PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, MARCH 29, 1999

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

TUESDAY, MARCH 30, 1999

ADMINISTRATIVE MATTERS

(#464)

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 Disney and Rennels were present. Also present were: Carol Block, Finance Director; Terry Bryant, Chief Operations Accountant; Starr Quam, Senior Accountant; Georgeanne Rutledge, Accountant II; Jean Fastenau, Accountant I; Ann Lujan, Sales Tax Administrator; Glen Rathgeber, Deputy Director Human Services; Ralph Jacobs, Director Human Resources; Avie Strand, Director Community Health Services; Donna Hart, Commissioners' Administrative Manager; and Deni LaRue, Community Information Manager. Recording Clerk, Sherry Graves.

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

2. APPROVAL OF MINUTES FOR THE WEEK OF MARCH 22, 1999:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of March 22, 1999, as submitted.

Motion carried 3-0.





3. APPROVAL OF SCHEDULE FOR WEEK OF APRIL 5, 1999:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Schedule for the week of April 5, 1999, as submitted.

Motion carried 3-0.

Mr. Gluckman noted that a Statement of Support for a grant application was received this morning from the Forest Service requesting that it be added to the Consent Agenda for Board approval and the Chair's signature.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners add a Statement of Support to the Consent Agenda for a grant application from the State Historical Fund - Colorado Historical Society for the Arrowhead Lodge Project, as requested.

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 documents and petitions for abatement as listed on the Consent Agenda on Document Review for March 30, 1999, as amended:

PETITIONS FOR ABATEMENT FOR REFUND OF TAXES, as recommended by the County Assessor, were approved for the following: Wayne and Lucille Holmes; Robert T. Parker, Jr.; Robert & Gretchen M. Curtis; and William A. Mayer.

MISCELLANEOUS DOCUMENTS: Final Plan for the Morning Star Farm Rural Plan; Proclamation for International Year of Older Persons; Amended Plat for Crystal Lakes 8th, Lots 80-82; Final Plat for South 13 Subdivision, Lots 13, 14, 15 and 16; Amended Plat for Crystal Lakes 8th, Lots 68 & 69; Amended Plat for Glacier View Meadows, Lots 19 & 20; Application for State Special Bridge Funds and Federal Funds; 1999-2000 Community Services Block Grant Plan; and the Statement of Support for the Arrowhead Lodge Project to the State Historical Fund - Colorado Historical Society.

LIQUOR LICENSES: County approval for renewal of liquor license was granted to South Taft Liquors, Inc. - 6% - Fort Collins, CO., and a request for a duplicate license for Nightingales, Inc. - 6% - Fort Collins, CO.

A99-50 DEVELOPMENT AGREEMENT RELATING TO DEVELOPER'S

OBLIGATION IN THE MORNING STAR FARM RURAL LAND PLAN

BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND

CHARLOTTE M. AND TED R. YELEK

A99-51 QUALITY CONTROL TESTING & ENGINEERING SERVICES

AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND KUMAR & ASSOCIATES

A99-52 AGREEMENT CONCERNING ROAD IMPROVEMENTS ON COUNTY

ROAD 74E BETWEEN THE BOARD OF COUNTY COMMISSIONERS

AND HAROLD L. BOWLBY (Right-of-Way - Project #162)

A99-53 AGREEMENT CONCERNING ROAD IMPROVEMENTS ON COUNTY

ROAD 74E BETWEEN THE BOARD OF COUNTY COMMISSIONERS

AND MARY & WILLIAM H. WATKINS (Right-of-Way - Project #162)

A99-54 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND ROD AULT DBA ROD'S ROADS

(Renew Road Work Agreement for Carriage Hills GID #4)

A99-55 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND ROD AULT DBA ROD'S ROADS

(Renew Road Work Agreement for Little Valley GID #14)

A99-56 WARRANTY COLLATERAL AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND MARC NEWMAN

(Newman Subdivision)

A99-57 GRANT OF EASEMENT AGREEMENT BETWEEN THE BOARD

OF COUNTY COMMISSIONERS AND THE CITY OF FORT

COLLINS (West Vine Drainage Easement)

A99-58 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND CAMAS COLORADO, INC.

(Construction Contract re: Longview Drive LID - Project #8481)

A99-59 RESOLUTION REGARDING RELEASE OF COLLATERAL FOR

NEWMAN SUBDIVISION

Motion carried 3-0.

5. GOVERNMENT FINANCE OFFICERS ASSOCIATION AWARD: The Board presented the Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officers Association of the United States and Canada to Ms. Block and staff of the Larimer County Finance Department. It was noted that the Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting and this is the 15th consecutive year that Larimer County has received this award. Ms. Block informed the Board that the financial statements are now on the Internet.

6. WAIVER OF POLICY REGARDING ACCEPTANCE OF A LOWER GRADE POSITION: Mr. Rathgeber requested approval from the Board to waive the policy that requires an employee to move down step for step when taking a lower grade position; he noted that Amanda Hanson has transferred from a Microfilmer II position (grade 136 step 5) within the Department of Human Services to a Child Care Technician I position (grade 135 step 5). Mr. Rathgeber stated that based on Ms. Hanson's knowledge and experience, it is a benefit for everyone to have her in this position, at grade 135, setp 6, with no reduction in salary.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the request to waive the policy which requires an employee to move down step for step when transferring to a lower grade position to allow Ms. Hansen to transfer from a Microfilmer II position, grade 136 step 6, to a Child Care Technician I, grade 135 step 5, with no reduction in salary.

Motion carried 3-0.

