PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, OCTOBER 14, 1996

PRESENTATION OF PRIVATIZATION STUDY FOR THE

INFORMATION MANAGEMENT DEPARTMENT

(#102)

The Board of County Commissioners met at 1:30 p.m. in regular session with Rex Smith, Information Management (IM) Interim Director. Chair Clarke presided; Commissioners Disney and Duvall were present. Also present were: Gary Janezich, Systems & Programming Manager; Steve Moore, Technical Support Manager; and Frank Lancaster, County Manager. Recording Clerk, S. Graves.

Mr. Smith submitted and briefly reviewed the report containing the findings, conclusions and recommendations resulting from a non-technical, straight-forward and objective study which was carried out to determine whether or not Larimer County should pursue the outsourcing of its data processing operation. Mr. Smith stated that this study was prompted by the recent retirement of Jim Stokes, Larimer County's long-term Information Management (IM) Director, and it was felt that a decision on whether or not to pursue outsourcing the operation should be made prior to hiring a new IM Director.

Mr. Smith informed the Board that the basic approach followed in evaluating the feasibility of outsourcing Larimer County's data processing operation consisted of interviewing Weld and Boulder County officials and users, and three private sector firms; these interviews were conducted with the assistance of Steve Carow, Steve Moore and Gary Janezich. Interviews were also conducted with the Larimer County elected officials and major departmental users with the assistance of only Steve Carow in order to minimize any reluctance on the part of the Larimer County users to be less than forthright in discussing their opinions and level of satisfaction with the current IM operation, as well as their feelings and opinions regarding outsourcing. Mr. Smith noted that Weld County made the decision three years ago to contract for their data processing services, as did Adams County; he noted that both Boulder and Jefferson Counties looked into the feasibility of contracting for their data processing services, but decided to continue with their in-house operations. Mr. Smith reviewed the major observations of the various interviews and summarized the conclusions for their respective decisions to either contract for services or remain in-house.

In conclusion, Mr. Smith stated that his recommendation to the Board is that outsourcing Larimer County's information management/data processing operation would not be in the best interest of either the Larimer County government or Larimer County taxpayers and he strongly recommends that it not be pursued further. Mr. Moore stated that he concurs wholeheartedly with the recommendation and fully believes that customer service is their prime goal; discussion and questions from the Board followed. Commissioner Disney inquired about the status of the Information Technology Advisory Committee (ITAC); Mr. Janezich stated it should probably be resurrected when the new director is hired.

Mr. Smith stated that during his short period of association with the very technically competent and dedicated IM staff, he has been extremely impressed with the dedication they have exhibited to their jobs and to Larimer County, in spite of the specter of outsourcing hanging over their heads. Mr. Smith noted he does recommend that a director be hired who, along with the required technical background and experience, has good customer-relations skills and the ability to develop and implement a long range plan for the Division.

Mr. Lancaster stated that the next step in this process is to start advertising for a new IM Director; he noted they have been working on updating the job description and job announcement, and after reviewing the market survey data, he recommended they advertise in the salary range of $56,000 to $66,000; the Board concurred.

The Board also indicated their concurrence with the recommendation made by Mr. Smith and they expressed their appreciation to Mr. Smith, Mr. Janezich, Mr. Moore, Mr. Carow and everyone else who worked on this study; Chair Clarke requested that Mr. Lancaster write a thank you note expressing the Board's appreciation to be sent to everyone who worked on this study, with a copy of same to go into their permanent personnel file.

The meeting recessed at 2:05 p.m.

LAND-USE PLANNING MEETING

(#102 @ 1500)

The Board of County Commissioners reconvened at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Clarke presided and Commissioners Disney and Duvall were present. Also present were: Al Kadera, Subdivision Administrator; Richael Michels, Planner II; John Pedas, Zoning Code Enforcement Officer; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Chair Clarke noted that a request has been received to table the Miller-Boyd Lots 13-16, Block 2 Amended Plat (#96-SA0944) until October 28, 1996.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners table the Miller-Boyd, Lots 13-16, Block 2, Amended Plat (#96-SA0944) until October 28, 1996, as requested.

Motion carried 3 - 0.

Chair Clarke stated that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience.

