PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, NOVEMBER 7, 1994

SUBDIVISIONS

(#150)

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

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

1. ARAPAHO RIDGE STREET NAME (#94-OSO584): 05-11-70; FOUR MILES

NORTHEAST OF HIGHWAY 287 ON THE RED MOUNTAIN/GRANITE

CANYON ROAD; O-OPEN ZONING (11-07-94)

This is a request to name three unnamed roads in an area developed as 35-acre parcels. Staff Findings include: 1) The request to name three unnamed roads in northern Larimer County was reviewed by the appropriate utility and service providers in this area; 2) The proposed road names do not duplicate any existing road names in this part of the county; 3) Naming access roads to developed areas facilitates emergency access as well as deliveries and other activities which require finding a specific address. The Staff Recommendation is for approval of the proposed road names Sundance Drive, Timber Trail and Arapaho Ridge Road.

2. MEADOWDALE HILLS, AMENDED PLAT OF LOTS 48, 49 AND 50

(#94-SA0585): 34-05-72; ON POLE HILL ROAD, SOUTH OF ESTES

PARK; 3.66 ACRES; 2 LOTS; O-OPEN ZONING (11-07-94).

This is a request to reconfigure three lots resulting in two building sites. Staff Findings are: 1) Meadowdale Hills was approved in 1969; 2) The lots in Meadowdale Hills are non-conforming with respect to the minimum lot size (ten acres) required in the O-Open Zoning District; 3) Approval of this Amended Plat will result in a decrease in the number of non-conforming building sites in this area; 4) The County Health and Engineering Departments and all utilities serving this area reviewed the proposed Amended Plat and stated no objections. The Staff Recommendation is for approval of the Amended Plat of Lots 48, 49 and 50, Meadowdale Hills.

3. KORAL HEIGHTS, FIRST ADDITION, AMENDED PLAT OF LOTS 11

AND 13 (#94-SA0586): 31-05-72; ON PROSPECT MOUNTAIN ROAD,

SOUTH OF ESTES PARK; 2.21 ACRES; 1 LOT; E-ESTATE ZONING

(11-07-94).

This is a request to combine two existing lots. Staff Findings include: 1) Koral Heights First Addition was approved in 1969; 2) The intent of this application is to combine two existing lots into a single building site; 3) The County Health and Engineering Departments and all utilities serving this area reviewed the proposed Amended Plat and stated no objections. The Staff Recommendation is for approval of the Amended Plat of Lots 11 and 13, Koral Heights, First Addition.

M O T I O N

Commissioner Hotchkiss moved that the Board adopt the Staff Findings and Staff Recommendations and approve the Arapaho Ridge Street Name (#94-OSO0584); Meadowdale Hills, Amended Plat of Lots 48, 49 and 50 (#94-SA0585); and the Koral Heights, First Addition, Amended Plat of Lots 11 and 13 (#94-SA0586); each, as described above.

Motion carried 3 - 0.

4. SAULCY MINOR RESIDENTIAL DEVELOPMENT (#94-SA0586):

SE 1/4, 29-05-68; THE ENTIRE 1/4 SECTION AT THE NORTHWEST

CORNER OF COUNTY ROAD 9 AND COUNTY ROAD 16; 160

ACRES; 4 LOTS; FA-FARMING ZONING (11-07-94).

This is a request for Minor Residential Development to divide 160 acres into 4 lots of 2.3 acres, 14.7 acres, and 140 acres. There are existing dwellings on all but the 140 acre lot. An appeal was granted on May 16, 1994 to allow this application to be processed. Mr. Kadera presented a map of the area and reviewed the major concerns and issues, noting that the major concern is the access to the site which comes off a paved county road. Staff Findings are: 1) An appeal was granted by the Board of County Commissioners to allow the request for a Minor Residential Development on this site to be processed; 2) Three single family dwellings currently exist on this site. Each dwelling will be on a separate lot and one additional lot will be created by this request.; 3) Utilities and access are available to this site; 4) The County Health and Engineering Departments have reviewed this request and their comments are included in this report. Concerns expressed by these departments have been addressed by the applicant or by conditions of approval; 5) The application includes a request for a variance from the requirement to pave the access road. The Engineering Department supports this request with the condition that the first 50 feet of the access road be paved; 6) Approval of the Saulcy Minor Residential Development, with the following conditions, will not result in any significant negative impacts on surrounding properties, utility services, transportation facilities or the natural environment.

