The Board of County Commissioners met at 7:00 p.m. at the Berthoud Community Center for a Public Hearing for the Colony Ridge Local Improvement District. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: Rex Burns, Project Engineer and Special Improvement District Administrator; Diane Martell, Engineering Staff Services Manager; Marla Hehn, Assistant County Attorney; and Blake Jordan, Bond Counsel. Recording Clerk, S. Graves.

Chair Disney stated that the purpose of the hearing tonight is for the Board to receive comments from homeowners in the Colony Ridge Subdivision regarding the road and drainage improvements proposed for the subdivision and the assessments to be levied against their properties. Mr. Jordan informed the homeowners that this is the last step in the process before the assessments are levied, and if no major objections are raised, the Board will adopt a resolution imposing the assessment fee for the improvements. Mr. Burns reviewed the background for this local improvement district and explained how the assessments were determined and how they are being proposed; he noted that the total cost of the project is $330,000, which includes the cost of engineering, construction, interest on the bonds, bond counsel, issuance of the bonds, etc. Mr. Burns noted that an assessment of $2,946.43 will be levied equally against the 100 properties within the subdivision and the 10 lots in the tract southeast of the subdivision. Mr. Burns stated that, in his opinion, the assessment is fair and equitable and the benefit and increased value added to each lot will be far greater than the amount of the assessment.

At this time, the hearing was opened for public testimony. The following property owners in the Colony Ridge Subdivision addressed the Board: Kevin Atkinson, Jerry Adamson, Steven Rosen, Harry Weisell, Ron Bolton, Bruce Maysilles, and Olin Tucker. Many questions and concerns were raised regarding the construction, explanation of costs, daily site inspections, supervision, and quality control during construction, compaction tests, soil testing, who is liable if improvements fail, etc.; Mr. Burns responded to all the questions and stated he is confident the project will be completed to everyone's satisfaction. Mr. Atkinson requested a copy of the soils test.

Charles Wilkes, attorney from Denver representing the owner of the tract which is being assessed for ten lots, stated that it doesn't seem fair for this tract to be assessed as though the 10 lots were in existence, and he noted that the assessment on that property will be approximately 75% of what it is worth. Mr. Wilkes stated that he and his client request that some equitable adjustment be made on this tract--it should be assessed for more than 1 lot, but less than 10. Mr. Wilkes asked how it was determined that this tract was assessed for 10 lots; Mr. Burns responded that the frontage along this tract is adequate for 10 lots. Mr. Wilkes stated that when the property was acquired, they were told that based on the topography, easements, etc., the tract would be suitable for 6 or 7 lots. Mr. Wilkes also expressed concern that if the property should become tax exempt, will this trigger an increase in assessment for the other properties? Mr. Jordan responded negatively noting that, according to Statutes, if a property becomes tax exempt, the assessments will not change for the other property owners. Mr. Burns was asked if he realized that a water line is going to be put in along the frontage road within the next five years, and it was suggested that a sleeve be put in at the time of construction so the road will not have to be torn up in the future. Mr. Burns stated that the county would be receptive to this suggestion; it was recommended that the county talk to the Loveland and Thomspon Water Districts to ask if they are willing to install a sleeve at this time. It was noted that the project has a 60-day working time and concern about inclement weather was raised. Mr. Burns was asked about matching the level of the new road with the existing driveways and who will be financially responsible for that expense; he responded that it will be at the expense of the county to match the road with the driveways. The Board was requested to be aware of the extreme cost the homeowners have to bear for these improvements and to do whatever they can to protect the homeowners. Mr. Burns was asked about the temporary road, or detour, which was to be built; Mr. Burns stated that the contractors have determined it will not be necessary to build a detour as they feel they can keep Crestview open during construction. The issue of safety for the children was brought up and the placing of barricades around the construction was suggested. Concern was raised about a drainage culvert in front of Mr. Tucker's house; Mr. Burns assured him that it will be replaced. A concern was raised that if there is going to be development south of this subdivision in the future, the construction trucks could ruin the new road; it was agreed that if a new subdivision is approved, a separate access road should be built for the construction trucks. Mr. Rosen asked Mr. Burns for a schedule of when inspections will be done; Mr. Burns stated he will supply that for Mr. Rosen and he stated he will try and be at the construction site most of the time.

