> Meetings & Minutes > 1995 Minutes

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

TUESDAY, MAY 30, 1995

STANDING MEETING WITH BUDGET MANAGER BOB KEISTER

(#296)

The Board of County Commissioners met at 1:30 p.m. in regular session with Bob Keister, Budget Manager. Chair Disney presided and Commissioner Clarke was present. Also present were Neil Gluckman, Assistant County Manager, and Frank Lancaster, County Manager. Recording Clerk, S. Graves.

Before starting the budget meeting, the Board was requested to approve, and the Chair sign, the following real estate documents.

M O T I O N

Commissioner Clarke moved that the Board approve a Resolution for Conveyance and Quit-Claim Deed for the sale of Lot 22 in Cedar Park Subdivision First Filing and a Contract for the sale of Lot 23 in Cedar Park Subdivision First Filing between the Board and J. R. Hart, and authorize the Chair to sign the three documents.

Motion carried 2 - 0.

R95-72s RESOLUTION FOR CONVEYANCE BY THE BOARD OF COUNTY

COMMISSIONERS OF LOT 22, CEDAR PARK SUBDIVISION

FIRST FILING

D95-12 QUIT-CLAIM DEED FOR SALE OF LOT 22, CEDAR PARK

SUBDIVISION FIRST FILING

C95-20 CONTRACT FOR SALE OF LOT 23 IN CEDAR PARK SUBDIVISION

FIRST FILING BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND J.R. HART (ALPINE WEST REALTY)

At this time, Commissioner Duvall joined the meeting.

Mr. Keister submitted a packet of graphs and charts, which he reviewed in detail with the Board, covering the following subjects: 1) Overview of Ending 1994 Finance of Major Funds; 2) 1994 Tabor Compliance Test Results; 3) Current Revisions to the 1995 Budget; 4) Assessed Value and Tax Revenue; 5) TABOR Effects on Tax Revenue and Mill Levy; and 6) Alternatives to Lower the Mill Levy.

Mr. Keister reviewed the unaudited ending balances of the major funds in the county which showed the actual end balance, budgeted end balance, and the difference between the two; he noted that even though the two columns indicated a plus balance of $5,288,261., the final end balance will be nearly equal to the budgeted end balance when audit adjustments are made. Mr. Keister noted that the county is entering 1995 in good shape; he indicated to the Board that the big increase in revenue in the General Fund last year came from recording fees and building permits.

Mr. Keister informed the Board that each year the county is required to do two TABOR Compliance Tests and he reviewed those results: 1) Total Revenue Test - no refund is required; however, we are only $21,000 away from being in a refund position; 2) Property Tax Revenue Limit Test - no refund required as we are $1,400,000 below that limit. As requested by Commissioner Duvall, Mr. Keister explained TABOR in detail; he noted that the mill levy cannot be increased without an election and the real spendable dollars are going down even though there is more revenue.

Mr. Keister informed the Board that he has met with County Attorney George Hass and they have derived several alternatives for the Board to consider: 1) Follow TABOR and reduce the mill levy; 2) The Board declare a different assessed value than what the Assessor declares; 3) Constant refund; or 4) Keep the mill levy the same and the Commissioners declare a credit to all taxpayers on their tax bills equal to a percentage of their county tax bill. Mr. Keister indicated that a credit of approximately 6.75% would be needed to prevent the county from exceeding the TABOR limit if the County kept the same mill levy for FY 1996. Mr. Keister reviewed an example of how this would work and the Board could possibly introduce the possibility of giving selective credits, such as a 10% credit to the elderly, etc.; however, they are looking into the legality of this action. Mr. Keister stated that all taxpayers would not pay any more than what TABOR allows; after their tax bill is calculated, there would be a credit or subtraction, so their net tax bill would be the same as if the mill levy had been lowered. Mr. Keister stated that they still need to do much research regarding this alternative. Mr. Keister stated he wanted to present this alternative to the Board at this time to give them time to think about it while the Treasurer is determining the best way to handle the credit on the tax bill.

Commissioner Duvall complimented Mr. Keister for having the initiative to propose this alternative, which seems like it would be fair to the taxpayers and a reasonable, responsible, prudent, and wise approach to dealing with TABOR; CONSENSUS OF THE BOARD was for Mr. Keister to pursue this alternative further.

Mr. Keister informed the Board that at his next standing meeting he will talk to the Board about wage and benefits and other kinds of expenditure projections; he noted the Personnel Office is currently working on salary issues and will also attend the meeting. Discussion followed regarding the Board meeting with the Cabinet to discuss budget priorities and to review the whole realm of services.

