PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

TUESDAY, NOVEMBER 4, 1997

ADMINISTRATIVE MATTERS

(#260 & #261)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Disney presided; Commissioners Clarke and Olson were present. Also present were: Dr. Keith Olson, Director Mental Health Center; Ralph Jacobs, Director Human Resources; Patsi Maroney, Compensation & Benefits Specialist; Rex Smith, Director Public Works; Bill Heiden, Director Road & Bridge; Marc Engemoen, County Engineer; Bill Gleiforst, Traffic Services Supervisor; Brian Fraaken, Project Engineer; Neil Gluckman, Assistant County Manager; and Deni LaRue, Community Information Officer. Recording Clerk, S. Graves.

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

2. APPROVAL OF MINUTES OF WEEK OF OCTOBER 27, 1997:

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the Minutes for the week of October 27, 1997, as submitted.

Motion carried 3 - 0.

3. APPROVAL OF SCHEDULE OF WEEK OF NOVEMBER 10, 1997:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Schedule for the week of November 10, 1997, as submitted.

Motion carried 3 - 0.

4. APPROVAL OF CONSENT AGENDA FOR NOVEMBER 4, 1997:

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the following documents as listed on the consent agenda on document review for November 4, 1997:

MISCELLANEOUS DOCUMENT: Public Trustee Third Quarter Report for 1997 and Solid Waste Task Force ByLaws. LIQUOR LICENSES: County approval was granted to the Fort Collins Country Club - 6% - Fort Collins, CO. and the Fort Collins Moose Lodge No. 275 - 6% - Fort Collins, CO. A license was issued to Kwik Korner - 3.2% - Berthoud, CO.

A97-148 INTEGRATED SERVICES PROGRAM AGREEMENT BETWEEN

THE BOARD OF COUNTY COMMISSIONERS AND THOMPSON

R2-J SCHOOL DISTRICT

C97-52 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND CATHOLIC CHARITIES

(Community y Development Block Grant Program)

Motion carried 3 - 0.

5. REQUEST FOR APPROVAL OF FEMA GRANT FOR MENTAL HEALTH SERVICES: Dr. Olson requested Board approval to accept and implement mental health outreach and treatment services for victims of the Fort Collins flood. He noted that after the July 28, 1997 flood, the Mental Health Center and a number of other agencies and organizations responded to the victims of the flood; however, it soon became clear that the Mental Health Center did not have the resources to do the outreach work and other kinds of off-site contact work to provide the necessary support. Dr. Olson stated that it is estimated that about 8,900 persons were impacted by the flood and approximately 1,670 persons may be in need of and will be responsive to mental health services. Dr. Olson informed the Board that State personnel, the Poudre Health Services District, and members of the Center's staff jointly prepared a request for funds from FEMA; he noted that as the State is the applicant, FEMA will contract with the State and an amendment will be added to our existing contract with the State to provide those services. Dr. Olson stated that the program calls for a part-time project manager, two half-time outreach workers, two Mental Health therapists, and part-time clerical staff; he noted that no County General Fund dollars are required and all positions will be strictly "grant funded" and will terminate at the end of the nine months' funding. Questions from the Board and discussion followed.

M O T I O N

Commissioner Clarke moved that the Board approve the acceptance and implementation of the "Crisis Counseling and Training" grant, if it is approved and funded by FEMA, through a contract extension with Community Mental Health Services of the State Department of Human Services.

Motion carried 3 - 0.

6. REQUEST FOR APPROVAL OF WAIVER OF VACATION LEAVE POLICY FOR NANCY LUBINSKI: Mr. Jacobs noted that the Clerk and Recorder's Department is requesting that the Board approve a waiver of the Larimer County Personnel Policy pertaining to the accrual of vacation leave in order to allow Nancy Lubinski to earn vacation leave at the same rate she was earning when she was a full-time employee (12 hours per month); he noted that the rate would be pro-rated to 6 hours per month because she is now a half-time employee. Questions from the Board and discussion followed; the concern of this action being precedent setting was discussed.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the waiver of the Larimer County Personnel Policy concerning vacation leave policy in order to allow Ms. Lubinski to earn vacation leave, pro-rated at the same rate she earned when working as a full-time employee.

Motion carried 3 - 0.

