> Meetings & Minutes > 1995 Minutes

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, FEBRUARY 27, 1995

SUBDIVISIONS

(#218)

The Board of County Commissioners met at 9:00 a.m. in regular session with John Barnett, Director of Planning. Chair Disney presided and Commissioner Duvall was present; Commissioner Clarke was absent. Also present were: Richael Michels and Rob Helmick, Planners; Al Kadera, Subdivision Administrator; Rex Burns, Elaine Spencer, and Harry Lynam, Engineering Department; Jerry Blehm, Environmental Health; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Chair Disney noted that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience.

1. JOHANNSEN-TROTTER MINOR RESIDENTIAL DEVELOPMENT

(#94-EX0559): NW 17-08-68; EAST SIDE OF COUNTY ROAD 11,

1/4 MILE SOUTH OF COLORADO HIGHWAY 1; 10.71 ACRES;

2 LOTS; O-OPEN ZONING (02-27-95)

This is a request to divide 10.7 acres into two parcels of 4.0 acres and 6.7 acres with an existing house. Staff Findings include: 1) This proposed Minor Residential Development appears compatible with the surrounding land uses and future development plans for the area in which it is located; 2) The Larimer County Health and Engineering Departments, as well as other reviewing agencies, have reviewed this proposal and have stated no objections to it; 3) This proposal has been granted a lot size variance by the Board of Adjustment to create a lot which is smaller than the minimum lot size for the zoning district; 4) The approval of this subdivision, with certain conditions, should not adversely affect the health, safety, or welfare of existing residents.

The Staff Recommendation is for approval of the Johannsen-Trotter Minor Residential Development, with the following conditions: 1) Additional right-of-way must be shown on the Final Plat, with a total of 35' half right-of-way; 2) An access permit is required with verified horizontal and vertical sight distance; 3) A drainage report and plan must be submitted and approved by County Engineering prior to recording the Final Plat; 4) The following notes must be placed on the Final Plat: a) Uses of this property are limited to single-family residential and accessory uses; b) All utilities must be installed underground; c) An engineered septic will be required for Lot 2; d) Wildlife may be a nuisance and cause damage; measures should be taken by property owners to reduce the potential for conflicts. The State Division of Wildlife will not remove nuisance animals or be responsible for any damage caused by wildlife; e) A Section 2.8 Off-site Road fee of $1,530 will be required at building permit for Lot 2; f) Park fees will be collected for Lot 2 at the time of building permit; g) Engineered footings and foundations are required for any new residential construction on these lots; h) Radon testing must be conducted on Lot 2 and the results submitted prior to the issuance of a Certificate of Occupancy for new residential construction.

2. NAMAQUA HILLS AMENDED PLAT OF LOTS 39 AND 40 (#95-SA0647):

08-05-69; 4205 FIREROCK PLACE, WEST OF LOVELAND; .91 ACRES;

2 LOTS; FA-1 FARMING ZONING (02-27-95).

This is a request to move a common lot line about 20 feet to provide a larger rear yard for an existing house on Lot 1. Staff Findings are: 1) Namaqua Hills Subdivision was originally approved in 1962; 2) This Amended Plat has been reviewed by the County Health and Engineering Departments, as well as all utilities serving this area; there were no objections noted; 3) Approval of the Amended Plat, as proposed, will not leave any lot without access or utility services; 4) Approval of the Amended Plat will not preclude building on Lot Two. The Staff Recommendation is for approval of the Amended Plat of Lots 39 and 40, Namaqua Hills Subdivision.

3. LINDACRE MINOR RESIDENTIAL DEVELOPMENT (#94-EX0488):

NW 1/4 14-05-69; NORTHWEST OF THE INTERSECTION OF COLORADO

AVENUE AND WEST 10TH STREET IN THE CITY OF LOVELAND,

1/8 MILE SOUTH OF U.S. HIGHWAY 34; 1.24 ACRES; 3 LOTS;

R1-RESIDENTIAL ZONING (02-27-95).

This is a request to divide 1.24 acres, with one existing residence, into three lots of 0.2, 0.26, and 0.78. Staff Findings include: 1) Development of the site should be governed by the regulations of the City of Loveland since the site is surrounded by the city limits; 2) The applicant has agreed to sign an annexation agreement; 3) The applicant has agreed that no development or building will occur on Tract B until the site is annexed to the City of Loveland; 4) Approval of the MLD will allow the applicant to deal with certain financial obligations concerning the existing dwelling on Tract A.

The Staff Recommendation is for approval of a Minor Land Division on this site, with the following conditions: 1) The applicant shall sign an annexation agreement which will be recorded with the Final Plat; 2) A note shall appear on the Final Plat to indicate that no building permits shall be issued for Tract B until the site is annexed to the City of Loveland.

