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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

MONDAY, JULY 4, 2005

County offices were closed in observance of the July 4th holiday.

 

Tuesday, July 5, 2005

 

ADMINISTRATIVE MATTERS

(#63)

 

The Board of County Commissioners met at 9:00 a.m. with Assistant County Manager Neil Gluckman.  Chair Rennels presided and Commissioners Gibson and Wagner were present.  Also present were:  Deni LaRue and Melinda Keen, Commissioners’ Office; K-Lynn Cameron and Gary Buffington, Parks and Open Lands; Jerry White and Scott Cornell, Engineering; Tom Garton and Candace Phippen, Building Department; Dale Miller, Road and Bridge; Pam Nielsen, Kim Guzman, Carolyn Thompson, Linn Koster and Colleen Jordan, Clerk and Recorder Motor Vehicle Department; Irene Josey, Treasurer’s Office; Sherrie Swisher, Clerk and Recorder Recording Department; Jeannine Haag, Assistant County Attorney; and Angela Myers, Deputy Clerk.

 

1.    PUBLIC COMMENT:  Mr. Brian Schumm addressed the Board with concerns regarding the Whitman zoning enforcement matter.  Discussion ensued regarding the current status of the matter and how it has been handled thus far.  Jeannine Haag explained that the matter is currently being dealt with in the court system and, because of that, limited information can be shared.  Ms. Haag further explained that the City of Fort Collins is also pursuing annexation of the Whitman property, which may make the current lawsuit a moot point.  If the property is annexed by the City, the property owner will have to go through the public process of zoning approval.  Commissioner Gibson stated that the matter is currently in the hands of the court.  Chair Rennels stated that she understands Mr. Schumm’s frustration, and that his frustration appears to stem from the fact that the matter is in the courts, rather than part of the public process.  She stated that the Board cannot do anything with this matter until the current legal proceedings have come to conclusion.

 

 

 

 

2.    APPROVAL OF THE MINUTES FOR THE WEEK OF JUNE 27, 2005:

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of June 27, 2005, as presented.

 

Motion carried 3-0.

 

3.    REVIEW THE SCHEDULE FOR THE WEEK OF JULY 11, 2005:  The Commissioners reviewed and discussed the schedule.

 

4.    CONSENT AGENDA:

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for July 5, 2005:

 

07052005A001           CONVEYANCE OF PERMANENT SLOPE EASEMENT GRANTED TO LARIMER COUNTY BY JOHN H. HUISJEN AND CAROLYN HUISJEN

 

07052005A002           CONVEYANCE OF PERMANENT DRAINAGE EASEMENT GRANTED TO LARIMER COUNTY BY PAUL S. SCHIMERT AS TRUSTEE FOR THE PAUL S. SCHIMERT REVOCABLE LIVING TRUST

 

07052005A003           NORTHERN INTEGRATED SUPPLY PROJECT COOPERATING AGENCY AGREEMENT BETWEEN U.S. ARMY CORPS OF ENGINEERS AND LARIMER COUNTY BOARD OF COMMISSIONERS

 

07052005A004           DEVELOPMENT AGREEMENT FOR HAIRE SUBDIVISION BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND MARCY HAIRE AND SUE BENDER

 

07052005A005           AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND DON KEHN CONSTRUCTION, INC.

 

07052005A006           AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND LAFARGE WEST, INC.

 

07052005A007           GENERAL RENOVATION CONSTRUCTION SERVICE AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND DELEHOY CONSTRUCTION, INC.

 

07052005A008           AGREEMENT BY AND BETWEEN THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE COLORADO DEPARTMENT OF TRANSPORTATION AND LARIMER COUNTY

 

07052005D001           DEED OF DEDICATION BY LARRY DEAN KLINE AND MARIANNE T. KLINE FOR SAID PROPERTY AS A PUBLIC HIGHWAY

 

07052005D002           DEED OF DEDICATION FOR EASEMENT BY POUDRE OVERLOOK HOMEOWNERS ASSOCIATION OF FORT COLLINS OF SAID PROPERTY AS A NON-MOTORIZED PEDESTRIAN ACCESS EASEMENT

 

