MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, October 7, 2002

LAND USE HEARING

(#103)

The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Jim Reidhead, Rural Land Use Center; Karin Knauf, Sean Wheeler, Matt Lafferty, and Sarah Flick, Planning Department; Roxann Hayes and Traci Downs, Engineering Department; Doug Ryan, Health Department; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Recording Clerk.

Chair Gibson noted that item #1 Lovata Rural Land Use Plan Change of Condition has been removed from the agenda at the request of staff and that item #2 Starks Conservation Development Exception/Appeal is being tabled to January 6, 2003 at the request of the applicant.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners remove item #1 Lovata Rural Land Plan Change of Condition from the agenda and table item #2 Starks conservation Development Exception/Appeal to January 6, 2003 at the request of the applicant.

Motion carried 3 - 0.

Chair Gibson requested item #8 Ellis Ranch Preliminary Rural Land Plan Time Extension be removed from the consent agenda for clarification and noted that the following items are consent and would not be discussed unless requested by the Board or members of the audience.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners remove item #8 Ellis Ranch Preliminary Rural Land Plan Time Extension from the consent agenda.

Motion carried 3 - 0.

3. GRAVES MINOR LAND DIVISION: SW 1/4 24-08-70: BETWEEN BELLVUE AND TED'S PLACE, ON THE EAST SIDE OF COUNTY ROAD #25 E., NORTHWEST OF FORT COLLINS

This is a request to divide a 35-acre site into 1 buildable lot, and 1 non-buildable lot as a Minor Land Division (MLD). Lot 1 will be approximately 12.58 acres in size and Lot 2 will have 22.45 acres. Staff findings are 1. The Graves MLD is consistent with the review criteria and standards of Section 5.4 (Minor Land Division) of the Larimer County Land Use Code; 2. The Graves MLD is not part of a previously recorded subdivision, exemption or Minor Residential Development, and is eligible for the Minor Land Development Process; 3. The Graves MLD will exceed the minimum lot size requirements for the O-Open Zone District where it is located; 4. The parcels created will meet the minimum access standards of the County Engineering Department, as they will use existing access points; 5. The Graves MLD will not result in any negative impacts to surrounding properties or uses. Staff recommendation is approval.

4. SPRING CANYON HEIGHTS 4TH FILING LOT 29 EASEMENT VACATION: SW 1/4 OF 31-07-69; LOCATED AT 4928 SKYLINE DRIVE IN SPRING CANYON HEIGHTS 4TH FILING.

This is a request to vacate a 10 foot easement along the northerly property line of Lot 29 of Spring Canyon Heights 4th Filing. Staff recommendation is approval of the 10 foot easement vacation along the northerly lot line of Lot 29 of Spring Canyon Heights 4th Filing (02-S1999).

5. CONDOMINIUM PLAT - LOT 14 SUNRISE ACRES 5TH FILING: NW 1/4 OF 10-07-68; LOCATED ON THE SOUTHWEST CORNER OF DAWN AVENUE AND PLEASANT ACRES DRIVE.

This is a request to condominiumize the existing duplex at Lot 14 of the Sunrise Acres 5th filing. Staff findings include 1. The proposed Condominium Plat and declarations are in compliance with the Larimer County Master Plan and Land Use Code; 2. The condominium is compatible with the other development in the surrounding area; 3. Approval of the condominium will not result in any significant impacts to the neighboring properties, the natural environment, of the provision of services and infrastructure; 4. Property values in the surrounding area would not be adversely affected by this condominium; 5. Maintenance of the buildings, landscaping and other common areas will be the responsibility of the property owners association, pursuant to the Condominium Declaration and By-laws of the Condominium Association. Staff recommendation is approval of File #02-S2000 for the Condominium Map for Lot 14 of the Sunrise Acres 5th Filing.

6. ROCKY MOUNTAIN SHAMBHALA AMENDED SPECIAL REVIEW: 13 & 23-09-73; LOCATED ON THE EAST SIDE OF COUNTY ROAD 68C, APPROXIMATELY 2 MILES SOUTH OF COUNTY ROAD 74E.

