PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

    TUESDAY, JANUARY 19, 1993   

                     MEETING TO DISCUSS OPEN MEETING ISSUES 
                                  (#132 @ 350)  

    The  Board  of  County Commissioners met at 9:30 a.m. in regular session
    with   George  Hass,  County  Attorney.   Chairman  Hotchkiss  presided;
    Commissioners  Disney  and  Duvall  were present.  Also present was Bill
    Gordon, County Administrator.  Recording Clerk, S. Graves.  

    The  Board  congratulated the Larimer County Assessor, Steve Miller, for
    being   chosen  "Assessor  of  the  Year"  by  the  Colorado  Assessor's
    Association.

    After  reviewing the Open Meetings Law, S24-6-401 C.R.S., Mr. Hass noted
    that  the definition of a "meeting" is any kind of gathering convened to
    discuss  public  business" and full and timely notice to the public must
    be  given  of  such meetings.  Further, the Colorado Sunshine Law states
    that  "public  policy  is  public  business  and may not be conducted in
    secret".   But,  when  the  Board  is  together for a purpose other than
    conducting  public  business;  i.e.,  carpooling,  etc.,  the incidental
    discussion  of  a  public  issue  will not offend the Open Meetings Law.
    However,  Mr.  Hass  stated  that  the  legislative declaration for open
    meetings  is directed to the formation of policy, not to the performance
    of  administrative  functions.   The  Statute  further  states  that the
    administrative  staff  of local public bodies are excluded from the Open
    Meetings  Law.   Since the Board of County Commissioners performs policy
    making  and  administrative  functions,  application  of  the law to all
    Commissioner actions becomes ambiguous.  Therefore, Mr. Hass recommended
    the  Board  exercise  caution  when  determining  if a meeting should be
    conducted  in  open or closed executive session.  Executive sessions and
    their  purpose  must  be  announced.   The general subjects of Executive
    Sessions  include:   Discussions  about acquisition or sale of property,
    attorney  conferences  about  specific  legal  issues,  determining  and
    developing negotiating strategy, personnel matters, and consideration of
    matters or documents required to be kept confidential by other laws.  No
    final action can be taken in an Executive Session.  

    Further discussion continued regarding the Board's position with the IGA
    (Intergovernmental Agreement) with the City of Loveland and the proposed
    Water  Park  in  Loveland.   Mr. Hass stated that Larimer County and the
    City  of  Loveland  must  be in agreement on decisions involving an area
    within  the  IGA.   It was generally agreed among the Board members that
    the  IGA should be reconsidered and possibly amended to allow the County
    to  have  more input concerning an area about to be annexed if an impact
    on adjacent property owners will be realized.   

    Mr.  Hass submitted written documentation to Commissioner Duvall stating
    it is appropriate for Ms. Duvall's husband to remain on the Board of the
    LaPorte  Area Advisory Committee, as queried by Commissioner Duvall last
    week.   

    The meeting recessed at 10:50 a.m.  
  
                       BRIEFING ON URBAN DISTRICT MEETING   
                                      (#13) 

    The  Board  of  County  Commissioners reconvened at 1:30 p.m. in regular
    session  with  Bill  Gordon,  County  Administrator.  Chairman Hotchkiss
    presided;  Commissioners  Disney  and  Duvall  were  present.  Recording
    Clerk, S. Graves.   

    Commissioners  Disney and Duvall briefed Chairman Hotchkiss on the Urban
    District  Meeting they attended last week.  Commissioner Disney reported
    that  a  key  contact  Commissioner  is  to be selected from each County
    within  the  Urban  District  to  participate in conference calls and to
    provide  a  quick response establishing the viewpoint of the majority of
    the  Board  and  the  County's  position  on any particular subject.  To
    achieve   this,   electronic  voting  or  FAX  will  be  utilized.   The
    possibility  of  joining  County  Link was discussed and Mr. Gordon will
    determine  what  the  cost would be to join.  After discussion, Chairman
    Hotchkiss   appointed   Commissioner   Duvall  to  be  the  key  contact
    Commissioner  and  Commissioner Disney will act as proxy in her absence.
    Other items presented at the Urban District Meeting were also discussed.

    M O T I O N 

    Commissioner  Duvall  moved  that  the  Board  of  County  Commissioners
    dissolve  into  the  Board  of  Social  Services for a meeting with Doug
    Keasling, Director of Social Services.  

    Motion carried 3 - 0.   

    The meeting recessed at 2:00 p.m.   

                          PUBLIC WORKS STANDING MEETING 
                                  (#13 @ 1365)  

    The  Board  of  County  Commissioners reconvened at 3:00 p.m. in regular
    session  with  Rex  Smith, Director of Public Works.  Chairman Hotchkiss
    presided;  Commissioners  Disney  and Duvall were present.  Also present
    were:   Elaine  Spencer,  Director of General Engineering Services; John
    Barnett,   Director  of  Planning;  Russ  Legg,  Development  Processing
    Administrator; Judy Wade, Resident Prairie Divide Road; and Bill Gordon,
    County Administrator.  Recording Clerk, S. Graves.  

