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PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

TUESDAY, DECEMBER 30, 1997

ADMINISTRATIVE MATTERS

(#279)

The Board of County Commissioners met at 9:00 a.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Disney presided and Commissioner Clarke was present. Also present were: Rob Helmick, Senior Planner; William Baird, Child & Family Services Administrator; Ralph Jacobs, Director Human Resources; Carol Block, Director of Financial Services; Deni LaRue, Community Information Officer; and Donna Hart, Commissioners' Office Staff Services Manager. Recording Clerk, Sherry Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: Bev and Mike McBride came to address the Board during the open session for public comment to ask when the Findings and Resolution would be approved for the Rae Minor Residential Development, which was approved by the Board on October 27, 1997. The McBrides were informed that the resolution was on the consent agenda for document review today and would be approved and signed this morning. Mr. Helmick reviewed the sequence of events which explained the delay in final approval of this resolution.

2. APPROVAL OF MINUTES FOR THE WEEK OF DECEMBER 22, 1997:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Minutes for the week of December 22, 1997, as submitted.

Motion carried 2 - 0.

3. APPROVAL OF SCHEDULE FOR THE WEEK OF JANUARY 5, 1998:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Schedule for the week of January 5, 1998, as submitted.

Motion carried 2 - 0.

4. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the following documents as listed on the consent agenda for document review for December 30, 1997:

A97-169 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE TOWN OF WINDSOR (Collection of

Windsor's Sales Tax on Motor Vehicles in that portion of Windsor

located in Larimer County)

C97-60 IMMUNOLOGICAL ASSOCIATES OF DENVER PURCHASE OF

SERVICES CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND IMMUNOLOGICAL ASSOCIATES OF

DENVER (Child Support Enforcement Purchase of Services)

R97-214s RESOLUTION REGARDING RELEASE OF COLLATERAL

(Replat of Lots 5 & 6 Glacier View Meadows 3rd Filing)

R97-215s FINDINGS AND RESOLUTION APPROVING THE JENSON

BOAT AND RECREATION CENTER CHANGE OF CONDITIONS

R97-216z REZONING FINDINGS AND RESOLUTION APPROVING THE

PETITION OF NICHOLAS POHLIT

R97-217s FINDINGS AND RESOLUTION APPROVING THE RAE MINOR

RESIDENTIAL DEVELOPMENT

R97-218z SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING

THE PETITION OF WEBER HORSE BOARDING FACILITIES

R97-219s FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT

AND VACATION OF UTILITY EASEMENT IN CRYSTAL LAKES

12TH FILING, LOTS 139 & 140

Motion carried 2 - 0.

5. REQUEST TO UTILIZE THE FORT COLLINS CHILD PROTECTION TEAM AS THE CITIZEN'S REVIEW BOARD: Mr. Baird requested Board approval of a resolution implementing a Citizens Review Board concerning complaints about the conduct of child protection staff involved in dependency and neglect cases; he noted that CRS 19-3-211 requires the governing board (Board of County Commissioners) to establish a grievance process for those people who have been the subject of an investigation of child abuse or neglect and bring a grievance against the County Department regarding the conduct of an employee as it relates to the well being of them or their child/children. Mr. Baird stated that he incorporated some of the suggestions in the resolution, which were made previously by the Board, regarding the composition of the team to include members from all three child protection teams in Larimer County. Mr. Baird submitted a memo from the State reconfirming the need for implementation, effective January 1, 1998 and a revised form of the "Notice of Rights and Remedies for Families". Discussion followed.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the resolution to utilize the Fort Collins, Loveland, and Estes Park Child Protection Teams, as the Citizen's Review Panel, effective January 1, 1998, as required by CRS 19-3-211.

Motion carried 2 - 0.

R97-220g RESOLUTION IMPLEMENTING A "CITIZENS REVIEW BOARD"

CONCERNING COMPLAINTS ABOUT THE CONDUCT OF CHILD

PROTECTION STAFF INVOLVED IN DEPENDENCY AND

NEGLECT CASES

6. REQUEST FOR WAIVER OF PERSONNEL POLICY: Mr. Jacobs stated that the request before the Board today is to waive the County personnel policy to permit a two-step salary advancement of the Chief Accountant within her currently assigned grade. Mr. Jacobs noted that Ms. Bryant has been assigned significant additional responsibilities brought about by the reorganization of job responsibilities in the Accounting and Reporting Department to better accommodate the demands of the FMS system; he continued that this increase will compensate Ms. Bryant for assuming substantial additional job responsibilities without distorting the job classification system.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the waiver of personnel policy to permit a two-step increase (5%) for the Chief Accountant within her currently assigned grade, as requested.

