PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, JUNE 22, 1998

MEETING REGARDING INFORMATION MANAGEMENT (IMS)

HUMAN RESOURCE ISSUES

(#NO TAPE - NO ELECTRICITY)

The Board of County Commissioners met at 1:00 p.m. in regular session with Andy Paratore, Director Information Management Services. Chair Olson presided and Commissioners Clark and Disney were present. Also present were: Gary Janezich, Systems & Programming Computing Manager; Ralph Jacobs, Director Human Resources; Doreen Kemp, Human Resources Specialist; and Neil Gluckman, Assistant County Manager. Recording Clerk, Sherry Graves.

Mr. Paratore stated that for the past three months they have been working with Human Resources and internal IMS staff to develop and implement a fair and equitable performance based pay model for teams and individuals. Mr. Paratore reviewed in detail a colored slide presentation booklet, the IMS Performance Management Plan and Competitive Compensation Issues, and the Administrative Matters format used for the decision making process; he noted that their objective is to partner with Human Resources and requested Board approval to: 1) Implement the IMS Performance Management Plan on July 1, 1998 for the Systems and Programming Department and on January 1, 1999 for the GIS and Mapping Department. An employee is limited to a total yearly monetary performance incentive on no more than 10% of their current yearly salary and this is inclusive of bonuses and permanent increases to salary and exclusive of labor market; 2) Allow the IMS Director to use the 1999 labor market adjustment at his discretion to make appropriate individual adjustments to obtain internal equity. Inequity came about because market forces are mandating that they hire and pay new employees (with similar or less skills and experience than current employees) near or above existing IMS staff (effective January 1, 1999); 3) Allow the IMS Director to award project or performance bonuses (range of $0 to $1,500 per item with $3,000 cap) to individuals in other IMS Departments that are not included in the proposed performance based pay plan, but who will be instrumental with upcoming facilities and communication infrastructure projects and issues; 4) Allow for the IMS Director or Communications Services Department Head to approve and distribute on-call pay of $50.00 per week or 2 hours of administrative leave per week for being on-call and within 45 minutes response of the Larimer County Courthouse. These individuals are now required to be on-call for public safety and communication issues but are not currently being compensted for being on call; 5) Have all IMS Department Heads hired within the last or any future IMS Department Head be made an appointed position at the IMS Directors discretion.

Mr. Paratore reviewed the advantages and disadvanges of the IMS Performance Management Plan; he noted that the City of Boulder just instituted Performance for Pay. Much discussion followed; Mr. Paratore stated that there is a nationwide labor shortage for approximately 1/4 million open IMS positions and Larimer County must be more competitive to retain employees as they they have been losing employees to other agencies who either pay more money or offer better benefits. The cost of funding the bonuses would be a maximum of $70,000 a year; the Board directed Mr. Paratore to work with Mr. Keister to determine indirect costs for this funding. Commissioner Disney stated that one way to help pay for the bonuses would be for IMS to track the service performed for other departments and charge for those services.

M O T I O N

Commisisoner Clarke moved that the Board of County Commissioners approve the implementation of the IMS Performance Management Plan, as outlined in #1 above.

Motion carried 3 - 0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners allow the usage of the 1999 labor market adjustment to be used at the discretion of the IMS Director to make appropriate individual adjustments to obtain internal equity, as outlined in #2 above.

Motion carried 3 - 0.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners allow performance and project bonuses (range of $0 - $1,500 per item with $3,000 cap) for those individuals that will be instrumental in upcoming facilities or communication infrastructure projects but are not currently included in the IMS Performance Management Plan, as outlined in #3 above.

Motion carried 3 - 0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners allow additional compensation for those individuals that are on-call for public safety or communication emergencies to be distributed by $50.00 per week or 2 hours of administrative leave per week of being on-call, as outlined in #4 above.

Motion carried 3 - 0.

The Board postponed action on the request for the IMS Director to make IMS Department Heads hired in the past year and all future Department Heads or managers an appointed official position until they receive direction from Mr. Lancaster, Mr. Gluckman, and Mr. Jacobs about this request.

Mr. Paratore expressed his thanks and appreciation to Ms. Kemp for her efforts and work on the Performance Management Plan.

