> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 05/19/08  



Monday, May 19, 2008





The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner.  Chair Gibson presided and Commissioners Rennels and Eubanks were present. Also present were:  Samantha Mott, Michael Whitley and Sean Wheeler, Planning; Christie Coleman and Eric Tracy, Engineering; Doug Ryan, Environmental Health; William Ressue, County Attorney; Cindy Clay, Clerk and Recorder; and Angela Myers, Deputy Clerk.


Chair Gibson opened the meeting with the Pledge of Allegiance and asked for public comment on the County Budget and Land Use Code.  No one from the audience addressed the Board regarding these topics.


1.  CRICKET COMMUNICATIONS TOWER SPECIAL REVIEW: Matt Lafferty addressed the Board and explained that the Applicant has requested that the hearing be tabled until June 16, 2008, at 6:30 p.m. 




Commissioner Rennels moved that the board of County Commissioners table the Cricket Communications Tower Special Review hearing until June 16, 2008, at 6:30 p.m.


Motion carried 3-0.


Chair Gibson explained that the following items are on consent and would not be discussed unless requested by the Board, staff, or members of the audience:



2. RIVERWALK SUBDIVISION PRELIMINARY PLAT, FILE #07-S2751:  This is a request by the applicant to divide 3.84 acres into three, single-family residential lots. Lot 1 would be about 1.34 acres, Lot 2 would be about 1.31 acres, and Lot 3 would contain about 1.05 acres.  The property is located south of LaPorte approximately a half a mile and is at the end of Bingham Hill Road. The site is zoned FA, Farming Zoning District, with all adjacent lands to the subject site being zoned the same.  No zoning changes (amendments) are proposed with the development.


The property is located in and will be served by the Poudre Fire Authority. Poudre R-1 is the local school district.


There is an existing single-family residential use on what is proposed as Lot 2 on the Preliminary Plat. There are also five outbuildings of various types. One of which is a single-wide manufactured home (SWMH).  All of which are proposed to remain, except for said SWMH, which must be removed for code compliance reasons.


East Bingham Hill Drive (EBHD) serves the property in question and is classified by the County as a Local Road. It was platted with a 50.35-foot right-of-way (ROW) with the Farrell Subdivision in 1959.  EBHD now comes to an end at the west property line of said property, but it is proposed to be extended 40 feet to the east along with a vehicle turn around that will provide access to Lots 1 and 2.  Lot 3 will have its own three-point turn around in the northwest corner of said lot and will be dedicated as ROW with 20 feet of width and 60 feet of length.


The existing residence (Lot 2) is currently served by the City of Fort Collins for water and sewer with 6-inch diameter and 8-inch diameter lines, respectively. These lines currently exist in the East Bingham Hill Drive ROW. These lines will serve all of the proposed lots. The sewer line continues through the property to the east and a commitment letter for service from the City of Fort Collins was provided with the application. The developer will be responsible for any improvements or line extensions required to serve the proposed lots.


Irrigation water is not available. Current irrigation patterns, if they exist, will continue as before, with no interruption of service.


No homeowners association will be formed with this subdivision. The proposed lots will be controlled by the Larimer County Land Use Code (LUC). A road maintenance agreement will be drafted to provide for the future maintenance of the proposed road improvements.


The developer intends to have dialogue with other property owners that are served by EBHD in an effort to develop a road maintenance agreement that would provide for the maintenance of all of EBHD that lies east of Overland Trail.  At a minimum, the three lots in this proposal will be responsible for maintaining the newly installed roadway improvements.    


The property is not located in any designated 100-year floodplain.  Wetlands were suspected at the sketch plan stage over the southern portion of proposed Lots 2 and 3, and consultation with a wetlands consultant was urged at that stage. This study/visit has been done and produced a conclusion that no official wetlands are present at the site, but that an area of Siberian Elm, cottonwood, other horticultural trees and irrigated grasses are present.  Rare vegetation or neighborhood species richness areas are found upon the property. The property is not located within any known geological or wildfire hazard areas.


Per the plat of the Farrell Subdivision, the subject site was the majority of property retained by Preston and Esther Farrell when the Farrell Subdivision was platted. In 1966 a portion of East Bingham Hill Drive was vacated and added to the Preston and Ester Farrell parcel. Per the current property description, it appears that ½ of the railroad ROW was vacated and deeded back to the parcel. To the best of the applicant’s knowledge, no further development on the property occurred, other than what was listed previously.


