> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 08/20/07  

 

 

 

 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, August 20, 2007

 

land use hearing

(#112)

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Planning Department.  Chair Rennels presided and Commissioners Gibson and Eubanks were present.  Also present were: Tobi Ieuter, and Wendy Dionigi,  Planning Department; Christie Coleman, Engineering Department; Doug Ryan, Environmental Health Department; Jeannine Haag, and Bill Ressue, Assistant County Attorney's; and Gael Cookman, Deputy Clerk. 

 

Chair Rennels opened the meeting with the Pledge of Allegiance and asked for public comment on the County Budget and the Land Use Code.  No one from the audience addressed the Board regarding these topics.  Chair Rennels then explained that Items 1 and 2 were on consent and would not be discussed unless requested by the Board, staff or a member of the audience:

 

 

1.  LOT CONSOLIDATION/EASEMENT VACATION IN GLACIER VIEW MEADOWS 12TH FILING LOTS 177 AND 178 - #07-S2709:  This is a request for Lot Consolidation to combine two contiguous lots and vacate a 20-foot utility easement located on the common lot line of Lots 177 and 178 of Glacier View Meadows 12th Filing PUD. 

 

There have been no objections to this proposal by surrounding neighbors.  Additionally, the following Larimer County agencies have stated that they have no objections to this proposal:

·  The Larimer County Department of Health and Environment 

·  The Larimer County Engineering Department Development Review Services

·  The Larimer County Assessor’s Office

·  The Larimer County Addressing Section

 

The proposed Lot Consolidation of Glacier View Meadows 12th Filing PUD Lots 177 and 178 and easement vacation, will not adversely affect any neighboring properties or any County agency.  The Lot Consolidation will not result in any additional lots.  The staff finds that the request meets the requirements of the Larimer County Land Use Code.

The Development Services Team recommends approval of the Lot Consolidation for Glacier View Meadows 12th Filing PUD Lots 177 and 178, and the vacation of the 20-foot utility easement located on the common lot line subject to the following conditions:

 

1.   All conditions of approval shall be met and the final resolution of the County Commissioners recorded by March 20, 2008, or this approval shall be null and void.

2.   The resultant lot is subject to any and all covenants, deed restrictions or other conditions that apply to the original lots.

3.   The vacation of the utility easement and the consolidation of the lots shall be finalized at such time when the findings and resolution of the County Commissioners is recorded. 

 

 

2.  MONDRAGON MINOR SPECIAL REVIEW - #07-Z1654:  This is a request for approval of a Minor Special Review allowing a home occupation with up to 200 square feet of outdoor storage and parking for one work vehicle on a 2.15 acre property ¼ mile from Highway 287 and ¾ mile from County Road 13.

The home occupation is commercial sign installation which occurs at customer sites with no customer traffic to and from this site. The detached shop on the property is used for storage and similar uses with no more than 800 square feet of space being utilized for the business. There is no retail sales associated with this business. The work vehicle will leave and return during normal business hours suitable for a residential area and there will be no more than 5 trips per day.

On May 21, 2007, at 6:30 p.m., Andrew and Julie Mondragon held a neighborhood meeting at their home at 409 E. 57th Street in Loveland.  The meeting was facilitated by Julie Piepho. The meeting notes indicate that four neighbors were in attendance, one of which had objections to the request.  In addition to the notes from the neighborhood meeting, one letter was received by the applicant and has been included with the application; that neighbor does not object to the request.

There were no objections from County Planning, Engineering and Health Department staff members regarding the applicant’s request.  However, each outlined minor concerns that the applicant should address prior to recording the final plat.  Those concerns are as follows:

 

1.   Planning staff has two concerns with this request. The outdoor storage area should be screened from all sides, either with vegetation or fencing. Any activities related to the home occupation should take place in the building indicated for the use, or in the outdoor storage area. No materials or other work product should be visible on the property outside of those areas. Apart from the above comments, planning staff find this application meets the requirements for a Home Occupation as defined by the Land Use Code.

2.   The Engineering Department indicates no objection to the proposal given that no new accesses are created and the use will generate less than 10 vehicle trips per day.

3.   The Environmental Health Department did not object to the request, so long as the materials to be stored are not hazardous.

