PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, July 26, 1999

BOARD OF EQUALIZATION

The Board of County Commissioners met at 3:00 p.m. to review and approve the recommendations and decisions made by the Board of Referees for the hearings held on July 20, July 21, July 22, and July 23, 1999.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the recommendations and decisions made by the Board of Referees for the hearings held on July 20, July 21, July 22 and July 23, 1999.

Motion carried 3 - 0.

LAND-USE PLANNING MEETING

(#502 & #503)

The Board of County Commissioners met at 3:00 p.m. in regular session with Rob Helmick, Senior Planner. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were: Sean Wheeler, Planner I; Fred Starr, Planner II; John Pedas, Code Enforcement Officer; and Assistant County Attorneys Jeannine Haag and Bryan Treu. Recording Clerk, Sherry Graves.

Chair Olson noted that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience. Mr. Helmick noted that the Timberline Industrial Park PUD has been removed from today's agenda because no recommendation has been forwarded from the Urban Growth Area Review Board.

  1. AMENDED PLAT OF LOTS 2 & 31 IN CRYSTAL LAKES SUBDIVISION
  2. 5TH FILING (#99-S1438): SW 1/4 - 01-10-74 - OFF CR 74E ON

    POTTAWATOMIE OR OSAGE TRAIL; 4.86 ACRES; 2 LOTS;

    O-OPEN ZONING

    This is a request for an amended plat to combine Lots 2 and 31 within the Crystal Lakes Subdivision, 5th Filing; said combining of lots will result in one lot, approximately 4.86 acres in area. Staff findings include: 1) The proposed amended plat is in compliance with the Larimer County Master Plan, the Larimer County Zoning Resolution and the Larimer County Subdivision Resolution; 2) The amended plat is compatible with other development in the surrounding area; 3) Approval of the amended plat will not result in any significant impacts to neighboring properties, the natural environment or the provision of services and infrastructure; 4) Property values in the surrounding area would not be adversely affected by the amended plat; 5) Technical items noted by the Engineering Department must be completed prior to final recording of the plat. The staff recommendation is for approval of the Amended Plat of Lots 2 and 31 within the Crystal Lakes Subdivision, 5th Filing.

  3. AMENDED PLAT AND EASEMENT VACATION ON LOT 15 IN
  4. CRYSTAL LAKES SUBDIVISION 2ND, AND LOT 30 IN CRYSTAL LAKES

    11th FILING, AND A PORTION OF CREEDMORE LAKES ROAD

    (#98-S1312): 07-10-73 AND 12-10-74 - OFF CR 74E; 5.62 ACRES;

    2 LOTS; O-OPEN, E-ESTATE, AND E-1 ESTATE ZONING

    This is a request for an amended plat to combine Lots 15 and 30 within the Crystal Lakes Subdivision, 2nd and 11th Filings; said combining of lots will result in one lot being approximately 5.62 acres in area. This application also requests the vacation of existing road right-of-way between the lots. Staff findings are: 1) The proposed amended plat is in compliance with the Larimer County Master Plan, the Larimer County Zoning Resolution and the Larimer County Subdivision Resolution; 2) The amended plat is compatible with other development in the surrounding area; 3) Approval of the amended plat will not result in any significant impacts to neighboring properties, the natural environment or the provision of services and infrastructure, except as noted with regard to the proposed vacation of the trail easement; 4) Property values in the surrounding area would not be adversely affected by the amended plat. The staff recommendation is for approval of the amended plat of Lots 30 and 15 within the Crystal Lakes Subdivision, 2nd and 11th Filings, and vacation of the existing road right-of-way between Lots 30 and 15 with no other right-of-way or easement dedications being vacated by this action.