    1.   REQUEST  FOR  WINTER  MAINTENANCE  ON  COUNTY  ROAD  179:  Ms. Wade
    requested  snow  removal  for  a two-mile section of County Road 179 off
    Cherokee  Park  Road onto Prairie Divide Road up to the Elk Meadows Road
    Association  portion  of the road.  Mr. Smith noted that since the early
    1980's, this road has been signed "Larimer County is not responsible for
    winter  maintenance  of  this  road".    After  considerable discussion,
    CONSENSUS  OF  THE  BOARD  was  to deny this request for snow removal on
    County Road 179.

    2.   UPDATE  ON  COUNTY ROAD 9 NORTH OF U.S. 34:  Mr. Smith provided the
    background  information on County Road 9 noting that in 1986 the City of
    Loveland  asked  Larimer  County  to  share  in  the  cost  of designing
    improvements for County Road 9.  Larimer County agreed, the improvements
    were  designed,  and money set aside.  Subsequently, as this area was up
    for  annexation,  the  money  designated  for  County Road 9 was used to
    improve  Wilson Avenue.  Mr. Smith stated that the developer will do the
    road  improvements  from  Highway 34 past the Water Park, and everything
    north  of  Boyd  Lake  is  in  the City of Loveland.  There is a 56-acre
    stretch of County Road 9 which does not have a proposed use at this time
    and, therefore, no road improvements scheduled.  The County residents in
    this  area  are concerned about the increased traffic impact.  Mr. Smith
    noted that development in this 56-acre stretch will soon alleviate their
    concerns.   A traffic impact study of the area was taken and Ms. Spencer
    stated  that presently there are 1500 car trips per day on County Road 9
    and  it  is  expected  the  water park will only create an additional 40
    trips per day, and will not create a significant impact.

    Mr.  Barnett  presented a letter containing the findings and comments of
    the  Larimer County Planning Staff regarding the proposed water park and
    its impact on County Road 9; this letter to be presented at the Loveland
    City  Council Meeting tonight.  Mr. Barnett requested Board approval and
    the  Chairman's  signature.   Commissioner Duvall expressed concern that
    the  County  residents  north  of this proposed water park are not being
    heard  and  recommended  this  matter  be reviewed by the Larimer County
    Planning Commission to afford the residents an opportunity to have their
    concerns  heard and addressed.  To accommodate this suggestion, it would
    be  necessary  for  the  Loveland City Council to postpone their meeting
    scheduled  for  tonight.   Commissioner  Disney was not comfortable with
    this  suggestion,  as he felt the residents' concerns were addressed and
    heard  at  the  last four-hour City Council Meeting.  Chairman Hotchkiss
    agreed  with  Commissioner  Disney, but indicated that in the future the
    County  intends  to  review  the Intergovernmental Agreement and be more
    involved  in  decisions  regarding  annexation and proposed development.
    The  letter presented by Mr.  Barnett for Board approval was amended and
    an  extra  paragraph  added stating the Board has not examined in detail
    any  issues  associated  with  the  water  park other than the potential
    impacts  on  County Road 9, and the Board appreciates the City Council's
    willingness  to  encourage County residents to participate in the public
    hearing process.

    The meeting adjourned at 4:20 p.m.  

    WEDNESDAY, JANUARY 20, 1993 

                             ADMINISTRATIVE MATTERS 
                                      (#21) 

    The  Board  of  County Commissioners met at 9:30 a.m. in regular session
    with  Bill  Gordon,  County Administrator.  Chairman Hotchkiss presided;
    Commissioners  Disney and Duvall were present.  Also present were: Ralph
    Jacobs,  Director  of  Personnel;  and  Patsi  Maroney, Compensation and
    Benefits Specialist.  Recording Clerk, S.  Graves.  

    1.   REQUEST FOR APPROVAL AND SIGNATURE ON THE 1993 RENEWAL FOR TAKECARE
    COLORADO  AND  THE  1993  RENEWAL  FOR  THE CASE MANAGEMENT/PREADMISSION
    CERTIFICATION PROGRAM WITH BYERLY & COMPANY:  Mr. Jacobs requested Board
    approval  and  the  Chairman's signature on two documents and noted that
    the  TakeCare  Colorado  renewal  reflects a 7.39% rate increase and the
    Case  Management/Pre-Admission Certification Contract renewal reflects a
    6.06%  rate increase for 1993.  Both documents have been "approved as to
    form"  by  Marla Hehn, Assistant County Attorney.  It was suggested that
    the  Case Management/Preadmission Certification Contracts be put out for
    bid next year.  

    M O T I O N 

    Commissioner  Disney  moved that the Board approve and the Chairman sign
    the 1993 Renewal for TakeCare Colorado and the Agreement Concerning Case
    Management  and  Pre-Admission  Certification  Program  with  Byerly and
    Company.

    Motion carried 3 - 0.   

    A93-13  AGREEMENT CONCERNING CASE MANAGEMENT AND PRE-ADMISSION  
            CERTIFICATION PROGRAM BETWEEN THE BOARD OF COUNTY   
            COMMISSIONERS AND BYERLY AND COMPANY, INC.  

