PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, JANUARY 30, 1995

PUBLIC HEARING REGARDING COLUMBINE CABLEVISION

CABLE TV RENEWAL

(#193)

The Board of County Commissioners met at 2:00 p.m. for a Public Hearing regarding the Columbine CableVision Cable TV Agreement Renewal. Chair Disney presided and Commissioner Clarke was present; Commissioner Duvall was absent due to illness. Also present were: Russ Legg, Cable TV Coordinator; Mike Bryant, Public Works Access and Utility Coordinator; Tom Duchen, President River Oaks Communications Corporation and Consultant for Larimer County; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Chair Disney opened the public hearing and stated that the first order of business is for the Board to approve a Resolution commencing the cable hearing renewal proceedings.

M O T I O N

Commissioner Clarke moved that the Board adopt a Resolution Commencing Cable Television Renewal Proceedings Pursuant to the Cable Communications Policy Act of 1984 and the Cable Television Consumer Protection and Competition Act of 1992, and authorize the Chair to sign same.

Motion carried 2 - 0.

R95-07g RESOLUTION COMMENCING CABLE TELEVISION RENEWAL

PROCEEDINGS PURSUANT TO THE CABLE COMMUNICATIONS

POLICY ACT OF 1984 AND THE CABLE TELEVISION CONSUMER

PROTECTION AND COMPETITION ACT OF 1992 (Columbine

CableVision)

Mr. Legg stated for the record that businesses which provide cable service to the residents in the unincorporated areas of Larimer County are required to meet certain standards of service and have a service agreement approved by Larimer County. Mr. Legg noted that Columbine CableVision has had such an agreement for a number of years and are asking for renewal of that agreement, which is now being taken under advisement and consideration under the Cable Act, and he noted that today's hearing is the first of several public hearings and proceedings which will occur related to that process. Mr. Legg further stated that the County will be examining the cable company's performance under the current agreement and assessing their response to consumer concerns; this process will take approximately one year. Mr. Legg informed the Board that the County has retained the River Oaks Communications Corporation of Colorado Springs and Denver, a firm who has been active in northern Colorado in renewal of cable agreements and is very familiar with the standards and cable needs of the communities in this area.

Tom Duchen stated that pursuant to the Cable Acts of 1984 and 1992, there is a renewal process which governs the way in which a cable operator seeking to continue to provide service in the community is required to work with the county in the course of proceedings. Under the Cable Acts, there are basically two tracts: 1) The formal process which is being commenced today; and 2) Informal negotiations between the County and Columbine to discuss future services the county is interested in obtaining. In addition, there will also be a component with respect to evaluating the possibility of the dissemination of information over a county-wide channel. Mr. Duchen noted that there are currently four cable operators in the county and public hearings will be held with each for an analysis of their past performance, etc.

Bob Carnahan, General Manager Columbine CableVision, provided a brief history of the company, noting that they have operated in Larimer County for fifteen years and have recently renewed their franchise with the City of Fort Collins for an additional fifteen years.

At this time, the hearing was opened for public comment: Kelly Ohlson, former Fort Collins City Council member, reviewed the history of cable vision in Fort Collins and emphasized that even though some people view this as a private sector issue, because of the cable agreement approved years ago, it is the role of government and governing bodies to oversee and look out for the public interest to make sure that the public has good quality service. Mr. Ohlson described some problems he has had with Columbine and wondered why they are so far behind with current technology; he noted, however, that whenever he calls with a problem, the employees at Columbine have been very receptive. Mr. Ohlson also addressed the lack of public access, noting that, in his opinion, all the county meetings should be televised throughout the county; the Board responded that they are very committed to public access and are working diligently to achieve that goal. Annalee Muller complained about what is contained in the basic program package--she would like to see Bravo, Learning Channel, American Movie Classics, and more educational channels. Mr. Carnahan responded that they are only allowed a certain number of channels (52) and have tried to offer a very broad spectrum in their package; they only have three open channels and are saving one to be the county channel.

The meeting recessed at 2:35 p.m.