M O T I O N

Commissioner Duvall moved that the Board adopt the Staff Findings and Staff Recommendations and approve the Johannsen-Trotter Minor Residential Development (#94-EX0559); Namaqua Hills Amended Plat of Lots 39 and 40 (#95-SA0647); and the Lindacre Minor Residential Development (#94-EX0488); each, with the conditions as outlined.

Motion carried 2 - 0.

At this time, Commissioner Clarke joined the meeting.

4. MADRID SUBDIVISION (#94-SU0439): E 1/2 31 AND W 1/2, 32-04-69;

ON THE EAST SIDE OF COUNTY ROAD 23E ABOUT 1/4 MILE SOUTH

OF COUNTY ROAD 4 ON THE LARIMER-BOULDER COUNTY LINE;

122.02 ACRES; 22 LOTS; FA-1 FARMING ZONING (02-27-95).

This is a request to divide 123 acres into 22 lots of 2.296 acres for single family dwellings, with 63 acres of open space which includes a 38.8 acre reservoir. Ms. Michels provided the area analysis and project description and reviewed the major concerns and issues. Staff Findings are: 1) The soils present on this site have severe limitations for the construction of on-lot septic systems and the applicant has not clearly demonstrated that the minimum technical requirements of the Larimer County Water, Sewer and Fire Safety Standards and Procedures Manual can be met; 2) Approval of lots which propose to utilize septics on poor soil and to utilize private roads is not in the best interests of the County or of the health, safety and welfare of its residents; 3) The proposed subdivision does not appear to meet the criteria of the Larimer County Comprehensive Land Use Plan; 4) The proposed subdivision is in an area identified by the Division of Wildlife and the County Parks Department as valuable wildlife habitat. This proposal has not addressed the protection or continuance of this habitat. The Staff/Planning Commission Recommendation is for denial of the Madrid Subdivision.

It was noted for the record that the applicant for the Madrid Subdivision was not present for today's hearing. The following two adjacent property owners addressed the Board in opposition to the proposal: Gary Wenzinger and Wanda Concrite. Their concerns were with regard to the increased traffic which would be generated on County Road 23, density proposed is too high and not compatible with all the surrounding subdivisions, septic sewer problems, wildlife, and overcrowding in the schools.

M O T I O N

Commissioner Clarke moved that the Board adopt the Staff Findings and Staff/Planning Commission Recommendation and deny the Madrid Subdivision (#94-SU0439),

Motion carried 3 - 0.

The meeting recessed at 9:30 a.m.

LIQUOR LICENSE HEARING FOR AL'S LIQUOR

(#218 @ 1200)

The Board of County Commissioners reconvened at 1:30 p.m. for a Liquor License Hearing for Al's Liquor. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: County Attorney George Hass, and County Manager Frank Lancaster. Recording Clerk, S. Graves.

Mr. Hass noted that the application being reviewed today is for a package liquor store to be located at 5918 1/2 Lakeview Drive, Fort Collins, Colorado. Following a review of the contents of the application file by Mr. Hass, applicant Alan Evans was sworn in and questioned. Mr. Evans made a presentation concerning the application, including clarifications required during the review of the file. Mr. Evans submitted several packets of petitions from persons in support of this license, and pictures of the posting for notification of today's hearing. Mr. Hass noted that a packet of petitions in opposition was also submitted to the Board from the neighbors in close proximity to the proposed establishment, as well as several letters in opposition.

Catherine Ferrere addressed the Board in support of the application; she noted that she has owned and operated the Horsetooth Inn for approximately two years and has had many requests from customers to purchase liquor to take out, which she could not do, and she feels there is a need in the area for a liquor store. Larry Oligmueller, adjacent property owner and the holder of a 3.2% beer license for "The Store" in this neighborhood, noted there has been trouble in the park, which is located across the street, and he feels there will be more trouble if this license is allowed. Mr. Oligmueller personally went to the immediate neighbors about this application and they were all shocked about the possibility of a liquor store in the area and very much against it. Discussion followed.

Commissioner Clarke noted that the Larimer County Parks and Recreation Rules and Regulations do not allow hard liquor in parks, and if this license is granted, it will increase the possibility of hard liquor being consumed in the park.

M O T I O N

Commissioner Duvall moved that the Board deny the application for a 6% Retail Liquor Store License made by Alan Evans, dba Al's Liquor Store, to be located at 5918 1/2 Lakeview Drive, Fort Collins, Colorado, based on the evidence presented that the immediate neighbors do not want this license granted.

Motion carried 3 - 0.

The meeting recessed at 2:20 p.m.


WORKSESSION ON WILDLAND FIRE MITIGATION AND ACCESS

(#219)

The Board of County Commissioners reconvened at 2:25 p.m. in regular session with Cpl. Don Griffith, Emergency Services. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: Sgt. Bill Nelson of Emergency Operations; Brice Miller, Building Official; and Frank Lancaster, County Manager. Recording Clerk, S. Graves.

