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PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

TUESDAY, JANUARY 30, 1996

ADMINISTRATIVE MATTERS

(#429)

The Board of County Commissioners met at 9:30 a.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Clarke presided and Commissioner Disney was present; Commissioner Duvall was absent as she is attending the Rocky Mountain Program in Durango, CO. this week. Also present were: Captain Gary Darling and Darrell Frank of the Sheriff's Department; Bob Keister, Budget Manager; Rex Smith, Director of Public Works; Jerry Blehm, Doug Ryan, and Rich Grossmann of the Environmental Health Department; John Pedas, Code Enforcement Officer; Joan Duchene, Commissioners' Office Supervisor; and Donna Hart, Assistant to the County Manager. Recording Clerk, S. Graves.

1. SHERIFF'S OFFICE REQUEST TO SPEND CARRY OVER FUNDS: Captain Darling and Mr. Frank informed the Board that there will be approximately $175,000 in 1995 carry-over funds in the Sheriff's Department from the Capital Outlay and Operating funds and they requested authorization from the Board to spend $71,311 of that amount for a number of items, which they outlined; they noted that the balance will be turned back to the General Fund. Commissioner Disney expressed concern about setting a precedent, if this request is approved; Mr. Keister recommended that the total amount requested be derived from Operating rather than the Capital Replacement fund. Much discussion followed. Mr. Frank also noted that two employees in the Sheriff's Department are retiring tomorrow, Bruce Gilmore and George Fitzpatrick. Mr. Gilmore has been with the department for 17 years and 5 years ago changed from full-time to part-time employment and he is 4 months short of the 5-year limit on sick leave payoff; therefore, the Sheriff is requesting Board approval to spend $585 out of his existing personnel budget to pay Mr. Gilmore the sick-leave payoff. The Board directed Mr. Frank to talk to Mr. Jacobs, Human Resources Director, about this matter as this request will require approval of a waiver from the personnel policy.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Sheriff's Department request and authorize the expenditure of $71,311 to be derived from the Sheriff's Department 1995 Operating carry-over funds.

Motion carried 2 - 0.

2. WATER SERVICE FOR THE FORKS CAFE: Mr. Smith described the events which led to the county providing water service for the Forks Cafe; he noted that in 1994, the Forks Cafe entered into an agreement with the County to pay a monthly fee for the water and, if not paid, a 30-day notice is required to discontinue water service. Mr. Smith stated that the water bill has not been paid for several months; after discussion, the Board directed Mr. Smith to request County Attorney George Hass to notify the Forks Cafe that if their water bill is not paid immediately, their water service will be terminated in 30 days.

3. S.T.O.P. THE VIOLENCE AGAINST WOMEN FUNDS: Mr. Gluckman stated that Linda Coxen from the District Attorney's Office sent a memo requesting the Board to approve the submittal of an application to the Division of Criminal Justice, on behalf of the 8th Judicial District, for grant funding to implement a program for women who are victims of violence in Jackson County; he noted that no matching funds are required.

M O T I O N

Commissioner Disney moved that the Board approve the Larimer County District Attorney's Office request to apply for S.T.O.P. Violence Against Women Act funds, on behalf of Jackson County.

Motion carried 2 - 0.