At this time, Mr. Lancaster briefed the Board regarding the Emergency Operations Center (EOC) being activated because of the concern over flooding due to the recent rainfall. He noted there have been several road closures, the Red Cross has opened a shelter at Bill Reed Middle School, 7,000 sand bags have been purchased, etc. Mr. Lancaster stated that the EOC is on 24-hour call, emergency communications are in place, etc., and the EOC will probably stay activated through the end of the week.

The meeting adjourned at 2:40 p.m.

WEDNESDAY, MAY 31, 1995

ADMINISTRATIVE MATTERS

(#298 & #289 @ 2500)

The Board of County Commissioners met at 9:30 a.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Disney presided and Commissioner Clarke was present. Also present were: Rob Helmick, Planner II; Janelle Henderson, Natural Resources Director; Scott Doyle, Hazardous Waste Manager; Russ Legg, Chief Planner; Joan Duchene, Supervisor Commissioner's Office; Paul Cooper, Director Community Corrections; Dick Anderson, Facilities Manager; Donna Hart, Assistant County Manager; and Frank Lancaster, County Manager. Recording Clerk, S. Graves.

1. APPROVAL OF GREYROCK COMMONS P.U.D. FINAL PLAT AND AMENDED PLAT OF BRIARWOOD M.R.D., LOTS 2 & 3: Mr. Helmick requested Board approval and the Chair's signature on the Greyrock Commons P.U.D. Final Plat and Subdivision Improvement Agreement, and on the Amended Plat of Briarwood M.R.D., Lots 2 & 3 (#93-MS0345).

M O T I O N

Commissioner Clarke moved that the Board approve the Final Plat and Subdivision Improvement Agreement for Greyrock Commons P.U.D. and the Amended Plat of Briarwood M.R.D., Lots 2 & 3, and authorize the Chair to sign same.

Motion carried 2 - 0.

A95-66 SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND FORT COLLINS

CO-HOUSING COMMUNITY, LIMITED LIABILITY COMPANY,

(GREYROCK COMMONS P.U.D.)

At this time, Commissioner Duvall joined the meeting.

2. LAPAC APPOINTMENTS:

M O T I O N

Commissioner Duvall moved that the Board appoint Dianne M. Syal and David Morrow to the Larimer County LaPorte Advisory Committee to fill the two vacancies recently created from resignations, terms to expire June 30, 1998.

Motion carried 3 - 0.

Mr. Legg showed the plaque to the Board which will be presented at the June 20, 1995 LAPAC meeting to the two retiring members, Roland McDonald and Debbie Morgan. Mr. Legg asked if one of the Commissioners will be attending the meeting and would present the plaques; Commissioner Duvall noted she will attend a make the presentations.

3. CONTRACT FOR CONSTRUCTION OF HOUSEHOLD HAZARDOUS WASTE BUILDING: Ms. Henderson informed the Board that Natural Resources is attempting to cluster more services at the Landfill in order to become more convenient and user friendly; in this endeavor, they are proposing to improve the drop-off area at the recycling center and build a hazardous waste building, as they have outgrown their current facilities. Ms. Henderson described the sources of revenue which will be used for this building; such as, $20,000 designated for a hazardous waste facility in the future, $20,000 in savings realized in hazardous waste due to the efficiency of the new manager, and approximately $10,000 in anticipated fund balance. Ms. Henderson requested Board approval of the contract to construct a new household hazaardous waste building, with appropriations as outlined.

M O T I O N

Commissioner Clarke moved that the Board approve the Contract for $52,087 for the Construction of the Household Hazardous Waste Collection Facility, and authorize the Chair to sign same, monies to be derived from the Solid Waste Fund, previously approved.

Motion carried 3 - 0.