The Planning Commission and Development Services Team recommends that the Board of County Commissioners approve the Riverwalk Subdivision Preliminary Plat, File #07-S2751, for subject property be approved, subject to the following conditions and new date of September 2, 2008, for condition I.a.:


A.  The Final Plat of the Riverwalk Subdivision shall be consistent with the information contained in the File #07-S2751, or as modified by conditions of approval.


B.   The following fees shall be collected at the time of building permit for new single-family dwellings: the Poudre School District fees in lieu of dedication, the Larimer County Capital Transportation Expansion fee and the Larimer County Park Fee in lieu of dedication.  The fee amounts that are current at the time building permit application shall apply.  For any other work within the County Road right-of-way, the County Engineer’s office will require an Access or Right-of-Way Construction Permit. Before construction, the applicant must also contact the County Engineering Department and obtain a Development Construction Permit.


C.  The applicant shall sign a Final Development Agreement, to be prepared by Staff and approved by the County Attorney.


D.  The applicant shall sign a Final Disclosure Notice for approval by the County to be recorded with the Final Plat.  This notice will provide information to all lot owners of the conditions of approval and special costs or fees associated with the approval of this project.  The notice must include, but is not limited to, all issues related to rural development; the requirement for engineered footings and foundations and the requirement for passive radon mitigation.  Other items raised in the review, or related to compliance with the Larimer County Land Use Code, may also be included.


E.   Requirements concerning drainage:


a.  The final plans will need to include more roadway design information for the turn around and extension, including thickness and type of material to be placed, as well as spot elevations which allow surface runoff to drain properly.


b.  With Final Plat submittal, the Final Drainage Plan and Report will need to be prepared, signed and stamped by a professional engineer.


c.  The final plans will need to call out the minimum finished floor elevations, per the recommendations in the Geotechnical Report and Page 3 of the Preliminary Drainage Report.


d.  The final plans need to show the erosion control measures per the recommendations given on Page 5 of the Preliminary Drainage Report.


e.  The Final Drainage Report and Plans will need to show any new driveway culverts, if necessary.  Larimer County Rural Area Road Standards (LCRARS) Drawings 7 and 11 shall be referenced accordingly.


f.  This project proposal lies within a Drainage Basin, and drainage fees will need to be calculated by the Engineering Department.


F.   Requirements concerning road capacity and access:


a.  Since this project will access Overland Trail, a paved County Road, a new paved apron will need to be provided at the Bingham Hill Road and Overland Trail intersection, since the existing paved apron is in poor condition. The new paved apron will need to extend from the edge of pavement on Overland Trail to the edge of right-of-way and shall be a 24-foot wide, 4-inch thick, paved mat with 20-foot return radii.  As long as written documentation is provided which indicates that the applicant is willing to build this apron, the plans can be updated accordingly with the final plat submittal.


b.  The submitted drawings call out the road name as “East Bingham Hill Drive”. This particular street name does not meet the County’s Rural Addressing and street name requirements. As a result, the plat and plans shall indicate the street name as Bingham Hill Road, or a new street name shall be proposed in coordination with Karlin Goggin of the Larimer County Building Department.


c.  This project will be responsible for installing the appropriate street name sign panel which can be located on top of the stop sign post (on the northeast corner of the Overland Trail intersection) per LCRARS Drawing 8 and 9. Also, the County’s Road and Bridge Department will be contacted by the Engineering Department office to install a new sign post to replace the existing wooden post as well as “No Outlet” plaques.


G.  Utility easements shall be shown upon the plat according to the following: 1) Front Lot Line: 15 feet wide, 2) Side Lot Lines: 5 feet wide and 3) Rear Lot Lines: 10 feet wide.


H.  The following building setback information shall be shown upon the plat: 1) Front Yard: 25 feet from the property line or the edge of the road ROW, 2) Side Yard: 5 feet and 3) Rear Yard: 10 feet.  The Preliminary Plat needs to show these building setbacks. At this point in time the proposed south lot line to Lot 1 would be a front yard for the distance concurrent with the proposed right-of-way (ROW) line, then be considered a side yard and the north line of Lot 2 would be a side yard. The north line of Lot 3 would be considered a front yard.