PUBLIC HEARING REGARDING FANCH (INTERMOUNTAIN)

COMMUNICATIONS CABLE TV RENEWAL

(#193 @ 2300 & #194)

The Board of County Commissioners reconvened at 6:30 p.m. for a Public Hearing regarding the Fanch (Intermountain) Communications Cable TV Agreement Renewal. Chair Disney presided and Commissioner Clarke was present; Commissioner Duvall was absent due to illness, as noted previously. Also present were: Russ Legg, Cable TV Coordinator; Mike Bryant, Public Works Access and Utility Coordinator; Tom Duchen, President River Oaks Communications Corporation and Consultant for Larimer County; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Chair Disney opened the public hearing and stated that the first order of business is for the Board to approve a Resolution commencing the cable hearing renewal proceedings.

M O T I O N

Commissioner Clarke moved that the Board adopt a Resolution Commencing Cable Television Renewal Proceedings Pursuant to the Cable Communications Policy Act of 1984 and the Cable Television Consumer Protection and Competition Act of 1992, and authorize the Chair to sign same.

Motion carried 2 - 0.

R95-08g RESOLUTION COMMENCING CABLE TELEVISION RENEWAL

PROCEEDINGS PURSUANT TO THE CABLE COMMUNICATIONS

POLICY ACT OF 1984 AND THE CABLE TELEVISION CONSUMER

PROTECTION AND COMPETITION ACT OF 1992 (Fanch Cable

Vision of Colorado)

Mr. Legg briefed the Board and the audience regarding the procedure to be followed for the renewal of cable television agreements in the county, noting that this hearing is the first stage of a year-long process in renegotiations of the cable television agreement with Fanch Communication of Colorado, known in this area as Intermountain Cable. Mr. Legg stated that Intermountain Cable serves the area of LaPorte, portions of the Country Club area, areas east of Fort Collins, etc. As the current agreement will be expiring soon, Mr. Legg stated that the purpose of this hearing is to provide an opportunity for the public to make comments to the Board, staff, and the recently hired cable consultant, to acquaint them with the concerns and problems they have been having, if any, with the cable company.

Tom Duchen stated that there are two aspects to the renewal process: 1) Past performance; and 2) Future cable related needs of the community and, in this process, public input is very important. Mr. Duchen noted that under the Federal law, there are certain things the county can and cannot do; one thing the county can do is discuss with the cable operators the potential, opportunity and feasibility for dissemination of county programs and services information over cable systems. One thing the county cannot do is with regard to programming--the governmental entity can state in the agreement that certain broad categories of programming are to be covered; however, it cannot require cable operators to carry a certain channel or that a certain channel be removed from the system. Mr. Duchen noted that in terms of the fees that are charged, the county is not certified to regulate rates; he stated that regulation is a very expensive, complicated, and time-consuming process and there are over 1200 pages of regulations.

Greg Paulson, General Manager Intermountain Cable, reviewed the history of his company and noted they specialize in smaller cable operations in the Fort Collins area and serve approximately 5,000 subscribers. Mr. Paulson stated that the poorly built cable company, owned by Kiva, was purchased approximately six years ago and, over the years, they feel they have improved the quality of the pictures, added many new channels, etc.; however, recently they have had some picture quality problems, which he attributed to the cold weather. He apologized for the trouble and wished they could have prevented it; the problems are being worked on and everything should be working properly, and they intend to continue improving the system. Mr. Paulson noted the recent implementation of the 1-800 service number was also causing problems, which they hope to correct.

At this time, the hearing was opened for public comment. The following persons addressed the Board with their concerns: Ingrid Simpson, Bill Morrow, John Hunsinger, Myrtle Houseruff, Barbara Trevarten, Gina Waddis, Nancy Baiman, Phillip Soper, Larry Beckman, Bill Loy, Lloyd Warrington, Larry Johnson, Phillip Waddis, Betty Leis, and Lou Garten. These persons all expressed the same concerns and had the same complaints, such as: inconsistent and usually poor reception, intermittent snowy pictures, unhappiness with not having local service and local number to call with complaints, requests for different kinds of programming and desire for local news and governmental meetings, rate increase, etc. Barbara Trevarten, Manager of Cloverleaf Mobile City with over 140 subscribers, outlined six complaints she repeatedly hears from subscribers: 1) Reception has become progressively worse; 2) Extreme lapse of time (several months) between the time an individual is hooked up and when the cables are buried, which creates a real safety hazard; 3) Absence of local service number; 4) Questions why rates were raised when reception is so bad; 5) Poor service; and 6) Lame excuses - if the wire that Kiva installed originally was so poor, why not correct it? Mr. Morrow asked what the Board does regulate; Mr. Legg responded that the current agreement provides for specific standards of quality, adequate customer service, and provision of original construction of the system. Mr. Morrow responded that if the county was in charge of inspecting the installation of the system by Kiva, then the county failed because it was poorly installed; he noted that there are consistently 3 to 5 channels they can't get and so they always deduct 15% from their bill. Mr. Bryant responded that the county hires a consultant to inspect new cable construction and those charges are back billed to the company; he further noted that they are currently in the process of doing an investigation to determine the extent of the problems.

