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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, August 29, 2005

 

There were no meetings held on this day.

 

TUESDAY, AUGUST 30, 2005

 

ADMINISTRATIVE MATTERS

(#91 & 92)

 

The Board of County Commissioners met at 9:30 a.m. with Assistant County Manager Neil Gluckman.  Chair Rennels presided and Commissioners Gibson and Wagner were present.  Also present were:  Frank Lancaster, Donna Hart, and Deni LaRue, Commissioners’ Office; Pam Howard, Lisa Merlino, Brownie McGraw, and Avie Strand, Nurse Family Partnership Associates; Kim Salinas, Ernest Giron, and Alicia Martinez, Latino Issues Task Force Members; Marc Engemoen, Public Works Director; Wynette Cerciello, and Pam Stultz, Human Resources Department; Lori Smith, Parks & Open Lands Department; Major Gary Darling, and Major Justin Smith, Sheriff's Department; Gary Buffington, and K-Lynn Cameron, Parks & Open Lands Department; Jerry White, Engineering Department; George Hass and Jeannine Haag, County Attorney's Office; and Gael Cookman, Deputy Clerk.

 

1.  PUBLIC COMMENT:   There was no public comment.

 

2.   APPROVAL OF THE MINUTES FOR THE WEEKS OF AUGUST 8, 15, AND 22, 2005:

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the minutes for the week of August 8, 2005, as presented.

 

Motion carried 3-0. 

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of August 15, 2005, as presented.

Motion carried 3-0. 

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the minutes for the week of August 22, 2005, as presented.

 

Motion carried 3-0. 

 

3.  REVIEW THE SCHEDULE FOR THE WEEK OF SEPTEMBER 5, 2005:  Ms. Hart reviewed the upcoming schedules with the Board.

 

4.  CONSENT AGENDA:

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for August 30, 2005:

 

08302005A001           WARRANTY MEMORANDUM FOR FARM AT BLUE MOUNTAIN MEADOW CONSERVATION DEVELOPMENT (00-S1538) BETWEEN THE BOARD OF COUNTY COMMISSIONERS, CENTENNIAL BANK OF THE WEST AND BLUE MOUNTAIN HOLDINGS, LLC

 

08302005A002           DEVELOPMENT AGREEMENT AND RESIDUAL LAND USE RESTRICTIONS FOR CANYON RANCH ESTATES BETWEEN THE BOARD OF COUNTY COMMISSIONERS, FRANCIS A. HECKENDORF, JR. AND HECKLAND INC., AND CANYON RANCH ESTATES PROPERTY OWNERS ASSOCIATION

 

08302005A003           WARRANTY MEMORANDUM FOR RIDGEVIEW NORTH SUBDIVISION (03-S2225) BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND TRIECE CORPORATION

 

08302005A004           ROCKY MOUNTAIN BUILDING (315 WEST OAK STREET, SUITE 600) LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND JOHNSON INVESTMENT, INC.

 

08302005A005           GRANT OF EASEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE HOUSING AUTHORITY OF THE CITY OF LOVELAND

 

08302005A006           PROJECT SELF-SUFFICIENCY BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THROUGH THE LARIMER COUNTY WORKFORCE CENTER, AND PROJECT SELF-SUFFICIENCY

 

08302005A007           AGREEMENT CONCERNING ELECTION SERVICES BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE LARIMER COUNTY CLERK AND RECORDER, AND PARK R-3 SCHOOL DISTRICT           

 

08302005A008           AGREEMENT CONCERNING ELECTION SERVICES BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE LARIMER COUNTY CLERK AND RECORDER, AND THOMPSON RIVERS PARK AND RECREATION DISTRICT

 

08302005A009           AGREEMENT CONCERNING ELECTION SERVICES BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE LARIMER COUNTY CLERK AND RECORDER, AND THE CITY OF LOVELAND 

 

08302005A010           AGREEMENT CONCERNING ELECTION SERVICES BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE LARIMER COUNTY CLERK AND RECORDER, AND THE ESTES PARK MEDICAL CENTER