1. CRYSTAL LAKES 14TH FILING, LOTS 50-51 AMENDED PLAT

(#96-SA0945): 30-10-73 - WEST OF RED FEATHER LAKES; 5 ACRES;

E-ESTATE ZONING

This is a request to combine two existing lots resulting in one building site. Staff findings include: 1) Crystal Lakes 14th Filing was approved in 1980; 2) This request is to combine two contiguous lots and to vacate the utility easement along the common line; 3) The County Health and Engineering Departments, and all utilities serving this area, reviewed the proposed amended plat and stated no objections. The staff recommendation is for approval of the vacation of the utility easement along the lot line between Lots 50 and 51, Crystal Lakes 14th Filing, and approval of the Amended Plat of Lots 50 and 51, Crystal Lakes 14th Filing.

2. TERRY RIDGE LOT 8 AMENDED PLAT (#96-SA0946): 36-08-69 - 2014

WESTVIEW ROAD, SOUTH OF COUNTRY CLUB ROAD; 2.86 ACRES;

FA-FARMING ZONING

This is a request to add a portion of Lot 8, Terry Ridge Subdivision to an adjacent parcel. Staff findings are: 1) Terry Ridge Subdivision was approved in 1976; 2) The property owner adjacent to Lot 8 wishes to acquire part of Lot 8 to add to the existing parcel; no new lots will be created by this action. The adjacent property owner will execute a Boundary Line Adjustment Agreement, which will be recorded to make it clear in the public record that no new lots resulted from this approval; 3) Reducing the size of Lot 8 by 48 feet will not adversely affect the use of the lot and the remaining 2.8 acres meets the minimum lot size required by zoning; 4) The County Health and Engineering Departments, and all utilities serving this area, reviewed the amended plat and stated no objections. The staff recommendation is for approval of the Amended Plat of Lot 8, Terry Ridge Subdivision.

3. BATY MINOR RESIDENTIAL DEVELOPMENT (#96-EX0911): SE 1/4

33-05-68 - 1/2 MILE NORTH OF STATE HIGHWAY 60 0N THE WEST

SIDE OF COUNTY ROAD 7; 9.13 ACRES; 2 LOTS; FA-FARMING ZONING

This is a request to divide 9.27 acres into two lots of 2.78 acres and 6.2 acres for existing single family residential uses. Staff findings include: 1) This proposed Minor Residential Development is compatible with the surrounding land uses and future development plans for the area in which it is located; 2) The Larimer County Health and Engineering Departments, as well as other reviewing agencies, have reviewed this proposal and stated no objections to it; 3) There are existing houses on the property and this MRD will divide the two existing uses into separate parcels; 4) The approval of this subdivision, with certain conditions, will not adversely affect the health, safety, or welfare of existing residents.

The staff recommendation is for approval of the Baty Minor Residential Development, with the following conditions: 1) Construct a 20' wide asphalt apron from the property line to the existing county road with 20' radius connection points. The construction plans for this apron must be approved by the County Engineering Department prior to construction and construction must be approved, once complete, before recording the final plat; 2) A 24' wide common drive must be constructed of an all-weather surface with a turn around that is approved by the Loveland Fire Prevention Bureau; 3) Soils test results must be submitted which show that a primary and replacement system can be installed prior to recording the final plat; 4) Prepare a final plat which shows the following: 1) Utility easements must be shown on all lot lines as well as on the location of any existing and proposed natural gas or other utility lines; b) An additional 5' of right-of-way for County Road 7 must be dedicated; c) A 40' wide common drive easement located on the common property line; d) The following plat notes: 1) When the mobile home is removed and replaced with a residential structure, a residential sprinkler system must be installed in the new home; 2) The results of a radon test must be submitted to the Planning Department prior to the issuance of a Certificate of Occupancy; 3) Engineered footings and foundations are required for new residential construction; 4) Uses on this property are limited to single-family residential; 5) Both lots must utilize a common driveway as shown on this plat.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and staff recommendations and approve the Crystal Lakes 14th Filing, Lots 50-51, Amended Plat (#96-SA0945); Terry Ridge Lot 8, Amended Plat (#96-SA0946); and the Baty Minor Residential Development (#96-EX0911); each, as outlined above.

Motion carried 3 - 0.