Cpl. Griffith informed the Board that in proposing criteria for defensible space for residential development in Larimer County, a variety of proposals and information currently available to the public in various counties throughout Colorado were reviewed, as well as information from the Colorado State Forest Service. During the course of this investigation, it became evident that recommendations currently available support the concept of a 35 to 50 foot area around the home would provide a "defensible" space for fire suppression resources to work safely if the structure was threatened by wild land fire. Cpl. Griffith noted that the changes being proposed would be more proactive and establish an area that may allow the structure to stand on its own if fire equipment and personnel were unable to reach the structure, or fire conditions are too hazardous to make a stand near the structure. However, Cpl. Griffith emphasized that no amount of work will ever make a structure completely "fire proof" given the extreme and intense conditons that can occur during a serious fire; the guidelines proposed will only give homes a "better chance" of survival if they are implemented. Also, unless the proposed changes are combined with changes in the Larimer County building code, it will not provide the level of protection that it should.

Cpl. Griffith presented an outline of the proposed changes, which included a number of changes to the standing building code and fire safety code with regard to access, water supply, exterior construction, and defensable space. Cpl. Griffith noted that the biggest change in those areas would be the access requirement, which is quite extensive; he also reviewed a Points Evaluation System which was developed for obtaining permits for additions, construction in established areas, etc. A third part of this proposal would be that a Hazard Letter for Homeowners will be given out to the homeowners along with educational material, and the fourth part of the critera for defensible space will be presentation of the package to the public. Cpl. Griffith stated that these code changes would apply to all new construction, whether in a subdivision or on a 35-acre tract.

Chair Disney asked if an incentive program is being considered to encourage owners of established homes and cabins to do something about defensable space; Cpl. Griffith stated that the insurance companies are beginning to show an interest, but as yet are not offering an incentive package. Commissioner Clarke suggested that an approach be taken to protect the forest from the people--if the forest catches on fire, the people will be responsible if they have not taken defensible space measures. Commissioner Duvall suggested a policy be drafted, which homeowners would agree to, whereby they would not be held responsible if they have taken the prescribed preventive measures.

Sgt. Nelson stated they are here today to inform the Commissioners of the proposed changes for defensible space and to receive their input, pro and con, about the proposed changes. The Board indicated their approval of the proposed changes and recommended that Cpl. Griffith and Sgt. Nelson talk to the County Attorney about incorporating the changes into a policy. Cpl. Griffith noted that they are also working closing with the Colorado State Forest Service on this proposal and they anticipate having the proposed changes incorporated into policy by the Fall of 1995.

The meeting adjourned at 3:15 p.m.

TUESDAY, FEBRUARY 28, 1995

STANDING MEETING WITH

EMPLOYMENT & TRAINING SERVICES (ETS)

(#220)

The Commissioners met at 9:30 a.m. in regular session with Joni Friedman, Director of Employment & Training Services. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: Lew Wymisner, Program Support Manager; Connie Pfeiffenberger, Private Industry Council; Neil Gluckman, Assistant County Manager; and Frank Lancaster, County Manager. Recording Clerk, W. Gebauer.

1. Update on Federal Legislation Impacting Job Training Partnership Act: Ms. Friedman introduced Ms. Pfeiffenberger, former chairperson of the Private Industry Council (PIC), who attended the meeting because the current PIC chairperson was unable to attend. Ms. Friedman noted that there are current legislative proposals in Congress to greatly reduce or eliminate funding for the Job Training Partnership Act. She added, however, that if Congress passes this legislation, it would probably not take effect until 1996. Of more immediate concern, according to Ms. Friedman, are Congressional proposals to rescind the previously approved 1995 funding for the Summer Youth Employment and Training Program. The Summer Youth Employment Program has been active in Larimer County since 1975, and serves participants between the ages of 14 and 21. The program includes academic testing, training, summer job placement, Operation Brightside, the Upward Bound program for potential first generation college students, and the Conservation Corps, among other summer programs. The summer program receives approximately 50% of the Youth Programs budget. If Congress rescinds the current summer funding of $240,000, it may effectively eliminate the separate youth program, and would remove approximately 150 summer youth jobs. Ms. Friedman stated that the County could attempt to seek other sources of funding, or ETS could reduce staff or services. Ms. Friedman noted, however, that it is late in the funding cycle of most agencies to attempt to seek such a large amount of money. Ms. Friedman also stated that the County could achieve some cost savings by the further specialization of services between the various health and human services divisions. Ms. Friedman presented to the Board for their consideration a draft of a letter to Representative Wayne Allard asking for his assistance in maintaining the current funding.

