County Offices, Courts and the Landfill will be closed Monday, May 25 in observance of Memorial Day. Critical services at Larimer County will not be disrupted by this closure.
MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
Monday, APRIL 11, 2005
There were no agenda items for the regularly scheduled Land Use Hearing held each Monday; therefore, the meeting was cancelled.
TUESDAY, APRIL 12, 2005
(#31 & 32)
The Board of County Commissioners met at 9:00 a.m. with County Manager Frank Lancaster. Chair Rennels presided and Commissioners Wagner and Gibson were present. Also present were: Neil Gluckman, Donna Hart, and Deni LaRue, Commissioner’s Office; Major William Nelson, Sheriff's Department; Matt Lafferty, Planning Department; Joe Ferrando, Community Corrections; Andy Paratore, Information Management; Babette Cornell, Facilities Department; Gary Buffington, and Patricia Brennan, Parks and Open Lands Department; Katie McReynolds, Poudre High School student; Jeannine Haag, and David Ayraud, County Attorney's Office; and Gael Cookman, Deputy Clerk.
1. PUBLIC COMMENT: Harvey Mabis of Eddies Towing Company addressed the Board with complaints surrounding the fact that his business is not included on the Colorado State Patrol's (CSP) list of authorized companies for towing services. Major Nelson stated that the Sheriff's Department uses the list that the CSP provides and rotates through the towing service providers that are included on the list. Mr. Mabis had numerous issues with this practice, citing court cases, and stating that in his opinion the Sheriff's Department is in violation of restraining fair trade. Much discussion ensued and Chair Rennels asked Mr. Ayraud to clarify what the Public Utilities Commission position is regarding this issue, and to determine exactly what the Board's authority is in authorizing use of towing companies. Commissioner Wagner asked if Mr. Mabis had a pending lawsuit against Larimer County, and if so, then all discussions pertaining to this issue should cease. Mr. Ayraud noted that he would also find out if there was pending litigation against the County by Mr. Mabis.
2. APPROVAL OF THE MINUTES FOR THE WEEK OF APRIL 4, 2005:
M O T I O N
Commissioner Wagner moved that the Board of County Commissioners approve the minutes for the week of April 4, 2005, as amended.
Motion carried 3-0.
3. REVIEW OF THE SCHEDULE FOR THE WEEK OF APRIL 18, 2005: Ms. Hart reviewed the upcoming schedule with the Board.
4. CONSENT AGENDA:
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for April 12, 2005:
04122005A001 DEVELOPMENT AGREEMENT FOR WIND RIVER RANCH SPECIAL REVIEW, FILE #03-Z1488, BETWEEN THE BOARD OF COUNTY COMMISSIONERS, AND WIND RIVER RANCH AND FORD INVESTMENT CO. LLC.
04122005A002 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND GERALD AND LINDA GRANBERG
04122005A003 AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CONNELL RESOURCES, INC.
04122005D001 DEED OF DEDICATION BY GERALD AND LINDA GRANBERG OF SAID PROPERTY AS A PUBLIC HIGHWAY
04122005R001 FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF A PORTION OF LOTS 2 & 3 IN BLOCK 4, REPLAT OF A PART OF PLEASANT ACRES 2ND SUBDIVISION
04122005R002 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT OF LOTS 20 & 21 IN CEDAR PARK SUBDIVISION 5TH FILING
14122005R003 FINDINGS AND RESOLUTION APPROVING BALLARD PLACE LOT 2, BLOCK 3 AMENDED PLAT
14122005R004 FINDINGS AND RESOLUTION APPROVING THE JOHNSON-LEUTHOLD BOUNDARY LINE ADJUSTMENT
14122005R005 FINDINGS AND RESOLUTION APPROVING THE PRELIMINARY PLAT IN THE LEGACY HEIGHTS CONSERVATION DEVELOPMENT
14122005R006 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR HOMESTEAD VALLEY SUBDIVISION, #03-S2083
MISCELLANEOUS DOCUMENTS: Request for Proposal #CDPS2005-04, Intensive Residential Treatment; Colorado Waste Tire Grant Application; Amended Plat Johnson-Leuthold Boundary Line Adjustment.