I.    For compliance to the LUC on outstanding issues, the following shall be required:


a.  Removal of the red/brown mobile home that was originally permitted as an office for a greenhouse use; but since the green house use is gone, said home shall be removed by September 2, 2008, or before the Final Plat is recorded, which ever comes first.


b.  Four options exist for the small (12’ x 7.8’) shed/building proposed to remain on Lot 1, because it would be in the side yard setback of five feet: 1) change the course of said property line, thus allowing more space; 2) apply for an appeal to the five-foot side yard setback requirement of the LUC for it to be waived or varied, which could be done during the processing of the this subdivision; 3) physically move the building back; or 4) utilize PD, Planned Development, zoning, which is allowed in this LaPorte Sub-area Plan. This last option allows a developer to write their own setbacks.     


J.    The Larimer County Building department, in their November 28, 2007, memo, stated that a building permit for a 26’ x 40’ pole building has expired.  This issue needs to be addressed and shall be a condition of approval of said subdivision.


K.  For construction design purposes, the finished basement floor slab elevations should extend no deeper than five feet below existing site grades and an under-slab drainage system, in addition to conventional subsurface perimeter drainage, will be required beneath each structure.


Planning Staff referred the application to a number of County departments and outside agencies for consideration.


The State of Colorado Geological Survey recommended that the finished basement floor slab elevation should extend no deeper than five feet below existing site grades and that an under-slab drainage system, in addition to conventional subsurface perimeter drainage, would be prudent beneath each structure.  These systems would require a sump and automatic sump pump system to remove water and the water would need to be discharged a sufficient distance away from all structures.  County staff would concur with this recommendation because of the soils present at the location and the future adjacent water reservoir land use.  


The Larimer County Addressing Coordinator expressed, in her November 27, 2007, memo, the proposed East Bingham Hill road name in not acceptable, but Bingham Hill Road could be used. If the latter is not used, then a unique non-duplicated road name must be selected. All addresses will be from this road. Addresses will be assigned in accordance with the 3300 block grid.


The Development Services team finds the proposed Riverwalk Subdivision is compatible with existing and permitted land uses in the surrounding area, provided the applicant complies with the recommendations noted above.  The proposed Riverwalk Subdivision can comply with all applicable requirements of the Land Use Code, provided the applicant complies with the recommendations noted above. The recommendations of referral agencies have been considered during the processing of the proposed Riverwalk Subdivision. The approval of the proposed Riverwalk Subdivision will not result in a substantial adverse impact on other property in the vicinity of the proposed subdivision, provided all recommendations and requirements of the LUC are met. 


3. SILVER TREE LANE ROAD EXTENSION AND RIGHT-OF-WAY DEDICATION:  This is a request to dedicate approximately 210 feet of road right-of-way, which would serve as an extension of Silver Tree Lane.  The existing right-of-way was dedicated with the plat of Marys Lake Ridge subdivision and extended with the Silver Tree Subdivision. 


The existing right-of-way serves three subdivisions in total:  Marys Lake Ridge, Silver Tree Lane, and Hallett Heights.  The right-of-way ends at the southern end of Hallett Heights subdivision, with a planned shared driveway extending north to serve three lots within the Hallett Heights subdivision.  Extension of this right-of-way and construction of the street will allow these three lots direct access to a public right-of-way rather than the shared driveway.  Hallett Heights and Silver Tree subdivision share the same developer, and the existing development agreement/letter of credit would account for the additional road construction.


Staff finds that Silver Tree Lane was dedicated with the plat of Marys Lake Ridge Subdivision.  Silver Tree Lane is a private street within public right-of-way.  The applicant proposes to extend right-of-way and street to allow private driveways to have direct access in lieu of a shared driveway.  Silver Tree Lane will continue to be a private street.


Based on the foregoing, Staff recommends approval of the requested Silver Tree Lane right-of-way dedication.



4. ZIMMERMAN/RAJEWSKI MINOR RESIDENTIAL DEVELOPMENT AMENDED PLAT, FILE #08-S2791:  The is a request for an amended plat to reconfigure the lot lines between Lots 1 and 2 in the Zimmerman/Rajewski M.R.D. and Lot 18 in the Sunset Ridge Sixth Filing Subdivision.  There is an existing utility, access and irrigation easement running along the west side of Lot 2 of the MRD where the Jackson Ditch is located.  A portion of the easement from Lot 2 will be added to Lot 18 of the Sunset Ridge Sixth Filing Subdivision, and the lot line between Lot 1 and Lot 2 of the MRD will be reconfigured.