Ms. Pfeiffenberger noted that ETS targets the summer programs for high-risk youth. Programs such as Operation Brightside and the conservation corps encourage young people to obtain further training and to avoid becoming dependent on welfare services. Ms. Friedman added that many of the young people served by the programs are not in the mainstream, including at-risk, handicapped, and some low-income youths, and are not viable prospects for most private sector jobs. Also, she noted that many participants need to seek employment in order to meet court-ordered restitution payments. Ms. Friedman stated that the County is able to provide many of these services more efficiently than other agencies because of the coordination of such youth programs with other health and human services programs.

Commissioner Clarke asked Ms. Friedman to clarify the type of employment offered in the Summer Youth Program, and to explain how these programs differ from other youth employment efforts such as DECCA and PACE. Ms. Friedman replied that most of the jobs pay the minimum wage and include a very broad range of types of work. While most of the participants are in the school system, about 20% have left school and are not eligible for such programs as PACE. Also, the Summer Youth Programs are available to 14 and 15 year-old youth, who are too young for the school programs. Finally, Ms. Friedman said that the increasing emphasis on academics in the school systems has meant that the schools themselves cannot adequately address other problems of high-risk youth. Ms. Friedman stated that ETS uses approximately 20% of the funding for administration, and that the current funding is approximately half of the $400,000 to $500,000 funding that was available a few years ago. Ms. Pfeiffenberger noted that the Poudre R-1 Advisory Council for Development and Project Services, which deals with vocational education issues, is now a subcommittee of the Private Industry Council (PIC). She added that Larimer County is far ahead of most national programs in the efficiency and effectiveness of the County's employment and training services.

Commissioner Duvall stated that it may be important to take a new approach to the implementation of such programs, and that such innovation may reduce the dependency on federal funds. Ms. Friedman agreed, but she hoped that Congress would not completely eliminate federal funding, because she feared that local non-profit agencies will not be able to make up difference. Chair Disney noted that it is difficult to explain how many young people have avoided later socioeconomic problems and welfare assistance because of such preventative efforts as the Summer Youth Program. He suggested that ETS add statistics to supplement the letter to Representative Allard. Commissioner Clarke agreed that the letter should be more specific, and suggested that it should emphasize the proposed cutbacks in the plans that are already underway for this year. He also suggested that the letter note the 85 to 95% success rate for such programs in Larimer County. The Board asked Ms. Friedman to provide a revised draft of the letter to Representative Allard, and the Board agreed that all of the Commissioners should sign said letter.

2. Update on Larimer County ETS Programs: Ms. Friedman stated that ETS had a very successful year, in spite of previous funding cuts. Employers have received the Older Worker Program very well, and it pleased Ms. Friedman to announce that the program, which has a 100% placement rate, is becoming a national model for programs of this type. She attributed much of this success to an excellent counselor and the encouragement of the Estes Park Holiday Inn, several nursing homes, and other area employers. She added that the average salary for graduates of the Older Worker Program was $7.12 and hour, which is significantly higher than ETS had initially estimated.

Commissioner Clarke noted the success of the adult programs and the welfare retraining programs. Mr. Wymisner stated that these programs work very well in Larimer County, and that much of the pressure to eliminate such programs comes from the failure of governments elsewhere to manage them effectively. Ms. Friedman noted that ETS programs are some of the few social programs with performance standards built into the enabling legislation. Chair Disney stated that the proposal to switch to block grants may involve high administrative costs at the federal and state level. Ms. Pfeiffenberger said that the County is almost penalized for its success because of the perception that other programs in the State are in greater need of funding. She also emphasized that the cost per person rises with the budget costs. Mr. Wymisner noted that the funding formula is based on the rate of unemployment, and that many of the people served by ETS do not show up in such statistics.

Chair Disney asked if ETS has ever spoken directly with Representative Allard about their concerns. Ms. Friedman replied that there has been some contact previously, but that they have not discussed the concerns in detail. The Board agreed to communicate directly with Representative Allard in some manner about the funding concerns.

3. Enterprise Zone Update: Mr. Wymisner stated that ETS is currently waiting on the state legislature to consider several proposals to add or delete current provisions from the enterprise zone legislation. The enterprise zone legislation was first passed in 1986, and was modified in 1990 and 1994. ETS is working on an economic development plan, which should take the better part of the year to complete. This plan will provide a detailed rationale behind the creation of the zones and the contribution methods available. Mr. Wymisner stated that there has been significant interest in the enterprise zones, and that John Knezovich, a local accountant, has been very helpful to ETS regarding the tax implications of the zones. In addition to making several presentations recently in Wellington, ETS has prepared a new video and booklet, which Mr. Wymisner presented to the Board. The video explains how the tax credits work, and several accounting firms have requested copies in order to assist their clients with their enterprise zone contributions and credits. The Department of Local Affairs provided the resources for the video, and they will also provide funding for the September Symposium. In return, ETS is making the videotape available throughout the state.

