PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, AUGUST 1, 1994

BOARD OF EQUALIZATION HEARINGS

The Board of County Commissioners convened at 9:00 a.m. as the Board of Equalization to hear appeals of property valuations. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Recording Clerk, A. Jensen.

The hearings adjourned at 4:10 p.m.

TUESDAY, AUGUST 2, 1994

BOARD OF EQUALIZATION HEARINGS

The Board of County Commissioners convened at 10:00 a.m. as the Board of Equalization to hear appeals of property valuations. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Recording Clerk, A. Jensen.

The hearings adjourned at 12:10 p.m.

PUBLIC MEETING WITH POST 2001 SALES TAX

INITIATIVE CITIZENS COMMITTEE

(#84)

The Board of County Commissioners reconvened at 2:00 p.m. for a public meeting concerning a 0.25% sales and use tax initiative. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: John MacFarlane, Director of Parks; K-Lynn Cameron, Parks Planner; Bob Grewell, Finance Director; George Hass, County Attorney; and Frank Lancaster, Interim County Administrator.

Chair Duvall stated that the purpose of today's public meeting is for discussion of the Parks, Open Space and Trails (POST 2001) 0.25% sales and use tax proposal to determine if it should be placed on the November 1994 ballot. This initiative is sponsored by the POST 2001 citizens' group which has studied the issue of parks, open space and trails in Larimer County and is recommending that the Board approve a resolution to place the initiative on the ballot.

Mr. MacFarlane reviewed the purpose and history of the proposal and noted that the resolution was thoroughly examined by staff and the county Parks Department, County Attorney, Finance Director, Controller, and also by the Directors of Planning, Budget and Public Works to address the legal issues and the language pertaining to the Tabor Amendment #1 and to determine its compatibility with the Parks Master Plan. They also addressed the organizational changes which will be necessary if the sales tax is approved by the voters. Based on their review, adjustments were made to the resolution to address all of the concerns. Following this extensive review, staff met with the POST group to review the adjustments and the consensus is that the proposed sales tax resolution is consistent with the goals of the Larimer County Parks Master Plan.

Ms. Cameron provided a summary of the proposed POST 2001 Sales and Use Tax Resolution and noted that the resolution proposes a county-wide 1/4 percent sales and use tax for park, open space and trail purposes and, if approved, would begin in January 1995 and end seven years later on December 31, 2001. The tax would generate an estimated $3.911 million the first year and over the life of the tax, an estimated $28-39 million.

Mr. Hass stated that he has reviewed the resolution presented today and all of the revisions he recommended have been incorporated in the draft and rewritten for Board approval.

The following citizens addressed the Board in support of the proposed resolution and recommended Board approval: Mary Ann Martell, Jenny McGraw, Jean Bolton, Ken Ashley, John Knezovich, Kelly Ohlson. The Board expressed appreciation to the POST 2001 citizens committee for their hard work in this endeavor and stated that this proposal recognizes this county and its population centers as a community, and recognizes our responsibility to property owners and to ourselves to maintain the quality and character of this county, and our responsibility to future generations. It was noted that several surveys which have been conducted in the county have shown that the citizens are concerned with open space and managing growth.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the Larimer County Parks, Open Space and Trails (POST) 2001 Sales and Tax Resolution authorizing the placement of a citizens-sponsored quarter cent sales and use tax initiative for the purpose of parks, open space and trails before the electors on November 8, 1994.

Motion carried 3 - 0.

R94-94g LARIMER COUNTY PARKS, OPEN SPACE AND TRAILS

(POST 2001) SALES AND USE TAX RESOLUTION

The meeting adjourned at 2:55 p.m.

WEDNESDAY, AUGUST 3, 1994

ADMINISTRATIVE MATTERS

(#85)

The Board of County Commissioners met at 9:30 a.m. in regular session with Frank Lancaster, Interim County Administrator. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: Rena Mackrill, Director of Human Development; Ralph Jacobs, Personnel Director; Donna Hart, Assistant to the County Administrator; and Neil Gluckman, Assistant County Administrator. Recording Clerk, S. Graves.

