Loveland Bike Trail
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, MARCH 17, 1997

LAND-USE PLANNING MEETING

(#162 & #163)

The Board of County Commissioners met at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Disney presided and Commissioners Clarke and Olson were present. Also present were: Carol Evans, Richael Michels, and Dan Tasman, Planners II; Lonnie Sheldon, Project Engineer; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Ms. Evans noted that the applicant for the Fossil Creek Commercial Park Time Extension (#S-17-83) has requested that this item be withdrawn from today's agenda; she reviewed the history of this property and noted that the past approval has expired and any further development on this property will require a new application to go through the full subdivision review process.

Ms. Michels stated that the applicant for the Timnath Pit Special Review Reinstatement and Time Extension (#92-ZR0111) has requested that this item be tabled; she suggested that if the Board agrees to the request, that it be postponed indefinitely and then rescheduled and readvertised. Steve Howard, attorney for Don Kehn Construction, stated that they are requesting this item be tabled because, in addition to the request for a time extension, they are requesting a change in the haul route, which is scheduled to go before the Planning Commission on March 20, 1997. Mr. Howard stated that staff is recommending that the 1985 permit, under which Kehn is now operating, be extinguished upon approval of this extension and, until all the conditions under the 92' permit are known, they don't know if it is feasible for the 85' permit to be extinguished. Ms. Michels responded that, even if the reinstatement is approved, it would not immediately extinguish the 85' permit, as staff has recommended that it not happen for a year. Ms. Haag stated that the hearing concerning reinstatement should continue today because, if the reinstatement is not approved, the Planning Commission will be deciding on a condition for something that doesn't exist. Much discussion followed and it was decided to continue with the hearing today as scheduled, but to follow the schedule as advertised.

2. MATHEY MINOR RESIDENTIAL DEVELOPMENT APPEAL (#97-EX1007):

28-05-69 - 3866 WEST COUNTY ROAD 16, THREE MILES WEST OF

U. S. HIGHWAY 287; 14.85 ACRES; 2 LOTS; FA-FARMING ZONING

This is a request for an appeal to allow submittal of a MRD on a property that was divided after 1972, instead of going through the subdivision process. Mr. Tasman described the project and reviewed the issues involved; he noted that the proposed new lot will be in the middle of the existing lot. Staff findings are: 1) The Minor Residential Development process was amended by the Board of County Commissioners in February 1993 to limit the types of property that are eligible to be subdivided without going through County Commissioners; 3) The full subdivision process is available to evaluate development and divide parcels that are not eligible for consideration under the MRD process. The staff recommendation is for denial of the Mathey MRD appeal.

Applicant John Mathey stated that if staff has a problem with the configuration of the proposed division of land, he would be happy to reconfigure the plan according to their preference; he noted that most of the lots in the area are one to ten acres and so this land division is a conforming type of use and to go through the subdivision process would be overkill, cost prohibitive, and denial of this appeal would impose financial hardship on his family. Chair Disney stated that the Cattail Pond east of this proposed MRD is a subject of controversy with the City of Loveland because of encroaching development and the area probably is in the Loveland Urban Growth Area and it would not be wise to approve a lot on septic in this area; he also noted that in order for the Board to waive policy, there needs to be some public benefit and he is not aware of any public benefit in this situation and this odd configuration would cause a problem for the City of Loveland in the future. Commissioner Clarke cautioned that if this property were to develop through the subdivision process, it would probably come back with a much higher density; he noted he has no problem with this division in theory, but thinks there must be a better way to reconfigure the lot. Discussion followed.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and staff recommendation and deny the Mathey Minor Residential Development Appeal (#97-EX1007).

Motion carried 3 - 0.

