as outlined above.

Motion carried 3 - 0.

3. AMENDED FOSSIL CREEK MEADOWS WARRANTY COLLATERAL

(#S-78-86): 1-6-69; EAST OF HIGHWAY 287, 1/2 MILE SOUTH OF

HARMONY ROAD; 14.526 ACRES; 60 LOTS; R-RESIDENTIAL ZONING

(12-13-93)

This is a request for a release of collateral. Mr. Kadera stated that this item was tabled on November 8, 1993 to allow time for the parties involved to resolve some of the issues and concerns, but noted that, as of today, nothing has changed. The President of the Homeowner's Association presented pictures of the berm, noting that it is an eyesore and incomplete, and was not a part of the original development agreement; he estimates that $2,500 would make it acceptable to the homeowners. Mr. Kadera stated that the homeowners are asking the developer to do something beyond what was originally required, and the request for release of warranty collateral has nothing to do with landscaping. Staff Findings include: 1) The Amended Plat of Fossil Creek Meadows was approved in 1986. The improvements were completed and released in 1991. The warranty period has expired and the developer has requested that the warranty collateral be released; 2) The Public Works Department has inspected the drainage and street improvements and recommends release of the warranty collateral; 3) The Fossil Creek Meadows Homeowners Association requested a time extension to allow for further consultation concerning the improvements; 4) The developer has fulfilled his obligations under the provisions of the Larimer County Collateral Policy, therefore, the warranty collateral should be released. Staff Recommendation is for Approval of the release of warranty collateral for the Amended Plat of Envelopes H through P, Fossil Creek Meadows First Filing. The collateral to be released is a Certificate of Deposit in the amount of $1,404, plus interest, at Key Bank. Ms. Haag stated that the warranty collateral cannot be required for items not originally agreed upon, and therefore supports the Staff's recommendation for approval..

M O T I O N

Commissioner Disney moved that the Board adopt the Staff Findings and Staff Recommendation and approve the release of warranty collateral for the Amended Plat of Envelopes H through P, Fossil Creek Meadows First Filing.

Motion carried 2 - 1; Commissioner Duvall dissenting

4. ROCKY RIDGE SPORTING AND CONSERVATION CLUB SPECIAL

REVIEW (#93-ZR0242): 10, 11, 12-08-69; SOUTHWEST CORNER OF

THE INTERSECTION OF COUNTY ROAD 15 (WAVERLY ROAD) AND

COUNTY ROAD 60; 1000 ACRES; RE-RURAL ESTATE, O-OPEN ZONING

EXISTING (12-13-93).

This is a request for Rocky Ridge Sporting & Conservation Club Special Review for expansion of hunting club, additional dog kennels, and addition of sporting clay shooting area. Mr. White described the project request, reviewed the major issues and concerns, and noted that the Staff's main concern is focused on the use of the reservoir for the skiing operation, which has the potential for being most incompatible with the residential use due to noise impacts. Mr. White stated that the original recommendation by the Staff was for denial for that portion of the application; however, after placing additional constraints on the condition, the Staff is recommending limited approval. Letters of concern were received from adjacent property owners concerning the proposed uses. Staff Findings are: 1) The proposed use is generally consistent with the County Land Use Plan and the Comprehensive Zoning Resolution; 2) If developed and operated properly, the proposed use will be harmonious with surrounding land uses, and will not affect surrounding land uses or property values in the area; 3) The proposal will not impair the public health, welfare, prosperity, or safety.

The Planning Commission/Staff Recommendation is for Approval of the Rezoning from RE-Rural Estate to O-Open for the Southeast 1/4 of Northeast 1/4 10-08-69, the Site Specific Development Plan, and the Special Review, with the following conditions: 1) No hunting shall occur within 1,000 feet of any existing homes, or within 300 feet of homes constructed after the date of approval; 2) Compliance with Poudre Fire Authority requirements for fire protection and for storage of ammunition; 3) Applicant shall pay an Off-Site Road Fee of $1,436 within 30 days of completion of clay course, and before use of ski courses; 4) No additional signage shall be placed on the property, except for safety purposes. Signs shall be placed on perimeter advising of shooting activity; 5) The use of firearms shall be limited to shotguns; maximum size of shot shall be #7 1/2; 6) The sporting clay course shall be restricted to the SE 1/4 of the NE 1/4 of Section 10 and the SW 1/4 of the NW 1/4 of Section 11; 7) No boarding of dogs, except as an accessory use to the hunting activities; 8) Use of the reservoir shall be limited to hunting, fishing, skiing, and boating by club members and guests; 9) No special events to occur, except those designed for club members, and which are related to the hunting, fishing, shooting, and boating activities proposed by the applicant; 10) A written agreement shall be provided by the property owner, which will allow the County to restore the RE-Rural Estate Zoning at such time as the use proposed in this application ceases; 11) No structures shall be built other than the dog kennel building; 12) All boats using the reservoir shall be well-muffled. Boats exceeding 10 horsepower shall have the following restrictions: a) May not operate before 8 a.m. or after sunset; b) May not operate more than two boats exceeding 10 horsepower, at one time on the lake; c) May not operate south and east of the centerline of the lake; the centerline shall be marked by buoys, and will be defined as a line beginning at the outlet and extending to the northeast corner of Section 11; 13) Approval of the operation shall extend to January 1, 1995; operation beyond that date may continue without further review, if no complaints have been received by the County. If complaints have been received, on any activity, further operation will require renewal of the Special Review by the Planning Commission and County Commissioners; 14) No overnight occupancy, camping, or use of the reservoir shall occur unless approved through the Special Review Process, in accordance with the campground requirements of the Mobile Home Resolution; 15) No RV's, campers, tents, trailers, mobile homes, or other vehicles shall be left on the subject property overnight; 16) Except as modified by the above conditions, all development, operation, and use of the property shall be consistent with Zoning File Exhibit A (Application for Zoning Action dated July 16, 1993 and "Expansion Plans' dated November, 1993).