  5. AMENDED PLAT FOR SUNNY ACRES SUBDIVISION, LOT 15 TRACT A
  6. (#99-1440): SE 1/4 - 04-08-69 - 5.5 MILES NORTH OF FORT COLLINS,

    DIRECTLY OFF CR 60E; 10.64 ACRES; 2 LOTS; RE-RURAL ESTATE

    ZONING

    This is a request for an amended plat to adjust the existing boundary between Lot 15 and Tract A within the Sunny Acres Subdivision; said boundary adjustment will result in Lot 15 becoming approximately 2.68 acres in area and Tract A becoming approximately 7.95 acres in area. The staff findings include: 1) The proposed amended plat is in compliance with the Larimer County Master Plan, the Larimer County Zoning Resolution and the Larimer County Subdivision Resolution; 2) The amended plat is compatible with other development in the surrounding area; 3) Approval of the amended plat will not result in any significant impacts to neighboring properties, the natural environment or the provision of services and infrastructure, except as noted with regard to the proposed vacation of the trail easement; 4) Property values in the surrounding area would not be adversely affected by the amended plat. The staff recommendation is for approval of the amended plat of Lot 15 and Tract A within the Sunny Acres Subdivision with no right-of-way easement dedications being vacated by this action.

  7. AMENDED PLAT OF PTARMIGAN 3RD, BLOCK 2, LOTS 25 & 26

(#99-1444): SECTION 14, TOWNSHIP 06N, RANGE 68W; 0.98 ACRES

2 LOTS; E-1 ESTATE DISTRICT ZONING

This is a request for an amended plat to adjust existing lot lines between Lots 25 & 26, Block 2, Ptarmigan 3rd; the adjustment will result in two lots, Lot 1 being 14,984 sq. ft. and Lot 2 being 27,798 sq. ft. Staff findings are: 1) The proposed amended plat is in compliance with the Larimer County Master Plan, the Larimer County Zoning Resolution and the Larimer County Subdivision Resolution; 2) The amended plat is compatible with other developments in the surrounding area; 3) Approval of the amended plat will not result in any significant impacts to neighboring properties, the natural environment or the provision of services and infrastructure, except as noted with regard to the proposed vacation of the trail easement; 4) Property values in the surrounding area would not be adversely affected by the amended plat. The staff recommendation is for approval of the Amended Plat of Lots 25 & 26, Block 2, Ptarmigan 3rd, subject to County Surveyor questions being resolved prior to document review and final signature.

5. MCMAHEN AMENDED EXEMPTION (#99-S1457): SE 1/4,

SECTION 05, Township 07N, Range 68W - 1/4 MILE NORTH OF

CR 48 ON CR 9E; 19.5 ACRES; 2 LOTS; FA-1 FARMING ZONING

This is a request for an Amended Exemption plat to adjust existing lot lines between Tract A-1 and B-1; the adjustment will result in Tract A-1 being approximately 3.0 acres in size and Tract B-1 will be approximately a 16.52 acre parcel. Staff findings include: 1) The proposed amended exemption is in compliance with the Larimer County Master Plan, the Larimer County Zoning Resolution and the Larimer County Subdivision Resolution; 2) The amended exemption is compatible with other developments in the surrounding area; 3) Approval of the amended exemption will not result in any significant impacts to neighboring properties, the natural environment or the provision of services and infrastructure, except as noted with regard to the proposed vacation of the trail easement; 4) Property values in the surrounding area would not be adversely affected by the amended exemption. The staff recommendation is for approval of the Amended Exemption Plat of the Donald H. McMahen Exemption with no conditions for approval.

 

 

 

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and staff recommendations and approve the Amended Plat of Lots 2 and 31 with the Crystal Lakes Subdivision 5th Filing (#99-S1438); Amended Plat and Easement Vacation of Lots 30 and 15 in the Crystal Lakes, Lot 30 (#98-S1312); Amended Plat of Sunny Acres Subdivision, Lot 15 Tract A (#99-S1440); Amended Plat of Lots 25 & 26, Ptarmigan 3rd, Block 2 (#99-S1444); and Amended Exemption Plat of the Donald H. McMahen Exemption (#99-S1457); each, with conditions as outlined.