07052005D003           DEED OF DEDICATION BY MFP FORT COLLINS, LLC. OF SAID PROPERTY AS A PUBLIC HIGHWAY

 

07052005R001           RESOLUTION PROVIDING FOR THE APPOINTMENT OF INDEPENDENT REFEREES TO CONDUCT HEARINGS ON BEHALF OF THE LARIMER COUNTY BOARD OF EQUALIZATION

 

07052005R002           RESOLUTION FOR STATUTORY VESTED RIGHTS FOR HAIRE SUBDIVISION (O4-S2324)

 

MISCELLANEOUS DOCUMENTS:  Haire Subdivision Final Plat; Department of Human Services Payments for May 2005; Larimer County Budget Preparation and Management Policies.

 

LIQUOR LICENSES:  The following Modification of Premises was approved:  Sodexho – Fort Collins, CO.  The following licenses were issued:  Colorado State University Ag Day – Fort Collins – Special Event – 3.2%; Club Lynx – Fort Collins – Tavern.

 

Motion carried 3-0.

 

5.    LIFE SAVING AWARD:  Kim Guzman, Motor Vehicle Supervisor, and Carolyn Thompson, Motor Vehicle Coordinator, shared the story of how Kim’s quick thinking and decisive action saved Carolyn from choking while they were lunching together on June 22nd. The Board of County Commissioners presented Kim with a “Life Saving Award” for her act of heroism, and photographs were taken.

 

6.         RED MOUNTAIN RANCH WYOMING ACCESS EASEMENT:  Jerry White, K-Lynn Cameron, and Gary Buffington explained the need for three access easements relating to the Red Mountain Ranch property.  Discussion ensued regarding the specific uses being allowed by the easements.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the three access easements as presented.

 

07052005A009           TEMPORARY ACCESS EASEMENT BETWEEN THE CITY OF CHEYENNE WYOMING AND LARIMER COUNTY COLORADO

 

07052005A010           ACCESS EASEMENT AGREEMENT FOR INGRESS AND EGRESS BY AND BETWEEN LARIMER COUNTY AND THE NATURE CONSERVANCY

 

07052005A011           ACCESS EASEMENT BETWEEN THE CITY OF CHEYENNE WYOMING AND LARIMER COUNTY COLORADO

 

Motion carried 3-0.

 

7.         ALLOWING AN EMPLOYEE SALARY TO BE FROZEN WHEN TRANSFERRING TO THE TREASURER’S DEPARTMENT:  Irene Josey explained that this request is being made because Kari Abele’s position in the IMS Department was eliminated, and Ms. Abele subsequently applied for a position with the Treasurer’s office and was hired.  However, Ms. Abele’s salary in the IMS Department was 10% above the pay range for the position in the Treasurer’s Department.  This request provides for Ms. Abele’s salary to remain the same as it was when she worked for the IMS Department; however, her salary would remain frozen until it falls into the pay range for the position she has accepted in the Treasurer’s office.  Discussion ensued regarding the likelihood of the salary range catching up to her current salary and Ms. Abele’s years of employment with the County.  Commissioner Gibson expressed concern about employee morale, and requested that a three-year limit be placed on the salary freeze, so that if the pay range does not catch up to Ms. Abele’s salary, her salary would be lowered to the pay range of the position at that time.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve allowing Kari Abele to retain her current salary when transferring from the IMS Department to the Treasurer’s Department, and that her salary remain frozen at that level until such time as the pay range for her position catches up with her current salary.

 

Motion carried 2-1.  (Commissioner Gibson dissented.)

 

8.    BOARD AND COMMISSION APPOINTMENTS:  Melinda Keen reviewed the recommended list of board and commission appointments.

 

Community Corrections Advisory Board – Susan Hangartner, Appointment 2 years; Appointed July 1, 2005, expires June 30, 2007.

 

Environmental Advisory Board – David Gilkey, Appointment 3 years; Appointed July 1, 2005, expires June 30, 2008.

 

Environmental Advisory Board – Devin Odell, Appointment 3 years; Appointed July 1, 2005, expires June 30, 2008.

 

Environmental Advisory Board – Victor Sainz, Appointment 3 years; Appointed July 1, 2005, expires June 30, 2008.

 

Environmental Advisory Board – Thomas Sneider, Appointment 3 years; Appointed July 1, 2005, expires June 30, 2008.