At this time the public hearing was closed and the Commissioners made brief remarks; the Board indicated their support of the project and assured the homeowners that their message was heard loud and clear that they want a supervised and correctly-constructed project. Chair Disney assured the homeowners that Mr. Burns and the Engineering staff will be instructed to do everything possible to insure them they will have a top-quality construction project when completed.


Commissioner Duvall moved that the Board adopt a Resolution approving the whole cost of the improvements to be made in Larimer County Local Improvement District No. 1994-1 (Colony Ridge Subdivision); approving and confirming the apportionment of said cost to each lot or tract of land in the Distrist; assessing a share of said cost against each lot or tract of land in the District; and prescribing the manner for the collection and payment of said assessments.

Motion carried 3 - 0.






The meeting adjourned at 8:15 p.m.





The Board of County Commissioners met at 10:30 a.m. in regular session with Ginny Riley, Director of Human Development. Chair Pro-Tem Clarke presided; Commissioner Duvall was present. Commissioner Disney was attending a meeting in Denver. Also present were: Neil Gluckman, Assistant County Manager; Carol Gillespie, Community Development Director; Ralph Jacobs, Human Resources Director; Shelly Stephens, Fort Collins Housing Authority Director; and Lyn Thor, Nutrition Program Director. Recording Clerk, A. Jensen.

1. Future of Larimer County Housing Authority: Ms. Riley began the meeting with an explanation of their involvement in administrating Housing Authority funding and the current status of this program. The purpose of this topic is to verify the Commissioner's position relative to the present function of the Larimer County Housing Authority. Ms. Gillespie presented a pro/con worksheet for the Commissioner's to consider the recommendation to give the County allotment of rental certificates to the City of Fort Collins Housing Authority. The worksheet was reviewed by Ms. Gillespie. Ms. Stephens, City of Fort Collins Housing Authority Director, was on hand to detail the administration of this program and answer questions and concerns for the Commissioners. It was noted that combining the administration of these two programs, Larimer County and Fort Collins Housing Authority, would not affect service provided to the participants; there would not be "two sets of books". Participants on the two waiting lists would be combined into one list. Discussion followed regarding the waiting list and combining the administration of these programs. Ms. Riley inquired if the Commissioners were in favor of the Larimer County Housing Authority pursuing the integration of the County Housing Authority with the Fort Collins Housing Authority. CONSENSUS OF THE COMMISSIONERS was to instruct Ms. Riley to pursue combining their administration with the City of Fort Collins Housing Authority. Ms. Riley noted she will return to the Commissioners with a formal proposal in November.

2. Affordable Housing Policy: Ms. Riley outlined her intent in developing an Affordable Housing Policy, noting she is working on a 6-month timeline to complete this process. Ms. Riley will conduct her research by contacting other agencies and initiate discussion with various individuals to guide the development of this policy. Discussion ensued regarding PLUS and the search conference. The Commissioners requested that Ms. Riley develop a draft proposal prior to be presented at the search conference. Chair Pro-Tem Clarke requested Ms. Riley to identify people who might be interested in this topic and has knowledge of affordable housing. Ms. Riley stated she will do some information gathering and pull together a draft by mid-November.

3. Waiver of Personnel Policies to Hire Above Step E: Ms. Riley briefly reviewed the occurrences that have precipitated this request. Mr. Jacobs voiced no objection to this request, as well as express his support.


Commissioner Duvall moved that the Board waive Personnel Policy to allow the hiring of Mary Beth McClusky at a level above step E.

Motion carried 2 - 0.

4. Executive Session Regarding a Personnel Matter:


Commissioner Duvall moved that the Board go into Executive Session at 11:15 a.m. to discuss a personnel matter.