No neighbors have voiced any objections to this proposal.  Additionally, the following Larimer County agencies have stated that they have no objections to this proposal:  Department of Health and Environment; Addressing Coordinator; Engineering Department (refer to letter dated April 15, 2008) identified several required corrections to the plat; Dale Greer, Land Surveyor of the Engineering Department (refer to letter dated April 14, 2008) identified several required corrections to the plat; Code Compliance Section noted that there is one outstanding building permit of record connected to Parcel 98291-08-701.  Code Compliance must be contacted to obtain the required inspection approvals (Refer to Candace Phippen’s letter dated April 18, 2008.); and the Jackson Ditch Company, who had no particular issues with this application.


The proposed plat amendment of Amended Lots 1 and 2 in the Zimmerman/Rajewski M.R.D. and Lot 18 in the Sunset Ridge Sixth Filing Subdivision will not adversely affect any neighboring properties or any county agency.  The Amended Plat will not result in any additional lots.  The staff finds that this request meets the requirements of Larimer County Land Use Code.


The Development Services Team recommends approval of the Amended Plat of Lots 1 and 2 of the Zimmerman/Rajewski M.R.D No. 92EX0118 and Lot 18 and a Part of Tract B of Sunset Ridge Sixth, File # 08-S2791, subject to the following conditions and authorization for the chairman to sign the plat when the conditions are met and the plat is presented for signature:


1.   All conditions of approval shall be met and the Final Plat recorded by November 19, 2008, or this approval shall be null and void.

2.   Prior to the recordation of the Final Plat, the applicant shall make the technical corrections required by Dale Greer, Land Surveyor of the Larimer County Engineering Department, in his letter dated April 14, 2008.

3.   Prior to the recordation of the Final Plat, the applicant shall make the corrections required by Matt Johnson, Larimer County Engineering Department, in his letter dated April 15, 2008.

4.   The Final Plat shall be revised to include a signature block for all lien holders.

5.   The title shall be revised to read “Amended Plat of Lots 1 and 2 of the Zimmerman/Rajewski M.R.D. No. 92EX0118 and Lot 18 and a Part of Tract B of Sunset Ridge Sixth.”

6.   Revise the Surveyor’s Certificate and Certificate of Ownership and Dedication to match the title.

7.   Prior to recordation of the Final Plat, clearly identify the existing utility, access and irrigation easement.




Commissioner Eubanks moved that the board of County Commissioners approve the consent agenda, as outlined above.


Motion carried 3-0.



5.  WASTE NOT RECYCLING SHOW CAUSE HEARING, FILE #02-BOA0343:  Matt Lafferty addressed the Board and explained that this is a staff initiated request to determine if the Special Exception approval for Waste-Not-Recycling (02-BOA0343) is null and void or if the approval can be extended with specific conditions.


In 2003, the Board of Adjustment approved the Waste Not Recycling Special Exception, which approval allowed the use of an existing building and property as a recycling facility.  This approval included conditions that the property owner would need to meet within one year, or the approval would be null and void.  One such condition required the submittal and approval of a Site Plan Review application.  The applicant did submit the application, but has not received approval because of issues stemming from traffic improvements to Highway 34.  Five years have now passed, these issues remain unresolved, and the business continues to operate without the required approvals.  The Development Services Team is, therefore, requesting a hearing to determine if an extension to the past approval can be made, with conditions, or if the approval should be revoked for lack of compliance with the original approval.


A letter (copy provided to the Board) was sent to the property owner summarizing the original approval and providing an outline of a preferred resolution with timed deadlines for compliance.  Also indicated in the letter was the potential action that would occur if the timelines outlined are not met.


The Development Services Team recommends that the Board of County Commissioners approve an extension of the Waste Not Recycling Special Exception (02-BOA0343), subject to the original conditions of approval and the following additional conditions:


1.   By August 1, 2008, Waste Not Recycling will provide to CDOT construction documents that meet CDOT’s requirements listed in the October 23, 2007, letter from Gloria Hice-Idler for highway improvements.  Also by this date, Waste Not Recycling will provide to the Larimer County Planning Department all items required to be submitted for the Site Plan Review application (03-SP0105).