Mr. Paulson responded to the public comments, stating that his company is attempting to negotiate with Columbine to get the local Channel 14 on their system; he stated he would like to meet personally in the homes with everyone who has a problem, at their convenience, and solve their problems. The audience asked for his phone number and he responded that until February 1, 1995 it will be 234-9851; he noted they are in the process of moving into a new office in Lakewood and if the old number is dialed, the operator will provide them with the new number.

Commissioner Clarke stated that it is very obvious that the subscribers for this cable service have some very serious problems with regard to Intermountain providing the quality service they are paying for; therefore, he would like to have another meeting in ninety days to have an opportunity to meet again with these subscribers to see if these problems have been resolved. CONSENSUS OF THE BOARD was to direct Mr. Legg to schedule this meeting, to be duly advertised.

The meeting adjourned at 7:45 p.m.

TUESDAY, JANUARY 31, 1995

PRESENTATION ON RECOMMENDATIONS OF NORTHERN LARIMER

COUNTY LAND USE SYMPOSIUM

(#194 @ 1300)

The Board of County Commissioners met at 9:30 a.m. with Neil Gluckman, Assistant County Manager, for a Presentation from the Northern Larimer County Land Use Symposium. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: Director of Planning John Barnett; Chief Planner Russ Legg; Director of Public Works Rex Smith; Engineering Services Manager Elaine Spencer; County Manager Frank Lancaster; and approximately ten members of the Northern Larimer County Land Use Symposium Planning Team. Recording Clerk, S. Graves.

1. Introduction: Mr. Gluckman opened the meeting by stating that approximately fifteen members of the Planning Committee met last night to devise the action steps to be shared with the Board today, and which are as follows:

2. Background on the Symposium: Bob Fetsch thanked the Board for their courage in attempting a new approach, such as the Land Use Symposium, to issues such as land use planning, noting that Larimer County is in a time of rapid change. Mr. Fetsch expressed appreciation to Maggie Carter, Facilitator of the Symposium, for bringing together 75 diverse people representing development, homeowners, environmentalists, farmers, ranchers, etc. Mr. Fetsch provided a brief history of the Symposium, outlining the four purposes of the land-use symposium and the six steps taken to plan the symposium.

3. Background on the Process: Bridgetta Dempsey stated that her purpose today is to discuss the intangibles, the things the participants experienced at the meetings, and the hopes they generated for the future. She noted that even though the group was very divergent, they came to realize they shared the same basic fundamental values and goals and trust became a reality. Ms. Dempsey further stated that even though in specifics and details, the participants had a lot of different opinions, they explored their fears and it became evident that they all care about the future of Larimer County; many of them were changed by the process and they want to see it carried into specifics.

4. Symposium Recommendations: Madalene Fetsch stated that at the Symposium it was recommended that the participants come up with three or five recommendations; however, because of the nature of the issue, they came up with a lot of specific topics and are still working on them. Ms. Fetsch briefly outlined the recommendations, which are: to update the land-use plan, devise new land management strategies to accommodate growth, create or improve the data maps in planning, do a cost benefit analysis, encourage infill, gain respect for everyone's rights, continue this involved process, and increase community input.

5. Planning Team Recommendations: Kathryn Stowe outlined the four recommendations made by the Planning Team: 1) Hold additional symposiums to deal with specific issues in northern Larimer County which remain unresolved; 2) The Board of Commissioners follow through on the recommendations as outlined by Commissioner Disney at the end of the Symposium; 3) The Citizens Planning Team remain in place to coordinate further citizens meetings and address other items which would include current members and additional volunteers; 4) Hold a minimum of two Community Forums to disseminate information to the public regarding the recommendations.