This is a request for an amendment to the special review for the Rocky Mountain Shambhala religious retreat to re-locate the location of structures within the property and to establish criteria for special events. Staff findings include 1. The proposed Amended Special Review for the Rocky Mountain Shambhala Center is in compliance with the review criteria for Special Review in the Larimer County Land Use Code - Section 4.5.3; 2. If operated as stated in the application materials and in compliance with County regulations and conditions of approval, the proposed use should not result in any negative impacts on area properties, provision of services, access and traffic, or the natural environment. Staff recommendation is approval of the Amended Special Review of the Rocky Mountain Shambhala Center #01-Z1389 subject to the following conditions 1. All of the conditions of the previous approval shall remain in full force and effect; 2. The maximum facility population of 450 (summer time) and 150 (wintertime) shall not change; 3. Two special events per year, that exceed the normal population of the facility, may be held at the facility. Such special events shall require submittal of a operations plan to the Planning Department at least 60 days prior to the event, and shall address issues such as transportation, supplemental water and sewer, food service, emergency contingencies, fire safety and communications, for which reasonable conditions may be required for the event; 4. The proposed new kitchen/dining facility shall be completed as part of the Phase II improvements, but no later than 5 years from the approval of this Amended Special Review application; 5. Building permits for occupied structures allowed under this special review shall require approval through the County Site Plan approval process, and shall be reviewed by the Larimer County Health and Environment to ensure coordination with water and sewer improvements; 6. Updated water and sewer operations manuals and as-built plans shall be prepared with the completion of sewer and water improvements, with copies submitted to the County Department of Public Health and Environment with in 60 days of their completion.

7. REZONING AND PRELIMINARY PLAT APPROVAL FOR THE HOMESTEAD PUD 2ND FILING PLANNED DEVELOPMENT (PD) AND PLANNED LAND DIVISION (PLD)

This is a two-part request 1. Rezoning from FA-1 (Farming) to PD (Planned Development) for a single-family development at a gross density of 1.31 dwelling units per acre, and 2. Preliminary Plat approval for the Homestead PUD 2nd Filing PLD (Planned Land Division), which will consist of 30 single family residential lots on the 22.83 acre property known as Tract D of the Homestead PUD. Staff recommendation is 1. Approval of the request to rezone the property for the Homestead PUD 2nd Filing PLD (file # 02-S1938) from FA-1 (Farming) to PD (Planned Development) subject to the following conditions 1. The zoning designation for the subject Homestead PUD 2nd Filing PLD shall be PD (Planned Development), which zoning classification will subject to the development standards and requirements of Subsection I.F of the Larimer County Development Standards for the Fossil Creek Reservoir Area found in the Supplemental Regulations to the Larimer County Land Use Code Section 8.9.2.A.1, or as amended. And Approval of the preliminary plat for the Homestead PUD 2nd Filing PLD (file # 02-S1938) subject to the following conditions 1. The Final Plat shall be completed in strict compliance with the conditionally approved preliminary plat and other information submitted by the applicant, unless modified by the conditions of this approval; 2. The following fees shall be collected at building permit for each dwelling unit in the Homestead PUD 2nd Filing PLD: Poudre School District fees in lieu of dedication, Larimer County fees for County and Regional Transportation, Larimer County Fees for Drainage, and Larimer County Community and Regional Park fees in lieu of dedication. The fee amount that is current at the time building permit application shall apply; 3. Construction plans that are required as part of the final plat process will require review and approval of the County Engineer, City of Fort Collins Engineering Department, Poudre Fire Authority, Fort Collins-Loveland Water District and South Fort Collins Sanitation District before the Final Plat is recorded; 4. The applicant shall provide a Disclosure Notice to be approved by the County as a part of the Final Plat, and recorded with the Final Plat. This notice shall provide notice to all future lot owners of the conditions of approval and special costs or fees associated with the approval of this project. Included but not limited in this are the issues related to rural development, the need for engineered footings and foundations, and the issues raised in the review and or related to compliance with the Larimer County Land Use Code; 5. The applicant shall include language in the Development Agreement that restricts fencing, including cross fencing, within the drainage easement along the real lot lines of Lots 1-19, Block 1. If necessary no fence easements shall be included on the final plat; 6. The applicant shall include language in the Development Agreement prohibiting modification of the grade in the drainage easement along the rear lot lines of Lots 1-19, Block 1, without authorization of the engineering Department for the governing municipality. This language should also address the restriction of landscape features that may restrict storm water flows in the easement; 7. The storm drains situated between lots 19 and 20 and 6 and 7 shall not be situated in easements, but shall be placed in outlots; 8. The emergency access easement along the southern boundary of the site shall be situated in an outlot. At the time the emergency access is no longer required, the outlot shall be vacated and added to the adjacent lots to the north; 9. The emergency access road shall be constructed of an asphalt surface as required by the Poudre Fire Authority referral comments from Michael Chavez dated April 30, 2002; 10. A sidewalk for bicycle / pedestrian movement shall be provided between Lots 6, 7, 14 and 15, Block 1. Should grades prevent the location of the sidewalk in the noted location the alternate location shall be between Lots 3, 4, 15 and 16, Block 1. The sidewalk shall be 6 foot in width and shall be situated in an outlot; 11. The applicant shall provide a written agreement with the Muskrat Irrigation Ditch Company regarding the relocation and burial of the Muskrat Irrigation Ditch; 12. Passive radon mitigation measures shall be included in the construction of residential structures on these lots. The results of a radon test conducted in the new dwelling once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Building Department. As an alternative, a building may present a prepaid receipt for a radon tester, which specifies that a test will be done within 30 days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted; 13. During the Final Plat review process for this development the applicant shall address the technical issues found in the following referral letters a) Larimer County Engineering Department by Christie Coleman dated April 17, 2002; b) Larimer County Health Department by Doug Ryan dated March 29, 2002; c) Larimer County Planning by Sean Wheeler dated May 17, 2002; d) Poudre Fire Authority by Michael Chavez dated April 30, 2002; e) City of Fort Collins Current Planning by Bob Barkeen dated April 19, 2002; f) Xcel Energy by Len Hilderbrand dated April 10, 2002.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the consent agenda as presented and outlined above.