Discussion followed and questions were raised by the Board regarding ability to enforce these conditions. Mike Moreng, owner and operator of the Rocky Ridge Sporting Conservation Club, addressed the concerns raised regarding enforcement of the rules, stating he will regulate these activities as a hunting preserve operator, has been in business for ten years, and has never received any complaints from any neighbors, nor had any accidents. Mr. Moreng addressed the activities on the reservoir--it is not going to be a general water-skiing reservoir--it will be a very controlled operation. There is a limited number of members and they have to adhere to the rules or they are out. They ran sound tests for the ski course from two locations and they were not above the background noise. Mr. Moreng requested the use of electric motors for fishing from sunrise until after sunset. He raised a concern about the road fees and wondered if he will be guaranteed these fees will be applied to the county road in the area; Commissioner Disney assured Mr. Moreng the fees will be applied to this district.

Mr. Jim Martell, attorney representing Bob and Betty Wood adjacent property owners to this site, indicated opposition to the expansion of the hunting on the property for these reasons: 1) Not consistent with the Comprehensive Plan or recently adopted Larimer County Parks Plan which designates these lakes as important wildlife habitat areas; 2) The RE-Rural Estate Zoning in place was initiated by the people in this area and that is being challenged today; 3) Health and Safety and enforcement of the rules and regulations-the Club office is one mile away and a burden is being placed on surrounding property owners to create a buffer for this use, which is incompatible with the surrounding areas; 4) Effect on property values. Mr. Martell submitted a listing prepared by Mrs. Wood charting the complexity of all the regulations in this particular case. Others voicing their opposition to this request were: Dennis Craig, Mike Christianson, and Larry Stroud citing their concerns of effect on way of life, safety, noise, etc. Mr. Moreng responded that all of these concerns have been heard before and have been addressed; and noted that the concern for open space will be preserved if this request if granted; otherwise, the area could be developed and wildlife would be endangered. Much discussion followed.

M O T I O N

Commissioner Duvall moved that the Board adopt the Staff Findings and Planning Commission/Staff Recommendation and approve the Rocky Ridge Sporting and Conservation Club Special Review, with conditions as outlined; because, in her opinion, the request is consistent with the open space Parks Plan, is compatible with the area, and Mr. Moreng has established himself as a good manager and runs a good operation.

Motion carried 2 - 1; Commissioner Disney dissenting because, in his opinion, the request is inconsistent with the zoning, the land use plan, and Parks Plan.

5. DISCUSSION ITEM NOT ON THE AGENDA--FEE WAIVERS FOR

AFFORDABLE HOUSING:

Discussion ensued regarding a request received for a waiver of fees for the Springfield Court PUD Affordable Housing Project from Mercy Housing, Inc., and Vern Sunset. Ms. Bennett submitted a breakdown of the individual fee waivers requested, which would total $111,941. Ms. Bennett noted that the Parks Board and City of Fort Collins are also involved in this request for waiver of fees, the County does not have a policy for addressing affordable housing, and she requested guidance from the Board how to proceed with responding to the request. Should the County initiate a full-blown policy for fee waivers in general for affordable housing, or should we handle this as part of the application process, or should we try to get input from all the various potentially-involved parties. At present, the Planning Staff does not have a basis for making a recommendation to the Board. Mr. Sunset stated they do not expect a decision from the Board today--they wanted to start the process to see what can be done. It was noted that in Glenwood Springs all fees were waived in a similar request for affordable housing. Mr. Sunset stated that in arranging for financing, there is always the question "What is Larimer County doing to help the project?" The Board directed the Planning Staff to meet with the City of Fort Collins and other agencies about this request in an attempt to arrive at some joint Staff position and also see if there is an opportunity for local match.

The meeting recessed at 10:45 a.m.

 

MEETING REGARDING JUVENILE FACILITY

(#400)

The Board of County Commissioners reconvened at 1:30 p.m. in regular session with Jerry Adamek, Colorado State Director of Youth Services. Chairman Hotchkiss presided; Commissioners Disney and Duvall were present. Also present were: Larry Grauberger, Regional Director Northeast Division of Youth Services; Bob Sutherland, Director of Facilities for the Department of Institutions; Paul Cooper, Community Corrections Director; Brent Nittmann, Youth Services Bureau Program Manager; Sheriff Richard Shockley; Stu VanMeveren, District Attorney; Larry Abrahamson, Chief Deputy DA; Dick Anderson, Facilities Manager; and Bill Gordon, County Administrator. Recording Clerk, S. Graves.

