PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, MAY 2, 1994

SUBDIVISIONS

(#20)

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: Russ Legg, Senior Planner; Jerry White, Zoning Administrator; Rex Burns, Engineering; Jerry Blehm, Environmental Health; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

1. APPOINTMENT OF ASSISTANT COUNTY ADMINISTRATOR:

M O T I O N

Commissioner Hotchkiss moved that the Board of County Commissioners appoint Neil Gluckman, currently Administrator of Employment and Training Services, to be the Assistant County Administrator; and appoint Joni Friedman, currently Assistant Administrator of Employment and Training Services, as Interim Administrator of Employment and Training Services, both appointments effective May 16, 1994.

Motion carried 3 - 0.

2. WELLINGTON KOA SPECIAL REVIEW AMENDMENT (#94-ZR0415):

Mr. White noted that this is a request for approval to amend Special Review approval for expansion of an existing campground. As the applicant was not present for today's hearing, Mr. White recommended this matter be tabled until May 16, 1994. Since the Planning Commission recommended approval of this matter, with the addition of one condition, and no one was present to contest approval, Commissioner Hotchkiss recommended proceeding with the hearing as scheduled; however, Chair Duvall had several questions and concerns to discuss with the applicant regarding dust, existing agricultural uses adjacent to the property, and increased services to be required from the County.


M O T I O N

Commissioner Disney moved that the Board table the Wellington KOA Special Review Amendment (#94-ZR0414) until May 16, 1994, as requested by Mr. White.

Motion carried 2 - 1; Commissioner Hotchkiss dissenting.

3. REQUEST FOR TEMPORARY BUILDING PERMIT RESTRICTION ON

GRASSLANDS SUBDIVISION FILING ONE (5-02-94):

Mr. Legg stated that a request has been received from the Larimer County Public Works Department to place a temporary building permit restriction on the Grasslands Subdivision Filing One; Mr. Legg noted that the US Army Corps of Engineers has placed a hold on construction of the wetlands until a Section 404 Permit is issued. Mr. Dave Shupe of Landmark Engineering, noted that in the memo of April 19, 1994 from Mr. Burns regarding this matter, it states that individuals are requesting building permits to begin construction of residences; Mr. Shupe stated that this is not the case, no lots have been closed on and all sales are conditional upon the completion of the infra-structure for the subdivision, which includes the subdrain system. Therefore, Mr. Shupe stated that the need for this temporary restriction doesn't exist; he noted they are in contact with the Corps of Engineers and are in the middle of the process for obtaining the 404 Permit; they met with Mr. Rex Fletcher of the Corps last Friday and the indication from them at that time was that they were in compliance with their ordinance. Mr. Shupe noted that the wetlands is primarily in open space in the subdivision and it will take the same amount of time to obtain the Permit as it will to build the infra-structure in areas outside of the wetlands; therefore, there is no need for a building permit "hold". Mr. Burns stated that his concern specifically is with the issuing of foundation permits, which is before the issuance of building permits and until a subdrain is installed, he does not recommend issuing foundation permits. Mr. Legg assured Mr. Shupe that the restriction will be released as soon as the subdrain is installed.

Paul and Diane McCormick, adjacent property owners, addressed the Board and asked if there will be a public hearing on the 404 Permit and, if so, they wish to be notified. Mr. Barnett answered "Negative", as it is a Federal action and is subject to the National Environmental Policy Act. Mr. McCormick asked if the wetlands will be surveyed and protected prior to construction; he stated that this development has been in contention from the beginning with the density transition. Mrs. McCormick noted that their primary concern is the drainage because the wetlands on the developer's property are tied to the wetlands and ponds on their property. Mr. Burns noted that the McCormicks live uphill from the development and they are concerned that the groundwater at their site will be lowered and their wetlands and pond will be dried up; in his opinion, the construction of the subdrain system could result in a lower water level at the McCormick site. Other permitting questions were raised by Mr. McCormick; Mr. Burns advised the McCormicks and other objectors and interested parties to submit their concerns in writing to Corps Administrators.