7. REQUEST FOR APPROVAL OF CASH IN LIEU OF HEALTH INSURANCE PROGRAM: Mr. Jacobs stated that the purpose of today's discussion with the Board is to consider the advantages and disadvantages of a health insurance benefit change that would allow certain employees to choose between taking the County paid employee health insurance or taking a specific cash payment; he noted that if the Board determines that it is in the best interests of Larimer County to proceed with such an incentive plan, a decision needs to be made today so this can be taken into account by employees during open enrollment. The pros and cons of this action were discussed at length; Mr. Jacobs noted that the main concern is that adoption of this policy may cause the best risks in the insurance pool to leave and the consequence would be that the County's risk pool could become more expensive for both the County and the employees who remain in it. Mr. Jacobs stated that the only way to balance the risk is to narrow down the range of eligibility to a point at which it will offer employees some benefit without significantly damaging the quality of the risk pool. Mr. Jacobs stated that one potential solution would be to limit eligibility to those employees who can prove that they have employer-sponsored group health insurance elsewhere and to offer $50 in cash in lieu of premium. Mr. Jacobs informed the Board that if more than 10% of the County's current coverage does leave because of this offer, then PacifiCare would have the opportunity to re-rate the group and the outcome might be an increase in premiums; therefore, they would like to cap access to 8% to allow for a little margin. Ms. Maroney stated that the 70 employees who currently are not signed up for insurance with the County will not count in the 8% cap; Mr. Jacobs stated that they will watch this very closely and then determine whether or not to continue the program. The Board stated that there are so many unknowns with the adoption of this program and they requested Mr. Jacobs report to them periodically as the program evolves throughout the year. There was discussion of the 8% cap and whether to offer it to first-come, first-served or to pool everyone interested in the $50 and do a random drawing, such as a lottery.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the cash in lieu of health insurance pilot program for a one-year trial, with details to be reported to the Board on a regular basis, with the following conditions: 1) 8% cap; 2) Employees have the choice to either take $50 in additional gross salary or to have the County pay the premium for the Personal Accident Insurance (PAI) program; 3) Proof that employee has other employer-sponsored group health insurance.

Motion carried 3 - 0.

Mr. Jacobs informed the Board that the Public Trustee is a participant in the County's health insurance plan; however, he does not think it is in the best interest of the County to offer this program to the Public Trustee, but he is willing to consider what arguments they might make to the contrary. Mr. Jacobs stated that the Public Trustee will have to pay the $50, not the County.

8. REQUEST FOR APPROVAL OF EARLY RETIREMENT HEALTH INSURANCE PLAN: Mr. Jacobs reminded the Board that at the last Cabinet meeting they requested him to prepare some concrete policy options for the Board to consider regarding an early retirement health insurance plan for possible implementation in 1998; he submitted and reviewed two alternative draft plans and noted that the main difference between Option A and B is that with Option A, the County will pay 100% of the employee's health insurance premium and with Option B the County will pay 75% of the premium. Mr. Jacobs described the program and noted that this program is intended to provide eligible County employees with an opportunity to continue to receive health insurance benefits under Larimer County's employee health insurance program if the employee chooses to retire from County employment, as provided for in the eligibility requirements. Mr. Jacobs reviewed the eligibility conditions and much discussion ensued regarding the age to qualify for this plan; he also reviewed the limitations, benefit provisions, payment of premiums, and termination or amendment of the program and he noted that participation is limited to two years. Mr. Jacobs noted that he also put an 8% total enrollment cap on this retirement plan in order to avoid an automatic rerating of the health insurance policy.

Much discussion followed; Mr. Jacobs indicated he recommended that a condition of eligibility be that the employee must be no less than 40 years of age because he wanted to cover the entire group of people who are protected under Civil Rights Law. There was much discussion of the disadvantages for having any age listed under eligibility. Mr. Smith stated that the Federal Government doesn't make retirement available to you until you are 59 1/2 without paying a penalty; he suggested that the age 40 limitation be eliminated. Mr. Smith also noted that there is the potential for tremendous salary savings by offering this early retirement program. After further in-depth lengthy discussion, the Board summarized that this early retirement plan will provide an opportunity for an employee to retire at 61 1/2 and the County will pay their insurance premiums for two years and then the employee can elect 18 months of COBRA at his or her own expense, a plan for continuance of insurance in which the employee pays the premiums, plus 2%. If an employee retires at age 63, then the County will pay the premiums for two years until 65 and they become eligible for Medicare. Mr. Jacobs requested direction from the Board as there is so much uncertainty with the adoption of this early-retirement plan. CONSENSUS OF THE BOARD was to indicate their approval for Option A, but they want Mr. Jacobs to re-work the draft and discuss with the County Attorney the possibility of having the eligible age for this early retirement tied in with the Federal retirement age. It was noted that if it is determined at any time that this plan is not working and is terminated, once an employee has chosen to go with the early retirement program, they will be able to continue in the program until their two-year participation limit is reached.

