PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, JUNE 30, 1997

NOTICE: BECAUSE OF THE CLERK'S INVOLVEMENT WITH THE BOARD OF EQUALIZATION HEARINGS DURING THE MONTH OF JULY, THE MINUTES FOR THIS MONTH WILL BE ACTION MINUTES ONLY.

BOARD OF COUNTY COMMISSIONERS AND PARKS & OPEN LANDS DEPARTMENT MEETING

(#204 @ 300)

The Board of County Commissioners met at 10:00 a.m. with K-Lynn Cameron, Open Lands Manager, and John MacFarlane, Director of Parks. Chair Disney presided and Commissioners Clarke and Olson were present. Recording Clerk, Gael M. Cookman.

Ms. Cameron reviewed the Town of Berthoud's Open Space Planning Proposal, which outlines the desires of this community to preserve its small town, rural character. Ms. Cameron noted that by protecting these open spaces the Town hopes to accomplish the preservation of agriculture, separation between communities, views, wildlife habitat and recreation possibilities. Ms. Cameron explained that an interview committee had evaluated three companies and they recommend ERO Resources and Western Land Group due to their unique approach in the project work scope; she stated that ERO and Western Land Group will complete the proposed scope of work on an hourly basis, plus expenses, at a cost not to exceed $22,500. The Berthoud Open Space Subcommittee proposes that the funding be shared between the Town of Berthoud and Larimer County, with the Town contributing up to $12,500 and Larimer County contributing up to $10,000.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioner approve the request from the Town of Berthoud and fund up to $10,000 from the Larimer County Open Space Funds, in support of Berthoud's Open Space Planning Proposal.

Motion carried 3-0.

The meeting went into Executive Session at 10:10 a.m.

The Executive Session ended at 11:00 a.m.; no action taken.

TUESDAY, JULY 1, 1997

ADMINISTRATIVE MATTERS

(#210)

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: Bill Heiden, Road and Bridge Director; Kate Tremblay, Risk Manager; Sgt. Bill Nelson, Emergency Operations; Bob Hamblen, Extension Office Agent; Linda Coxen, Administrator District Attorney's Office; Josh Zander, Manager Custodial Services; Ralph Jacobs, Director Human Resources; Janelle Henderson, Director Natural Resources; Joan Duchene, Commissioner's Office Supervisor; Donna Hart, Commissioner's Office Staff Services Manager; and Deni LaRue, Community Information Manager. Recording Clerk, S. Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: Robert Gann and Gene Michaud of the Rist Canyon Volunteer Fire Department requested assistance from Larimer County to use several county dump trucks and a loader operated by Larimer County employees on a Saturday to haul some fill dirt for construction of Station #3 by Stove Prairie School. Discussion followed regarding cost, insurance coverage, etc., and it was determined the cost would be approximately $1,200 for equipment and employees. Mr. Gann noted that the cost to the County is minimal compared to the benefit.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners authorize the expenditure of $1,200 out of the Commissioner's Special Projects Fund to assist the Rist Canyon Volunteer Fire Department in the construction of Fire Station #3, as requested.

Motion carried 3 - 0.

2. APPROVAL OF MINUTES FOR THE WEEK OF JUNE 23, 1997:

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the Minutes for the week of June 23, 1997, as submitted.

Motion carried 3 - 0.

3. APPROVAL OF SCHEDULE FOR THE WEEK OF JULY 7, 1997:

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

Motion carried 3 - 0.

4. APPROVAL OF CONSENT AGENDA:

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

ABATEMENT APPROVALS, AS RECOMMENDED BY THE COUNTY ASSESSOR: Petitions for Abatement were approved for Foothills Auto Plaza; Eaglequest; Erma E. and Keith W. Holcomb; Norman Lindquist; Janet E. and Gerald A. Brown; James L. Arvidson; Alan C. Stormo; and Georgia A. Kochenderfer and Gary Richard/Trustees.

MISCELLANEOUS DOCUMENTS: Crystal Lakes 6th Filing Amended Plat for Lots 73 & 74; Proclamation for the 1997 Longs Peak Scottish Highland Festival. LIQUOR LICENSES: County approval was granted to J. J.'s Country Corner, Inc. - 6% - Fort Collins, CO. and a Waive of Hearing for a 3.2% SPECIAL EVENTS PERMIT for Vajradhatu, 4921 County Road 68C, Red Feather Lakes, CO. for July 25, August 14, and September 1, 1997.