4.   The Building Department responded with no comments on this request.

5.   The Addressing Section indicated that the address on the property, 409 E. 57th Street, will remain for the entire property, no new address will be given to the storage area, shop area, or parking area.

6.   Staff referred the application to outside reviewing agencies and the affected utility companies, Loveland Fire and Rescue comments are below, Loveland/Fort Collins Water District has no objections to the request, no other comments were received.

7.   Loveland Fire and Rescue indicated that any use of the property for commercial operations other than the storage of 1 vehicle and 200 square feet of outdoor storage would require further review; however the agency stated no objections to this request. Address numbers will need to be visible and legible from the street fronting the property and shall contrast with their background.  For additional information please see the letter from the City of Loveland Fire Prevention Bureau dated July 9, 2007.

8.   No other individuals or referral agents contacted Planning Staff with comments on this request.

 

The Land Use Code states that a home occupation is a business use conducted as an accessory use in the resident’s dwelling unit, attached garage, or detached building, including office work, the making of art or crafts, trade uses, the providing of personal or professional services, and similar activities. Home occupation uses are intended to allow property owners full use of their property, while maintaining the integrity and character of the neighborhood.  To meet these goals, home occupations must be conducted in such a way that the home occupation is clearly ancillary, secondary, and incidental to the principal use of the property.  It is the assessment of the Development Services Team that this request can meet the standards, provided the owner complies with the requirements for a Home Occupation and satisfies the recommended conditions of approval below.

The Development team findings are as follows: 

A.   The request is compatible with existing and allowed uses in the surrounding area and in harmony with the neighborhood.

B.   The use is located inside of a GMA district, there are no supplemental regulations that are applicable and there are no known conflicts with the County Master Plan.

C.   Provided the applicant complies with any conditions of approval and meets the standards found in Section 4.3.10.B.3 of the Land Use Code, the proposed use will comply with all requirements of the Land Use Code and all applicable county, state and federal regulations.

D.   The proposed use will not adversely affect property values in the area.

 

The Development Services Team recommends that the Board of County Commissioners approve the Mondragon Minor Special Review subject to the following conditions:

 

1.   The Site shall be developed consistent with the approved plan and with the information contained in the Mondragon Minor Special Review (File #07-Z1654).  The applicant shall be subject to all other verbal or written representations and commitments of record for the Mondragon Minor Special Review.

2.   This application is approved without the requirement for a Development Agreement.  In the event the applicant fails to comply with any conditions of approval or otherwise fails to use the property consistent with the approved Minor Special Review, applicant agrees that in addition to all other remedies available to County, County may withhold building permits, issue a written notice to applicant to appear and show cause why the Minor Special Review approval should not be revoked, and/or bring a court action for enforcement of the terms of the Minor Special Review.  All remedies are cumulative and the County’s election to use one shall not preclude use of another.  In the event County must retain legal counsel and/or pursue a court action to enforce the terms of this Minor Special Review approval, applicant agrees to pay all expenses incurred by County including, but not limited to, reasonable attorney’s fees.  County may conduct periodic inspections to the property and reviews of the status of the Minor Special Review as appropriate to monitor and enforce the terms of the Minor Special Review approval.

3.   The Findings and Resolution shall be a servitude running with the Property.  Those owners of the Property or any portion of the Property who obtain title subsequent to the date of recording of the Findings and Resolution, their heirs, successors, assigns or transferees, and persons holding under applicants shall comply with the terms and conditions of the Special Review approval.

4.   The applicant will need to complete, sign, and submit to the County Planning Department a Home Occupation Registration Certificate prior to operation of the business.

5.   Outdoor storage for the home occupation shall not be further expanded beyond the proposed 200 square feet.

6.   All outdoor storage will be screened with fencing or landscaping from all directions and adjacent properties. Within 30 days of approval of this application the applicant will need to provide a landscape plan to the Planning department for review and approval. The Planning department will inspect the property for screening completion within 30 days of approval of the landscape plan.

7.   The home occupation storage and shop use shall not be further expanded beyond the proposed 800 square feet.

8.   Any activities or materials related to the home occupation shall be completed and/or stored within the building dedicated for the home occupation. No additional storage or work area will be allowed outside the building or storage area. All work to be performed shall be completed inside the building for the home occupation.

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve Items 1 and 2, as listed on the Consent Agenda and outlined above.