 

08302005A011           AGREEMENT CONCERNING ELECTION SERVICES BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE LARIMER COUNTY CLERK AND RECORDER, AND THE CITY OF FORT COLLINS

 

08302005A012           AGREEMENT CONCERNING ELECTION SERVICES BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE LARIMER COUNTY CLERK AND RECORDER, AND AIMS COMMUNITY COLLEGE

 

08302005A013           AGREEMENT CONCERNING ELECTION SERVICES BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE LARIMER COUNTY CLERK AND RECORDER, AND ST. VRAIN RE-1J SCHOOL

 

08302005A014           AGREEMENT CONCERNING ELECTION SERVICES BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE LARIMER COUNTY CLERK AND RECORDER, AND THOMPSON R-2J SCHOOL

 

08302005A015           AGREEMENT CONCERNING ELECTION SERVICES BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE LARIMER COUNTY CLERK AND RECORDER, AND THE ESTES VALLEY RECREATION AND PARK DISTRICT

 

08302005A016           AGREEMENT CONCERNING ELECTION SERVICES BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE LARIMER COUNTY CLERK AND RECORDER, AND POUDRE R-1 SCHOOL DISTRICT

 

08302005A017           AGREEMENT CONCERNING ELECTION SERVICES BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE LARIMER COUNTY CLERK AND RECORDER, AND THE TOWN OF WINDSOR

 

08302005A018           AGREEMENT CONCERNING ELECTION SERVICES BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE LARIMER COUNTY CLERK AND RECORDER, AND THE WELD RE-5J SCHOOL DISTRICT

 

08302005R001           SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION OF WHITE BUFFALO QUARRY

 

08302005R002           FINDINGS AND RESOLUTION APPROVING THE LARSON APPEAL REHEARING

 

08302005R003           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT FOR GLEN HAVEN SUBDIVISION

 

08302005R004           FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF A PORTION OF BUBBLING BROOK COURT IN POUDRE OVERLOOK PLANNED UNIT DEVELOPMENT

 

08302005R005           FINDINGS AND RESOLUTION APPROVING THE SOARING PEAKS RANCH CONSERVATION DEVELOPMENT PRELIMINARY PLAT AND APPEAL TO ACCESS CONTROL STANDARDS

 

08302005R006           FINDINGS AND RESOLUTION APPROVING THE KENDALL CANYON MINOR SUBDIVISION

 

08302005R007           FINDINGS AND RESOLUTION APPROVING THE VACATION OF A PORTION OF A UTILITY EASEMENT IN LOT 1 OF MEADOWDALE HILLS 2ND FILING SUBDIVISION

 

08302005R008           FINDINGS AND RESOLUTION APPROVING THE HEARTS AND HORSES APPEAL

 

08302005R009           FINDINGS AND RESOLUTION APPROVING THE LINDA WILD MINOR LAND DIVISION

 

08302005R010           RESOLUTION CALLING AN ELECTION REGARDING LARIMER COUNTY ESTES PARK ESTATES PUBLIC IMPROVEMENT DISTRICT NUMBER 25

 

08302005R011           RESOLUTION CALLING AN ELECTION REGARDING LARIMER COUNTY EAGLE ROCK RANCHES PUBLIC IMPROVEMENT DISTRICT NUMBER 23

 

08302005R012           RESOLUTION CALLING AN ELECTION REGARDING LARIMER COUNTY FOOTHILLS SHADOW PUBLIC IMPROVEMENT DISTRICT NUMBER 31

 

08302005R013           RESOLUTION CALLING AN ELECTION REGARDING LARIMER COUNTY EAGLE RANCH ESTATES PUBLIC IMPROVEMENT DISTRICT NUMBER 26

 

08302005R014           RESOLUTION FOR STATUTORY VESTED RIGHTS FOR CANYON RANCH ESTATES RURAL LAND PLAN

 