Chair Duvall asked if the McCormick's wetlands can be protected before any construction begins; Mr. Burns stated it isn't physically possible to both drain the subdivision and protect their wetlands. The McCormicks requested that the conditions of the First Filing be changed; Ms. Haag noted that the Preliminary Plat and Final Plat have been approved and the Board cannot revisit and change those conditions. Ms. McCormick also noted that with regard to provision of a buffer zone, which is spelled out clearly in the UGA, their concerns have been totally disregarded and she wants that buffer zone considered in the 2nd & 3rd Filings. Mr. McCormick stated that the law was broken because the IGA wasn't adhered to and the First Filing should be reopened; Ms. Haag disagreed, but stated that if a person is dissatisfied with a decision the Board makes or feels a decision has been improperly made or illegal, arbitrary or capricious, they may appeal that decision to the District Court within 30 days. Mr. McCormick requested Ms. Haag's opinion in writing; she noted she can comply if requested to do so by the Board.

M O T I O N

Commissioner Disney moved that the Board approve the request from the Planning Staff to place a temporary building permit restriction on the Grasslands Subdivision Filing One, including a hold on permits for footings and foundations, until the subdrain is installed and operational and the Section 404 Wetlands Permit is issued.

Motion carried 3 - 0.

The meeting recessed at 9:50 a.m.

PUBLIC HEARING REGARDING RESOLUTION AND

ORDINANCE CONCERNING SMOKING IN PUBLIC PLACES

IN UNINCORPORATED LARIMER COUNTY

(#22 & #23)

The Board of County Commissioners reconvened at 4:30 p.m. for a Public Hearing on the Resolution and Ordinance Concerning Smoking in Public Places in Unincorporated Larimer County. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were Jeannine Haag, Assistant County Attorney, and Bill Gordon, County Administrator. Recording Clerk, S. Graves.

Chair Duvall stated that the purpose of today's hearing is to provide an opportunity for the Board to receive public input on the proposed Resolution and Ordinance before the formal adoption or denial of same. Chair Duvall noted that a first reading of the proposed Resolution and Ordinance was held at an open meeting of the Board of County Commissioners on April 6, 1994; the complete text of same was published in the Fort Collins Coloradoan and the Loveland Reporter Herald on April 14th and in the Estes Park Trail Gazette on April 15, 1994. Chair Duvall advised the audience that five minutes will be allotted to each person wishing to speak in opposition or in favor of the Ordinance; she cautioned against redundant testimony. Chair Duvall further advised that if there is a designated spokesperson for either side, five minutes of rebuttal may be permitted.

Those speaking in opposition to the Ordinance were: Scott Graves, Ethan Knibb, Virgil Cline, Pam Balzman, and Jeff Whittaker; stating that in their opinion the Ordinance is redundant as it is already being exercised in bars and restaurants, a legislative body should not have the right to legislate such matters, this Ordinance is discriminatory and an infringement on people's rights and free enterprise, Fort Collins is the "Choice City" and this legislation restricts freedom of choice; the Ordinance is legislating public morality, etc.

Those speaking in favor of the Ordinance were: Felix Lee, Director of Building Permits and Zoning for the City of Fort Collins and Administrator for the Smoking Ordinance in Fort Collins; Jo Matoon, Benefits Administrator for the City of Loveland; Dr. Vedanthan, physician from Allergy/Asthma Clinic in Fort Collins; Jennifer Anderson, Past President of the American Heart Association of Colorado; Ann Watson, Larimer County Department of Health and Environment; Mike Vogl, Director of Public Affairs at Poudre Valley Hospital; Pete Perkins, Environmental Health and Safety Manager for Hewlett-Packard and Board Member of American Lung Association; Gary Rogers, Executive Director for the Larimer County Cancer Society; Daryl Schaefer, resident of Fort Collins; Debbie Geyer, mother of child with allergies; and Lynn Tooey, Doctoral Student in Nutrition. These individuals stated that this Ordinance is not about civil rights or pro-choice, it is about public health and safety and the Ordinance should be adopted to be consistent with Fort Collins and Loveland, where the Ordinance has been widely accepted and well received. Concern was expressed for the health of non-smokers and smokers and related higher health costs--50,000 non-smoking Americans die every year from secondary smoke and there were 400,000 deaths in 1990 related to smoking. These proponents of the Ordinance requested the Board to adopt the Ordinance and also suggested that a more strict non-smoking Ordinance be adopted in the future.

The Commissioners expressed their personal opinions and reasons for planning to support Ordinance, citing their concern for public health and safety and indicating the need for the County to be consistent with the Cities of Fort Collins and Loveland.