Motion carried 3 - 0.

8. ELLIS RANCH PRELIMINARY RURAL LAND PLAN TIME EXTENSION: 11-05-70; GENERALLY LOCATED WEST OF LOVELAND ON THE NORTH SIDE OF HIGHWAY 34, ON THE WEST SIDE OF COUNTY ROAD 29

Commissioner Gibson asked if the proposed still offered two options for water, i.e. well vs. Little Thompson and Mr. Reidhead replied in the affirmative noting that the Little Thompson water would be very expensive. Mr. Reidhead further noted that he and the applicant would continue to work with the Health Department.

This is a request to extend the Preliminary approval for the Ellis Ranch Preliminary Rural Land Plan for six months beyond the allowed 90 days stated in the Rural Land Use Process. Staff findings include 1. The Ellis Ranch Preliminary Rural Land Plan was approved July 16, 2001, with conditions; 2. The applicant is requesting a six-month time extension to submit the Final Plat, Final Development Agreement and other required submittals; 3. The proposed project is important because it is compatible with other land conservation efforts in the area. Developing through the RLUP, rather than the other development alternatives, will provide significant benefits to Larimer County. Staff recommendation is approval of a six-month extension of the Preliminary Plan until April 14, 2003. All conditions of approval as stated in the Findings and Resolution dated July 16, 2001, continue to apply.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve Ellis Ranch Preliminary Rural Land Plan Time Extension as presented and outlined above.

Motion carried 3 - 0

This item was tabled from September 3, 2002

9. Gloeggler Extended Family Dwelling- The applicant for this item was not present at this time so the Board continued with the hearing.

10. JENSEN SUBDIVISION CLARIFICATION OF CONDITION: 10-6-68; LOT 1 JENSEN SUBDIVISION, LOCATED AT THE SOUTHWEST CORNER OF CR. 36 AND THE SOUTHWEST FRONTAGE ROAD.

This is a request for clarification of the condition(s) of approval regarding recreational use of the lake at the facility. Staff recommendation is 1. The original rezoning did not anticipate the use of the facility for recreational purposes i.e. a Place of Amusement and Recreation -outdoors; 2. The applicant must process and receive approval of the use through the Special Review Process to continue the recreational use of the lake.

Mr. Helmick stated that staff does not believe the intent of the original approval included "rental" of the island for private parties and noted that the applicant should submit an application for special review for this type of "entertainment".

