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PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, SEPTEMBER 7, 1998

The Courthouse offices were closed today in observance of Labor Day.

TUESDAY, SEPTEMBER 8, 1998

ADMINISTRATIVE MATTERS

(# 370)

The Board of County Commissioners met at 9:00 a.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Olson presided and Commissioner Clarke was present. Commissioner Disney was out of town on business. Also present were: Jerry Blehm, Director Environmental Health; Rob Helmick, Senior Planner; Doreen Kemp, Human Resources Specialist; Donna Hart, Commissioners Office Staff Services Manager; and Deni LaRue, Community Information Manager. Recording Clerk, Gael Cookman.

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

2. APPROVAL OF MINUTES FOR WEEK OF AUGUST 31, 1998:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Minutes for the week of August 31, 1998 as submitted and revised.

Motion carried 2-0.

3. APPROVAL OF SCHEDULE FOR WEEK OF SEPTEMBER 14, 1998:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Schedule for the week of September 14, 1998 as submitted.

Motion carried 2-0.

4. APPROVAL OF CONSENT AGENDA:

Commissioner Clarke moved that the Board of County Commissioners approve the Consent Agenda, with the addition of the sublease contract concerning the Colorado Home Care project, for the week of September 7, 1998.

PETITION FOR ABATEMENT AND REFUND OF TAXES, as recommended by the County Assessor, were approved for the following: David Weich; Toxey & Betty King; Robert Peterson; Paul & Janice Kuna; Gerald & Barbara Jackson; Transmedia, Inc.; Scott & Malcolm Gigstad; Carol & Yvonne Gertsch; Stephen & Anita Coffin; Jack & Kimberly Burgin; Guiseppe Demarco; Louis & Christine Cobb; Robert & Patricia Norton; Richard & Lea Ann Supe; Gregory & Karen Leaman; Garth Development; James & Elizabeth Crowder; Roger Fithian; Don Colard (Trustee); Bertha West; Dean & Judy Weirsma; James & Theresa Chilton; Paula Megenhardt; Michael & Carmen Mitchell; Keith & Joan Anderson; David Braley and Martha Roden; Karen Hilyard; Michael & Kay Brown; and Value Plastics.

MISCELLANEOUS DOCUMENTS: Amended Plat of Lots 19 & 20 in Block 1 of Carter Lake Valley; Carran MLD; Amended Plat Lots 2 & 3 of Sunrise Acres and Lot 4-A of Replat of Lot 4 Sunrise Acres. LIQUOR LICENSES: County approval for renewal of Liquor Licenses was granted to: Summit Restaurant - 6% - Loveland, CO. Licenses were issued to: Fossil Creek Conoco - 3.2% - Fort Collins, CO.

A98-142 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE LOVELAND RURAL FIRE PROTECTION DISTRICT (To conduct and coordinate elections)

A98-143 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THROUGH LARIMER COUNTY EMPLOYMENT AND TRANING SERVICES AND PROJECT SELF-SUFFICIENCY (Donation of automobiles)

A98-144 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND EDWARD AND SHARON GILLETTE (Bridge replacement on County Road 56)

A98-145 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND GLORIA CRAMER (Bridge replacement on County Road 56)

C98-44 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THROUGH THE LARIMER COUNTY DEPARTMENT OF HUMAN SERVICES AND THE SALVATION ARMY (Purchase services to administer general assistance)

C98-45 SUBLEASE CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COLORADO HOME CARE, INC. (To benefit Larimer County Employment and Training Services)

R98-137d RESOLUTION RELATING TO THE ELECTION FOR LARIMER COUNTY LOCAL IMPROVEMENT DISTRICT NO. 1997-1 (Fort Collins Industrial Park)

R98-138d RESOLUTION RELATING TO THE ELECTION FOR LARIMER COUNTY LOCAL IMPROVEMENT DISTRICT NO. 1997-2 (Longview Drive)

R98-139s RESOLUTION REGARDING THE RELEASE OF COLLATERAL FOR CINDY LANE ESTATES SUBDIVISION

R98-140s RESOLUTION REGARDING THE RELEASE OF RESTRICTION OF SALE OF LOTS 1, 2, AND 3 OF MAITLAND MRD S-73-88

Motion carried 2-0.

5. SITE APPLICATION FOR BOXELDER SANITATION DISTRICT AND SITE APPLICATION FOR JOHNSTOWN: Mr. Helmick noted that Boxelder Sanitation District has requested a site amendment to revise their service area and construct a lift station in order to provide service to two Colorado Department of Transportation rest areas; he noted that originally, Boxelder Sanitation's intent was to provide service only to these two rest areas, but after further review they determined that they would need to encompass a larger area in order to support this lift station. Mr. Helmick noted that this proposal expands the area north to County Road 40 and that this design would support the PLUS Master Plan which strongly encourages public sewer rather than septic systems; therefore, the planning department feels this is a reasonable amended site application and will request Board approval next week. Mr. Blehm agreed that it is a good idea to get public sewer systems in place whenever possible and noted that the Health Department supports this site application as well. Commissioner Clarke noted that this is a key issue in making the PLUS Master Plan work, and that if people decide to cluster their homes, it is the County's responsibility to approve public sewer systems whenever possible.