A97-113 LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE CITY OF FORT COLLINS

HOUSING AUTHORITY (Lease Renewal for Stuart House)

D97-25 DEED OF DEDICATION BY PAUL DEAN AND KAREN SUE

HICKS (Dedication of Property for Public Highway - Project #170)

D97-26 DEED OF DEDICATION BY WAYNE LEE AND DELORES MARIE

HICKS (Project #170)

C97-34 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO,

DEPARTMENT OF HEALTH CARE POLICY AND FINANCING

(Medicaid Contract)

C97-35 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO,

DEPARTMENT OF CORRECTIONS (Inmate Intensive Supervision

Program - ISP)

R97-81 FINDINGS AND RESOLUTION APPROVING THE REINSTATEMENT

OF THE TIMNATH PIT SPECIAL REVIEW

R97-82s FINDINGS AND RESOLUTION APPROVING THE GLACIER VIEW

MEADOWS 9TH FILING FOR LOTS 99 & 100 AMENDED PLAT

AND VACATION OF UTILITY EASEMENT

R97-83s FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT

OF HAUMONT MINOR RESIDENTIAL DEVELOPMENT AND

VACATION AND REDEDICATION OF A UTILITY EASEMENT

Motion carried 3 - 0.

5. TROPHY PRESENTATION:

Chair Disney presented the over-all County Championship Trophy from the State Fair to Bob Hamblen and Bill Heiden, as representatives from their two departments.

6. APPOINTMENT OF INVESTIGATOR II FOR DISTRICT ATTORNEY'S OFFICE:

Ms. Coxen requested Board approval of a resolution authorizing an annual salary of $40,000 for a District Attorney's Investigator II position, to be filled by Patti Dean; she noted that funds are available in their budget for this expenditure.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners adopt a resolution authorizing an annual salary of $40,000 for Patti Dean as District Attorney Investigator II, as requested.

Motion carried 3 - 0.

R97-84g RESOLUTION APPROVING THE HIRING OF A DISTRICT

ATTORNEY INVESTIGATOR II

7. SALARY ADJUSTMENTS IN DISTRICT ATTORNEY'S OFFICE:

Ms. Coxen stated that in order to establish equitable compensation for appointed staff who are promoted between the various salary ranges in the District Attorneys Office, the request for the Board is to approve adjusting the current salaries for Juvenile Deputies Kraig Ecton, Michelle Brinegar and District Court DDAII Tammie Tauer Niemann; she noted that funds are available in their budget to cover the salary adjustments.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the salary adjustments of 4.22% for Juvenile Deputy District Attorneys Kraig Ecton; 8.1% for Michelle Brinegar; and 4.54% for District Court Deputy DDAII Tammie Tauer Niemann, effective July 1, 1997; funds to be derived from existing budgeted funds in the District Attorney's budget.

Motion carried 3 - 0.

8. EMPLOYMENT FITNESS TESTING:

Ms. Tremblay described the Post Offer Employment and Fit for Duty Testing they have started in Risk Management; she noted that according to the National Institute of Occupational Safety and Health, ten percent of existing workers cannot physically do their jobs and 75% of all injuries come from that ten percent. Ms. Tremblay took this opportunity to publicly acknowledge Mr. Heiden and Mr. Zander for introducing this program in their departments; she noted that this program is offered through Poudre Valley Hospital, which administers the testing after a job offer has been made. Ms. Tremblay noted that the Fit for Duty Program is testing existing employees; she noted that if an employee fails the test, they are given two or three months to work on physical fitness and then they are retested. However, if they fail the test a second time, they would either be placed in another position or their employment would be terminated. Ms. Tremblay noted that the Sheriff's Department has done this for a number of years. Questions from the Board and discussion followed; it was noted that the test costs $75 and monies for the tests will come out of the individual departments. Mr. Zander went through the test and described the test for the Board. The Board indicated their support for this program.

9. DEATH OF AN EMPLOYEE POLICY:

Mr. Jacobs requested Board approval to amend the Larimer County Personnel Policy Manual to adopt section 74 concerning the death of an employee. Mr. Jacobs submitted two versions of the Death of an Employee Policy and the section regarding notification was reviewed, discussed and amended. The policy was amended to read: "If the death is a death on the job, the appropriate Elected Official or Department Director, or his or her designee, must notify the next of kin and the County Manager. The County Manager will then notify the Community Information Manager, the Human Resources Department and the Risk Management Department..."

M O T I O N

Commissioner Olson moved that the Board of County Commissioners amend the Larimer County Personnel Policy Manual by adopting section 74 regarding the Death of an Employee Policy, as stated above.

