PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, JUNE 10, 1996

LAND-USE PLANNING MEETING

(#44)

The Board of County Commissioners met at 3:00 p.m. in regular session with Jerry White, Zoning Administrator. Chair Clarke presided; Commissioners Disney and Duvall were present. Also present were: Richael Michels, Planner I; Rex Burns, Project Engineer; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Chair Clarke noted that a request has been received to table the Dunlap Minor Residential Development Appeal (#96-EX0878) until July 1, 1996.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners table the Dunlap Minor Residential Development Appeal (#96-EX0878) until July 1, 1996, as requested.

Motion carried 3 - 0.

1. SAULCY MINOR RESIDENTIAL DEVELOPMENT CHANGE OF

CONDITION (#94-EX0565): SE 1/4 29-05-68 ON THE NORTHWEST

CORNER OF COUNTY ROAD 9 AND COUNTY ROAD 16;

133.9 ACRES; 2 LOTS; FA-FARMING ZONING

This is a request to change the condition of approval of the Saulcy MRD which required any further division of Lot 1 to have County review; the applicant wishes to split Lot 1 into two parcels of 64 and 70 acres, with the condition that the 70-acre parcel not be built upon and that no division will occur on either parcel without County subdivision or PUD review. Ms. Michels described the request and noted that the Board is being asked to allow this division to occur without a full county review in order to create a building site and another lot which will not be a building site; she noted that the County Attorney has advised that a condition #6 be added and the applicant has asked that under staff findings #2 that the word "residential" be added to the sentence...only one "residential" building permit... Staff findings include: 1) The Saulcy MRD was approved in 1994 with the condition that Lot 1 would not be further divided without Larimer County review and approval; 2) Division of Lot 1 along the natural boundary of the irrigation ditch will not create any additional impacts so long as only one residential building permit is issued for the entire 134 acres and no additional building sites are created; 3) The approval of this request to change the original conditions of approval, with certain requirements, should not adversely affect the health, safety, or welfare of existing residents or place any additional impacts on the County or its provision of services.

The staff recommendation is for approval of the change of conditions of the Saulcy MRD to allow the division of Lot 1 without full county review, with the following conditions: 1) An Amended MRD plat must be completed showing the new boundary lines; 2) The northern 70 acres of Lot 1 must be labeled: "Not a building site"; 3) A note must be placed on the plat which states: "Lot 1 shall not be issued any building permits nor shall any division of any type occur on this lot without the review and approval of a subdivision or Planned Unit Development by Larimer County"; 4) Any development of Lot 1A shall be subject to all the conditions set forth in the original approval of the Saulcy MRD; a note to this effect shall be placed on the final Amended Plat; 5) The owner of Lot 1A must obtain an access permit and comply with any conditions established for said permit before creating an access onto the County Road; 6) Any further subdivision of either Lot 1 or Lot 1A will require formal review and approval by Larimer County.

Dan Stroh, representing the applicant, informed the Board that Mrs. Saulcy is in agreement with all the conditions and has agreed that Lot 1 will be retained as a pasture and not be built upon; he further noted that Little Thompson Water is in the process of putting in a six-inch water main along CR 40 so additional water service will be provided for this area; discussion followed.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and staff recommendation and approve the Saulcy Minor Residential Development Change of Condition (#94-EX0565), with the conditions as outlined and amended.

Motion carried 3 - 0.

2. BODIG MINOR RESIDENTIAL DEVELOPMENT APPEAL (#96-EX0879):

SW 1/4 33-10-68 ON THE EAST SIDE OF COUNTY ROAD 9, 5 MILES

NORTH OF WELLINGTON, 2 MILES WEST OF I-25; 40 ACRES;

2 LOTS; O-OPEN ZONING

This is a request to appeal the MRD application criteria to allow an MRD application to be processed on property located outside of the approved area and on land divided since 1972. Ms. Michels described the location of the proposal, provided an analysis of the area, and reviewed the major concerns and issues; she noted that this application is specifically the type of land division that motivated the MRD criteria to be altered in 1993 to discourage such division. Staff findings are: 1) The Minor Residential Development Regulations were amended in 1993 by the Board of County Commissioners to allow applications for MRDs to be processed only for properties not divided since 1972 and which are located within certain townships; 2) Approval of this appeal would set a precedent for further MRD appeals on other 35 acre parcels in this location; 3) Staff is not likely to support the division of this property; 4) Approval of this appeal could incorrectly indicate to the applicant that the Board of County Commissioners will approve the resulting MRD application. Staff recommendation is for denial of the Bodig Minor Residential Development Appeal.

