Loveland Bike Trail
 
> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 03/12/07  

 

 

 

 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, March 12, 2007

 

 

APPROVAL OF TEMPORARY LIQUOR LICENSE

(No Audio Recording)

 

 

The Board of County Commissioners met at 9:45 a.m. with Assistant County Manager Neil Gluckman. Chair Wagner presided and Commissioners Gibson and Rennels were present.  Also present was Gael Cookman, Deputy Clerk.

 

Ms. Cookman presented a temporary liquor license for Crazy Jack's Saloon, located at 6520 S College Avenue, Fort Collins, Colorado, and requested approval on the same. 

 

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the temporary liquor license for Crazy Jack's Saloon, located at 6520 S College Avenue, Fort Collins, Colorado. 

Motion carried 3-0.

 

 

The meeting ended at 9:50 a.m.

 

 

 

TUESDAY, MARCH 13, 2007

 

 

ADMINISTRATIVE MATTERS

(#30 & #31)

 

The Board of County Commissioners met at 9:30 a.m. with Neil Gluckman, Assistant County Manager.  Chair Wagner presided and Commissioners Gibson and Rennels were present.  Also present were:  Bob Keister, Deni LaRue, and Donna Hart, Commissioners’ Office; Sheriff Jim Alderden, and Major Gary Darling, Sheriff’s Office; Luke Heckler, City of Fort Collins Chief of Police; Dennis Harrison, City of Loveland Chief of Police; Larry Abrahamson, District Attorney; Linda Coxen, District Attorney’s Office; Captain Bob Parish, Colorado State Patrol; Candace Phippen, Planning Department; William Ressue, Assistant County Attorney; and Kristen Romary, Deputy Clerk.

 

 

1.  PUBLIC COMMENT:  There was no public comment today.

 

 

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF MARCH 5, 2007

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of March 5, 2007, as amended.

Motion carried 2-0.  Commissioner Rennels abstained.

 

 

3.  REVIEW OF THE SCHEDULE FOR THE WEEK OF MARCH 19, 2007The Commissioners reviewed and discussed the upcoming schedule with Ms. Hart. 

 

 

4.  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 March 13, 2007:

 

ABATEMENTS:  As recommended by the County Assessor, the following Petition for Abatement was approved: First National Bank.

 

03132007A001           DEVELOPMENT AGREEMENT FOR IDLEWILDE BY THE RIVER CONDOMINIUMS BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY, THOMAS J. MERCIER AND DEREK D. WESTMORELAND OF WESTMORELAND, LLC, AND IDLEWILDE BY THE RIVER CONDOMINIUMS HOMEOWNERS ASSOCIATION

 

03132007A002           INTERGOVERNMENTAL AGREEMENT – LARIMER COUNTY/CITY OF FORT COLLINS GOVERNMENT ACCESS CABLE TELEVISION CHANNEL BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND THE CITY OF FORT COLLINS

 

03132007D001           DEED OF DEDICATION BY FEIT FAMILY FARMS, I, LLLP, THE ROLAND FEIT MARITAL TRUST, THE ROLAND FEIT SURVIVOR’S TRUST, DIANE F. ROTH, ALAN L. FEIT, KYLIE JO FEIT, AND EVIN J. FEIT FOR SAID PROPERTY AS A PUBLIC HIGHWAY

 

03132007D002           DEED OF DEDICATION BY DIANA L. EDENFIELD FOR SAID PROPERTY AS A PUBLIC HIGHWAY

 

03132007R001           FINDINGS AND RESOLUTIONS APPROVING THE VACATION OF THE PLAT IN FEIT 1ST MINOR LAND DIVISION

 

MISCELLANEOUS:  Plat for Idlewilde by the River Condominiums.

 

LIQUOR LICENSES:  The following liquor license was approved and issued: Club Static – Transfer of Ownership with Temporary Permit – Fort Collins.

 

Motion carried 3-0.

 

 

5.  FUNDING FOR ADDITIONAL JAIL STAFFING:  Sheriff Alderden explained that the Larimer County Detention Center is desperately in need of more staff members.  As it currently stands there is approximately one officer assigned to 72 inmates at the facility.  Although numerous alternatives to jail sentences for offenders have been established in Larimer County, the jail continues to be overcrowded.  Sheriff Alderden stated that it is increasingly becoming more unsafe for employees at the detention center with the rate of assault and gang activity on the rise.  The Sheriff’s Office proposes to increase staff by 15 deputies (14 for security and 1 for transportation) throughout the next year.  Sheriff Alderden said that approval of their proposal would allow continued operation of the jail at maximum bed capacity. 

 

Chief Heckler, Chief Harrison, and Captain Parish all endorsed the proposal presented to the Board.  They all believe that with the increase of city and county residents, there is a visible effect on the detention center as well.  Something needs to be done soon in order to reduce the potential for lawsuits and injury due to the overcrowded conditions.  Chief Harrison said that he was concerned that if current staffing needs were not met soon, the detention center would become a “revolving door” with inmates being released much earlier than their intended sentence. 