Motion carried 3 - 0.

10. SALARY OF NATURAL RESOURCES DIRECTOR:

The Board was requested to approve a salary adjustment for Janelle Henderson, Director of Natural Resources to $59,000, as suggested by Rex Smith, Director of Public Works; this adjustment represents a 9.15% increase over her present salary.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve an adjustment in the salary for Janelle Henderson, Natural Resources Director, to $59,000 annually, effective July 1, 1997.

Motion carried 3 - 0.

11. APPOINTMENT OF SOLID WASTE TASK FORCE:

Ms. Henderson submitted a list of persons recommended for membership on the Solid Waste Task Force; she stated it was a large group but comprised of a good mix of people. It was noted that Chair Disney will serve as the Commissioner liaison on this Task Force.

M O T I O N

Commissioner Olson moved that the Board approve the appointment of the following persons to serve on the Larimer County Solid Waste Task Force: Don Greenfield, Mick Mercer, Steve Gillette, John Puma, Art Gallegos, Don Schleiger, Dick Mondragon, Curtis Hill, Sid Sattler, Edd Nestor, Rich Grossman, Tom Sanders, Gary Klaphake, Susie Gordon, John Mays, Kevin Burke, Trish Spaine, Mike Doten, John Fooks, Tom Jackson, Don Koessel, Ginny Nelson, Dick Rush, Lew Grant, and Joe Skelton.

12. POLICY DECISION ON FORMATION OF BUILDING INSPECTION DEPARTMENT SPECIAL REVENUE FUND:

Mr. Lancaster requested Board approval to finalize a policy decision made by the Board regarding the formation of the Building Inspection Department Special Revenue Fund.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the transfer of $160,385 from the General Fund Carryover to the Building Department Fund; these funds coming from 1996 Building Department Revenues.

Motion carried 3 - 0.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the establishment of the Building Department Fund as a Special Revenue Fund, such fund to maintain a minimum operating reserve of 15% of budgeted operating expenditures, but not less than $150,000, and a maximum operating reserve, the amount to be determined within 18 months. Said fund to retain any interest earnings on the balance of the fund, equal to the annual average rate of return on deposits of the County by the County Treasurer.

Motion carried 3 - 0.

13. APPOINTMENTS TO BOARDS AND COMMISSIONS:

Ms. Duchene presented a list of the applicants and those persons requesting reappointment to Boards, Commissions, Councils and Committees and requested Board approval of those persons selected for appointment and reappointment.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the appointments and reappointments of the following persons on the following Boards, Commissions, Councils and Committees:

BOARD OF ADJUSTMENT: Appoint John Hatfield and Charles Huddleson as regular members, each for a 3-year term.

BOARD OF APPEALS: Readvertise for 1 opening for a 3-year term.

BOARD OF HEALTH: Reappoint Sid Waldrop for a 5-year term.

COMMUNITY CORRECTIONS ADVISORY BOARD: Reappoint Philip Bolduc, Patti Dean, Roland Gilmore, Dan Quinn, Ann Harbour, Pete Stein, Frank Lancaster, Sharon Winfrey, Frank Russell, and Dr. Leonard Medoff, each for a 2-year term.

ENVIRONMENTAL ADVISORY BOARD: Reappoint Claudia Regan and Jim Meiman, each for a 2-year term, and Caliste Cebac for a 3-year term.

EXTENSION ADVISORY BOARD: Readvertise for 4 openings for 3-year terms.

FAMILY PRESERVATION COMMITTEE/PLACEMENT ALTERNATIVES COMMISSION: Reappoint Beth Dickson, Cyndi Dobbs, Mary Klecan, and Laurie Klith, each for a 3-year term.

HUMAN DEVELOPMENT ADVISORY BOARD: Appoint Matthew Mueller, Ronald Schmidt each for a 3-year term; and Carolyn Funk and Janet DeWitt each for a 2-year term.

LAPORTE PLANNING ADVISORY COMMITTEE: Appoint Tim O'Hara and reappoint Kate Curran, Pete Dressen, and Audry-Lyn Stockton, each for a 3-year term.

OFFICE ON AGING ADVISORY COUNCIL: Reappoint Steve Budner, Ellen Long, Barb Pusey, Stan Ulrich, and Jack Vogt, and appoint Ray Martinez and Robert Joseph Haughey, each for a 3-year term.

URBAN GROWTH AREA REVIEW BOARD: Readvertise for 1 opening for 1-year term.