7. MENTAL HEALTH PHYSICIAN FEE INCREASE: Mr. Gluckman stated that the Mental Health Center is requesting approval from the Board to increase the standard fee charged for physician (Psychiatrists) time with clients from $108 per hour to $135 per hour; he noted that the proposed rate is recognized by Medicare as an allowable amount and the additional dollars will decrease their budget deficit by $2,000 to $4,000 annually.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the request to increase the standard fee for physician (Psychiatrists) time with clients from $108 per hour to $135 per hour at the Mental Health Center, as requested.

Motion carried 3-0.

8. APPOINTMENTS TO THE LAPORTE AREA PLANNING ADVISORY COMMITTEE: Mr. Gluckman noted that the Board has been requested to approve the following appointments to the LaPorte Area Advisory Committee:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the appointments of Doug Smith and James Chickles to the LaPorte Area Advisory Committee, each for a three-year term effective March 30, 1999 through June 30, 2002.

Motion carried 3-0.

9. WAIVER OF POLICY REGARDING POSTING AND HIRING PROCEDURE FOR POSITION IN THE DEPARTMENT OF HEALTH AND ENVIRONMENT: Ms. Strand requested Board approval to waive County policy regarding the advertising, posting and hiring procedure in order to hire Sylvia Gonzales, the existing bilingual CWEP employee, into a newly grant funded temporary position. Ms. Strand stated that grant funds have been received from the Denver Advisory Council of Newborn Hope, Inc. to hire a Program Worker I through December 1999 to assist Spanish speaking only migrant, seasonal, agricultural, and pregnant women transitioning into employment to access and utilize prenatal care and health department prenatal services.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve a waiver of County policy to allow the hiring of Sylvia Gonzales, an existing Colorado Work Employment Program (CWEP) employee, into a grant funded temporary position within the Maternity Program of the Health Department, beginning April 1, 1999 through December 31, 1999.

Motion carried 3-0.

10. WORKSESSION:

-- Mr. Gluckman reported on a meeting he attended with the local legislators last Monday and they discussed potential legislation for 2000: 1) To permit Counties to accept credit cards for all County services; 2) To permit Counties to implement impact fees; 3) To work with newspapers regarding the publishing of employee salaries. Mr. Gluckman stated that he thinks the local legislators will help sponsor this legislation and he asked for the Board's permission to proceed. CONSENSUS OF THE BOARD was for Mr. Gluckman to continue working with the local legislators on this legislation.

-- Mr. Gluckman provided an update on House Bill 1316 regarding concealed weapons; he noted there were several amendments on the floor which offered local restrictions, but none were accepted. Much discussion followed; the Board will prepare a letter taking a stance against the concealed weapons Bill.


M O T I O N

Commissioner Disney moved that the Board of County Commissioners go on record in opposition to House Bill 1316 in its present form.

Motion carried 3-0.

-- Mr. Gluckman stated that he and Ms. LaRue met with representatives from the U. S. Forest Service to let them know about our process of working with local legislators and they are interested in doing the same; he noted that CCI also has some type of training on working with local legislators.

-- Mr. Gluckman stated he has been working with the new Legislative Affairs person with the City of Fort Collins providing her with some training.

-- Mr. Gluckman submitted a draft agenda for the meeting on April 14, 1999 with the Estes Park Board of Trustees and the Board of County Commissioners and asked if the Board had comments or additions for the agenda; much discussion ensued regarding the Estes Valley Board of Adjustment discussion item.

-- Mr. Gluckman stated that he and Commissioner Rennels meet with the Legislative Review Committee tomorrow and he wondered if the Board received any clarification at the meeting they attended last Friday regarding the Credit Card Bill regarding the portion of revenue to be derived from Motor Vehicle.

11. COMMISSIONER REPORTS:

-- Commissioner Rennels stated that she has had inquiries about the Bill the Governor signed about the relocation of prairie dogs; she noted that the ditch companies have major concerns.

At this time, County Attorney George Hass joined the meeting for legal matters.

12. LEGAL MATTERS:

M O T I O N

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

Motion carried 3-0.

The Executive Session ended at 10:20 a.m. and the following action was taken.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners authorize the County Attorney to commence eminent domain proceedings against Jaysix, LLC regarding road improvements for CR 74E.

Motion carried 3-0.

At this time, Assistant County Attorney Jeannine Haag, Marc Engemoen, Director of Public Works, and Rob Helmick, Senior Planner joined Legal Matters.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners go into Executive Session at 10:25 a.m. to seek confidential legal advice.

Motion carried 3-0.

The Executive Session ended at 10:30 a.m.; no action taken.

Mr. Engemoen provided an update on Cathy's Pond, a 7-lot subdivision off County Road 4, west of Berthoud; he noted that a conflict has arisen between the developer and the property owners because the road was not constructed in accordance with the design that was submitted and approved by the County. Mr. Engemoen stated that he visited the site and did a quick estimate of what it would cost to at least get the road into a reasonable condition to turn it over to the property owners for maintenance; he noted the estimate was for $8,400 with an additional $1,500 to acquire the right-of-way to put the road in a publicly dedicated right-of-way. Mr. Engemoen requested direction from the Board; Ms. Haag stated that this matter should be discussed in an Executive Session.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners to into Executive Session at 10:35 a.m. to discuss possible litigation.

Motion carried 3-0.

The Executive Session ended at 11:00 a.m.; no action taken.

At this time, County Manager Frank Lancaster joined the meeting for Legal Matters.




M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session at 11:10 a.m. for discussion of legal and security matters.

Motion carried 3-0.

The Executive Session ended at 11:25 a.m.; no action taken.


___________________________________________

CHERYL OLSON, CHAIR LARIMERCOUNTY

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

S E A L:

ATTEST:

___________________________________

Sherry E. Graves, Deputy County Clerk