The Staff Recommendation is for approval of the variance from the requirement that the access road be paved with the condition that the applicant pave the first 50 feet of the access road - this improvement shall be completed before the Final Plat is recorded; and approval of the Saulcy Minor Residential Development, with the following conditions: 1) The Final Plat for the Saulcy Minor Residential Development shall be completed in strict conformance with this conditional approval; 2) Prior to recording the Final Plat, the applicant shall demonstrate that all concerns of the Little Thompson Water District have been addressed; 3) The Final Plat shall include an easement for the Conners Lateral irrigation ditch; 4) The applicant shall submit plans for the improvements to the access road, which are subject to the review and approval of the County Engineer and the Loveland Rural Fire Prevention District. The road improvements shall be completed before the Final Plat is recorded; 5) The following notes shall appear on the Final Plat: a) Engineered foundation plans shall be required for all construction on this site; b) Larimer County Park Fees shall be collected when a building permit is issued for a single family dwelling on Lot 4; c) The results of a radon test shall be submitted to the Planning Division before a Certificate of Occupancy is issued for any new residential structure on this site; d) Larimer County Fire Safety Standards shall be met for any structure on Lot 4.

In response to questions from the Board, Mr. Grossmann stated that the three existing dwellings have legal septic permits and the applicant has addressed his department's concerns. Mr. Burns noted that the applicant has agreed to the Engineering Department's request for a dedicated public right-of-way for the public access road through the three lots. Commissioner Disney asked why school and road impact fees are not being required in the conditions; Mr. Kadera noted this requirement can be added to the conditions. Joe Fonfara, representing the applicant Ms. Saulcy, noted that she basically concurs with all the conditions and requirements and informed the Board that the request for today is an attempt to make legal what already exists and there is not any intention to make any changes. Marty Glomb, applicant, reviewed the history of the site as to when the houses were built and the septic systems were legally installed. Jerry Kelly and Jo Ann Kreager, adjacent property owners, questioned the Board and expressed their concerns of maintaining the existing rural atmosphere, not cutting down the trees along the road to widen the road, and wondered if more than one house will be built on the 140 acre lot. Mr. Kadera responded that a condition could be added that no more than one house can be built on the 140 acres unless the applicant goes through the subdivision review process and Mr. Fonfara stated that the trees will not be removed. Don Haggerty, nearest property owner, stated for the record that he has no objection to this request. Much discussion followed.


M O T I O N

Commissioner Disney moved that the Board adopt the Staff Findings and Staff Recommendation and approve the Saulcy Minor Residential Development (#94-SA0586).

Discussion followed; Commissioner Hotchkiss suggested that the motion include a condition that states that the large 140 acre parcel will not be further divided except under the county subdivision regulations. Mr. Fonfara consulted with Mr. Glomb and both agreed that the applicants should be entitled to equal benefit of the law and should have the same rights as anyone else and not have additional restrictions placed on them. Chair Duvall responded that this condition has precedent. Mr. Fonfara called for a two-minute recess to talk to his client. After the recess, Mr. Fonfara stated that Mr. Glomb will agree to the additional conditions as suggested.

AMENDMENT TO THE MOTION

Commissioner Disney moved that the Board amend the above motion to add conditions to the Staff Recommendation for approval as follows: 6) The 140 acre lot will not be subdivided except under the county subdivision regulations in place at the time of application; 7) All reasonable efforts will be made by the applicant to retain the existing trees on the property and to maintain the rural character of the area; 8) Additional notes will be placed on the Final Plat that road fees and school impact fees will be imposed at the time of building permit, and that there are existing agriculture operations in the area.

Motion carried 3 - 0.