Motion carried 2 - 0.

7. WORKSESSION:

-- Mr. Gluckman requested direction from the Board with regard to the Administrative Matters meeting next week when the new Chair and Chair Pro-Tem will be appointed and whether or not the Board would like to make committee assignments at that same time; he noted that Commissioner Clarke will not be in attendance for the meeting next week. The Board decided to wait until all three Commissioners are present before making committee assignments for the coming year.

-- Ms. Hart asked the Board if they are willing to continue to make a short introduction statement at the new employee orientation monthly meetings; the Board indicated they would like to continue doing the introductions and will alternate between the three Commissioners and Mr. Lancaster and Mr. Gluckman.

8. COMMISSIONER REPORTS:

-- Commissioner Clarke stated that he had a visit yesterday from Art Gallegos from Gallegos Sanitation regarding the increase in fees at the landfill; he stated that the County did not notify their seven biggest customers (the commercial haulers) of the change in landfill rates. Commissioner Clarke continued that Mr. Gallegos stated that he is required under his contracts to give his customers 30-days notice of any rate increase and because he was not notified he will suffer a loss in revenue of approximately $10,000 in the month of January. Commissioner Clarke asked why our main customers weren't notified after the decision was made to raise the rates to give them proper notice; Commissioner Clarke stated that Mr. Gallegos has requested that the rate increase be delayed until February 1, 1998 in order to be fair.

At this time, Ms. Henderson was called to come to the meeting to discuss the request from Mr. Gallegos with the Board; Ms. Henderson responded that this rate increase should not have been a surprise to anyone because they had been talking about it since August. Commissioner Clarke asked Ms. Henderson how she feels about what our responsibility is for notifying our customers about rate increases and he asked if a sign was posted at the Landfill for the general public to be aware of the upcoming increase in fees. Ms. Henderson responded that there was public notice in the paper about the hearings to discuss the increase in fees, but no sign was posted at the Landfill; she noted, however, that every December they send out a letter to the haulers to renew their licenses and notification of the rate increase was included in that mailing and that notice went out within the past week or two. Commissioner Clarke stated that in the future we need to be more pro-active and formally notify our customers of any changes because not everyone reads the paper. Chair Disney noted that one of the biggest haulers was at the public hearing, so the word was out on the street. In the interest of good customer service, Chair Disney asked if there was some way we could delay the rate increase for a week or two; Ms. Henderson stated that she will crunch some numbers to see if we could delay the rate increase in order for Mr. Gallegos to have time to give his customers 30 day notice. Ms. Henderson stated that she estimates that the cost to the landfill to delay the increase until February 1, 1998 would be between $50,000 to $60,000. After much discussion, the Board decided they were comfortable with proceeding with the landfill rate increase on January 1, 1998, as planned; however, the Board cautioned Ms. Henderson that in the future they want her to do a better job of notifying the customers and also have a large posting at the landfill giving notice to the public of the rate increases. Ms. Henderson concurred with the Board that they didn't do as good a job as they should have regarding notification of the rate increase to their customers and, in the future, will do so.

-- Commissioner Clarke reported that the students working with BASH (Alternative to Drug and Alcohol Parties) have received a grant of $2,500 from the Larimer County Seizure Fund and yesterday they received another $2,500 from the City of Fort Collins; he noted that they still need a little more money for 450 students to attend the BASH in Glenwood Springs on January 17, 1998 and they will be seeking those funds from other sources. Commissioner Clarke stated that he has been so involved with so much of the planning and, if it is agreeable with Mr. Lancaster and Mr. Gluckman, he asked if Chair Disney had any objections to his using some of the office expense money for mileage and other expenses incurred; he noted the total would not be more than $250. Chair Disney indicated his approval of the request. Commissioner Clarke stated the Coloradoan has graciously agreed to print the tickets for the BASH and Wendy's is providing a chili supper for the students. Since Commissioner Clarke was absent from the Administrative Matters meeting last week, Chair Disney referred him to the Minutes of that meeting (Page 12) in which, during the agenda item with Judge Dressel, he suggested that if Judge Dressel and group do return to the Board to ask for matching funds, they might consider requesting funds from the Seizure Fund.

-- Commissioner Clarke stated that the Board has received some concerns regarding the safety of the intersections of County Roads 70 & 15 and CR 70 & 9; he noted that several years ago, when there were safety concerns at the intersection of CR 54 & Highway 287 out of LaPorte, the County put in some jiggle bars or rumble strips to warn people of the approaching stop sign and he asked if we could do the same at CR 70 & 15 and CR 70 & 9. After discussion, the Board indicated that they will discuss this possibility with the Public Works Department.