Motion carried 3 - 0.

6. SALLEE REZONING AMENDMENT (#99-Z1301): 34-05-73 - NORTH

OF SPUR 66, 1 1/2 MILES WEST OF ESTES PARK; 1.13 ACRES;

5 PROPOSED DWELLING UNITS; A-ACCOMMODATION ZONING

This is a request to amend prior conditions of approval of a rezoning allowing an accessory structure to be converted to residential use. Mr. Helmick described the project and its location, reviewed the major concerns and issues, and submitted two letters, one in opposition and the second in favor of the request, including a petition signed by a number of residents. Mr. Helmick stated that some of the complaints received regarding this property appear to be related not to the density or the use of the services available, but to the character of the residents of the property or the management of the site; he noted that if this request is denied today, the County will continue to be confronted with the potential for ongoing enforcement actions. Mr. Helmick stated that approval of this request would create a 5-unit multiple family use on the site and the A-Accommodation zoning is not appropriate; he noted that if it is the intent of the applicant to have full time dwelling units, rezoning and going through the subdivision or PUD process would be the most appropriate course of action to pursue. The staff findings are: 1) The rezoning of the property was subject to certain conditions established by the Board of County Commissioners in two prior hearings; 2) The conditions of the approval limited the number of dwelling units on the property and limited the use of the dome to accessory purposes; 3) The strict application of the conditions of the rezoning does not deny the applicant a reasonable use of the property; 4) The Board of County Commissioners has previously rejected this request and nothing has changed since that time; 5) There have not been any unique or unusual circumstances in the area or to the property which would warrant changing the existing conditions on the rezoning. The staff recommendation is for denial of the requested change of conditions of the rezoning of the property.

Camilla Saint, attorney representing the applicants, reviewed the background of this property and noted that originally the geodesic dome was built at a cost of $185,000 as an accessory use for the two duplexes and five cabins on the property; however, because the cabins needed upgrading, and due to the lack of financial resources, the "dome" was not utilized by the clientele for reunions, etc., and the cabins were subsequently sold. Ms. Saint stated that the two duplexes do not support the "dome" as an accessory use and they were converted to long-term single family rental units and are providing affordable housing for four families. Ms. Saint stated that the tenants occupying the premises caused the problems and attempts by the Andrews to evict them took a long time, but they have vacated the premises now. Ms. Saint stated that going through the subdivision or PUD process would be very costly for the Andrews; she submitted pictures of the "dome" structure taken several days ago showing the ongoing cleanup. Bob Meyer, attorney and partner in Meyer & Saint Law Firm, pled for the Board to approve the request because the Andrews have no where to turn if their request is denied. Questions from the Board and discussion followed.

At this time the hearing was opened for public comment; Lynette Lot adjacent property owner and co-owner of the Valhalla Resort, stated that the real issue is the blatant non-compliance with the zoning as Mr. Andrews has continued to have renters even though he was told two years ago that he could not. Ms. Lot also stated that the building is not maintained and is a detriment to their neighborhood; she noted that Mr. Andrews does not take care of his tenants and most of them are groups because he charges so much. Ms. Lot presented a paper containing neighbors' signatures in opposition to this change and a copy of the Sheriff's report; she asked that the Board uphold the previous ruling from 1997 and make sure that Mr. Andrews is required to comply with that ruling. David Anderson, adjacent property owner, stated he has been in the dome many times and the roof doesn't leak and Mr. Andrews does maintain it and when the HUD family moved out, he did a lot of renovation; he stated that he cannot see any other use for the dome and it is agreeable with him to have it be a single family unit. Mr. Andrews stated he had no intention of being a bad landowner and his subletting it to HUD was a very bad decision.