6. Community Forums: Lucille Schmitt re-emphasized to the Board how the mood of this large diverse group at the Land Use Symposium changed over the course of four days from a charged, adverse, and opinionated group into a congenial group. Ms. Schmitt stated that, in her opinion, there should be three Community Forums held instead of the two recommended, and they should follow the same format and process used at the Symposium; she noted that they have recommended one meeting be held a weekday night, and one a weekend day, each for three hours, and she thinks it is important the Commissioners participate in these Forums.

Chair Disney expressed appreciation to Commissioner Duvall, who proposed the Symposium, Facilitator Maggie Carter, and to all the members of the Planning Team and Symposium for all their time and efforts to make the Symposium such a success. Commissioner Duvall stated she is just happy that it made a permanent change in the outlook and mood of the people. The Board indicated they are committed to following up on the recommendations, such as scheduling the Community Forums, having the original group of the Symposium continue to work on, and bring closure to, the unresolved issues of the 35-acre issue, cluster development, zoning, etc.; it was noted that many of the recommendations made will be incorporated in the updating of the Comprehensive Land Use Plan. However, with regard to scheduling additional Symposiums, such as the one held in November, Chair Disney cautioned that there is a budget question which must first be resolved.

The meeting recessed at 10:20 a.m.

PRESENTATION OF ENVIRONMENTAL ADVISORY BOARD

ANNUAL REPORT

(#195)

The Board of County Commissioners reconvened at 1:30 p.m. with Jim Meiman, Chair of the Environmental Advisory Board, for a Presentation of their Annual Report. Chair Pro-Tem Clarke presided and Commissioner Duvall was present; Chair Disney was attending the Upper Front Range Regional Planning Commission Meeting in Greeley this afternoon. Also present was Frank Lancaster, County Manager. Recording Clerk, S. Graves.

Mr. Meiman presented the first Annual Report of the Environmental Advisory Board (EAB) and reviewed the history of the EAB, noting that the Board was formed eighteen months ago, with ten members appointed by the Commissioners serving on the Board. Mr. Meiman stated that the purpose of the EAB is to provide the Commissioners a link, other than political, to the citizens and to serve as a sounding board for overall environmental policy and issues for the Commissioners and county departments and to address gaps in county environmental policy not now being addressed. Mr. Meiman noted that the EAB has listened to the citizens, county staff, and Commissioners in an attempt to identify environmental concerns, resulting in five task groups being formed to address air quality, water quality, wildlife, wetlands, land use, internal environmental policy, and public outreach.

Mr. Meiman stated that the principal focus of the Annual Report is a series of ten recommendations presented in two groupings. The first four recommendations, given a top priority ranking by the EAB, are: 1) Land Use Planning; 2) Environmental Guidelines; 3) Air Quality; and 4) Chapter 70 Implementation. The second grouping, given a high priority ranking are: 1) Poudre Watershed Management; 2) Lights, Signs, and Noise; 3) Construction Near Streams; 4) Weeds; 5) Drinking Water Reservoirs; and 6) Wildfire Detection. Mr. Meiman reviewed each of the recommendations with the Commissioners and requested a response from them regarding their priorities and directions for the EAB, in an effort to bring about successful implementation of these priorities. Mr. Meiman stated that there needs to be a vision of what Larimer County should be in the future and not just have things happen by default.

Commissioner Duvall stated that she is in full support of the recommendations made by the Environmental Advisory Board, noting that she strongly believes in more citizen input regarding environmental issues and that the citizens know there is a mechanism for their voice to be heard. Both Chair Pro-Tem and Commissioner Duvall informed Mr. Meiman that they would like the EAB to be involved in the revisions to be made to the Comprehensive Land Use Plan. Mr. Lancaster stated that he wants to make sure that we don't just have a great report - we need to decide where to go from here and concentrate on the four top recommendations; after discussion, it was decided that the Commissioners will discuss these recommendations in detail during their next Policy Worksession. In addition, Chair Pro-Tem Clarke also suggested that an executive summary be prepared regarding these recommendations to share with other staff members and boards and commissions in the county; he suggested that in the future whenever the Board receives a report from anyone, an executive summary should be prepared to share with all interested groups.

Chair Pro-Tem Clarke and Commissioner Duvall expressed their appreciation to Mr. Meiman and the Environmental Advisory Board for all their efforts and hard work in serving on the Board.