3. TIMNATH PIT SPECIAL REVIEW REINSTATEMENT AND TIME

EXTENSION (#92-ZR0111): SW 1/4 OF THE 11-06-68 - TWO MILES

SOUTH OF TIMNATH, 2/3 MILE EAST OF FOSSIL CREEK RESERVOIR,

EAST SIDE OF COUNTY ROAD 5, 1/2 MILE NORTH OF PTARMIGAN

COUNTRY CLUB; 72 ACRES; FA-1 FARMING ZONING

This is a request to reinstate an expired Special Review that allows mining of an additional 72 acres at a previously approved mining operation, as well as the addition of an asphalt plant and construction business as auxiliary to the mine. Ms. Michels stated that the applicant is requesting the Board to reinstate the expired Special Review in the exact form in which it was approved in 1992, and to give the applicant two additional years to complete the conditions. Ms. Michels reviewed the history of this project, as well as the changes that staff is recommending which are different from the '92 conditions, and she reviewed the major concerns and issues. She noted that originally in 1985 a mining permit was approved on this property for 193 acres; that approval included a concrete batch plant and certain road improvements to CR5, and required that the trucks proceed south on CR 5 past Ptarmigan to State Highway 392. Ms. Michels continued that what is not included in the 1985 permit is the 72 additional acres, the relocation of Don Kehn Construction from South College to this property, the addition of an asphalt batch plant, and a change in the haul route to the north on CR 5 to CR 36, over to the Frontage Road, which intersects with Harmony (State Highway 68). Ms. Michels noted that the 1992 Special Review was given three years to complete the conditions and to begin mining on the site; she noted that staff is recommending that the applicant only be given one year instead of the two because they have already had four years to complete the conditions. Ms. Michels stated that if the Board does not approve the reinstatement today, the applicant will be able to continue to mine the property under the 1985 approval.

The staff findings include: 1) The Timnath Pit Special Review was approved in 1992 and expired March 1996; 2) With adequate buffering, the proposed use is compatible with the existing uses in the vicinity; 3) Reinstatement of this Special Review, with certain conditions, should not adversely affect the health, safety, or welfare of the citizens; 4) It is unlikely that any new issues or conditions would be added to those listed here if the application were required to start over with a new review.

Mr. Howard stated that the '92 permit provided that operations cannot begin until all conditions have been met; he noted that if the language of the permit is changed, as suggested, then one year from now, if all conditions are not met, both permits will be terminated and Kehn Construction cannot continue operations. Mr. Howard noted that they are concerned that they will not be able to meet all the conditions because they don't know the cost of paving, if the change in the haul route will be approved, etc., and it would not be fair to cause the '85 permit to cease. Mr. Howard suggested a revision to condition #15 to delete the last sentence and add an additional sentence to #16 stating "...if the conditions of approval are met and mining commenced, then the 1985 permit will expire..." so one or the other permit would be in effect. Mr. Howard addressed the one-year limitation noting that if the haul route is changed, the paving to the south would have to be designed and constructed according to whatever additional conditions are imposed and he is concerned if that can be done in one year; he also discussed the condition for the additional paving and that it is not appropriate to require additional paving beyond the point where the Kehn vehicles use the road. Dan Kehn discussed the practical issues and stated that what they really want is to change the haul route to the south; he noted that right now the '85 permit doesn't have an expiration date. Chair Disney expressed his concern about the County imposing conditions and then not having the ability to regulate or monitor them; much discussion followed.

The following persons addressed the Board with their concerns: Charles Craft, Dave Muth, and Nona Thayer: Mr. Craft submitted copies and read aloud a statement from the Ptarmigan Homeowner Association in objection to the reinstatement and requesting the Board to deny the request; he also submitted a number of letters from homeowners in Ptarmigan in opposition to the southern haul route. Mr. Muth stated that in 1985, Ptarmigan didn't have homeowners to fight the southern haul route. Ms. Thayer stated that this is a real dilemma because the '92 permit had some improvements in terms of greater environmental controls; she noted that she prefers the haul route to the north and even though some of the Ptarmigan homeowners have requested denial of the reinstatement, they actually might prefer it because it requires the north haul route. Dan Kehn responded that they have using the southern route for over a year and have never had a complaint.

Questions from the Board followed; there was much discussion about the requirement for road improvements on CR 5 by Kehn Construction. Mr. Sheldon stated that, as there was a misinterpretation on the number of feet required for road improvements, the requirement for paving the entire frontage of the property could be reconsidered. Mr. Sheldon stated that with regard to the change in haul route, he would like to see a traffic impact study to address the issues. Commissioner Olson stated that it appears that the '92 conditions of approval do a better job of looking out for the environment and citizens. Commissioner Clarke asked about this site in relation to the flood plain; Mr. Kehn stated that this area will become a series of wetlands for wildlife habitat, approved by the State, and it will not be developed. Commissioner Clarke stated that he was going to suggest, if this area was going to be developed in the future, that future development help pay for the paving, but since this is the ultimate development of this site, he thinks it is appropriate that this final development pay the cost of the road improvements.