4. EDWARDS HORSE VIOLATION REHEARING (#96-ZV0810):

32-08-69 - 2612 NORTH OVERLAND TRAIL; O-OPEN ZONING

This alleged violation is for harboring five or more horses on one acre. Mr. Pedas noted that this matter was heard by the Board on September 23, 1996 and at that time Mr. Edwards was found in violation and given 90 days to come into compliance; since that time, new information has come to the attention of the Board and they moved to reopen the hearing. Mr. Pedas reported that as of 1:15 p.m. today, there were still five horses on the property. Staff findings are: 1) The subject property is zoned O-Open District; 2) The O-Open District allows horses not to exceed one per 1/2 acre; 3) The subject property is one acre in size; 4) The use of the property is incompatible with the residential character of the area; 5) The use of the property may affect human health and safety; 6) Continued use of the property, inconsistent with the zoning restrictions, will affect property values in the neighborhood. The staff recommendation is to find that a violation exists, require compliance within 30 days, and authorize legal action if the deadline is not met.

Commissioner Duvall explained that after the hearing on September 23, 1996, new information came to her attention; after discussing the situation with the person who originally filed the complaint, who was unable to attend the last hearing, she realized the situation was completely different from the way it was described during the hearing and that a serious health concern exists.

Kate Curran, adjacent property owner to the subject property, addressed the Board and stated that this situation has been on-going for over a year; she noted that she tried to work with the neighbor initially to resolve the problem, but as no improvement was made, she filed the complaint with the county. Ms. Curran described the situation and noted that the piles of manure collapsed her fence and spilled over under their bedroom windows; she stated that the smell is pervasive and constant. Ms. Curran stated that she had surgery this summer and has developed a serious infection, which will not clear, and she feels strongly that the bacteria from the piles from manure, and the serious overburden of this property, is having a negative impact on her recovery.

Commissioner Duvall stated that she thinks the Board should go back to the original staff recommendation and require compliance within 30 days that the manure be removed immediately; Chair Clarke stated that he thinks they should require it be cleaned up in 7 days, if there is no legal reason that the Board cannot require compliance in only 7 days after a hearing. Ms. Haag responded that the property owner has had 30 days notice and, therefore, the legal requirement that 30 days notice be given has been met.

Mr. Edwards, occupant of the subject property, arrived at the hearing late, but did not participate in the discussion.

M O T I O N

Commissioner Duvall moved, in the matter of the rehearing of the Edwards Horse Violation (#96-ZV0810), that a violation exists, require compliance within seven (7) days, and authorize legal action if the deadline is not met.

Motion carried 3 - 0.

The meeting adjourned at 3:20 p.m.

WEDNESDAY, OCTOBER 16, 1996

ADMINISTRATIVE MATTERS

(#103)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Clarke presided; Commissioners Disney and Duvall were present. Also present were: Dean Beers, Pro-Serve Investigative Services; Claire Mannato, Executive Director Crossroads Safehouse; Rob Helmick, Senior Planner; Deni LaRue, County Expansion Coordinator; Hal Kuczwara, Proponent for "Symbols in Stone"; Larry Timm, Director of Planning; Russ Legg, Chief Planner; Brice Miller, Chief Building Official; Tom Garton, Building Plans Examiner; Ginny Riley, Director of Human Development; Dave Farmer, Wildfire Mitigation Coordinator; Dan Kunis, Advance Planning GIS Specialist; Joan Duchene, Supervisor Commissioner's Office; Donna Hart, Community Information Manager; and Neil Gluckman, Assistant County Manager. Recording Clerk, S. Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: No one came today for the open session for public comment.

2. PROCLAMATION - PRIVATE INVESTIGATORS WEEK: Chair Clarke read aloud the Proclamation for Private Investigators Day - October 25, 1996. Mr. Beers thanked the Board for this proclamation, which will be an avenue for the public to become aware of all the things that private investigators do for citizens.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners proclaim October 25, 1996 as Private Investigators Day in Larimer County, and authorize the Chair to sign the Proclamation.

Motion carried 3 - 0.

3. PROCLAMATION - DOMESTIC VIOLENCE AWARENESS MONTH: Chair Clarke read aloud the Honorary Proclamation for Domestic Violence Awareness Month - October 1996. Ms. Mannato noted that Crossroads is sponsoring a candlelight vigil tomorrow night at the fountain in Old Town and she invited to Board to attend.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners proclaim the month of October, 1996 as Domestic Violence Awareness Month in Larimer County, and authorize the Chair to sign the Proclamation.