5. LETTER TO KEN WAIDO, CHIEF PLANNER CITY OF FORT COLLINS: Mr. Kadera submitted a letter for the Board to approve and the Chair sign regarding the East Lincoln third Annexation; he noted the annexation will create a small enclave, which should be annexed as soon as possible, and that they are not annexing any of the right-of-way for East Lincoln Avenue at this time. Mr. Kadera stated that the planning staff does not oppose the annexation. CONSENSUS OF THE BOARD was to agree to the annexation and authorize the Chair to sign the letter to the City of Fort Collins.

The meeting adjourned at 10:05 a.m.









TUESDAY, NOVEMBER 8, 1994

PERSONNEL STANDING MEETING

(#151)

The Board of County Commissioners met at 9:30 a.m. in regular session with the Director of Personnel, Ralph Jacobs. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: Patsi Maroney, Compensation & Benefits Specialist; Jean Moore, Mercer Co.; Patrice Luehring, Buyer II Purchasing Department; Bob Grewell, Finance Director; Bob Keister, Budget Manager; Donna Hart, Assistant to the County Manager; Neil Gluckman, Assistant County Manager; and Frank Lancaster, County Manager. Recording Clerk, S. Graves.

1. MEDICAL INSURANCE FOR 1995: Mr. Jacobs stated that during the past month the Personnel Department, the Employee Benefits Committee, and Mercer Co. have been working on a plan whereby the cost for health insurance for Larimer County and its employees will be considerably less than originally estimated. Mr. Jacobs read a memo describing the events and history leading up to the recommendation being made to the Board today, which is to change Larimer County's healthcare provider from Blue Cross Blue Shield (BCBS) to CIGNA, effective January 1, 1995. Mr. Jacobs noted that BCBS began with a 34% rate increase proposal, which was eventually reduced to 22.8%. In the meantime, Mercer Co. asked the other companies, which provided quotes last year, to provide quotes for 1995. After reviewing their quotes, it became evident that the CIGNA quote would save the County $481,128 over the most recent Blue Cross proposal and they guaranteed they will not raise the 1996 premium by more than 11%, if the County agrees to certain benefit changes and to a 24-month accounting period for the minimum premium plan. Discussion followed regarding the advantages and disadvantages of changing medical insurance providers; the main advantage is that the county employees' pay raises this year will not be consumed by higher health insurance preuiums and will provide the same basic structure as BCBS; the main difference between the two providers is a smaller doctor network. Commissioner Disney asked how the employees can be effectively informed of this change; Ms. Maroney responded that a flyer will be distributed to all employees outlining the changes and charting the savings resulting in an increase in take-home pay. Mr. Lancaster asked if the cycle for negotiations and changing of health care providers could be changed, as it occurs at budget time and creates a timing problem with regard to employee meetings, budgeting, etc.; Mr. Jacobs will explore this possibility.

M O T I O N

Commissioner Disney moved that the Board accept the recommendation of the Personnel Department, Mercer Co., and the Employee Benefits Committee, to change Larimer County's healthcare provider from Blue Cross Blue Shield to CIGNA, effective January 1, 1995.

Motion carried 3 - 0.

2. THIRD PARTY ADMINISTRATOR - DENTAL: Mr. Jacobs stated that they are still working on a third party administrator for dental, noting that Blue Cross Blue Shield is the current administrator. Mr. Jacobs stated that a change is being considered, and there is the possibility that BCBS may not want to continue with us after we move our health insurance; Mr. Jacobs will report back to the Board at a later date when this is resolved.

3. EMPLOYEE HUMAN RESOURCES ADVISORY COMMITTEE: Mr. Jacobs reminded the Board that previously they had authorized him to form an Employee Human Resources Advisory Committee and to clearly define their roles. Mr. Jacobs developed a statement of purpose listing specifics about the role of the Committee and submitted copies for the Board to review at their leisure. Mr. Jacobs also submitted a letter for the Board's review from the County Attorney responding to an inquiry regarding how this Committee could be formed without running into trouble with the Fair Labor Standards Act. Mr. Jacobs stated that hopefully this Committee to hold their first organizational meeting in early January 1995.