The meeting recessed at 2:30 p.m.

LAND-USE PLANNING MEETING

(#347)

The Board of County Commissioners reconvened at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: John Pedas, Code Enforcement Officer and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

1. CHESS JUNKYARD ZONING VIOLATION (#97-ZV1112): 1121 ROUND

BUTTE DRIVE, LOT 1, BRANDENBERG SUBDIVISION 2ND FILING

This alleged violation is for collecting and storing inoperable/unlicensed vehicles, household appliances, scrap tires, tree limbs, junk and other debris in a platted residential subdivision zoned FA-Farming. Mr. Pedas submitted photos of the site, provided the background information concerning this violation, and reviewed the major issues and concerns; he noted that he visited the site this morning and some effort has been made to clean the area, but there is still a long way to go. Staff findings include: 1) The subject property is zoned FA-Farming; 2) The FA-Farming Zoning District does not permit junk yards or private landfills or dumps; 3) The condition of the property is totally out of character with outside storage usually associated with a residential use; 4) Continued use of the property, inconsistent with the zoning regulations, 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. The property owner, nor representative, attended today's hearing.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and staff recommendation and find that a violation exists, require compliance within 30 days, and authorize legal action if the deadline is not met.

Motion carried 3 - 0.

2. DOWLING DUMP AND LANDSCAPE MAINTENANCE ZONING

VIOLATION (#89-0450): 1704 WEST TRILBY ROAD, LOT 3,

SCHEEL MRD

This alleged violation is for operating a landscape maintenance business, storing and processing tree limbs and other landscape maintenance debris in the FA-1 Farming Zoning District. Mr. Pedas submitted photos of the site, provided the background information concerning this violation, and reviewed the major issues and concerns; he noted he also visited this site this morning and almost all of the material has been removed. Mr. Pedas stated that since the violations have ceased, he requested the Board to give the Planning Department the authority to proceed directly to the County attorney, if the violations should re-occur in the future. Staff findings are: 1) The subject property is zoned FA-1 Farming; 2) The FA-1 Farming District does not permit commercial/industrial uses or private landfills or refuse dumps; 3) Storage of tree limbs, grass clippings and other plant material poses detrimental health and safety problems; 4) Continued use of the property inconsistent with zoning will affect property values in the neighborhood.

Frank Dowling, property owner, stated that he has been very involved with Mr. Pedas regarding this violation and he has made arrangements so problems of this magnitude will not occur in the future; however, he would like to follow some procedure and make provisions in order for him to pursue limited use on his property because he does run a landscaping business. Mr. Pedas noted that he suggested to Mr. Dowling that he consider applying for a minimum special review for a small composting and recycling operation or go before the Board of Adjustment for a special exception. Commissioner Disney cautioned that this property is in the Fort Collins Urban Growth Area and more developments are proposed for this area.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and staff recommendation and find that violations did exist and authorize legal action if the violations re-occur before an application for special review is approved.

Motion carried 3 - 0.

The hearing adjourned at 3:25 p.m.

TUESDAY, JUNE 23, 1998

ADMINISTRATIVE MATTERS

(#348)

The Board of County Commissioners met at 9:00 a.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Carol Block, Director of Finance; Terri Bryant, Chief Accountant; Alan Holmberg, Anderson & Whitney, P.C.; Janelle Henderson, Director Natural Resources; K-Lynn Cameron, Open Lands Manager; George Hass, County Attorney; Donna Hart, Commissioners' Office Staff Services Manager; and Deni LaRue, Community Information Manager. Recording Clerk, Sherry Graves.

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

2. APPROVAL OF MINUTES FOR WEEK OF JUNE 15, 1998:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of June 15, 1998, as submitted and amended.

Motion carried 3 - 0.

3. APPROVAL OF SCHEDULE FOR WEEK OF JUNE 29, 1998:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Schedule for the week of June 29, 1998, as submitted and amended.

Motion carried 3 - 0.

4. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following re-appointments to the following Boards and Commissions and the following documents as listed on the Consent Agenda for Document Review for June 23, 1998:

BOARD OF ADJUSTMENT: Mary Ann Martell and George Willford, each for a three-year term effective July 1, 1998 through June 30, 2001; and Deborah Morgan for a four-year term, effective July 1, 1998 through June 30, 2002.