Motion carried 3 - 0.

4. APPROVAL OF FINAL PLAT FOR PHILLIPS MRD & SIA: Mr. Helmick requested Board approval of the Subdivision Improvement Agreement and Final Plat for the Phillips Minor Residential Development; he noted that the developer has complied with all the conditions of approval.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Final Plat and Subdivision Improvement Agreement for the Phillips Minor Residential Development, and authorize the Chair to sign both documents.

Motion carried 3 - 0.

A96-132 SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND H. R. PHILLIPS

RELATING TO THE H. R. PHILLIPS MRD

5. "SYMBOLS IN STONE" PROJECT PRESENTATION: Ms. LaRue introduced Mr. Kuczwara to the Board and Mr. Lancaster provided a brief background as to why Mr. Kuczwara is here today; he noted he saw the "Symbols in Stone" at an art show in Wheatridge and he thought this might be a good way to get the community involved in such a project for the Justice Center. Mr. Kuczwara provided a brief history of how the community service and community awareness project began, how the project was funded, and described the "Symbols in Stone" project, which he initiated in Jefferson County and involved school children, business people, elected officials and others; he noted that the project not only brings children and adults together in the community, but produces a useable end-result art project. Mr. Kuczwara showed three examples of the project, which are 1 ft. x 1 ft. sandstone pieces from Lyons, Colorado which are designed by the kids and adults working on the project. Mr. Kuczwara stated that the project involves a "local artist" who is hired to work on the project and the cost for producing 30 stones is $3,000 to $3,500 with funds derived from private and public donors; he noted that this is usually an "after school" project and is a 10-week curriculum. Mr. Kuczwara showed slides of other examples of the stone and how they were displayed in the Wheatridge Middle School and Wheatridge Municipal Building.

Discussion and questions from the Board followed; the Board stated they think this is a very exciting project and they will keep it in mind as the new Justice Center is designed. Mr. Kuczwara offered to help get the project started in Larimer County; the Board directed staff to pursue this project further and draft a plan so they can work together with the architects, CSU, and all the schools in Larimer County.

6. BUILDING PERMIT FEES FOR 1997: Mr. Timm reminded the Board that last August, the Planning Division discussed with them their fee philosophy, goals, cost recovery and options to increase service levels and fees; at that time, the Board supported the concept of increasing building permit fees to a level that is more equal to that of adjacent cities, and supported the concept of increasing the Building Department's level of service commensurate with an increase in fees. Mr. Miller described the fees and noted that the request before the Board today is to: 1) Approve fees for 1997 subject to approval of Building Department service proposal increases in the 1997 budget; 2) Increase fees on January 1, 1997 to 50% of building permit fees for residential plan review, increase single family residential valuation to $55.30 per sq. ft., and charge a plot plan review fee of $15.00 for residential and $25.00 for commercial plot plans; 3) On June 1, 1997, increase residential permits for Red Feather Lakes, Estes Park and northern Larimer County by $50.00, charge separate plumbing and mechanical fees according to adopted charts, and start charging the two valuation categories of $55.30 per sq. ft. for "average" and $65.30 for "good" single family structures.

Discussion and questions from the Board followed; Commissioner Disney discussed the $50 fee for residential permits in Estes Park and he suggested contracting with the Estes Park Building Department to help with inspections in that area, as we move toward a joint Planning Commission in the designated Estes Park planning area; but, he agreed that if they are out of that joint planning area, then charge the $50 fee. Commissioner Duvall asked about the option of allowing negotiations for fee waivers for affordable housing projects; Mr. Legg stated that when affordable housing projects are brought to the steering committee, there will be a suggestion on waiving fees. Chair Clarke discussed the reference made to improvements in service and he requested that goals and specifics in terms of what we are going to do regarding increased levels of service be spelled out.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners adopt the 1997 building permit fees as presented, in conjunction with improvements in service and flexibility for affordable housing, and consideration of the standard fee applying in the Estes Park planning area, and other areas as needed.

Motion carried 3 - 0.