After lengthy discussion, the original conditions of the staff recommendation for approval of the reinstatement of the Timnath Pit Special Review were amended as follows: 1) Petitioner shall submit the following items to the Planning Department before any mining or other activities related to this operation begin on the site: a) Submit a copy of the State approved reclamation plan; b) A copy of the application for an Army Corps of Engineers 404 permit; c) An overall landscaping plan for the entire site, which is in accordance with the County Landscape Guidelines. This plan must address the issues discussed under "Major Concerns and Issues" in the November 23, 1992 agenda, including an irrigation plan and a detailed weed control plan. This plan must be approved by the staff, and the plant site landscape shall be installed prior to the issuance of a Certificate of Occupancy for the buildings at the Plant site or included in an SIA and appropriate collateral provided. Failure to follow the approved landscape phasing plan shall be a violation of this permit to operate; d) An independent study showing the effect of this operation and reclamation on the Poudre River, as requested by the County Engineer; e) A copy of the signed agreement with the KANEB Pipeline; f) Fire protection plans approved by the Poudre Fire Authority; g) A copy of a signed agreement with AT&T regarding how close the mine will operate to their right-of-way, etc., and to have AT&T physically locate the line; h) An approved well permit and water supply plan for the Division of Water Resources; i) A written agreement with Mr. Weiderspoon for water monitoring shall be transferred from the existing permit; j) A signed written agreement with North Poudre Irrigation Company shall be submitted; k) An erosion control plan that follows the outline provided in Appendix A of Section 10 of the Larimer County Storm Water Management Manual, and that is approved by the Larimer County Engineering Department for areas in which a similar plan is not required by other agencies in areas where an erosion control plan is required by another agency, a copy of the plan submitted to that agency shall be submitted; l) A copy of the air pollution emission notice(s) and valid emission permit(s) for the air pollution sources associated with the mining, asphalt plant, and concrete plan on the property; m) A copy of a valid Colorado Stormwater Program Permit for Sand and Gravel Mining Operations (Permit Type COG-500000) covering both the mining and asphalt plant operations on this property, together with a copy of the Stormwater Management Plan, required as a condition of obtaining that Permit shall be submitted; 2) On-site roads must be maintained with enough gravel overlay to minimize dust generation and prevent the tracking of mud onto County Road 5; 3) The designated haul route approved for this operation shall be County Road 5 north to County Road 36 and then County Road 36 west of I-25 frontage Road. Exceptions have been approved for deliveries within a five (5) mile radius of the plant site. No traffic other than local deliveries and company vehicles in compliance with the posted weight limit in the Town of Timnath shall travel through the Town of Timnath. The applicant agrees to use the designated north travel route, except for local deliveries within a five mile radius, and will take the most direct route to projects to minimize impacts on county roads after reaching the I-25 frontage road; 4) The applicant will pave County Road 5 to County Standards for the entire frontage of County Road 5 North to County Road 36 and shall pave County Road 36 from County Road 5 to the existing paving. This construction must meet County Standards of minimum thirty foot pavement width and three foot gravel shoulders (Two 12-foot paved lanes, two 3-foot paved shoulders, and two 3-foot gravel shoulders) and shall be in conformance with CDOT's Roadway Design Manual and Colorado Highway Specifications. Construction drawings must be submitted to the County and approved prior to beginning the road improvements. The road improvements must be completed and approved and a written agreement executed with the County regarding the improvements prior to operations beginning at the site. The applicant shall provide dust control by watering County Road 5 from the south access road of his property to the south edge of County Road 32E on days that his trucks are making local deliveries south of the plant. In addition, when the County determines that the applicant's trucks contribute 30 VTD or more for more than 25 days in any 60-day period to the traffic use south of the plant, the applicant shall provide yearly chemical dust suppression from the south end of the property line (end of the asphalt roadway) to County Road 32E; 5) The applicant shall locate the plant site to the furthermost north point as shown on the site plan reviewed by the BCC on November 23, 1992. The two entrances to the plant site must be separated by a minimum of 600 feet. Site distance must be shown to be adequate for the southern entrance and access permits are required. The old plant site in the SW corner of the property may be included in the mining plan; 6) Hours of operation will be limited to 6:00 a.m. to 6:00 p.m., Monday through Friday for the mining operation, and 7:00 a.m. to 6:00 p.m., Monday through Friday for the crush/wash plan, with the following conditions: a) The crush/wash plant shall not be relocated outside the approved plant site; b) Any bids accepted by the applicant that require evening or nighttime paving are required to be in writing and a copy sent to the Larimer County Planning Department; c) Mining and wash/crush plant shall operate only during normal operation hours; d) The concrete and asphalt batch plans may operate extended hours and week-ends to complete contracts and unfinished day work; 7) Recycled asphalt may be stockpiled on the site with adequate screening; 8) Any damage done to the Fort Collins-Loveland water line on this site will be the responsibility of the applicant/operator; 9) An additional amount of right-of-way must be reserved giving a total 50' half right-of-way; 10) No structures shall be constructed in the floodway; 11) Structures constructed in the flood fringe will need to meet floodplain elevation requirements; 12) Any fencing on the north, east, and west sides of the operation should be of the type recommended by the Division of Wildlife: 4 strand barbed wire, with the bottom strand 16" high and the top strand at 48" high; (There is no condition #13); 14) Approval of this application for gravel mining is not to be considered approval of any post mining land use including water skiing ponds; 15) Final approval of this plan by the Board of County Commissioners will cause the approval of the previously approved C & M plan, Case #Z-21-85, to be superseded. One year after reinstatement of this Special Review, the old plan will no longer be valid; 16) If the conditions of this approval are not met and mining commenced within one year, this approval will expire; 17) Company operations, as defined in the list of equipment attached as Exhibit B, are considered accessory to the mining operation and are permitted with the following conditions: a) The maintenance facility and equipment storage yard shall be removed after the mining operation has been completed and as a condition for reclamation of the site to be considered complete. This notation shall be included in the reclamation plan present to the State; b) The maintenance facility and equipment storage yard shall be shown on the final approved site plan and shall not be expanded without further review and approval by Larimer County; c) The applicant shall submit a plan to address the prevention of oil and fluids discharge or other ground contamination resulting from the maintenance and heavy equipment storage yard; d) The applicant shall sign an agreement suitable for recording which relinquishes the non-conforming status of the South College heavy equipment operation and which requires future uses and signage to comply with the current C-Commercial zoning on the site; 18) A development agreement shall be signed by the applicant and the Board of County Commissioners which commits the applicant to the conditions of operation set forth in these conditions and in the original application materials where said application has not been modified by these conditions.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and staff recommendation and approve the Timnath Pit Special Review Reinstatement and Time Extension (#92-ZR0111), with the original conditions as amended and outlined.

