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PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

TUESDAY, APRIL 1, 1997

ADMINISTRATIVE MATTERS

(#167 & #168)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Disney presided; Commissioners Clarke and Olson were present. Also present were: Robert Thompson, Community Development Program Specialist; Ann Watson, Health Education Supervisor; Rex Smith, Director of Public Works; George Wallace and Richard Seaworth, Agricultural Task Force Representatives; Larry Timm, Director of Planning; Kathy Snell, Director of Health and Human Services; Brent Nittmann, Interim Director Community Corrections; Joe Ferrando, Program Manager Adult Residential Services for Community Corrections; John Pedas, Code Enforcement Officer; Deni LaRue, Community Information Manager; Donna Hart, Commissioner's Office Staff Services Manager; and Neil Gluckman, Assistant County Manager. Recording Clerk, S. Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: The following persons addressed the Board during the open session for public comment: Tom Lynch and Stan Gehring. Mr. Lynch, District Director for the 4th Congressional District, informed the Board that Mr. Gehring contacted their office regarding mail delivery to the Mill Creek Subdivision; he noted that when they started to pursue this possibility with the postal service, it became evident that this was going to be a problem because of the road level classification system in the County. Mr. Lynch stated he contacted Commissioner Clarke to arrange for a meeting with the Board because they don't want to work against the County and they need to know if their office should continue pursuing this possibility for mail delivery; he noted that their purpose is only to have mail delivery to this subdivision, they are not asking for reclassification of the road maintenance. Much discussion followed; Mr. Lynch stated that Mr. Gehring and the other homeowners in the subdivision understand the realities of the situation and they are willing to contact the postal service and have everyone in the Mill Creek Subdivision fill out a waiver so the postal service can hold the mail for an extended period of time if the roads are impassable. Commissioner Clarke stated that this problem has arisen because of a letter from the County describing a classified road and noting that in times of inclement weather, there could be days, weeks, and even a month before mail could be delivered on that road; Mr. Gehring stated he has lived in this area for 20 years and a storm of this magnitude hasn't occurred and he feels the problem is being overstated. Mr. Lynch stated that they are going to try and obtain historical information with regard to amounts of snowfall in this area, road closures, etc., in order to have a realistic portrayal of the situation. Mr. Smith reviewed the history of the area and noted that back in the 1980's, when it became apparent that people were moving into remote areas of the County and going to expect the same services as people in town, an agreement was reached that the County would not be responsible for winter maintenance of these roads and he stated that the County is not in a position to increase levels of service and they cannot expand their road maintenance system; he noted that even if a waiver is signed, as suggested, it will increase people's expectations for services. Commissioner Clarke stated that he is very reluctant to encourage the postal service to deliver mail in this area because as time goes by, and new Commissioners are elected, someone will say, "Here is a mail route that it is not being maintained as a Class II road, as our policy states, and the memory of what was discussed at this meeting will be gone, and we will be in violation of our policy." Chair Disney suggested that if the post office wants to sign an agreement with the citizens in the subdivision stating that mail may possibly not be delivered for a month if extreme weather occurs and the road is not plowed, the County could add an addendum to their level 5 roads so there is an institutional memory of that agreement; Mr. Smith concurred that an addendum could be added to the policy. Mr. Gehring requested a retraction of the last sentence in the letter from the County, because with that statement the postal service will not agree to mail delivery in their area; Mr. Smith stated that the statement was included in the letter because the County has to be absolutely honest with people and cannot mislead anyone. Mr. Lynch acknowledged to Mr. Gehring that the County had to write this disclaimer in order to not create a liability for themselves; the Board indicated they will not rewrite or eliminate that statement. Mr. Lancaster suggested to Mr. Gehring that he talk to Red Ashby, who used to bulldoze the road, and to the current postal driver in the area to obtain some historical data from them. To summarize, Mr. Lynch stated that the message he has received from the Board is that their office can proceed with trying to get mail delivery to the Mill Creek Subdivision if it doesn't create a negative impact or increased burden on the County.