LIQUOR LICENSES: The following licenses were both issued and approved: Polo's LLC - Hotel & Restaurant - Fort Collins; Loveland County Store - 3.2% - Loveland; The Baldpate Inn - Hotel & Restaurant - Estes Park; Sandy's Convenience Store - 3.2% - Fort Collins; and 287 Discount Liquors - Retail Liquor Store - Fort Collins. The following license was issued: The Rock Dance Club - Tavern - Fort Collins.
Motion carried 3-0.
5. REQUEST TO RETAIN INTEREST ON FUND BALANCE IN COMMUNITY CORRECTIONS FUND: Mr. Ferrando requested the Board's approval to waive policy 320.18A and allow Community Corrections to apply the interest earned on their fund balance to either pay off the debt of service or use the money for future building projects. Mr. Lancaster explained that the current policy dictates that the interest on all funds accrue directly to the general fund; he noted that this is probably a good exception to consider since the Community Corrections Department operates on its own with its own funds from the State. Mr. Lancaster explained that this allows them to reinvest their money and put it back into their programs. The Board supported this action.
M O T I O N
Commissioner Wagner moved that the Board of County Commissioners approve a waiver of Financial Policy 320.18A to allow Community Corrections to accumulate interest on their fund balance for the specific purpose of early payment on debt and/or future construction projects.
Motion carried 3-0.
6. APPROVAL OF NEW COUNTY-WIDE INFORMATION TECHNOLOGY (IT) SERVICE DELIVERY MODEL CONCEPTS: Mr. Lancaster explained that this project was sponsored by the County Manager's office to re-evaluate how IT services are delivered, and how the current client/server environment has evolved. He noted that they looked at how to distribute the limited services the County has in terms of both time and money, and how to standardize coordination throughout the departments. Mr. Lancaster explained that there was a lot of involvement from departments and elected officials, and as a result there are three propositions for the Board to consider: 1. Local Functional Expertise and Central Technical Resources. (how resources are distributed to the departments versus how resources are centralized.) 2. Governance Body for Decision Making and Planning. (An organizational group that will look at all of the projects, prioritize them, and allocate resources in terms of staff time.) 3. Standards are the building blocks of quality and success. (To make sure that software is compatible and people get the equipment they need, it is replaced as necessary, proper training is available, etc.) Mr. Lancaster stated that item #1 will be the most difficult to implement as some departments may be asked to give up personnel to be used for centralized resources. Commissioner Gibson questioned what will happen if the elected officials choose not to participate in this service delivery model. Mr. Lancaster stated that if anyone chooses not to participate then they will have to sign a contract and pay for the services they require. Mr. Lancaster noted that the Sheriff's Department is the exception and will not be asked to participate in this IT reorganization due to the amount of staff they require, the safety nature of their work, and the high level of support necessary to run their systems. Chair Rennels stated her main concern has to do with the critical nature of certain departments, such as the Health Department, which necessitate a quick response time due to a possible outbreak of Small Pox or Anthrax; she further questioned the ability of the individuals being able to respond with the knowledge and technology that type of situation might require. Mr. Paratore stated that yes, there will be primary individuals assigned to that particular Department, and trained for those instances. Mr. Lancaster cautioned that when first implementing this new system, he would not be surprised to see a degradation of services in the beginning while in the training and transitioning mode.
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners approve the three propositions and five supporting themes developed by the Summit Group and Task Force as a framework and building block to create a new county-wide IT Service Delivery Model.
Motion carried 3-0.