Preliminary discussion was held regarding the possibility of building a juvenile detention facility in Larimer County. Mr. Adamek stated that this Fall's special session earmarked about $21 million to be used for capital construction projects related to youth violence and a plan is due by January 31,1994 to the General Assembly on how the State plans to use the money. Mr. Adamek recounted the high incidence of youth violence and crime within the State and noted that after looking at the growth patterns, there are two areas of the State which need a juvenile facility--Arapahoe County and this part of the State. Mr. Adamek stated that currently the State's detention centers are 170% of capacity and the jails are at 140%.

The purpose of today's meeting is to ascertain Larimer County's interest for a cooperative effort in constructing a 60-to-80 bed juvenile detention facility. Another option discussed, and being considered by the State, was privatization for services to meet juvenile detention needs; Mr. Adamek noted that there is a great interest by the Legislator favoring privitization. The site being considered in Larimer County is the approximate seven acres adjacent to the Detention Center; it was noted that there is available parking, utilities, and other amenities already available at this location. If the regional juvenile center is built in Fort Collins, it would hold youth from Larimer, Morgan, Weld, and possibly Boulder Counties. Mr. Cooper advised the Board that two significant issues to consider are the facility would be a much larger operation than originally discussed and if the contract between the County and State are eliminated in the future and privatization occurs, would there be a problem considering the facility is on County land next to the Detention Center. It was noted that the State's responsibility would be for operation and programming; the Sheriff's responsibility would be limited to transportation and drop off of juveniles. Mr. Adamek noted that a private vendor from Greeley has also expressed interest in building a juvenile detention center adjacent to I-25. Mr. Abrhamson stated that the County also needs to look at a staff secure facility along with this detention facility and wondered if there could be a coordinated effort in the designing and building of this facility. Chairman Hotchkiss indicated that this Board would be interested in providing land in exchange for the State building a Juvenile Detention Program at our Facility. Commissioner Duvall stated that the Board would like a partnership that looks at our whole continuum; Mr. Adamek noted they would support it, and Commissioner Disney heartily agreed.

The meeting recessed at 2:40 p.m..

PUBLIC HEARING REGARDING COMMUNICATION TOWER

(#401, #402, #403, #404, #406)

The Board of County Commissioners reconvened at 4:30 p.m. for a Public Hearing regarding the Communication Tower. Chairman Hotchkiss presided; Commissioners Disney and Duvall were present. Also present were: Jerry White, Zoning Administrator; John Barnett, Director of Planning; Jerry Blehm, Environmental Health; Jeannine Haag, Assistant County Attorney; and Bill Gordon, County Administrator. Recording Clerk, S. Graves.

KWXU-TV CHANNEL 22 SPECIAL REVIEW (#93-ZR0307): 27-09-70;

TWO MILES SOUTH-SOUTHWEST OF BONNER PEAK AND 3 1/2 MILES

NORTHWEST OF TED'S PLACE; 1 ACRE; 1 LOT; O-OPEN ZONING (12-13-93)

This is a request for Special Review to construct and operate a communication facility with a combined height of tower and antenna at 198 1/2 feet. Mr. White described the project and reviewed the major concerns and issues, noting that visual impact is the major focus of concern. In reviewing conformance with the Zoning Resolution, Mr. White pointed out that the Zoning Resolution states: "... A Special Review request use shall be denied if it is found by the Board of County Commissioners that it is probable the proposed use will be contrary to the public interest by being a nuisance, or otherwise by being dangerous, detrimental or injurious to nearby residents, properties, or businesses..." Staff Findings include: 1) The proposal complies with the intent and purposes of the Zoning Resolution and the County Land Use Plan; 2) The proposal is generally harmonious with the surrounding neighborhood, which includes public lands on three sides; the nearest residence is about one mile from the tower site; 3) The proposal may impact the property values of one or more of the dwellings nearest the tower site. Other property values will not be affected; 4) Except as noted above, the proposal will not affect the surrounding areas; 5) The proposal will not impair the public health, welfare, prosperity, or safety; 6) No objections to the proposed use have been stated by reviewing agencies; 7) The proposed timetable calls for completion of the facility by April 1994; 8) All procedural requirements for reviewing this Special Review application have been complied with. The Planning Commission heard this request for Special Review on November 17, 1993 and voted three for and three against the tower. The Staff Recommendation is for Approval of the Special Review for a communication facility, with fifteen conditions.

It was noted that as required by the present Zoning Resolution, KDVR placed $10,000 in a County fund to be used for an independent consultant and D.L. Markley & Associates was selected by a citizen's selection committee. Mr. Markley addressed the Board with his findings: "The proposed facility would appear to fully comply with acceptable standards of good engineering practice, and would comply with the FCC's Rules and Regulations and EPA requirements concerning licensing criteria and environmental hazards. The only negative impact proposed by the proposed facility is the fact that there will be a tower which will be visible in the surrounding area. However, it appears that the applicant has made every effort to make the visual impact of that tower as insignificant as possible..."

