PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS
TUESDAY, JANUARY 19, 1993
MEETING TO DISCUSS OPEN MEETING ISSUES
(#132 @ 350)
The Board of County Commissioners met at 9:30 a.m. in regular session
with George Hass, County Attorney. Chairman Hotchkiss presided;
Commissioners Disney and Duvall were present. Also present was Bill
Gordon, County Administrator. Recording Clerk, S. Graves.
The Board congratulated the Larimer County Assessor, Steve Miller, for
being chosen "Assessor of the Year" by the Colorado Assessor's
Association.
After reviewing the Open Meetings Law, S24-6-401 C.R.S., Mr. Hass noted
that the definition of a "meeting" is any kind of gathering convened to
discuss public business" and full and timely notice to the public must
be given of such meetings. Further, the Colorado Sunshine Law states
that "public policy is public business and may not be conducted in
secret". But, when the Board is together for a purpose other than
conducting public business; i.e., carpooling, etc., the incidental
discussion of a public issue will not offend the Open Meetings Law.
However, Mr. Hass stated that the legislative declaration for open
meetings is directed to the formation of policy, not to the performance
of administrative functions. The Statute further states that the
administrative staff of local public bodies are excluded from the Open
Meetings Law. Since the Board of County Commissioners performs policy
making and administrative functions, application of the law to all
Commissioner actions becomes ambiguous. Therefore, Mr. Hass recommended
the Board exercise caution when determining if a meeting should be
conducted in open or closed executive session. Executive sessions and
their purpose must be announced. The general subjects of Executive
Sessions include: Discussions about acquisition or sale of property,
attorney conferences about specific legal issues, determining and
developing negotiating strategy, personnel matters, and consideration of
matters or documents required to be kept confidential by other laws. No
final action can be taken in an Executive Session.
Further discussion continued regarding the Board's position with the IGA
(Intergovernmental Agreement) with the City of Loveland and the proposed
Water Park in Loveland. Mr. Hass stated that Larimer County and the
City of Loveland must be in agreement on decisions involving an area
within the IGA. It was generally agreed among the Board members that
the IGA should be reconsidered and possibly amended to allow the County
to have more input concerning an area about to be annexed if an impact
on adjacent property owners will be realized.
Mr. Hass submitted written documentation to Commissioner Duvall stating
it is appropriate for Ms. Duvall's husband to remain on the Board of the
LaPorte Area Advisory Committee, as queried by Commissioner Duvall last
week.
The meeting recessed at 10:50 a.m.
BRIEFING ON URBAN DISTRICT MEETING
(#13)
The Board of County Commissioners reconvened at 1:30 p.m. in regular
session with Bill Gordon, County Administrator. Chairman Hotchkiss
presided; Commissioners Disney and Duvall were present. Recording
Clerk, S. Graves.
Commissioners Disney and Duvall briefed Chairman Hotchkiss on the Urban
District Meeting they attended last week. Commissioner Disney reported
that a key contact Commissioner is to be selected from each County
within the Urban District to participate in conference calls and to
provide a quick response establishing the viewpoint of the majority of
the Board and the County's position on any particular subject. To
achieve this, electronic voting or FAX will be utilized. The
possibility of joining County Link was discussed and Mr. Gordon will
determine what the cost would be to join. After discussion, Chairman
Hotchkiss appointed Commissioner Duvall to be the key contact
Commissioner and Commissioner Disney will act as proxy in her absence.
Other items presented at the Urban District Meeting were also discussed.
M O T I O N
Commissioner Duvall moved that the Board of County Commissioners
dissolve into the Board of Social Services for a meeting with Doug
Keasling, Director of Social Services.
Motion carried 3 - 0.
The meeting recessed at 2:00 p.m.
PUBLIC WORKS STANDING MEETING
(#13 @ 1365)
The Board of County Commissioners reconvened at 3:00 p.m. in regular
session with Rex Smith, Director of Public Works. Chairman Hotchkiss
presided; Commissioners Disney and Duvall were present. Also present
were: Elaine Spencer, Director of General Engineering Services; John
Barnett, Director of Planning; Russ Legg, Development Processing
Administrator; Judy Wade, Resident Prairie Divide Road; and Bill Gordon,
County Administrator. Recording Clerk, S. Graves.