Mr. Russ Sanford, attorney for the applicant, stated that the rental of the island for private parties is a promotional tool, which benefits the business.

Mr. John Jensen, the owner stated that he believed rental of the island was included in the original approval under "other recreational activities". Mr. Jensen noted that private rental exposes the business products, which in turn has a direct benefit to the business.

Commissioner Rennels asked if the island is open to the public and Mr. Sanford said no, only private parties. Commissioner Bender referred to an article in the Coloradoan, which states that the island can be rented for birthday parties, weddings, etc. Mr. Jensen stated that typically establishments such as Hewlett Packard rent the island for employees and the rental charge covers wages and maintenance. Chair Gibson expressed concern with traffic impact on the two-lane road and Mr. Jensen stated that the usual number of attendees is approximately 60 and parking is provided within the facility grounds.

Chair Gibson noted that there is no public present to comment on this item.

Much discussion ensued regarding adequate facilities and parking.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners find that the original approval does allow for the recreational use of private parties on the island and that the applicant provides staff with a letter addressing parking.

Commissioner Rennels offered a friendly amendment for the applicant to also address sanitation and insurance issues in the letter to staff; Commissioner Bender concurred.

Motion carried 3 - 0.

Chair Gibson noted that the applicant for items #8 was still not present and Commissioner Rennels suggested tabling the item.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners table the Gloeggler Extended Family Dwelling to November 4, 2002 at 3:00 p.m. and that staff notify the applicant of such action.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 3:45 p.m.

TUESDAY, OCTOBER 8, 2002

ADMINISTRATIVE MATTERS

No Audio Available

The Board of County Commissioners met with Neil Gluckman, Assistant County Manager; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Captain Bill Nelson, Lt. Tim Palmer, Sheriff's Department; Jerry White, Engineering; Ralph Jacobs, Human Resources; Donna Hart and Deni La Rue, Commissioner's Office; Linda Connors, Assistant County Attorney; Gael Cookman, Clerk and Recorder's Office; Jean O'Connor, Clerk to the Board.

  1. PUBLIC COMMENT: None

2. APPROVAL OF THE MINUTES FOR THE WEEK OF SEPTEMBER 30, 2002:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the minutes for the week of September 30, 2002 with noted corrections.

Motion carried 3 - 0.

3. REVIEW OF THE SCHEDULE FOR THE WEEK OF OCTOBER 14, 2002: Ms. Hart review the draft schedule for the week of October 7, 2002.

4. CONSENT AGENDA:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the following items as listed on the consent agenda:

PETITIONS FOR ABATEMENT: As recommended by the Assessor, the following petitions for abatement are approved Bradley; Broadmoor Heights 66; Burke; Denny; Hornor; Jett; Krois; Mulhuggee Trust; Petit; Rupp; Scheib; and Walker.

10082002A001 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND LAFARGE WEST, INC FOR ROAD IMPROVEMENTS ON COUNTY ROAD 19

10082002R001 RESOLUTION DECLARING LARIMER COUNTY SOLAR RIDGE PUBLIC IMPROVEMENT DISTRICT #21 ORGANIZED

10082002R002 RESOLUTION DECLARING LARIMER COUNTY HIGHLAND HILLS PUBLIC IMPROVEMENT DISTRICT #19 ORGANIZED

10082002R003 RESOLUTION DECLARING LARIMER COUNTY SADDLEBACK PUBLIC IMPROVEMENT DISTRICT #22 ORGANIZED

10082002R004 RESOLUTION DECLARING LARIMER COUNTY PTARMIGAN PUBLIC IMPROVEMENT DISTRICT #20 ORGANIZED

10082002R005 RESOLUTION RECOMMENDING ADOPTION OF THE EAST MULBERRY PLAN AS AN ELEMENT OF THE LARIMER COUNTY MASTER PLAN AND AMENDING THE LARIMER COUNTY TRANSPORTATION ACCORDINGLY

MISCELLANEOUS: Amendment to the Larimer County Contributory Retirement Plan; Amended Plat of Tract C and Tract B-1 of the Vigor Exemption.

Motion carried 3 - 0.

5. SECOND READING OF THE NOISE ORDINANCE MODIFICATIONS: Mr. Gluckman stated that this is the 2nd reading of the proposed modifications to the noise ordinance and requested the Board adopt the ordinance.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners adopt the modified noise ordinance as proposed.