M O T I O N

Commissioner Disney moved that the Board adopt the Resolution and Ordinance Concerning Smoking in Public Places in Unincorporated Larimer County, and authorize the Chair to sign same.

Motion carried 3 - 0.

R94-46g RESOLUTION AND ORDINANCE CONCERNING SMOKING IN

PUBLIC PLACES IN UNINCORPORATED LARIMER COUNTY

The meeting adjourned at 5:35 p.m.

TUESDAY, MAY 3, 1994

PUBLIC WORKS STANDING MEETING

(#22 @ 200 & #23)

The Board of County Commissioners met at 9:30 a.m. in regular session with Rex Smith, Director of Public Works. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: Dick Anderson, Facilities Director; Len Bammer, Fleet Manager; William Heiden, Director of Road and Bridge Department; Steve Carow, Public Works Senior Analyst; Diane Martell, Engineering; and Bill Gordon, County Administrator. Recording Clerk, W. Gebauer.

1. FLEET MANAGEMENT INFORMATION SYSTEM: Mr. Bammer requested that the Board authorize the purchase of new computer software for Fleet Management. Fleet Management conducted an extensive review of available software, and found that the Prototype EMS software would significantly increase the accuracy and flexibility of the management of fleet operations, including giving Fleet Management the new ability to monitor usage and expenses for individual vehicles, the ability to tailor costs for particular County users, and the ability to use different costing methods simultaneously. The Prototype system would run on the current PC network and the total cost of the system, including training, would be $28,095, with an annual site license fee of $3,800 per year starting the year after next. The annual license fee would be less than the fees charged for the current GEMS system, reducing Fleet Management's overhead and allowing them to reduce the cost to users. Because of the significant advantages of this particular system, Mr. Bammer asked the Board to approve the sole source purchase of the software, instead of the usual bid process; he added that the Purchasing Department has approved the sole source purchase.

MOTION

Commissioner Disney moved that the Board approve the sole source purchase of the Prototype EMS system, with the funding to come from the Fleet Management budget.

Motion carried 3 - 0.

2. RESOLUTION FOR WEATHER SCAN SYSTEM: Mr. Heiden asked the Board to approve a Resolution in favor of Larimer County participation in a joint project with the City of Fort Collins and the State of Colorado. The project would install a weather scan system, monitoring site-specific and ground-level weather patterns, at the new bridge to be constructed on U.S. Highway 287 over the Poudre River in Fort Collins. By participating in the project, the County Road and Bridge Department would be able to link into the State's weather scan system to obtain ground temperature, chemical factors, highly accurate weather forecasts, and other information to assist them in anticipating the need for such actions as sanding, plowing, and other weather related road work, not only at the new bridge site, but also at four other weather scan sites in the County and other sites to be developed in the future. The County's share of the costs would be approximately one-third of the total cost, not to exceed $15,000. This would be a one-time expense for the County, except for the long-distance telephone charges to Greeley to access the State's system.

MOTION

Commissioner Disney moved that the Board approve the following Resolution, as recommended by Mr. Heiden and approved as to form by the County Attorney, and authorize the Chair to sign; monies to be derived from the Road & Bridge Capital Expenditures Fund.

Motion carried 3 - 0.

R94-47rb RESOLUTION FOR COUNTY'S PARTICIPATION IN THE WEATHER SCAN SYSTEM (1/3 equal shares between the State of Colorado, the City of Fort Collins, and Larimer County)

3. ESTES PARK OFFICE SPACE: Mr. Anderson stated that the Facilities Division has been looking into the possibility of moving the Estes Park offices from their current location in the Hillcrest Building to another site. The County currently leases space in the Hillcrest Building, and has looked at the possibility of purchasing the building and constructing an addition. The landlord has proposed raising the County's rent by sixty percent to more than $15 per square foot. Mr. Anderson looked at other options for the County offices, one of which would be a three to five year lease in the Aspenwood complex, which is currently under construction. In this case, the rent would be approximately $10.50 per square foot, and would be particularly attractive if the Estes Park School District participates in the "Cities in Schools" project. Another option for the County, according to Mr. Anderson, would be to purchase property in Estes Park and construct their own facility. Commissioner Duvall stated that the Estes Park School District was taking a wait-and-see approach to the "Cities in Schools" project for the time being. The Board directed Mr. Anderson to continue investigating alternatives to the current location for the Estes Park offices.