Mark Bodig, applicant, addressed the Board and stated he wants to divide this parcel so he may retain the 30-acre parcel and build a second home on the lot; he is willing to make any stipulation that is required to prevent other divisions on this lot at a later point in time and he is willing to build his house on any portion of this lot. Commissioner Duvall expressed her concern that this type of 35+-acre parcel was created without county review and then to request further division, with no benefit of overall planning or review, is very detrimental to the quality of life the County is trying to protect in Larimer County; Commissioner Disney concurred and stated that approval of this request would set a bad precedent. Chair Clarke expressed concern about the lack of neighborhood compatibility if this request was approved.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners adopt the staff findings and staff condition and deny the Bodig Minor Residential Development Appeal (#96-EX0879).

Motion carried 3 - 0.

3. ROCKY RIDGE CAMPGROUND SPECIAL REVIEW (#94-ZR0402):

NW 11-08-69 SOUTH OF COUNTY ROAD 60 AND ONE MILE

WEST OF COUNTY ROAD 15 (WAVERLY ROAD); 80 ACRES;

O-OPEN ZONING

This request is for Special Review to allow a campground along with a previously approved sporting/recreation club (Rocky Ridge Sporting & Conservation Club (#93-ZR0305). The campground is proposed to have a total of 25 sites to be developed in two phases and will be available only for members of the "sporting club" and not open to the general public. Mr. White described the project and reviewed the history of the site and the major concerns and issues; he noted that the applicant has worked hard to make this proposal consistent with the County campground regulations and it is consistent with all the standards, except for the one provision that requires a comfort station, which includes toilets, lavatories, and showers. Mr. White stated that the applicant went to the Board of Adjustment and requested a variance from that one requirement and the variance was granted with three minor conditions. Mr. White noted that all the technical provisions can be met and comments from reviewing agencies indicate nothing of major significance. Staff findings are: 1) The proposal is generally consistent with the intent and purposes of the Comprehensive Zoning Resolution; 2) If developed and operated according to the recommended conditions, the proposal will be harmonious with the surrounding neighborhood, and will not impact property values in the area; 3) The proposal will not impair the public health, welfare, or safety; 4) The applicant has agreed to comply with all recommendations in this report, and those of all reviewing agencies.

The Planning Commission/Staff recommendation is for approval of the Special Review, with the following conditions: 1) No RV or campsite is to be occupied except for temporary recreational purposes; no residential uses are permitted; 2) Must comply with conditions imposed by the Board of Adjustment on the variance request; 3) Identification signage shall be limited to one sign at the entrance, not to exceed 15 square feet.. Internal direction/information signs may be allowed with prior approval of County Planning; 4) A telephone shall be available at all times the site is occupied, for emergency use; 5) There shall be available on-site two 20 pound ABC fire extinguishers; 6) Campground shall comply with all requirements of the Mobile Home Resolution (Campground section), except for the provision of a comfort station; 7) Quiet time shall be enforced from 10 p.m. to 6 a.m.; 8) No decks, sheds, carport, or other structures shall be erected; 9) Applicant shall coordinate with the County Parks Department and the Colorado Division of Wildlife to develop a plan which protects the riparian and wildlife resources. This shall include provisions to protect the existing heron nests on the site; 10) Only self-contained recreation vehicles/campers equipped with a toilet, lavatory and bath or shower connected to an integrated holding tank may utilize the campground for overnight stays; 11) The water cistern and distribution system shall be designed by a registered professional engineer. The system shall be designed to provide adequate water pressure and volume over peak holiday weekend usage without the need for hauling additional water; 12) The sanitary sewer station shall be designed to provide adequate storage of wastewater over peak holiday weekend usage without the need for pumping. A permit from the County Health Department is required prior to construction; 13) A plan for servicing the water and sanitary stations shall be approved by the County Health Department prior to construction; the plan shall include provisions for monitoring the system status, delivering water from an approved source in an approved vehicle, and pumping of sewage by a licensed systems cleaner; 14) Applicant shall provide for dust and erosion control, and trash collection, as required by the County Health Department; 15) Applicant shall provide evidence that emergency vehicles will have access to the site at all times; 16) The access road shall be improved in accordance with the requirements of the County Engineering Department and the Poudre Fire Authority. An access permit must be obtained from the County Engineering Department; 17) Applicant shall provide a plan for approval of the County Engineering Department regarding the proposed surfacing and drainage in and around the camping area; 18) All improvements (including water, sewer, and road improvements) shall be in place prior to occupation of the campground; 19) Except as otherwise required by the above conditions, all development and use shall be consistent with the Zoning File Exhibit A-Application for Zoning Action and all submitted plans and information; 20) No further application for recreational use will be considered unless submitted as part of a Master Plan for the overall use of the property; 21) Existing sign shall be modified to clarify that the driveway is not an entrance and the sign shall provide directions to the proper entrance.