The meeting recessed at 2:20 p.m.

INTERVIEWS FOR DIRECTOR OF HUMAN DEVELOPMENT POSITION

The Board of County Commissioners reconvened at 3:00 p.m. to conduct several interviews for the position of Human Development Director. Chair Pro-Tem Clarke presided and Commissioner Duvall was present. Also present were Ralph Jacobs, Human Resources Director, and Frank Lancaster, County Manager.

M O T I O N

Commissioner Duvall moved that the Board go into Executive Session to conduct interviews for the Human Development Director's position.

Motion carried 2 - 0.

The Executive Session and interviews adjourned at 5:30 p.m.; no action taken.

WEDNESDAY, FEBRUARY 1, 1995

ADMINISTRATIVE MATTERS

(#196)

The Board of County Commissioners met at 9:30 a.m. in regular session with Frank Lancaster, County Manager. Chair Pro-Tem Clarke presided and Commissioner Duvall was present; Chair Disney was attending the Colorado Rockies Regional Cooperative Partners Meeting in Estes Park. Also present were: Paul Cooper, Director of Community Corrections; Brent Nittmann, Program Manager Youth Services Bureau; Mike Burch, Risk Manager; Bob Keister, Budget Manager; Dick Anderson, Facilities Manager; Donna Hart, Assistant to the County Manager; and Neil Gluckman, Assistant County Manager. Recording Clerk, S. Graves.

1. TEAM FORT COLLINS REQUEST FOR COUNTY TO SERVE AS FISCAL AGENT FOR GRANT ADMINISTRATION: The Board received a request from TEAM Fort Collins for the Larimer County Youth Services Bureau to serve as the applicant and fiscal agent for the Build a Generation, Title V Delinquency Prevention Program, funded through the Department of Criminal Justice. Mr. Nittmann noted that $50,000 is being requested, for a three-year period, to be used for planning and research. Mr. Cooper indicated that one of his employees could assume the responsibility of this pass-thru money, as the money will be funneled through the county as the grant requires. Chair Pro-Tem Clarke stated that his understanding is that if the county doesn't do this for TEAM, they will not be eligible for these funds. Commissioner Duvall asked if these monies should be channeled through the Finance Department, rather than through Community Corrections; discussion followed regarding this suggestion.

M O T I O N

Commissioner Duvall moved that the Board request the Finance Department to set up the financial structure for the Community Corrections Department to serve as the applicant and fiscal agent for grant administration for the Building a Generation, Title V Delinquency Prevention Program for TEAM Fort Collins.

Motion carried 2 - 0.

2. INTRODUCTION OF NEW ASSISTANT RISK MANAGER: Mr. Burch introduced Mrs. Cheryl Anderson Siler to the Board as the new Assistant Risk Manager for Larimer County; Mr. Burch noted that Ms. Anderson Siler's main focus in her employment will be to concentrate on loss prevention in the county. Ms. Anderson Siler greeted the Board and stated that she is very glad to be here.

3. RESOLUTION CONCERNING THE EXTENSION OF TIMBERLINE ROAD (COUNTY ROAD 11): A Resolution to the City of Fort Collins from the Commissioners supporting the completion of the Choices 95 Timberline Extension Project was introduced for approval and the Chair Pro-Tem's signature. Commissioner Duvall stated that after conducting research on this project, she has discovered there are some unresolved issues; such as, what to do with County Road 9 and what will happen to the natural area that is supposed to go over riverbend ponds, etc. After discussion, the Board decided to discuss this matter with Rex Smith, Public Works Director, before signing the Resolution as they want to know the exact route of the extension.

M O T I O N

Commissioner Duvall moved that the Board table the decision regarding the Board's endorsement of a Resolution Supporting the Completion of the Choices 95' Timberline Extension Project until they have more information regarding this matter.

Motion carried 2 - 0.

4. REQUEST FOR APPRAISAL OF EXTENSION DIRECTOR FROM CSU: Mr. Lancaster reminded the Board that CSU Extension is a partnership between the County and the State of Colorado, and the Extension Director, Laurel Kubin, also works for CSU. The Board received a request, in the form of a questionnaire, as a part of the appraisal process, from CSU regarding Ms. Kubin. As all three Commissioners each filled out a separate questionnaire, all three copies will be sent in to Ms. Kubin's supervisor.

