> Meetings & Minutes > 1994 Minutes

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, JUNE 13, 1994

SUBDIVISIONS

(#53, #54, #55 & #56)

The Board of County Commissioners met at 9:00 a.m. in regular session with Russ Legg, Senior Planner. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: Jerry White, Zoning Administrator; Richael Michels, Planner; John Pedas, Code Enforcement Officer; Rex Burns, Engineering; Jerry Blehm, Environmental Health; Neil Gluckman, Assistant County Administrator; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Mr. Legg noted that the Donath Substation Special Review, heard on May 16, 1994, was continued until today, June 13, 1994; the applicant Poudre Valley REA has requested that this item be tabled until September 6, 1994 as negotiations are underway which might eliminate the need for this substation proposal.

M O T I O N

Commissioner Hotchkiss moved that the Board table the Donath Substation Special Review (#94-ZR0412) until September 6, 1994, as requested by the applicant.

Motion carried 3 - 0.

Mr. Burns provided an update for the Board on the Grasslands Subdivision. Commissioner Disney stated he has had calls from residents requesting answers to the list of the questions they submitted about this subdivision; Mr. Burns noted he will respond to these questions as quickly as possible.

Mr. Legg stated that the following is a consent item and will not be discussed in detail unless requested by the Commissioners or members of the audience.

1. ROCKY MOUNTAIN DHARMA CENTER SPECIAL REVIEW

AMENDMENT (#93-ZR0386): 14 AND 23-09-73; SOUTH SIDE OF

COUNTY ROAD 63C 15 MILES WEST OF LIVERMORE;

552 ACRES; O-OPEN ZONING (6-13-94)

This is a request to amend a Special Review which was approved in 1981 (and revised in 1984) to upgrade facilities and provide for year-round programs/operations. Staff Findings include: 1) The proposal complies with the intent and purposes of the Comprehensive Zoning Resolution, and the County Land Use Plan; 2) The proposal is generally harmonious with the surrounding neighborhood, and will have no impact on surrounding land uses or property values in the area; 3) The proposal will not impair the public health, welfare, prosperity, or safety by creating undesirable traffic congestion, undesirable sanitary conditions, overburdening of utilities, or adverse environmental influences in the area; 4) No objections have been noted by reviewing agencies.

The Staff/Planning Commission Recommendation is for Approval of the Amended Special Review to expand the Dharma Center and allow a crematorium and cemetery, with the following conditions: 1) Applicant recognizes that the existing County Roads which serve the site are not likely to be improved or have expanded maintenance as a result of traffic related to the Dharma Center, unless funded by the applicant; 2) Applicant must comply with all requirements of the County Emergency Services Division regarding water supply, installation of a dry hydrant and internal access improvements; these must be accomplished prior to issuance of any additional building permits; 3) Use of the crematorium shall be limited to those associated with the Rocky Mountain Dharma Center, and not available to the general public; 4) Maximum summer population shall be 350, plus up to 60 children at the 10 day summer camp program; maximum winter population shall be 150. At such time as all improvements proposed in Phase I are completed, the maximum summer population may be increased to 450 total; 5) Compliance with all requirements of the County Health Department; 6) A conservation easement/agreement shall be developed in coordination with Larimer County Planning Department, with the intent of identifying and protecting the aesthetic and ecological values in the area, which is not proposed for development under the present plan. The easement/agreement shall specify any restrictions on use of the protected area, as agreed upon by the applicant and the County Planning Department; 7) Applicant shall cooperate with the U.S. Forest Service in developing rules or guidelines regarding pets. Applicant shall obtain any required permits from the Forest Service for use of USFS trails; 8) Prior to disturbance of any wetland area, applicant shall obtain any required permits from the Army Corps of Engineers; 9) Except as otherwise modified by the above conditions, all development and use of the property shall be consistent with Zoning File Exhibit A (Application for Zoning Action dated March 12, 1994, with attached "RMDC Land Use Permit Revision-March 1994").

M O T I O N

Commissioner Disney moved that the Board adopt the Staff Findings and Staff/Planning Commission Recommendation and approve the Rocky Mountain Dharma Center Special Review Amendment (#93-ZR0386), with the conditions as outlined above.

Motion carried 3 - 0.

2. ROCKY RIDGE CAMPGROUND SPECIAL REVIEW (#94-ZR0402):

NW 11-08-69; SOUTH OF COUNTY ROAD 60, AND ONE MILE

WEST OF COUNTY ROAD 15 (WAVERLY ROAD); 80 ACRES;

O-OPEN ZONING (6-13-94).