7. DONATION OF STONE SALVAGED FROM THE FORMER COURTHOUSE: Ms. Cornell explained that the City of Loveland Cultural Services Department is requesting some of the stone that was salvaged from the former courthouse to use for various public art projects. Ms. Cornell stated that they are asking for 180 tons of stone, and that the City of Loveland would be responsible for removal and transportation of the stone. Chair Rennels asked if the County would be retaining some stone for future projects at The Ranch. Ms. Cornell replied in the affirmative, noting that there is approximately 480 tons of stone left and they have been looking for uses for it since 2003. Commissioner Wagner asked if the City of Loveland would take all 180 tons of stone at once, to store and use as they need it. Ms. Cornell stated that the City of Loveland does not really know where to put it, and so she is a little unsure of how they will take possession of the stone. Chair Rennels noted that it would be difficult to monitor their usage if they did not take all 180 tons at once. The Board supported this action, and suggested that the stone be removed all at once, and within a six-month time period.
M O T I O N
Commissioner Wagner moved that the Board of County Commissioners approve the City of Loveland Cultural Services use of up to 180 tons of the 480 tons of salvaged stone. The City of Loveland will be responsible for removal and transportation of the stone which will be picked up all at once.
Motion carried 3-0.
8. UPDATE ON THE LARIMER COUNTY PARKS AND OPEN LANDS FRIENDS PROGRAM: Mr. Buffington noted that there is a new piece that has been added to the Volunteer Program called the Friends Program; he noted that this is a fund raising group which allows the citizens the opportunity to participate in and support the Parks Department in funding. Ms. Brennan explained that the Friends Program has applied to be a non-profit organization since individuals are more apt to donate funds to a non-profit organization. Ms. Brennan introduced the Board members of the Friends Program: Duane Pond, Tom Miller, and Wayne Sundberg, who explained the program in greater detail. Mr. Pond described that their first fund raiser was held at the Whole Foods grocery store, and they retained a percentage of sales for acting as door greeters. Mr. Pond noted that they currently hold meetings the second Tuesday of each month. Chair Rennels asked how the information regarding this program was being disseminated to the public, and if this information is being listed on the County's website so that interested citizens could participate. Ms. Brennan stated that it is currently not on the website, but felt this was a good idea and thanked Chair Rennels for this suggestion. Commissioner Wagner asked if there have been any press releases announcing this program. Mr. Pond stated that there was a press release when they held the fundraiser at the Whole Foods supermarket. Commissioner Wagner then suggested that they approach Wild Oats market to see if they could participate in the Wild Oats Wooden Nickel program, as another means of fundraising. The Board thanked them for the presentation and for their efforts in participating in and promoting the Friends Program.
9. LEGISLATIVE UPDATE: Mr. Gluckman stated that SB 198 - a Clerk's bill pertaining to voting, has been through numerous changes but it has not improved; therefore, the Clerk and Recorders across the state will be working with CCI to try and kill this bill as the fiscal impacts of this bill would be far too costly to implement. Mr. Gluckman then noted that he and Chair Rennels have been working with representatives of various municipalities and have come up with a final draft for the bill regarding Urban Renewal Authorities, and the Tax Increment Financing piece of this law that greatly affects Counties. Some discussion ensued regarding both of these bills.
10. WORKSESSION: Ms. Lancaster explained that he has been attending the committee meetings that pertain to updating the Fort Collins/Loveland Airport master plan. Mr. Lancaster stated that there is now talk of expanding the runways and the surrounding neighbors have some concerns about this possibility. Mr. Lancaster noted that he has been attending these meetings more as an observer, and asked the Board if there was any guidance or feedback they would like him to present on behalf of the County. Commissioner Gibson stated that he has attended one of these meetings in the past and would like to attend the upcoming meeting next week. Commissioner Wagner noted that she has received a call from a citizen suggesting the County appoint a resident from unincorporated Larimer County in order to have more citizen representation on this committee. Mr. Lancaster explained that this is not a County committee; therefore, they have no authority to appoint anyone to serve on the committee. The Board stated that they wish to have Mr. Lancaster continue serving on this committee, and asked him to draft a letter from the Board requesting that a neighboring county resident also be appointed to the committee.