Lucia Liley, attorney for the applicant, made a few preliminary comments and noted that this proposal is not an unique request, towers are a part of every community and the applicant has made an exhaustive effort to minimize the visual impact. Ms. Liley introduced the following experts to present their findings: Fred Baumgartner, KDVR-TV Broadcast Engineer (A television monitor needs to be on a mountain and there is no better location in Larimer County for a monitor); Craig Taggert, EDAW Senior Associate addressed visual impacts (site planning and scenery analysis were done to minimize disturbance and visibility - he presented photo simulations and summarized that there will be no visual impact beyond 6 miles and the proposed tower will only impact four property owners); Michael Earley, licensed real estate appraiser, performed a graphical real estate analysis and statistical analysis and concluded that the tower will not lower property values; Joan Golden, KDVR Public Affairs Director, cited all the community service the station contributes; Phil Wadas, Gemini Communications, stated that this is not a large tower and will not have lights. Ms. Liley submitted petitions signed by hundreds of residents in favor of the tower and presented the results of a telephone poll by Quantum Research Services, Inc., noting that 71.4% of those polled were not in opposition to the tower. Ms. Liley summarized the information presented regarding the radio frequency radiation noting that the applicant has agreed to limit the RFR's to fall within the Russian standards, which are .0006 of the ANSI Standards; the applicant will commit to an annual monitoring system, and will agree to lowering the tower to 159 feet. Ms. Liley summarized the major changes, or concessions of the applicant, from the original application. Mr. Rod Bacon, Vice President and General Manager of KDVR-TV submitted a listing of the public benefits of the Fort Collins Television KFCT-TV and reiterated that the site selected is the best possible site in Larimer County for a TV monitor.

Bill Wyatt, attorney representing the Bonner Peak Residents in opposition to the tower, cited again the special clause in the Zoning Resolution regarding the tower being harmonious with the surrounding neighborhood and its effect on health and safety. Mr. Wyatt asked the Board to place themselves inside the homes of these residents and reminded the Board that the question is, "Do you approve a tower, not what kind of tower do you approve?" Mr. Wyatt requested the following Bonner Peak residents to present their concerns and issues regarding health, safety, creation of the beginning of a tower farm in the future, compatibility, obsoleteness of tower in near future, etc.: Doug Caitlin, Jacque Rainer, Linda Stanley, Julie McMahon, Phil Kearney, John Tsiahart, Dr. James West, Harold Kaufman, and Mrs. Patrice Bergland.

At this time, Chairman Hotchkiss opened the public hearing to the approximately 150 members of the audience to present their opinions, pro and con, regarding the tower. After hearing lengthy testimony from sixteen persons, brief rebuttals were given by Ms. Liley and Mr. Wyatt. Commissioner Duvall expressed appreciation to everyone for preparing for and attending the hearing, and recognized that the proponents have tried to address the concerns. Commissioner Duvall further commented on the precedential effect of the decision in this matter and expressed concern that a favorable ruling in this case would be used by other tower promoters as grounds for future approvals. Commissioner Disney stated that the tower would not be in harmony with the neighborhood and Chairman Hotchkiss stated that it is a judgment call and the wishes and needs of the community are for denial.

M O T I O N

Commissioner Duvall moved that the Board deny the KWXU-TV Channel 22 Special Review.

Motion carried 3 - 0.

The meeting adjourned at 11:20 p.m.

TUESDAY, DECEMBER 14, 1993

COMMUNITY CORRECTIONS QUARTERLY MEETING

(#407)

The Board of County Commissioners met at 9:30 a.m. in regular session with Paul Cooper, Director of Community Corrections. Chairman Hotchkiss presided; Commissioners Disney and Duvall were present. Also present were: Steve Schapanski, Chairman Community Corrections Advisory Board; Dick Anderson, Facilities Manager; and Bill Gordon, County Administrator. Recording Clerk, S. Graves.

1. Bylaw Revisions: Subsequent to the revision of the Community Corrections Statute, discussion was held regarding the modified Bylaws prepared by the Advisory Board. One area of concern is the exclusion of the word Advisory in the name of the Board and the conflict regarding the authority to contract. Mr. Schapanski requested a letter from the County Attorney, stating that these Bylaws conform with the Statute; Mr. Gordon will discuss this matter further with the County Attorney

2. Real Estate Purchase: Mr. Cooper reported that the purchase of the New Beginnings Facility is not going to happen; Larimer County had a verbal agreement for purchase and details were being finalized. Friday he received a call stating they had received a cash offer and were not accepting our contract.

3. Juvenile Transportation Costs: Mr. Cooper reported that the County will receive a total of $10,386 from the Division of Youth Services in 1993 to supplement Family Emergency Team activities as they relate to Juvenile Jail Removal. This year, payments to date total $10,443, and they are now using County funds for this purpose. Mr. Cooper noted that YSB's operating budget can absorb the excess this year, but 1994's budget has little flexibility; therefore, optional income sources need to be explored.

4. Financial Statement: Mr. Cooper reported that the '93 carry-over will be used for salary increases in 1994 and the Community Corrections Budget in 1994 will be tight.

M O T I O N

Commissioner Disney moved that the Board go into Executive Session at 10:05 a.m. to discuss a personnel matter.

Motion carried 3 - 0.

The meeting recessed at 10:35 a.m.; no action taken.

FINANCE QUARTERLY MEETING

(#407 @ 1800)

The Board of County Commissioners reconvened at 10:40 a.m. with Dana Klausmeyer, Controller. Chairman Hotchkiss presided; Commissioners Disney and Duvall were present. Also present were Mike Burch, Risk Manager, and Bill Gordon, County Administrator. Recording Clerk, S. Graves.