Motion carried 3 - 0.

The meeting adjourned at 5:15 p.m.

TUESDAY, MARCH 18, 1997

ADMINISTRATIVE MATTERS

(#163 @ 250 & #164)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Disney presided and Commissioners Clarke and Olson were present. Also present were: Rex Smith, Public Works Director; Steve Miller, County Assessor; Bobby Dorris, Assessor's Office Administrative Assistant; Ralph Jacobs, Human Resources Director; Ginny Riley, Human Development Director; Lorrie Wolfe, Human Development Grants Coordinator; Kathy Snell, Health and Human Services Director; Doug Keasling, Social Services Director; Jane Looney, Child and Family Services; Mark Engemoen, County Engineer; Jerry White, Right-of-Way Agent; Deni LaRue, Community Information Manager; and Donna Hart, Commissioner's Office Staff Services Manager. Recording Clerk, S. Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: The following persons addressed the Board during the open session for public comment: Jack Swets, Bill Swets, and Susan McGinley. Jack and Bill Swets provided an update on the disputed property line along south County Road 5 and north of the Poudre River adjacent to the Swets property. Since this is the first opportunity the Board has had to review the details of this situation, Commissioner Clarke suggested that the Board discuss this matter with the County Attorney later this morning during Legal Matters.

Ms. McGinley discussed the ditch and drainage problems in Crown Point, Vista View, and Crystal View Subdivisions near Horseshoe Lake. Ms. McGinley submitted pictures of the ditch and a sample of the dirty water and she asked why the developer Gary Gerard was signed off on the permits and now has received the bid to do the repair work for $18,000 and the next lowest bid is $30,000; she noted that the homeowners don't trust him or his work. Ms. McGinley asked the Board what the County plans to do and she requested that this ditch be brought up to standard so it can be maintained and she noted that there are at least 12 violations on the water right now. Chair Disney stated that the Board will check into this problem and, as part of the new land use system the County is developing, this problem will be rectified. Ms. McGinley also asked if the County could spray for thistle or make the developer pay for it; she noted that none of the conditions, as outlined on the plat, have been followed.