At this time County Attorney George Hass, Assistant County Attorney Jeannine Haag, and Director of Planning Larry Timm joined the meeting for Legal Matters.

9. LEGAL MATTERS:

-- Permission Form for BASH: For the Board's review, Mr. Hass submitted a copy of the parents' permission form which is to be printed on the back of the students' tickets to attend the BASH on January 17, 1998.

-- Request for Approval of Quit-Claim Deed: Mr. Hass submitted a Quit-Claim Deed and Resolution for Conveyance for the Board's approval and Chair's signature; he reminded the Board that John MacFarlane, Director of Parks, discussed this exchange of property in the Big Thompson Canyon with the Board several months ago. Mr. Hass noted that we are trading some property that really is unusable with regard to open space for some property that is more suitable for visual open space; he noted that our property is worth about $1,500 and we are trading for property that is worth about $4,000 more--the Danielsons are donating $4,000 worth of property to Larimer County.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Quit-Claim Deed and Resolution for Conveyance for the Danielson Property, as described in Exhibit "A", and authorize the Chair to sign same.

Motion carried 2 - 0.

D97-37 QUIT-CLAIM DEED AND RESOLUTION FOR CONVEYANCE OF

PROPERTY BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND LARRY R. AND THERESA A. DANIELSON

-- Request for Approval to Extend Cable Agreements: Ms. Haag informed the Board that the County needs to extend their cable franchise agreements again with TCI and Fanch through the end of January, 1998. Ms. Haag noted that there still a few issues to be resolved but they have had difficulty scheduling a meeting because of the holidays; she noted they have a full-day meeting scheduled next week with TCI to work on those issues. Chair Disney requested that Ms. Haag inform both of the cable companies that the County is getting tired of extending the agreements; Ms. Haag responded that she will convey the message. Much discussion followed.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the resolutions extending the agreements with Fanch Communications, Inc. and Heritage Cablevision of Delaware, Inc. (TCI) until January 1, 1998, as requested, and authorize the Chair to sign both documents.

Motion carried 2 - 0.

R97-221g RESOLUTION EXTENDING THE AGREEMENT OF FANCH

COMMUNICATIONS, INC. AND ITS AFFILIATES TO OPERATE A

CABLE TELEVISION SYSTEM IN LARIMER COUNTY,

COLORADO

R97-222g RESOLUTION EXTENDING THE AGREEMENT OF HERITAGE

CABLEVISION OF DELAWARE, INC. (TCI) TO OPERATE A

CABLE TELEVISION SYSTEM IN LARIMER COUNTY,

COLORADO

-- Discussion of Impact Fees: During the process of reviewing the materials for setting up the public process or public forum to deal with issues involving impact fees, Ms. Haag expressed some concern about the process and wanted more clarification regarding what we are trying to accomplish because it appeared to her we are actually duplicating the process that we already have in place with the consultants working on development of road and park impact fees. Ms. Haag stated that the consultants have reviewed the legal aspect of the County's authority to impose impact fees, how they can be imposed, etc.; she noted that the ultimate result is that at the end of January the consultants will submit a report that will be available for public consumption and will be disseminated to everyone explaining the County's position, the options on impact fees, etc. Mr. Timm stated that the consultant's report will only focus on road and park impact fees; Ms. Haag doesn't think it would be a big deal to broaden it to discuss other types of impact fees. Much discussion followed; Mr. Timm stated that to include the other impact fees will require additional monies, which have not been budgeted, and he expressed concern that this will make the process take much longer and they were trying to accomplish the roads and parks impact fees in a certain time frame because they need that information to plug it into the new land use code which has a completion deadline. Chair Disney stated that another issue to be considered is the fairness issue. Chair Disney suggested that a task force be appointed and a procedure followed, similar to the 35-Acre Task Force, to try and resolve differences and build understanding. Commissioner Clarke stated that it is obvious to him that there is a lot to be said for both sides, but we need to proceed with the consultant that has been hired to work on road and park impact fees because they are on track with their own deadlines, budget, etc. and we need to bring about these two fees as soon as possible. Commissioner Clarke noted, however, that we also need to inform the citizens that the County is also interested in the larger picture of what is going on with impact fees for schools, law enforcement, etc. and that discussion will be continued. Ms. Haag stated that if you can keep the two separate, that is fine, but she is concerned that there is going to be spill over; she noted that the consultants need to know what we are intending to do with the other process and how it might affect what they are doing.

The meeting adjourned at 10:40 a.m.

_______________________________________

JIM DISNEY, CHAIR LARIMER COUNTY

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER,

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

_______________________________________

Sherry E. Graves, Deputy County Clerk

Background Image: Loveland Bike Trail by Sharon Veit. All rights reserved.