1. DISCUSSION REGARDING CARE-A-VAN: Ms. Mackrill provided a status report and follow-up information for the Board regarding Care-A-Van funding. During a meeting on July 20, 1994, the Board requested information regarding the application deadline for the Administration on Aging grant and the identification of entities pledged for local match funding. Ms. Mackrill reported that the application was submitted on June 30, 1994 and the grant was applied for without naming any local funders. Ms. Mackrill reported she met with Care-A-Van officials recently and was furnished with numerous reports and noted that good marketing efforts have been made to involve communities. Ms. Mackrill stated that Care-A-Van has had a long-standing problem with their computer and Ms. Mackrill agreed to talk to Mr. Stokes, Director of Information Management, regarding some way the County might facilitate them. Ms. Mackrill stated she believes that Care-A-Van has worked hard to get this project on the road and make it available to the people.

During discussion, it was noted that each Care-A-Van trip costs approximately $59; Commissioner Disney responded that he is sympathetic to the needs of the elderly in rural areas, but this cost per trip is too high; he requested a list of figures showing the actual cost per person per trip. Chair Duvall stated she wants to work with Care-A-Van to provide this service; Commissioner Disney agreed, but "at a reasonable cost to the taxpayer". After further discussion, the Board requested that another meeting be scheduled, after the needs assessment data is available, with all the parties involved before making a decision regarding funding for Care-A-Van.

2. PERSONNEL ITEM - EXECUTIVE SESSION:

M O T I O N

Commissioner Disney moved that the Board go into Executive Session at 10:00 a.m. with Mr. Jacobs to discuss a personnel matter.

Motion carried 3 - 0.

The Board came out of Executive Session at 10:05 a.m.; no action taken.

3. WORKSESSION:

-- Mr. Lancaster received the agenda for the Board's next meeting with the City of Loveland tentatively scheduled for August 30, 1994; Commissioner Hotchkiss had inquired if the Board would like to add a discussion of the Windsor annexation to the agenda. After discussion, the Board decided to leave the agenda as it is; however, Chair Duvall stated she has a prior commitment on the 30th and so Mr. Lancaster will reschedule the meeting with the City of Loveland.

-- Mr. Lancaster received a call from the City of Fort Collins inquiring if the Board had made appointments to the Multi-Cultural Commission. The Board directed Mr. Lancaster to contact Brent Nittmann, Youth Services Bureau Program Manager, and ask him to make two recommendations for persons to serve on this Commission.

-- With regard to the Board's authority to deny a liquor license at renewal time if there are liquor code violations or a change in the desires of the inhabitants of the neighborhood, Mr. Lancaster reported that he received an opinion from County Attorney George Hass stating that the Court of Appeals recently decided that statute does not provide sufficient standards upon which to refuse renewal for "good cause" and therefore the renewal process cannot be used to terminate a license.

-- Now that Mr. Lancaster is Interim County Administrator, he asked the Board to apprise him of their expectations of his role, of any particular items they want him to work on, and how long his interim status will be. Chair Duvall responded that she has already asked Mr. Jacobs to discuss the interim status at the next Personnel Standing Meeting. Mr. Lancaster stated he intends to work on getting better coverage of the Board's agenda in the press and he will work on providing a uniform concise format to be followed for items submitted to the Board. The Board suggested that Mr. Lancaster make sure that the right people are at the meetings, as needed for information and action, and they expressed their intention to turn over more duties to Mr. Lancaster so there will be fewer minor items for discussion during Administrative Matters. Also, Mr. Lancaster will review the schedule each week and determine which meetings are of most interest to the public and submit an expanded agenda of those meetings for the press. Mr. Lancaster will attempt to incorporate these changes by the end of the month. Other items to be discussed in the future are where Veteran Services, Extension, and Fairgrounds should be in the organizational structure, internal services, prioritization of large capital expenditures, designation of a project manager for each project assigned, etc. Chair Duvall expressed her desire that Mr. Lancaster follow up on everything that comes before the Board, and it was agreed by all that communication is the key to a good working relationship between the Board and Mr. Lancaster.

4. COMMISSIONER'S REPORTS:

-- Chair Duvall reported on the Forest Service meeting she attended recently and stated it was a tremendously positive demonstration of partnerships and what can be accomplished if people work together. The Forest Service will pay for the recent fires, as they have done in the past, and they would like to work with us in three areas to reduce costs thru prevention. State Forester Jim Hubbard is applying for some Colorado state money for a program which would provide joint assistance from federal, state, county and private cooperation to go into existing subdivisions to create defensible space; he is trying to come up with funding that would be one-third state, one-third county, and one-third from the landowner in order to get these defensible spaces cleared out. Chair Duvall informed them that the County will also be looking at new developments, and any old subdivisions that come in with building permits, with an eye on creating defensible space and fire hazard mitigation. The State Forest Service would like to do an inventory yet this summer using Forest Service, federal, state and county personnel to inventory our current problem areas and to create a plan for protection and fire suppression. Sgt. Bill Nelson said that as long as the fire danger remains low, he could put a person on this project to determine areas that do need assistance. Commissioner Disney urged coordinating this inventory with planning staff to load this data into the GIS pilot project and he also recommended drafting a consistent policy regarding County vehicle use during emergencies.