This is a request to allow a campground along with a sporting club (Previous file Rocky Ridge Sporting & Conservation Club #93-ZR0305). Mr. White previewed the history and project description of the Rocky Ridge Campground. Staff Findings are: 1) The proposal does not comply with the intent and purposes of the regulations pertaining to campgrounds, as included in the Larimer County Mobile Home Resolution; 2) The applicant has sought Variances from the Board of Adjustment to allow development to occur which is not consistent with existing regulations; said Variance request was denied; 3) The present plan cannot be approved without compliance with existing regulations. The Staff/Planning Commission Recommendation is for Denial of the Special Review application.

Applicant Mike Moreng commenced to make a presentation to the Board regarding his request when Chair Duvall asked legal counsel whether the Board of County Commissioners may overturn the decision of denial made by the Board of Adjustment; Ms. Haag responded "No", and stated that the appeal should be made to District Court--the Board of County Commissioners has no authority to overturn the decision. Mr. Moreng stated this information was not given to him previously and that in the Mobile Home Resolution, it states that the appeal process can be taken to the Board of County Commissioners; also, he noted that, in his opinion, the decision of denial was made unjustly by the Board of Adjustment because they never visited the site and he would appreciate the Board doing whatever they can to rectify the situation. Mr. Moreng asked if the Board's decision could be tabled today so he could return to the Board of Adjustment with an altered proposal and request a rehearing by the Board of Adjustment, which will allow them time to visit the site and obtain more information about his proposal and possibly reverse their decision.

M O T I O N

Commissioner Disney moved that the Board continue the Rocky Ridge Campground Special Review indefinitely, as requested by the applicant.

Motion carried 3 - 0.

3. SEAMAN'S RADIO TOWER SPECIAL REVIEW (#94-ZR0426):

SE 27-09-70; 4 MILES NORTHWEST OF THE INTERSECTION

OF U.S. HIGHWAY 287 AND COLORADO HIGHWAY 14 (TED'S

PLACE); 1 ACRE; O-OPEN ZONING (6-13-94).

This is a request to allow a solar-powered radio communications site with a 10' x 14' building and 40' x 18' triangular tower with top-mounted antenna. Mr. White provided the project description, reviewed the major concerns and issues, and outlined the differences between this request and the KWXU (KDVR) television transmission tower request presented to the Board on December 13, 1993. Mr. White noted that letters of opposition to the granting of this request have been received from: Citizens Against Ridgeline Development, R. W. Allin, Janis Sanders, Harold and Elinor Kaufman, Patrice Berglund, Bonner Peak Landowners' Association, Dr. & Mrs. Phil Kearney, and Dr. & Mrs. Leasure. Staff Findings include: 1) The proposal complies with the intent and purpose of the Comprehensive Zoning Resolution and the County Land Use Plan; 2) The proposal will not affect land uses or property values in the surrounding area; 3) The proposal will be beneficial to the public health, safety, and welfare by enhancing radio communication capabilities for agencies which provide health and safety services, such as County Sheriff, Emergency Services, Fort Collins Police, U.S. Forest Service, and County Mental Health; 4) The public benefit from this specific facility exceeds any potential negative visual impact which might occur; 5) Approval of this facility does not set a precedent, nor suggest that any other communication facility will be approved on this site; future decisions regarding other requests for communication facilities will not be influenced by the existence of this facility. The Planning Commission/Staff Recommendation is for Conditional Approval of the Seaman's Radio Tower Special Review.

Mr. Philip Wadas, applicant and President of Gemini Communications, reviewed the history of their involvement in the request being made today, reviewed site selection criteria, and assured the Board that his company is not connected in any way to KWXU (Denver TV Tower). Mr. Wadas described the proposed facility and tower and presented examples of the panels and the tower pole showing the diameter and color; in addition, he noted that the State Land Board required a condition in their lease of a posting of an irrevocable restoration bond of $10,000 guaranteeing that this facility will be removed at the end of the lease or in the event the lease is violated. Mr. Wadas noted he has worked closely with the Planning Staff to make sure their proposal complied with the intent and purpose of the Zoning Resolution and the County Land Use Plan and believes that the approval of this request will provide benefit to the public.

Mr. Blehm noted that, after reviewing the arithmetic of the proposed application and the ANSI standards accepted by the FCC, the radio frequency radiation emitted from this site will be .0005% of those standards; therefore, there will not be a negative health impact from the radiation from this facility.

