PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, AUGUST 12, 1996

MEETING REGARDING SHERIFF'S DEPARTMENT SALARIES

(#75)

The Board of County Commissioners met at 10:30 a.m. in regular session with Sheriff Richard Shockley. Chair Clarke presided and Commissioners Disney and Duvall were present. Also present were: Frank Lancaster, County Manager; Bob Keister, Budget Manager; Ralph Jacobs, Human Resources Director; Patsi Maroney, Compensation & Benefits Consultant; and the following employees from the Sheriff's Department: Barbara Case King, Legal Advisor; Drew Davis, Research & Development; Capt. Leslie Johnson and Cpl. Rick Perkins of the Detention Center; and John Kammerzell, Undersheriff. Recording Clerk, S. Graves.

Chair Clarke prefaced today's meeting by noting that at the last meeting with the Sheriff several options were discussed regarding increasing the salaries of the employees in the Sheriff's Department; at that time, the Board requested the Sheriff, Mr. Jacobs and Mr. Lancaster to research the "7% solution" and report back to the Board in two weeks.

Mr. Jacobs and Ms. Maroney submitted a spread sheet of a Plan Cost Analysis providing information regarding a number of alternatives, noting that all county employees were considered and the figures presented are county-wide projections. Ms. Maroney explained the spread sheet covering columns titled: 1) 96 "Base Only" - projected costs of salaries for 1996; 2) 97 "No Nothing" - a projection discontinuing the merit program with no benefit cost increase for a 1.56% increase; 3) 97 "Merit Only" - projected costs for the merit increase program, with no additional salary or benefit cost increases for a 3.08% increase; 4) 97 "Budget Builder" - projection of 4% COLA, plus increases for the health insurance at 40%, 10% dental, and 20% on benefit consulting for a 8.82% increase; 5) 97 "Full Implementation" - projected costs for taking all the benchmarks and looking at a different survey mix other than the Front Range Budget Conference Survey, bringing every benchmark to the 50th percentile with the Longmont Survey for a 17.14% increase; 6) 97 "Full Implementation with a 10% Cap" - no benchmark would receive more than a 10% increase for a 13.39% increase. Mr. Jacobs noted that the 7% solution would result in 333 employees in the county receiving no increase in salary. Mr. Keister explained to the Board that the percent figure is the amount of additional salary dollars they would have to spend in 1997 over 1996 if any of these options were selected.

Mr. Keister presented and reviewed a packet of information showing the impact of the different options on the budget; he reviewed and explained where we are with the 1996 General Fund Budget noting that currently expenses exceed revenues by $1,149,249. Mr. Keister explained that there is a caveat to this overage in that the County is doing some major one-time projects, such as PLUS, Clerk Election Equipment, etc. and when those are deducted, the amount exceeding revenue is $51,741. Mr. Keister reviewed the projected 1997 General Fund budget and noted that using the 8.8% "budget builder", the increase in salaries would amount to $1 million short; the "full implementation" option of 17.1% would amount to $3 million short; and the "full implementation with the 10% cap at 13.4% would amount to $2.1 million short. Mr. Keister informed the Board that this projection of the 1997 budget does not include a single decision package or service proposal funded for any department and does not include any staffing increases. Sheriff Shockley stated that he believes his staffing needs have been helped by recently hiring new deputies funded by federal grants, and he understands the county can't address salaries and increase Sheriff's staffing at the same time; he said at the present time he does not anticipate asking for additional positions in the 1997 budget. Mr. Lancaster added that the 7% solution would amount to $1.58 million and be derived from operating expenses; he noted that another option for the Board to consider is to just consider increasing the salaries in the Sheriff's Department.

Sheriff Shockley presented and reviewed a packet of information showing the estimated salary and benefit costs in relation to the 50th Percentile for the sworn and non-sworn personnel in the Sheriff's Department; he stated that to raise the salaries to the 50th percentile would cost $1,280,995; 7% below would cost $815,812; 14% below would cost $394,225, and 21% below would cost $17,555.

Commissioner Duvall asked the Sheriff which survey he used to arrive at these amounts and to describe the difference between the three surveys being discussed; the Sheriff responded that they used a survey of all the police agencies with which they compete and other comparable entities along the front range - 28 entities total, both municipal and county. Mr. Jacobs described the difference between the Longmont Survey, the Front Range Budget Conference Survey, and the Sheriff's Survey. Commissioner Duvall stated that since the day she entered office, 3 1/2 years ago, the Board has been trying to bring all Larimer County employees up to a standard of the Front Range Budget Conference Survey; however, today it has become evident that survey is not realistic because the majority of employees which leave the county go to cities and counties nearby in northern Colorado and not to Pueblo or the southern counties. Ms. Maroney stated that Larimer County is much further behind in salaries by using the Longmont Survey for their benchmarks than the Front Range Budget Conference Survey of counties only.