9. WORKSESSION:

-- Summit Debriefing: Mr. Gluckman briefed the Board on the Partnership Summit II, which was held last week, and requested their comments and suggestions; he noted that a report on Summit II will be mailed out soon, which will include a roster of the participants. Chair Disney stated he was disappointed there wasn't more private sector participation and it would have been interesting to have the people that participated in the focus groups in attendance; he noted, however, that he thought the Summit was very productive.

-- Legislative Breakfast: Mr. Gluckman submitted a draft agenda for the meeting scheduled for December 10, 1997 with the Legislative Delegation; the Board reviewed the agenda and several revisions were made and it was suggested that the person responsible for each agenda item be asked to write a position paper to be presented at the meeting of no more than one page.

-- Loveland JPC: Mr. Gluckman reminded the Board that on October 14, 1997 Dennis Miller presented the Joint Planning Committee report and the Board endorsed the formation of the Loveland Joint Planning Committee; he noted he has been working with the City of Loveland and the Thompson R2-J School District on implementation. Mr. Gluckman stated that they have planned a kick-off on December 11, 1997 from 4 to 6 p.m., hosted by the City of Loveland, for all the participants and the Commissioners are also invited.

10. COMMISSIONER REPORTS:

-- Commissioner Clarke reported that he is working with the kids on alternative parties and he will be meeting with them again tonight.

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

11. LEGAL MATTERS:

-- Ms. Haag requested Board approval of a contract and related closing documents for the sale of Lot 23 in Glacier View Meadows, 8th Filing.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the contract and related closing documents for the sale of Lot 23 in Glacier View Meadows, 8th Filing, and authorize the Chair to sign same.

Motion carried 3 - 0.

C97-53 CONTRACT FOR SALE OF LOT 23, GLACIER VIEW MEADOWS,

8TH FILING IN LIVERMORE, COLORADO TO CAROL R. OLDHAM

& CATHERINE C. GONZALES

12. DISCUSSION OF SPEED LIMIT ON CR 17 BETWEEN FORT COLLINS AND LOVELAND: Mr. Engemoen submitted the Speed Zone Survey conducted on Larimer County Road 17 from the Loveland City Limit to Scenic Drive at the Fort Collins City Limits; he noted this is one of the busiest roads in the County and raising or lowing speed limits is one of the most controversial actions. Mr. Gleiforst briefly reviewed the survey and the issues considered, such as the prevailing vehicle speeds, physical features, accident history, traffic characteristics, etc.; he noted that this study was initiated because of requests from residents and businesses north of Trilby and south of 57th Street. Mr. Gleiforst reviewed the varying speed limits currently posted on this road and stated that the proposed changes will bring some continuity to the speed limits; he noted that the major changes being recommended are that the speed limit on CR 17 be reduced from 55 mph to 45 mph from the Loveland City limit north to CR 28 in both directions, and that the speed limit on CR 17 be reduced from 50 mph to 45 mph from CR 34 to Scenic Drive. Mr. Gleiforst stated that the State Patrol has been concerned with the existing fluctuating speed limits and they concur with the changes proposed; it was noted that the majority of the traffic accidents have occurred at the turn-in to the Gulley Greenhouse. Chair Disney asked if Gulley's are in compliance with the zoning in the area; it was noted that when Gulley's started their business, it was very small and it has grown over the years. Mr. Engemoen will check into the zoning to see if this business is an allowed use and he will continue to work with the Cities on getting more permanent improvements on this road.

13. EXECUTIVE SESSION TO DISCUSS PERSONNEL MATTER:

M O T I O N

Commissioner Olson moved that the Board of County Commissioners go into Executive Session at 11:50 a.m. to discuss a personnel matter.

Motion carried 3 - 0.

The Executive Session ended at 12:35 p.m.; no action taken.

__________________________________________

JIM DISNEY, CHAIR LARIMER COUNTY

BOARD OF COUNTY COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

___________________________________________

Sherry E. Graves, Deputy County Clerk,