C95-21 CONTRACT FOR CONSTRUCTION OF NEW HOUSEHOLD

HAZARDOUS WASTE COLLECTION FACILITY BETWEEN

THE BOARD OF COUNTY COMMISSIONERS AND DMD

CONSTRUCTION

4. DISCUSSION OF POLICY DECISIONS AND PUBLIC INFORMATION: There was discussion of the Board's current procedure for making policy decisions and how decision-making meetings are announced to the public. Mr. Lancaster stated he checked with some of the other counties regarding their policy-decision meeting procedures and their schedule format and he thinks that Larimer County's current procedure is superior to any he checked. Mr. Lancaster submitted a draft of a Public Participation Checklist and Guidlines for Public Meetings for the Board's review; discussion followed. Commissioner Duvall asked Janet Seilbach of the Loveland Reporter and Steve Porter of the Coloradoan what the Board can do to have better coverage in their papers of the agendas each week and to have the policy decision meetings highlighted. Ms. Seilbach noted that if there is a subject of real interest coming up, they try and do a special story about it. Mr. Porter described the procedure he follows when he receives the Board's agenda and stated he hasn't been told to do anything differently since the Board had their meeting with the publisher Dorothy Bland; he also noted that when a special meeting is coming up, he writes a story about it. Mr. Porter suggested Mr. Lancaster talk to Mary Benanti, Acting Fort Collins City Manager, to learn what their procedure is for getting their agendas published. Mr. Lancaster stated they hope to have the agenda on Internet and the Bulletin Board soon, and cable television will help notify the public of the meetings. Another suggestion was made to put a simple graphic, such as a gavel, by the meetings where policy decisions will be made so the press and anyone else can quickly see those at a glance. Mr. Lancaster stated that one thing Larimer County doesn't do is schedule a time when citizens can come in and just talk to the Board. It was noted that the Board is now doing "County Seat for a Day" every other month; however, on the off month the Board could schedule a regular standing meeting for citizens to come in and talk to the Board about anything they want. After discussion of this suggestion, it was suggested that each Administrative Matters meeting on Wednesday mornings be started with a public participation session for 15 minutes; the Board concurred with the suggestion. Commissioner Clarke also suggested that meetings be scheduled back to back in many instances so the Board doesn't come in for a 2 p.m. liquor license hearing, for example, and it lasts 20 minutes and breaks up their whole afternoon. Mr. Lancaster will follow up today's discussion by talking to Ms. Benanti and Chair Disney will meet with Ken Amundson, Managing Editor of the Reporter Herald.

5. PERSONNEL AUTHORIZATION: Mr. Cooper requested authorization from the Board for a new Program Specialist II position; this position is projected to be funded by Senate Bill '94 dollars. Mr. Cooper noted that this request has been brought about because the State has asked for a more intense assessment of kids initially placed in detention so their length of stay can be reduced; this position will be part of the Youth Defender Response Team. Mr. Cooper noted that this funding is to be approved by the State today and, when approved, he will proceed with filling the position; if funding is not approved, the position will not be created.

M O T I O N

Commissioner Duvall moved that the Board approve the request to hire a Program Specialist II, contingent upon final approval by the State, and noted that this is a limited term state funded position.

Motion carried 3 - 0.

6. EXECUTIVE SESSION - PROPERTY:

M O T I O N

Commissioner Clarke moved that the Board go into Executive Session at 10:30 a.m. with Mr. Cooper and Mr. Anderson to discuss land acquisition.

Motion carried 3 - 0.

The Executive Session ended at 10:45 a.m.; no action taken.

7. WORKSESSION:

-- Strategic Plan Unveiling: Mr. Gluckman reported to the Board he has been working with the new Cabinet going through the priorities of the Strategic Plan and designating project managers, and he will be coming to the Board with their recommendations later this month; he noted that the unveiling of the Strategic Plan will be June 30, 1995. Mr. Gluckman and Ms. Hart having been working on plans for the unveiling and attempting to keep it cost effective; they would like to have it at the FairGrounds in Loveland, followed by a barbeque and celebration. Mr. Gluckman indicated there would be approximately 150 persons in attendance; R.S.V.P. invitations will be issued. Much discussion followed.

-- Items for Next Weeks Standing Meetings: In addition to the agenda item for discussion of drainage issues for next week's Public Works Standing Meeting, Commissioner Duvall would like to add discussion of "Goosh" on the roads

8. LEGAL MATTERS: At this time, County Attorney George Hass and Assistant County Attorney joined the meeting for Legal Matters.

-- Approval of Subordination Agreement: Ms. Haag requested Board approval and the Chair's signature on a Subordination Agreement on Lot 89, Glacier View Meadows Subdivision, Twelfth Filing PUD; this action is necessitated because this lot owner is getting a construction loan to build on the lot and the bank is requiring the county to subordinate the tap fee note of $5,000.

M O T I O N

Commissioner Clarke moved that the Board approve the Subordination Agreement between the Board and Marjorie Rogers McTaggart, and authorize the Chair to sign same.

Motion carried 3 - 0.

A95-67 SUBORDINATION AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND MARJORIE ROGERS

MCTAGGART FOR LOT 89, GLACIER VIEW MEADOWS

SUBDIVISION, TWELFTH FILING P.U.D., LARIMER COUNTY

-- Update on Bingham Hill Cemetery: Ms. Haag informed the Board that, as requested, a Quit-Claim Deed has been prepared to deed whatever interests the county has in the Bingham Hill Cemetery to the Pioneer Association; however in the interim, she received a call from the President of the Pioneer Association and they are not sure they want to accept the Deed at this time as they want to do some more investigation into the matter. In the meantime, Ms. Haag will hold onto the Quit-Claim Deed until she hears further from the Pioneer Association.

-- Update on Pete Lein Case: Ms. Haag noted that a Status Conference regarding the Pete Lein Case is scheduled with Judge Dressel on June 20, 1995.