More questions from the Board and discussion ensued; Commissioner Disney stated that he understands the financial situation and Estes Park does need affordable housing, but it is not up to County government to bail people out of bad business decisions. Mr. Helmick stated the most appropriate course is for them to propose a rezoning and go through the full public hearing process where the issues of adequate public facilities and services and neighborhood compatibility can be addressed. Mr. Helmick stated that the surrounding zoning is E-Estate and A-Accommodation and to insert a small spot of M-Multiple raises other questions; he also noted that the applicants never got a building permit to convert it to a dwelling unit - there is no permit on file nor Certificate of Occupancy. In answer to questions from the Board regarding costs, Mr. Helmick responded that a special exception takes two months and cost $800; a subdivision/PUD rezoning full process costs $5,300 and take six months to one year. Mr. Helmick stated that another concern is that the County does not send a message that rules are made and then not enforced. Commissioner Rennels stated that she would like to figure out a way to give the Andrews a time line exception so they can rent this dome to provide some financial assistance on the condition that they apply for a subdivision and bring it under the proper zoning. . Again, Commissioner Disney stated that the adoption of the new Estes Valley Land Use Code will also be adopting a zoning map, which may change everything.

At this time, a 5-minute recess was taken so Commissioner Disney could retrieve the proposed new Estes Valley Land Use Code and zoning map for the Board to review; after checking the map, it was noted that under the proposed zoning map and code, it appears that a multiple family dwelling would be consistent with the allowed uses and would be legal in the A-Accommodation zone. Mr. Helmick stated that while the zoning proposed appears to allow these uses, it still would require the applicants to go through the subdivision process.

Lengthy discussion followed and the Board considered many options to try and resolve this situation; Commissioner Disney stated that it is not fair to the other citizens to reward bad behavior. Ms. Haag stated that District Court action for a zoning violation is pending and they need to either go forward with it or dismiss it; she summarized that the options for the Board to consider are: 1) Grant the request; 2) Grant the request with conditions; or 3) Deny the request. Mr. Helmick questioned whether the conditions being considered can be enforced; the Board decided that any of the conditions being considered created undue problems for the County to enforce.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners adopt the staff findings and staff recommendation and deny the Sallee Rezoning Amendment (#99-Z1301).

Motion carried 3 - 0.

  1. MONTY VARIANCE FEE WAIVER REQUEST (#99-S1463):

This is a request to waive the Board of Adjustment application fee of $420.00 on a variance application fee. Mr. Pedas stated that the applicant plans to build a barn on County Road 66E and in reviewing the site application, it was noted they were proposing the building at 75 ft. from the centerline of the road; he continued that the actual minimum requirement for setback is 125 ft., based on the road classification standards and setbacks. Mr. Pedas stated that when he talked to the applicants, they indicated they had discussed the setback with someone in the Planning Department prior to submitting the building permit application and were told that the building setback was 75 ft. from the center of the road; however, they do not recall the name of that staff person. Mr. Pedas stated that based on the fact the applicants have expended some funds in a design and the location, they felt it was unfair to also have to pay $420 to apply for a setback variance when they were originally told that the setback was only 75 ft. The staff recommendation is for denial of the request to waive the variance application fee.

Applicant Kathy Monty stated that 75 ft. is on her access permit notes and she didn't realize she had to take down someone's name so her veracity would be trusted; she noted they already spent have $500 on barn plans, which they are going to build themselves. Ms. Monty stated that the barn is going to built against a hill and if they setback 125 ft., it would be in a bog; she noted that if they had known, they would have done completely different barn plans. Ms. Monty stated that if this waiver is granted, they will ask for a zoning variance and were informed they might be approved for 90 ft. rather than 125 ft., which they could do. Discussion followed; Mr. Helmick stated that the fee calculation is 50% recovery of all costs of development review.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners split the difference and allow a variance and waive one half or $210 of the application fee.

Motion carried 3 - 0.

The hearing adjourned at 5:45 p.m.