7. FORMATION OF HUMAN DEVELOPMENT ADVISORY BOARD: Ms. Riley discussed the issues that their Department and the Community Action Board (CAB) have faced in the past in trying to develop a focus and effective mission; she noted that the problem has been identified that the CAB's mission is much broader than their particular Department's activities and services and yet there is no authority to provide advice. Therefore, they are recommending that the Community Action Board be dissolved and a Human Development Advisory Board formed to provide advice and counsel to the Department of Human Development and the Board of County Commissioners regarding the services and operation of the Department. Commissioner Duvall asked if a Health and Human Services Advisory Board is going to be established; Ms. Riley responded that decision would be up to the Commissioners and Ms. Snell, HHS Director. Much discussion followed; the Board decided to move forward with the recommended action today and Chair Clarke will talk to Ms. Snell about the formation of a HHS Advisory Board. Ms. Riley will inform the current CAB members that the Commissioners support the idea of having a HHS Advisory Board and make it clear to them that the Commissioners want them to continue serving on the Board. Ms. Riley will write a thank you letter from the Board to be sent to the current Community Action Board members.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners dissolve the Community Action Board and establish a new Human Development Advisory Board, including approval of the proposed bylaws for said board.

AMENDMENT TO THE MOTION

Commissioner Duvall offered a friendly amendment to the motion that the Board also indicate their interest and support for the formation of an overall Health and Human Services Advisory Board.

Motion and Amendment carried 3 - 0.

8. LARIMER COUNTY WILDFIRE SAFETY TASK FORCE: Last week a proposed membership list of persons to serve on the Larimer County Wildfire Safety Task Force was submitted to the Board for approval; as the Board had questions regarding the purpose, timeline and the composition of the membership of the Task Force, the decision was tabled until the Board could discuss the matter with Mr. Farmer. Mr. Farmer provided the background on the proposed members and noted that the purpose of the Task Force is to be an advisory sounding board to assist him in writing the best set of final recommendations for improving wildfire safety in Larimer County, which is to be presented to the Commissioners for approval in mid-December. Discussion and questions from the Board followed; Commissioner Duvall requested further clarification regarding the purpose of the Task Force. Mr. Farmer stated that the Task Force would be an advisory committee to consider possible changes in building codes for new construction and land use regulations with respect to improving wildfire safety, and be an educational component for existing property owners; Commissioner Duvall stated she wants this to be in writing and stated up front, and include a timeline and the expectations of this group. Commissioner Duvall also expressed concern that either a ecologist, biologist, and forester should be included in this group to look at it from a forest eco-systems standpoint, and also have a representative from the Environmental Advisory Board. Commissioner Duvall asked why a representative from the 35-Acre Task Force is included on this task force; Mr. Farmer responded because they are concerned about road standards for egress and ingress for emergency vehicles. Several other names of persons were suggested to be included on this Task Force; Mr. Farmer will contact these people and return to the Board next week for approval. Commissioner Duvall also requested they put their charge and timeline in writing.

9. DISCUSSION OF APPOINTMENTS TO THE FAIR BOARD: Commissioner Disney recommended that the following current five Fair Board members, which have terms expiring November 30, 1996, be re-appointed for another 3-year term: Randy Stephens, Judy Barth, Lorri McGregor, Loren Maxey, and Everett VanCampen; he noted that they all have indicated their desire to be re-appointed.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners re-appoint Randy Stephens, Judy Barth, Lorri McGregor, Loren Maxey, and Everett VanCampen to the Larimer County Fair Board, each for a 3-year term beginning December 1, 1996.

Motion carried 3 - 0.

10. RESOLUTION SUPPORTING AMENDMENT 16: Commissioner Duvall noted that a request was received for the Board to adopt a resolution endorsing Amendment #16 on the November 5th ballot; she noted this resolution has been adopted by the Fort Collins City Council and other entities. Commissioner Duvall stated she is very supportive of this resolution because she believes it looks at a long-term solution, rather than a short-term quick fix; she continued that it looks at funding education as well as protecting natural resources for many years and future generations. Chair Clarke stated he has problems with this amendment, as there needs to be some provision of backfill of this revenue for school systems; much discussion ensued. Chair Clarke thinks this may result in a loss of money for education; Commissioner Disney thinks it will generate more revenue.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt a Resolution supporting the passage of Amendment 16, and authorize the Chair to sign same.

