PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, AUGUST 31, 1998

The Board of County Commissioners did not have any scheduled meetings today.

TUESDAY, SEPTEMBER 1, 1998

ADMINISTRATIVE MATTERS

(#369 @ 200 & #370)

The Board of Count 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: Gael Cookman, Clerk's Office Staff Services Manager; Jerry Blehm, Director Environmental Health; Brice Miller, Chief Building Official; Donna Hart, Staff Services Manager for Commissioners' Office; and Deni LaRue, Community Information Manager. Recording Clerk, Sherry Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: Theresa and Sol Trujillo, owners of Sol's Long Branch Saloon in LaPorte, CO., came to the open session to discuss the renewal of their liquor license subsequent to a number of incident reports during the past year and the devastating fire their establishment incurred. Mr. Trujillo noted that a number of the incident reports have resulted from calls they have personally made to the Sheriff's Office. The Board stated that they need more information about the incident reports and they will contact the Sheriff's Department before deciding whether a show-cause hearing should be held for this establishment.

Deborah Garfield expressed her frustration with the discussion the Board had on July 28, 1998 regarding the demolition of her house at 409 Webb Avenue, subsequent to complaints from the adjacent property owners and actions of the Health and Building Departments. Ms. Garfield stated that she was never contacted about the situation and the Health Department has been corresponding with the mortgage company instead of her and false information was given to the Board and the newspaper about the situation. Chair Olson responded that the main concern regarding the property is a health issue and the Board is concerned about her rights, but also the rights of the adjacent property owners. Mr. Blehm provided the history and background of the situation, noting that in August 1997 the property was posted as not livable; in September of that year, the Health Department visited the site and afterwards the Health and Building departments worked with the owner of record to resolve the situation, and yet by May 1998, nothing had been done and the Board started receiving complaints. Mr. Blehm informed the Board that this matter will be reviewed by the Board of Appeals at 7 p.m. on Tuesday, September 8, 1998. Mr. Miller stated that the Building Department will pay for a hygienist to do an inspection of the house; however, he would like to be reimbursed when the property is sold. Mr. Blehm stated that he thinks it is a good idea to have a professional evaluate the house for safety; Ms. Garfield gave her permission for a hygienist to inspect the property. Commissioner Clarke stated that the real issue is that the building is a health hazard and it needs to be determined if it is a detriment to the health, safety, and property values of the neighbors. Ms. Garfield stated again that she is most upset about the lack of notification and miscommunication regarding this matter. Ms. Garfield asked who the neighbors were that made the complaints and what they said; Mr. Blehm stated that the complaints have been regarding odors, weeds, rodent activity, etc. Mr. Blehm informed Ms. Garfield that he will furnish her with information about the complaints, but cannot supply the names of the complainants.

2. APPROVAL OF MINUTES FOR WEEK OF AUGUST 24, 1998:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of August 24, 1998, as submitted.

Motion carried 3-0.

3. APPROVAL OF SCHEDULE FOR WEEK OF SEPTEMBER 7, 1998:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Schedule for the week of September 7, 1998, as submitted.

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 appointments and re-appointments to Boards and Commissions and the documents as listed on the Consent Agenda for Document Review on September 1, 1998:


CORE SERVICES/PLACEMENT ALTERNATIVES COMMISSION: Stephanie Brown and Kim Innes were appointed and Sallie George, Sara Howard-Davis, Jane Looney, and Sharon Thomas were re-appointed to the Core Services/Placement Alternatives Commission; each for three-years term effective July 1, 1998 through June 30, 2001.

NORTHEAST AREA TRAUMA ADVISORY COUNCIL: Dr. Eric Fuhrman was re-appointed as the Larimer County Representative to the Northeast Area Trauma Advisory Council for a four-year term, effective July 1, 1998 through June 30, 2002.

MISCELLANEOUS DOCUMENTS: Revision to the County TANF Program Policy regarding Eligibility for County Diversion Services; 1998 Welfare to Work Plan; and Havely Farms Minor Land Division Plat. LIQUOR LICENSES: County approval for renewal of Liquor Licenses was granted to: Kwik Korner - 3.2% - Berthoud, CO.; Charco Broiler - 6% - Fort Collins, CO.; and Dunraven Inn - 6% - Estes Park, CO. Licenses were issued to: Castillion's Lounge - 6% - Fort Collins, CO.; Bohemian Cottage Restaurant - 6% - Loveland, CO.; Beaver Inn - 6% - Red Feather, CO.; Larry's Southwest Liquor - 6% - Fort Collins, CO.; and River Forks Stage Stop - 6% - Drake, CO.