TUESDAY, JULY 27, 1999

ADMINISTRATIVE MATTERS

(#104 & #503 at 3000)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were: Shirley Greve-Coughlin, Youth Conservation Corps; Tom Looft, Employment & Training Services; Randy Ratliff, Director Mental Health Center; Ralph Jacobs, Director Human Resources; Andy Paratore, Director Information Management Services; Capt. Ern Hudson and Sgt. Andy Josey, Sheriff's Department Investigations Division; Loren Schall, Assistant District Attorney; Linda Coxen, District Attorney's Office Administrator; Scott Tucker, District Attorney's Office and IMS; Donna Hart, Commissioners' Office Administrative Manager; and Deni LaRue, Community Information Manager. Recording Clerk, Sherry Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: Mary Warring addressed the Board regarding the worksession this evening with the Fort Collins City Council regarding the northeast truck route; she noted that her main concern is the way the truck route impacts the County and County residents, especially the Cloverleaf residents. Ms. Warring stated that at a meeting she attended recently, Mr. Engemoen suggested that possibly there could be some limitation on truck traffic, like restricting it to local traffic only; she noted that currently the trucks are cutting across the frontage road and CR 5 and when she talked to the City, she was told there is nothing they can do to restrict local traffic, which she knows is not true. Ms. Warring asked if the City and the County could discuss this issue tonight so there is some alleviation of truck traffic on the frontage road, because if it is not addressed, it is only going to get worse. Ms. Warring stated that another concern is that an agreement regarding priority funding of projects needs to be signed by the County and the City of Fort Collins.

2. APPROVAL OF MINUTES FOR WEEK OF JULY 19, 1999:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Minutes for the week of July 19, 1999, as submitted.

Motion carried 3 - 0.

3. APPROVAL OF SCHEDULE FOR WEEK OF AUGUST 2, 1999:

Commissioner Disney moved that the Board of County Commissioners approve the Schedule for the week of August 2, 1999, as submitted and revised.

Motion carried 3 - 0.

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

4. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the following Petitions for Abatement, action items, and documents as listed on the Consent Agenda for Document Review on July 27, 1999:

PETITIONS FOR ABATEMENT AND REFUND OF TAXES, as recommended by the County Assessor Steve Miller, were approved for the following: Majestic West Sportswear/Donna Valerius; Subway Sandwiches & Salad; Frank & Ruth Lutes; Mother Hubbard; Holiday Inn University; Amer Bench Outdoor Promotions; James Fogarty; Katherine, Gary Jr., Jeffrey & Kelley Vogel; Kenneth Aldrich; Harry & Debra Vermillion; Donald & Charlotte Hahn (2 Petitions); Gary & Mary Gerrard; Fort Collins Area Chamber of Commerce, Inc.; Alfred, Helen & Johney Thompson; Recreational Equipment, Inc.; and Thomas & Barbara Suiter.

ACTION ITEMS: Final Plat for the Lampert Minor Residential Development; Annual Increase to Standard Rates for the Mental Health Center; Amendment to the Larimer County Works Plan for Temporary Assistance to Needy Families (TANF); Reappointment of Sharon Winfree to the Community Corrections Advisory Board for a two-year term ending June 30, 2001; and Reappointment of Karen Wagner and Appointments of Ramon Ajero, Raymond Herman, Dave Swartz, and Lois Tameer to the Environmental Advisory Board, each for a three-year term, effective July 1, 1999 until June 30, 2002.

 

MISCELLANEOUS DOCUMENTS: Larimer County Treasurers' Six Month Report; Submittal of the Program Year 1996 Job Training Partnership Act Closeout Package; Amended Plat for the Fort Collins Business Center; Johnson Minor Land Division; Amended Exemption Plat of Donald H. McMahen Exemption; and the Amended Plat for S. Makomis Lake, Lot 7 & 8.