 

Mr. Abrahamson, Larimer County District Attorney, stated that the DA’s Office is directly influenced by overcrowding at the jail because they make recommendations to the court regarding sentencing.  He explained that he did not want to limit the type of sentencing imposed on a person due to understaffing at the detention center. 

 

Major Darling provided an overview of the most recent assaults involving fights between two inmates along with violence toward deputies on duty.  He said that there are currently three officers on light duty who are recovering from minor injuries sustained while trying to break up fights in the facility.

 

Mr. Gluckman stated that the cities and county should all be working more closely together in respect to public policy.  He explained that each entity seems more concerned with personal agenda items and gathering revenue for themselves through designated Urban Renewal Areas, instead of working more collectively.  Mr. Keister provided a financial outlook related to these one-sided municipal decisions. Mr. Gluckman also stated that House Bill 1344 is currently in circulation which may have the potential to add a 2% tax increase to fund public safety and other associated costs. 

 

At this time, the Commissioners discussed alternatives for obtaining more revenue for the detention center.  Commissioner Rennels suggested that a cap on the number of inmates at the jail may need to be an interim solution until more funds are available.  At this time the county budget cannot sustain the cost of additional employees for the detention center.  Commissioner Gibson said that the county needs to look at long-term sustainable funding possibilities, because monetary cuts are inevitable in the future.  The Board agreed that they were unable to make a decision today regarding an increase in full time employees.  Commissioner Rennels suggested that a worksession with everyone involved take place in order to discuss alternative avenues for funding.  Chair Wagner and Commissioner Gibson agreed.

 

 

6.  USE OF DISTRICT ATTORNEY FUND BALANCE IN 2007:  Mr. Abrahamson explained that the District Attorney’s (DA’s) Office has rollover funds from the 2005 budget which were initially going to be used in 2006 for the implementation of an updated statewide prosecutor’s case tracking system.  The project has now been pushed back to 2007, and the DA’s office would like to use the rollover funds for the project this year instead.  Ms. Coxen stated that the DA’s Office has reduced their temporary and overtime salaries to meet the existing budget proposal.  She said that without added staff to handle the increasing workload, additional resources will be needed to hire temporary employees and to pay overtime in 2007 to meet state obligation. 

 

Discussion among the Commissioners ensued.

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve any unused fund balance less any revenue not received to be used by the District Attorney’s Office to fund the two major issues facing the office in 2007.

Motion carried 3-0.

 

 

7.  LEGISLATIVE UPDATE:  Mr. Gluckman commented on active legislation, and discussion ensued regarding the same.

 

 

8.  ASSISTANT COUNTY MANAGER WORKSESSION:  There were no worksession items to discuss.

 

 

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

 

 

10.  LEGAL MATTERS:  Executive Session (Affidavit provided).

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners go into Executive Session for the purpose of receiving legal advice on specific legal questions as outlined in 24-6-402-(4)(b) C.R.S.

Motion carried 3-0.

 

The Executive Session ended and Ms. Phippen explained that Mark Powell of 8182 S. Shields St. in Fort Collins has not removed his modular home required by court order.  Ms. Phippen stated that the cost for asbestos testing has greatly increased from what was previously thought, and the Planning Department is asking for additional money to fund the mandatory tests.  Commissioner Gibson suggested that the Planning Department do more research on the final cost of the asbestos testing and then contact the resident regarding payment.  In the meantime, the Board will authorize the increased cost of asbestos testing.

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners authorize the expenditure of up to $8250 to complete the testing to see if there is asbestos material in the house to be removed from the property.

Motion carried 3-0.

 

 

The meeting adjourned at 11:45 a.m.

 

 

 

WEDNESDAY, MARCH 14, 2007

 

 

MORIN & MORIN INC DBA

SUNDANCE TRAIL GUEST RANCH

LIQUOR LICENSE HEARING

(No Audio Available)

 

The Board of County Commissioners met at 3:30 p.m. with Linda Connors, Assistant County Attorney.  Chair Pro-Tem Rennels presided and Commissioner Gibson was present.  Also present were: Denise Ruybal, Clerk and Recording Department; Jason Meadors, Court Reporter; George Morin, owner of the Sundance Trail Guest Ranch; and Kristen Romary, Deputy Clerk.

 

The applicant, Mr. George Morin, explained that he and his wife own the Sundance Trail Guest Ranch, and he presented the following exhibits:  Exhibit A – photos of the notice posted on the premises informing the public of the pending application for a liquor license; and Exhibit B – the petitions signed by residents in the surrounding neighborhood, all of which are in support of the retail liquor license for the Sundance Trail Guest Ranch.  Ms. Connors explained that the names on the application and lease must match, and she wanted to let the record show that those changes had been made.  Mr. Morin gave approval of the changes.  Ms. Connors asked if Mr. Morin has familiarized himself with the liquor license laws of Colorado and how he intends to handle intoxicated patrons.  Mr. Morin explained that he has downloaded a PDF file regarding liquor license laws, and he also has a background in healthcare which will be helpful in identifying intoxicated individuals.  Mr. Morin said that he was unaware of liquor license training classes at this time.  The Board and Ms. Connors explained that classes are available, and they suggested that he register for Training for Intervention (TIP’s). 