4. CLOSURE OF ILLEGAL DUMPS AND SOLID WASTE ISSUES: Mr. Blehm reminded the Board that last June the Environmental Advisory Board (EAB) made recommendations to the Commissioners that the County commit to identifying, searching out, and closing within a specified period of time all illegal dumps in Larimer County; subsequently, those recommendations were forwarded to the Department of Health and Environment for review. Today, three options were presented to the Board to address the EAB's recommendations: 1) Initiate a new program designed to identify, prioritize and close all illegal dumps within a three year period; 2) Initiate an enhanced enforcement effort to augment the Department's current program; and 3) Continue existing practices which rely on voluntary compliance. The advantages and disadvantages of the three options were reviewed and discussed and it was noted that the new program could not be completed without additional staff and money (approximately $90,000 over the three-year period). Mr. Ryan stated that after extensive review of the three options by the Department of Health and Environment, their recommendation is that the Board accept the enhanced enforcement option, which will allow the County to target those dumps that do represent a threat, and to take the necessary regulatory steps to insure they are closed; this option will also allow the County to make positive gains in closing illegal dumps without requiring additional Department resources. It was also noted at this time that the Board of County Commissioners does have the regulatory authority to proceed with enforcement actions under the Solid Waste Act. Discussion followed; Chair Clarke expressed concern that the recommendation from the EAB was to close all illegal dumps in the county within three years; therefore, he would be more comfortable if the EAB had been approached first with these options and, after they review the options, they offer their recommendation to the Commissioners. Mr. Ryan responded that a copy of the options was presented to the EAB Chair and discussed; she noted she was comfortable with the options and she requested that staff and the Board come to a consensus on the preferred option and then report back to the EAB. After further discussion, the Board indicated they would prefer that these options be reviewed by the EAB, and that they be informed that the Board likes the enhanced enforcement option, but they want the EAB's recommendation before an option is chosen.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners table action on the options presented today regarding closure of illegal dumps and solid waste issues in Larimer County until Wednesday, February 14, 1996.

Motion carried 2 - 0.

5. SUPPORT OF EMPLOYEE DAY AT ELITCH GARDENS IN 1996: Ms. Duchene asked the Commissioners if they are interested in supporting Larimer County Employees' Day at Elitch Gardens again this year on June 22, 1996. Ms. Duchene received a letter from Elitch Gardens stating that if Larimer County reserves this day by March 1, they will guarantee the 1995 ticket price; she noted that prices are being increased for 1996. CONSENSUS OF THE BOARD was to agree to sponsor again the Larimer County Employees' Day at Elitch Gardens on June 22, 1996.

6. APPOINTMENT TO YOUTH SERVICES ADVISORY BOARD: Ms. Duchene received a memo from Paul Cooper, Community Corrections Director, requesting the Board to approve the appointment of Mark Mettler to the Youth Services Bureau Advisory Board to fill the unexpired term of Bob Gaines, who recently resigned. Ms. Duchene noted that Doug Keasling, Director of Social Services, also recommends this appointment.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners appoint Mark Mettler to fill the unexpired term of Bob Gaines on the Youth Services Bureau Advisory Board, term to expire June 30, 1998.

Motion carried 2 - 0.

7. APPROVAL OF SALG RESOLUTION:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt a resolution to show support for Pete Salg's contributions to Larimer County, and authorize the Chair to sign same.

Motion carried 2 - 0.

R96-14g RESOLUTION TO SHOW SUPPORT FOR PETE SALG'S

CONTRIBUTIONS TO LARIMER COUNTY

8. WORKSESSION:

-- Pay Phone Revenue at Community Corrections: Mr. Gluckman stated that in the past Community Corrections recaptured the revenue from their pay phones, which are used exclusively by their clients; however, several years ago, a decision was made that all the revenue from pay phones in the County should go into the General Fund, including Community Corrections' pay phone. During a recent discussion with Community Corrections, good arguments were raised why they should be allowed to recapture those funds, as that money was previously spent exclusively for items used by the clients. Mr Gluckman stated that their pay phones generate approximately $500 annually and a committee was formed to decide in advance on their needs - games, videos, volley ball nets, etc. Therefore, the request today is for the Board to authorize the Community Corrections' pay phone funds to be recaptured by them rather than placed in the General Fund; CONSENSUS OF THE BOARD was to approve this request.

-- Invitations: Ms. Hart reviewed the pending invitations with the Board and they indicated to her which events they could attend.

9. COMMISSIONER REPORTS:

-- Commissioner Disney reported on his meeting with the residents in the Lago Vista Trailer Park in Loveland.

10. DOCUMENT REVIEW:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of January 22, 1996, as submitted.

Motion carried 2 - 0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Schedule for the week of February 5, 1996, as submitted.

Motion carried 2 - 0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Impact Assistance Supplemental Form "A", as requested by the Larimer County Assessor, Steve Miller.

Motion carried 2 - 0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve Petitions for Abatement for the following, as recommended by Steve Miller, County Assessor: Family Sports; Demex Pro-Cut, Inc.; Milner Mountain; Wilkerson; and Brooks.