2. PROCLAMATIONS: FAIR HOUSING MONTH AND PUBLIC HEALTH WEEK: Mr. Thompson requested Board approval of a Proclamation declaring April 1997 as Fair Housing Month; he noted that this proclamation ensures that all individuals of like income, regardless of race, color, religion, gender, national origin, family status, handicap or disability are to have equal access and equal housing choices available to them, free from discrimination.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners proclaim the month of April, 1997 as Fair Housing Month in Larimer County, and authorize the Chair to sign the Proclamation.

Motion carried 3 - 0.

Mr. Thompson informed the Board that there will be a homeless fast on April 4, 1997, which is a National event to recognize homeless people across the country, and he invited the Commissioners to participate, if they so desire, and to contribute the savings from fasting to help the homeless; Mr. Thompson submitted a press release regarding this event.

Ms. Watson requested the Board proclaim the week of April 7-13, 1997 as Public Health Week; she noted this is also an annual National observance. Ms. Watson stated that this year in Colorado they are celebrating 50 years since public health laws were established, due to the efforts of Dr. Florence Rena Sabin. Ms. Watson reviewed the improved health statistics which have occurred in Colorado over the past 50 years.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners proclaim the week of April 7-13, 1997 as Public Health Week in Larimer County, and authorize the Chair to sign the Proclamation.

Motion carried 3 - 0.

3. APPROVAL OF MINUTES FOR THE WEEK OF MARCH 24, 1997:

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the Minutes for the week of March 24, 1997, as submitted.

Motion carried 3 - 0.

4. APPROVAL OF SCHEDULE FOR THE WEEK OF APRIL 7, 1997:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Schedule for the week of April 7, 1997, as submitted and revised.

Motion carried 3 - 0.

5. APPROVAL OF CONSENT AGENDA:

Commissioner Clarke requested that the resolution regarding Larimer County's support and involvement in a regional committee to discuss and develop options to address the issue of future water supplies for northern Colorado be removed from the Consent Agenda for discussion; he reviewed several additions he would like included and requested Mr. Lancaster to rewrite the resolution and bring it back to the Board for approval next week during Administrative Matters.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the following, as listed on the Consent Agenda on Document Review for April 1, 1997:

-- Final Plat for Ihnen Minor Residential Development:

-- Reinstatement of Mental Health Secretary 1 Position:

-- Documents:

PETITIONS FOR ABATEMENT AND REFUND OF TAXES were approved for the following, as recommended by the County Assessor: Advanced Protective Services; Impak; Charles W. Campton; J. Vincent & Elva White; Carol & Janice White; Glen E. McGirr; Charles & Donna Musgrave; Andrew & Carol McKennan; Melissa Kemp; Lloyd & Nelda Peterson; Ivar & Donna Larson; Daniel & Tina Speed; Inez Hauser Living Trust; Milo & Gwen Bohlender; and Joseph Sloan.

LIQUOR LICENSES: Licenses were issued to: Rustic Liquors - 6% - Bellvue, CO.; Rustic Resort - 6% WITH EXTENDED HOURS - Bellvue, CO.; and Loveland Moose Lodge #484 - 6% WITH EXTENDED HOURS - Loveland, CO. County approval was granted to: South Taft Liquor - 6% - Fort Collins, CO.; and Johnson's Corner - 3.2% - Loveland, CO.

C97-12 CONTRACT AMENDMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO, OFFICE OF

ENERGY CONSERVATION (Extension of Original Youth-at-Risk

Contract)

Motion carried 3 - 0.