AGRICULTURAL ADVISORY BOARD: Steve Anderson, Larry Lempka, Mary Beth Simon, Ted Swanson and George Wallace, each for a three-year term effective July 1, 1998 through June 30, 2001.

BOARD OF APPEALS: William VanHorn for a three-year term, effective July 1, 1998 through June 30, 2001.

OPEN LANDS ADVISORY BOARD: Wendell Amos, Pete Salg, Linda Stanley, and Nancy Wallace, each for a three-year term effective July 1, 1998 through June 30, 2001.

RURAL LAND USE BOARD: Jeff Hindman, Pete Salg and Harry Sauer, each for a three-year term effective July 1, 1998 through June 30, 2001.

RETIREMENT BOARD: Chuck Woodward for a four-year term effective July 1, 1998 through June 30, 2002.

YOUTH SERVICES BUREAU ADVISORY BOARD: Larry Abrahamson, Arthur Bunn, Bernadette Felix, Jim Gault, and Mark Mettler, each for a three-year term effective July 1, 1998 through June 30, 2001.

COMMUNITY CORRECTIONS ADVISORY BOARD: Tanya Trish for a two-year term effective July 1, 1998 through June 30, 2000.

YOUTH SERVICES BUREAU ADVISORY BOARD: Keith Olson for a three-year term effective July 1, 1998 through June 30, 2001.

MISCELLANEOUS DOCUMENTS: Amended Plat of a portion of the common properties of the Second Amended Plat of Fox Acres Country Club First Filing, Lot 1 and 57, Envelopes "G" & "J" and Second Filing, Envelope "I" and a portion of the Common Properties of Fourth Filing, and Fox Acres Country Club Third Filing; Amended Plat of Lots 1, 12, 26, 57 & 82, Envelopes "G", "H" & "J" of portion of the common properties of Fox Acres Country Club Second Filing, and Third Filing; and Amended Plat for Lot 23, Second Crestview Subdivision and Lot 1, Third Crestview Subdivision. LIQUOR LICENSES: Licenses were issued to: Ptarmigan Club Corporation - 6% - Fort Collins, CO., and HTO, Inc. dba Hilltop Outpose - 3.2% - Red Feather, CO.

A98-95 TERMINATION OF AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND GRIMSHAW & CHARING, P.C.

(Termination of Legal Services)

A98-96 AGREEMENT FOR LEGAL SERVICE BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND SHERMAN & HOWARD, L.L.C.

(Renewal of Agreement for Legal Services)

A98-97 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND DIVISION OF CRIMINAL JUSTICE

(Grant Award for Wrap Around Program (WRAP) Initiative

D98-10 DEED OF DEDICATION BY VERNON AND JANE L. MARION

(Dedication of Property for Public Highway - Project #225)

R98-98g FINDINGS AND RESOLUTION ADOPTING THE 1997 UNIFORM

BUILDING CODE, PLUMBING CODE, MECHANICAL CODE,

CODE FOR ABATEMENT OF DANGEROUS BUILDINGS AND

COLORADO ENERGY CONSERVATION STANDARDS

R98-99s FINDINGS AND RESOLUTION APPROVING THE MASTER PLAN

AND PRELIMINARY PLAT OF FOSSIL CREEK PLANNED UNIT

DEVELOPMENT

R98-100s FINDINGS AND RESOLUTION APPROVING THE EAGLE RANCH

ESTATES II PUD PRELIMINARY PLAT TIME EXTENSION

R98-101s FINDINGS AND RESOLUTION APPROVING THE ALTENBURG

SUBDIVISION

Motion carried 3 - 0.

5. PRESENTATION OF AUDITORS STATEMENT: Ms. Block stated that the purpose of meeting with the Board today is to present the results of the audit and financial statements for the last fiscal year. Mr. Holmberg briefly reviewed the Comprehensive Annual Financial Report for the year ended December 31, 1997; he noted that their study and evaluation of the system of internal accounting control disclosed no condition of material weakness. Mr. Holmberg commented on the management letter, which includes the auditors' suggestions for improvement in various departments of Larimer County, and reviewed the responses from the affected departments; he also reviewed the Schedule of Findings and Questioned Costs and Federal Awards.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the 1997 Financial Statements and Auditors' Report, as presented.