Commissioner Duvall asked if the County could use the enterprise zone to build and remodel the courthouse facilities. Mr. Wymisner replied that the County itself could not use the enterprise zone, because one must first have a tax liability in order to make use of the tax credits. However, private contributors to the facilities may be able to use the enterprise zone tax credits. Chair Disney noted that the enterprise zone may be particularly significant if the County arranges a partnership with a private business or agency for the new facilities.

Chair Disney asked if there might be any arrangements in the Berthoud and Loveland areas equivalent to the one used for the Children's Clinic. Mr. Wymisner stated that there probably are similar agencies that could possibly use the enterprise zones. However, he cautioned that the Board should consider the Children's Clinic proposal to be a pilot project in the sense that it is using enterprise zone credits differently from the traditional uses. Therefore, ETS is waiting to see how the State responds to the Children's Clinic proposal, which may come in December, before pursuing other options. Mr. Wymisner stated that the State would like to see the enterprise zone plan in about three months. The economic development plan will probably not be ready until next year because of the high amount of input required.

The meeting recessed at 10:25 a.m.

STANDING MEETING WITH

HEALTH & HUMAN SERVICES COUNCIL

(#221)

The Board reconvened in regular session at 10:30 a.m. with the Health & Human Services (HHS) Council. Chair Disney presided, Commissioners Duvall and Clarke were present. Also present were: Paul H. Cooper, Community Corrections; Joni Friedman, Employment & Training Services; Dr. Adrienne LeBailly, Health Department; Diane Martell, Interim Human Development Director; Dr. Keith F. Olson, Mental Health; Doug Keasling, Social Services; Ginny Riley, Incoming Human Development Director; Neil Gluckman, Assistant County Manager; and Frank Lancaster, County Manager. Recording Clerk, W. Gebauer.

Dr. Olson presented to the Board a report on the ways in the which the Division of Health and Human Services might work together more effectively. Dr. Olson stated that the HHS Council had held facilitated meetings in order to discuss whether the agencies should have a division leader. They also discussed other possible arrangements, such as creating a self-directed work team. The report outlined the current situation and the Board's concerns, as well as advantages and disadvantages in creating a position for a Division Director. The Council agreed that there are points in favor of creating a Division Director position at this time. However, Dr. Olson stated that it was also the consensus of the Council that it would be best to delay the decision. This would allow them to work together on the issue for a while longer so that they could adequately address all alternatives. In addition, Dr. Olson noted that there are currently several proposals in Congress that may necessitate the restructuring of the HHS departments. Therefore, it may be prudent to delay a decision until the County knows the effects of these changes.

Commissioner Duvall asked the council to explain how a self-directed work team would differ from the current structure. Ms. Friedman replied that a work team should be more focused than a committee, with common goals and a more definite direction. Chair Disney stated that the coordination between departments is very important, and that the lack of such coordination is a primary reason why the Board asked HHS to address the question of division leadership. Discussion followed about different means of coordinating the various HHS programs.

Mr. Gluckman stated that, if the Board agreed to give the Council more time, the Board should also set some deadline and some specific goals to be met by that date. Commissioner Clarke stated that it would be desirable to eliminate a level of bureaucracy and have the HHS departments share some resources if possible. Mr. Lancaster noted that a training session for self-directed work teams is available on April 25, and he suggested that the Council may find this training useful. In response to a question from Chair Disney, Mr. Lancaster replied that a deadline of July 1 might be reasonable for a more detailed proposal from the Council. Commissioner Duvall stated that the Board itself needs to clarify its goals and expectations of a reorganization of the HHS departments. The Board agreed to discuss these goals and expectations during the March 9 policy worksession, and Commissioner Duvall will seek greater public input on the proposals.

In an unrelated matter, Dr. Olson informed the Board that the State House of Representatives will be hearing HB1321. The Board expressed great concern about HB1321, and noted that there is strong opposition to the bill at Colorado Counties Inc. (CCI). Therefore, the Board agreed that Commissioner Clarke shall call Sen. Schaffer and express the County's concerns, and Mr. Lancaster will draft a letter on HB1321 for the Board's consideration.

The meeting recessed at 11:20 p.m.

UPDATE ON GROUNDWATER ISSUES

AT THE LARIMER COUNTY LANDFILL

(#222)

The Board of County Commissioners reconvened at 2:00 p.m. in regular session with Janelle Henderson, Natural Resources Director. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: Susanne Cordery-Cotter, Project Manager for Stewart Environmental Consultants, Inc.; Rex Smith, Director of Public Works; and Frank Lancaster, County Manager. Recording Clerk, S. Graves.