Ms. Case-King stated that the question to be answered is, should all the county employees be brought up to a certain level or only individual departments and she asked the Board to consider the crisis in the Sheriff's Department and their high rate of turnover when considering the question. For the Board's information, Sheriff Shockley noted that this morning there are 313 inmates in the Detention Center and they are short eight people; so far this year, they have paid out $270,000 in overtime, they are up 12 1/2% in calls for service, they are down four people in patrol, etc. Sheriff Shockley stated that this is a county crisis and affects public safety and he doesn't think all departments should be given the same consideration in this salary question because their department is open 24 hours a day, 7 days a week, and 98% of the other county departments are not; he noted that the pressure that is on them never goes away.

Chair Clarke agreed that public safety is a serious problem and the Board must find a way to resolve the problem and the budget for next year does not look good; he stated that they will need to take a look at everything for next year's budget and make some cuts and it is not going to be easy. Commissioner Duvall summarized the situation by stating that the Board needs to make a decision to: 1) Change our standard county wide to move to the Longmont Survey and change our goal so we reach the 50th percentile, as it is more realistic; 2) Move toward reaching that new higher salary level for all our employees; and 3) Start with the Sheriff's Department and see if we can do something this year. Chair Clarke stated that the only way we can do it this year is to take the money out of savings. Commissioner Duvall asked if a bonus for all deputies could be considered this year. Sheriff Shockley stated that what is most important right now is keeping the good people they have in the department and filling the existing open positions; he noted that the City of Fort Collins is currently advertising for 11 positions and the City of Loveland will be adding 4 new officers and 20% of his people may be applying for those positions. The Sheriff continued that, as a result of his first meeting with the Commissioners on salaries, they have created an expectation in the department and if it is not fulfilled to some degree, it will add to the discontent; he further added that he does not know if a bonus will stop his people from applying for those jobs.

Chair Clarke stated that the Board will see what they can do for the Sheriff by looking at savings from last year to pay a bonus to the deputies and then figure out how to increase salaries in 1997 by looking at the Sheriff's deputies first and then at other areas of the county; he cautioned that cuts will have to made in other areas of the County budget to accomplish this goal. Chair Clarke asked the Sheriff to come up with some numbers indicating what he would recommend for a bonus; the Sheriff responded he will have those numbers by August 21, 1996. Chair Clarke advised Mr. Keister that they will have to schedule some intense budget worksessions; Mr. Keister informed the Board that by September 1st all the departments will be turning in their estimates of 1996 so at that time they will know if any departments are going to be under budget and also know what their requests are for 1997.

Chair Clarke stated that the result of these budget worksessions and salary adjustments will be fewer people working for Larimer County, and those that are will be paid more but will have to be more productive. Commissioner Duvall stated that she doesn't think the whole problem can be solved with salaries, as her observation is that there are two more problems that need to be addressed in the Sheriff's Department: 1) Retirement benefits; and 2) Working environment as there is a lot of insecurity; she stated that hopefully there is a way they can work with the Sheriff to better the working environment.

The meeting adjourned at 11:40 a.m.

TUESDAY, AUGUST 13, 1996

RECONSIDERATION OF THE RENEWAL

OF THE TAVERN LIQUOR LICENSE

FOR THE WHITE BUFFALO

(#76 & #77)

The Board of County Commissioners met at 7:00 p.m. in regular session at the Mountain View Presbyterian Church, Fellowship Hall at 2500 North Garfield, Loveland, Colorado 80538. Chair Clarke presided; Commissioner Disney and Duvall were present. Also present was: Frank Lancaster, County Manager; and George Hass, County Attorney. Recording Clerk, A. Jensen.

Chair Clarke provided a narrative of the events leading to this hearing, as well as introduce county staff in attendance. Chair Clarke stated that the Board of County Commissioners had received a written request from Mr. McMahill, attorney for the White Buffalo, to reconsider the renewal of the White Buffalo's tavern liquor license #23-34533-0000. Chair Clarke further stated that this hearing was to consider any new information from July 3, 1996, to the present concerning the White Buffalo and their efforts to mitigate noise, and work with the neighbors. The hearing was then turned over to George Hass.

Mr. Hass also stated this is a re-hearing for the tavern liquor license for the White Buffalo and read proposed conditions submitted by the owners of the White Buffalo, such as keeping the patio doors closed, keeping decibel levels low at all frequencies, specially the lower frequencies. It was upon submittal of those stipulations, that the Board of County Commissioners decided to conduct another hearing to discuss and consider those conditions. Mr. Hass stated that the hearing will proceed with the applicant testifying first, then any opposition will be heard, with the applicant having the opportunity to rebut.