 

Environmental Advisory Board – Heidi Steltzer, Appointment 2 years; Appointed July 1, 2005, expires June 30, 2007.

 

Planning Commission – Jeff Boulter, Reappointment 3 years; Appointed July 1, 2005, expires June 30, 2008.

 

Planning Commission – Kristen Karabensh, Appointment 3 years; Appointed July 1, 2005, expires June 30, 2008.

 

Planning Commission – Jason Waldo, Reappointment 3 years; Appointed July 1, 2005, expires June 30, 2008.

 

Weed Control District Advisory Committee – Ernie Marx, Appointment 3 years; Appointed July 1, 2005, expires June 30, 2008.

 

Weed Control District Advisory Committee – Douglas Rogakis, Appointment 3 years; Appointed July 1, 2005, expires June 30, 2008; Waive Term Limit.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the appointments as listed.

 

Motion carried 3-0.

 

9.         LEGISLATIVE ISSUES:  Tom Garton presented the issue of allowing each county to decide if they want to require general and mechanical contractor licensing. 

 

Scott Cornell presented the issue of “cleaning up” the Colorado Discharge Permit System Regulations to provide counties the authority necessary to enforce the mandated requirements of the regulations. 

 

Dale Miller presented the issue of allowing counties to perform routine road maintenance activities without being required to contact the Utility Notification Center of Colorado (UNCC).  Mr. Miller also presented the issue of right-of-way annexation when cities and towns annex adjacent properties. 

 

Discussion of each of these issues ensued regarding current practices and what the result of such legislative changes would be.  If agreed to by the Board, these issues would be submitted to CCI for steering committee assignment and consideration for the 2006 legislative session.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the legislative issues and forward them to CCI for steering committee assignment.

 

Motion carried 3-0.

 

10.       WORKSESSION:  Neil Gluckman requested that the Board permit posting of the Comprehensive Financial Report on the county website prior to the Board’s July 26, 2005, meeting to review it.  Commissioner Gibson requested that it be noted as “unofficial” when it is posted during this interim period.  The Board unanimously agreed that the report could be posted on the website, with the “unofficial” notation, prior to the Board’s review of it on July 26, 2005.

 

11.   COMMISSIONER ACTIVITY REPORTS:  The Board noted their attendance at events during the past week.

 

12.   LEGAL MATTERS:  Candace Phippen stated that they are dealing with a repeat violator, Colorado Iron and Metal, Inc./GTE Investments.  She stated that the County filed suit against this business last August for using and occupying a structure without a Certificate of Occupancy.  The lawsuit was dismissed after the certificate was obtained.  She went on to explain that the same business has now constructed two buildings without first obtaining the required building permits.  Discussion ensued regarding when the structures were built, their size and contents (photographs were shared).  Discussion continued with input from Jeannine Haag regarding the options for action.  Each of the Commissioners expressed concern about why the business would purposely avoid the required procedures, and they requested that the staff handling this situation specifically pose that question to the violator.  After much discussion, the Board expressed a desire for additional information.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners table the matter for one week.

 

Motion carried 3-0.

 

The meeting recessed at 11:30 a.m.

 

 

 

 

 

 

ABATEMENT HEARING

(#64)

 

The Board of County Commissioners reconvened at 2:00 p.m. to consider one Petition for Abatement.  Chair Rennels presided, and Commissioners Gibson and Wagner were present.  Also present were:  Diane Norman and Ann Piccone, Assessor’s Office; Brian Scully, Paradigm Tax Group; and Angela Myers, Deputy Clerk.

 

1.    ABATEMENT HEARING FOR HEALTHSOUTH CORPORATION/ HEALTHSOUTH REHABILITATION CENTER:  Mr. Scully explained that the executive management of HealthSouth had committed fraud when they inflated the value of the company’s fixed assets in 2002.  He explained that those involved are being pursued through criminal and civil proceedings.  He stated that the fraudulently inflated asset values resulted in overpayment of taxes in the amount of $12,488.  Discussion ensued regarding the impact of this fraudulent statement on all involved, the actual amount of the overpayment and whether the county should keep taxes assessed on non-existent assets, the Assessor’s recommendation to deny the request, and the company’s options regarding pursuit of this matter at the state (rather than county) level.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the HealthSouth Corp./HealthSouth Rehab Center of FTC #4110 Petition for Abatement or Refund of Taxes for 2002 as requested in the amount of $12,488.