1. REQUEST FOR WINTER MAINTENANCE ON COUNTY ROAD 179: Ms. Wade
requested snow removal for a two-mile section of County Road 179 off
Cherokee Park Road onto Prairie Divide Road up to the Elk Meadows Road
Association portion of the road. Mr. Smith noted that since the early
1980's, this road has been signed "Larimer County is not responsible for
winter maintenance of this road". After considerable discussion,
CONSENSUS OF THE BOARD was to deny this request for snow removal on
County Road 179.
2. UPDATE ON COUNTY ROAD 9 NORTH OF U.S. 34: Mr. Smith provided the
background information on County Road 9 noting that in 1986 the City of
Loveland asked Larimer County to share in the cost of designing
improvements for County Road 9. Larimer County agreed, the improvements
were designed, and money set aside. Subsequently, as this area was up
for annexation, the money designated for County Road 9 was used to
improve Wilson Avenue. Mr. Smith stated that the developer will do the
road improvements from Highway 34 past the Water Park, and everything
north of Boyd Lake is in the City of Loveland. There is a 56-acre
stretch of County Road 9 which does not have a proposed use at this time
and, therefore, no road improvements scheduled. The County residents in
this area are concerned about the increased traffic impact. Mr. Smith
noted that development in this 56-acre stretch will soon alleviate their
concerns. A traffic impact study of the area was taken and Ms. Spencer
stated that presently there are 1500 car trips per day on County Road 9
and it is expected the water park will only create an additional 40
trips per day, and will not create a significant impact.
Mr. Barnett presented a letter containing the findings and comments of
the Larimer County Planning Staff regarding the proposed water park and
its impact on County Road 9; this letter to be presented at the Loveland
City Council Meeting tonight. Mr. Barnett requested Board approval and
the Chairman's signature. Commissioner Duvall expressed concern that
the County residents north of this proposed water park are not being
heard and recommended this matter be reviewed by the Larimer County
Planning Commission to afford the residents an opportunity to have their
concerns heard and addressed. To accommodate this suggestion, it would
be necessary for the Loveland City Council to postpone their meeting
scheduled for tonight. Commissioner Disney was not comfortable with
this suggestion, as he felt the residents' concerns were addressed and
heard at the last four-hour City Council Meeting. Chairman Hotchkiss
agreed with Commissioner Disney, but indicated that in the future the
County intends to review the Intergovernmental Agreement and be more
involved in decisions regarding annexation and proposed development.
The letter presented by Mr. Barnett for Board approval was amended and
an extra paragraph added stating the Board has not examined in detail
any issues associated with the water park other than the potential
impacts on County Road 9, and the Board appreciates the City Council's
willingness to encourage County residents to participate in the public
hearing process.
The meeting adjourned at 4:20 p.m.
WEDNESDAY, JANUARY 20, 1993
ADMINISTRATIVE MATTERS
(#21)
The Board of County Commissioners met at 9:30 a.m. in regular session
with Bill Gordon, County Administrator. Chairman Hotchkiss presided;
Commissioners Disney and Duvall were present. Also present were: Ralph
Jacobs, Director of Personnel; and Patsi Maroney, Compensation and
Benefits Specialist. Recording Clerk, S. Graves.
1. REQUEST FOR APPROVAL AND SIGNATURE ON THE 1993 RENEWAL FOR TAKECARE
COLORADO AND THE 1993 RENEWAL FOR THE CASE MANAGEMENT/PREADMISSION
CERTIFICATION PROGRAM WITH BYERLY & COMPANY: Mr. Jacobs requested Board
approval and the Chairman's signature on two documents and noted that
the TakeCare Colorado renewal reflects a 7.39% rate increase and the
Case Management/Pre-Admission Certification Contract renewal reflects a
6.06% rate increase for 1993. Both documents have been "approved as to
form" by Marla Hehn, Assistant County Attorney. It was suggested that
the Case Management/Preadmission Certification Contracts be put out for
bid next year.
M O T I O N
Commissioner Disney moved that the Board approve and the Chairman sign
the 1993 Renewal for TakeCare Colorado and the Agreement Concerning Case
Management and Pre-Admission Certification Program with Byerly and
Company.
Motion carried 3 - 0.
A93-13 AGREEMENT CONCERNING CASE MANAGEMENT AND PRE-ADMISSION
CERTIFICATION PROGRAM BETWEEN THE BOARD OF COUNTY
COMMISSIONERS AND BYERLY AND COMPANY, INC.