4. EMPLOYEE SURVEY MEMO - STRESS: Mr. Jacobs prepared a draft response memo addressing the stress issue, as requested by the Board, as a follow up on the employee survey conducted in the spring. In the memo, Mr. Jacobs analyzed the data in the survey, informing the employees of the data, and then discussed the issue and provided advice to employees on how they might proceed if they find themselves experiencing excessive stress. Mr. Jacobs stated that this memo will go out to all county employees as soon as he receives the Board's comments about the memo, hopefully within one week. At this time, Chair Duvall requested Mr. Lancaster to create a "tickler file" to indicate when responses are due back from the Board to certain individuals by a certain date.

Commissioner Hotchkiss asked Mr. Jacobs about the 1995 Salary Proposal and when it will be brought to the Board for approval in order to bring closure to the subject. Mr. Jacobs stated he will check with the Budget Manager to determine the exact amount to be saved by changing medical insurance carrier and bring the proposal to the Board for their review and approval during Administrative Matters tomorrow, November 9, 1994.

The meeting adjourned at 10:10 p.m.










WEDNESDAY, NOVEMBER 9, 1994

ADMINISTRATIVE MATTERS

(#152 & #150 @ 3300)

The Board of County Commissioners met at 9:30 a.m. in regular session with Frank Lancaster, County Manager. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: Jim Stokes, Sue Cottingham and Gary Janezich of Information Management, Myrna Rodenberger and Russ Ragsdale from Clerk & Recorder's Office; Ron Kerr and Wayne Nelson, Assessor's Office; Gayle Morgan, Planning Department; Ralph Jacobs and Patsi Maroney, Personnel Department; Paul Cooper and Brent Nittmann, Community Corrections; Marla Hehn, Assistant County Attorney; Bob Keister, Budget Manager; Bob Grewell, Finance; Rex Smith, Public Works; and Neil Gluckman, Assistant County Manager. Recording Clerk, S. Graves.

1. IMAGING AND NETWORKING DISCUSSION: Mr. Stokes informed the Board that a group of interested persons have been reviewing the requests for proposals for imaging and have reached an agreement to choose Unisys as the vendor, at a cost of approximately $300,000; today they are requesting Board approval to contract with Unisys for the imaging project. Questions from the Board and discussion followed. Commissioner Hotchkiss requested clarification about funding for the project; Mr. Keister noted that last summer the Board set aside $575,000 for GIS, imaging, etc., and these funds have been included in the budget for 1995. Chair Duvall stated she is not comfortable spending money for technology when the external survey showed that the citizens' top priorities are crime prevention and open space and yet yesterday's election clearly indicated that the citizens are not willing to be taxed extra dollars even for their top priorities; she stated that the overall priorities of the county need to be established before authorizing more expenditures; Commissioner Disney disagreed. Commissioner Hotchkiss asked if this project is absolutely essential; Ms. Rodenberger responded that imaging is needed to survive and if they don't do it, they will need to hire more employees and find additional space for recording and storage. Mr. Ragsdale stated that imaging is an excellent long-term investment and absolutely essential.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the imaging project and direct the Clerk and Recorder's Office to proceed with contracting with Unisys for same, as recommended by Mr. Stokes, monies to be derived from budgeted funds designated for technical advancement.

Motion carried 2 - 1; Chair Duvall dissenting.

2. 1995 SALARIES: Mr. Jacobs stated that after yesterday's meeting, in which the Board decided to change medical insurance carriers and savings would be realized, Mr. Jacobs recalculated the 1995 pay plan to transfer those savings to wages and salaries and determined that a 3.48% increase could be funded. Commissioner Hotchkiss clarified for the record that this 3.48% increase is new money being appropriated, over and above the increases allowed for benefits and merit, with an approximate 1% for merit and 2.26% allowed for benefits. Mr. Jacobs will determine the exact amounts and communicate this to the employees by memo.

M O T I O N

Commissioner Hotchkiss moved that the Board accept the 1995 Pay Plan, as presented by the Personnel Department, and approve a 3.48% salary increase, over and above merit and benefits.

Motion carried 3 - 0.