    2.   APPOINTMENTS  TO  THE  EXTENSION ADVISORY COMMITTEE:  The Extension
    Advisory  Committee has recommended that Jean Thomas and Rita Bennett be
    appointed  to  the  Extension Advisory Committee for three-year terms to
    fill two existing vacancies.

    M O TI O N  

    Commissioner  Disney  moved  that the Board appoint Jean Thomas and Rita
    Bennett  to  the  Extension  Advisory  Committee  for  three-year  terms
    beginning January 1, 1993 and ending December 31, 1995. 

    Motion carried 3 - 0.   

    3.  REAPPOINTMENT TO THE COMMUNITY ACTION BOARD:

    M O T I O N 

    Commissioner  Disney  moved  that the Board reappoint Gary Carnes to the
    Community  Action Board for a three-year term from January 1, 1993 until
    December 31, 1995.  

    Motion carried 3 - 0.   

    4.  REAPPOINTMENTS TO THE HOUSING ADVISORY BOARD:   

    M O T I O N 

    Commissioner   Disney   moved   that   the   Board  make  the  following
    reappointments  to the Housing Advisory Board: Chris Zell for a one-year
    term  ending  December  31,  1993;  Vern  Sunset  and Gary Hageman for a
    two-year  term  ending  December  31, 1994; and Dick Strachan and Connie
    Ludwig for three-year terms ending December 31, 1995.   

    Motion carried 3 - 0.   
    5.  WORKSESSION:

    -- ISTEA WORKSHOP IN DENVER FEBRUARY 8 & 9, 1993:  The ISTEA (Intermodal
    Surface  Transportation Efficiency Act) Workshop in Denver on February 8
    &  9  begins  at  7:30  a.m. and Commissioners Disney and Duvall plan to
    attend.   As  the  regular  land-use  matters  meeting  is scheduled for
    February  8,  and two Commissioners are required to attend, Commissioner
    Duvall will go to Denver early and Commissioner Disney will follow after
    the regularly scheduled land-use matters meeting.   

    --  THREE  INVITATIONS  ON FEBRUARY 19, 1993:  Mr. Gordon noted that the
    Commissioners  have  three  invitations  for  February  19, 1993:  North
    American  Free  Trade  Agreement  Meeting  in  Denver hosted by Governor
    Romer;  ISTEA  Transportation  and  Planning  for Livable Communities in
    Boulder  for  two  days; and a Glacier View Meadows Meeting.  Mr. Gordon
    will prepare a memo containing more information about the invitations to
    facilitate the Board in deciding which meeting to attend.   

    --  REQUEST  FOR  APPROVAL OF BY-LAW CHANGES FOR COMMUNITY ACTION BOARD:
    Ms.  Rena Mackrill, Human Development Director, submitted eight proposed
    by-law  changes  for  the  Community  Action  Board  and requested Board
    approval and the Chairman's signature.  

    M O T I O N 

    Commissioner  Disney  moved  that  the  Board  approve  the eight by-law
    changes  for the Community Action Board, as recommended by Ms. Mackrill,
    and authorized the Chairman to sign same.   

    Motion carried 3 - 0.   

    --  NOTE  OF CONGRATULATIONS TO BILL KAUFMAN: CONSENSUS OF THE BOARD was
    to  send a note of congratulations to Bill Kaufman on his appointment to
    Representative for House District 51.   

    --  LOVELAND WATER PARK APPROVAL:  Commissioner Disney reported that the
    Loveland  Water  Park  at Highway 34 & County Road 9 was approved by the
    Loveland  City  Council  Meeting  last  night  by  a  vote  of  8  -  0.

    6.   DOCUMENT  REVIEW:   The   following documents, of a routine nature,
    were considered by the Board:   

    MINUTES/AGENDA  

    M O T I O N 

    Commissioner  Duvall  moved  that  the Board approve the Minutes for the
    week  of  January  11,  1993, and the Agenda for the week of January 25,
    1993, as submitted. 

    Motion carried 3 - 0.   
    M O T I O N 

    Commissioner  Duvall  moved  that  the  Board  approve  the Brekke Minor
    Residential Development Plat.   

    Motion carried 3 - 0.   

    LIQUOR  LICENSES:  County Approval was granted to Sundance Steak House &
    Country Club - 6% - Fort Collins, CO.   

    M O T I O N 

    Commissioner Duvall moved that the Board approve the following document:

    A93-14  SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY   
            COMMISSIONERS AND JERALD R. BREKKE FOR THE BREKKE MINOR 
            RESIDENTIAL DEVELOPMENT 

    Motion carried 3 - 0.   

    The meeting adjourned at 10:30 a.m. 




                                         ___________________________________
                                         COURTLYN W. HOTCHKISS, CHAIRMAN
                                         BOARD OF COUNTY COMMISSIONERS  
    S E A L )   

    ATTEST: 




    _____________________________________   
    Sherry E. Graves, Deputy County Clerk