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

M O T I O N

Commissioner Disney moved that the Board approve the Minutes for the week of July 25, 1994 and the Agenda for the week of August 8, 1994, as amended.

Motion carried 3 - 0.

M O T I O N

Commissioner Disney moved that the Board approve Petitions for Abatement, as recommended by the County Assessor Steve Miller, for the following: Skippers; Perfection Auto Body; Quillan Park Partners; Gunn; Sherwood; Daniels; Hayden/Marsan; Marsan; Farris; Triangle Construction; and Spring Creek.

Motion carried 3 - 0.

M O T I O N

Commissioner Disney moved that the Board approve the following miscellaneous documents: Second Quarter Report for 1994; Statement of the Semi-Annual Condition of Larimer County by the County Treasurer; Letter to Windsor Interchange, Inc.; and Letters to Erik Nilsson, Sgt. Bill Nelson, Cpl. Don Griffith; Bob Root; and Jim Lynxwiler.

Motion carried 3 - 0.

M O T I O N

Commissioner Disney moved that the Board approve the following documents:

A94-132 LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS, THE CITY OF FORT COLLINS, AND

MOE KAMANDY (Lease Agreement for 226 West Mountain)

A94-133 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND INTERPLAN, INC. (Consulting

Services Project - Government Office & Justice Center)

C94-48 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO,

DEPARTMENT OF HEALTH (Application for Reimbursement -

Larimer County Shop - Project #43935016)

C94-49 WE CARE CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THOMPSON SCHOOL DISTRICT R2-J

(Renewal of Summer Youth Contract)

R94-95z SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING

THE PETITION OF WALKER MANUFACTURING

Motion carried 3 - 0.

The meeting recessed at 11:15 a.m.

PUBLIC WORKS STANDING MEETING

(#86)

The Board of County Commissioners reconvened at 1:30 p.m. in regular session with Rex Smith, Director of Public Works. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: John MacFarlane, Director of Parks; Debra Stillwell, Parks Administrative Manager; and Frank Lancaster, Interim County Administrator. Recording Clerk, S. Graves.

1. AGREEMENT WITH SHERIFF'S DEPARTMENT - PARKS: Mr. MacFarlane requested Board approval of a resolution stating that employees of the Parks Department, which do law enforcement, have to become employees of the Sheriff. Mr. MacFarlane noted that this agreement was discussed previously with the Board and has been reviewed and revised in cooperation with the Sheriff and approved by the County Attorney. Mr. MacFarlane stated that this action is necessitated because this year park use is estimated to be up by 9%, and for each of the past two years up between 3 and 4%. Mr. Lancaster was requested by Mr. Jacobs to ask the Board which personnel policies will apply to these employees. Ms. Stillwell stated that these employees will be Sheriff's Department employees; therefore, in all matters of personnel, the Sheriff's rules and regulations will apply.

M O T I O N

Commissioner Disney moved that the Board adopt the Resolution Concerning Law Enforcement in Larimer County Park Areas, and authorize the Chair to sign same, as recommended by Mr. MacFarlane.

Motion carried 3 - 0.

R94-96g RESOLUTION CONCERNING LAW ENFORCEMENT IN

LARIMER COUNTY PARK AREAS

2. JOINT CITY/COUNTY INTERSECTION IMPROVEMENT AT CR 19 AND CR 38E: Mr. Smith reported that an agreement has been reached with the City of Fort Collins to share the cost of improvements at CR 19 and 38E; however, it will be a year before the City of Fort Collins is able to do the reconstruction so, in the interim, the County is going to put in a left turn lane northbound, surface the shoulder, and put asphalt on the southbound lane to create a right-turn lane. The cost of reconstruction to be shared with the City will be approximately $10,000, which will come out of street impact fees; CONSENSUS OF THE BOARD was to approve this expenditure.

3. 1993 ROAD AND BRIDGE SLIDES: Mr. Smith showed slides of the 'before and after' road projects completed in 1993.