 

Ms. Connors proceeded to ask the applicant about where the liquor will be sold on the premises, and how liquor sales will be itemized for tax purposes.  For the record, Ms. Connors noted that there was no one present in opposition of this license.  The Commissioner’s were in support of this application.

 

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the application for a retail liquor license for Morin & Morin Inc. dba Sundance Trail Guest Ranch, located at 17931 Red Feather Lakes Road, Red Feather Lakes, Colorado, as amended.

Motion carried 3-0.

 

 

The meeting ended at 3:45 p.m.

 

 

 

THURSDAY, MARCH 15, 2007

 

ABATEMENT HEARING

(#32)

 

The Board of County Commissioners met at 1:00 p.m. for Abatement hearings.  Chair Wagner presided and Commissioners Gibson and Rennels were present.  Also present were:  Zandon Bray, Ann Sepulveda, and Ann Piccone, Assessor's Office; and Gael Cookman, Deputy Clerk.

 

 

ABATEMENT HEARING FOR JOE CORIA; PARCEL NUMBER 97112-29-024:  Mr. Bray described the subject property, noting that the petitioner has two parcels located in close proximity to each other.  He then reviewed the comparables used to assess the value and explained that the comparables actually support a value of $130,000 instead of the current value of $93,052.  Mr. Coria explained that he was not protesting the value of this property, he merely intended for the appraiser to use it as a comparable, as it is similar in size, age, condition, and location.  Discussion ensued and the Board recognized that this home was probably undervalued; however, since Mr. Coria was not protesting the value of this property, the Board chose to remove it from the agenda.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners withdraw the Petition for Abatement by Joe Coria concerning Parcel Number 97112-29-024 and retain the current property valuation of $93,052.00.

Motion carried 3-0.

 

 

ABATEMENT HEARING FOR NELDA CORIA PARCEL NUMBER 97112-19-005:  Mr. Bray reviewed the comparables, an aerial photo, and presented the Market Approach Summary, which was used to assess the value of $148,531.00 on this parcel.  Mr. Coria explained that the comparables used were homes that have been remodeled and were built during a later time frame.  He stated that both of his homes are due for drastic remodeling; therefore, he believes they should not be compared to the newer/updated homes. 

 

Some discussion ensued.  Commissioner Gibson stated that given the cost per square foot calculation, this home being a bit larger, should be worth closer to $138,000.  The Board cautioned Mr. Coria that it was a reappraisal year and that his home that was undervalued would probably be adjusted to meet the current market.  Commissioner Gibson also explained that it was their responsibilities to ensure that assessments are fair and equitable, and it is the Board’s prerogative to actually raise the value of someone’s property should they discover that it is grossly undervalued.

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the Petition for Abatement and Refund of Taxes for Nelda and Joe Coria, Parcel Number 97112-19-005, for tax years 2005 and 2006 and adjust the value to $138,000.

Motion carried 3-0.

 

 

ABATEMENT HEARING FOR BARBARA J. BRYAN; PARCEL NUMBER 95223-10-002:  Ms. Sepulveda presented the appraisal report and explained the comparables used to arrive at the assessed value of $130,400.  She noted it is a modular home that was purchased in 2002 and that the current value is based upon her initial sales price of $125,375.00.   Ms. Bryan addressed the Board and asked what the advantage was to having a modular home that has been purged to the land.  Ms. Sepulveda explained that individuals often choose to purge the home to the land in order to have it classified as real property, which in turn, provides them more financial opportunities and flexibility to obtain home loans.  Ms. Bryan stated that she has tried to sell her home and then tried to refinance it when it did not sell; however, lenders will not approve a loan to refinance it because it is a 32-year old mobile home.  Ms. Bryan stated that mobile homes often depreciate, and noted a recent sale in her neighborhood that supported this fact.  Ms. Sepulveda agreed the mobile homes often do depreciate; however, that has not been the trend in Larimer County over the past six to seven years, and that the Assessor's Office can only consider sales through June of 2004 for this appraisal. 

 

Commissioner Rennels stated that she would be willing to support a reduction in value to the original sales price of $125,000.  Commissioner Gibson and Chair Wagner concurred.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Petition for Abatement and Refund of Taxes for Barbara J. Bryan, Parcel Number 95223-10-002, for tax years 2005 and 2006 and adjust the value to $125,000.

Motion carried 3-0.

 

 

The meeting adjourned at 2:00 p.m.

 

 

 

 

 

 

__________________________________________

KAREN A. WAGNER, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

__________________________________

Gael M. Cookman , Deputy Clerk

 

ATTEST:

 _________________________________

Kristen L. Romary, Deputy Clerk

 

 

 

Background Image: Loveland Bike Trail by Sharon Veit. All rights reserved.