3. APPOINTMENTS TO THE MULTICULTURAL COMMISSION: Mr. Nittmann requested the Board to appoint Isabel Rodriguez Thacker and Bill Piller of the Multicultural Commission, as recommended by the Larimer County Cultural Diversity Advisory Committee. Mr. Nittmann expressed the importance of establishing some communication linkage between the Commission and the Cultural Diversity Advisory Committee; after discussion, the Board directed Mr. Lancaster to include a statement regarding communication and coordination between the two groups in the appointment letter which will be sent out regarding the two new appointments.

M O T I O N

Commissioner Disney moved that the Board appoint Isabel Rodriguez Thacker and Bill Piller to the Multicultural Commission, as recommended by the Larimer County Cultural Diversity Advisory Committee and Mr. Nittmann.

Motion carried 3 - 0.

4. RESOLUTION ON ANIMAL CONTROL: Mr. Gluckman noted that historically the Sheriff's Department has provided certification for the animal control officers in Larimer County; last year, Statute changed and does not allow the Sheriff to certify the animal control officers unless they meet certified criteria. However, Mr. Gluckman noted that presently Statute does allow the Board of County Commissioners to do the certification, but that requires changing the existing Ordinance. Ms. Hehn presented a Resolution and Ordinance amending the existing Resolution and Ordinance concerning Animal Control and Dog Licensing, noting that same must be introduced and read at a regular or special meeting of the Board of County Commissioners and then published in full in a newspaper of general circulation in Larimer County at least ten days prior to its adoption by the Board. After the Resolution and Ordinance is adopted by the Board, it must then again be published and this must all be accomplished by January 1, 1995. After the Ordinance and Resolution was introduced and read, CONSENSUS OF THE BOARD was to direct the publication of the Resolution and Ordinance amending the existing Resolution and Ordinance concerning Animal Control and Dog Licensing in Larimer County.

5. ADOLESCENT CRISIS RESPONSE UNIT: Mr. Lancaster reminded the Board that during a meeting held on October 10, 1994 with Mr. Cooper, discussion was held regarding the separation of family conflict cases and criminal charge cases. At that time, it was suggested that criminal cases could be handled by the Family Emergency Team and family conflict cases handled by an Adolescent Crisis Response Team at Youth S.A.F.E.; however, this would require a minimum of 5 FTE in addition to other operating costs. Mr. Cooper stated that Social Services will supply two persons and Community Corrections will provide one person and give up their request for one position and transfer that over to Social Services, total cost of $60,000 per year; he recommended that this be included in the 95' budget. After discussion, the Board suggested that the Director of Social Services be asked if this money could be appropriated from the existing Fund Balance in Social Services.

M O T I O N

Commissioner Disney moved that the Board approve the Adolescent Crisis Response Unit, source of funds to be determined after checking with Mr. Keasling to see if they can be derived out of the Social Services Fund Balance.

Motion carried 3 - 0.

6. WORKSESSION:

-- Request to Approve Public Participation Training (SDIC) for County Department Heads and Key Staff in 1995: Mr. Lancaster requested the Board to approve funding for a Systematic Development of Informed Consent (SDIC) training program for 1995 and to request Department Heads and other key staff to participate fully in the program. Mr. Lancaster stated that the objective of the SDIC training is to increase the knowledge and skill of County staff in the tools of public participation and develop informed consent on critical and controversial items in the future in an attempt to have less public opposition to public projects, improved quality of public projects, and increased implementation success of projects and ideas. Mr. Lancaster noted that the training would take 3.5 days and cost $12,178 for 40 participants or $304 per person; he proposed that the departments be asked to cover half of the cost and the remaining $6,500 would be derived from the Commissioner's Special Project Fund. Mr. Smith suggested that the Board might consider discussing this matter at the next Cabinet Meeting to receive their input and thoughts about the SDIC training program; CONSENSUS OF THE BOARD was to indicate their approval at this time of the SDIC training program and will discuss it further and in more detail with the Cabinet at their next meeting.