LIQUOR LICENSES: County approval for renewal of liquor licenses was granted to Ptarmigan Club - 6% - Fort Collins, CO.; Taharaa Mountain Lodge - 6% - Estes Park, CO., and a 6% SPECIAL EVENTS Permit on August 28, 1999 for the Citizens for Preservation of Property Rights in Loveland, CO. Licenses were issued to: Conoco #-63354 - 3.2% - Fort Collins, CO.; Conoco #06358 - 3.2% - Loveland, CO.; Two licenses for Forks General Store - 6% & 3.2% - Livermore, CO.; Villa Tatra - 6% - Lyons, CO.; Supermarket Liquors - 6% - Fort Collins, CO.; Marriott Management Services Corp. 6% - Fort Collins, CO. and CSU Concessions at Hughes Stadium - 3.2% - Fort Collins, CO.

A99-143 CLEANING SERVICES AGREEMENT BETWEEN THE BOARD

OF COUNTY COMMISSIONERS AND D & N CLEANING &

JANITORIAL, INC. (Cleaning Services for County Buildings)

A99-144 DEVELOPMENT AGREEMENT RELATING TO DEVELOPER'S

OBLIGATIONS IN RESTHAVEN FUNERAL CHAPEL SPECIAL

REVIEW BETWEEN THE BOARD OF COUNTY COMMISSIONERS

AND SCI COLORADO FUNERAL SERVICES

A99-145 MEMORANDUM OF UNDERSTANDING BETWEEN THE BOARD

OF COUNTY COMMISSIONERS AND THE COLORADO

DEPARTMENT OF LOCAL AFFAIRS & Colorado STATE

UNIVERSITY COOPERATIVE EXTENSION (Provide Technical

Assistance in a 14-County Area of Northern & Eastern Colorado)

A99-146 WARRANTY COLLATERAL AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND ROSE ACRES

CO., LLC. RELATING TO COMMENCEMENT RIDGE

SUBDIVISION

C99-46 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO FOR THE

USE AND BENEFIRT OF THE STATE BOARD FOR

COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION

AND COMMUNITY SERVICE COLORADO AMERICORPS

PROGRAM

C99-47 CONSTRUCTION CONTRACT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND MOUNTAIN CONSTRUCTORS,

INC. OF PLATTEVILLE (Bid No. 99-28 PN 8482 and PN 8485 -

Miravalle and Mountview LID's)

R99-85s RESOLUTION REGARDING RELEASE OF COLLATERAL FOR

COMMENCEMENT RIDGE SUBDIVISION

R99-86s FINDINGS AND RESOLUTION RESCINDING PRIOR VACATION

OF PUBLIC ROAD/BRIDGE PATH EASEMENT IN STANLEY

HEIGHTS SUBDIVISION

R99-87s FINDINGS AND RESOLUTION APPROVING THE DAVIES

MINOR RESIDENTIAL DEVELOPMENT

R99-88s FINDINGS AND RESOLUTION APPROVING A RIGHT-OF-WAY

VACATION WITHIN THE PORTER MINOR LAND DIVISION

Motion carried 3 - 0.

5. COLORADO CARES DAY PROCLAMATION: Ms. Greve-Coughlin and Mr. Looft requested the Board to proclaim July 31, 1999 as Larimer County Cares Day in conjunction with Colorado Cares Day, as proclaimed by Colorado Governor Bill Owens, a day in which all citizens are encouraged to get involved with volunteer community service projects. Ms. LaRue stated that Larimer County is participating in Colorado Cares Day by having a volunteer trail building event on July 31, 1999 from 9 a.m. until 2 p.m. at the Devil's Backbone west of Loveland, Colorado. Commissioner Rennels read the Proclamation aloud.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners proclaim July 31, 1999 as Larimer County Cares Day in conjunction with Colorado Cares Day, and authorize the Chair to sign the Proclamation.

Motion carried 3 - 0.