Motion carried 3-0.

 

 

3.  LOT CONSOLIDATION IN CUSHMAN'S LAKEVIEW 3RD FILING LOTS 93, 94, AND 95A - #07-S2700:   The subject request proposes to combine Lots 93 and 94 of Cushman’s Lakeview 3rd Filing subdivision and 95A of the Lot Consolidation of lots 95, 105 and 106 of the Cushman’s Lakeview 3rd Filing Subdivision into a single lot.  The subject lots being consolidated were 3 lots previously consolidated in 2006.

 

During the previous lot consolidation process the applicant did not attend the public hearing and later objected to the recommendation of the Development Services Team that all conditions of the original subdivision approval continue to apply and the following:

All construction on this subdivision or on any lot therein including the development of domestic water and the provision of sewage disposal shall be done in a manner which will meet all of the requirements of the Colorado State Department of Health and the Larimer County Public Health Department, and the officers authorized to enforce such requirements.  Until such a time there is a public sewage disposal system available to this subdivision, or until such time other methods are approved, “water tight vaults” shall be used for sewage disposal in this subdivision.

The reason for the applicant’s objection was that he believed that the comments from the Health Department wrongfully interpreted the original conditions of the subdivision as it related to the investigation of public sewer service before on-lot septic systems would be considered an acceptable alternative; thus the applicant is now requesting that Review Criteria #5 of the Section 5.7.3 (Amended Plats) of the Land Use Code not apply or be interpreted differently than the comments from the Larimer County Health Department, which comments are the same as before (see attached Health Department comments).

The Larimer County Land Use Code (Section 5.7.3) allows for the approval of a lot consolidation if the following review criteria are met:

A.  No additional lots will be created by the lot consolidation.

The proposed request will combine two lots into one, thus no new lots are being created by this action.

B.  The resultant lots will meet the required minimum lot size of the applicable zoning district and the lot dimension ratio required by subsection 8.14.2.H. If any of the lots are nonconforming with respect to the minimum lot size or the lot dimension ratio, the lot consolidation must not increase the nonconformity.

The lots being consolidated received subdivision review and approval prior to the O (Open) Zone District having a minimum lot area of 10 acres.  Therefore, the resultant lots will be greater than area than originally approved, but less than the Zone District minimum requirements, which is acceptable because of the original subdivision approval for the smaller lots.

C.  The lot consolidation will not create a nonconforming setback for any existing building;

There are no structures on the Lots as they currently exist, thus this action will not result in or create and non-conforming setbacks.

D.  The lot consolidation will not adversely affect access, drainage or utility easements or rights-of-way serving the property or other properties in the area; and

The subject action is merely to consolidate lots, which consolidation will not change or alter existing easements or any physical aspects of the property.  At the time of building permit review of the access and overall site grading will be reviewed to ensure no adverse impacts occur to other properties in the area.

E.  Any covenants, deed restrictions or other conditions of approval that apply to the original lots must also apply to the resultant lots.

The applicant has indicated that he does not object to the original conditions of approval continuing to apply to the newly created lot, but does have concerns with how the original conditions are interpreted.  The Development Services Team will recommend that the original conditions apply, as is the case with all amended plat applications.  The interpretation of the conditions will be left to the applicable administering authority, the County Attorney and the Board of County Commissioners.

 

The comments from the referral agencies and Departments indicate no major concerns or objections, with the exception of the Health Department comments, which indicate that prior to the use of septic systems on the property the applicant shall demonstrate that connection to an approved Public Sewer system is not feasible, which analysis is addressed in the attached comments from the Larimer County Health Department.

 

The proposed Lot Consolidation of Lots 93 and 94 of the Cushman’s Lakeview 3rd filing Subdivision and 95A of the Lot Consolidation of Lots 95, 105 and 106 of the Cushman’s Lakeview 3rd Filing Subdivision will not adversely affect the surrounding area or properties, furthermore; the Development Services Team finds that the applicant complies with the Larimer County Land use Code.

 

The Development Services Team recommends approval of the Lot Consolidation for Lots 93 and 94A of the Cushman’s Lakeview 3rd Filing Subdivision and Lot 95A of the Lot Consolidation of Lots 95, 105, and 106 of the Cushman’s Lakeview 3rd Filing Subdivision (File #07-S2700), subject to the following conditions:

1.   All conditions of approval shall be met and the final resolution of the County Commissioners recorded by February 20, 2008, or this approval shall be null and void.