-- Letter to Newly-Elected Commissioner John Clarke: Mr. Lancaster is preparing a draft letter to be sent from the Board to Commissioner-Elect John Clarke inviting him to attend Board meetings and asking him what the Board and staff can do for him during this transition period to make him feel comfortable and welcome. Commissioner Disney also suggested that letters of congratulations be sent from the Board to all the victorious candidates of the November 8, 1994 election.

-- Legislative Breakfast: Mr. Lancaster asked the Board if they want him to schedule a Legislative Breakfast with the legislators; after discussion, the Board directed Mr. Lancaster to schedule this breakfast in the Commissioner's Conference Room sometime after the inauguration.

-- Employee Recognition: Mr. Lancaster stated that the Employee Recognition Committee has recommended having a quarterly reception to honor and recognize employees for certain types of achievements; he noted this will start winter quarter.

-- Response to Chamber of Commerce on Managed Growth Strategies: The Fort Collins Chamber of Commerce, recognizing the need for a comprehensive plan to ensure quality growth and development and to stimulate the creation of long-term primary jobs for future generations, has developed "Manager Growth Strategies" and has requested input from the Board about the document. Mr. Lancaster will draft a letter for the Board and make the suggestion that sustainable economic development be included in the final revision of the "Managed Growth Strategies".

-- Report on Third Evacuation from South End of the Courthouse: Mr. Lancaster reported that another gaseous odor (presumably from mace) resulted in the third evacuation of employees in the south end of the Courthouse; the Facilities Manager will be coming to the Board soon to discuss the possibility of installing video cameras in the hallways in an attempt to prevent future occurences.

-- Discussion Items for Policy Worksession: Mr. Lancaster asked the Board for topics they wish to discuss during the Policy Worksession tomorrow; Commissioner Duvall stated she would like to take the time for the Board to put in writing their plans for the Board in 1995.

-- Board Invitations: Mr. Gluckman reviewed the following invitations with the Board: 1) November 14, 1994 - Joint Meeting with Loveland City Council at 5:30 p.m.; the three Commissioners will attend; 2) November 14, 1994 - Front Range Mountain Backdrop Task Force in Jefferson County from 1 p.m. to 4 p.m.; Planning Director John Barnett will attend; 3) November 16, 1994 - Colorado Transportation Commission discussion of Rules for High Occupancy Vehicle Lanes - Board will not attend; 4) November 17, 1994 - World Reality Dinner at 6 p.m. - the Board will be holding Budget Hearings, therefore, no one will attend this dinner; 5) December 2, 1994 - RBD, Inc. Open House from 3 p.m. to 7 p.m.; 6) December 8, 1994 - Radon Roundtable 11:30 a.m. to 1:30 p.m. at Lincoln Center - Mr. Blehm of Environmental Health will attend.; 7) November 16, 1994 - Mr. Smith invited the Board to attend a farewell breakfast for Ross Shaw at 8:15 a.m. in the Engineering Offices.

7. COMMISSIONER'S REPORTS - ADMINISTRATIVE:

-- Commissioner Hotchkiss stated that now that the 1995 Pay Plan for classified employees has been resolved, it is time for the Board to determine salaries for appointed officials; Mr. Lancaster stated that this subject will be discussed next week.

-- Commissioner Disney stated he will be absent from the meeting regarding the Bingham Hill Cemetery this afternoon as he has a transportation meeting in Estes Park this evening and has several things he needs to do in Estes Park beforehand.

At this time, County Attorney George Hass joined the meeting for Legal Matters. Mr. Smith took this opportunity to ask Mr. Hass about liability for the county with regard to the closure of County Road 23 in the winter. Mr. Hass stated that the county has governmental immunity and is not liable; it was decided that they will discuss this matter further during a Public Works Meeting.

M O T I O N

Commissioner Disney moved that the Board go into Executive Session to discuss legal matters and a personnel matter with Mr. Smith.

Motion carried 3 - 0.

The Board came out of Executive Session at 11:35 a.m.; no action taken.

At this time, Chair Duvall left the meeting to attend another meeting.

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

M O T I O N

Commissioner Hotchkiss moved that the Board approve the Minutes for the week of October 31, 1994 and the Agenda for the week of November 14, 1994, as submitted.