Motion carried 3 - 0.

R96-150g RESOLUTION BY THE BOARD ENDORSING AMENDMENT #16

ON THE NOVEMBER 5, 1996 BALLOT

Commissioner Duvall asked that a press release be prepared regarding this action.

11. WORKSESSION:

-- Boards and Commissions Reception: Mr. Lancaster requested feedback from the Board regarding the reception recently held for Boards and Commissions; he noted he realizes it should also have included volunteers. As recognition of the staff liaisons to the Boards and Commissions was hit and miss; it was agreed they need to put together a list of all the staff liaisons. Commissioner Duvall stated she would like a personalized story given about what each Board and Commission accomplished during the past year; she also suggested possibly having a reception and then giving them all tickets to a play, if it didn't cost too much. There was discussion of the gift of the calculator and the daytimer; because of positive feedback about the daytimer, it was suggested the daytimer be an annual gift. It was also suggested that the stage be eliminated.

-- Advertising for Information Management Director: Mr. Lancaster noted that after the discussion on Monday regarding the salary range to be advertised for the Information Management Director's position, they reviewed the market information again and took out some of the smaller communities, and the salary range needs to be increased to $60,000 to $70,000. Mr. Lancaster noted this fits in with the Longmont Salary Survey and still allows us to be competitive; the Board concurred with the suggestion.

-- Discussion Items for Next Week's Cabinet Agenda: Mr. Lancaster reviewed the agenda items for next week's Cabinet worksession and asked if the Board had additional items to include; Commissioner Duvall stated she would like to discuss how to let the Cabinet know they are doing a good job.

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

12. COMMISSIONER REPORTS:

-- Commissioner Disney offered complimentary tickets to Chair Clarke and Commissioner Duvall for the John Fielder (Nature photographer) presentation next Wednesday night.

-- Commissioner Disney stated that he attended the Mountain Backdrop Project Open House last night in Jefferson County and now the question is where do we go from here; as the planning phase is done, do we apply for a Legacy grant or a standard grant on parts of it. Commissioner Disney noted that the Board needs a briefing from Mr. Helmick so there is some consensus regarding direction of where to go from here.

-- Commissioner Disney noted he met with Tom Frazier from the City of Fort Collins and Tom Gatlin from the City of Loveland regarding establishing passenger bus service between Loveland and Fort Collins - they think there is a potential ridership of over 30,000 rides annually; he thinks that since Larimer County is a TDM Flagship employer, we should seriously consider this program. Commissioner Disney noted there is $35,000 in Section 18 funds from the Feds and they will be asking each entity for $50,000; the total cost would be $225,000 and they discussed a one-year pilot program to see if it is feasible for one round-trip every hour, 12 hours a day. Commissioner Disney requested direction from the Board to talk to Rex Smith of Public Works and Ginny Riley of Human Development to see if there are additional monies in their budgets for this program. Chair Clarke questioned this as being a drop in the ocean because the traffic count on 287 between Loveland and Fort Collins is 15,000 per day. After discussion, the Board concurred the idea is worth exploring as a pilot program and Commissioner Disney will talk to Mr. Smith and Ms. Riley.

13. DOCUMENT REVIEW:

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve the Minutes for the Week of October 7, 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 Schedule for the Week of October 21, 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 Petitions for Abatement for the following, as recommended by the County Assessor: Steve Schroeder (4 Petitions); Super Vacuum Manufacturing Co. ((2 Petitions); Don Niewald; City Park Plaza; William Woodall; Margaret & Donald Devlin; Carol & Dwayne Herman; F.A.C.C., Inc.; Shelley & Steven Tungesvick; Patrick Giesey (2 Petitions); John Giuliano (2 Petitions); and Namaqua Rental Centers, Inc. (2 Petitions).

Motion carried 3 - 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 for Document Review for October 16, 1996:

MISCELLANEOUS DOCUMENTS: Office on Aging Advisory Council Bylaws; Terry Ridge Subdivision Amended Plat of Lot 8; Garrison Minor Residential Development Plat (#EX0759); Crystal Lakes 4th Filing Amended Plat, Lots 50 & 51; South Nokomis Lake Amended Plat, Lots 14-16, Block 29. LIQUOR LICENSES: County approval was granted to Fossil Creek Conoco - 3.2% - Fort Collins, CO.; River Forks Stage Stop - 6% - Drake, CO.; La Chaumiere - 6% - Lyons, CO.; and Summit Restaurant - 6% - Loveland, CO.