1. DISCUSSION REGARDING OPS WORKERS' COMP 390.2A: Mr. Burch presented a written policy for the administration of the Colorado Workers' Compensation Act for Larimer County Government and requested Board approval. Mr. Burch stated that the document has been through a multi-step draft and review process involving all County Department Heads, Division Directors and Elected Officials. There are six changes proposed in the document: 1) Employees may no longer use Sick Leave in order to be paid in conjunction with work comp pay benefits; 2) Employees may not use Vacation Leave in order to be paid in conjunction with work comp pay benefits; 3) Employees may not use any other form of paid leave in conjunction with work comp pay benefits; 4) Employees who are off work due to a compensable work related injury or illness will continue to accrue Sick Leave at their regular rate of accrual; 5) Employees who are off work due to a compensable work related injury or illness will continue to accrue Vacation Leave at their regular rate of accrual; 6) Employees whose Temporary Total Disability rate is limited by the Maximum Weekly Benefit will be allowed to use time from any paid leave balance, which they may have accumulated, to make up the difference between Maximum Weekly Benefit and two-thirds of their average weekly wage.

 

M O T I O N

Commissioner Disney moved that the Board adopt and approve the Larimer County Administrative Operative Procedure 390.2A for Workers' Compensation, as recommended by Mr. Burch, and authorize the Chairman to sign same.

Motion carried 3 - 0.

2. DISCUSSION REGARDING OPS CASH POLICY 320.4K: Ms. Klausmeyer noted that the Finance Department currently has nine policies in the County's Operating Procedure Manual; as these policies become due for annual review, the policies are being routed to departments for comments and suggestions. Today, Ms. Klausmeyer presented the revised OPS Cash Policy 320.4K and requested Board approval. The purpose of the Cash Policy is to establish uniform procedures for establishing, administering, and monitoring petty cash, change funds, and checking accounts located in County departments. The recommendation of the Finance Department is that the maximum amount expended from petty cash remain at $50. Several years ago, the upper limit on petty cash was raised from $25 to $50 and the minimum amount on cash advances was lowered from $100 to $50. Raising the limit more would greatly increase the amount of petty cash funds held in individual departments, as well as increase the potential for abuse. However, there are circumstances when an exception to the maximum should be granted; therefore, in the revised draft is a process for exceptions.

M O T I O N

Commissioner Duvall moved that the Board adopt the Revised OPS Cash Policy 320.4K, as recommended by Ms. Klausmeyer and the Finance Department.

Motion carried 3 - 0.

3. DISCUSSION OF AUDITOR'S QUARTERLY REPORTS: Ms. Klausmeyer stated that rather than have the Auditors come to the Board quarterly and give their reports, the Finance Department has requested the Auditors to submit their reports in writing. If the Board wishes to meet with them individually to discuss a particular matter, they will be happy to do so at any time. Ms. Klausmeyer reviewed the Quarterly Audit Report submitted on December 9, 1993.

4. DISCUSSION ITEM: Commissioner Duvall asked about Jack Ewing leaving the Hunt, Spillman & Associates Firm. As Mr. Ewing was the senior partner experienced in government auditing and the computer expert, Commissioner Duvall wondered if the Board should re-evaluate their position and contract and questioned the legality of the auditing contract since the principals in the Firm have changed. This matter will be discussed with the County Attorney during Legal Matters tomorrow.

5. ENGAGEMENT LETTER: Ms. Klausmeyer has received the Engagement Letter for the 1993 Audit from Hunt, Spillman & Asssociates and will request Board approval when a determination is made regarding the above discussion item.

The meeting recessed at 11:30 a.m.

PERSONNEL STANDING MEETING

(#398 @ 1000)

The Board of County Commissioners reconvened at 2:00 p.m. in regular session with Ralph Jacobs, Personnel Director. Chairman Hotchkiss presided; Commissioners Disney and Duvall were present. Also present were: Jodi Boatright, Personnel Office Supervisor; Patrice Luehring, Buyer II; and Bill Gordon, County Administrator. Recording Clerk, S. Graves.

1. INCLEMENT WEATHER POLICY: Mr. Jacobs recently sent a Memo requesting all Elected Officials, Department and Division Directors to comment on issues pertinent to the inclement-weather leave policies. Their responses indicated that the primary purpose of the inclement weather leave were for: 1) Employee safety and convenience and 2) Concern for Public Safety. Mr. Jacobs summarized the following categories in the revised draft policy: 1) Employees Required to Report for Duty; 2) Compensation; 3) Substitution of Leave; and 4) Release Time. Mr. Jacobs stated that when new employees are hired in the Fleet Management and Road and Bridge Departments, and the Deputy District Attorney's, they are informed that they are essential personnel and required to work during inclement weather. After discussion of the revisions under each category, Mr. Jacobs requested Board approval of the Revised Inclement Weather Policy. Mr. Jacobs noted that these policy changes have been discussed with the other elected officials.

M O T I O N

Commissioner Disney moved that the Board adopt the Revised Inclement Weather Policy, Section 410 (A, B, C, D, and E), as recommended by Mr. Jacobs.

Motion carried 3 - 0.

Commissioner Disney suggested that these revisions be discussed with the Larimer County Employees at the next Employee Meeting; which, after discussion, will be scheduled during the lunch hour and at 5:45 p.m., date still undecided.