-- Discussion of Policy Issues for Residential P.U.D.'s: Mr. Hass started a discussion of policy issues for residential P.U.D.'s when Commissioner Duvall suggested this discussion be delayed until the Director of Planning could be present. The Board concurred and a worksession will be scheduled for this discussion next Tuesday, June 6, 1995 at 11:00 a.m.

9. INVITATIONS: Ms. Hart reviewed the pending invitations with the Board and they indicated to her which events they will be able to attend.

10. COMMISSIONER REPORTS:

-- Commissioner Duvall reported she attended the Overall Development and Economic Planning Meeting and they have decided that rather than doing their own community input effort toward developing an economic development policy, they will work with the county on a parallel track with PLUS. At the meeting, Commissioner Duvall informed the group the county had made a first attempt at policy with Hyundai by indicating they were looking for local hires, clean industry, and must work with transportation planning, etc. If the Board concurs, she will take this information to the next ODEP meeting and they will add to the list and put together some economic development policies. Chair Disney recommended that high paying jobs which provide benefits also be required; Commissioner Clarke suggested that those persons hired need to have lived in Larimer County for one year before they qualify as a local hire. Commissioner Duvall added that, wherever possible, they want to support local agriculture and the money that the county rebates should be invested in local infrastructure.

-- Chair Disney reported he has the check for all three Commissioners for the Smart Growth & Development Workshop they will be attending in Berthoud tomorrow.

-- Chair Disney reported that the North Front Range Meeting will be held tomorrow night and he asked if the Board concurs with him putting the Board up as a candidate to be a role model for a travel demand management program; if selected, the county needs will be assessed and a travel management program designed based on the needs and what we can do realistically within our revenues for our employees and determine how to cut down on vehicle trips. The Board concurred with being a candidate for this program.

-- Chair Disney reported that last Friday he attended an interesting meeting on Coalition for Mobility and Air Quality; he has information from that meeting for the Board to read if they wish; he noted this group is attempting to find some way to enhance state wide revenues for transportation.

11. DOCUMENT REVIEW:

M O T I O N

Commissioner Duvall moved that the Board approve the Minutes for the week of May 22, 1995, as submitted.

Motion carried 3 - 0.

M O T I O N

Commissioner Clarke moved that the Board approve the Schedule for the week of June 5, 1995, as amended.

Motion carried 3 - 0.

M O T I O N

Commissioner Clarke moved that the Board approve the following Consent Agenda items as listed on Document Review for May 31, 1995.

PETITIONS FOR ABATEMENT, as recommended by the County Assessor: Silversmith; Carroll; Quartararo; Rusch; Evans; Hansen; Kennedy; Duin; Wadleigh/McCall; Keiter; Clark; and Bath. LIQUOR LICENSES: A License was issued to Alman's Deliworks - 6% - Fort Collins, CO. County Approval was granted to: National Park Village North - 6% - Estes Park, CO.; National Park Village North - 3.2% - Estes Park, CO.; Bob's Liquor - 6% - Fort Collins, CO.; Conoco #06382 - 3.2% - LaPorte, CO.; and Conoco #06381 - 3.2% - Bellvue, CO.

A95-68 LARIMER COUNTY, COLORADO CONTRIBUTORY RETIREMENT

PLAN AND TRUST AGREEMENT AMENDMENT II BETWEEN THE

LARIMER COUNTY BOARD OF RETIREMENT AND THE FIRST

NATIONAL BANK OF FORT COLLINS, COLORADO (Section 3.05

Forfeiture Allocation)

A95-69 PURCHASE OF SERVICE AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS FOR THE OFFICE ON AGING AND

WELD COUNTY (HUMAN SERVICES AREA AGENCY ON AGING

(IGA regarding Ombudsman Services)

D95-13 DEED OF DEDICATION BY THE HORSETOOTH RECREATION

CORPORATION OF LARIMER COUNTY (Project #148 - Centennial

Drive)

R95-73s FINDINGS AND RESOLUTION APPROVING THE VACATION OF

HIGHLAND AVENUE IN THE AMENDED PLAT OF FERGUSON

SUBDIVISION

R95-74s FINDINGS AND RESOLUTION TO NAME A PREVIOUSLY

UNNAMED STREET IN ARTALICE SUBDIVISION

R95-75s FINDINGS AND RESOLUTION NAMING ROADS IN CARTER LAKE

AREA

R95-76s FINDINGS AND RESOLUTION APPROVING THE EXTENSION OF

PRELIMINARY PLAT OF FOSSIL CREEK COMMERCIAL PARK

R95-77s FINDINGS AND RESOLUTION DENYING THE PRELIMINARY

PLAT OF TRAPPER'S POINT 2ND FILING SUBDIVISION

Motion carried 3 - 0.

The meeting adjourned at 11:45 a.m.


______________________________________

JIM DISNEY, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:


_______________________________________

Sherry E. Graves, Deputy County Clerk

May 31, 1995