Mr. Bill Wyatt, attorney representing the opposition, stated that this proposal is as much of an encroachment on this pristine area as the tower application on December 13, 1994 and would constitute a change in the neighborhood and does not comply with the intent and purposes of the Larimer County Land Use Plan. The following persons also addressed the Board in opposition to the proposal: Dr. Phil Kearney, Christina Pender, John Sherrod, Moby Wile, Kathrine Stowe, Steve Robinson, and Dr. Harold Kaufman; these persons cited the following concerns: the proposed tower will not provide adequate service and will be followed by subsequent requests for a larger tower; the service being offered already exists; these tower requests are a waste of time and money for the citizens and taxpayers consistently having to protest and voice their objections; the proposal represents a dying technology; road improvements to the tower will be required; concern regarding a lack of trust of County officials to follow land-use rules and regulations; approval will set precedent for future tower requests; destruction of the beauty of public land; etc. Mr. Wadas addressed the concerns regarding compatibility with the surrounding neighborhood, reviewed the covenants and noted that this use is allowed in the O-Open Zoning; Mr. Wadas further stated that this technology is not dying, as the new technology is prohibitive in cost. Discussion followed; the Commissioners acknowledged that this is a complex issue and indicates the need for a clear and consistent policy regarding location of towers.

M O T I O N

Commissioner Disney moved that the Board deny the Seaman's Radio Tower Special Review.

Motion carried 3 - 0.

4. ROBINSON SINGLE WIDE MOBILE HOME VIOLATION:

SW 1/4, 15-9-73, MANHATTEN CREEK AREA (6-13-94).

This alleged violation is for placing a single wide mobile home on the same parcel with another single family dwelling without a building permit or consent petition. Mr. Pedas reviewed the alleged violation, the major issues and concerns, and submitted a photo of the site and a letter from the occupant noting that in January of this year they requested a year to find another site for the mobile home; at that time, Staff agreed to a May 1, 1994 deadline for relocation of the mobile home. Staff Findings are: 1) Building permits are required for all residential structures; 2) Septic tank permits are required for on-site sewage disposal systems; 3) The single wide mobile home on the subject property is being occupied without approval or building/septic inspections to insure habitability; 4) The Zoning Regulations allow only one principal building per lot; 5) The single wide mobile home on the property may affect property values in the neighborhood. Staff Recommendation is to find that a violation exists, require compliance within 30 days, and authorize legal action if the compliance deadline is not met.

M O T I O N

Commissioner Hotchkiss moved that the Board adopt the Staff Findings and Staff Recommendation and find that in the matter relating to the Robinson Single Wide Mobile Home Violation that a violation exists, require compliance within 90 days, and authorize legal action if the compliance deadline is not met.

Motion carried 3 - 0.

5. BICKELS HIDE TANNING VIOLATION; LOT 15, HORSEMEN

HILLS SUBDIVISION (6-13-94).

This alleged violation is for operating a hide/fur tanning business in the O-Open Zoning District. Mr. Pedas submitted photos of the site and reviewed the alleged violation and major concerns and issues. Staff Findings include: 1) The subject property is Zoned O-Open District; 2) The O-Open District does not permit commercial/industrial uses (without Special Review approval); 3) The commercial activity is inconsistent with the rural/residential character of the neighborhood; 4) Continued use of the property for commercial activities will affect property values in the neighborhood. Staff Recommendation is to find that a violation exists, require compliance within 60 days, and authorize legal action if the deadline is not met.

Bernard Bickels, property owner, read a prepared statement to the Board addressing the issues and complaints made against his business, such as: neighborhood compatibility, pollution from landscape damage, suspicion of hazardous materials, devaluation of property, and violation of the Larimer County Comprehensive Zoning Resolution. Mr. Blehm stated that the chemicals used in this business are not hazardous and the products used are those which anyone could go to the store and purchase; he noted that the complaint received a few months ago was about hazardous materials storage and there is none in existence at this location. Mr. Blehm did state that there is a potential problem that under the right wind conditions, some of the product could leave the site and this will need to be addressed if the business is allowed to continue.

Judy Smith, adjacent property owner, spoke in opposition to the continuation of this business noting that she moved into a covenant-controlled subdivision to protect herself from what her neighbors do and to protect the value of her home, and she feels this is being violated. Victor Waag and Jan Miller, adjacent property owners, also spoke in opposition to the business citing it as an eyesore in the neighborhood and objecting to the high content of salt in the air, which affects the seedling trees they are attempting to grow; they also noted that this business is in direct violation of the covenants written in 1973. Discussion followed; Mr. Bickels countered that salt is in solution and cannot be emitted as a solid. Discussion followed; the Board noted that this business does not meet the technical definition of a "Home Occupation", and a zoning violation does exist.