Motion carried 2-0.

The Executive Session ended at 11:40 a.m.; no action taken.



(#373 - Side B & #375)

The Board of County Commissioners reconvened at 1:30 p.m. with Dr. Adrienne LeBailly, Director of Health & Environment. Chair Pro-Tem Clarke presided; Commissioner Duvall was present. Commissioner Disney was attending a meeting in Denver. Also present were: Jerry Blehm, Environmental Health Director; Doug Ryan, Environmental Planner; Ed Schemm, Field Environmental Health Services Assistant Director; and Neil Gluckman, Assistant County Manager. Recording Clerk, A. Jensen.

1. Discussion of Strategic Direction of the Environmental Health Department: Dr. LeBailly stated the reason for today's meeting was to discuss the direction the Environmental Health Department should take. Dr. LeBailly noted she will review what the Environmental Health Department does and then open the meeting to discussion, questions and comments. A vision and mission statement, with the emphasis on prevention and maintenance of a pro-active stance, was distributed for the Commissioner's to review. Mr. Blehm distributed a statement outlining the role of the Environmental Health Division, briefly explaining the hand-out. Mr. Blehm also distributed an outline and pie chart depicting the Environmental Health Services Division Resources by program. Mr. Schemm gave a detailed account of several of the items listed on the outline, describing the current activities and the impact the increased population has had on this division. Discussion ensued regarding the food program and the number of meals served by all the restaurants located within Larimer County. Mr. Blehm detailed the air quality program as listed, noting that Larimer County has experienced one of the fastest growth rates in the country. Mr. Ryan reviewed the solid & hazardous waste program. Mr. Ryan discussed the services that are provided, as well as cite examples of how they operate and prevent problems. Mr. Ryan also noted that they have made significant progress in developing a septic system policy and will be presenting it to the Commissioners in the near future.

Dr. LeBailly noted her intentions of creating an overall vision statement for the Health Department as well as vision statements for each division within the Health Department. A brief review of capital projects to be completed by 1995 was reported by Dr. LeBailly.

The meeting was then opened up for discussion. Chair Pro-Tem Clarke was complimentary of Dr. LeBailly and staff for creating a vision and mission statement, noting that this is an excellent start in building a strategic plan for Environmental Health, as well as the entire Health Department. Chair Pro-Tem Clarke also noted he will review the statements submitted and will respond at a later date.

Commissioner Duvall sought to clarify a previous discussion with Environmental Health staff members. Commissioner Duvall also stated the importance of protecting human health and well-being through the environment such as air and water quality issues; with emphasis on a pro-active stance. Discussion ensued regarding standards established by the Health Department, their development and application. Commissioner Duvall is desirous of knowing when any of the Health Department standards are not adequate or where standards need to be established to protect human health and well-being in Larimer County. Dr. LeBailly stated her objective for the Health Department is to accentuate a pro-active response instead of operating in a reactive mode.

Chair Pro-Tem Clarke expressed his concerns with instituting County regulations that are more stringent then state and/or federal regulations, that changes to standards and regulations should be driven by policy; gave examples of where stricter standards may hurt the local economy and not truly address the real issues.

Discussion of PLUS ensued and how it can be applied in the Health Department. Dr. LeBailly stated she will change the Role of the Environmental Health Division statement to incorporate a phrase concerning human health and well-being.

The meeting adjourned at 3:15 p.m.



(#374 & #376)

The Board of County Commissioners met at 9:00 a.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Disney presided; Commissioners Clarke and Duvall were present: Also present were: Deputy Walt Pestridge and Crime Prevention/PIO Laurie Klith of the Sheriff's Department; Elizabeth Kelly, Human Development Ombudsman Coordinator; Chief Planner Russ Legg, Zoning Administrator Jerry White, and Planning Staff Services Manager Gayle Morgan; Janelle Henderson, Director Natural Resources; Scott Doyle, Manager Hazardous Waste; PLUS Planning Committee Members Maggie Carter, Angela Dazlich and Pete Salg; Fort Collins Parks Planner K-Lynn Cameron; Commissioner's Office Supervisor Joan Duchene; and Donna Hart, Assistant to the County Manager. Recording Clerk, S. Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: Karen Rose-Brailsford described several excellent hazardous waste disposal programs in Jefferson County and wondered if Larimer County knew of the programs; Chair Disney responded that Larimer County has similar programs and, in addition, has the "Last Resort" in which summer youth are employed to search the landfill for useable items which are then taken to the "Last Resort" for resale.

