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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, JANUARY 2, 2006

 

The Courthouse Offices were closed in observance of the New Year's holiday.

 

TUESDAY, JANUARY 3, 2006

 

ADMINISTRATIVE MATTERS

(#1)

 

The Board of County Commissioners met at 9:00 a.m. with County Manager Frank Lancaster.  Chair Rennels presided and Commissioner Gibson was present.  Also present were:  Neil Gluckman, Bob Keister, Donna Hart, Cheri Pineda, and Deni LaRue, Commissioners’ Office; Laurel Kubin, and Kathy Wolfe, Cooperative Extension Office; Stephen Gillette, and Steve Harem, Solid Waste Department; Dr. Robert Ellis, David Kinkaid, and Earlie Thomas, Colorado State University; Marc Engemoen, Public Works Department; Doug Ryan, Environmental Health Department; Larry Abrahamson, and Linda Coxen, District Attorney's Office; Dr. Adrienne LeBailly, Health Department; George Hass, County Attorney; and Gael Cookman, Deputy Clerk.

 

1.  PUBLIC COMMENT:  Evelyn King presented the Board with a handout and stated that, in her opinion, she does not agree with spending money on transit systems for the rural areas of the county, and instead would like to see the funds used to maintain regional roadways.  Ms. King requested the Board to hold a public meeting to allow comments from the unincorporated county citizens on this issue.  Ms. King also requested that the Board hold a worksession to define the direction for transportation improvements within Larimer County. 

 

2.  BOARD REORGANIZATION FOR 2006:  At this time Chair Rennels relinquished her position as Chair to the Chair Pro-Tem in order to make the following motions:

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners appoint Commissioner Gibson as the Chair for 2006, and authorize him to buy and sell real estate upon approval of the Board.

 

Motion carried 2-0.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners appoint Commissioner Wagner as the Chair Pro-Tem for 2006, and authorize her to buy and sell real estate upon approval of the Board.

 

Motion carried 2-0.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the resolution designating the public place in which notice is posted of meetings of the Board of County Commissioners. 

 

Motion carried 2-0.

 

01032006R005           RESOLUTION DESIGNATING THE PUBLIC PLACE IN WHICH NOTICE IS POSTED FOR MEETINGS OF THE BOARD OF COUNTY COMMISSIONERS

 

3.  APPROVAL OF THE MINUTES FOR THE WEEK OF DECEMBER 27, 2005:

 

M O T I O N

 

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

 

Motion carried 2-0.

 

4.  REVIEW THE SCHEDULE FOR THE WEEK OF JANUARY 9, 2006:  Ms. Hart reviewed the upcoming schedule with the Board.

 

5.   CONSENT AGENDA:

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for January 3, 2006:

 

01032006R001           FINDINGS AND RESOLUTION APPROVING THE YOUNG'S LIQUOR SIGN APPEAL

 

01032006R002           RESOLUTION VACATING THE FAGERBERG PRELIMINARY RURAL LAND PLAN

 

01032006R003           RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIALS (Daniel M. McDonald)

 

01032006R004           RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIALS (Alma M. Staub)

 

Motion carried 2-0.

 

Discussion ensued regarding the proxy positions for the CCI Standing Committees.  Mr. Gluckman recommended that Kathy Snell act as proxy for the Health and Human Services Committee and Gary Buffington act as proxy for the Tourism, Resorts and Economic Development Committee, and Mr. Gluckman would act as the proxy for the remaining committees. 

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve BCC Policy P #2I, Board of County Commissioners Division of Responsibilities with the proxy assignments as outlined above.

 

Motion carried 2-0.

 

6.   HONORING EXTENSION AGENT KATHY WOLFE:  Ms. Kubin explained that Ms. Wolfe was recently presented with the first ever "Power Of Youth" Award, presented by the National Association of Extension 4-H Agents.  Ms. Kubin noted that Ms. Wolfe earned the award for her efforts in developing the Youth Engagement Team (YET), which is a program that readies and encourages youth to serve on nonprofit boards of directors.  Ms. Wolfe explained that the YET was formed in conjunction with the local Healthy Communities Coalition.  The Board congratulated Ms. Wolfe and thanked her for her efforts.

 

7.   REQUEST FOR APPROVAL TO LANDFILL SOLID WASTE GENERATED BY COLORADO STATE UNIVERSITY (CSU) DIAGNOSTIC LABORATORY:  Mr. Gillette explained that CSU has recently acquired new BioMEER equipment that processes animal carcasses in a manner which they will qualify as solid waste that meets the requirements to be safely land filled.  Mr. Thomas and Dr. Ellis explained the processes used to extract the liquids and technology used to deactivate Chronic Wasting Disease and all other pathogens in order to yield a sterile solid waste.  Discussion ensued and Chair Gibson requested more information regarding the possible by-products that could be produced as a result of the technology used.  Dr. Ellis stated that he would provide additional information for the Board; however, he stated that the only negative affect will be that the resulting waste will have a slightly higher PH level than the soil it will be buried in.  Commissioner Rennels stated that she would be supportive of the request as long as it meets the requirements of both the Colorado Department of Public Health and Environment and the Larimer County Environmental Health Department.  Mr. Gillette assured the Board that there would be many entities monitoring the waste as it is earmarked for disposal at the landfill.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve of allowing CSU to bring solid waste that has been processed through their BioMEER Processor to be disposed of at the Larimer County Landfill, subject to approval of the Colorado Department of Public Health and Environment and Larimer County Environmental Health Department's approval.

 

Motion carried 2-0.