WEED CONTROL DISTRICT ADVISORY COMMITTEE: Reappoint Brad Moos and appoint Howard Ramsdell, each for a 1-year term.

YOUTH SERVICES BUREAU ADVISORY BOARD: Reappoint Ron Ayres, Captain Gary Darling, and Beth Dickson, each for a 3-year term.

Motion carried 3 - 0.

14. WORKSESSION:

-- Drink-N'-Dawg Bar: Mr. Lancaster presented a large stack of incident reports from the Sheriff's Department on the Drink-N'-Dawg establishment and asked the Board if they wished to schedule a "Show Cause" hearing. Mr. Lancaster expressed appreciation to the Sheriff's Department for adopting the standard procedure of doing a thorough investigation when stopping persons for DUI and asking them questions regarding where the persons consumed the alcohol.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners directed that a "Show Cause" hearing be scheduled for the Drink-N'-Dawg Establishment.

Motion carried 3 - 0.

-- Request to hire above Step E for the Estes Park HHS Manager: Mr. Lancaster noted that the Board has been requested to approve the hiring of the Estes Park Health and Human Services Manager at above step E, which is at the top of the salary range advertised, because of the capable and excellent applicant they have interviewed. Commissioner Clarke asked about moving expenses for this person; Mr. Lancaster noted that the County has a policy to allow up to $3,000 for moving expenses.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the hiring of the Estes Park Health and Human Services Manager at above step E, based on the experience and skills of the applicant.

Motion carried 3 - 0.

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

15. COMMISSIONER REPORTS:

-- Commissioner Clarke reported that he went to the Farewell Reception to say "Goodbye" to the employees in weatherization.

-- Commissioner Olson stated that she met with Director of Planning Larry Timm to discuss the Planning Department's Policy regarding "How to Obtain an Address"; she described an exception to that policy which was recently allowed. Commissioner Olson stated that usually an address is not given unless a building permit is granted; however, if an exemption is allowed, the person is advised that the address may change. Commissioner Olson asked Mr. Lancaster if this policy should be more formal than just a department policy; he responded that is an operational policy and should be a part of internal office procedures.

-- Commissioner Olson expressed appreciation to John MacFarlane and all the employees in the Parks Department for the tour of the Larimer County Parks; she noted she had a great day.

-- Chair Disney noted he had a conversation with Paul Thompson of Holnam, Inc. about the tires on the Roberts Ranch and the tire pile southwest of Loveland; he noted they are still interested in pursuing shredded tires for fuel, but are concerned about initiating this because of the flack they previously received regarding hazardous waste. Chair Disney stated he thought he might discuss this matter with the Environmental Advisory Board (EAB) and ask them to research this and give the Board a recommendation whether or not it is an environmentally sound thing to do.

16. REQUEST FOR SECRETARY FOR HHS DIRECTOR:

The Board has been requested to approve a new position (1 FTE) of HHS secretary for Kathy Snell, HHS Division Director; no additional funding is required because they intend to transfer an employee from the former Human Development into this position and existing funds in the 1997 budget are available. Commissioner Clarke noted that Ms. Snell needs a secretary.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve a Secretary II position for the Health and Human Services Director, as requested.

Motion carried 3 - 0.

17. LEGAL MATTERS:

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

Mr. Hass requested Board approval of a Quit-Claim Deed and Resolution for Conveyance, pursuant to an Intergovernmental Agreement concerning Snowy Ridge property between Larimer County, the City of Fort Collins and the City of Loveland dated April 14, 1997, to deed one-third of the property to the City of Fort Collins, one-sixth to the City of Loveland, and one-half to Larimer County.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the Quit-Claim Deed and Resolution for Conveyance by the Board of County Commissioners of Larimer County, Colorado, and authorize the Chair to sign same.

Motion carried 3 - 0.

D97-27 QUIT-CLAIM DEED ON SNOWY RIDGE PROPERTY TO CITY OF

FORT COLLINS, CITY OF LOVELAND, AND LARIMER COUNTY

R97-85g RESOLUTION FOR CONVEYANCE OF SNOWY RIDGE PROPERTY

BY BOARD OF COUNTY COMMISSIONERS TO CITY OF FORT

COLLINS, CITY OF LOVELAND LARIMER COUNTY

Mr. Hass reported that the Roybal Case was concluded this morning and the Settlement Agreement is all signed, sealed and delivered.

The meeting adjourned at 10:50 a.m.

__________________________________

JIM DISNEY, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK

By: _________________________________

Gael M. Cookman, Deputy County Clerk

_________________________________

Sherry E. Graves, Deputy County Clerk