M O T I O N

Commissioner Hotchkiss moved that the Board adopt the Staff Findings and Staff Recommendation and find that in the matter regarding the Bickels Hide Tanning Violation a violation exists, require compliance with 90 days, and authorize legal action if the deadline is not met.

Motion carried 3 - 0.

At this time, Commissioner Hotchkiss left the meeting.

6. DANIELS SINGLE WIDE MOBILE HOME VIOLATION; LOT 88,

CRYSTAL LAKES 1ST (6-15-94).

This alleged violation is for occupying a single wide mobile home as a dwelling without first obtaining a building permit or obtaining consent signatures from 70% of the property owners within 800 feet of the mobile home. Mr. Pedas reviewed the alleged violation and major issues and concerns and submitted a letter of opposition from an adjoining property owner. Staff Findings are: 1) Building permits are required for all residential structure in Larimer County; 2) Single wide mobile homes used as permanent dwellings require approval from 70% of the property owners within 800 feet; 3) The single wide mobile home on the property is being occupied as a dwelling without approval or inspections to insure habitability; 4) Use of a single wide mobile home for a permanent dwelling is inconsistent with the developing character of the neighborhood; 5) The location of the single wide home on the subject property may affect property values in the area. Staff Recommendation is to find that a violation exists, require compliance within 30 days, and authorize legal action if the deadline is not met.

Steve Koeckeritz, adjacent property owner and real estate broker, addressed the Board and urged the Board to pursue this matter diligently as there is a violation of the Crystal Lake Covenants and Larimer County Zoning Regulations. Mr. Koeckeritz expressed concern about the procedure in which the property owner could come in and apply for a building permit and obtain approval to occupy the mobile home for up to one more year; he hopes that the County will not allow another twelve months, as the mobile home has already been there for eight months and the existence of this mobile home has rendered properties close by almost unmarketable. Mr. Pedas responded that if a building permit is requested, it will be issued for four months only instead of up to one year.

M O T I O N

Commissioner Disney moved that the Board adopt the Staff Findings and Staff Recommendation and in the matter of the Daniels Single Wide Mobile Home Violation find that a violation exists, require compliance within 30 days, and authorize legal action if the deadline is not met.

Motion carried 3 - 0.

7. HOFFMAN GOAT AND JUNK YARD VIOLATION; 1027 EAST 7TH

STREET IN LOVELAND (6-13-94).

This alleged violation is for harboring too many goats, accumulating junk and other debris on a property zoned R-Residential. Mr. Pedas reviewed the alleged violation and major concerns and issues and noted he recently talked to Mrs. Hoffman and the number of goats has been significantly reduced; however, the most recent complaints involve odors and the junk materials on the property. Staff Findings include: 1) The subject property is zoned R-Residential; 2) The R-Residential Zone does not permit intense farming/livestock operations; 3) The large number of goats on the property and the accumulation of waste material creates a significant odor problem for the neighborhood; 4) The outside storage of junk creates a significant visual problem in an otherwise residential neighborhood; 5) Continued use of the property is inconsistent with the provisions of the Zoning Regulations and will affect property values in the area. Staff Recommendation is to find that a violation exists, require compliance within 60 days, and authorize legal action if the deadline is not met; compliance requires reducing the number of goats to no more than 30, removing animal waste to reduce odors, and removing junk.

Geraldine Hoffman, property owner, informed the Board that her family has occupied this property since 1926 and always had farm animals; however, they have reduced the number of goats from 70 to 30, have cleaned up the yard, and are in the process of having trucks come to remove the grass clippings and debris, and have told the lawn-service companies they cannot continue to leave grass and limbs at this location. Wilma and Eldon Beckman, neighbors one block east, stated that their main concern is the huge pile of compost and grass clippings and expressed concern regarding who will monitor the cleanup of the yard, if the Board finds a violation exists.

M O T I O N

Commissioner Disney moved that the Board adopt the Staff Findings and Staff Recommendation and in the matter of the Hoffman Goat and Junk Yard Violation find that a violation exists, require compliance within 60 days, and authorize legal action if the deadline is not met; compliance requires the reduction of the number of goats to no more than 30, removal of animal waste to reduce odors, removal of the junk, and prohibits the acceptance of materials from outside sources in the future.