Ms. Rose-Brailsford raised several serious questions about some of the ballot language on the open space resolution; for instance, the statement regarding taxes being increased $6.2 million annually - will this require that $6.2 million be allotted for open space even if that amount of taxes is not collected? Chair Disney responded that it is his understanding that this is an estimate and it will be whatever is collected through the sales tax and will not legally bind the county to $6.2 million. Ms. Rose-Brailsford raised another question about percentages and that there may be a contradiction on how the city and county actually receive certain percentages of the revenue; Chair Disney stated he could not respond to this concern, but he noted that the resolution was reviewed and approved by the County Attorney before it was placed on the ballot. Ms. Rose-Brailsford advised the Board to check with legal staff on these questions; she also wondered why representatives from Timnath and Wellington were not chosen to be on the Advisory Board which is to be created if the ballot issue does pass. The Board responded that this is a citizen initiative and Ms. Rose-Brailsford was advised to check with the group of citizens that put the initiative together; they gave her several names to contact and requested she keep them apprised.

2. PROCLAMATION - CRIME PREVENTION MONTH 1995: Deputy Pestridge informed the Board that October is National Crime Prevention Month and the Sheriff's Department would like to do the same on the local level; therefore, the Board was requested to proclaim the month of October 1995 as Crime Prevention Month. Chair Disney read the proclamation aloud. Ms. Klith alerted the Board that Red Ribbon Week will be coming up in October 1995 and red ribbons will be distributed at all the schools; the Board was invited to participate.


Commissioner Duvall moved that the Larimer County Board of Commissioners proclaim October 1995 as Crime Prevention Month in Larimer County and urge all citizens, government agencies, public and private institutions, and businesses to increase their participation in our community's prevention efforts and thereby promote good citizenship.

Motion carried 3 - 0.

3. PROCLAMATION - RESIDENTS' RIGHTS WEEK: Ms. Kelly informed the Board that she was present today on behalf of all the residents who live in the 12 nursing homes and 21 board and care homes throughout Larimer County; she noted that the Ombudsman Program was created to serve as a citizen advocate to insure that the rights of residents in long-term care facilities are protected and she noted that approximately 60% of the people who live in nursing homes don't receive regular visitation from friends or family. Ms. Kelly requested the Board to proclaim the week of October 1-7, 1995 as Residents' Rights Week; Chair Disney read the proclamation.


Commissioner Clarke moved that the Board of County Commissioners hereby proclaim the week of October 1 - 7, 1995 as Resident's Rights Week in Larimer County, and authorize the Chair to sign the proclamation.

Motion carried 3 - 0.

4. PLUS PLANNING COMMITTEE RECOMMENDATION: The PLUS Planning Committee members submitted a recommendation list of the applicants to be approved by the Board to serve on the October Symposium. Ms. Carter thanked the Board for extending the deadline for accepting applications as many more applications were received as a result. Ms. Dazlich stated that they tried hard to get a balanced group with regard to viewpoint and she noted that, as a participant in the September Symposium, everyone was encouraged to speak and given an opportunity to express their views. Mr. Salg suggested that possibly day care could be provided in the future for meetings of this type in order to get more of a balance between men and women. Ms. Carter stated she wants to interview some the participants in advance of the October Symposium; she requested the Board recommend 3 to 5 names for her to interview. Chair Disney thanked the PLUS Planning Committee members for all their hard work.


Commissioner Duvall moved that the Board accept the recommendations of the PLUS Planning Committee and appoint the persons listed to serve as participants in the October Symposium.