Ms. Henderson provided the Board with an update on groundwater contamination emanating from the Larimer County Landfill. Ms. Cordery-Cotter presented slides to the Board to review the situation at the landfill, and noted this same slide show will be presented to homeowners' associations, elected officials, the Chamber of Commerce, etc. to give them an overview and knowledge of the situation. Ms. Cordery-Cotter reviewed the history of the landfill, noting that operations began in 1963; in the early 1970's, with the advent of this country's first environmental laws and heightened awareness of potential for harming our environment, operations were adjusted at the landfill to reduce the chances for contaminating the environment. Ms. Cordery-Cotter noted, however, that before we knew enough, toxic wastes were brought to the landfill and not separated out and have been seeping into the soil and groundwater at the northeast corner of the landfill, with some release of solvents into Fossil Creek.

Ms. Henderson stated the county took over operations of the landfill in 1976 and has been monitoring the groundwater since 1980, which means that the landfill operated for 20 years before any state or federal regulations came into effect. In 1990, routine water testing at the landfill showed that low levels of vinyl chloride and other volatile organic compounds had contaminated groundwater in the northeast corner of the site and east of Taft Hill Road. The Department of Natural Resources has been working with the Colorado Department of Public Health and Environment (CDPHE) since that time to further delineate the extent and magnitude of contamination. As part of the regulatory process, the Environmental Protection Agency (EPA) evaluated the landfill for potential designation as a Superfund site in 1993; however, both the EPA and state health department feel that the most expedient means for addressing the situation is to continue remediation under CDPHE oversight. To that end, EPA and CDPHE have drafted a deferral agreement allowing state oversight of a protective cleanup. The deferral process requires that the affected community be apprised of the proposed agreement and have no significant objection to the agreement. This public-participation process will begin in March, culminating with a public forum on April 6, 1995. Ms. Henderson noted that the deferral to CDPHE will allow for a more expedient and cost-effective remediation than would oversight by the EPA and will speed up the process up by 2 years, and will be much more cost effective, and she stated that the cleanup standards protective of human health and the environment will be identical.

To summarize, Ms. Henderson stated that: 1) Currently, no exposed human population is at risk, the nearest population that could be impacted is more than a mile away; 2) Risks to the environment, such as to the Cathy Fromme Prairie Nature Area, are minimal; 3) They are talking about extremely low levels of chemicals in the groundwater; 4) There are no new threats to the public at this time; 5) This is a chance to correct a problem that happened 20 years ago and correct it before it becomes significant; 6) This problem would exist even if they were to close the landfill today and current operations are not making the problem worse. Ms. Henederson noted for the record that the landfill has not been declared a Superfund site. Questions from the Board and the press were followed by much discussion. In closing, Ms. Henderson re-emphasized that the actual risk of the groundwater contamination at the landfill is so minimal that it is almost unmeasurable.

The meeting adjourned at 3:15 p.m.






WEDNESDAY, MARCH 1, 1995

ADMINISTRATIVE MATTERS

(#223 & #224)

The Board of County Commissioners met at 9:30 a.m. in regular session with Frank Lancaster, County Manager. Chair Disney presided and Commissioner Clarke was present; Commissioner Duvall was absent. Also present were: Sheriff Richard Shockley; Drew Davis, Researcher; Dick Anderson, Facilities Manager; Ralph Jacobs, Human Resources Director; Bob Keister, Budget Manager; Joan Duchene, Office Supervisor Commissioner's Office; Donna Hart, Assistant to the County Manager; and Neil Gluckman, Assistant County Manager. Recording Clerk, S. Graves.

1. Request for approval of the COPS Ahead Grant Application: Sheriff Shockley requested Board approval of a grant application for the COPS Ahead Program; he noted that Larimer County was one of two counties to receive approval for submitting this grant. Sheriff Shockley stated that the COPS Ahead program is part of the 1994 Federal Crime Bill and is designed to put police officers on the street in support of community policing based activities, and this grant application will request funding for two deputies. Under this proposal, the Board is requested to provide funding (0% county funds the 1st year, 32% the 2nd year, and 51% the 3rd year) during the three-year grant cycle. At the completion of the grant cycle, the Board will be required to fund the anticipated $82,000 cost for continuing these positions. Sheriff Shockley noted that this commitment to continued funding is a critical element in the evaluation of this grant application, and without this commitment, it is almost assured the proposal will be declined. Questions about the grant and discussion followed.

Sheriff Shockley and Mr. Davis also requested the Board to waive the administrative costs associated with this grant application process, i.e., 11% of the total salary amount, as this grant does not pay for administrative costs - only salary and benefits.

M O T I O N

Commissioner Clarke moved that the Board approve the submission of the COPS Ahead Grant Application, authorize funding as outlined in the letter from Sheriff Shockley dated February 16, 1995, waive the indirect administrative costs as they are not part of the grant, and authorize the Chair to sign the grant application.

Motion carried 2 - 0.