4. STRANG FARM LEASE AGREEMENT: Mr. Anderson asked the Board to approve the lease between the Board of County Commissioners and Roger Keefer for the Strang Farm property on South County Road 7.

MOTION

Commissioner Hotchkiss moved that the Board approve the following lease, and authorize the Chair to sign:

Motion carried 3 - 0.

A94-73 LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ROGER KEEFER (Strang Farm)

5. LID ELECTION APPROVAL: Ms. Martell informed the Board that she expects the Governor to sign House Bill 1286 by June 11, 1994. This Bill would amend the State of Colorado Revised Statute 30-20-619 to permit the Board to provide by Resolution either that all registered electors of the County shall be eligible to vote on questions regarding the issuance of special assessment bonds, or that only registered electors who are owners of property within or residents of the district shall be eligible to vote on such questions. Ms. Martell noted that Colony Ridge is in the process of forming a Local Improvement District (LID), and would be affected by HB1286. The Board gave Ms. Martell permission to draft a Resolution for the limitation of eligibility on LID elections.

6. TRANSPORTATION DEVELOPMENT PROGRAM UPDATE: Mr. Smith presented a letter by John Daggert applying to the State for Section 26A funds for the Transportation Development Program Update. Mr. Smith cautioned that the letter may be amended pending the decision by the City of Loveland whether or not to participate. The Commissioners acknowledged that the Board has previously approved the request for $25,000 in Federal funds and $6,150 in local funds.

MOTION

Commissioner Hotchkiss moved that the Board authorize the Chair to sign the Transportation Development Program Request.

Motion carried 3 - 0.

7. NEBA MATCHING FUND REQUEST: Mr. Smith asked the Board how they want to respond to the Northeast Business Association (NEBA) memorandum requesting County matching funds for improvement projects. In light of the possible LID election law changes, the Board decided to schedule a meeting to discuss the request in more detail at a later date.

8. BUCKEYE BICYCLE ROAD RACE: Commissioner Duvall brought to the Board's attention the fact that several County residents had complained about road closures for the Buckeye Race. Mr. Gordon confirmed that the Board had decided to approve the permit for the race only on the condition that no roads would be closed, and he stated that the race promoter had apparently mailed incorrect notices to area property owners. Commissioner Disney intends to meet with north and south County representatives in order to clarify the Board's policy regarding bicycle races.

9: CHAPTER 70 IMPLEMENTATION: Commissioner Duvall noted that developer Steve Whittall called to ask if the County has already implemented Chapter 70, because of what he regards as unusual requirements for a permit for a property he is developing in the Namaqua area. Mr. Smith stated that the County is still reviewing the changes that would occur with the possible implementation of Chapter 70; as such, Mr. Smith doubted that the Namaqua property was currently affected. At this time, Commissioner Disney left to attend a meeting in Estes Park.

The meeting recessed at 10:30 a.m.

MEETING WITH RENA MACKRILL

DIRECTOR OF HUMAN DEVELOPMENT

(#23 @ 200)

The Board of County Commissioners reconvened at 10:30 a.m. in regular session with Rena Mackrill, Director of Human Development. Chair Duvall presided; Commissioner Hotchkiss was present and Commissioner Disney was absent. Also present were: Susan Szymanski, Grants Manager; Shelley McGraw, Director of Office on Aging (OOA); and Bill Gordon, County Administrator. Recording Clerk, W. Gebauer.

Ms. Mackrill provided the Board with copies of a letter, sent by the Human Resource Committee and the OOA Transportation Committee to the Care-A-Van/SAINT Board of Directors, terminating County transportation funding to Care-A-Van for the time being while they develop a transportation development plan. Ms. Szymanski informed the Board that Human Development and OOA were unable to obtain the necessary information from Care-A-Van by the deadline, and that therefore Human Development based their analysis on 1993 figures. Ms. McGraw emphasized that the Transportation Committee has met with the Care-A-Van Board and explained the problems in not receiving the needed information in a timely manner; Ms. McGraw also noted that Title 3 requires this information, and that they also expect certain Federal programs to require more detailed information than they have required in the past. The Board agreed to address these questions with Care-A-Van in the future.