5. DISCUSSION OF ESTES PARK FACILITIES: Mr. Anderson reviewed the history behind the project for the relocation and/or consolidation of the county offices in Estes Park, and presented a breakdown of the costs for co-locating the offices adjacent to the existing school administration offices. Mr. Anderson stated that currently the county offices are located in several different locations in Estes Park, including several offices in the Municipal Building, and the City is discussing a need for this space. Mr. Anderson further stated that it would cost approximately $200,000 just to purchase the land to build a new county facility. Mr. Anderson has been working with the Park School District and together they have devised a project in which the school district will provide adjacent land, now used as a parking lot, to accommodate an addition of 6,153 square feet for county offices; the project would also include renovation of the maintenance shop to facilitate a shared conference room, added office space for the school district, a 5,000 square feet maintenance shop building, and relocated asphalt parking, at a total cost for the project of $944,167. Chair Pro-Tem Clarke asked if this project would be cost effective; Mr. Anderson stated that it will be over a period of thirty years. Mr. Anderson stated that by doing a portion of the architectural/engineering in house and having Road and Bridge assist with site development, a savings of $45,000 could be realized, which would make it a $900,000 project. The Board will discuss this matter with Public Works Director Rex Smith at the next Public Works Meeting.

M O T I O N

Commissioner Duvall moved that the Board approve the request from the Facilities Manager to authorize the allocation of $900,000 from the Capital Expenditures Fund to finance the consolidation of the county offices in Estes Park in conjunction with the Park School District.

Motion carried 2 - 0.

6. DISCUSSION OF YOUTH DETENTION FACILITY: Mr. Anderson presented a site plan of the proposed Larimer Intake Facility, as prepared by RNL, the architect hired by the State and the same firm the county contracted to be the architect for the proposed new courthouse and administrative offices building. Commissioner Duvall expressed her dissatisfaction with the site plan, noting that the State has not responded to the county's wishes at all and the footprint of their facility overlaps by at least one acre onto land not given to them for this purpose. The Board was not happy with the site plan as presented, and further discussion about the plan will take place tomorrow when the Board meets with the State.

7. WORKSESSION:

-- Request to use 1994 Carryover funds to supplement County Technology Pool: Mr. Lancaster informed the Board that it appears that the county is going to have at least $400,000 in carry-over funds from the 1994 budget not earmarked for other uses and, at the Board's discretion, these funds can be designated for whatever use they decide. Mr. Lancaster noted that $600,000 has been designated for all computer needs in the county for next year, but there are currently requests of over $3 million for computers and technology; therefore, he requested the Board authorize the 94' carryover be used for technology upgrade. Mr. Keister stated that it looks like revenues will be about $500,000 over what was budgeted; however, at this time he does not know what the departments will turn back, because they still have a lot of outstanding purchase orders, agreements, etc. Commissioner Duvall stated she is not comfortable designating all the carry-over funds for technology, as additional funding is needed for Parks, Human Development, Facilities, fire fighting bills, etc.; however, she is in support of designating a portion of it for technology. Chair Pro-Tem Clarke requested that, in the meantime, the technology committee compile a priority list of the $3 million in technology requests and he also would like to see some specificity of what the money will actually be used for.

-- Items for Next Week's Standing Meetings: Mr. Lancaster informed the Board that the agenda items for next weeks Public Works Meeting will be: 1) Adopt-A-Road Program; 2) Support for the Estes Park County Offices Facility; 3) Information on the Timberline Extension. The agenda for the Planning Worksession will be the GIS Presentation.

-- Items for Policy Worksession: Mr. Lancaster stated that the agenda items for the Policy Worksession will include two items for Executive Session: 1) Discussion of Human Development Director; 2) An additional Personnel matter. Items for open discussion will be: 3) Discussion of the Environmental Advisory Board Recommendations; and 4) Discussion of Department Head Appraisals.

-- Board Invitations: Ms. Hart reviewed the pending invitations with the Board.

8. COMMISSIONERS REPORTS - ADMINISTRATIVE:

-- Commissioner Duvall reported on an Extension Advisory Board Meeting she attended recently, noting that there is a movement going on statewide to reinvent Extension; she wanted to make it clear that she is very supportive of Extension, as it is now, as they have a program to manage small acreages and help preserve the agricultural aspects of our economy.