08302005R015           RESOLUTION RELEASING LOT SALE PROHIBITION ON LOTS 53-62 OF THE HILL TWO CONSERVATION DEVELOPMENT

 

08302005R016           RESOLUTION TO ESTABLISH POLLING PLACES/VOTE CENTERS, EARLY VOTING HOURS, AND ELECTION JUDGE COMPENSATION

 

MISCELLANEOUS DOCUMENTS:  Linda Wild Minor Land Division Plat; Final Plat for Canyon Ranch Estates R.L.U.P. (#04-S2298); Chafee Foster Care Independence Annual Program Plan 2005-2006; Appointment of David Cadell to the Estes Valley Planning Commission.

 

LIQUOR LICENSES:  The following licenses were both approved and issued:  Vern's Liquor - Retail Liquor Store - Laporte; Castillon's Mexican Restaurant - Hotel and Restaurant - Fort Collins.  The following license was issued:  Loveland Elks Lodge - 6% Special Events Permit - Loveland.

 

Motion carried 3-0.

 

5.  NURSE FAMILY PARTNERSHIP PRESENTATION:   Ms. Howard displayed a slide show presentation which outlined the purpose and key components of the Nurse Family Partnership program.  Ms. Howard stated that the program serves low-income, first-time parents, and that the nurses pay weekly or bi-weekly visits to the families from pregnancy through age two of the child.   Ms. Howard explained that the Pregnancy Risk Assessment Monitoring System (PRAMS) is a tool used to help identify maternal behaviors that have a negative affect on the health of newborns in Larimer County.  Ms. Howard explained the program goals as follows:  1) To improve health during pregnancy; 2) To promote healthy child development; 3) To promote positive parental life course.   Some discussion ensued regarding the number of families served in Larimer County and how the program is funded.   Ms. Strand explained that the funding comes from the State and Medicaid, and that the nurses serve 200 families per year.   

 

6.   COHEN CONSERVATION EASEMENT IN THE ESTES VALLEY/LETTER OF SUPPORT:  Ms. Cameron explained that the Cohen Conservation Easement would be a partnership between Larimer County, the Estes Valley Land Trust, the landowner Rob Cohen, Boulder Open Space, The Conservation Fund, and potentially Great Outdoors Colorado (GOCO).  Ms. Cameron distributed photos of the property, noting that it is 130-acres and is surrounded on three sides by Rocky Mountain National Park.  Mr. Wendell Amos, speaking on behalf of the Estes Valley Land Trust, stated that securing this piece of property as a conservation easement is a high priority for the Estes Valley Land Trust, and they have been working with Mr. Cohen for approximately 10 years to reach an agreement on this easement proposal.  Ms. Cameron stated that there will be two home sites allowed in conjunction with the proposal.  Ms. Cameron stated that the total cost of the project is $500,000; with the Estes Valley Land Trust contributing $200,000, Great Outdoors Colorado contributing $200,000 (if they agree to support the project), Boulder County Parks and Open Space contributing $25,000, and Larimer County contributing $75,000.   Some discussion ensued regarding the home sites and where they will be located.   Ms. Cameron noted that the home sites will be sensitively located and the surrounding environment will be taken into consideration.  Ms. Cameron also requested the Board's approval on a letter of support to GOCO to encourage their participation in this project.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the expenditure of $75,000 of open-space tax dollars to partner in purchasing the Cohen Conservation Easement in the Estes Valley, conditioned upon the agreement of establishing the appropriate location for the two home sites, and authorize the Chair to sign the letter of support to GOCO. 

 

Motion carried 3-0.