2. EXECUTIVE SESSION WITH REX SMITH - PERSONNEL ISSUE:

M O T I O N

Commissioner Olson moved that the Board of County Commissioners go into Executive Session at 9:30 a.m. to discuss a personnel issue.

Motion carried 3 - 0.

The Executive Session ended at 9:50 a.m.; no action taken.

3. DISCUSSION OF APPOINTED SALARIES:

Steve Miller requested the Board to approve an increase in the salaries of the Deputy Assessors Larry G. Johnson and James R. Weitz to $54,000, effective September 1 to December 31, 1996 to be in concurrent with the Chief Deputy Treasurer, and to approve an increase to $58,958, effective January 1, 1997, to be equal to the salaries of the Chief Deputy Clerk and Recorder and the Chief Deputy Treasurer; he noted that it has been the policy in the past that these positions were equally compensated and currently there is approximately a $12,000 difference. Mr. Miller stated that the Deputy Assessor's positions are different from the other Chief Deputies in the County in that they are required to have professional certification, they are analytical positions, they serve as expert witnesses in Court proceedings, etc. Much discussion followed; it was noted that the requested salaries are much higher than the market rates for Deputy Assessors and using market data alone, the Deputy Assessors 50th percentile level is $46,368. Mr. Jacobs stated that comparability of other counties is difficult to achieve because each county is organized differently and he agrees with Mr. Miller that historically these positions have been at the same level; however, he noted that according to market data, Deputy Assessors make less than Chief Deputies for the Clerk and Recorder and Treasurer. The Board pointed out that there are three (one classified) Deputies in the Assessor's Office and just one Deputy in both the Chief Clerk and Recorder and Treasurer's Offices.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve a salary of $48,816 for the two Deputy Assessors, retroactive to January 1, 1997, and authorize the County Assessor to fund the difference to $58,958, if he desires to do so, with monies from his current budget.

Motion carried 3 - 0.

4. APPROVAL OF MINUTES FOR THE WEEK OF MARCH 10, 1997:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Minutes for the week of March 10, 1997, as submitted and revised.

Motion carried 2 - 0; Commissioner Olson did not vote on this motion because she was out of town last week.

5. APPROVAL OF SCHEDULE FOR THE WEEK OF MARCH 24, 1997:

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the Schedule for the week of March 24, 1997, as submitted and revised.

Motion carried 3 - 0.

6. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the following documents, as listed on the Consent Agenda for Document Review on March 18, 1997:

-- Waiver of Recruiting Policies for Hire in Finance Department:

-- Approval of Stipulation by Board of Assessment Appeals for Abatement of Taxes for 1996 Tax Year for Cloverleaf Kennel Club:

-- Documents:

MISCELLANEOUS DOCUMENTS: Greenwald Minor Residential Development Plat; and Letter to Bill Owen, State of Colorado Treasurer, Regarding Mineral Leasing Certification. LIQUOR LICENSES: Licenses were issued to: Rustic Liquors - 6% - Bellvue, CO.; Rustic Resort - 6% - Bellvue, CO.; Burger Bay Restaurant - 3.2% - Loveland, CO.; Boyd Lake Marina - 3.2% - Loveland, CO.; and Loyal Order of Moose, Lodge No. 484 - 6% - Loveland, CO.

A97-42 AGREEMENT CONCERNING ROAD IMPROVEMENTS ON

COUNTY ROAD 30 BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND JEFFREY AND HEIDI L. DONALDSON

(Project #181)

A97-43 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND JAMES KAGAN

M.D., P.C. DBA FOOTHILLS ASSOCIATES IN PSYCHIATRY

(Provision of Emergency Psychiatric Consultation and Support Services

for the Mental Health Center)

A97-44 LIBRARY SERVICES AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND THE TOWN OF BERTHOUD

D97-05 DEED OF DEDICATION BY JOHN H. AND CAROLYN HUISJEN

(County Road 5/38 - Project #203)

Motion carried 3 - 0.

7. WORKSESSION:

-- Items for Cabinet Meeting: Mr. Lancaster asked the Board if they had specific topics they want to discuss at the next Cabinet meeting; suggested topics were: appointed salary policy, program budgeting, follow-up on employees parking in public parking places, and WorkPlan and Goals.