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

M O T I O N

Commissioner Duvall moved that the Board approve the Minutes for the week of January 23, 1995 and the Schedule for the week of February 6, 1995, as submitted.

Motion carried 2 - 0.

M O T I O N

Commissioner Duvall moved that the Board approve the following miscellaneous documents: Fort Collins Business Center Amended Plat; Meadowdale Hills 2nd Filing Amended Plat; Carter Lake Marina License Renewal; Fourth Quarter Report for 1994 and the 1994 Annual Report.

Motion carried 2 -0.

LIQUOR LICENSES: Licenses were issued to River Forks Stage Stop, Inc., with a WAIVE OF HEARING for a Change of Ownership for a Hotel and Restaurant 6% License - WITH EXTENDED HOURS - Drake, CO.; Red Feather Liquors - 6% - Red Feather Lakes, CO.; and Cloverleaf Race Track - 6% - Loveland, CO. County Approval was granted to Best Western Coach House Motor Inn of Loveland - 6% - Loveland, CO.; Horsetooth Marine Resort - 3.2% - Fort Collins, CO.; and Drink-N-Dawg - 6% - LaPorte, CO.

M O T I O N

Commissioner Duvall moved that the Board approve the following documents:

C95-06 CONTRACT FOR REMOVING SNOW FROM THE STREETS OF

LITTLE VALLEY GENERAL IMPROVEMENT DISTRICT NO. 14

LARIMER COUNTY, COLORADO BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND JIM NYTES CONSTRUCTION

MATERIALS OF ESTES PARK, COLORADO

C95-07 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND GNA, INC. OF ENGLEWOOD, COLORADO

(Consultant Bridge Design Contract - Project #200 - Cottonwood Creek

C95-08 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND BERRY & ASSOCIATES (Professional

Appraisal Services for Project #148 - Centennial Drive)

D95-02 DEED OF DEDICATION BY ARTHUR L. MEYER AND MARILYN

J. MEYER (Project #160 - Coal Creek Bridge)

R95-09g RESOLUTION FOR THE DEVELOPMENT OF A

TRANSPORTATION DEVELOPMENT PLAN

R95-10s FINDINGS AND RESOLUTION GRANTING THE VACATION OF

UTILITY EASEMENT IN NAMAQUA HILLS

R95-11s FINDINGS AND RESOLUTION GRANTING THE VACATION OF

UTILITY EASEMENT IN SUNNYSLOPE ACRES 3RD

R95-12s FINDINGS AND RESOLUTION APPROVING THE VACATION OF

DEDICATED RIGHT-OF-WAY IN THE ANDERSON SUBDIVISION

R95-13s FINDINGS AND RESOLUTION APPROVING THE PRELIMINARY

PLAT OF STANTON BRIDGE SUBDIVISION, FORMERLY KNOWN

AS ENCLAVE SUBDIVISION

R95-14s FINDINGS AND RESOLUTION APPROVING THE PRELIMINARY

PLAT OF TIMNATH MEADOWS ESTATES SUBDIVISION

R95-15g RESOLUTION ADOPTING AMENDMENTS TO LARIMER COUNTY

CONTRIBUTORY RETIREMENT PLAN AND TRUST AGREEMENT

BY THE BOARD OF COUNTY COMMISSIONERS OF LARIMER

COUNTY COLORADO

Motion carried 2 - 0.

At this time, County Attorney George Hass joined the meeting for Legal Matters.

1. Discussion of Concerns regarding the Sandy Flats Quarry: In response to questions raised previously by Commissioner Duvall concerning the Sandy Flats Quarry, Mr. Hass provided clarification regarding the two quarry sites. Mr. Hass noted that the Weaver Quarry site has a Federal mining claim on it and Sandy Flats does not; the question has been raised whether or not the county can condition approval of Sandy Flats that Colorado Lien cannot start mining at the new site until the Weaver site is finished and reclaimation is started, or the site is abandoned. Mr. Hass stated that in order to preserve the Federal claim, a minimal amount of work has to be done the claim annually; he noted, however, that this work can be very, very minimal. Discussion followed regarding the possibility of the county taking over the Federal claim and making it into a conservation easement; other possibilities were also discussed. Mr. Hass informed the Board that the county cannot demand that the mine be abandoned or that the mine be closed; however, they could propose that a goodwill agreement be negotiated between the two parties that the Federal mine only be kept open minimally.