6. DISCUSSION OF AGRICULTURAL ADVISORY BOARD: Mr. Lancaster reminded the Board that previously the Agriculture Task Force sent a large packet of information to the Board, including Bylaws and suggestions for forming the Agriculture Advisory Board, etc. At that time, the Commissioners decided to wait before approving the Bylaws and forming the new Board until the revised Boards and Commission policy was adopted to make sure the two were in sync. Mr. Lancaster stated that the purpose of today's meeting with the Board is to discuss applications for the Ag Advisory Board, in addition to other questions about this Board; Commissioner Olson stated that the Commissioners have a worksession scheduled for April 17, 1997 to discuss the questions. Mr. Wallace asked about the new Boards and Commissioners Policy; he noted that the new Advisory Board has been put on hold and many people are asking why. Commissioner Clarke stated that there needs to be better communication with Boards, Commissions, and Task Forces when delays occur. Mr. Lancaster reviewed the changes in the Boards and Commissions Policy and the reasons for the changes. Mr. Wallace stated that the Ag Task Force feels there are a lot of opportunities right now and many of the tasks they suggested are passing them by; he asked the Board what they think the balance should be between the existing Ag Task Force members versus new members on the Advisory Board. This question will also be discussed during the worksession. Chair Disney asked what department is going to staff the Ag Advisory Board; Mr. Lancaster stated that the recommendation from the Ag Task Force was the Planning Department. Mr. Wallace and Mr. Seaworth both stated that they assumed it would be through the Planning Department. Mr. Timm informed the Board that this staffing was not included in their work plan and to include it now, something else would have to be eliminated, and there will be budget impacts; this question also will be discussed at the meeting on April 17th. Mr. Lancaster asked the Board if he should start advertising for applicants to the Ag Advisory Board; the Board responded in the affirmative. Mr. Lancaster also asked if the role statement in the proposed Bylaws of the Ag Advisory Board is agreeable with Mr. Wallace and Mr. Seaworth; they concurred with the role statement.

7. APPOINTMENT OF COMMUNITY CORRECTIONS INTERIM DIRECTOR: Ms. Snell requested Board approval of the appointment of Joe Ferrando as the new Interim Community Corrections Director; she noted that Mr. Ferrando is currently the adult residential manager of the Community Corrections facility. Mr. Ferrando reviewed his background with the County; it was noted that Mr. Nittmann is recommending Mr. Ferrando for this appointment and he reviewed his reasons for his recommendation.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the appointment of Joe Ferrando as interim Director of Community Corrections with a 5% increase in his base salary for out-of-title pay.

Motion carried 3 - 0.

8. WORKSESSION:

-- Facilities Director Position: Mr. Lancaster discussed the Facilities Director position and noted that Mr. Smith is ready to start advertising for the position; he stated that authorization from the Board is needed to start advertising for this position and, based on market data received from by Mr. Jacobs, they will advertise the position at a salary range of $55,000 to $64,800. Mr. Lancaster stated that Mr. Anderson's position will be converted to a classified position.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners authorize Mr. Lancaster to start advertising for the position of Facilities Director at a salary range of $55,000 to $64,800, and authorize the conversion of Mr. Anderson's position to a classified position.

Motion carried 3 - 0.

-- Board of Health Appointment: Commissioner Clarke stated he discussed the Board of Health appointment with Dr. Adrienne LeBailly; he noted that three people applied for that position, they compiled a matrix, and Dr. LeBailly is recommending the appointment of Blair Trautwein to fill the vacancy on the Board of Health replacing Kent Campbell, and Commissioner Clarke concurs.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners appoint Blair Trautwein to fill the unexpired term of Kent Campbell on the Board of Health, term to expire June 30, 1999.

Motion carried 3 - 0.

-- Legislative Update: Mr. Gluckman provided an update on HB 97-1241 regarding pretrial release of persons charged with a crime and he submitted a letter for the Chair to sign in opposition to the Bill; he noted that this Bill is being heavily lobbied by the bail bond people. Mr. Gluckman stated that HB 97-1241 would significantly raise our county jail population and increase our fiscal impact, as the Bill restricts the number of persons eligible for personal recognizance bonds. Questions about the Bill and discussion ensued.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners authorize the Chair to sign the letter to the Colorado Legislature, Larimer County Delegation in opposition to HB 97-1241.

Motion carried 3 - 0.

-- Legislative Review Pocket Guide: Mr. Gluckman requested the Board's opinion on a Legislative Pocket Guide which they are going to distribute to our State Legislators; he noted it will contain policies that are in place on different issues which affect legislation and he has added a removable sheet in the back of the pamphlet, which will be updated on a regular basis, stating the Commissioners position on pending legislation. The Board said they would also like copies of this "position paper".

-- Request to Rescind Zoning Violation: John Pedas requested direction from the Board regarding a controversial land-use zoning violation; he noted that the owner of the property in question has been diagnosed with a serious illness and is paying out $700 per month to park his trucks someplace other than on his property and he has requested the Board to reverse their decision of January 23, 1995. Mr. Pedas stated he talked to Assistant County Attorney Jeannine Haag about reversing the Board's decision and she said "No". Mr. Pedas requested the Board to ask Mr. Lancaster to write a letter to Mr. Steffen informing him of the Board's decision stating that because of the restrictions within the permitted zoning, they cannot condone a zoning violation. CONSENSUS OF THE BOARD was to request Mr. Lancaster to write this letter for the Chair to sign.