In response to Commissioner Duvall's question if the use on this property will change significantly over what has been done over the last several years, Mike Moreng, owner and operator of the Rocky Ridge Sporting and Conservation Club, responded that the use will not change significantly, only that this campground will allow him to use what he has more efficiently. Discussion followed.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners adopt the staff findings and Planning Commission/Staff recommendation and approve the Rocky Ridge Campground Special Review (#94-ZR0402), and the conditions as outlined.

Motion carried 3 - 0.

The meeting adjourned at 3:30 p.m.

WEDNESDAY, JUNE 12, 1996

ADMINISTRATIVE MATTERS

(#45 & #46)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Clarke presided; Commissioners Disney and Duvall were present. Also present were: Russ Legg, Interim Planning Coordinator; Rex Burns, Special Improvement District Administrator; Al Kadera, Subdivision Administrator; Gayle Morgan, Planning Staff Services Manager; Joni Friedman, ETS Administrator; Ralph Jacobs, Director Human Resources; Recording Clerk, S. Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: The following persons addressed the Board during the open session held for public comment: Grace Brownlee, Robin Ray and Elizabeth Jennings. Ms. Brownlee submitted a packet of information summarizing all the agreements, letters between the county staff, county attorney, homeowners association, etc. relating to the subdivision and development of Skyview South, 1st Filing from 1975 to the present. The original agreement of May 24, 1976 stated that "...upon completion of the construction of the streets...such streets shall become the sole property of the County..."; however, succeeding letters indicate that the streets were never accepted by the County because, following inspection of those streets, it was determined that a number of problems existed. Numerous letters followed and Assistant County Attorney Rick Zier, responding to a request from the homeowner's association, indicated that the statute of limitations for bringing suit is six years after the two year period for each SIA; Ms. Brownlee questioned why the County didn't do anything while the statute of limitations was in effect. The last letter in the file, dated October 20, 1982 from County Engineer William Campton, suggested that a meeting be held with the developer Everitt Enterprises and representatives from Skyview South 1st Filing to resolve this matter; however, there is no record that the meeting was ever held. Ms. Brownlee stated that she thinks the County is responsible because the homeowners tried to have these improvements completed back in the early 1980's and the matter was dropped by the County. After discussion, Chair Clarke assured Ms. Brownlee that a follow-up meeting with be scheduled to try and resolve this matter after staff has had an opportunity to review all the circumstances and details and consult with legal counsel. Commissioner Duvall stated she is sure that Everitt Enterprises would also want to resolve this matter and should be invited to the meeting; Commissioner Disney stated he would like to review all the options for resolution of this matter and ascertain what the fiscal impacts would be for each option. The Board directed staff to come back with findings and options for the Board to consider within four weeks.

Mr. Ray and Ms. Jennings, with NFR Information, stated they are very interested in the county's privatization project and requested a status report on the Task Force that is researching privatization for Information Management Systems (IMS). Mr. Lancaster provided a brief outline of the work that is being done in this area and he noted that a list of criteria was developed for each department to follow to determine if privatization is warranted. Mr. Lancaster recommended that Ms. Jennings and Mr. Ray talk to Mr. Smith, Interim IMS Director, about the study he is conducting on privatization.