2. EMPLOYEE RECOGNITION PROGRAM: Ms. Boatright reported that the Employee Recognition Committee is recommending Board approval of three options for each employee eligible for an award: 1) Choose to use the catalog containing a range of award choices from which the employee may select; 2) Choose a gift certificate to a local restaurant; 3) Choose an engraved item to be presented at the award event. The years of service increments will continue to be 5, 10, 15 years and so on at 5-year intervals. Mr. Jacobs stated that the '94 budget was set to purchase only awards for 1993; the money for 1993 has not been spent; therefore, Mr. Jacobs requested Board approval for $4,000 of the 1993 budget to be carried forward to the 1994 budget and the '92 & '93 recognition awards will be presented at the same time. CONSENSUS OF THE BOARD was to approve the Employee Recognition Committee recommendations for employee awards, and authorized Mr. Jacobs to inform the Budget Manager to transfer $4,000 from the '93 budget to the '94 budget for these awards. Commissioner Duvall suggested that next year a big party be planned to honor Chairman Hotchkiss for his sixteen years of service to Larimer County, and to present employee awards at that time also.

The meeting recessed at 3:05 p.m.

MEETING WITH LARIMER COUNTY HOUSING AUTHORITY BOARD

AND HUMAN DEVELOPMENT DEPARTMENT

(#408)

The Board of County Commissioners reconvened at 3:10 p.m. in regular session. Chairman Hotchkiss presided; Commissioners Disney and Duvall were present. Also present were: Director Rena Mackrill, Carol Gillespie, and Lani VanEck of Human Development; and Chris Zell, Lauren Hansen, Jan Erickson, and Gary Hageman and the Larimer County Housing Authority Board; and Bill Gordon, County Administrator. Recording Clerk, S. Graves.

Lengthy discussion ensued regarding the role of the Larimer County Housing Authority Board in conjunction with the Human Development Department and whether or not the Housing Board should become independent from Larimer County. The Housing Authority Board requested direction and commitment from the Board as to what is expected from them; the present Housing Board is so frustrated they are at the point of resigning and if the commitment for time and money aren't there, they are wondering why they exist. Mr. Zell stated they are not trying to build a new bureaucracy, they want to make it streamlined and become more efficient. Mr. Zell noted that the County would have to support the Housing Authority by umbilical cord for probably three years, at least with Staff, before they become totally independent. Mr. Zell stated that they need to do some research on structure for an independent Housing Authority Board and determine how much support the County will give. Mr. Hageman asked about the issuance of insured municipal bonds as a source of revenue. Commissioner Disney asked what would happen if the County didn't have a Housing Authority; Ms. Gillespie stated that the only Larimer County program currently requiring a housing authority for operation is the HUD Section 8 Certificate Program and this program is down-sizing nationally. However, Ms. Gillespie stated that the energy the volunteers bring to the Housing Authority Board is of great value.

Commissioner Duvall noted that we are in a new era under Amendment #1; she requested input from the Housing Authority Board to address the problems of migrant housing, whether or not the Board should allow fee waivers for affordable housing projects, and exploring the possibility and structure for an independent Housing Authority Board. Mr. Hageman replied the Board would be happy to help with these three things, if the Board will help the Housing Authority Board raise money. Commissioner Duvall stated she would be open to innovative ideas and expressed appreciation to the volunteers and supports the idea of affordable housing. Ms. Mackrill stated that this has been a hard-working committee and she appreciates the members as individuals; however, she stated that she has no objection to the Housing Authority becoming independent.

The meeting adjourned at 4:40 p.m.

WEDNESDAY, DECEMBER 15, 1993

ADMINISTRATIVE MATTERS

(#410)

The Board of County Commissioners met at 9:30 a.m. in regular session with Bill Gordon, County Administrator. Chairman Hotchkiss presided; Commissioners Disney was present. Also present were: Rena Mackrill, Director Human Development; Joannie Schlueter, and Susan Szymanski, Grants Manager Human Development Department; Laurel Kubin, Director Extension Service; and Stan Everitt, Quality of Life Indicator Project Spokesman. Recording Clerk, S. Graves.

1. REQUEST FOR APPROVAL OF THE RECOMMENDED ALLOCATIONS FOR 1994 HUMAN RESOURCE FUNDING: Ms. Szymanski submitted the proposed 1994 Human Resource Funding Grant Program Allocations and requested Board approval. Several of the differences from last year were discussed.

M O T I O N

Commissioner Disney moved that the Board approve the proposed 1994 Human Resource Funding Grant Program Allocations, as recommended by the Human Resource Committee.

Motion carried 2 - 0.

2. REQUEST FOR APPROVAL OF RE-DIRECTION OF AN .5 FTE EXTENSION POSITION: Ms. Kubin reported that Steve Johnson, Ag. Marketing Agent, has resigned effective December 31, 1993. Morgan Community College's contribution to this position has been withdrawn due to Amendment #1 shortfall funding. Ms. Kubin requested Board approval to re-direct this position to a .5 FTE Youth Development position to augment the growing tradition and non-traditional 4-H program.

 

M O T I O N

Commissioner Disney moved that the Board approve the request to re-direct an .5 FTE position to the Youth Development position, as recommended by the Extension Advisory Committee, Extension Staff, and County Director Laurel Kubin.

Motion carried 2 - 0.

At this time, Commissioner Duvall joined the meeting.