2. APPOINTMENTS TO THE EXTENSION ADVISORY COMMITTEE: The Extension
Advisory Committee has recommended that Jean Thomas and Rita Bennett be
appointed to the Extension Advisory Committee for three-year terms to
fill two existing vacancies.
M O TI O N
Commissioner Disney moved that the Board appoint Jean Thomas and Rita
Bennett to the Extension Advisory Committee for three-year terms
beginning January 1, 1993 and ending December 31, 1995.
Motion carried 3 - 0.
3. REAPPOINTMENT TO THE COMMUNITY ACTION BOARD:
M O T I O N
Commissioner Disney moved that the Board reappoint Gary Carnes to the
Community Action Board for a three-year term from January 1, 1993 until
December 31, 1995.
Motion carried 3 - 0.
4. REAPPOINTMENTS TO THE HOUSING ADVISORY BOARD:
M O T I O N
Commissioner Disney moved that the Board make the following
reappointments to the Housing Advisory Board: Chris Zell for a one-year
term ending December 31, 1993; Vern Sunset and Gary Hageman for a
two-year term ending December 31, 1994; and Dick Strachan and Connie
Ludwig for three-year terms ending December 31, 1995.
Motion carried 3 - 0.
5. WORKSESSION:
-- ISTEA WORKSHOP IN DENVER FEBRUARY 8 & 9, 1993: The ISTEA (Intermodal
Surface Transportation Efficiency Act) Workshop in Denver on February 8
& 9 begins at 7:30 a.m. and Commissioners Disney and Duvall plan to
attend. As the regular land-use matters meeting is scheduled for
February 8, and two Commissioners are required to attend, Commissioner
Duvall will go to Denver early and Commissioner Disney will follow after
the regularly scheduled land-use matters meeting.
-- THREE INVITATIONS ON FEBRUARY 19, 1993: Mr. Gordon noted that the
Commissioners have three invitations for February 19, 1993: North
American Free Trade Agreement Meeting in Denver hosted by Governor
Romer; ISTEA Transportation and Planning for Livable Communities in
Boulder for two days; and a Glacier View Meadows Meeting. Mr. Gordon
will prepare a memo containing more information about the invitations to
facilitate the Board in deciding which meeting to attend.
-- REQUEST FOR APPROVAL OF BY-LAW CHANGES FOR COMMUNITY ACTION BOARD:
Ms. Rena Mackrill, Human Development Director, submitted eight proposed
by-law changes for the Community Action Board and requested Board
approval and the Chairman's signature.
M O T I O N
Commissioner Disney moved that the Board approve the eight by-law
changes for the Community Action Board, as recommended by Ms. Mackrill,
and authorized the Chairman to sign same.
Motion carried 3 - 0.
-- NOTE OF CONGRATULATIONS TO BILL KAUFMAN: CONSENSUS OF THE BOARD was
to send a note of congratulations to Bill Kaufman on his appointment to
Representative for House District 51.
-- LOVELAND WATER PARK APPROVAL: Commissioner Disney reported that the
Loveland Water Park at Highway 34 & County Road 9 was approved by the
Loveland City Council Meeting last night by a vote of 8 - 0.
6. DOCUMENT REVIEW: The following documents, of a routine nature,
were considered by the Board:
MINUTES/AGENDA
M O T I O N
Commissioner Duvall moved that the Board approve the Minutes for the
week of January 11, 1993, and the Agenda for the week of January 25,
1993, as submitted.
Motion carried 3 - 0.
M O T I O N
Commissioner Duvall moved that the Board approve the Brekke Minor
Residential Development Plat.
Motion carried 3 - 0.
LIQUOR LICENSES: County Approval was granted to Sundance Steak House &
Country Club - 6% - Fort Collins, CO.
M O T I O N
Commissioner Duvall moved that the Board approve the following document:
A93-14 SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY
COMMISSIONERS AND JERALD R. BREKKE FOR THE BREKKE MINOR
RESIDENTIAL DEVELOPMENT
Motion carried 3 - 0.
The meeting adjourned at 10:30 a.m.
___________________________________
COURTLYN W. HOTCHKISS, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
S E A L )
ATTEST:
_____________________________________
Sherry E. Graves, Deputy County Clerk