Motion carried 3 - 0.

5. REQUEST FOR STAFFING CHANGE IN NATURAL RESOURCES DEPARTMENT: Ms. Henderson submitted graphs to the Board showing how the Hazardous Waste Program has grown from 1454 pounds since 1989 to 504,000 pounds in 1994 and she informed the Board that due to an overwhelming demand for service, it has become impossible to handle such large amount of hazardous waste with current staffing levels; in addition, the demand for service will increase with the opening of the new household hazardous waste collection facility in October. Consequently, Ms. Henderson requested the Board to approve an increase in the current part-time temporary Hazardous Waste Technician position to a full-time permanent status; she noted that money was appropriated in the 1995 revised budget to accommodate this request and savings realized from disposal costs should cover the salary increase in the future. Ms. Henderson invited the Board to come out and visit the new facility as soon as it is opened.


Commissioner Clarke moved that the Board of County Commissioners approve the increase of the current part-time temporary Hazardous Waste Technician position to a full-time permanent position, effective immediately; monies to be derived from the 1995 revised Natural Resources budget.

Motion carried 3 - 0.

6. DISCUSSION REGARDING RESPONSE TO WINDSOR ANNEXATION: Mr. White submitted a draft copy of a letter to be sent from the Board to Mr. Tom Jones, Mayor of Windsor, responding to the proposed Windsor Highlands Annexation. The Board reviewed the letter in detail and advised Mr. White of revisions to be made. There was much discussion of the interim Intergovernmental Agreement between Larimer County and Windsor. The Board agreed with the list of concerns and recommendations outlined in the letter, in the event the Town Board favors the annexation. The Board suggested that the Town of Windsor be re-invited to be a part of PLUS; Mr. Legg will contact the Town Board to schedule a PLUS presentation. Mr. White stated he will revise the letter as the Board has suggested and have it ready for signature this afternoon; the Board recommended that County Attorney review it also.

7. RESOLUTION TO SUPPORT CITIZEN INITIATED OPEN SPACE INITIATIVE: K-Lynn Cameron and Diane Ruzing appeared before the Board today as private citizens and members of the Help Preserve Open Spaces Steering Committee to request Board approval of a resolution supporting the Citizen Initiated Proposal for the Open Space Initiative, as allowed by the Campaign Reform Act, adopted in 1995. They presented colored brochures entitled "Help Preserve Open Spaces" and noted they will be out walking, distributing the brochures, and working on gaining further endorsements. Ms. Cameron stated there will be additional inserts placed in the brochures specifically relating to Fort Collins and Loveland. Ms. Cameron expressed appreciation to the Board for their support and informed them that the Open Space Initiative is on the first page of the ballot.


Commissioner Duvall moved that the Board of County Commissioners adopt the resolution expressing their support for a citizen initiated proposal for a one-quarter cent sales and use tax to begin January 1, 1996 and to end December 31, 2003, for the purpose of preserving and providing open spaces, natural areas, wildlife habitats, parks and trails within Larimer County for today and the future, and authorize the Chair to sign same.

Motion carried 3 - 0.






8. DISCUSSION REGARDING FAIR BOARD MEMBERS: Ms. Duchene informed the Board that the terms of five members of the Fair Board will expire as of November 30, 1995 and all the current members are requesting re-appointment; however, one member will be completing his second term and is requesting a waiver to the two-term limit. In addition, Dave Jones, who has served as Chairman of the Rodeo Committee, is moving out of the county and will be resigning from the Fair Board. As the member requesting the waiver of the two-term limit is Carl Daniel, who has served as Co-Chair of the Rodeo Committee, the Board is requested to approve the waiver because of his valuable experience and to insure continuity on the Fair Board Committee. Also, Ms. Duchene requested direction from the Board if she should advertise for the one vacancy and if the Board wants to interview the applicants and the current members seeking re-appointment. Discussion followed; the Board directed Ms. Duchene to proceed with advertising for the one vacancy on the Fair Board created by the resignation of Mr. Jones, and with regard to whether or not to interview the current members seeking re-appointment, Chair Disney stated he knows all the members and he recommended waiving those interviews.

