PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, October 25, 1999

LAND-USE PLANNING MEETING

(#546)

The Board of County Commissioners met at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Commissioner Disney was present and Chair Olson presided by telephone conference call. Also present was Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

Chair Olson noted that a request has been received to table the two items listed on today's agenda until 3 p.m. on November 1, 1999.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners table the Fletcher Minor Residential Development and Rezoning (#99-S1363) and the Indian Creek Meadows Rural Land Plan Amendment (#99-RLA0001) until 3 p.m. on November 1, 1999, as requested.

Motion carried 2 - 0.

The hearing adjourned at 3:05 p.m.

TUESDAY, OCTOBER 26, 1999

ADMINISTRATIVE MATTERS

(#546 & 100)

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 Disney was present. Also present were: Sylvester Mabry, Civil Engineer; Janelle Henderson, Director Natural Resources; Carol Block, Finance Director; Randy Ratliff, Director Mental Health; Donna Hart, Commissioners' Office Administrative Manager; and Deni LaRue, Community Information Manager. Recording Clerk, Sherry Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: Mr. Wade Ellis, questioned the Board about the $1,900 transportation fee that has been put on building permits for road improvements; he noted he has 40 acres beyond CR 15 and 84 on which he plans to place a modular home, and the road beyond the intersection of CR 15 & 84 is not County maintained and he wondered if this fee could be reduced. Chair Olson explained that the fee is not for maintenance, it is for impacts on all road systems in the County and not specifically for any one road; she noted that it is a fee averaged out for all citizens. Mr. Ellis asked why someone should be penalized for building versus someone moving to an already built house? Commissioner Disney explained that the transportation fee is directly related to the cost of the increase in capacity on the County road system for every new structure. Mr. Ellis stated that the fee is very hard to swallow and a sliding scale would be more fair.

2. APPROVAL OF MINUTES FOR WEEK OF OCTOBER 18, 1999:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of October 18, 1999, as submitted.

Motion carried 2 - 0.

3. APPROVAL OF SCHEDULE FOR WEEK OF NOVEMBER 1, 1999:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Schedule for the week of November 1, 1999, as submitted and revised.

Motion carried 2 - 0.

-- There were no invitations for the Board to review this week.

4. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following action items and documents as listed on the Consent Agenda for Document Review on October 26, 1999:

ACTION ITEM: Extension of terms for the following Fair Board members: Judy Barth, Loren Maxey, Randal Stephens, and Everett VanCampen, and waiver of term limit for Phil Hein, all effective December 1, 1999 and ending May 31, 2000.

PETITIONS OF ABATEMENT AND REFUND OF TAXES, as recommended by the County Assessor, were approved for the following: River Ridge Development Company of Windsor, CO.; Glen Properties, Inc., Woodward Governor; Arthur Mauldin; James & Leila Dunham; and Oilcom Corporation (3 Petitions) and Form Fitness.

MISCELLANEOUS DOCUMENT: Amended Plat for Lot 1 and Lot 15, Block 5 at Letitia Lakes. LIQUOR LICENSES: County approval for renewal of liquor license was granted to Fargo County Roadhouse - 6% - Fort Collins, CO. A license was issued to Kwik Korner - 3.2% - Berthoud, CO.

A99-186 DISABLED RESOURCE SERVICES AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS THROUGH THE

LARIMER COUNTY WORKFORCE CENTER AND DISABLED

RESOURCE SERVICES (Funding for Client Services)

A99-187 INTERAGENCY AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND THE U. S. TREASURY

DEPARTMENT (Contract for Employee Assistance Program for 2000)

A99-188 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND LYNN AND JO ANN DEMARANVILLE

(To resolve a zoning violation dispute)

Motion carried 2 - 0.

5. RESOLUTION TO SUPPORT A BALLOT INITIATIVE: Chair Olson noted that she met with each of the elected officials, representing herself and fellow Commissioners, to discuss the ramifications of the two budgets, depending on the outcome of the election in November of the ballot initiative to De-Bruce the County; she noted that as an outgrowth of those conversations, the elected officials decided to formalize their support of the ballot proposal in the form of a resolution to encourage the voters of Larimer County to approve this ballot proposal as they believe passage is necessary to maintain an adequate level of county services to the citizens of Larimer County. It was noted that the County Assessor did not sign the resolution, but sent a memo explaining that his decision was based on the nature of his office and publicly and officially supporting or opposing the ballot measure would appear to be a compromise of the independence of his office.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the resolution in support of the ballot initiative authorizing the retention, expenditure and collection of revenue in excess of the limitations set by Section 20 of Article X of the Colorado Constitution (Tabor Amendment) and Article 1, Title 29 of the Colorado Revised Statutes, commonly known as De-Brucing.

Motion carried 2 - 0.