Mr. Helmick explained that the Town of Johnstown has acquired the interest of the Low Point Sanitation District and is now seeking approval of the site application to construct a wastewater treatment plant which could serve everything east of I-25 south of Highway 34 to Johnson's corner; he noted that there are other entities that are planning to implement a wastewater treatment plant, namely the City of Loveland, and that the Johnstown application crosses both the City of Loveland and the Town of Berthoud boundaries and proper coordination has not been taking place. Both Commissioners agreed that if the County approved this site application it would mean getting involved in land use issues and, as written, it would allow growth management areas to overlap in which the County could not approve.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners disapprove the Johnstown Site Application and notify the applicant by letter with the recommendation that the land use issues be worked out with the neighboring communities.

Motion carried 2-0.

6. WORKSESSION:

- Mr. Gluckman noted that funds were due for the Information Model Allocation and that of the partners involved, four have already made payment.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the allocation of $8,612.00 from the Commissioners special project fund to support the implementation of the Regional Information Model.

Motion carried 2-0.

- Mr. Gluckman explained that there is a committee working on the Work Plans/Strategic Plan and one of their goals is to have as much employee participation as possible in this area and they plan to solicit ideas and suggestions from employees via the County Bulletin Board; he noted that the idea came up of an incentive to award employees who do in fact use the Bulletin Board to communicate their ideas - the incentive would be a paid day off for one lucky employee. The Commissioners agreed that this would be a good incentive to encourage employee participation and supported the idea.

- Mr. Gluckman stated that the Multicultural Commission (MCC) requested the presence of a Commissioner at a Summit that they are hosting on October 1, 1998, in order to answer questions and provide feedback from the County regarding the MCC. Ms. Kemp noted that there has been some contention with regards to the fact that this Summit was scheduled without the recommendation of the liaison group and the liaison wanted to be sure that their CEO's would be prepared on such short notice. Commissioner Clarke stated that he would be happy to attend this Summit and answer any questions on behalf of Larimer County.

- Mr. Gluckman updated the Board on the Facilitator Project explaining that they have eleven proposals for selecting an in-house facilitator to assist in conflict resolution, team building, and strategic planning; he noted he is working in partnership with the City of Fort Collins and Laurel Kubin, Director of the Extension Office, in order to come up with the four best proposals and then begin intensive interviewing on the final four. Commissioners Clarke and Olson asked if this facilitator would work on the Right to Farm issue as conflict resolution was a concern in this project as well. The Commissioners requested that Mr. Gluckman look at the Resolution concerning Right to Farm to see if the facilitator could provide assistance in this area as well.

- Ms. Hart reviewed pending invitations with the Board.

7. COMMISSIONER REPORTS:

- Commissioner Clarke stated that he attended the CCI Tax and Finance meeting and the Counties were able to have impact fees incorporated as one of the goals for Tax and Finance; specifically, they are looking for legislation that will authorize County's to use impact fees as capital for use on open space, parks construction, law enforcement, landfills and medical facilities.

- Chair Olson noted that she attended the CCI conference and gave a brief overview of some of the subjects discussed, which included possible language for amendments to the constitution, and credit card use by government entities.

8. ORDINANCE PROHIBITING THE POSSESSION OF CIGARETTES AND TOBACCO PRODUCTS BY MINORS: Mr. Gluckman explained that this was the first reading of the ordinance prohibiting the possession of cigarettes and tobacco products by minors; he noted that the Board needed to read the title of the ordinance and then it would be posted in a newspaper. Mr. Gluckman stated that they would then hold a public hearing on September 22, 1998, and at that time the Board could officially adopt the ordinance.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the first reading of the Ordinance Prohibiting the Possession of Cigarettes and Tobacco Products, thereby causing it to be published and considered in a public hearing on September 22, 1998.

Under discussion of the motion, Commissioner Clarke noted that the Cities of Fort Collins and Loveland have already passed similar ordinances and this ordinance would provide continuity between the municipalities and the County; he also noted that this ordinance directly relates to the health and safety of the children of Larimer County.

Motion carried 2-0.

At this time, County Attorney George Hass and Assistant County Attorney Jeannine Haag, Human Services Director Ginny Riley, Sheriff Richard Shockley, Risk Manager Kate Tremblay, and Deputy Joe Hemby joined the meeting for Legal Matters.


9. LEGAL MATTERS:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners go into Executive Session at 10:35 a.m. to discuss threatened litigation and negotiating terms of agreement.

Motion carried 2-0.

The Executive Session ended at 11:45 a.m.; no action taken.


_______________________________________

CHERYL OLSON, CHAIR - LARIMER

COUNTY BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

_________________________________________

Gael M. Cookman, Deputy County Clerk



Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.