Motion carried 3 - 0.

10082002O001 ORDINANCE AMENDING ORDINANCE #97-03 REGARDING THE LARIMER COUNTY NOISE ORDINANCE

6. DISCUSSION OF THE LARIMER COUNTY FIRE BAN: Captain Nelson stated that upon review of action taken by other agencies, the Sheriff in inclined to allow the current fire ban to be lifted or expire.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners lift the County Fire Ban effective October 8, 2002

Motion carried 3 - 0.

7. APPROVAL OF CONSERVATION EASEMENT DONATION: Mr. White requested the Board accept a donation for a 40-acre conservation easement from Dr. Fonken. Mr. White further noted that this donation is intended to be the first of approximately 10 easements to be donated over the next 10 years.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the acceptance of a 40-acre conservation easement donation from Dr. Fonken and authorize the Chair to sign a resolution of said acceptance.

Motion carried 3 - 0.

10082002R006 RESOLUTION TO ACCEPT A DONATION OF A 40-ACRE CONSERVATION EASEMENT FROM DR. FONKEN

8. REVIEW AND APPROVAL OF THE REVISED SECTION 204 OF THE LARIMER COUNTY PERSONNEL MANUAL: Mr. Jacobs stated that the revision addresses internal transfers within a department. The Division Head/ Director, Mr. Jacobs continued, would have discretion to utilize three options for posting a position; Departmentally only; Countywide only; open the position to the general public; or any combination of the three. The Board concurred with discretional authority for promotional opportunities but expressed concern with discretionary authority for an entry-level position. Consensus of the Board is to post all entry-level positions Countywide and concurrently to the general public. Promotional (any position above entry-level) opportunities may remain at the discretion of the Department Head/Director.

9. DISCUSSION OF PROPOSED CHANGES TO THE RETIREE HEALTHCARE COVERAGE: Currently, Mr. Jacobs stated, if an employee has worked for the County a minimum 10-years and they are at least 61.5-years of age and choose to take early retirement, the County would pay insurance premiums for two-years after resignation. Mr. Jacobs stated that very few employees took advantage of this program and that currently, only one is enrolled. The budgetary commitment of the program for this year was $66,000, far above actual cost. Mr. Jacobs noted that he recommends the program be discontinued effective approximately February 1, 2003 to allow sufficient notice to current employees who may wish to take advantage of the program before expiration. The Board concurred and directed Mr. Jacobs to proceed with the proposed change.

10. APPROVAL OF THE BOARD OF EQUALIZATION REFEREE RECOMMENDATIONS: Ms. O'Connor requested the Board convene as the Board of Equalization.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners convene as the Board of Equalization.

Motion carried 3 - 0.

Ms. O'Connor requested the Board approve the decisions made by Board of Equalization Referees for September 23 and October 1, 2002 as presented.

M O T I O N

Commissioner Bender moved that the Board of Equalization approve the decisions of the referees for September 23, and October 1, 2002 as presented.

Motion carried 3 - 0.

M O T I O N

Commissioner Rennels moved the Board of Equalization adjourn and re-convene as the Board of County Commissioners.

Motion carried 3 - 0.

11. WORK SESSION: Mr. Gluckman submitted an affidavit for the executive session, which occurred September 24, 2002.

12. COMMISSIONER REPORTS: The Board noted their participation in activities the previous week.

13. DOCUMENTS RELATED TO 2002 CERTIFICATES OF PURCHASE AND PURCHASE OF MIDPOINT PROPERTIES: Ms. Connors requested the Board convene both as the Board of Commissioners as well as the Larimer County Building Authority.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners also convene as the Larimer County Building Authority.

Motion carried 3 - 0.

Ms. Connors presented documents related to the purchase of properties at Midpoint Drive and requested authorization and approval of said documents.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners authorize resolutions for the purchase of Lot 26, Prospect Industrial Park, to exercise the option in agreement dated February 29, 2000, re: Lot 27, Prospect Industrial Park, and for execution of 3rd Amendment to the Master Lease Purchase Agreement.

Motion carried 3 - 0.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the Special Warranty Deed to the Larimer County Building Authority re: Lots 26 and 27, Prospect Industrial Park, and 3rd Amendment to the Master Lease Purchase Agreement.