Motion carried 3 - 0.

At this time Commissioner Clarke left the meeting.

6. WORKSESSION:

-- Solid Waste Task Force Absences: Ms. Henderson submitted a memo listing the excused and unexcused absences for eleven of the Solid Waste Task Force meetings they have had since the Bylaws took effect; she noted that the Bylaws state that "Task Force members having three or more unexcused absences in a calendar year, beginning August 28, 1997, may be replaced by the Board of County Commissioners". Ms. Henderson asked for direction from the Board. Commissioner Disney recommended sending a letter to the Task Force members, signed by the Chair, saying that the large number of unexcused absences has come to the Board's attention and request that they inform them whether or not they wish to continue serving on this Task Force; Ms. Henderson will draft a letter for Chair Olson to sign.

-- Request for Signature Authorization: Mr. Gluckman submitted a letter for the Chair to sign to grant signature authorization to Jerry White, County Right of Way Agent, and Greg Pickett, Director of Parks and Open Lands, to sign Production Flexibility Contracts on behalf of Larimer County and requesting that all future Production Flexibility Contracts be directed to Mr. Pickett.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners grant signature authorization to Jerry White, County Right-of-Way Agent, and Greg Pickett, Director of Parks and Open Lands, to sign Production Flexibility Contracts on behalf of Larimer County, and authorize the Chair to sign the letter indicating same.

Motion carried 2 - 0.

-- Proposed Agenda for Legislative Delegation Meeting: Mr. Gluckman submitted a proposed agenda for the Legislative Delegation Meeting, scheduled for July 1, 1998, and asked for the Board's comments; the Board indicated their approval of the agenda.

-- Unofficial Good News: Mr. Gluckman stated that he has received the unofficial good news that Larimer County will receive $25,000 from a Governor's Smart Growth grant application for an economic impact model; he noted that our application ranked second.

-- Annual Video: Ms. LaRue reported that the annual report video tape is back and sounds good and she asked the Board if it can be released; the Board stated that they wish to review at least part of the video before it is released.

7. COMMISSIONERS' REPORTS:

-- Commissioner Disney reported he and Larry Timm, Director of Planning, and Chief Planner Russ Legg had breakfast last week with the Berthoud officials and they are moving ahead with TDU's and starting to construct a new Intergovernmental Agreement.

8. SMITHERMAN CONSERVATION EASEMENT: Ms. Cameron described the Smitherman Conservation Easement, noting that it is a project the Estes Valley Land Trust brought to the Larimer County Open Lands Program; she noted that it is an area of 520 acres in the lower Tahosa Valley and has been identified to preserve some pristine kettle ponds and wetlands. Ms. Cameron stated that the total cost of the project is $520,000 ($1,000 per acre) and the GOCO Wetlands Initiative has ranked it as their #2 project and given $260,000 towards the project. The Estes Valley Land Trust is contributing $130,000 and is asking the Open Lands Program for $130,000 and that is the request before the Board today; Ms. Cameron stated that it will be a partnership between GOCO (Colorado Division of Wildlife Wetlands Initiative Grant), Larimer County and the Estes Valley Land Trust. Ms. Cameron stated that this project is a type they haven't done previously and is a balance in their portfolio of different types of projects because it truly is for the wildlife and is the most intact wetlands on the Front Range of Colorado. Commissioner Disney stated that a more accurate description of the location is that it east of Twin Sisters, south of Pierson Park, and next to the Boulder County line. Ms. Cameron stated that the Open Lands Advisory Board supports the request for $130,000 for the Smitherman Conservation Easement; she noted that the closing is on June 30, 1998 and Mr. Hass has drafted a resolution for the Board to approve outlining the details of the transaction.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the resolution for the expenditure of $130,000 from the Open Lands Fund for the Smitherman Conservation Easement, and authorize the Chair to sign same.

Motion carried 2 - 0.

R98-102g RESOLUTION FOR THE SMITHERMAN CONSERVATION

EASEMENT

At this time, Jeannine Haag, Assistant County Attorney, Larry Timm, Director of Planning, and Jim Reidhead, Director of the Rural Land Use Center, joined George Hass and K-Lynn Cameron for Legal Matters.