C98-42 CONTRACT FOR PROFESSIONAL SERVICES BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND OWEN AYRES &

ASSOCIATES, INC. (Hollywood Irish Project - Engineering Design

PN#98-17

C98-43 RENEWAL CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO FOR THE

USE AND BENEFIT OF THE DEPARTMENT OF PUBLIC HEALTH

AND ENVIRONMENT (Disbursement of the Emergency Medical

Services County Subsidy Funds)

Motion carried 3-0.

5. APPROVAL OF BIG THOMPSON WATERSHED FORUM MEMORANDUM OF UNDERSTANDING: Mr. Blehm requested Board approval of a Memorandum of Understanding and a $1,000 contribution to the Big Thompson Watershed Forum. Mr. Blehm reminded the Board that in 1996 the North Front Range Water Quality Planning Association sponsored an effort to form a watershed group for the purpose of protecting the quality of water in the Big Thompson River; he noted that the By Laws of the Forum allow for two categories of members, general members and financially supporting members. Mr. Blehm stated that only financially supporting members may vote on issues and serve on the Board of Directors and the minimum contribution to become a financially supporting member is $1,000 annually. Much discussion regarding the source of funding for this contribution ensued; Commissioner Clarke suggested that this contribution become a part of the budget in the future and not come out of the Commissioners' Special Projects Fund.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Memorandum of Understanding with the Big Thompson Watershed Forum, and authorize the Chair to sign same, and instruct staff to find the $1,000 required to pay our contribution out of the 1999 budget.

Motion carried 3-0.

A98-141 BIG THOMPSON WATERSHED FORUM MEMORANDUM OF

UNDERSTANDING BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE NORTH FRONT RANGE WATER

QUALITY PLANNING ASSOCIATION

6. WORKSESSION:

-- Invitations: Ms. Hart reviewed the pending invitations with the Board.

-- Introduction of Tom Clayton: Ms. LaRue introduced Tom Clayton to the Board; she noted that he is a Senior at Colorado State University and will be doing a Fall Internship working with both herself and Ms. Hart.

7. COMMISSIONER REPORTS:

-- Commissioner Clarke stated that Boy Scout Troop 30 requested Board approval to waive any landfill fees which may occur as a result of their upcoming community service project; he noted that he informed the Boy Scouts that they need to do a presentation before the Board and request that this be considered as a special project. Commissioner Clarke also noted that Ms. Henderson and the Natural Resources Staff were involved and are taking care of this issue.

-- Commissioner Clarke reported on the CCI Tax and Finance and Land Use and Natural Resources Committee meetings he attended last week; he noted that it appears that the State of Colorado wants to get involved with Transferable Development Rights (TDR's).

-- Commissioner Disney stated he received a letter from Chris Bolton raising questions about the Highway 287 Berthoud Bypass; the Board indicated they would like to discuss this with the Colorado Department of Transportation (CDOT).

-- Commissioner Disney noted that the attorney for the 4-H members who were refused participation in the livestock sale has submitted a letter outlining their side of the story and he asked Bob Holt, Fairgrounds Manager, and the Fair Board to also provide a brief of their side of the situation; he noted he not received a response back from Mr. Holt or the Fair Board. When both responses have been received, Mr. Haas will review them.


-- Chair Olson submitted an updated version of a letter to be sent to Senator Allard expressing the Board's conditional support, contingent upon the support of the cities of Fort Collins, Loveland, Estes Park, and Greeley, for designating Rocky Mountain National Park as a Federal Wilderness Area; after the Board reviewed the draft, they indicated their approval of the letter.

At this time, County Attorney George Haas, Assistant County Attorney Jeannine Haag, Director of Parks Greg Pickett, Director of Natural Resources Janelle Henderson; Director Health & Human Services Kathy Snell, Director Human Resources Ralph Jacobs, Risk Manager Kate Tremblay, Director Public Works Marc Engemoen, and Row-of-Way Agent Jerry White joined the meeting for Legal Matters.

8. LEGAL MATTERS:

Mr. Hass submitted two resolutions for the Board to approve; i.e., a resolution to approve a citizens initiative for Fairgrounds acquisition sales tax and a resolution to approve a County wide .190 mill levy for weed control. Mr. Hass made several revisions to the resolutions.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the resolution to support the Citizens Initiative for Fairgrounds Acquisition Sales Tax, with the revisions as noted, and authorize the Chair to sign same.

Motion carried 3-0.

R98-134g RESOLUTION CALLING ELECTION, CERTIFYING BALLOT

TITLE IN SUPPORT OF THE CITIZENS INITIATIVE FOR

FAIRGROUNDS ACQUISITION SALES TAX (Fairgrounds and

and Events Center)

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve a resolution to support the County wide .190 Mill Levy for Weed Control.

Motion carried 3-0.

R98-135g RESOLUTION TO APPROVE COUNTY WIDE .190 MILL LEVY

FOR WEED CONTROL



M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session at 10:45 a.m. to discuss threatened litigation and a personnel matter.

Motion carried 3-0.