Motion carried 2 - 0.

The meeting recessed at 12:20 p.m.

ADMINISTRATIVE MATTERS

(#56 @ 1200)

The Board of County Commissioners reconvened at 1:30 p.m. in regular session with Bill Gordon, County Administrator. Chair Duvall presided; Commissioner Hotchkiss was present. Also present were: Doug Keasling, Director of Social Services; Dr. Keith Olson, Director of Mental Health; Paul Cooper, Director of Community Corrections; Patty Arnett, Business Manager Health Department; and Neil Gluckman, Assistant County Administrator. Recording Clerk, S. Graves.

1. REQUEST FOR APPROVAL AND SIGNATURE ON THE COMMUNITIES IN SCHOOLS COLLABORATION - LARIMER COUNTY/THOMPSON R2-J IN SCHOOL PROJECT AGREEMENT: Mr. Keasling presented an Agreement regarding the Communities in Schools Project and requested Board approval and the Chair's signature. Mr. Keasling stated that the purpose of this one-year pilot program is to place services in school sites to improve services to families and children; this Agreement has been reviewed as to form by the County Attorney and School Attorney. Chair Duvall expressed appreciation to Mr. Keasling, Dr. Olsen and Paul Cooper for taking the leadership on this project and for their dedication and hard work in bringing it to completion.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the Communities in Schools Collaboration Project Agreement, as presented, and authorize the Chair to sign same.

Motion carried 2 - 0.

A94-106 COMMUNITIES IN SCHOOLS COLLABORATION - LARIMER

COUNTY/THOMPSON R2-J IN SCHOOL PROJECT AGREEMENT

2. REQUEST FOR APPROVAL AND SIGNATURE ON A PERSONNEL AUTHORIZATION REQUEST FORM FOR AN ADDITIONAL .25 FTE FOR EARLY AND PERIODIC SCREENING FOR DEVELOPMENT TESTING (EPSDT) CONTRACT: Ms. Arnett requested Board approval and the Chair's signature on a Personnel Authorization Request Form for an additional .25 FTE, which will be added to existing part-time personnel, for early and periodic screening for the Developmental Testing Contract; Ms. Arnett noted that monies for this request will be derived from Federal dollars.

M O T I O N

Commissioner Hotchkiss moved that the Board authorize approval and the Chair's signature on the Personnel Authorization Request Form for an additional .25 FTE for Early and Periodic Screening for Development Testing Contract.

Motion carried 2 - 0.

3. REQUEST FOR APPROVAL ON AN APPLICATION FOR HANDICAPPED CHILDRENS PROGRAM (HCP) CONTRACT EXPANSION: Ms. Arnett also requested Board approval for a Grant Application to expand existing services in the Handicapped Childrens Program, which would add 1.4 FTE to the Department--1.0 for a full-time nurse and .4 for a Program Worker II position; Ms. Arnett noted this grant application is also for Federal dollars and no cost to the County.




M O T I O N

Commissioner Hotchkiss moved that the Board approve the submittal by the Health Department of a Grant Application for the expansion of the Handicapped Childrens Program Contract, and authorize the Chair to sign same.

Motion carried 2 - 0.

4. WORKSESSION:

-- Mr. White submitted the Quit-Claim Deed for Lot 76, Crystal Lakes 12th Filing, and requested the Chair's signature, noting that this transaction was approved by the Board during Administrative Matters on June 8, 1994.

D94-17 QUIT-CLAIM DEED FROM LARIMER COUNTY TO CRYSTAL

LAKES ROAD AND RECREATION ASSOCIATION FOR LOT 76,

CRYSTAL LAKES 12TH FILING

-- Mr. Gordon presented a Resolution Accepting Devise of Land from the Steinbach Estate and requested the Chair's signature; Martha Read Steinbach devised certain real property in her Will to Larimer County to establish a park or natural site for preservation of wildlife inhabiting the area.

R94-65g RESOLUTION ACCEPTING DEVISE OF LAND FROM

STEINBACH ESTATE

-- Mr. Gordon received a request from Dr. Keith Olson, Director of Mental Health, for Board approval to increase client rates from $89 to $91 per hour session, effective July 1, 1994; this rate change is necessary to reflect the change in State and Medicaid rates.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the increase in client rates in the Mental Health Department from $89 to $91 per hour session, effective July 1, 1994, as requested by Dr. Keith Olson.

Motion carried 2 - 0.