Motion carried 2 - 0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following documents, as listed on the Consent Agenda on Document Review for January 30, 1996:

MISCELLANEOUS DOCUMENTS: Fox Acres First and Third Amended Plat; Crystal Lakes Third Amended Plat; Statement of the Semi-Annual Condition of Larimer County by the Larimer County Treasurer; Personnel Authorization Request; Supplemental Schedule Order; 1996 Community Services Block Grant (CSBG) Project Plan.

LIQUOR LICENSES: A License was issued to: C Plus of Colorado, Inc. - 3.2% - Fort Collins, CO. County Approval was granted to: Cloverleaf Kennel Club - 6% - Loveland, CO.; Glen Haven General Store - 3.2% - Glen Haven, CO.; and KBK Associates, Inc. (dba Lovin' Oven) - 6% - Loveland, CO.

A96-14 AGREEMENT CONCERNING BRIDGE REPLACEMENT ON

COUNTY ROAD 56 BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND EVA E. JAGELER (Project #192)

A96-15 WARRANTY COLLATERAL AGREEMENT FOR TIMNATH

MEADOWS BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND TIMNATH MEADOWS LLC

A96-16 AGREEMENT CONCERNING BRIDGE REPLACEMENT ON

COUNTY ROAD 56 BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND MICHAEL D. AND ANN L. LIGGETT

(Project #192 - Cowan Canal)

C96-04 PURCHASE OF SERVICE CONTRACT BETWEEN THE BOARD

OF COUNTY COMMISSIONERS AND THE SALVATION ARMY

(Provision of Services from the Salvation Army)

C96-05 CONTRACT FOR TECHNICAL/PROFESSIONAL SERVICES

BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND

STOVE PRAIRIE INSPECTION SERVICES OF LARIMER COUNTY

D96-01 DEED OF DEDICATION BY EDWARD R. BROWN (Dedication of

Property for Public Highway - Project #176 - Indian Creek)

R96-15s RESOLUTION REGARDING THE RELEASE OF COLLATERAL

FOR TIMNATH MEADOWS ESTATES

R96-16s FINDINGS AND RESOLUTION APPROVING THE PLAT OF

BEARD MINOR LAND DIVISION

R96-17s FINDINGS AND RESOLUTION APPROVING THE PLAT OF

MCDONOUGH MINOR RESIDENTIAL DEVELOPMENT #2

R96-18s FINDINGS AND RESOLUTION APPROVING THE PLAT OF WOOD

MINOR RESIDENTIAL DEVELOPMENT

R96-19s FINDINGS AND RESOLUTION VACATING AND RELOCATING

AN ACCESS EASEMENT IN INTERCHANGE SUBDIVISION

R96-20s FINDINGS AND RESOLUTION APPROVING THE PLAT OF

WILFORD MINOR RESIDENTIAL DEVELOPMENT

R96-21s AMENDED FINDINGS AND RESOLUTION APPROVING THE

REPLAT OF TRACT 25 OF THE REPLAT OF HIGHLAND PLACE

SUBDIVISION

R96-22s FINDINGS AND RESOLUTION GRANTING THE VACATION OF

RIGHT-OF-WAY IN BAINBRIDGE COURT

R96-23g RESOLUTION AND ORDINANCE CONCERNING ANIMAL

CONTROL AND DOG LICENSING

O96-01 ORDINANCE AND RESOLUTION CONCERNING ANIMAL

CONTROL AND DOG LICENSING

Motion carried 2 - 0.

The meeting adjourned at 10:45 a.m.

WEDNESDAY, JANUARY 31, 1996

OPEN SESSION FOR PUBLIC COMMENT

The Board of County Commissioners met at 9:00 a.m. for an open session for public comment. Chair Clarke and County Manager Frank Lancaster were in attendance. Recording Clerk, S. Graves.

No one appeared for today's open session for public comment.

The open session adjourned at 9:30 a.m.

______________________________________

JOHN CLARKE, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

_______________________________________

Sherry E. Graves, Deputy County Clerk

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.