3. REQUEST FOR APPROVAL OF A PORTION OF FUNDING FOR THE QUALITY OF LIFE INDICATORS PROJECT: This item was discussed in previous meetings and Mr. Everitt was requested to appear before the Board today in person to answer questions and describe in more detail the Quality of Life Indicators Booklet. Mr. Everitt has requested $2,000 from the County for printing, distribution, and financing of the first edition. Mr. Everitt described the benefit of this booklet for the County and noted that it will become a valuable tool in assessing the present to better plan for the future. Ms. Mackrill stated that the Health and Human Services Council is very supportive of this project. The Board requested that the name of the booklet be changed from the Fort Collins Quality of Life Indicators to the Larimer County and Fort Collins Quality of Life Indicators. Mr. Everitt stated he would make this suggestion to his Committee. Also, Commissioner Duvall requested that additional benchmarks, especially in the Health and Human Services area, be included in the booklet; Mr. Everitt requested Ms. Duvall to compile a specific list of benchmarks for him.

M O T I O N

Commissioner Duvall moved that the Board approve the request for $2,000 for the printing of the Larimer County and Fort Collins Quality of Life Indicators Booklet; monies to be derived from the 1993 Commissioners' Special Projects Fund, contingent upon the other agencies also approving the request.

Motion carried 3 - 0.

4. WORKSESSION:

-- A request has been received from Jane Uitti for information concerning the IV-E Funds; Mr. Keasling, Social Services Director, recommended the Board approve his recommended response to the request. The Board concurred with the proposed response.

-- The Board has been invited to attend a Senior Chuckwagon Christmas Dinner on December 21, 1993; the dinner will be served at nine sites. Mr. Gordon will respond that each of the Board Members will endeavor to attend one of the dinners, but they do have a very tight schedule of meetings on that day.

5. COMMISSIONER'S REPORTS:

-- Commissioner Disney stated that in view of the defeat of the Tourism Tax in the last election, he suggested that maybe an information fact sheet about Larimer County be included as a mail insert from different agencies. Commissioner Disney will work with Ms. Hart on this suggestion.

-- Commissioner Duvall described the Black-footed Ferret and Prairie Dog Management Program supported by the Ag Game and Fish Committee; this Program provides money to farmers and ranchers to keep ferret and prairie dog colonies healthy, alive and well on their farms and ranches. Discussion followed concerning which Staff person in the County should become involved in this Program and attend the January 25th meeting in Denver. The Board decided that the Extension Service should be the agency involved and information regarding this matter will be forwarded to Ms. Kubin.

-- Chairman Hotchkiss reported he attended the Northeast Business Association (NEBA) Meeting this morning. Rex Burns, Special Improvement District Administrator, discussed the need for a complete drainage study of Dry Creek and all the attendees were very enthusiastic.

At this time, George Hass, County Attorney, and Dana Klausmeyer, Controller, joined the meeting for Legal Matters.

1. Following the discussion yesterday regarding the resignation of Jack Ewing, one of the partners in the Hunt, Spillman & Associates Firm, concerning the legality of our auditing contract with them, Mr. Hass stated that the agreement is with the three partners and when there is a breakup, there is a new entity. In the meantime, Ms. Klausmeyer has the Engagement Letter from Hunt, Spillman & Associates for the 1993 Audit for the Board to approve. Ms. Klausmeyer noted that the '93 audit has started and to go out for bid at this time for a new auditor, would probably mean that deadlines for financial documents for the County would not be met; therefore, she recommended the Board sign the Engagement Letter today for the '93 Audit. The Board will need to meet with the principals to resolve this matter before beginning the 1994 Audit.

M O T I O N

Commissioner Disney moved that the Board approve the Engagement Letter from Hunt, Spillman & Associates, P.C. for the Larimer County 1993 Audit, and authorize the Chairman to sign same.

Motion carried 3 - 0.

 

2. The question was raised regarding serving liquor at a County facility, such as the Fairgrounds; the suggestion was made for the Board to draft a resolution prohibiting it. The Board will take this matter under advisement and Commissioner Disney will discuss it with the Fair Board.

6. DOCUMENT REVIEW: The following documents, of a routine nature, were considered by the Board:

M O T I O N

Commissioner Disney moved that the Board approve the Minutes for the week of December 6, 1993, and the Agenda for the week of December 20, 1993, as submitted.

Motion carried 3 - 0.

M O T I O N

Commissioner Disney moved that the Board approve the following miscellaneous documents: Amended Weiss Exemption and Boundary Line Adjustment; Amended Ahrens Exemption and Boundary Line Adjustment; Certification of Project Completion Forms for '91 CDBG Contract #C851619 for Children's Clinic and '90 CDBG Contract #C850736 Rehabilitation Grant; Certification of Tax Levies for Imperial Estates, Pinewood Springs, Carriage Hills, Shideler, Namaqua Hills, Homestead; Meadowdale Hills, Red Feather Lakes, Little Valley Road, and Arapahoe Pines; and a Plat for Horseshoe East Subdivision.

Motion carried 3 - 0.

LIQUOR LICENSES: County Approval was granted to Fort Medina - 3.2% - Loveland, CO., and Cloverleaf Kennel Club - 6% - Loveland, CO.

M O T I O N

Commissioner Disney moved that the Board approve the following documents:

A93-185 LETTER OF AGREEMENT WITH THE BOARD OF COUNTY

COMMISSIONERS AND THE UNION PACIFIC RAILROAD

(Reconstruction of County Road 11 - Project #180)

A93-186 AGREEMENT CONCERNING ROAD IMPROVEMENTS ON

COUNTY ROAD 11 BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND BILLY H. AND WILMA J. BREWER

 

A93-187 AGREEMENT CONCERNING ROAD IMPROVEMENTS ON

COUNTY ROAD 11 BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND ROBERT L. AND NEVA J. SHANNON

C93-65 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND MOUNTAIN CONSTRUCTORS, INC.