R99-152g RESOLUTION IN SUPPORT OF THE BALLOT INITIATIVE

AUTHORIZING THE RETENTION, EXPENDITURE AND

COLLECTION OF REVENUE IN EXCESS OF THE LIMITTIONS

SET BY SECTION 20 OF ARTICLE X OF THE COLORADO

CONSTITUTION (TABOR AMENDMENT) AND ARTICLE 1,

TITLE 29 OF THE COLORADO REVISED STATUTES

6. VOLUME DISCOUNT FOR LANDFILL CUSTOMERS: Ms. Henderson informed the Board that she had a request from Gallegos Sanitation to implement a volume discount for customers disposing of large volumes of trash; she asked the Commissioners if they would like to approve a 3 percent discount on a customer's total monthly bill each month that the customer delivers more than 10,0000 cubic yards of trash to the landfill, beginning with the October 1999 billing period. She noted that the maximum annual loss in revenue to the landfill for this discount would be approximately $50,000 and this amount could be covered with no additional cost in tipping fees. Ms. Henderson stated that the County Attorney informed her that this issue can be considered at Administrative Matters and does not require a separate public hearing; she noted also that both Loveland and Fort Collins have been advised of this proposal and registered no objections. It was noted for the record that an individual called in to voice their objection to this proposal and thought it should go through the public process. After discussion, the Board decided to take this matter under advisement for two weeks.

7. POLICY ON INTEREST ON COUNTY FUNDS: Ms. Block informed the Board that the County has many different accounting funds, but each fund does not invest its money separately, all the monies are pooled and invested by the Treasurer; she noted that since the County does not have a written policy regarding how interest income is distributed, this has resulted in some inconsistencies and confusion and it was time to draft a policy. A draft financial policy and procedure was written and circulated to the department and division heads, and they suggested a few options for the Board to consider. Ms. Block reviewed the three options suggested as exceptions to the policy; after discussion, the Board decided they need to wait until after the November election before making their decision regarding these exceptions to policy.

8. REQUEST FOR WAIVER OF POLICY: Mr. Ratliff requested Board approval of a waiver of policy to enable the County to pay the Mental Health Center employees for the New Years holiday; he noted that funding for this request would be derived from Larimer County Mental Health Center resources which have been budgeted for 1999. Mr. Ratliff noted that the upcoming New Years holiday is on a Saturday and County policy requires that a holiday falling on a Saturday will be observed on the Friday immediately prior to the holiday. Mr. Ratliff explained the reason for the request is that the Center employees will be in a paid status with the County on the day before the New Years holiday, but will not be County employees on the day after the holiday; he noted that the holiday is observed before the termination of the Center employees occurs.

 

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve a waiver of policy to enable the County to pay the Mental Health Center employees for the New Years holiday, with funds to be derived from the Center's 1999 budgeted resources.

Motion carried 2 - 0.

9. WORKSESSION:

-- Mr. Gluckman provided an update for the Board on the facilitator project; he reviewed the background of this project, noting that 18 months ago he was asked by the Board to consider forming a facilitator group because we had a number of neighborhoods with issues; subsequently, it was decided that the facilitator group would not just deal with community issues, but with internal organization issues as well and in addition to mediation, they would assist in setting goals and team building. Mr. Gluckman continued that twelve facilitators from the County were selected from a volunteer application process and went through a 48-hour training session. Chair Olson stated that for the dollars the County has invested in this facilitator project, the County has benefited in ways they never perceived.

-- Mr. Gluckman provided an update on the economic information model; he noted they had a meeting with the CSU professors management group and they have just about received all the data. He noted that they are having a difficult time getting data from Weld County. Mr. Gluckman stated that the managers group will have their first pilot simulation in January, and then based on the feedback from that, they will show the full-blown simulation at the next elected officials regional meeting.

-- Mr. Gluckman stated he met with Joe Hendrix from the Poudre School
District and they discussed different scenarios, such as, how they could better coordinate school districts programs they have with programs in Health and Human Services, youth programs, family preservation, etc.; he noted they have discussed this before but now taking it very seriously and have a subcommittee at Poudre R-1 working on this.

-- Mr. Gluckman reported that the first Legislative Review meeting will be held on November 10, 1999 and CCI staff has been invited.

10. COMMISSIONER REPORTS:

-- Commissioner Disney stated he wants an update on the restaurant inspection program because he met with a couple of folks yesterday and heard some more horror stories; he noted he would like to visit with the Health Department folks about this again. Mr. Gluckman stated that after the last meeting with the Board, he and Mr. Lancaster spent two hours with Ed Schemm from Environmental Health discussing what can be done and sharing ideas, and Mr. Schemm stated that his department wants to be user friendly. Following that discussion, Mr. Schemm and his team met with Doreen Kemp from Human Resources regarding putting together a questionnaire and they are also working with experts from Colorado State University. Chair Olson asked about bringing in a representative from the restaurant industry and they need to get all these folks together and have a symposium to resolve this problem.

-- Chair Olson asked about a letter from Kaufman & Sons and what to do as they have an application before the Planning Commission and want to be on the schedule before December. Discussion followed regarding the possibility of having more Planning Commission meetings; Commissioner Disney suggested possibly talking to someone who is scheduled in November and might wish to trade for a time in December. Chair Olson will discuss this matter with Mr. Helmick.

At this time, County Attorney George Hass joined the meeting for Legal Matters.

11. LEGAL MATTERS:

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 contract negotiations and pending litigation.

Motion carried 2 - 0.

The Executive Session ended at 11:30 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:

 

________________________________

Sherry E. Graves, Deputy County Clerk