Mr. McMahill inquired if the application for reconsideration was part of the record. Mr. Hass answered in the affirmative. Mr. Schaffer approached the microphone and was sworn in. Mr. Schaffer offered exhibit #1, an outline of his activities since July 3, 1996, to the Commissioners. Testimony by Mr. Schaffer continued, including a detailed account of his interactions with the neighbors, the ongoing efforts to control noise and the parking lot. Mr. Schaffer stated he has a pager for neighbors to contact him, maintains a daily sound log, and is considering investment in equipment to further reduce the noise impact on the neighbors. The Commissioners posed several questions relative to exhibit #1 and Mr. Schaffer's testimony.

Chair Clarke opened the floor for public input.

Ms. Kathy McDaniel approached the microphone and was sworn in. Ms. McDaniel testified to the ongoing noise problems and her interactions with the White Buffalo. Ms. McDaniel also testified that she had called Mr. Schaffer's pager July 17, 1996, but never received a return call. Commissioner Duvall inquired if Ms. McDaniel continued to have difficulty sleeping due to noise emanating from the White Buffalo. Ms. McDaniel stated she is occasionally awakened.

Mr. Hass noted he has affidavits in support of the White Buffalo's reconsideration application for renewal and they are available for review.

Mr. Olson approached the microphone and was sworn in. Mr. Olson testified as to the White Buffalo's efforts to comply with the neighbors' requests.

Ms. Donna Sugar was sworn in and briefly described her experience with the White Buffalo, as well as inquire as to what will happen if the White Buffalo's license is renewed at this hearing. Chair Clark stated that they will attach conditions to the license, monitor those conditions, and have a 'good cause' hearing if conditions are violated. Ms. Sugar stated that her ability to sleep has greatly improved.

Mr. Biermann was sworn in and testified as to the White Buffalo's noise mitigation efforts. Mr. Biermann stated he feels that the White Buffalo has fallen short in their attempts to mitigate noise. Mr. Biermann also submitted exhibits #2 and #3, as well as detail where and what type of noise continued to be generated by the White Buffalo. Mr. McMahill objected to Mr. Biermann's summary information, questioning its validity and quality of the evidence. Discussion ensued regarding various issues raised by Mr. Biermann. Commissioner Disney asked Mr. Biermann if he has heard noise from the White Buffalo from inside his home. Mr. Biermann stated no.

Mr. LeMoyne Pearson approached the microphone and was sworn in. Mr. Pearson expressed concern of how the stipulations of the license will be enforced.

Mr. Biermann once again testified regarding noise mitigation efforts and further reviewed other concerns and issues.

Mr. Tony Andrews approached the microphone and was sworn in, testifying as to who is responsible for the fence between the White Buffalo and the adjacent mobile home park.

Chair Clarke called for a five minute recess.

The hearing continued with public input.

Ms. Juanita Gibson approached the microphone and was sworn in. Ms. Gibson stated she lives two blocks west of the White Buffalo and has not experienced any problems with the White Buffalo.

Mr. Schaffer addressed several of the issues raised in preceding testimony, reiterated his commitment to mitigating noise from the White Buffalo and working with the neighbors. Commissioner Duvall asked if Mr. Schaffer had disconnected the bass drum and guitar from the amplifier. Mr. Schaffer replied in the affirmative.

At this time Mr. McMahill offered his closing comments, citing state statute, summarizing testimony and the efforts of the White Buffalo to resolve the neighbors' complaints. Mr. McMahill also discussed possible conditions to be imposed on the tavern liquor license.

The Commissioners allowed Ms. Donna Sugar to approach the microphone and inquire as to the renewal of the tavern liquor license.

Commissioner Duvall proposed conditions to be attached to the renewal of tavern liquor license, such as permanent closing of the bay doors and how complaints should be handled. Commissioner Disney expressed his support of requiring a complaint procedure to be attached as a condition of renewal of the license.

Much discussion ensued regarding the legalities of the conditions listed by Commissioner Duvall, with Mr. Hass responding to the Commissioners questions and concerns.

Chair Clarke reported his findings of a recent visit to the area, explaining what he had heard in various locations relative to the White Buffalo. Chair Clarke offered a revised list of conditions; close the patio doors with the caveat if the White Buffalo invests in noise mitigating equipment that would allow them to open the patio doors without disturbing the neighbors, they then should be allowed to open the patio doors, do not hook up the bass drum and guitar through the amplifier, maintain outside security patrols, continue to include clause in contracts the bands sound levels, and allow a procedure for complaints to be adequately addressed.