2. APPROVAL OF SAMPSON MINOR LAND DEVELOPMENT FINAL PLAT: Mr. Kadera requested Board approval of the Sampson Minor Land Development Final Plat.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Sampson Minor Land Development Final Plat, and authorize the Chair to sign same.

Motion carried 3 - 0.

3. APPROVAL OF TRAPPERS POINT 2ND FILING FINAL PLAT AND SUBDIVISION IMPROVEMENT AGREEMENT: Mr. Kadera requested Board approval of the Trappers Point 2nd Filing Final Plat and accompanying Subdivision Improvement Agreement; he reminded the Board that the matters of most concern to the Board about this development were the wetlands and septic systems. With regard to the wetlands, Mr. Kadera stated that the developer has included some very strict conditions in the protective covenants to protect the wetlands; he further noted that Mr. Ryan has reviewed the septic systems plan and the developer has agreed to install the aerobic systems with management to be the responsibility of the homeowner's association. Mr. Kadera noted that staff is recommending approval; discussion followed.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve the Trappers Point 2nd Filing Final Plat and Subdivision Improvement Agreement, as requested, and authorize the Chair to sign both documents.

Motion carried 3 - 0.

A96-82 AGREEMENT AND ADDENDUM TO SUBDIVISION

IMPROVEMENT AGREEMENT AND DEVELOPMENT LOAN

AGREEMENT FOR TRAPPERS POINT SECOND FILING BETWEEN

THE BOARD OF COUNTY COMMISSIONERS AND PEAK TO

PEAK FINANCIAL, LLC.

4. AGRICULTURAL TASK FORCE APPOINTMENTS: A listing of the suggested volunteer members was presented, as recommended by the CORE Task Force, to serve on the Agricultural Task Force to assist in the PLUS process. Mr. Legg stated that the suggested members have been contacted and are willing to serve on this Task Force; he noted the first scheduled meeting of the Task Force is June 15, 1996 from 9 a.m. until 12:30 p.m. and he invited the Board to attend. The list included the suggested members, suggested alternates, and advisors/Ex-Officio members. The purpose statement listing the goals and objectives was submitted and reviewed and several revisions were suggested by the Board. Commissioner Duvall stated that the role of the Task Force needs to be clearly stated so they will know they are advisory and are to make recommendations to the elected Board of County Commissioners, who in turn makes the final decisions. Commissioner Duvall asked also if there is a way to include a measure of progress; it was noted that the Environmental Advisory Board has a requirement of the submittal of an annual report and it was agreed that the permanent Ag Task Force should have the same requirement. Commissioner Duvall proposed that the Commissioners establish an annual agricultural stewardship award for recognition of agriculturists who are managing their natural resources in an exemplary way; she suggested that this Task Force could help set up the criteria and evaluate nominations for this award.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners appoint Steve Anderson, George Wallace, Adrian Weaver, Phil Schnorr, Susan Moore, Bud Stump, Phil Teeter. Bob Graves, Lew Grant, Richard Seaworth, Ken Knievel, Dale Leach, Jenny McGraw, Ron Thaemert, and Mary Beth Simon to the Agricultural Task Force and appoint Ted Swanson and Gene Sauer as alternates and to include representatives of the Extension Office, Natural Resource Conservation Services, Poudre River Commissioner, Anheuser Busch, Inc., Open Space Advisory Board, CSU Facilities Management, and the Northern Colorado Water Conservancy District as ex-officio members.

Motion carried 3 - 0.

5. BONUS PLAN FOR LARIMER COUNTY ETS (LCETS) EMPLOYEES: Ms. Friedman requested the Board's approval of a Recognition Bonus Payment of $300 each for the LCETS team members who are actively working to develop and implement the recently funded Summer Youth Employment and Training Program; she noted that after months of being told there would not be a Summer Youth Program this year, in April they were notified that they would receive funds for the program. Upon notification of this funding, several team members willingly accepted the responsibility of coordinating this program, in addition to maintaining their regular work duties, and she would like to recognize the extra effort and work of these individuals; she noted that the bonus would come from the federal dollars that fund this program. Ms. Friedman stated she contacted the Governor's Job Training Office to insure it was allowable to utilize funds this way and they assured her it was within Federal guidelines.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve bonus payments of $300 each for the LCETS team members who are developing, implementing, and coordinating the Summer Youth Program; these monies to be derived from Federal grant dollars.