4. REQUEST FROM CARRIAGE HILLS: Mr. Smith stated that Ms. Martell received a call from Carriage Hills requesting County assistance to repair damages of approximately $8,000 created by the heavy rains last week. Mr. Smith noted that since there is approximately $6,000 left in their general improvement account for the remainder of this year, they are also going to ask the homeowner's association for financial assistance in repairing the damage.

5. UPDATE ON FOUR YEAR SHORT-RANGE HIGHWAY IMPROVEMENT PROGRAM: Mr. Smith informed the Board that an update on the 4-year short range highway improvement program will be brought to the Board for approval in a few weeks, which will be similar to the plan approved by the Board last year, except that CR 17 will be moved to the next year.

6. MEETING SCHEDULED ON LARIMER COUNTY TRANSPORTATION PLAN: Mr. Smith reported that a meeting is scheduled for August 10, 1994 with Felsburg and the transportation committee to develop preliminary goals and objectives of the Larimer County Transportation Plan, which will be brought to the Board for discussion and approval at a later date.

7. QUESTION REGARDING CATTLE GUARD DAMAGE: Commissioner Hotchkiss was recently asked who is responsible for damage caused by heavy equipment to cattle guards, and who is responsible for cleaning the cattle guards; Mr. Smith stated that cattle guards are the County's responsibility.

8. UPDATE ON ELAINE SPENCER: Mr. Smith reported that last week Ms. Spencer was feeling a little better and, at this time, she is planning to return to work part time on September 1, 1994.

9. TARGET DATE ON CR 11: Commissioner Disney asked about the target date for completion of paving and opening of CR 11; Mr. Smith will report back with that date for Commissioner Disney.

10. NORTH FRONT RANGE RAIL FEASIBILITY STUDY: Commissioner Disney reported that the North Front Range and Upper Front Range Transportation Planning Committees have committed $150,000 each for a rail feasibility study to determine when and how rail can be made to serve the transportation needs along the front range. The City of Fort Collins has committed $40,000 and the City of Loveland is expected to commit funds for this study; Commissioner Disney asked if the Board would like to make a token gesture, possibly $5,000, to indicate County support, even though no one has officially asked the Board to commit. The Board decided not to commit funds for this study at this time.

11. SUBDIVISION ROAD MAINTENANCE PROPOSED POLICY: Chair Duvall inquired as to the progress of drafting a policy for subdivision road maintenance. Mr. Smith stated that Road and Bridge Director Bill Heiden is working on this road policy and Mr. Smith will inquire as to its status and report back to the Board.

12. FOLLOW-UP ON SIGNS OUTSIDE LORY STATE PARK: Chair Duvall asked Mr. Smith about follow-up on the "No Parking" signs outside Lory State Park and who can or cannot write tickets for violators; she noted that the signs are not preventing people from parking where they should not park. Mr. MacFarlane stated he will find out if his park rangers can write tickets.

13. WATER PROBLEM AROUND IRISH SCHOOL: Chair Duvall reported that two people came to her requesting assistance from the County regarding a knee-high water problem on Webb, Irish and Impala Streets every time it rains. Commissioner Hotchkiss stated that the residents in this area have been told to form a special improvement district to correct this problem; however, there are a number of renters and low-income people in this area. Chair Duvall wondered if there was a capital improvement grant for low-income areas that these people could apply for to help with this drainage problem, or if there was something the County could do. Mr. Smith stated that Community Development Block Grant money could be used to correct this problem; however, to correctly address the problem you would have to start downstream as far as Shields Street or at the river and it then becomes a multi-million dollar project. Mr. Smith stated there is no quick fix or easy solution to this problem, but he will look into it to see what possibly can be done to rectify the situation.

M O T I O N

Commissioner Disney moved that the Board go into Executive Session to discuss personnel.

Motion carried 3 - 0.

The meeting adjourned at 2:50 p.m.; no action taken.

THURSDAY, AUGUST 4, 1994

BOARD OF EQUALIZATION HEARINGS

The Board of County Commissioners met at 1:30 p.m. as the Board of Equalization for continuation of hearings carried over from last week. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Recording Clerk, A. Jensen.

The hearings adjourned at 2:30 p.m.


______________________________________

JANET S. DUVALL, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:


_____________________________________

Sherry E. Graves, Deputy County Clerk


_____________________________________

Aimee Jensen, Deputy County Clerk

August 2, 1994