9. PROBATIONARY SALARY ADJUSTMENT FOR GINNY RILEY: Mr. Gluckman reminded the Board that during the negotiations that transpired when Virginia Riley was hired, the County agreed to give Ms. Riley a 5% pay increase after 6 months of employment, if her job performance was acceptable. Mr. Gluckman noted that as of September 1, 1995, Ms. Riley has been the Director of Human Development for 6 months and it is time for the Board to make a decision regarding her salary increase; the Board indicated they have been very pleased with Ms. Riley's job performance.


Commissioner Clarke moved that the Board approve a 5% salary increase for Virginia Riley, effective September 1, 1995, per the agreement with Ms. Riley at the time of hire, noting that Ms. Riley has performed admirably during her tenure as Director of Human Development.

Motion carried 3 - 0.


-- Items for Next Weeks Standing Meetings: Mr. Gluckman reviewed the agenda items for next weeks Planning Meeting and asked the Board if they had other items to include on the agenda; the Board thought the five items listed were sufficient.

-- Letter of Congratulations to the new Fort Collins City Manager: Mr. Gluckman requested the Commissioner's signatures on a letter of congratulations to be sent to the new City Manager for Fort Collins.

-- Discussion of Recognition Event for Members of Boards and Commissions: Ms. Hart approached the subject again of planning an event to recognize and show appreciation to all the volunteers who serve on Boards and Commissions; she suggested possibly having a reception in October. Ms. Hart also submitted a sample copy of a date book as a example of a gift to give to the members and requested input from the Board. The Board concurred with the suggestion of the reception, and recommended it be held in the evening, and they instructed Ms. Hart to pursue the date book as a gift suggestion; Commissioner Clarke suggested Ms. Hart find a gift box for the date book.


-- Commissioner Disney reported he met with Laurie Matthews of the State Parks Department yesterday; he noted that legislation is being proposed to take the authority for setting fees for state parks away from Legislature and giving it to State Parks Boards, subject to legislative review. The Commissioners were asked to talk to their local legislators to support this legislation.



Commissioner Duvall moved that the Board approve the Minutes for the week of September 18, 1995, as submitted.

Motion carried 3 - 0.


Commissioner Clarke moved that the Board approve the Schedule for the week of October 2, 1995, as submitted and amended.

Motion carried 3 - 0.


Commissioner Duvall moved that the Board approve the following documents as listed on the Consent Agenda on Document Review for September 27, 1995.

MISCELLANEOUS DOCUMENTS: Letter of Understanding from Hunt, Spillman & Associates, P.C., and FHP of Colorado, Inc. - Evidence of Coverage and Owner's Manual Revised Signature Sheet. LIQUOR LICENSES: County Approval was granted to the Hilltop Outpost - 3.2% - Red Feather, CO. Licenses were issued to: Beaver Inn - 6% WITH EXTENDED HOURS - Red Feather, CO.; Summit Restaurant - 6% - Loveland, CO.; and Kwik Korner - 3.2% - Berthoud, CO.


At this time, Assistant County Attorney Jeannine Haag joined the meeting for legal matters.

Ms. Haag requested Board approval and the Chair's signature on the closing settlement documents for the sale of Lot 52, in Glacier View Meadows Subdivision, 12th Filing.


Commissioner Duvall moved that the Board approve the closing settlement documents for the sale of Lot 52 in Glacier View Meadows Subdivision, 12th Filing, and authorize the Chair to sign same.

Motion carried 3 - 0.


Commissioner Duvall moved that the Board go into Executive Session at 11:40 a.m. to discuss a personnel matter.

Motion carried 3 - 0.

The Executive Session adjourned at 11:55 a.m.; no action taken.




( S E A L )



Sherry E. Graves, Deputy County Clerk


Aimee Jensen, Deputy County Clerk

September 27, 1995