Motion carried 3 - 0.

6. DISCUSSION OF INTERIM DIRECTOR FOR COMMUNITY CORRECTIONS: Mr. Lancaster noted that a memo was received from Mr. Cooper in response to the Board's request for his recommendation for the appointment of an Interim Director for Community Corrections; Mr. Cooper stated that all three managers in the department are capable of assuming the responsibility, and each is willing to do so, but his specific recommendation is that Brent Nittmann be appointed based on his qualifications and his years of service in the department, his knowledge of department functions and county processes, and his experience with local and state collateral agencies. Mr. Lancaster recommended that the Board appoint Mr. Nittmann and give him a 10% out-of-title salary increase.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners appoint Brent Nittmann as Interim Director in Community Corrections, with a 10% increase in salary.

Motion carried 3 - 0.

7. WORKSESSION:

-- Juvenile Facility and Communications Update: Mr. Lancaster provided an update for the Board on the meeting held last Friday with the managers of chiefs of the other entities in Larimer County on these two issues. With regard to communications, Mr. Lancaster stated that everything went very well and everyone was committed to funding a study, but they asked for two things: 1) Poudre Fire Authority should be involved because they are a major player; and 2) LETA should be taking a major role in funding this study - up to 50%. Mr. Lancaster will write a formal proposal to submit to the LETA Board for their consideration at their next meeting on July 11, 1996. There was discussion regarding the number of call boxes placed around the County and that some have been installed at inappropriate scenic sites--such as at the top of Devils Gulch and Bald Mountain; Commissioner Disney will write a letter requesting more consideration be given of the surroundings when the call boxes are installed.

With regard to the juvenile holding facility, Mr. Lancaster stated that the discussion did not go so well and the small communities are not interested in funding a new facility--the only interested entities are the City of Fort Collins and Larimer County. Mr. Lancaster discussed this matter with Mr. Cooper and he suggested possibly regrouping and talking to Fort Collins to see if there is a way to fund the construction and operation of this facility together; he noted that the YOR services would be discontinued and if the other entities use the facility, they would be required to pay on a per-day per-bed basis. With the Board's permission, Mr. Lancaster will ask Mr. Nittmann to determine the actual costs of YOR and a projected hourly rate; the Board concurred with the suggestion. Discussion ensued of other funding options for this facility.

-- Rockies Train Update: Mr. Lancaster provided an update for the Board on the possibility of providing a train from Fort Collins to a Rockies Game. Mr. Lancaster contacted the Burlington Northern (BN) Vice President about this possibility and he responded that it would be inappropriate for them to provide this inter-city service as that is the sole purpose of Amtrak. Mr. Lancaster noted that he contacted Bill Joplin, Governmental Affairs Director for BN in Colorado, and he responded that they cannot do special trains to sporting events. Commissioner Duvall requested copies of those letters and she will work on this issue interpersonally. Commissioner Disney suggested the possibility of scheduling a meeting with the Board and Bill Joplin to discuss this matter.

-- Reception for Jim Stokes and Paul Cooper: Mr. Lancaster informed the Board that the Farewell Reception for Jim Stokes, Information Management Director, and Paul Cooper, Community Corrections Director, has been set for June 18, 1996 from 2 to 4 p.m. in the Commissioner's Hearing Room.

-- Policy Worksession: Mr. Lancaster noted that the discussion item for Policy Worksession tomorrow will be Senior Needs for Affordable Housing.

-- Invitations: Mr. Lancaster reviewed several pending invitations with the Board and they indicated to him which events they could attend.

8. DOCUMENT REVIEW:

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve the Minutes for the week of June 3, 1996, as submitted.

Motion carried 2 - 0; Commissioner Disney abstained from voting as he was out of town last week and did not attend the meetings.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Schedule for the week of June 17, 1996, as submitted.