The meeting recessed at 11:00 a.m.

ABATEMENT HEARING FOR FARMERS INSURANCE GROUP

(#23 @ 1600)

The Board of County Commissioners reconvened at 2:00 p.m. to consider a Petition for Abatement for Farmers Insurance Group. Chair Duvall presided; Commissioners Disney and Duvall were present. Also present were Carla Woodard-Cowling, Senior Appraiser, and Bill Gordon, County Administrator. Recording, S. Graves.

Mr. David Jackson, Petitioner, informed the Board that he began his business as a Farmers Insurance Agent in September 1991; he did not receive a Declaration Schedule nor a Notice of Value for his property in 1992 and assumes it was received by one of the two other Agents in his building, who went out of business within a year. Since Mr. Jackson did not register a protest, the Assessor's Office used "Best Information Available", based on another Farmers Insurance Group, to determine the tax and a tax bill was submitted for $379.64. Mr. Jackson called to protest and was told he was "too late" to protest for that year. The Assessor's Office performed a physical audit in November 1993 and, at that time, Mr. Jackson was informed that the audit would be used to adjust his 1993 tax bill. However, in January 1994, Mr. Jackson received his 1993 Tax Statement, which reflected an increase in taxes, including a 25% penalty, and a total due of $471.20. Mr. Jackson immediately contacted the Assessor's Office and was told he had been misinformed and the audit would not be reflected until 1995; at that time, he was advised to file a Petition for Abatement. After making a comparison of other Farmers Insurance Group Offices in Loveland, with similar office equipment, Mr. Jackson estimates his taxes should be between $40 & $50. Today, Mr. Jackson is not requesting a refund of the overpayment of taxes paid for 1992, but an abatement of the taxes for 1993.

Ms. Woodard-Cowling provided a brief summary of the statutory scheme for the taxation of personal property owned by a commercial enterprise. Pursuant to statute, the Assessor's Office followed prescribed procedure, using "Best Information Available", to determine the amount of tax due and the Assessor's Office is recommending denial of the Petition for Abatement. However, Ms. Woodard-Cowling acknowledged that Mr. Jackson had been misinformed by a new employee in the Assessor's Office that the audit being performed would be used to adjust his 1993 tax bill.

M O T I O N

Commissioner Disney moved that the Board approve the request from David Jackson of the Farmers Insurance Group and allow an abatement of $426.52 on the 1993 Tax Bill, leaving a balance of $44.68, but not allow a refund on the 1992 Tax Bill.

Motion carried 3 - 0.

The meeting recessed at 2:20 p.m.

MEETING WITH CARE-A-VAN BOARD OF DIRECTORS

(#24)

The Board of County Commissioners reconvened at 3:00 p.m. in regular session with the following members of the Care-A-Van Board of Directors: Mark Korb, Pat Markley, LaVerna Barnhart, Avis Woolrich, Jack Peverley, and Jerry Boortz. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: Marj Walsh, Director Care-A-Van; Shelley McGraw, Director Office on Aging; Susan Szymanski, Human Development Grants Manager; and Bill Gordon, County Administrator. Recording Clerk, S. Graves.

Mr. Korb stated that the purpose of today's meeting is to inquire as to the willingness of the Board of County Commissioners to stand behind an interest in enhancing transportation opportunities for the elderly within the County. Care-A-Van has applied for and received a two-year experimental grant of $100,000 annually; $75,000 in Federal monies and $25,000 from local sources. Mr. Korb noted that originally their Board intended to ask the County for $25,000; however, they have solicited participation from other sources and have received $8,000 from the City of Loveland and $1,500 from Wellington; a request for $7,500 has been made to the Fort Collins Foundation and the same is requested from Larimer County. Ms. Walsh noted that only five of these grants were awarded nationally and Larimer County is privileged to have received one. Mr. Korb stated that this grant is a new concept and new service--it will not be based on demand response but will be set up to have weekly scheduled designated stops and provide an opportunity to develop transportation for the elderly in outlying areas, not currently being serviced. Mr. Korb stated that this request is for additional funding and is not related to 1994 funding.

Discussion followed; Commissioner Hotchkiss stated that the Board will have to determine the source of funds if this request is approved and determine program compatibility with current services offered. The Board will discuss this matter with Staff and in depth during their Policy Worksession on May 5, 1994 before making a decision regarding this request for $7,500.