2. Draft Lease for Estes Park Facility: Mr. Anderson presented the first draft of an Intergovernmental Lease Agreement containing construction and lease terms for the Park School District R-3/Larimer County joint venture for facilities. Mr. Anderson noted that he has made several revisions to the lease and wanted to discuss these with the Board before meeting with the Estes Park School officials again. Mr. Anderson noted that he and Chair Disney talked to the school district previously about a 30-year lease period; however, in the draft, the school district stipulated 20 years. Other revisions with regard to custodial services, etc. were also discussed. Mr. Anderson noted he will be meeting with the school district tomorrow to discuss the revisions; Chair Disney offered to go with Mr. Anderson to this meeting. Chair Disney asked if consideration has been given to adding vertically to this building at some time in the future; Mr. Anderson responded that it is not too late to consider this possibility and it can be factored in when designing the building. After discussion, CONSENSUS OF THE BOARD was for Mr. Anderson to try and negotiate a 15/15 term of the lease when he and Chair Disney meet with the school officials tomorrow. Chair Disney thanked Mr. Anderson for all the time and effort he has put forth in working with the Estes Park school officials, in addition to everything else he is currently working on for the county.

3. Request for an Exemption to the Family and Medical Leave Policy: Mr. Jacobs requested Board approval to grant an exception to the Family and Medical Leave Policy (FMLA), as requested by the Information Management Department. Mr. Jacobs noted that this exception will allow an employee who is on FMLA leave, as a consequence of a heart attack, to use vacation leave instead of sick leave while on FMLA leave. Mr. Jacobs stated that this employee will, under the county's vacation leave policy of "use it or lose it", will lose a substantial amount of vacation leave if this exemption is not allowed. Mr. Jacobs recommended that the Board grant this waiver of policy and allow an exemption to the Family and Medical Leave Policy.

M O T I O N

Commissioner Clarke moved that the Board allow an exception to the Family and Medical Leave Policy and allow the transfer of vacation leave to be used as sick leave for an employee in the Information Management Department.

Motion carried 2 - 0.

4. Request for Transfer of Sick Leave from Steve Miller: Mr. Jacobs also requested the Board approve a transfer of sick leave to an employee in the Assessor's Department who had a life threatening situation. Mr. Jacobs noted that this request is to waive the county leave policy to permit the voluntary transfer of up to 274.25 hours of sick leave from other employees in the Assessor's Office; this action will be two months retro-active, and Mr. Jacobs recommends the Board approve the request.

M O T I O N

Commissioner Clarke moved that the Board approve the transfer of leave from employees to the Assessor's Office to another employee in the Assessor's Office who has had a life-threatening situation, as requested by Mr. Miller and Mr. Jacobs.

Motion carried 2 - 0.

5. Worksession:

-- County Elitches Day: Ms. Duchene received a letter from Elitch Gardens asking if the County is still interested in holding a "County Elitches Day" and, if so, June 24, 1995 has been reserved for Larimer County. Ms. Duchene noted that there are some changes from last year; i.e., 1) No one is allowed to bring food or drink into the park; 2) They have raised the price of the pavilion, which we have reserved in the past, from $100 to $250; since food is not allowed to be brought into the park, Elitches suggested using their catering service; 3) The group ticket price has been raised from $10.75 to $14.75 - therefore, the ticket price for an employee and family member will be raised from $6 to $8 this year; Ms. Duchene noted that ticket admission into the park any other time is $19.95. Ms. Duchene stated that last year Larimer County requested 500 tickets, 542 were received and all were sold and more could have been sold. CONSENSUS OF THE BOARD was to direct Ms. Duchene to notify Elitch Gardens that they will support "Larimer County Day at Elitches" again this year on June 24, 1995, but not to rent the pavilion; it was noted that monies for this expenditure will be derived from the Commissioner's Special Project Fund.

-- Cover Sheet for Public Meetings and Hearings: Mr. Lancaster submitted a sample cover sheet of Public Hearing Procedures to be used for Land Use Matters and/or at all public hearings. The Board approved the cover sheet and recommended that Mr. Lancaster send a copy of same to the Director of Planning and the County Attorney for their review.

-- Next Weeks' Standing Meetings: Mr. Lancaster reviewed the agenda items for next week's standing meetings for Public Works and Planning; Chair Disney suggested adding an update on building Partnership Land Use Systems (PLUS).

-- Commissioner's Attendance at Department Head Meeting: Mr. Lancaster asked Commissioner Clarke if he could attend the next Department Head Meeting on March 10, 1995; Commissioner Clarke indicated that he will attend and Chair Disney said he will also try and attend.

-- Update on Fair Board Meeting: Mr. Lancaster reported on the Fair Board Meeting he attended last week and noted that at that meeting they voted not to have a senior class. Mr. Lancaster noted that the Fair Board Bylaws state that the Fair Manager is a member of the Fair Board and serves as secretary on the Board; however, the county has no job description for Fair Manager, but this oversight will be resolved in the Master Plan being developed.