(Replacement of Bridge No. 21-0.4-70 over the Munroe Gravity

Canal - Project #179)

D93-22 QUIT CLAIM DEED TO ALAN MANES MACHINE, INC.

(Purchase of 363 Jefferson Street from Larimer County)

R93-185s FINDINGS AND RESOLUTION CONCERNING THE VACATION

OF EXISTING UTILITY EASEMENT AND DEDICATION OF

NEW UTILITY EASEMENT IN COUNTRYSIDE PARK III

SUBDIVISION

R93-186z SPECIAL REVIEW FINDINGS AND RESOLUTION CONCERNING

THE PETITION OF CROSSHEART EQUESTRIAN CENTER

R93-187z REZONING AND SPECIAL REVIEW FINDINGS AND RESOLUTION

CONCERNING THE PETITION OF DOUBLE L. RANCH

R93-188s RESOLUTION REGARDING RELEASE OF COLLATERAL FOR

MILES MRD - #S-115-92

R93-189s RESOLUTION REGARDING RELEASE OF COLLATERAL FOR

MANOR RIDGE ESTATES SECOND FILING

Motion carried 3 - 0.

The meeting recessed at 11:10 a.m.

PUBLIC HEARING REGARDING EXTENSION OF THE WEED DISTRICT

(#411)

The Board of County Commissioners reconvened at 1:30 p.m. for a Public Hearing regarding the Extension of the Weed District with Loyd Berry, Agronomist. Chairman Hotchkiss presided; Commissioners Disney and Duvall were present. Also present were: Frank Lancaster, Director of Natural Resources and Bill Gordon, County Administrator. Recording Clerk, S. Graves.

Mr. Lancaster presented a petition from the Weed Control Advisory Committee recommending the Board extend the termination date of the Larimer County Weed Control District until December 31, 1998, noting that this action is essential due to the passage of Sec. 35-5-104(7) CRS which mandates a state wide weed control program. Commissioner Disney asked about extending the boundaries of the Weed District to include Estes Park; Mr. Berry responded that if the boundaries were extended, the present district would become county wide and the present district abandoned, we would lose Federal funding and future funding would be derived from the County General Fund.

M O T I O N

Commissioner Duvall moved that the Board approve the extension of the termination date of the Larimer County Weed Control District until December 31, 1998, as recommended by the Weed Control Advisory Committee.

Motion carried 3 - 0.

The meeting recessed at 1:50 p.m.

ABATEMENT HEARINGS

(#411 @ 775)

The Board of County Commissioners reconvened at 2:30 p.m. and 3:00 p.m. to consider two petitions for abatement. Chairman Hotchkiss presided; Commissioners Disney and Duvall were present. Also present were: Carla Cowling, Senior Appraiser, and Bill Gordon, County Administrator. Recording Clerk, S. Graves.

1. J.J. ENTERPRISES/JERRY H. JOHNSON: The petitioner, Jerry Johnson, was present for today's hearing and stated that his accountant neglected to file the proper papers on time; therefore, the County went to a comparable business and assessed him accordingly. In the meantime, J.J. Enterprises was audited and indicated taxes due should be $43 rather than $315.10, but the time had lapsed for filing the papers. Ms. Cowling stated that the Assessor recommends denial of this petition because the proper information was not received in time for the 1992 declaration; however, as a result of the audit by the Assessor's Office, the value has been lowered for this personal property.

M O T I O N

Commissioner Disney moved that the Board deny the Petition for Abatement for J.J. Enterprises/Jerry H. Johnson, as recommended by Ms. Cowling and the Assessor's Office.

Motion carried 3 - 0.

2. JOHN H. AND SHARON L. GRINER: The petitioner, John Griner, was present for today's hearing and stated that he did not file a formal protest; he came to the Assessor's Office to ask a question about the difference in classifications for residential and agriculture land. Information was entered on the computer and considered a formal protest. Mr. Griner requested the Board to order a change in procedure in the Assessor's Office--the taxpayer should be asked if he is filing a formal protest and required to sign a form indicating same; thereby, insuring this misunderstanding will not happen again. Ms. Cowling stated that the Assessor is recommending partial approval of the abatement for 1991; a valid grazing lease has been submitted and the parcel will be returned to an agricultural status. However, for 1992 the Assessor recommends denial as the parcel was formally protested and according to Statute, "...no abatement shall be made based upon

the ground of errors in valuation if such valuation has been protested or appealed..."

M O T I O N

Commissioner Duvall moved that the Board over-rule the recommendation of the Assessor and approve the Petition for Abatement and Refund of Taxes for a full refund for 1991 and 1992 for John H. and Sharon L. Griner and recommended that the procedure be changed in the Assessor's Office such that the petitioner has to sign a waiver of their right to protest or sign a commitment stating they are making a formal protest.

Motion carried 3 - 0.

The meeting adjourned at 3:25 p.m.

 

 

_______________________________________

COURTLYN W. HOTCHKISS, CHAIRMAN

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

 

 

 

______________________________________

Sherry E. Graves, Deputy County Clerk

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.