The meeting adjourned at 3:50 p.m.

WEDNESDAY, MAY 4, 1994

ADMINISTRATIVE MATTERS

(#26)

The Board of County Commissioners met at 9:30 a.m. in regular session with Bill Gordon, County Administrator. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present was Keith F. Olson, Ph.D., Executive Director of Mental Health. Recording Clerk, W. Gebauer.

1. LEASE AGREEMENT WITH DEPARTMENT OF MENTAL HEALTH - LOVELAND OFFICE: Dr. Olson asked the Board to approve the continuation lease between the Board of County Commissioners and Alistair MacDonald for the property at 1825 East Eighteenth Street, Suite B, Loveland, Colorado 80538. Dr. Olson noted this lease represents a 13% increase in rent, has been approved as to form by the County Attorney, and will not require a revision in the Mental Health Budget.

MOTION

Commissioner Hotchkiss moved that the Board approve the Lease Agreement, as requested, and authorize the Chair to sign.

Motion carried 3 - 0.

A94-74 LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ALISTAIR MACDONALD (1825 E. 18th St., Suite B, Loveland)

2. WORKSESSION:

--Mr. Gordon presented to the Board the First Quarter Report for 1994 from Kelly Ohlson, Larimer County Public Trustee.

MOTION

Commissioner Hotchkiss moved that the Board accept the First Quarter Report for 1994 from the Public Trustee.

Motion carried 3 - 0.

-- Last week, in Administrative Matters on Wednesday, April 27, 1994, the Board approved the increase of a program worker's position from .8 to 1.0 FTE beginning May 1, 1994 for the migrant worker program in Health and Environment. Today, Mr. Gordon submitted the Personnel Authorization Request for the Chair's signature.

-- Previously, the Board appointed Neil Gluckman to the position of Assistant County Administrator, effective May 16, 1994. In order to implement this appointment, Mr. Gordon requested that the Board approve a pay adjustment for Mr. Gluckman for a base annual salary of $51,000, and to adjust the salary of Bill Gordon, the County Administrator, to a base annual rate of $55,000.

MOTION

Commissioner Hotchkiss moved that the Board adjust the pay of Neil Gluckman to a base annual salary of $51,000, effective May 16, 1994, and adjust the pay of Bill Gordon to a base annual salary of $55,000, effective May 1, 1994.

Motion carried 3 - 0.

-- John Pedas, Code Enforcement Officer, informed the Board by letter that the cost for the Logan Ranch cleanup was higher than anticipated at $4,660. The Board gave its approval to Mr. Pedas to sign the contract with Barker Construction for the cleanup.

3. COMMISSIONER'S REPORTS:

-- Commissioner Hotchkiss informed the Board that the "Takings" Bill was killed in Committee in the State Legislature by a vote of 6 - 5.

-- Commissioner Disney reminded the Board of his vacation next week.

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

MOTION

Commissioner Hotchkiss moved that the Board approve the Minutes for the week of April 25, 1994, and the Agenda for the week of May 9, 1994, as submitted.

Motion carried 3 - 0.

MOTION

Commissioner Hotchkiss moved that the Board approve Petitions for Abatement, as recommended by the County Assessor Steve Miller, for the following: Keith F. & Janet Hainline; Gamma Properties, Inc.; Emily K. Durand, Trust; Marvin J & Helen C. Magee; D L & G Partnership (2); Mike Herk/Arnie Knoll; Don & Carole Miller; Reid W. & Cheryl C. Gayman; Linda F. Anderson; Hardee; Cambridge Place Partnership; University National Bank (92); University National Bank (90); and Rinehold & Mildred Peter.

Motion carried 3 - 0.

MOTION

Commissioner Hotchkiss moved that the Board approve the following miscellaneous documents: Crown Minor Residential Development Amended Plat; Lamy Minor Residential Development; Van Riper Minor Residential Development; Drager Park Amended Plat.

Motion carried 3 - 0.

LIQUOR LICENSES: County Approval was granted to Playing Thru Enterprises, Inc. DBA Spring Canyon Inn- 6% WITH EXTENDED HOURS - Fort Collins, CO. with a Waive of Hearing for a Change of Ownership for Playing Thru Enterprises, Inc. previously known as Inlet Bay Bar & Grill at 4701 W. County. Rd. 38E, Fort Collins, CO. 80526 for a Hotel and Restaurant Liquor License.