-- Mr. Gordon stated that during Administrative Matters on June 1, 1994, the Board authorized the expenditure of $10,000 for the Affordable Housing Information System (AHIS). The Board has been requested to remit this money to Human Development to be used on behalf of AHIS; Mr. Gordon discussed this matter with Assistant County Attorney Ms. Haag and she recommended the check go to AHIS, as originally designated.

The Board directed Mr. Gordon to advise Human Development accordingly.

At this time, Commissioner Disney joined the meeting.

-- Mr. Gordon stated that the Housing Authority Advisory Board would like to meet informally with the Board to discuss the matter of their not appointing new members to the HAAB until a clear cut definition is made by the Board regarding their expectations from this Advisory Board. The Board directed Mr. Gordon to draft a letter stating the Board's position regarding this matter.

5. COMMISSIONER'S REPORTS:

-- Commissioner Hotchkiss reported he has a deposition with Ms. Haag, Assistant County Attorney, at 3 p.m. today regarding the Promontory Park P.U.D.

-- Commissioner Disney reported he met with the Estes Park School Board last week and they will continue to explore the possibility of the School District and the County sharing a facility in Estes Park.

-- Chair Duvall reported she attended a two-day seminar in Crested Butte last weekend on Conservation Easements and Trusts for Public Land.

6. DOCUMENT REVIEW: The following documents, of a routine nature, were considered by the Board:

M O T I O N

Commissioner Disney moved that the Board approve the Minutes for the week of June 6, 1994 and the Agenda for the week of June 20, 1994, as submitted.

Motion carried 3 - 0.

M O T I O N

Commissioner Disney moved that the Board approve Petitions for Abatement for the following, as recommended by the County Assessor Steve Miller: Presentation Graphics; Windcliff Village, Inc.; James M. & Rachelle K. Baranovic; Dwight K. Adrian; Gerald D. & Loralyn S. Wadleigh; Robert L. & Connie Lynne Carnes; and James D. & Peggy J. Fox.

Motion carried 3 - 0.






M O T I O N

Commissioner Disney moved that the Board approve the Amended Plat for Windcliff Estates 5th Filing and the Amended Plat for Wacker Minor Residential Development, Lots 2 and 3.

Motion carried 3 - 0.

LIQUOR LICENSES: Licenses were issued to: National Park Village North - 6% - Estes Park, CO.; National Park Village North - 3.2% - Estes Park, CO.; Conoco #06382 - 3.2% - LaPorte, CO.; REV Enterprises, Inc., dba Sandy's - 3.2% - Fort Collins, CO.; and a 3.2% SPECIAL EVENTS PERMIT for July 2, 1994 from 10 a.m. until 11 p.m. for the Glen Haven Area Volunteer Fire Department - Glen Haven, CO.

M O T I O N

Commissioner Disney moved that the Board approve the following documents:

A94-107 HIGHLAND HILLS, P.U.D. FIRST FILING SUBDIVISION

IMPROVEMENT AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND HH GROUP, INC. AND

ADDENDUM TO SIA AND DEVELOPMENT LOAN

AGREEMENT

C94-30 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS DBA LARIMER COUNTY DEPARTMENT

OF SOCIAL SERVICES AND THE STATE OF COLORADO,

DEPARTMENT OF SOCIAL SERVICES (Single Entry Point Program)

C94-31 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND TARCO, INC. (Bridge Replacement

Lieser Private Bridge - Project #8301)

Motion carried 3 - 0.

The meeting adjourned at 2:10 p.m.








TUESDAY, JUNE 14, 1994

COMMUNITY CORRECTIONS QUARTERLY MEETING

(#57)

The Board of County Commissioners met at 9:30 a.m. in regular session with Paul Cooper, Director of Community Corrections. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were Steve Schapanski, Chair Community Corrections Advisory Board; Neil Gluckman, Assistant County Administrator; and Bill Gordon, County Administrator. Recording Clerk, S. Graves.

1. Adult Advisory Board Bylaw Revisions: Discussion ensued regarding several revisions recently made in the Adult Advisory Board Bylaws. Mr. Gordon has been reviewing the Bylaws of all Boards and Commissions in the County and making slight revisions to clarify the position between the Advisory Boards and Commissioners in an effort to achieve conformity and consistency. Mr. Schapanski stated that the Advisory Board was not pleased with the changes and requested acknowledgment from the Board of County Commissioners that they are in agreement with the revisions. Much discussion followed; Chair Duvall noted that the Commissioners have given Mr. Gordon the authority to assume more administrative duties in an attempt to emancipate them for the numerous other matters needing their time and attention. After discussion of the revisions and the intentions and desires of the Commissioners, Mr. Schapanski will incorporate these items in the Bylaws and return to the Board for approval.