 

8.  REQUEST TO ALLOW DISTRICT ATTORNEY TO CARRY FORWARD 2005 FUND BALANCE INTO 2006:   Mr. Abrahamson explained that the District Attorney's Office will have approximately $170,000 left in its 2005 fund balance, and he requested the approval to carry over these funds to their 2006 budget in order to be used for overtime, temporary staff, and an office remodel.  Mr. Keister stated that typically all funds not utilized by departments within their budget year are returned to the General Fund; however, the Board can grant this type of a request on a case by case basis.  Ms. Coxen stated that they are requesting to retain the funds, as they have 18 major felony trials pending and do anticipate hiring temporary employees and paying full time employees overtime in preparation for the trials.  Some discussion ensued and the Board agreed to approve this request.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners allow the District Attorney to carry forward 2005 funds for one time projects that will be expended in 2006.

 

Motion carried 2-0.

 

9.  REQUEST PERMISSION TO USE WEST NILE EMERGENCY FUNDS TO HELP SUPPORT PANDEMIC FLU PLANNING:   Dr. LeBailly explained that there is an urgent need to conduct some county-wide pandemic influenza planning; however, there are limited resources to support this effort.  She noted that they applied for a small grant from the Colorado Trust to assist in this effort, but were not awarded the grant dollars.  Dr. LeBailly requested the ability to transfer $15,000 from the West Nile Virus Emergency Fund in order to carry out this planning effort. 

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the transfer of $15,000 from the Health Department's West Nile Emergency Fund to support the Department's pandemic influenza planning efforts.

 

Motion carried 2-0.

 

10.  WORKSESSION:   Mr. Lancaster explained that the City of Fort Collins is requesting letters of support from the Commissioners in order to receive grant money for their transportation efforts.  He explained that the letters were typed prior to Commissioner Gibson assuming position as Chair; therefore, he requested that Commissioner Rennels be authorized to sign the letters on behalf of the Board, should the Board choose to support this request.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the letters of support for the City of Fort Collins and authorize Commissioner Rennels to sign the same.

 

Motion carried 2-0.

 

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

 

12.  LEGAL MATTERS:  Chair Gibson had questions regarding the validity of contracts when Elected Officials or Department Heads enter into contracts with entities without first obtaining Board approval.  Mr. Hass stated that that dollars must be budgeted and appropriated by the Board of County Commissioners, and if that had not occurred, then there would need to be an amendment or supplement to the budget to account for that action.  Mr. Lancaster explained the County Policy regarding the expenditure levels and who is authorized to sign contracts at each level. 

 

The meeting recessed at 10:55 a.m.

 

 

LAND USE HEARING

(#1)

 

The Board of County Commissioners reconvened at 3:00 p.m. with Matt Lafferty, Senior Planner.  Chair Gibson presided and Commissioner Rennels was present.  Also present were:  Karin Madson, Planning Department; Traci Downs, Engineering Department; Doug Ryan, Environmental Health Department; Jeannine Haag, Assistant County Attorney; and Gael Cookman, 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.   Mr. Lafferty explained that Item 1, regarding the Jackson Zoning Violation, was scheduled to be tabled to January 23, 2006, but will need to be rescheduled to February 12, 2006, at 3:00 p.m. instead.  Chair Gibson then noted that Items 2 and 3 are consent items and would not be discussed unless requested by the Board, staff, or members of the audience:

 

2.  AMENDED PLAT OF LOTS 41 AND 42 OF THE VISTA GRANDE PLANNED DEVELOPMENT (PD) - #05-S2515:   This is a request for an Amended Plat to adjust the lot line between Lots 41 and 42 of the Vista Grande Planned Development to allow for better lot configurations and building placement.   The proposed application has been review by the appropriate departments and agencies.  There are no issues of concern regarding this proposal.

The Development Services Team finds that:

1.   The proposed Amended Plat for Lots 41 and 42 of the Vista Grande PD complies with the review criteria of the Larimer County Land Use Code for Amended Plats.

2.   The proposed Amended Plat for Lots 41 and 42 of the Vista Grande PD will not adversely affect the surrounding properties or the natural environment.

 

The Development Services Team recommends approval of the Vista Grande PD Lots 41 and 42 amended Plat, as proposed, and authorization for the chair to sign the plat when the following condition is met and the plat is presented for signature:   All conditions shall be met and the Final Plat recorded by July 12, 2006, or this approval shall be null and void.

 

3.  TIMBERLINE RESOURCES SPECIAL REVIEW AMENDMENT - #02-Z1432:  This is a request to modify a Condition of Approval to extend the time to finalize a Development Agreement.  The Special Review for the Timberline Resources Special Review was approved by the County Commissioners on September 12, 2005, with conditions.  Condition B requires the applicant to “provide a Development Agreement for review and approval by the Board of County Commissioners prior to commencement of the use and no later than December 31, 2005.”  The applicant has requested an extension to this timeframe and proposes a modified condition which would allow them an additional year to execute a Development Agreement.  There are other conditions that have to be completed prior to the recordation of the Development Agreement.  The applicant has been working to comply with these conditions and fulfill the requirements regarding CDOT approval for the access, right-of-way and ditch easement dedications, along with a revised landscape plan. 

The Development Services Team recommends approval to extend the date in previously approved condition B to read as follows:

B.  The applicant shall provide a Development Agreement for review and approval by the Board of County Commissioners prior to commencement of the use and no later than December 31, 2006.

 

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve Items 2 and 3 as listed on the consent agenda and outlined above.

 

Motion carried 2-0.

 

The hearing adjourned at 3:05 p.m.

 

 

 

 

 

    __________________________________________

                        GLENN W. GIBSON, CHAIR

            BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

 

ATTEST:

 

 

___________________________________

Gael M. Cookman, Deputy Clerk     

 

 

 

 

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.