9. LEGAL MATTERS

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session at 10:30 a.m. to discuss possible litigation and negotiations.

Motion carried 2 - 0.

The Executive Session ended at 11:40 a.m.; no action taken.

THURSDAY, JUNE 25, 1998

ABATEMENT HEARINGS

(#350)

The Board of County Commissioners met at 1:30 p.m. in order to hear Petitions for Abatement of property taxes for Symbios Logic Inc., and the Community Airpark Association, Inc. Chair Olson presided and Commissioner's Clarke and Disney were present. Also present were: Paula Witman, Assessor's Office Administrative Supervisor; Bonnie Swartz, Senior Appraiser; David Muse, Senior Appraiser; and Shelly Kechter, Senior Appraiser. Recording Clerk, Gael Cookman.

1. SYMBIOS LOGIC, INC., SCHEDULE #887552: Ms. Witman explained that this petition relates to personal property and that the Assessor has recommended partial approval of the abatement which would adjust the 1997 assessed value from $40,209,550 to $35,068,140; she further noted that the petitioner has requested an additional adjustment of $6,097,370 in order to compensate for depreciation on some used equipment that was purchased when Symbios Logic, Inc. acquired the property. Ms. Swartz noted that the Assessor recommended denial of the additional adjustment of $6,097,370 as the equipment had reached salvage value and therefore could no longer be allowed additional depreciation. Brad Smith, Tax Director for Symbios Logic, Inc., noted that indeed, the main issue here was the Assessor disallowing depreciation on the used equipment; he explained that the equipment was purchased at fair market value, not at salvage value, and that depreciation should be allowed. Much discussion followed relating to the historical cost of the equipment, how much the equipment had depreciated when it was purchased, and what methods were used throughout the County in determining depreciation on equipment. Ms. Swartz noted that the Appraiser's use guidelines from the State of Colorado which declare that equipment is considered to be at salvage value when it is worth less than 15% of it's original historic cost; she noted that the equipment in question had definitely surpassed this figure. Ms. Swartz also explained that this is the same depreciation method that is used with all other companies within the County. Commissioner Clarke noted that the Assessor's recommendation seemed to be fair and consistent and recommended partial approval of the petition for abatement.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners accept the Assessor's recommendation of partial approval and adjust the 1997 actual value for Symbios Logic, Inc., schedule number 887552 from $40,209,550 to $35,068,140 and that the remaining requested reduction of $6,097,370 be denied.

Motion carried 3-0.

  1. COMMUNITY AIRPARK ASSOCIATION, INC., PARCEL #87083-00-006: Mr. Muse described the property and the approaches that were used to determine value; he noted that the petitioner is claiming it is agricultural land, however, he has determined that it is unplated vacant commercial property and it has been valued as such. Mr. Muse stated that he has examined the property and it is mostly just weeds with a little grass; he noted that he has repeatedly requested receipts or other proof which might determine that this land is indeed being used for agricultural purposes, but he has yet to receive any documentation or proof of this. Loren Maxey, representative for the Airpark Association, stated that the property was purchased in 1966 and that it has always been appraised as agricultural land; he stated that they do receive remuneration for the farming activity and grazing that takes place on the property, and that there are actually four parcels that the Airpark owns upon which this activity takes place. Mr. Maxey then produced receipts for the farming and grazing. Some discussion also ensued regarding whether or not the property was developable and whether or not it was in the floodplain. Commissioner Disney stated that he was convinced that agricultural activities do take place on this property and recommended that the Board reject the Assessor's recommendation to deny the petition for abatement.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners reject the Assessor's recommendation to deny the Petition of Abatement and adjust the 1997 actual value for the Community Airpark Association, Inc., Parcel number 87083-00-006, from $37,470 to $910.00 and allow an abatement of $3,188.22.

Motion carried 3-0.

Meeting adjourned at 2:55 p.m.

___________________________________________

CHERYL OLSON, CHAIR LARIMER COUNTY

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER,

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

_________________________________________

Sherry E. Graves, Deputy County Clerk

_________________________________________

Gael Cookman, M. Deputy County Clerk