Mr. Lancaster noted that the deadline for submitting Administrative Matters agenda items is currently each Friday at noon; he explained that this gives the Commissioner's staff time to post the packets on the internet. Mr. Lancaster asked if the Board was satisfied with Friday being the cutoff date, or if they would rather have the information earlier in the week. Commissioner Gibson stated that Friday was still acceptable to him; however, Commissioner Wagner requested that the deadline for submitting items be moved to Thursday. The Board agreed to move the deadline to Thursday at noon.
11. COMMISSIONER ACTIVITY REPORTS: The Board noted their attendance at events during the past week.
12. LEGAL MATTERS: Ms. Haag and Mr. Lafferty requested the Board go into Executive Session for specific legal advice. (Affidavit provided.)
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners go into Executive Session for legal advice as outlined in 24-6-402 (4)(b) C.R.S.
Motion carried 3-0.
The Executive Session ended and the meeting adjourned at 11:30 a.m. with no further action taken.
THURSDAY, APRIL 14, 2005
EAGLE RANCH ESTATES PUBLIC IMPROVEMENT
DISTRICT (PID) HEARING
The Board of County Commissioners met at 6:30 p.m. to consider the petition for the organization of the Eagle Ranch Estates Public Improvement District. Chair Rennels presided and Commissioners Gibson and Wagner were present. Also present were: Rex Burns, and Linda Sanders, Engineering Department; and Gael Cookman, Deputy County Clerk.
Mr. Burns displayed an aerial photo of the Eagle Ranch Estates subdivision noting that it was platted in 1995, with paved streets that are 32 feet wide. Mr. Burns explained that one of the goals of creating Public Improvement Districts is to establish them early enough in order to maintain the streets before they start to deteriorate. Mr. Burns stated that the proposal tonight is for the Board to consider passing the resolution that will put this issue on the November ballot so the electors in this subdivision can vote on whether or not to create the PID. Ms. Sanders explained that 61% of the residents signed the petition, and if the PID is created the mill levy imposed will generate $66,596 per year to maintain the streets within the subdivision. Ms. Sanders stated that the ballot will be certified in late August, and that she will be sending notices to the property owners reminding them to vote on the issue. Ms. Sanders stated that it will be the majority rule of those that actually turn out to vote who will determine the outcome of the PID. Ms. Sanders presented the Board with a packet of e-mails that she has received in support of the PID; she noted that there has been no opposition filed with her office regarding the creation of this PID. Chair Rennels questioned how the owner input is being considered for the lots that have not yet been improved. Ms. Sanders stated that the independent lot owners can cast a vote, as well as any corporation or developer that may still own vacant lots in the subdivision. Commissioner Gibson asked if chip seal would be utilized on the streets. Mr. Burns replied that chip seal would not be used as a method to maintain the streets.
At this time Chair Rennels asked if there was a spokesperson available to address the Board during public comment. Brad Bischoff, President of the Eagle Ranch Estates Home Owners Association, explained that a number of their HOA Board members went door to door to get the signatures on the petition. Mr. Bischoff stated that two individuals were in opposition to creating the PID, but the rest of the neighborhood is tremendously in favor of it. Mr. Bischoff stated that that they wish to continue to maintain their subdivision at the highest possible level and he requested the Board to consider this PID and allow the question to be presented to the voters in November. Chair Rennels asked Mr. Bischoff how many vacant lots were currently in the subdivision. Mr. Bischoff stated that there are 11 vacant lots and that they were able to contact some of those lot owners who did sign the petition as well.
Chair Rennels closed public comment and the following action was taken:
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners support the Resolution approving the petition for the Organization of Larimer County Eagle Ranch Estates Public Improvement District No. 26.
Motion carried 3-0.
04142005R001 RESOLUTION APPROVING PETITION FOR THE ORGANIZATION OF LARIMER COUNTY EAGLE RANCH ESTATES PUBLIC IMPROVEMENT DISTRICT NO. 26.
The meeting adjourned at 7:00 p.m.
KATHAY RENNELS, CHAIR
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Gael M. Cookman, Deputy Clerk