2.   By September 1, 2008, Waste Not Recycling will obtain an access permit from CDOT for this project.


3.   By October 1, 2008, Waste Not Recycling will commence construction of the highway improvements and any other improvements required by the County approved Site Plan.


4.   By October 15, 2008, Waste Not Recycling will complete all construction of the highway improvements and any other improvements required by the County approved Site Plan.


Mr. Lafferty explained that the Applicant is now requesting that the hearing on this matter be tabled until 6:30 p.m. on July 21, 2008.   He further explained that staff is not in favor of tabling this matter because of the five-year length of time the property owner has had to correct the situation at this location. 


Commissioner Eubanks asked why the Applicant is making this tabling request, considering the time that has already elapsed.  He further asked about communication between all involved.  Brief discussion ensued regarding the history of communications in this matter, the need to continue moving the matter forward, and how binding the current conditions and timelines are if tabling is granted.


Chair Gibson invited the property owner to speak.  John Barnett, representative for the property owner, approached the Board and explained the reasons for the tabling request; including the ability for attendance at that time by the property owner and neighbors who wish to comment, the ability for advance discussion to take place with staff regarding the change in circumstances since the original special review (annexation and industrial zoning of the southwest boundary of the property by the Town of Johnstown), and revised site plan.  He further stated that the property owner was under the impression that a tabling request in such matters is typically granted, and explained that property owner is considering the cost of compliance versus closing the business. 


Discussion ensued regarding the deadlines being requested by staff.  Ms. Coleman explained that the deadlines were actually an effort to save the property owner some of the cost of creation of the turn lane.  She further explained that CDOT has stated that they will be working on other projects in the area, and installing the turn lane while the other work is progressing could significantly save some of the cost for the property owner.


Commissioner Rennels expressed her desire that, if the Board approves the extension in this matter under the current deadlines, these deadlines can be revised by motion of the Board during the meeting on July 21, 2008.  Discussion ensued on this topic.


Chair Gibson explained that the Board is looking for the Applicant to make some progress on this matter by July 21, 2008, and that any changes to the deadlines would have to be voted on by the Board at that time.




Commissioner Rennels moved that the Board of County Commissioners approve the extension of the Waste Not Recycling Special Exception (02-BOA0343), subject to the original conditions of approval and further require the applicant to comply with deadlines as set forth by the Development Services Team, or as modified in the hearing on July 21, 2008, at 6:30 p.m.


Motion carried 3-0.


The hearing adjourned at 3:30 p.m.



tuesday, MAY 20, 2008



(#210, 211)


The Board of County Commissioners met at 9:00 a.m. with County Manager Frank Lancaster.  Chair Gibson presided. Commissioner Rennels and Commissioner Eubanks were present.  Also present were Donna Hart, Deni LaRue, and Bob Keister, Commissioners’ Office; Ginny Riley and Kathy Snell Human Services Department; Laurel Kubin, Extension Office; Wynette Reed and John Gamlin, Human Resources Department; Larry Timm & Jill Bennett, Planning Department; Joe Rowan, Funding Partners; Charlie Johnson, Engineering Department; K-Lynn Cameron, Natural Resources Department; Bill Nelson, Sheriff’s Department;  Cindy Clay and Gael Cookman, Deputy Clerks. 


1. PUBLIC COMMENT:  There was no public comment on this day.




Commissioner Rennels moved to approve the minutes for the week of May 12, 2008, as published.

Motion carried 3-0.


3. REVIEW OF THE SCHEDULE FOR THE WEEK OF MAY 26, 2008Ms. Hart reviewed the upcoming schedule with the Board.




Commissioner Eubanks moved that the board of County Commissioners approve the Consent Agenda as published for May 20, 2008.








MISCELLANEOUS: 1) Parental Fee for WORKS Child Care Proposal  2) Human Resources Policy and Procedure 331.6.24C – Family and Medical Leave


LIQUOR LICENSES:  Fox Acres Country Club, Hotel and Restaurant, Red Feather Lake; Windjammer, Modification of Premises, Loveland.

Motion carried 3-0.