The Executive Session ended at 12 o'clock noon; no action taken.

WEDNESDAY, SEPTEMBER 2, 1998

PUBLIC HEARING REGARDING THE RIGHT TO FARM POLICY

(#371)

The Board of County Commissioners met at 7:00 p.m. for a public hearing to consider adoption of a resolution establishing a Right to Farm and Ranch Policy. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Bob Hamblen, Agriculture/Agronomy Agent for Larimer County and Colorado State University; Richard Seaworth, Chairman "Right to Farm & Ranch" Executive Committee; Donna Hart, Commissioners' Office Staff Services Manager; and Deni LaRue, Community Information Manager. Recording Clerk, Sherry Graves.

Chair Olson stated that the purpose of tonight's public hearing is for the Board of County Commissioners to consider adoption of a resolution establishing a "Right to Farm and Ranch" Policy. Mr. Seaworth introduced the members of the Agriculture Advisory Board in attendance for tonight's hearing: Dale Leach, Co-Chairman of the Ag Advisory Board, George Wallace and Steve Anderson. Chair Olson also recognized Glen Roark, from the Larimer Planning Commission.

Mr. Seaworth provided the background of this "Right to Farm and Ranch" Policy, noting it began two years ago at the first PLUS Symposium when it became obvious that everyone in attendance wanted to keep agriculture alive in Larimer County. Mr. Seaworth continued that at that time, the Commissioners appointed an Ag Task Force and a committee was formed to write this policy and, following two public hearings, numerous E-Mails, letters and comments, this policy evolved.

At this time the public comment portion of the hearing was opened and Chair Olson noted that this hearing is not only being televised, but it is also a call-in show. The following people addressed the Board in support of the policy: Lynn Roark, Jim McDunn, Tom Bender, Ron Ruff, Jim Brinks, Dick DeGriese, George Wallace, and Jackie Worthington. Mr. Roark stated that even though this policy's focus is on informing and educating people to live in harmony with agriculture, he suggested that when mentioning rights, you also have to talk about responsibilities. Jim McDunn stated that he wanted to make sure that the policy is not one-sided, written in stone and too rigid; he noted that if a property owner can show there is a better use for the property, the Board needs to keep an open mind to evaluate the situation. Chair Olson informed Mr. McDunn that this resolution is in support of agriculture as an industry, but it does not prohibit a change from agriculture use for the land. Commissioner Disney stated that this policy will protect an agriculture operation that is next to property being developed; i.e., it will inform the people that buy homesites that there is an agriculture operation next door and Larimer County will not do anything to cause that operation to cease to exist, but this policy does not take away the rights to develop their property. Mr. Bender stated that the Larimer County Farm Bureau and Colorado Farm Bureau have worked diligently to enact State legislation supporting the right to farm to enable each County to adopt a policy supporting agriculture. Mr. Bender thanked the Ag Advisory Board for this policy, noting that it encourages proper stewardship and the management of lands. Mr. Ruff asked for clarification of a statement in the policy that people need to be aware that children and adults are exposed to different hazards in the country than in an urban or suburban setting, especially territorial farm dogs, livestock, etc.; Mr. Seaworth responded that the statement is in there to educate the people of the dangers in the country before they move into the area. Mr. Brinks stated that the Ag Advisory Committee has done a great job. Mr. DeGriese stated that he thinks there should be more teeth in the policy so farmers can defend themselves against lawsuits. Mr. Wallace stated that originally there was a section in the policy about a dispute resolution process, but it was omitted because they thought it might complicate it; however, they hope in the next year or two to come up with a process where two parties could set down with a non-binding facilitator and work out their problems and avoid a legal battle. Commissioner Clarke pointed out that the resolution as presented states that …The Board of County Commissioners shall establish a dispute resolution procedure with mediators to informally resolve conflicts… and he asked for clarification; it was noted that the resolution calls for the Commissioners to establish a dispute resolution process in the future. Mr. Seaworth added that the resolution also states the if conflicts do arise, at least one mediator must be directly involved in agriculture or serve in an advisory role to a trained mediator. Ms. Worthington asked if this policy is going to be given to everyone moving into the County; Mr. Seaworth stated that it is definitely their intent to do so, and they hope to work with the realtors to accomplish this.

Chair Olson noted for the record that a letter was received from Ronald D. Klein of Berthoud indicating his support of this resolution and adoption of the "Right to Farm and Ranch Policy".

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the resolution establishing a "Right to Farm and Ranch" Policy, with revisions as noted, and authorize the Chair to sign same.

Motion carried 3-0.

R98-136g RESOLUTION ESTABLISHING A "RIGHT TO FARM AND

RANCH" POLICY

The Board thanked the Agriculture Advisory Board for all their hard work and efforts on writing the "Right to Farm and Ranch Policy"

The hearing adjourned at 8:00 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