2.   The resultant lot is subject to any and all covenants, deed restrictions or other conditions that apply to the original lots.

 

4.  LOT CONSOLIDATION IN CUSHMAN'S LAKEVIEW 3RD FILING LOTS 61A AND 74A - #07-S2701:  The subject request proposes to combine Lots 61A and 74A of the Cushman’s Lakeview 3rd Filing Subdivision into a single lot.  The subject lots being consolidated were 6 lots previously consolidated in 2006.   During the previous lot consolidation process the applicant did not attend the public hearing and later objected to the recommendation of the Development Services Team that all conditions of the original subdivision approval continue to apply and the following:

 All construction on this subdivision or on any lot therein including the development of domestic water and the provision of sewage disposal shall be done in a manner which will meet all of the requirements of the Colorado State Department of Health and the Larimer County Public Health Department, and the officers authorized to enforce such requirements.  Until such a time there is a public sewage disposal system available to this subdivision, or until such time other methods are approved, “water tight vaults” shall be used for sewage disposal in this subdivision.

The reason for the applicant’s objection was that he believed that the comments from the Health Department wrongfully interpreted the original conditions of the subdivision as it related to the investigation of public sewer service before on-lot septic systems would be considered an acceptable alternative; thus the applicant is now requesting that Review Criteria #5 of the Section 5.7.3 (Amended Plats) of the Land Use Code not apply or be interpreted differently than the comments from the Larimer County Health Department, which comments are the same as before (see attached Health Department comments).

The Larimer County Land Use Code (Section 5.7.3) allows for the approval of a lot consolidation if the following review criteria are met:

A.  No additional lots will be created by the lot consolidation.

The proposed request will combine two lots into one, thus no new lots are being created by this action.

B.  The resultant lots will meet the required minimum lot size of the applicable zoning district and the lot dimension ratio required by subsection 8.14.2.H. If any of the lots are nonconforming with respect to the minimum lot size or the lot dimension ratio, the lot consolidation must not increase the nonconformity.

The lots being consolidated received subdivision review and approval prior to the O (Open) Zone District having a minimum lot area of 10 acres.  Therefore, the resultant lots will be greater than area than originally approved, but less than the Zone District minimum requirements, which is acceptable because of the original subdivision approval for the smaller lots.

C.  The lot consolidation will not create a nonconforming setback for any existing building;

There are no structures on the Lots as they currently exist, thus this action will not result in or create and non-conforming setbacks.

D.  The lot consolidation will not adversely affect access, drainage or utility easements or rights-of-way serving the property or other properties in the area; and

The subject action is merely to consolidate lots, which consolidation will not change or alter existing easements or any physical aspects of the property.  At the time of building permit review of the access and overall site grading will be reviewed to ensure no adverse impacts occur to other properties in the area.

E.  Any covenants, deed restrictions or other conditions of approval that apply to the original lots must also apply to the resultant lots.

The applicant has indicated that he does not object to the original conditions of approval continuing to apply to the newly created lot, but does have concerns with how the original conditions are interpreted.  The Development Services Team will recommend that the original conditions apply, as is the case with all amended plat applications.  The interpretation of the conditions will be left to the applicable administering authority, the County Attorney and the Board of County Commissioners.

 

The comments from the referral agencies and Departments indicate no major concerns or objections, with the exception of the Health Department comments, which indicate that prior to the use of septic systems on the property the applicant shall demonstrate that connection to an approved Public Sewer system is not feasible, which analysis is addressed in the attached comments from the Larimer County Health Department.

 

The proposed Lot Consolidation of Lots 61A and 74A of the Lot Consolidation of Lots 61-65 and 74-75 of the Cushman’s Lakeview 3rd Filing Subdivision will not adversely affect the surrounding area or properties, furthermore; the Development Services Team finds that the applicant complies with the Larimer County Land use Code.

 

The Development Services Team recommends approval of the Lot Consolidation for Lots 61A and 74A of the Lots Consolidations of Lots 61-65 and 74-75 of the Cushman’s Lakeview 3rd Filing Subdivision subject to the following conditions:

1.   All conditions of approval shall be met and the final resolution of the County Commissioners recorded by February 20, 2008, or this approval shall be null and void.