5. TRANSFER OF MAINTENANCE EFFORT REFUND TO HEALTH AND HUMAN SERVICES DIVISION:    Ms. Riley requested approval to retain the refund of $306,202 provided by the Federal government to Larimer County for meeting the Work Participation Rate in the TANF (Temporary Assistance to Need Families) program.  She requested that these funds be transferred to the Health and Human Services Budget for use with the jail re-entry program as well as transportation assistance, by way of a new bus and new driver, to those needing to get to the new Medical Center of the Rockies for medical care.  Ms. Snell indicated that this had been the subject of discussion previously.  The new bus would be part of the Larimer Lift program already in force but would potentially allow for transportation further into the urban area.  Commissioner Eubanks asked about future long term funding.  Ms. Snell indicated there was no long term funding plan for the jail re-entry program.  The Sherriff’s department has been able to provide $100,000 to this program and it will have continued funding from the County as long as the County is able to continue funding 2 Case Managers. She also indicated that much of the remainder of  expenses are currently covered through grant money which is not an ongoing guaranteed source of funding. 

Ms. Riley is hopeful that with this refund, she is able to “buy more time” for Ms. Snell to find more funding as proposals take time to prepare and get funded.  Commissioner Gibson questioned “why select this project” over others.  Ms. Riley indicated that this project could not be qualified for the TANF reserves and that this is another source of funding. 



Commissioner Rennels moved to approve authorizing the Department of Human Services to retain the $306,202 refund of TANF Maintenance of Effort dollars due to meeting the Work Participation  Rate in Federal Fiscal Year 2006 and to transfer those funds to the Health and Human Services Division for support of the Jail Re-Entry project and to provide transportation services to medical appointments for needy residents of Larimer County.

Motion carried 3-0.


6. REQUEST FOR ELEVEN ADDITIONAL FULL TIME EQUIVALENTS IN BENEFITS PROCESSING AND ADULT PROTECTION:   Ms. Riley presented her request for 11 new FTE’s in Human Services relating to the funding stream called County Administration which funds Adult Protection and all of the other programs that Human Services determines eligibility for.  She stated that this funding stream has been grossly underfunded for many years and Human Services has had to subsidize these programs through other County funds.  Through restructuring of another County program, County Contingency, and moving the savings from that restructuring into County Administration, she anticipates her department will be receiving additional funds beginning July 1, 2008.  She reiterated that they have been extremely behind in timely  processing of  claims due to turnover in the department, some of which has been a result of internal promotions.  This has left them with a shortage of experienced technicians. 

The positions requested include 1 FTE for a Caseworker in Adult Protection; the remaining positions are clerical technicians, one Human Services Training Specialist and one Income Maintenance Manager.  Commissioner Eubanks asked if any of these positions could be considered in the realm of public safety.  Ms. Riley confirmed that the Caseworker in Adult Protection may possibly tie into the criminal justice system as this position addresses abuse, neglect and exploitation of elderly and disabled persons.  Conversation ensued regarding the funding of these FTE’s.  Ms. Riley explained that fund balance could handle this for the next 5 years but stated that during this time, plans for future funding need to be addressed. 

Commissioner Gibson expressed his concern over the general funds being available for future funding and did not want to create a temporary “5-year program.” Commissioner Rennels suggested that Child Welfare would also fall into the category of Public Safety and stated that funds could be shifted if necessary.  Ms. Riley claimed that this is not a new program, merely putting more resources into the existing mandated programs.  At this point, they are out of compliance – not meeting the requirements of the community.  She believes that the current staff is unable to catch up; thus, the need for the new FTE’s.  Commissioner Eubanks talked about the fact that there is a large amount of over-payments made on claims and Ms. Riley explained that one of the functions of the new Human Services Training Specialist would be in the area of recovery. 



Commissioner Eubanks moved that the Board of County Commissioners approve the addition of regular FTE to the Human Services Department:

Motion carried 3-0.


7. ALLOCATION OF INTEREST EARNED ON DONATIONS FOR 4-H BEEF PROGRAM:  Ms. Kubin presented a proposal by Ed and Marilyn Hansen.  The Hansens donated $50,000 to be used for beef, barn or livestock judging arena at The Ranch several years ago.  As this is no longer part of the master plan, the Hansen’s proposed that the interest earned over the now balance of about $60,000 be used to support the 4-H kids beef projects.  The Extension Office is fully supportive of this, as is Bob Herrfeldt, Fairgrounds and Event Center Director,  and requested that the interest over the years be allocated to support this project.



Commissioner Rennels moved to approve using the interest earned on the Ed and Marilyn Hansen donation to Larimer County above a balance of $60,000 to support the 4-H Beef Project Completion Reward Program.

Motion carried 3-0.