 

LETTER OF SUPPORT FOR GOCO PROJECT BEING SUBMITTED BY THE  CONSERVATION FUND FOR THE PARTNERSHIP REGARDING THE COHEN PROPERTY

 

7.   LETTER OF SUPPORT FOR THE CITY OF FORT COLLINS HUMAN RIGHTS PROTECTION ORDINANCE:   Ms. Salinas explained that over two years ago a coalition of agencies and individuals began to work on the Human Rights Protection Ordinance, which would prevent city employees from asking unnecessary questions about an individual's immigration status.  Ms. Salinas explained the advantages of the ordinance and noted that it would protect the rights of all members of the community.   Ms. Martinez stated that individuals who are victims of domestic violence will not report the abuse, due to the fear of being deported.  Ms. Salinas requested the Board sign a letter of support to the City of Fort Collins urging them to adopt the ordinance.  Chair Rennels explained that it would be inappropriate for the Board to send a letter of support for this ordinance, as it has not yet been heard by the City of Fort Collins; therefore, it would appear that Larimer County is taking the lead on a city issue.  Commissioner Wagner stated that she would prefer to abstain from the vote, as she was a part of this discussion at the previous task force meeting.  Chair Rennels suggested that the Board take no action on this issue and Commissioner Gibson agreed, noting that signing a letter of support at this time would be premature.

 

8.   APPROVAL OF BALLOT LANGUAGE FOR TERM LIMIT EXTENSION:  Mr. Hass presented the resolution proposing changing the term of office limitations for County Commissioners, Sheriff, Assessor, Treasurer, Clerk and Recorder, and Surveyor, and requested approval on the same.  Commissioner Wagner stated that she would like to support this item, but feels strongly that, in order to make it completely non-partisan, it should not apply to  current elected officials.  Commissioner Gibson stated that he would like to see this issue pass even if it means excluding current elected officials from participating in the term limit extension.  Chair Rennels disagreed and stressed the importance of keeping the focus on term limits, not on the elected officials.  Chair Rennels stated that Larimer County currently has a Clerk and Recorder that is doing an excellent job and making headway on a national level, and the voters should be able to choose whether or not to re-elect him for a second or third term, as well as any of the other elected officials that are currently in office. 

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve a resolution proposing changing term of office limitations for County Commissioners, Sheriff, Assessor, Treasurer, Clerk and Recorder, and Surveyor, from two terms to three terms; calling election; and certifying ballot title. 

 

Under discussion of the motion, Commissioner Wagner noted that this issue was not initiated by the Board of County Commissioners; instead, two individuals from the public came in and made the request to have this issue included on the November ballot.

 

Motion carried 2-1, Commissioner Wagner dissented. 

 

08302005R017           RESOLUTION PROPOSING CHANGING TERM OF OFFICE LIMITATIONS FOR COUNTY COMMISSIONERS, SHERIFF, ASSESSOR, TREASURER, CLERK AND RECORDER, AND SURVEYOR, FROM TWO TERMS TO THREE TERMS; CALLING ELECTION; CERTIFYING BALLOT TITLE

 

9.  EXECUTIVE SESSION WITH COUNTY ATTORNEY TO DISCUSS POTENTIAL LITIGATION AS OUTLINED IN 24-6-402(4)(b) C.R.S.:  (Affidavit provided)

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners go into Executive Session for the purpose of receiving legal advice on specific legal questions as outlined in 24-6-402(4)(b) C.R.S.

 

Motion carried 3-0. 

 

The Board came out of Executive Session, and the following action was taken: 

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners authorize the full indemnity and defense of Scott Doyle in the case of Jean M. O'Connor versus the Board of County Commissioners of Larimer County and Scott Doyle, both officially and individually.

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners authorize the County Attorney to file an appeal in the case of the Board of County Commissioners versus the Board of Trustees of the Town of Timnath and the Timnath Development Authority.

 

Motion carried 3-0.

 

10.  U.S. 287 REALIGNMENT AROUND GLADE RESERVOIR/LETTER TO CORPS OF ENGINEERS:  Mr. Engemoen stated that several alignments for rerouting US Highway 287 around the proposed Glade Reservoir have been developed, and the project sponsors have identified a preferred alignment which cuts through the hog back.  However, the County Commissioners and staff have expressed an interest in continuing to evaluate additional alternatives.   Mr. Engemoen explained that staff has prepared a letter to the Army Corps of Engineers expressing this position and requested the Board execute the letter if it still accurately reflects the Board's position.  The Board stated that they were in favor of continuing to look at alternatives for the realignment of US Highway 287.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the letter to the Army Corps of Engineers regarding the County's desire to continue to evaluate alternative alignments for U.S. Highway 287 around Glade Reservoir. 