2.   The resultant lot is subject to any and all covenants, deed restrictions or other conditions that apply to the original lots.

 

Mr. Lafferty explained that he would present Items 3 and 4 as one discussion since they are requests from the same owner and pertain to the same issues.  He presented some photos and aerial pictures of the proposed lot consolidations.  Mr. Lafferty stated that they are in agreement with the applicant, except for the exact method that will be used for sewage disposal.  Mr. Ryan explained that the original plat note states that water tight vaults shall be used for sewage disposal until such time there is a public sewage disposal system available to the subdivision.  Mr. Ryan explained that there is a public sewage disposal system available nearby and the Health Department simply wants to explore the feasibility of connecting to this public sewage system.

 

Philip Hayward, applicant, addressed the Board and explained that in his opinion, it seems inappropriate to force someone to explore options for sewage disposal, due to the fact the County and State regulations have many approved methods, and he, as a property owner, should be able to choose which method he wants to use - since they are all approved methods.  In addition, the regulations state that he cannot be forced into connecting to a public sewage system unless the property is within 400 feet of said system, and Mr. Hayward’s property line is at least 1500 feet away. 

 

Steve Bond, engineer for the applicant, displayed a topographical map, which outlined the contours and slope of the terrain.   He explained the many issues he revealed when considering connection to public sewerage for this subdivision. He also noted that it may take some time to develop all of the properties, and that there must be a minimal number of homes on a public system in order to make it a viable system. 

 

There was no public comment on this item.

 

Discussion followed, and Mr. Ryan asked that Mr. Hayward have his engineer submit his findings in writing.  Mr. Hayward asked for the county attorney’s interpretation of the original plat verbiage.  Ms. Haag stated that it is indeed acceptable for the Health Department to ask for a feasibility study to see if connection to public sewage is available and to consider all possible options for sewage disposal.   

 

The Board agreed that the sewage disposal method utilized must be approved by the Environmental Health Department.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the Lot Consolidation for Lots 93 and 94 of the Cushman’s Lakeview 3rd Filing Subdivision and Lot 95A of the Lots Consolidation of Lots 95, 105 and 106 of the Cushman’s Lakeview 3rd Filing Subdivision (File #07-S2700), As recommended by the Development Services Team.

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the Lot Consolidation for Lots 61A and 74A of the Lots Consolidations of Lots 61-65 and 74-75 of the Cushman’s Lakeview 3rd Filing Subdivision, as recommended by the Development Services Team.

 

Motion carried 3-0.

 

5.  GASCA ZONING VIOLATION - #06-CC0532:  Ms. Dionigi presented before and after photos regarding the Gasca Zoning violation.  The photos clearly illustrated that the zoning violation has been cured.   The Board thanked Ms. Dionigi for presented this information and for her assistance in this effort.

 

The hearing adjourned at 4:00 p.m., with no further action taken.

 

 

TUESDAY, AUGUST 21, 2007

 

 

ADMINISTRATIVE MATTERS

(#113 & 114)

 

The Board of County Commissioners met at 9:00 a.m. with Frank Lancaster, County Manager.  Chair Rennels presided and Commissioners Gibson and Eubanks were present.  Also present were: Donna Hart, Deni LaRue, and Diane Tokarz, Commissioners’ Office; Kimberly Culp, Larimer Emergency Telephone Authority; Bill Nelson, and Justin Smith, Sheriff’s Department; Sally Alexander, Risk Management; Stephen Gillette, and Linda Haden, Solid Waste Department; Babette Cornell, Facilities Department; Wynette Reed and Pam Stultz, Human Resources Department; and Gael Cookman, Deputy Clerk.

 

 

1.  PUBLIC COMMENT:  Numerous county employees addressed the Board with concerns of the proposed health care insurance changes.  A lengthy discussion ensued regarding how the information was disseminated, the timeliness of it, how it may cause an increase in surgeries for the remainder of 2007, how the high deductibles will affect single parents, and those that have to wait until next year to have their surgeries performed, etc.  Chair Rennels requested that this item be moved forward on the agenda and invited the concerned employees to attend this portion of the meeting.

 

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF AUGUST 13, 2007:

 

M O T I O N

Commissioner Eubanks moved that the Board of County Commissioners approve the minutes for the week of August 13, 2007.