A96-133 WARRANTY COLLATERAL AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND ROCKVIEW

PLANNED UNIT DEVELOPMENT

A96-134 AGREEMENT CONCERNING ROAD IMPROVEMENTS ON

COUNTY ROAD 21C BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND KRISTA DICKINSON

(ROW Agreement - Project #171)

C96-56 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND MORGAN BUILDINGS & SPAS, INC.

(Provision of a Modular Building to Replace Landfill Gatehouse -

Bid #96-50)

C96-57 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO,

DEPARTMENT OF TRANSPORTATION SAFETY - Contract

L-34-97 - Law Enforcement Assistance Funds (LEAF) for the

Prevention of Drunken Driving)

C96-58 CONTRACT FOR REMOVING SNOW FROM THE STREETS OF

NAMAQUA HILLS GENERAL IMPROVEMENT DISTRICT NO. 8

BETWEEN THE BELMIRE SPRINKLER AND LANDSCAPING, INC.

AND NAMAQUA HILLS GENERAL IMPROVEMENT DISTRICT

NO. 8, LARIMER COUNTY, COLORADO

R96-151g RESOLUTION APPROVING THE LAW ENFORCEMENT

ASSISTANCE FUND (LEAF) - (Contract #L-34-97)

Motion carried 3 - 0.

14. LEGAL MATTERS:

At this time, Assistant County Attorney Jeannine Haag joined the meeting for Legal Matters.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners go into Executive Session at 11:55 a.m. to discuss pending litigation.

Motion carried 3 - 0.

The Executive Session ended at 12:05 p.m.; no action taken.

EXECUTIVE SESSION REGARDING OPEN LANDS PROJECTS

(#104 @ 1000)

The Board of County Commissioner reconvened at 2:00 p.m. for an Executive Session with K-Lynn Cameron, Open Lands Manager. Chair Clarke presided and Commissioner Duvall was present; Commissioner Disney was attending the North Front Range Passenger Rail Steering Committee Meeting in Loveland. Also present were: Parks Director John MacFarlane and Frank Lancaster, County Manager. Recording Clerk, S. Graves.

M O T I O N

Commissioner Duvall moved that the Board go into Executive Session at 2:00 p.m. with K-Lynn Cameron and John MacFarlane to discuss open lands projects.

Motion carried 2 - 0.

The Executive Session ended at 2:45 p.m. and the following action was taken after Board discussion of the proposed recommendations for the Poudre/Big Thompson Legacy Project funding from the Larimer County Open Lands Program, based on receiving $3.5 million from GOCO.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve an allocation of $660,000 from the Open Space Tax funds for the Poudre/Big Thompson Legacy Project, as recommended by the Open Lands Advisory Board, to replace the $1.5 million allocation, contingent upon Larimer County receiving a $3.5 million grant from GOCO for the Legacy Project.

Motion carried 2 - 0.

Ms. Cameron invited the Board to an Open House on Thursday, October 14, 1996 to be held in the Multipurpose Room of the Loveland Library from 5 p.m. until 8 p.m. to provide an opportunity for the public to comment on possible projects.

Ms. Cameron submitted two draft versions of the Bylaws for the Open Lands Advisory Board - Alternate A with alternates and Alternate B without alternates; she noted that the Open Lands Advisory Board voted 6 - 3 in favor of having alternates Commissioner Duvall stated she thinks they should not have alternates; Chair Clarke favors having alternates. Therefore, the Board will read the Bylaws carefully and defer a decision on this matter until next week when Commissioner Disney is present.

Ms. Cameron submitted a letter from the Open Lands Advisory Board supporting the report from the 35-Acre Task Force and the concept of the Rural Land Use process and recommending the Commissioners approve this innovative concept. Ms. Cameron stated that the Open Lands Advisory Board feels there is a strong relationship between the Rural Land Use process and the Open Lands Program, which should be emphasized and encouraged and there should be open communication between the two groups.

The meeting adjourned at 3:15 p.m.

______________________________________

JOHN CLARKE, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

_________________________________________

Sherry E. Graves, Deputy County Clerk