Motion carried 3 - 0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda on Document Review for June 12, 1996:

MISCELLANEOUS DOCUMENTS: Larimer County Application for FY99 Federal Bridge Funds, including a Letter to Ms. Micki Hackenberger, Colorado Counties, Inc. and the Special Bridge Fund Bridge Project Cost Estimate. LIQUOR LICENSES: Licenses were issued to the Olympus Motor Lodge - 6% - Estes Park, CO., and the Coach House-Best Western - 6% Tavern License WITH EXTENDED HOURS. County approval was granted to the Hauf Brau, Inc. - 6% - Fort Collins, CO.

A96-83 AGREEMENT CONCERNING ROAD IMPROVEMENTS ON

COUNTY ROAD 30 BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND BARBARA S. KEEN (Project #181)

A96-84 AGREEMENT CONCERNING ROAD IMPROVEMENTS ON

COUNTY ROAD 30 BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND LEONARD E. AND ZELLA W. LEACH

C96-31 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE, OFFICE OF ENERGY

CONSERVATION (OEC) GOVERNOR'S OFFICE

(Youth at Risk Employment Grant)

Motion carried 3 - 0.

9. LEGAL MATTERS:

At this time County Attorney George Hass, Assistant County Attorneys Jeannine Haag and Marla Hehn, and Commercial Deputy Assessor Larry Johnson joined the meeting for Legal Matters.

1. Report on Hewlett Packard Cases: Ms. Haag reported on the decisions handed down by the Board of Assessment Appeals concerning the Fort Collins and Loveland Hewlett Packard plant cases in which they were requesting reductions in their values.

2. Request from Fanch Cablevision for Time Extension: Ms. Haag informed the Board that the Fanch Cablevision Company is working diligently to correct a number of violations and they are making substantial progress; she noted, however, that they are requesting additional time until August 1, 1996 to complete the systems sweep and until September 1, 1996 to complete all the pole violations. Ms. Haag recommended the Board grant these two time extensions, as requested, and she presented a resolution for the Board to approve and the Chair to sign.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners adopt a Resolution approving the request from Fanch Cablevision of Colorado for an extension of time until August 1, 1996 to complete its system sweep and a time extension until September 1, 1996 to complete all pole violations, and authorize the Chair to sign same.

Motion carried 3 - 0.

R96-89g RESOLUTION GRANTING TIME EXTENSIONS TO FANCH

CABLEVISION OF COLORADO

3. Request for Release of Deed of Trust: Ms. Haag requested Board approval of a Request for Release of Deed of Trust for Lot 193 in Glacier View Meadows Subdivision, Twelfth Filing P.U.D., which will cancel the Promissory Note for which the Deed of Trust was given.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve a Release of Deed of Trust for Lot 193 in Glacier View Meadows Subdivision, Twelfth Filing P.U.D. to cancel the Promissory Note for which the Deed of Trust was given, and authorize the Chair to sign same.

Motion carried 3 - 0.

D96-21 REQUEST FOR RELEASE OF DEED OF TRUST ON LOT 193

GLACIER VIEW MEADOWS SUBDIVISION, 12TH FILING P.U.D.

4. Request for Approval for Initiating Collection Lawsuit: Ms. Hehn requested approval or disapproval from the Board to initiate a lawsuit, which has been requested by the Department of Natural Resources, to collect a delinquent accounts receivable account for tipping fees, etc. at the landfill in the approximate amount of $10,300.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the request to initiate a lawsuit by the Department of Natural Resources to collect unpaid tipping fees in the approximate amount of $10,300.

Motion carried 3 - 0.

5. Information Item: Mr. Hass stated that as the adoption of the Noise Ordinance is going to be delayed until outside help is obtained, he is going to proceed with scheduling the hearing with the Board to adopt the Uniform Traffic Code; he noted that publication of the Ordinance is required before it is adopted.

6. Discussion of Consideration of a Modifying and Defining Resolution for White Buffalo:

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners go into Executive Session at 10:50 a.m. to discuss threatened litigation.

Motion carried 3 - 0.

The Executive Session ended at 11:20 a.m.; no action taken.