Motion carried 2 - 0.

M O T I O N

Commissioner Hotchkiss moved that the Board approve Petitions of Abatement, as recommended by the County Assessor Steve Miller, for the following: Walker Manufacturing; Skurich; Whittington; Akers; Tideman & Co.; Seilback; Red Partnership (3) and Bushanam.

Motion carried 2 - 0.

M O T I O N

Commissioner Hotchkiss moved that the Board approve a Letter to Roger Fraser, City of Loveland City Manager, and the Third Quarter Report and 1994 and Special Reserve Fund.

Motion carried 2 - 0.

LIQUOR LICENSES: County Approval was granted to Youngs Liquor - 6% - Fort Collins, CO.; Mishawaka Inn - 6% - Bellvue, CO.; and The Hunt Club, - 6% - Fort Collins, CO.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the following documents:

A94-160a TERMINATION OF INTERGOVERNMENTAL AGREEMENT FOR

BUILDING INSPECTION SERVICES BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND THE TOWN OF WELLINGTON

C94-60a CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE VICTIM AND WITNESS

ASSISTANCE AND LAW ENFORCEMENT BOARD IN AND FOR

THE EIGHTH JUDICIAL DISTRICT

Motion carried 2 - 0.

The meeting recessed at 11:45 a.m.

DISCUSSION MEETING REGARDING BINGHAM HILL CEMETERY

(#153)

The Board of County Commissioners reconvened at 1:30 p.m. in regular session for discussion regarding the Bingham Hill Cemetery. Chair Duvall presided and Commissioner Hotchkiss was present; as noted previously, Commissioner Disney will be attending a transportation meeting in Estes Park. Also present were: Russ Legg and John Barnett, Planning Department; John MacFarlane and K-Lynn Cameron, Parks Department; Rose Brinks, Mike Scott, Marilyn Etheridge, Frances VerStratten and Mary Trionfera, representatives on behalf of the Bingham Hill Cemetery; Dan MacArthur, Observer; George Hass and Jeannine Haag, County Attorney's Office; and Frank Lancaster, County Manager. Recording Clerk, S. Graves.

Mr. Legg stated that the purpose of today's meeting is for discussion of a problem which has arisen regarding legal access to the Bingham Hill Cemetery. Mr. Legg noted that the problem arose when a land development application was heard by the LaPorte Planning and Advisory Committee (LAPAC) last month when it became apparent that ownership of the cemetery was not clearly defined. Mr. Legg noted for the record that as today's meeting is not an advertised public hearing, there will not be discussion of the land use application, only the pros and cons of the county possibly involving itself in the ownership of the cemetery.

Ms. Haag reviewed the legal issues of the situation and noted that whenever the county reviews a development proposal, adjacent uses and impact are always considered and statute will not allow the proposal to create a landlocked parcel. Ms. Brinks reviewed the history of the cemetery noting that Ben Claymore and John Proverst dedicated this land as a burying placing for the people around LaPorte and there is no record of taxes being paid on the land since 1879. Much discussion ensued regarding the identify of the present owner of the cemetery, and if and how the county will acquire ownership; it was noted that if the county acquires ownership, public benefit must be shown and fair market value paid. In addition to access and ownership of the cemetery, liability and maintenance were also discussed at length; it was suggested that an access road could be built east of the cemetery, or a Bingham Hill Cemetery Foundation could be formed to own and manage the cemetery, or possibly another group, such as the Poudre Landmark Foundation or Pioneer Association, could assume maintenance responsibility.

Much discussion followed; the Board indicated they are very supportive of preserving access to the Bingham Hill Cemetery and would encourage private involvement and offered that possibly the county could help with in-kind donations. They noted that this is an unique situation and there are no guidelines to follow. The Board directed legal counsel to keep abreast of this matter and keep the Board informed; however, they noted the problem may be resolved in the minor development process.

The meeting adjourned at 3 p.m.


_____________________________________

JANET S. DUVALL, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:



______________________________________

Sherry E. Graves, Deputy County Clerk



8. EXECUTIVE SESSION:

9: DOCUMENT REVIEW:


November 9, 1994