Discussion of the proposed conditions ensued. Commissioner Duvall expressed concern that each side was not equally represented.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners do not reverse the original motion set forth May 23, 1996, to not renew the tavern liquor license for the White Buffalo, License # 23-34533-0000.

Motion failed 2-1; Commissioners Clarke and Disney dissenting.

Discussion followed.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners renew the tavern liquor license of the White Buffalo with the following conditions; permanent closure of the patio doors until a county noise ordinance is in place, requiring strict compliance with the county noise ordinance, limit the occupancy to 720 patrons, do not amplify the bass guitar and bass drum to limit noise, extra security and patrolling in the parking lot, contract requirement to limit sound from the bands performing at the White Buffalo, and have a clear process in place to address complaints from the neighbors.

Discussion of what is considered unreasonable noise ensued; Mr. McMahill requested that complaints only from known sources be acted upon; no anonymous complaints will be taken.

Commissioner Duvall offered a friendly amendment to the motion, stating that the patio doors remain closed until equipment is available to provide at least equal or better control of sound emanating from theWhite Buffalo.

Amended Motion carried 2-1; Commissioner Duvall dissenting.

The meeting adjourned at 9:50 p.m.

THURSDAY, AUGUST 15, 1996

DOCUMENT REVIEW

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Clarke presided and Commissioners Disney and Duvall were present. Also present were Neil Gluckman, Assistant County Manager, and Donna Hart, Community Information Officer. Recording Clerk, S. Graves.

M O T I O N

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

Motion carried 2 - 0; Chair Clarke abstained from voting as he was out of town last week and did not attend the meetings.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Schedule for the week of August 19, 1996, as submitted and amended.

Motion carried 3 - 0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Consent Agenda as listed on Document Review for August 15, 1996:

MISCELLANEOUS DOCUMENTS: Ward Manor Land Division Final Plat; Letter to Ms. Cindy Case, Larimer County Finance Office regarding authority on Check Warrant Registers. LIQUOR LICENSES: County approval was granted to: Bohemian Cottage Restaurant - 6% - Loveland, CO.; and Larry's Southwest Liquor - 6% - Loveland, CO. Licenses were issued to: Cottonwood Hollow - 6% WITH EXTENDED HOURS - Livermore, CO.; Vajradhatu - 6% SPECIAL EVENTS PERMIT for August 24 & September 2, 1996 - Red Feather, CO.; Greater Ram Club Spirit Committee, Colorado State University - 3.2% SPECIAL EVENTS PERMITS for August 31, September 7 & 21, October 19 & 26, and November 16, 1996 - Fort Collins, CO.

A96-112 AGREEMENT CONCERNING ROAD IMPROVEMENTS ON

COUNTY ROAD 21C BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND LOUISE CUEVA AND LOUISE W. CUEVA

(Project #171 - Right-of-Way Easement)

A96-113 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE BOARD FOR COMMUNITY

COLLEGES AND OCCUPATIONAL EDUCATION SYSTEM

(CCCOES) (Classroom Training Tuition Vouchers for JIPA IIA

Adults - Colorado Community College Scholarships)

A96-114 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE BOARD FOR COMMUNITY

COLLEGES AND OCCUPATIONAL EDUCATION SYSTEM

(CCCOES) (Classroom Training Tuition Vouchers for EDWAA

Clients)

A96-115 AGREEMENT CONCERNING ROAD IMPROVEMENTS ON

COUNTY ROAD 21C BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THOMAS A. AND NANCY J.

MERSHON (Project #171 - Right-of-Way Easement)

A96-116 PROJECT AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND ARAPAHO-ROOSEVELT NATIONAL

FORESTS AND PAWNEE NATIONAL GRASSLAND - USDA

FOREST SERVICE (To specify the responsibilities of each party with

respect to the development and operation of those roads that are part of

both the Forest Development and county road systems)

C96-48 AUCTION SERVICES CONTRACT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND ROLLER AND ASSOCIATES

AUCTIONEERS, INC. (Annual Larimer County Vehicle and

Heavy Equipment Auction)

C96-49 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO,

DEPARTMENT OF CORRECTIONS (Grant Funds FY96-97 -

Intensive Supervision Program (ISP) Continuation Moneys for

Adult Services)

R96-118g RESOLUTION AMENDING THE LARIMER COUNTY STORM

WATER MANAGEMENT MANUAL

Motion carried 3 - 0.

The meeting adjourned at 9:10 a.m.

______________________________________

JOHN CLARKE, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

______________________________________

Sherry E. Graves, Deputy County Clerk

_______________________________________

Aimee Jensen, Deputy County Clerk