2. Agenda for Worksession Next Week: Mr. Hass noted that the topics for discussion during the Worksession with the Board next week will be: 1) HB 1041 - Statewide designation of areas of statewide interest and land use implications; 2) Role and protocol for conducting 106 hearings, as well as quasi-judicial and non quasi-judicial public hearings, and administrative matters; 3) Conflict of interest outline as pertains to boards and commissions. The Board will request that John Barnett, Director of Planning, also attend the Worksession.

The meeting adjourned at 11:15 a.m.

THURSDAY, FEBRUARY 2, 1995

MEETING WITH PAUL COOPER AND REPRESENTATIVES OF THE DIVISION OF YOUTH SERVICES REGARDING THE PROPOSED JUVENILE DETENTION FACILITY

(#197 & 198)

The Board of County Commissioners met at 2:30 p.m. with Paul Cooper, Director of Community Corrections and Representatives of the Division of Youth Services regarding the proposed Juvenile Detention Facility. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: Frank Lancaster, County Manager; Brent Nittmann, Program Manager for the Youth Services Bureau; Dick Anderson, Facilities Manager; Richard Shockley, Larimer County Sheriff; H. Joshua Gould, Associate Principal with Interplan; Kris Hedberg, RNL Architect; Jerry Adamek, Colorado Director of Youth Services; Robert Neidringhaus, DYS Project Manager; Robert Sutherland, Facilities Manager for State Department of Institutions; Robert Maloney, Program Manager with Heery International (consultant retained by State of Colorado); Toni Jo Gray, Assistant State Attorney General. Recording Clerk, A. Jensen.

Mr. Gould began the meeting by presenting a drawing of the proposed site for the Juvenile Detention Center incorporating changes made in response to the meeting Mr. Anderson had with the Commissioners prior to this meeting. Ms. Hedberg distributed a handout entitled Larimer County Intake Facility Conceptual Program and Budget. Mr. Adamek reviewed the events briefly that have led up to this meeting, expressing his hopes of resolving any differences that exist and willingness to work from the County's master plan for the site. Mr. Gould briefly discussed the County Court's planning progression and the diagram presented. Sheriff Shockley sought clarification when asking Mr. Adamek if the State will not be funding the Intake Facility. Mr. Adamek responded that the State can not fund this building with further appropriations from the Legislature.

Mr. Clark requested a concise history of the progression of negotiations and the benefits Larimer County will experience with the Juvenile Detention Center locale. Mr. Adamek stated there are numerous positives to locating the Center in Larimer County such as savings to local law enforcement transportation costs and the economic impact of 60 jobs being created.

Discussion moved to the Intake Facility and the benefits of having such a facility to provide a central drop-off point for juveniles to make a thorough assessment of the circumstances surrounding a particular juvenile to determine the next course of action. The Intake Facility would allow a quicker turnaround for law enforcement officers to return to other duties. Much discussion ensued which included the topics of: co-mingling detainees, construction costs of sharing a common wall and facilities such as the kitchen, dining and recreation areas, the importance of maintaining a separate facility from the state, the architecture of the structure in relation to local issues and security measures.

Commissioner Duvall stated she originally supported donating the land to the State if funding for an Intake Facility was provided by the State, otherwise Commissioner Duvall will not support the proposal as submitted from the State. Sheriff Shockley and Commissioner Clarke voiced their concurrence with Commissioner Duvall's statement. Chair Disney and Mr. Cooper spoke in favor of building the Juvenile Detention Center regardless of whether or not the State funds the construction of the Intake Facility. Consensus of the Board was to ask Mr. Adamek to ask the Legislature for increased funding for the Intake Facility, otherwise voting in favor of this project as currently submitted will not be forthwith. Mr. Adamek responded to the inquiry of where the Juvenile Detention Center will locate if not in Larimer County by stating the next step will be to approach Weld County as well as Adams County.

The meeting adjourned at 4:10 p.m.



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JIM DISNEY, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:


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Sherry E. Graves, Deputy County Clerk


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Aimee Jensen, Deputy County Clerk

February 2, 1995