8. ORACLE ADVANCED BENEFITS PROJECT AND BENEFIT PROCEDURAL CHANGES:  Ms. Reed recommended some procedural changes they would like to put into place and asked for the Board of County Commissioners’ approval.  The County is in the process of implementing Oracle Advanced Benefits.  Three areas have been identified as needing to be “cleaned up” to help with the implementation and to benefit the employees.  The changes would not be effective until 2009 and include: 1)  Minimize the waiting period for benefit eligibility  2) In the area of the Medical Insurance Waiver, eliminate the option of employees taking Accidental Death and Dismemberment.  Instead, the only option to all new employees who deny benefits would be a $50 per month payment.  3) Retirement entry date for new employees is currently  the first quarter following their one year employment anniversary.   With the inception of Oracle Advanced Benefits, the plan would be for employees to be entered into the retirement benefit plan on the first of the month following their one year employment anniversary. 

The employees currently on  AD&D were contacted and no negative feedback was received. This plan would not have any impact on budget until 2010.  Ms. Reed explained how Oracle Advanced Benefits would be much more automated; thus, a huge time and money saver to the County.



Commissioner Eubanks moved to approve benefit plan procedure changes to the Benefits Effective Date, the Medical Insurance Waiver Reimbursement and the Retirement Entry Date.

Motion carried 3-0.


9. APPROVAL OF PROPOSED REVISIONS TO LARIMER COUNTY HUMAN RESOURCES POLICY AND PROCEDURE 331.6.24B, FAMILY AND MEDICAL LEAVE:  Mr. Gamlin discussed the amendments signed  into  law by President Bush in January of 2008 to the Family and Medical Leave Act, extending eligibility for coverage to certain employees when their family members are injured in the line of duty, and to employees when they have a covered family member called to active duty.  The Department of Labor was charged with amending its regulations to give guidance to employers and employees as to how this was going to work.  This may not be completed until later this year or early on next year.  Mr. Gamlin suggested the addition of language to current policy advising employees in writing of these new opportunities for leave and to make sure that employers are aware of their responsibility.  Once the Department of Labor makes its decisions and recommendations, the County would further clarify the language in accordance with their recommendations.



Commissioner Rennels moved to approve the proposed revisions to Larimer County Human Resources Policy and Procedure 331.6.24B, Family and Medical leave to clarify that eligible employees are entitled to FMLA leave under certain circumstances relating to their or a covered family members’ call to active duty.

Motion carried 3-0.


10. FUNDING FOR A PORTION OF THE CODE COMPLIANCE FUNCTION:  Mr. Timm discussed the issue of the Code Compliance function no longer being funded by the Building Special Revenue Fund, effective June 1, 2008.  He requested that  portion of the Code Compliance Function be funded by the General fund for the remainder of 2008.  This supplemental amount is $56,904.  After this time, the Board of County Commissioners would determine how to deal with the Code Compliance Function for the 2009 budget.  Mr. Timm expressed concern that if the Board does not approve the funding, levels of service would have to be reduced in the Planning Department.  Commissioner Rennels mentioned that previous discussion had taken place regarding making Code Compliance an entity in itself in the next year.  Mr. Timm would suggest that in the 2009 budget.



Commissioner Eubanks moved to approve the cost for Code Compliance be transferred from the Building Special Revenue Fund to the Planning Department Budget, and that the Planning Department Budget be supplemented in the amount of $56,904 from the General Fund balance.

Motion carried 3-0.


11. 1041 REGULATION REVIEW SCHEDULE: Discussion ensued between the Board of County Commissioners, Mr. Timm and Ms. Bennett regarding direction on the 1041 regulation review schedule.  It was determined that work will continue on the power plants and electric transmission lines with direction to pursue pipelines (i.e. water, gas) as the next priority. 


12. DEPARTMENT OF NATURAL RESOURCES PARTNER WITH CITY OF GREELEY FOR GRANT WRITING ASSISTANCE:  Mr. Johnson and Ms Cameron addressed the board on the subject of mentoring Greeley in the area of grant writing and assisting them in this process.  Greeley is completing plans to route a water pipeline from Bellvue to Greeley.  A portion of this pipeline runs through sensitive historic and riparian areas in LaPorte.  Commissioner Eubanks relayed his desire for Larimer County to build a partnership with the city of Greeley and mentioned that we are already doing so with the City of Fort Collins.  Commissioner Gibson expressed concern about the time obligation involved; Ms. Cameron confirmed that Engineering and Natural Resources would be monitoring this.  All were in agreement that the use of County resources would be beneficial to both Larimer and Weld Counties at a time where protecting the Poudre River is at the forefront of discussion and interest.