MOTION

Commissioner Hotchkiss moved that the Board approve the following documents:

A94-75 AGREEMENT BETWEEN LARIMER COUNTY SHERIFF'S DEPARTMENT AND RUSSELL C. BARGER AND THOMAS M. RUSSELL (Use of Land for Firearms Training)

A94-76 INTERGOVERNMENTAL AGREEMENT FOR THE LARIMER HOME IMPROVEMENT PROGRAM BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE CITY OF LOVELAND, AND THE CITY OF FORT COLLINS (Rehabilitation of Homes in Larimer County)

D94-16 DEED OF DEDICATION BY THE ROCKY MOUNTAIN FUEL COMPANY (Dedication of Property as a Public Highway)

R94-48z FINDINGS AND RESOLUTIONS APPROVING THE SLAB CANYON LIMESTONE QUARRY SPECIAL REVIEW

Motion carried 3 - 0.

The meeting recessed at 10:00 a.m.

STANDING PLANNING WORKSESSION WITH JOHN BARNETT

(#26 @ 925 & #24 @ 2800)

The Board of County Commissioners reconvened at 1:35 p.m. for a worksession with John Barnett, Director of Planning. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present was Bill Gordon, County Administrator. Recording Clerk, W. Gebauer.

1. Fire Retardant Roofing: Mr. Barnett updated the Board on the status of the project to promote the use of non-combustible roofing materials, and the possible adoption of class A, B, and C roofing standards into the Uniform Building Code. County officials have met a second time with all fire and building departments in the Larimer County area, and Mr. Barnett stated that he was very pleased with the high level of support and cooperation that the fire districts have shown toward the project. Mr. Barnett anticipated holding public meetings for comments and suggestions on the proposal by August, 1994, and expected to bring a proposed ordinance to the Board by November 1, 1994.

2. Utility and Fire District Negotiations: Mr. Barnett reported that the county has held seven meetings with of the fire and water districts with the goal of drafting new Larimer County Water and Fire Protection Standards in order to deal with the problems caused by rapid growth. The County and the districts are generally in agreement with the objectives and goals of the negotiations, and the water districts will provide maps of their service areas identifying levels of standards. Mr. Barnett also reported that the group supported the idea of establishing a Regional Utility Board by December 1994.

3. Chapter 70 and Rural Excavation Review: Providing the Board with current information on the implementation review of Chapter 70 of the Uniform Building Code, Mr. Barnett stated that they are currently preparing estimates of the budgetary impact of the proposed standards and engineering criteria, and that the County has never fully implemented it because of budget constraints. He also noted that Chapter 70 relates to certain engineering issues associated with earthwork, such as slopes, drainage, erosion control, and stability, but does not address issues of emergency access, safety, or appearance on 35+ acre developments; the County would have to address the latter issues through regulatory amendments. The Board decided that it will hold public meetings to explain the proposals to the public and to receive comments, even though the code was adopted a number of years ago; Mr. Barnett advised the Board that a public hearing would be required if the County wanted to amend the codes on access roads.

4. Corridor Committee: Mr. Barnett presented to the Board the Loveland-Fort Collins Corridor Planning Project Statement of Purpose and Statements of the Roles and Responsibilities of the Corridor Committee, the Corridor Task Force, and the Corridor Planning Team, as well as a chart showing the projected completion dates of various steps in the Project. Mr. Barnett said that the task force recommendations will be extended to October and November; he added that the consultant budget for the project should be ready in the next week or so. Chair Duvall asked Commissioners Disney and Hotchkiss to prepare comments on the Statements by May 18, 1994, in order to achieve consensus on language and other issues.

Chair Duvall also asked the other Commissioners whether they should take any interim measures to protect the Corridor from development until the Task Force recommendations are complete, or whether they should impose a moratorium in the Corridor while the Corridor Planning Project is underway. Commissioner Disney stated that it was crucial to discuss any such proposals with the Corridor Task Force. Much discussion followed; Mr. Barnett suggested that the Board make no major changes at this time, and that in the meantime they evaluate proposed corridor development on a case-by-case basis. Mr. Gordon noted that select recommendations may be available before the entire Project is completed.