6. APPROVAL OF TELEWORKING PROCEDURE POLICY: Mr. Jacobs requested Board approval of a Teleworking policy, which is to be placed in the County Operations Manual; he described the policy and noted that Larimer County has been a strong supporter of efforts to reduce the number of one-passenger automobile commuting miles traveled and this policy has been created to assist in that effort. Mr. Jacobs stated that participation in this program is voluntary and subject to approval by the employee's supervisor. Commissioner Rennels asked about training for supervisors and employees for the telecommuting; Mr. Jacobs responded that they plan to provide training for supervisors and he noted that either the employer or employee can terminate this arrangement at any time. Commissioner Disney asked if there will be a way to collect the information from the various departments regarding their telecommuting experiences and he also would like a daily trip dairy kept by the employees.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve adoption of the Teleworking Program (Administrative Policy and Procedure 330.IA), as presented, and authorize the Chair to sign same.

Motion carried 3 - 0.

7. PERSONNEL POLICY WAIVER REQUESTS FROM MENTAL HEALTH CENTER: Mr. Ratliff requested Board approval to allow an exception to County policy for two of their current employees with regard to repaying an overpayment of their salary; he noted that it recently came to the attention of the Center's Management Team that two of their staff (Licensed Psychologists) had received an overpayment in their salary as the result of a clerical error. Mr. Ratliff noted that all members of the Center's Management Team participated in and unanimously supported the decision for requesting the exception; he noted that the overpayment is $1,295.37 and will be absorbed into their budget. Mr. Ratliff stated that as this was an administrative error, and in no way the fault of the employees, he does not believe that the employees should have to refund the money.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the exception to policy and not require the two Licensed Psychologists in the Mental Health Department to payback the overpayment of salary of $1,295.37.

Motion carried 3 - 0.

8. REQUEST FOR ADDITIONAL FTE IN THE SHERIFF'S DEPARTMENT: Capt. Ern Hudson requested approval of a new position of Sheriff's Services Technician to assist their current specialist in the evidence area; he noted they have the money to pay for this position the remainder of this year, but asking the County to pay the salary for this position starting in the year 2000. Chair Olson stated that she has no doubt that there is a need for this position, but there is no money available in the budget and they are going to ask every department in the County to cut their budget next year. The Board said if they want to fund this position the remainder of the year, that is OK, but they need to figure out how to fund it themselves in the year 2000.

-- Mr. Lancaster announced, thanks to the efforts of the Sheriff's Department, that Larimer County is going to receive $129,982 in federal funds from the United States Department of Justice as partial reimbursement for housing, clothing, transporting, and other services delivered to inmates; he noted that the money will go toward the Sheriff's Records Management (RMS) and Jail Management (JMS) Systems, two currently outdated software tracking systems. Mr. Lancaster stated that Larimer County contracted with Dallas-based Justice Benefits, Inc., a company specializing in claiming little known, hard to access federal funds, to search the list of federal programs that offer reimbursement opportunities and they will paid a finder's fee of $28,596 (22%) of the total, once Larimer County receives the funds.

9. REINSTATEMENT OF EXPIRED POSITION IN THE DISTRICT ATTORNEY'S OFFICE: Ms. Coxen requested Board approval of reinstatement of a half-time legal secretarial position to hire an Administrative Assistant; she noted that this position has been vacant for nine months and they have hired temporaries without benefits in the interim, which has resulted in salary savings. Ms. Coxen stated that no additional funding is required for this position, as funding is available in their budget.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the reinstatement of a FTE position of Administrative Assistant in the Administration Division in the District Attorney's Office, as requested, with no additional funding required.

Motion carried 3 - 0.

10. REQUEST FOR ADDITIONAL LAW INTERN IN THE DISTRICT ATTORNEY'S OFFICE: Ms. Coxen requested Board approval of funding for an Office Clerk II, at $23,400 per year, and a Law Student Intern, at $6,750 per year; she provided the background for the request and described the need, noting the Office Clerk II is needed due to a change in court procedures and the Law Student Intern request is a result of the temporary County Court Magistrate being replaced with a full time County Court Judge, effective August 15, 1999. Ms. Coxen stated that they cannot prosecute cases without staff. Much discussion followed; the Board stated they understand the need, but they have no money and cannot approve the request. The Board acknowledged what a good job the District Attorney's Office is doing with limited staff and funds; they noted they are only going to be able to fund "critical" needs and many of the discretionary programs are going to have to be cut. The Board said they promise to try and find funds to approve the request in the future, but do not have the funds today.