2. Day Reporting Center: Mr. Cooper reported that a site has been found for the Day Reporting Center at 117 W. Oak Street and they anticipate taking over the building by July 1, 1994. Mr. Cooper stated that negotiations are being completed for a joint lease agreement with the Sheriff's Department and hopefully within thirty days they will be generating revenue. When the Lease Agreement is completed, Mr. Cooper will return to the Board for their approval and the Chair's signature.

3. Juvenile Detention Facility Plan: Mr. Cooper informed the Board that he met with the Division of Youth Services (DYS) Staff on June 9, 1994 and three options are being considered at this time for the Juvenile Detention Facility being located in Larimer County: 1) Larimer County provides the land and the State builds and operates their facility and it will provide a convenience for us; 2) Larimer County provides the land, the State builds a 60-bed facility and the County operates one pod for short-term holding and processing; 3) Larimer County provides the land and the State builds and operates the facility and the County contracts with the State to do some programming and screening out of their facility. Mr. Cooper noted that a Site Analysis Consultant has been hired by the State and he will be in Fort Collins on June 23 to review the site and options before making recommendations. Mr. Cooper will be meeting with Rep. Reeves this afternoon to discuss strategy for dealing with Legislature regarding site selection and the DYS is briefing the Capital Development Committee on June 27, which he will attend. Mr. Cooper noted that good sites throughout the State are not being offered and those that are involve environmental cleanup issues, which ours does not; Mr. Cooper stated that our site is the most ideal site being offered. Mr. Cooper stated that a project manager has been hired and an architectural firm will be on board by November 1, 1994 and hopefully a decision will be made by February 1, 1995. Chair Duvall requested Mr. Cooper's assistance in analyzing the pros and cons and the costs and benefits of each alternative; Mr. Cooper agreed to provide periodic updates for the Board; also, Mr. Cooper will schedule a meeting with the Sheriff's Staff to see about the sharing of medical services, food service, etc. Mr. Cooper raised several other matters which will need consideration; for instance, the School District has to also be involved in the decision because they are required to educate the juveniles in the facility.

The meeting recessed at 10:25 a.m.

FINANCE QUARTERLY MEETING

(#58)

The Board of County Commissioners reconvened at 10:30 a.m. in regular session with Bob Grewell, Director of Finance. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: Dana Klausmeyer, Accounting/Reporting Controller; Dick Spillman, Jeff Barnes, and Tammy DeFreece of Hunt, Spillman & Associates PC; Neil Gluckman, Assistant County Administrator; and Bill Gordon, County Administrator. Recording Clerk, S. Graves.

Since the Commissioners will be gone the week of June 20, 1994 attending the Colorado Counties Summer Conference, Ms. Klausmeyer asked if Accounts Payable should hold the warrants or if Mr. Gordon should review and sign off on them for payment; the Board authorized Mr. Gordon to approve the warrants next week.

The Comprehensive Annual Financial Report for Larimer County for the year ending December 31, 1993, as prepared by Ms. Klausmeyer and Staff, was presented for the Board's review. Ms. Klausmeyer provided a brief overview of the Report and described the structure and contents therein. Commissioner Disney suggested that in the future a glossary of terms be included in the Report to facilitate citizen understanding.

The Auditors presented the Management Letter and reviewed the matters which became evident during the audit, noting that the auditors view the discovery and resolution of these matters as opportunities for strengthening internal controls and operating efficiency. Mr. Barnes reviewed the matters with the Board and noted that comments regarding same were circulated to the appropriate departments and offices within the County and responses were solicited; summaries of those responses are included in the Letter. Discussion followed regarding whose responsibility it is to follow up on the suggestions made by the auditors and it was clearly stated that this responsibility lies with the individual departments; further, it was noted that if the suggestions made are not followed through by the departments, they will show up again the following year during the audit. The hiring of an Internal Auditor for the County was discussed and a follow-up meeting to discuss this matter further will be scheduled.

Mr. Barnes presented the Engagement Letter for the 1994-95 audit to the Board and noted it includes several recommendations for changes to be made next year. Mr. Spillman expressed appreciation to Mr. Grewell and Ms. Klausmeyer and her Staff for their cooperation and responsiveness in performing the audit.

The meeting recessed at 11:20 a.m.