Motion carried 3 - 0.

Larimer County Building Authority executed the 3rd Amendment to the Master Lease Purchase Agreement with Larimer County and the 3rd Supplemental Mortgage and Trust

10082002R007 RESOLUTIONS AND DOCUMENTS RELATED TO THE PURCHASE OF MIDPOINT PROPERTIES.

15. LEGAL MATTERS: Ms. Connors stated the reason for this discussion is two-fold. Shall a temporary liquor permit be issued to the current applicants and should a public hearing be held for the transfer of The Tornado Club a.k.a. Nightingales license. Lt. Palmer briefed the Board of the criminal histories for two of the applicants, one of which is present. Mr. Brewster addressed his arrests vs. convictions. Consensus of the Board is to gather additional information before issuing a temporary liquor permit and that the transfer of the liquor license should go to a public hearing.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners deny the petition for a temporary liquor permit and direct staff to hold a full public hearing for the transfer of said license.

Motion carried 3 - 0.

There being no further business, the meeting adjourned at 11:15 a.m.

THURSDAY, OCTOBER 10, 2002

PUBLIC HEARING re:

LARIMER COUNTY ANIMAL ORDINANCE

(#106)

The Board of County Commissioners met with Neil Gluckman, Assistant County Manager; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Frank Lancaster, County Manager; Linda Connors, Assistant County Attorney; and Jean O'Connor, Recording Clerk.

Mr. Gluckman provided history regarding the animal ordinance and the proposed changes recommended by staff and the Humane Society. The changes, Mr. Gluckman continued, will clarify the ordinance and bring it in line with State regulations.

Mr. Rigo Neira, of the Humane Society briefed the Board on the proposed changes, which include rabies control, an appeal process for impounded animals, and dangerous pet animals.

Ms. Dori Villalon, Director of the Humane Society explained that the term "Guardian" is proposed because it infers respect and humane care of an animal.

Ms. Robin Reymann noted that the ordinance does not address "service dogs", which are protected under the Federal AD Act. Ms. Reymann also requested that an electronic leash be permitted as a means of "control" over an animal.

The following citizens disagreed with changing "owner" to "custodian" Ms. Nita Bitner, Maryann Montalvo, Gladys Russell, Val Manning, Scott Loskie, Ann Perry, Susan Anderson, Norm Brown, Al Warner, Vicki Lumkie, and Sharon Lewis.

Ms. Bitner also expressed concern with Section D.2.g under Dangerous Animal in that dogs can not differentiate between "Joe Citizen" and a peace officer/firefighter/ or control officer.

Ms. Russell noted that the ordinance does not address "livestock" and suggested that the Board take no action until staff further reviews the schematics of the ordinance and responsibilities of the Humane Society.

Ms. Perry strongly disagreed with the option for Humane Society staff to reduce the 5-day waiting period for euthanasia to 3-days if the animal is medically challenged or a threat to staff. Ms. Anderson and Ms. Lewis agreed.

At this time the hearing was closed to the public and Mr. Neira noted that before any charges are issued toward an impounded animal, all aspects of the situation are analyzed as well as any reports of record. Ms. Villalon stated that staff would not just decide to euthanize an animal just because they didn't want to wait the 5-days. Humane Society staff truly love animals and don't like to see an animal suffer unnecessarily because the ordinance says they must wait 5-days. If a veterinarian notes that there is no hope for the animal, Ms. Villalon continued, then staff should be able to put the animal out of misery.

Commissioner Bender suggested leaving the term "owner" within the text and Commissioner Rennels suggested "owner/keeper". Much discussion ensued regarding the terms owner and custodian.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the ordinance with the following modifications 1. Guardian shall be changed to Owner/Keeper; 2. Add a definition for Livestock; 3. Modify the definition of "Keeper"; and in Section 5.C add "...excluding holidays".

Motion carried 3 - 0.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners authorize the Chair to sign a resolution modifying the Animal Control and Dog Licensing ordinance upon receipt.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 8:35 p.m.

_____________________________

GLENN W. GIBSON, CHAIR

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

CLERK AND RECORDER

(S E A L)

A T T E S T

_____________________________

Jean M. O'Connor, Clerk to the Board