 

Motion carried 3-0.

 

11.  APPROVAL OF NEW RETIREMENT PLAN AND AN INCREASE TO THE LARIMER COUNTY SHERIFF'S DEPUTIES ENHANCED DEFERRED COMPENSATION PROGRAM:  Ms. Cerciello introduced a number of county employees that have worked for many months on improvements to the County's retirement plan.  Ms. Cerciello explained that the current retirement program is not competitive with the County's benchmark organizations and does not provide a decent retirement for County employees.  Major Smith presented the proposed schedule for mandatory contributions and explained that the maximum employee contribution would be 7.75%, which would be obtained once an employee reaches 10 years of service.  Major Smith also noted that salary offsetting would be increased to a maximum of 2%, which would be obtained once an employee reaches 15 years of service.  Major Smith explained that implementation of the proposed changes, if approved, will take affect on January 1, 2006.  Ms. Smith explained that postponing implementation until January will benefit the employees, as there may be turnover, promotions, and raises that will help offset the increased mandatory deductions from employee salaries, and the departments will be able to make the necessary adjustments to their budgets to accommodate the increases.  Major Darling noted that the Board previously approved an Enhanced Deferred Compensation Program for the Sheriff's Deputies which allows them to put additional money for retirement purposes into a 457 retirement account.  Major Darling stated that the Enhanced Deferred Compensation Program mirrors the County's Retirement Plan, and requested Board approval to increase the County's matching level for both programs to 7.75%, along with the increase of salary longevity capped at 2%.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the new Retirement Plan and an increase to the Larimer County Sheriff's Deputies Enhanced Deferred Compensation Program.

 

Motion carried 3-0.

 

12.  FONKEN IV CONSERVATION EASEMENT AND MAP:  Mr. White explained that a 35-acre Conservation Easement is being donated by the Fonken Trust, and that this is the fourth in a series of phased donations that will eventually total 350-acres.  Mr. White noted that the property is located just south of Poudre Park, off of Highway 14.  Mr. White stated that this is a donation; however, the County will pay the transaction costs for the project. 

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the Fonken IV Conservation Easement.

 

Motion carried 3-0.

 

08302005D001           DEED OF CONSERVATION EASEMENT BY THE H. A. AND ELAINE J. FONKEN TRUST

 

13.  ASSISTANT COUNTY MANAGER WORKSESSION: Chair Rennels noted for the record that the Board of County Commissioners reviewed the Planning Commission practices and found that they are satisfactory; therefore, no changes were made.

 

Chair Rennels then explained that, while working with the Volunteers of America to get Meals on Wheels delivered to Laporte, she and Commissioner Wagner had indicated that the County could help with the notification mailing, thinking that they would be able to get listings of area residents for the Volunteers of America.  However, the Volunteers of America thought this meant that the County would pay for the postage to mail the notifications and delivered the postcards to the County for this purpose.  Chair Rennels requested the Board approve an expenditure of $117.00 from the Special Projects Fund to cover the cost of the postage in this instance and noted that she would clarify this type of statement in the future.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the expenditure of $117.00 from the Commissioners Special Projects Fund to cover the cost of postage for mailing the Meals on Wheels postcard notification to Laporte area residents.

 

Motion carried 3-0.

 

14.  COMMISSIONER ACTIVITY REPORTS:  The Board noted their attendance at events during the past week. 

 

15.  LEGAL MATTERS:  Legal matters were discussed during the Executive Session held earlier in the meeting.

 

The meeting recessed at 12:35 a.m., with no further action taken.

 

 

   __________________________________________

                                    KATHAY RENNELS, CHAIR

            BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

___________________________________

Gael M. Cookman, Deputy Clerk   

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