-- Cops Universal Request: Mr. Lancaster noted that Sheriff Shockley has received information about applications for the Federal Funding Program for 2 or 3 officers for Larimer County that were due last week and he noted that another application deadline is in June. Mr. Lancaster stated that the question the Board needs to consider is that this is a program where they pay $25,000 per position per year for three years and, after that time, the County has to commit to assume costs for those officers; the Sheriff wants to know if he should pursue this application. Chair Disney stated that in 1992 the voters passed the Tabor Amendment and to try and shield them from the consequences of that decision in which they said they want government to cut back has got to stop; he noted that the Board knows that there is an increase in demand for services because of the growth in Larimer County, but they can't continue with the same amount of services and the citizens need to understand why. CONSENSUS OF THE BOARD was that with the pending facilities situation unclear, particularly funding for the detention facility, and everything else on their plate, the Board can't assume more expense; Commissioner Olson will meet with the Sheriff to explain the situation.

-- Items for Joint Meetings with Towns & Cities: Mr. Lancaster asked the Board for topics they wish to discuss at the upcoming joint meetings with Windsor, Loveland, and Berthoud; the Board said they want to discuss PLUS (Partnership Land Use System) with all of them, and to discuss the Fairgrounds and Facilities with Berthoud and Loveland, and IGA clarification with Windsor.

-- Letter of Intent from Hensel-Phelps for Justice Center: Mr. Lancaster requested consensus of the Board for a letter of intent drafted by Hensel-Phelps (the construction company chosen for the design built for the Justice Center); previously, the Board had directed Mr. Lancaster to contact Hensel-Phelps to see if they could do something other than design built to have better control over the cost and tighter control over what is being spent. Mr. Lancaster stated that this letter of intent states that they will go with a cost plus mark up of 4.6% of approved costs and agree to a 3rd party audit of their costs and expenses to make sure they are reasonable. Mr. Lancaster recommended that the Board agree to the contents in the letter of intent because of the time crunch and then a formal contract will be prepared based on what is in the letter. Chair Disney asked if the County Attorney had seen the letter; the answer was "No"; The Board directed that the County Attorney review the letter before it is sent.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the letter of intent from Hensel-Phelps regarding the Justice Center, contingent upon approval by the County Attorney.

Motion carried 3 - 0.

-- Information regarding Commissioner's Staff Relations Class: Mr. Lancaster informed the Board that the Bleikers will be giving an all-day class on Commissioner's Staff Relations which he and Mr. Gluckman would like to attend on June 6, 1997; Commissioners Clarke and Olson indicated they would also like to attend this class.

-- Request for Direction from the Board: Mr. Lancaster reported he met yesterday with MBIA Insurance and Dain Bosworth discussing insurance rates for bonds concerning coverage ratios, interest rates, etc. Mr. Lancaster noted that a question was raised about the fund balance and does the Board intend to maintain the fund balance or cut the tax off early and pay off the bonds; he requested direction from the Board. After discussion, it is the assumption of the Board that the jail operation and maintenance will continue and the remainder cut off. The tax for the remainder of the projects, including the justice center, will be eliminated as soon as enough money is brought in to pay off the bonds, no fund balance will accrue.

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

8. COMMISSIONER REPORTS:

-- Commissioner Clarke noted that an invitation was received for the Board to ride in a buggy pulled by two Clydesdale horses at the Fair in August; the Board all agreed to accept the invitation.

-- Commissioner Clarke stated that Ann Azari, Mayor of Fort Collins, informed him that the City of Fort Collins is adopting a resolution tonight to formalize their participation in the Water Issues group by appointing Chuck Warner and Mike Smith to that group; he suggested that the Commissioners also adopt a resolution appointing him to be the representative from Larimer County to the Water Issues group.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners request that Mr. Lancaster draft a resolution appointing Commissioner Clarke as representative for Larimer County to the Water Issues Group.

Motion carried 3 - 0.

-- Commissioner Clarke reported that Brent Nittmann, Interim Director of Community Corrections, is leaving Larimer County; he noted that he is working with Kathy Snell to arrange for proper supervision for that department.

-- Commissioner Olson reminded the Board that they will be having lunch tomorrow with the Economic Development Advisory Board; she also noted that she met with Bruce Biggi, GIS Manager, in his new office to discuss developing policy regarding Larimer County and how information is shared.