Meeting recessed at 2:35 p.m.

BUDGET MEETING WITH BOB GREWELL, FINANCE DIRECTOR

(#27)

The Board of County Commissioners reconvened at 2:40 p.m. in regular session with Bob Grewell, Finance Director. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: Bob Martell, Purchasing Agent; Ralph Jacobs, Personnel Director; Dana Klausmeyer, Controller; Bob Keister, Budget Manager; and Bill Gordon, County Administrator. Recording Clerk, S. Graves.

1. Purchasing Department: Mr. Martell reported that the Purchasing Department is operating with up-to-date computer equipment, adequate personnel, and all purchasing requests are being met in a timely manner. Mr. Martell stated that last year's budget will be sufficient for 1995 and no capital expenditures are anticipated. The Department anticipates being totally automated by the year 1998, which will mean a change in the current procedure; an electronic or "paperless" system is their vision and that of the Larimer County Standards Committee for the entire County. Mr. Martell reported that the City of Aurora is going to experiment with credit cards in 1995; however, other entities have tried this unsuccessfully due to the penalty clause and designation of responsibility.

2. Personnel Department: Mr. Jacobs reported that the Personnel Office is running smoothly and there are no major problems; they are attempting to keep apprised of developing new Federal legislation and a new suggestion system within the County will be starting soon. With regard to 94' budget revisions, Mr. Jacobs stated he may require additional funding of $1,000 for an unanticipated expense for employee recognition. For 95', the principal concern is technology--they hope to expand personnel into a network of micro-computers which will require five new computers for approximately $16,000. A second priority is to shift to electronic imaging for historic and current personnel files and they are also considering dot reading technology to record the names and addresses of applicants. Mr. Jacobs noted that since 1985, the Personnel Department has remained at its existing staffing level, with very low turnover, but they have had a large increase in the amount of Federal legislation--the County has become an administrative arm of the Federal Government with many new personnel policies which have greatly impacted staff time.

3. Financial Administration: Ms. Klausmeyer reported that the Accounts Payable Division is comprised of 3 employees and a supervisor; this year, two of the employees have had outstanding Workers' Compensation Claims and have had a considerable amount of time off from work. Ms. Klausmeyer stated that by shifting employees around they have been able to compensate but if this continues into 1995, some flexibility in covering those employees' functions will be required, as well as budget revisions to mitigate the tremendous impact on the budget. Ms. Klausmeyer reviewed the upcoming issues for the 95' budget, such as: need to "add back" to 1995 base budget for purchasing accounts payable warrants; additional $3,000 for agreed-upon increase in audit costs; cost of administering any successful sales tax initiatives; equipment upgrades; impact of National Health Care Reform on Flexible Spending Plan; need for backup for Accounting Operations Supervisor, etc. Ms. Klausmeyer stated that their office is very crowded and she would like to be involved in planning for the new facility; she also noted that their department reacts to what happens in other departments and, in the future, she would like to see an integrated approach in developing goals.

In summary, Mr. Grewell informed the Board that an increase of up to $36,000 can be anticipated from the entire Finance Department for the 95' budget.

The meeting recessed at 3:30 p.m.

MEETING WITH DR. KEITH OLSON

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The Board of County Commissioners reconvened at 3:35 p.m. in regular session with Dr. Keith Olson, Director of Mental Health. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present was Bill Gordon, County Administrator. Recording Clerk, S. Graves.

Dr. Olson reported to the Board that the State has put out a Request for Proposal for a project to develop a State Mental Health Managed Care System in which the State would pay a per-person per-month premium to an entity to be called CASA, which would provide all mental health services to eligible Medicaid recipients in the State. Much discussion followed; Dr. Olson does not recommend submitting a proposal at this time, but to wait until 1996 or 1997. There was also discussion of the County moving to a private non-profit status in which mental health services would be contracted with the County.

M O T I O N

Commissioner Hotchkiss moved that the Board go into Executive Session with Dr. Olson to discuss contract negotiations.

Motion carried 3 - 0.

The meeting adjourned at 4:10 p.m.; no action taken.


_____________________________________

JANET S. DUVALL, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:


__________________________________________

Sherry E. Graves, Deputy County Clerk


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William Louis Gebauer, Deputy County Clerk

May 2, 1994