13. DEPARTMENT OF NATURAL RESOURCES RISK ASSESSMENT OF CURRENT OPEN SPACES TO MINING INTERESTS:  Commissioner Eubanks discussed the issue of mineral rights of Larimer County Open Spaces and the possibility that they are not protected against future mining.  Discussion ensued about the importance of protecting our open spaces with the prices of minerals escalating creating the interest in mining in these areas.  Commissioner Eubanks proposed that the Department of Natural Resources perform a risk assessment of our county’s open space inventory and determine whether we need to address the procurement of mineral rights of existing properties, or for future acquisitions.  Ms. Cameron commented that she and Mr. Buffington had had this conversation and it was determined that Mr. Johnson would be assigned to performing this risk assessment.  In areas that the risk of mining is high, Ms. Cameron indicated that Open Space tax dollars could be used for acquiring the mineral rights to such areas.  In the future, this issue may go to the voters as the need for more dollars becomes greater for funding the purchase of mineral and water rights.  



Commissioner Eubanks moved to approve directing the County Manager to have Department of Natural Resources staff perform risk assessment on County fee title properties, open areas and areas under conservation easement and report back to the Commissioners.

Motion carried 3-0.


14. UPDATE FROM FUNDING PARTNERS:  Mr. Rowan updated the Board of County Commissioners on the background of the Funding Partners.  In the mid 1990-s, a revolving loan fund was created between the cities of Fort Collins and Loveland for supporting affordable housing efforts within Larimer County.  The fund has grown to be a state-wide organization with a capital loan base of roughly $12 million with an additional $3.5 million that they service for others who are providing resources to developers of housing who contribute a portion of their projects to those in need.  The fund also provides down payment assistance to first time home buyers and are putting other projects together and promoting economic development in the communities.  They will continue to work with County staff to provide necessary programming.  Mr. Rowan expressed gratitude to the active role the Larimer County Board of County Commissioners has played in this effort.  He reported that they have provided  just over $5 million in financing to both the Housing Authorities of Fort Collins and Loveland, Neighbor to Neighbor, Habitat for Humanity, Care Housing and others which has leveraged over  $100 million of other financing.  The impact has funded over 600 units of housing within Larimer County.


15. APPROPRIATION OF CARRYOVER FUNDS FROM 2007:   After the final closeout of each year, there is a certain amount of funds that were unexpended in the previous year that are available for use in providing county services.  Some of these funds are for projects that were previously approved, but not completed in 2007.  Others are funds that are legally or otherwise dedicated to a specific use and cannot be redistributed to another area.  These funds are automatically carried over as appropriate.  Each spring the budget is re-examined and items not able to be funded at the time the budget was adopted and new requests from county departments are reviewed and presented to the Board of County Commissioners for consideration.  Discussion ensued on such items with input from Bob Keister and Bill Nelson.   The carryover funds from the Sheriff’s Department were discussed at length and Mr. Lancaster requested the board approve the carryover funds for this year only with a commitment from Mr. Nelson to provide a detailed report at the end of the year specifying how these funds were spent.  Mr. Lancaster suggested that non-sheriffs items could be approved at this time. 



Commissioner Eubanks moved that the Board of County Commissioners support the infrastructure for Finance including Oracle Consulting for $41,750.

Motion carried 3 – 0.



Commissioner Rennels moved that the Board of County Commissioners approve the Fairgrounds $5,000 for start up support for new Fair Board structure.

Motion carried 3 – 0.


16. COMMISSIONER ACTIVITY REPORTS:    The Commissioners noted their attendance at events during the past week.


17. COUNTY MANAGER WORKSESSION:  Mr. Lancaster requested approval of a contribution of $250 from Special Projects Fund to the League of Women Voters.  Approval was granted; however, no formal motion was issued.


18. LEGAL MATTERS:  There were no legal matters on to discuss.


There being no further business, the meeting adjourned at 12:30 p.m.




                                                                        GLENN GIBSON, CHAIR














Angela Myers, Deputy Clerk



Cindy A. Clay, Deputy Clerk