PERSONNEL STANDING MEETING

(#59)

The Board of County Commissioners reconvened at 2:00 p.m. in regular session with Ralph Jacobs, Director of Personnel. Chair Duvall presided; Commissioner Disney was present. Also present were: County Attorney George Hass; Suzanne Comcowich, Employee Relations/Classification Specialist; Neil Gluckman, Assistant County Administrator; and Bill Gordon, County Administrator. Recording Clerk, S. Graves.

A letter from the Board of County Commissioners to Governor Roy Romer was presented for the Chair's signature requesting his support for the Board extending the boundaries of the Larimer County Enterprise Zone to encompass the new NCR site, if that Enterprise Zone expansion meets State criteria.

M O T I O N

Commissioner Disney moved that the Board authorize the Chair's signature on the letter to Governor Roy Romer requesting his support for extending the boundaries of the Larimer County Enterprise Zone to encompass the new NCR site.

Motion carried 2 - 0.

Mr. Haas presented a Resolution Authorizing the Acceptance of Lease Purchase Agreement and Lease Purchase Agreement No. 1000033216 and requested Board approval and the Chair's signature; this Resolution and Agreement are for the purpose of leasing equipment from Documatrix Corporation for the Clerk and Recorder's Office and have been approved as to form by the County Attorney.

M O T I O N

Commissioner Disney moved that the Board adopt the Resolution Authorizing Acceptance of Lease-Purchase Agreement to lease equipment for the Clerk and Recorder's Office.

Motion carried 2 - 0.

R94-66g RESOLUTION AUTHORIZING ACCEPTANCE OF LEASE-

PURCHASE AGREEMENT

M O T I O N

Commissioner Disney moved that the Board approve the Lease-Purchase Agreement No. 1000033216 between the Board of County Commissioners and Documatrix Corporation for the purpose of leasing equipment for the Clerk and Recorder's Office.

Motion carried 2 - 0.

A94-108 LEASE-PURCHASE AGREEMENT NO. 1000033216 BETWEEN

THE BOARD OF COUNTY COMMISSIONERS AND DOCUMATRIX

CORPORATION (Equipment Lease for Clerk & Recorder's Office)

1. COUNTY AFFIRMATIVE ACTION POLICY: Mr. Jacobs provided the Board with a practical administrative perspective on affirmative action and noted that the County is being pressed by the State Division of Mental Health and the State Social Services Department to develop more formal affirmative action plans for the Mental Health Center and the Social Services Department. Mr. Jacobs stated that the County has a good affirmative action policy and it has been fairly successful; however, it is necessary to update the plan through a detailed statistical analysis and to review the particulars of the plan with reference to the County's contractual obligations. Mr. Jacobs recommended that the County contract with the Mountain State Employers Council to do a detailed statistical evaluation of the County workforce; the initial cost for the County-wide Affirmative Action Plan Development is $3,500 and annual updates to the Plan would be $1,750. The 1994 Personnel Department Budget does not have the $3,500 for this statistical evaluation; therefore, Mr. Jacobs requested an additional appropriation to his Budget for this expenditure. Chair Duvall requested that the Affirmative Action be considered by the Diversity Task Force Group; Commissioner Disney also suggested that information gained from the Internal Survey be included in considerations by the Group.

M O T I O N

Commissioner Disney moved that the Board authorize the expenditure of $3,500 as a supplement to the 1994 Personnel Department Budget for the purpose of contracting with the Mountain States Employers Council for a statistical evaluation of the County's workforce; funds to be derived from the 1993 Carry Over.

Motion carried 2 - 0.

2. PAY PLAN/CLASSIFICATION CONCERNS: Mr. Jacobs noted that this is the time of the year when departments come to the Board with classification proposals and pay plan changes. Mr. Jacobs stated that if these items are considered individually, and not looked at collectively in an aggregate way, they can really disrupt the County Pay Plan and Classification Plan and he would greatly appreciate the Board letting him know of these proposals and changes in order for him to work with the departments and attempt to retain a coherent Pay Plan in the County.

M O T I O N

Commissioner Disney moved that the Board go into Executive Session to discuss a personnel matter.

Motion carried 2 - 0.

The meeting adjourned at 3:15 p.m.; no action taken.



______________________________________

JIM DISNEY, CHAIR PRO-TEM

BOARD OF COUNTY COMMISSIONERS

ATTEST:

( S E A L )



_________________________________________

Sherry E. Graves, Deputy County Clerk

June 14, 1994