-- Chair Disney reported that tomorrow afternoon he will be part of the interview team for consultants for the updated North Front Range Transportation Air Quality Planning Council.

9. INTRODUCTION OF NEW DIRECTOR OF FUNDING PARTNERS:

Ms. Riley noted that she has been representing Larimer County on the Board of Directors of Funding Partners, originally the Northern Colorado Community Housing Organization, and she introduced Karen Gerard who was recently hired as the first Executive Director of Funding Partners. Ms. Gerard provided a review for the Board of her background in community organizing non-profit management and fund raising, with a sideline in affordable housing; the Board welcomed her. Ms. Riley noted that the County's contribution to this project has been to provide in-kind space at Foothills Gateway.

10. CHILD WELFARE SETTLEMENT AGREEMENT UPDATE:

Mr. Keasling provided an update for the Board regarding the Child Welfare Settlement Agreement and the compliance of the Larimer County Department of Social Services with that Agreement; he reviewed the history of the Agreement, noting that in 1993 the American Civil Liberties Union decided to sue the State of Colorado for not meeting all the requirements of the Federal and Child Welfare. Subsequently, the Colorado Department of Human Services and the Counties set up a Task Force to negotiate to make a settlement; in June 1994, an agreement was made, and ratified by the Court, that allows the State to do most of the oversight and outlines requirements for the Counties to meet to ensure compliance status with regard to services to children.

11. APPLICATION FOR TIIAP GRANT:

Ms. Riley requested Board approval of a TIIAP (Telecommunications and Information Infrastructure Assistance Program) grant proposal. Ms. Wolfe provided a summary and budget of the proposal; she noted that this proposal will increase the ability of rural communities to have access to the Internet and County information and it will provide nine community access sites to health libraries and to the health van. Ms. Wolfe continued that this information will be available in English and Spanish and volunteer tutors will be provided at each of the libraries on a regular schedule; she noted that if the grant is received, the County's obligation will be to hire a coordinator for a limited term position for two years to oversee the project and expand the content of the Web pages. Ms. Wolfe stated that Human Development will provide for some of the indirect costs of the project; they also are asking for $2200 in time from the Information Management Department, and the community is required to match the Federal dollars. Ms. LaRue stated that $750 of her time has also been donated to this project. Ms. Wolfe requested the Chair's signature on the assurances and certifications so they can apply for this grant of $310,377. Ms. Riley stated that there is a $20,000 match from Human Development and she informed the Board that the seed money is already in the existing budget

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the request for submission of the application of the grant proposal for the Telecommunications and Information Infrastructure Assistance Program.

Motion carried 3 - 0.

12. PROPOSAL FOR ESTES PARK HEALTH AND HUMAN SERVICES MANAGER:

Ms. Snell requested Board approval for a new Estes Park Manager, at a pay grade of 157, to provide leadership for the Larimer County Health and Human Services Division for the Estes Park office; she noted that monies for this position will be derived from $25,000 in CDBG funds and $25,000 assessed to the departments currently providing services in Estes Park. Ms. Snell stated that they will try to hire someone from the Estes Park area; Chair Disney requested Ms. LaRue to do a press release on this position.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the request for establishment of a new position for an Estes Park Manager for the Office of Health and Human Services, to be funded as outlined in the memo, and request that the person hired for this position will devote 1/3 of their time to direct services.

Motion carried 3 - 0.

13. REQUEST FOR NEW HALF-TIME POSITION FOR OFFICE CLERK I TO ASSIST THE COUNTY LAND AGENT:

Mr. Engemoen requested Board approval for a new half-time position of Office Clerk I to assist the County Land Agent, thereby providing more staff time to pursue acquisitions for the open space program; he noted that the cost associated with this new position will be funded out of Engineering savings made available by charging half of the Land Agent's position to the Open Space Program.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the request for a new half-time position for Office Clerk I to assist the County Land Agent.

Motion carried 3 - 0.

At this time, County Attorney George Hass joined the meeting for Legal Matters.

14. LEGAL MATTERS:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners go into Executive Session at 11:45 a.m. to discuss pending litigation.

Motion carried 3 - 0.

The Executive Session ended at 12:00 noon; no action taken.

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JIM DISNEY, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

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Sherry E. Graves, Deputy County Clerk

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