-- Resignation of Dr. Preble: Mr. Lancaster informed the Board that Dr. Parker Preble has resigned from the position of Medical Director of the Mental Health Department.

6. Invitations: Ms. Hart reviewed the pending invitations with the Board.

7. Commissioners' Reports: Chair Disney reported that the Information Technology Advisory Committee (ITAC) is meeting this afternoon at 2 p.m. in the Commissioner's Hearing Room and he invited Commissioner Clarke to attend.

8. Document Review: The following documents, of a routine nature, were considered by the Board:

M O T I O N

Commissioner Clarke moved that the Board approve the Minutes for the week of February 20, 1995 and the Agenda for the week of March 6, 1995, as submitted.

Motion carried 2 - 0.

M O T I O N

Commissioner Clarke moved that the Board approve the following miscellaneous documents: Anderson Subdivision Amended Plat of Lot 1; Depperschmidt Minor Residential Development; Mental Health Advisory Board By Laws; and Property Requisition and Authorization Form.

Motion carried 2 - 0.

M O T I O N

Commissioner Clarke moved that the Board approve the following documents:

C95-12 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND TRAFFIC MASTERS, INC.

(1995 Work Zone Traffic Control)

R95-26z SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING

THE PETITION OF CANYON BOARD

R95-27s FINDINGS AND RESOLUTION GRANTING THE SUMMIT

ENTERPRISES MINOR RESIDENTIAL DEVELOPMENT APPEAL

R95-28s FINDINGS AND RESOLUTION GRANTING THE ADAMS MINOR

RESIDENTIAL DEVELOPMENT APPEAL

R95-29s RESOLUTION REGARDING RELEASE OF COLLATERAL FOR

BREKKE MINOR RESIDENTIAL DEVELOPMENT

R95-30s FINDINGS AND RESOLUTION GRANTING THE APPEAL OF

TURNER TO SUBMIT MINOR RESIDENTIAL DEVELOPMENT

R95-31s FINDINGS AND RESOLUTION GRANTING THE MCGILL MINOR

RESIDENTIAL DEVELOPMENT APPEAL

Motion carried 2 - 0.

At this time, County Attorney George Hass, Assistant County Attorney Jeannine Haag, and Finance Director Bob Grewell joined the meeting for Legal Matters.

9. Legal Matters:

-- Public Review of Findings and Resolutions: Much discussion ensued whether or not the county should have a policy for allowing citizens to review Findings and Resolutions before they are finalized, approved and signed by the Board. Ms. Haag stated that she does not think the county should have a policy for this preliminary review. She noted that the Board renders their decision at the public hearing and if the Board believes the Findings and Resolution accurately reflect the testimony and evidence heard at the hearing and accurately reflects the Board's decision, it is their prerogative to approve it without another public hearing on the written decision. Commissioner Clarke would like the approval of the Findings and Resolution, the majority of which will be consent, to be a part of the land use meetings on Monday mornings and subject to review by the public, rather than having them approved routinely during Administrative Matters.

Ms. Haag asked the Board how to respond to citizens asking to see the Findings and Resolution before they are signed; the Board responded they have no problem with the F & R being reviewed before it is signed by the Board, but a cover sheet should be attached clearly stating that it is not an approved document and in the process of being revised, and that final approval will be decided upon during a Planning Meeting on Monday mornings when land use matters are reviewed.

-- Subdivision Regulations: Ms. Haag informed the Board that there will be a worksession scheduled to discuss subdivision regulations, and at that time it will be decided which portions of the regulations the Board wishes to continue.

-- Approval of Agreement with D & T: The Board was requested to sign a Consulting Agreement with Deloitte & Touche, the firm hired to provide consulting services for a financial management system for the county. Ms. Haag reviewed the contract and recommended one deletion with regard to limitation of liability; much discussion followed. Mr. Hass recommended the Board sign the agreement; however, he recommended that a standard list of conditions be included with all requests for proposals in the future, to avoid any misunderstanding, such as occurred with this agreement.




M O T I O N

Commissioner Clarke moved that the Board approve the Consulting Agreement between the Board of Commissioners and Deloitte & Touche for consulting services for a Financial Management System for Larimer County, and authorize the Chair to sign same.

Motion carried 2 - 0.

A95-11 CONSULTING AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND DELOITTE & TOUCHE

(Consulting Services for Financial Management System for the County)

M O T I O N

Commissioner Clarke moved that the Board go into Executive Session to discuss legal matters.

Motion carried 2 - 0.

The Executive Session ended at 12:20 p.m.; no action taken.


______________________________________

JIM DISNEY, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:


________________________________________

Sherry E. Graves, Deputy County Clerk


________________________________________

William Louis Gebauer, Deputy County Clerk

February 28, 1995