11. REQUEST FOR COMPUTER PROGRAMMER POSITION IN THE DISTRICT ATTORNEY'S OFFICE: This agenda item was not discussed as it would be mute in light of the budgetary restraints in the County.

12. COMMISSIONER REPORTS:

-- Commissioner Disney stated that at the groundbreaking ceremony of the new Visitor's Center in Estes Park, he had a discussion with the property owner Bill Carle, who owns and operates facilities in five other counties in the State and he noted he had a very difficult time getting through our land use system. Mr. Carle stated that the restaurant inspection system in Larimer County is onerous; Commissioner Disney asked if we need to review what our County is doing relative to other counties and if what we are requiring is unreasonable. The Board concurred they have also heard similar comments; they stated that the Board of Health has the authority in this area. It was noted that there is an opening on the Board of Health and possibly one of the Commissioners could be appointed to serve on that Board. Commissioner Disney suggested that a Task Force be formed to look at this problem; Mr. Lancaster will set up a meeting with Dr. LeBailly to discuss this matter.

-- Commissioner Rennels reported on a congressional field hearing she attended in Greeley last Saturday with Secretary of Agriculture Don Ament, Congressmen Schaffer and Palombo, and Mark Udall and Senator Campbell; she noted it was a good hearing and they discussed the rules and regulations of the Endangered Species Act and determined they are onerous and arbitrary. She stated that it is resulting in farmers and ranchers having to sell or subdivide their land, which results in exactly the opposite of what they want to do to the habitat; she noted the hearing was well balanced and represented by persons from agriculture, U. S. Fish and Wildlife, Nature Conservancy--the people who make and institute the rules and she hopes they received a lot of good information as it brought to light a lot of questions and they need to establish a level of trust.

At this time, Assistant County Attorney Jeannine Haag joined the meeting for Legal Matters.

13. LEGAL MATTERS:

-- Ms. Haag stated that she received Form 394 from the Cable Television Company in Estes Park and they want to transfer their cable to another company; she noted they have to show they have the technical ability and legal authority and demonstrate under the law to have this transfer occur and our cable television agreement states that the franchise cannot be transferred to someone else without our consent. Ms. Haag asked the Board if they want to have a public hearing on this transfer; she noted it is not a legal requirement; if not, it is basically a review of their paper work and everything they have submitted looks like they meet the criteria for the transfer to occur. Discussion followed and the Board decided not to hold a public hearing for the transfer of this cable television company.

-- Ms. Haag discussed the Location and Extent process and noted that some general guidelines and rules needed to be written; she noted that questions regarding this process have been coming in and common sense needs to be applied. Chair Olson asked if she or Mr. Hass would be willing to go to Open Lands Board to discuss this issue; Ms. Haag responded in the affirmative.

The meeting recessed at 11:30 p.m.

EXECUTIVE SESSION

The Board of County Commissioners met at 2:00 p.m. for a worksession with Gregg Pickett, Director Parks and Open Lands, and K-Lynn Cameron, Open Lands Manager. Chair Olson presided and Commissioners Disney and Rennels were present.

 

 

 

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners go into Executive Session at 2:44 p.m. with Gregg Pickett, Director Parks and Open Lands, and K-Lynn Cameron, Open Lands Manager, to discuss land negotiations.

Motion carried 3 - 0.

Executive Session ended at 3:10 p.m.; no action taken.

 

 

___________________________________________

CHERYL OLSON, CHAIR LARIMER COUNTY

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

 

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Sherry E. Graves, Deputy County Clerk