 

Motion failed 1-2. (Chair Rennels and Commissioner Wagner dissented.)

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners deny the HealthSouth Corp./HealthSouth Rehab Center of FTC #4110 Petition for Abatement or Refund of Taxes for 2002.

 

Motion carried 2-1. (Commissioner Gibson dissented.)

 

The meeting adjourned at 3:10 p.m.

 

 

 

 

 

 

 

 

 

 

 

THURSDAY, JULY 7, 2005

 

 

EAGLE ROCK RANCHES

PUBLIC IMPROVEMENT DISTRICT (PID) HEARING

(#65)

 

The Board of County Commissioners met at 6:30 p.m. to consider the petition for the organization of Eagle Rock Ranches Public Improvement District.  Chair Rennels presided and Commissioner Gibson was present.  Also present were:  Rex Burns and Linda Sanders, Engineering; and Angela Myers, Deputy County Clerk.

 

Mr. Burns displayed an aerial photo of the Eagle Rock Ranches subdivision.  He explained that the purpose of this public hearing was for the Board to consider approving the petition for the organization of Larimer County Eagle Rock Ranches Public Improvement District No. 23 and subsequently order an election on this topic in the fall of 2005.  Mr. Burns went on to explain that the subdivision currently includes 16 developed parcels and potentially 4 more lots, for a total of 20 parcels, and described the condition of the roads in the subdivision as 12-feet wide and “primitive.”  He explained that the intent of the PID over time would be to improve and maintain the roads in this subdivision.  Improving the roads would include widening them to 18 feet and applying road base and crowning, which would also take care of storm water runoff.  The revenue generated each year by this PID will be approximately $10,677.  The end result, which would be accomplished incrementally each year as the funds are available, would be a gravel county road that is properly maintained.

 

Ms. Sanders stated that 89% of the property owners in this subdivision signed the petition and commented that she believed this to be the best response they have ever experienced.  Chair Rennels complimented those involved in the petition process on their hard work in bringing the process this far.  Chair Rennels then solicited public comment.

 

Public comment was made by Robert Glenn Davis, Richard Heumann, Michael McMillion, Allen and Suzanne Miller, Don Widrig and Jerry Woerker; and discussion ensued among those present regarding the potential affect of this PID on the developers of the Coyote Ridge Subdivision and their responsibility regarding improvement and maintenance of the roads involved in their original project that connect to the roads for this subdivision.  The residents expressed concern that they not encourage the Coyote Ridge developers by improving a portion of the road that the Coyote Ridge developers would have had to improve; thereby making the development of Coyote Ridge more appealing for the developers. 

 

Chair Rennels explained that the Board cannot guarantee what affect this PID would have on the Coyote Ridge developers; however, she went further to say that the Coyote Ridge developers would have to deal with code issues during their approval process for development and that they would likely either be required to contribute funds to the existing PID or to bring the roads up to a specific code level.

 

Public comment continued regarding how the road would be constructed incrementally and appreciation was expressed for the assistance from Rex Burns, Linda Sanders and the Board regarding this matter.  Mr. Burns explained how the incremental improvements are typically undertaken and Chair Rennels reminded those present that the next step, after Board approval of the petition, is for those in the subdivision to be sure to vote on the issue when it appears on the November 1, 2005, ballot.

 

Commissioner Gibson read the Resolution Approving Petition for the Organization of Larimer County Eagle Rock Ranches Public Improvement District No. 23.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the Resolution Approving Petition for the Organization of Larimer County Eagle Rock Ranches Public Improvement District No. 23 as read.

 

Motion carried 2-0.

 

07072005R001           RESOLUTION APPROVING PETITION FOR THE ORGANIZATION OF LARIMER COUNTY EAGLE ROCK RANCHES PUBLIC IMPROVEMENT DISTRICT NO. 23

 

The meeting adjourned at 7:10 p.m.

 

 

 

                                                                        ________________________________________

KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

___________________________________

Angela Myers, Deputy Clerk

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