MEETING REGARDING THE LEGACY PROPOSAL

(#46 @ 500)

The Board of County Commissioners reconvened at 2:00 p.m. in regular session with John MacFarlane, Parks Department Director and K-Lynn Cameron, Open Lands Manager. Chair Clarke presided; Commissioners Disney and Duvall were present. Also present was Tom Keith, Temporary Chair of the Open Lands Advisory Board: Recording Clerk, S. Graves.

1. Open Lands Program Update: Mr. MacFarlane stated that the purpose of today's meeting with the Board is to provide an update on the Open Lands Program. Mr. MacFarlane noted that after the Open Lands Board was created, a reception, a one-day retreat, a regular meeting, and a field trip were held; he noted that the Open Lands Board appointed three sub-committees to develop: 1) A Mission Statement for the Open Lands Program; 2) Evaluation criteria for evaluating properties; and 3) A By-Laws Committee. Mr. MacFarlane stated that Dot McKean, Right-of-Way Agent for the County, is retiring and they have worked with Rex Smith and Elaine Spencer to create a joint position to replace her; Jerry White was hired as the land agent and that position will be shared between Engineering and Parks and they will work together on the projects. Mr. MacFarlane informed the Board that with the amount of work required for a $2,500,000 program, plus all the grant money to be received, Ms. Cameron and the administrative staff are over-overwhelmed - the work load is too big and too complex and he may be coming back to the Board at budget time to request additional staff. He noted that on July 6, 1996 there will be a tour of the Roberts Ranch from 9 a.m. until 2 p.m. and he invited the Board to attend with the Open Lands Board.

2. Draft Mission Statement: Mr. Keith submitted a draft copy of the mission statement for the Open Lands Program; he reviewed the mission statement and the principles listed for fulfilling the mission. The Board reviewed the principles and several revisions were suggested. The mission statement will be presented to the Open Lands Advisory Board for adoption at their meeting on June 27, 1996.

3. Cache La Poudre/Big Thompson Rivers Heritage Legacy Proposal: Ms. Cameron presented a 15-minute slide show on the Cache La Poudre/Big Thompson Rivers Heritage Legacy Proposal; she noted it was presented to the Open Lands Advisory Board at their last meeting and they made a recommendation to allocate $1.5 million over a four-year period for this project from the open space sales tax money. Ms. Cameron stated that the Poudre/Big Thompson Rivers Heritage Project is a volunteer project to develop a legacy for present and future generations that preserves and enhances natural recreational, agricultural, educational and other publicly beneficial opportunities associated with the Cache La Poudre and Big Thompson rivers and their watershed; she noted that with the advent of the Great Outdoors Legacy Program, the Fort Collins Natural Areas Sales Tax, and the Larimer County Help Preserve Open Space Sales Tax, a unique funding opportunity has arisen that can assist in making great strides forward in creating this exceptional legacy. In response to this opportunity, Ms. Cameron stated that citizens and government representatives from the Larimer and Weld County area have joined together in partnership to develop a legacy grant proposal to submit to the GOCO Board; she stated that in order to achieve the goals presented, the legacy grant is asking GOCO for $9 million--approximately $11 million is being pledged by local communities demonstrating the level of commitment to the program--in total, the legacy program will cost approximately $20 million. Ms. Cameron stated that all the partners together have hired a grant coordinator and grant writer and the grant is due July 12, 1996; she noted there will be a field trip with the GOCO staff on June 19, 1996 to show them the project, a field trip is scheduled with the GOCO Board in August, and the grant will be awarded in September. Ms. Cameron submitted a preliminary, ever- changing spread sheet showing the partial allocations for all the partners; she requested Board approval of an $1.5 allocation from the Open Space Lands fund for this project.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve the allocation of $1.5 million from the Open Space Lands funds over the next four years for the Cache La Poudre/Big Thompson Rivers Heritage Legacy Proposal, as recommended by the Open Lands Advisory Board.

Motion carried 3 - 0.

The Board requested Ms. Cameron to prepare a press release announcing this kick-off project for the Open Space Lands monies.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners go into Executive Session at 3 p.m. to receive an update on potential open lands projects.

Motion carried 3 - 0.

The Executive Session ended at 3:20 p.m.; no action taken.

______________________________________

JOHN CLARKE, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

_______________________________________

Sherry E. Graves, Deputy County Clerk