-- Invitations: Ms. Hart reviewed the pending invitations with the Board and they indicated to her which events they could attend.

9. COMMISSIONER REPORTS:

-- Commissioner Olson thanked Ms. LaRue for the maps and information she compiled for the class on county government which Commissioner Olson taught yesterday at Bauder Elementary School.

-- Chair Disney reported that he went with County Engineer Marc Engemoen and Project Engineer Brian Frakken to meet with property owner Ed Lempka to visit the site at CR 2E and 17 where the County is doing a drainage project; he noted that now Mr. Lempka is satisfied with the project as proposed and thinks the drainage situation will be improved. Chair Disney noted that he met with the Weatherization staff this morning and they appreciate that the Board is concerned about them and the situation in weatherization. Chair Disney also stated he met with Steve Hogan, Executive Director of the E470 Authority, along with other elected officials, and they are trying to find a way to fund the completion of E470 - the northwest piece that connects with I25 - and they are looking for some representation from northern Colorado to serve on their Board as affiliate members, but not voting members. Chair Disney suggested to them that we have two very functional transportation planning councils in northern Colorado that understand many of the issues they are working on and the two memberships should be opened to them. Mr. Hogan thought this was a good idea and will take the suggestion back to the Authority; if they do become affiliate members, Chair Disney stated that the Commissioners will need to take a position regarding how they feel about the northwest piece of E470.

At this time Daniel Muffly, Assistant County Attorney, and Senior Planner Rob Helmick joined the meeting for Legal Matters.

10. LEGAL MATTERS:

-- Request for Approval of Resolution Regarding Single Family Mortgage Revenue Bonds: Mr. Muffly requested Board approval of a resolution authorizing certain transactions relating to the County's Single Family Mortgage Revenue Bonds, 1983 Series A; he noted that the bonds are being restructured to be sold to Newman Mortgage Acceptance Corporation and the resolution authorizes the sale of the bonds; it was noted that no County money is involved.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the resolution authorizing certain transactions relating to the County's Single Family Mortgage Revenue Bonds, 1983 Series A; approving and authorizing execution of a Mortgage Purchase Agreement; a Non-Defeasance Escrow Agreement and a first supplemental trust indenture and authorizing incidental action, and authorize the Chair to sign same.

Motion carried 3 - 0.

R97-30g RESOLUTION AUTHORIZING CERTAIN TRANSACTIONS

RELATING TO THE COUNTY'S SINGLE FAMILY MORTGAGE

REVENUE BONDS, SERIES A; APPROVING AND AUTHORIZING

EXECUTION OF A MORTGAGE PURCHASE AGREEMENT;

A NON-FEASANCE ESCROW AGREEMENT AND A FIRST

SUPPLEMENTAL TRUST INDENTURE AND AUTHORIZING

INCIDENTAL ACTION

-- Request for Approval of Agreement to Supplement Terms and Conditions of Special Review Approval: Mr. Helmick informed the Board that a successfully negotiated agreement has been reached which clarifies the status and disposition of the Ingleside Quarry, which was originally approved in 1980; he noted that this agreement gives an additional 10 years to complete the mining on this property and gives the ability to go in and reverse the special use review if the conditions are not met.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Agreement between the Board and Russell C. and Delores J. Barger, concerning the operation of the Ingleside Quarry.

Motion carried 3 - 0.

A97-50 AGREEMENT TO SUPPLEMENT TERMS AND CONDITIONS OF

SPECIAL REVIEW APPROVAL BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND RUSSELL C. AND DELORES

J. BARGER (Operation of Ingleside Quarry)

M O T I O N

Commissioner Olson moved that the Board of County Commissioners go into Executive Session at 11:00 a.m. to discuss contract negotiations.

Motion carried 3 - 0.

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

______________________________________

JIM DISNEY, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

_______________________________________

Sherry E. Graves, Deputy County Clerk

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