Motion carried 3-0.

 

3.  REVIEW OF THE SCHEDULE FOR THE WEEK OF AUGUST 27, 2007:  Ms. Hart reviewed the upcoming schedule with the Board.

 

4.  CONSENT AGENDA: 

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for August 14, 2007:

 

0821007A001             PROFESSIONAL SERVICES - MOSQUITO MANAGEMENT SERVICES AGREEMENT SERVICES AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY COLORADO MOSQUITO CONTROL, INC. 

 

08212007A002           AGREEMENT CONCERNING ELECTION SERVICES BETWEEN THE LARIMER COUNTY CLERK AND RECORDER AND AIMS COMMUNITY COLLEGE

 

08212007A003           AGREEMENT CONCERNING ELECTION SERVICES BETWEEN THE LARIMER COUNTY CLERK AND RECORDER AND THE WELD SCHOOL DISTRICT

 

08212007A004           AGREEMENT CONCERNING ELECTION SERVICES BETWEEN THE LARIMER COUNTY CLERK AND RECORDER AND RED FEATHER LAKES FIRE PROTECTION DISTRICT

 

08212007A005           AGREEMENT CONCERNING ELECTION SERVICES BETWEEN THE LARIMER COUNTY CLERK AND RECORDER AND PARK SCHOOL DISTRICT R-3

 

08212007R001           FINDINGS AND RESOLUTION APPROVING THE PEARL CREEK ONE APPEAL

 

08212007R002           RESOLUTION ADOPTING AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE (Concerning Red Feather Lakes Plan Area)

 

08212007R003           RESOLUTION ADOPTING AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE (Concerning  Landscaping Fences and Walls)

 

08212007R004           RESOLUTION ADOPTING AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE (Concerning Outdoor Storage and Outdoor display)

 

08212007R005           RESOLUTION REGARDING EXTENSION OF APPROVAL OF AMENDED PLAT FOR HIGH COUNTRY ESTATES LOT 1 - 3; FILE #07-S2663

 

08212007R006           RESOLUTION REGARDING ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIALS (David P. Vanderberg and Joseph J. Petrone)

 

08212007R007           FINDINGS AND RESOLUTION APPROVING THE TURNER MINOR SPECIAL REVIEW

 

08212007R008           RESOLUTION SUBMITTING THE QUESTION OF THE ESTABLISHMENT OF THE BERTHOUD COMMUNITY LIBRARY DISTRICT TO A VOTE OF THE REGISTERED ELECTORS OF THE PROPOSED DISTRICT AT THE NOVEMBER 6, 2007 GENERAL ELECTION

 

LIQUOR LICENSES:  The following licenses were approved and issued:  City Limits Lounge - Tavern - Fort Collins; Rainbow Plaza - Tavern - Loveland; Castillion’s Mexican Restaurant - Hotel & Restaurant - Fort Collins.   The following permit was approved:  Women’s Development Council, Inc. - Special Event Permit 6% - Loveland.

 

Motion carried 3-0.

 

5.  UPDATE ON LARIMER EMERGENCY TELEPHONE AUTHORITY (LETA) AND APPROVAL OF LETA TELEPHONE AND WIRELESS ACCESS CHARGES FOR 2008:  Ms. Culp presented an overview of LETA and explained her role in researching whether or not it would be cost beneficial to combine the region’s 9-1-1 call centers; she stated that the research indicated an estimated 3.5 million dollars could be saved by consolidation efforts.  Ms. Culp explained that the litigation with Qwest has been settled, and that Qwest will be applying credits to LETA beginning next month for incorrect charges in the past.  Finally, Ms. Culp requested approval to maintain the telephone exchange access facility charge and the wireless communications access charge at the same rate of $.45 per month, effective January 1, 2008.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the resolution establishing a telephone communications access charge for the Larimer Emergency Telephone Authority at the same rate of $.45 per month, effective January 1, 2008.

 

Motion carried 3-0.

 

08212007R009           RESOLUTION ESTABLISHING A TELEPHONE EXCHANGE ACCESS FACIILITY CHARGE AND A WIRELESS COMMUNICATIONS ACCESS CHARGE FOR THE LARIMER EMERGENCY TELEPHONE AUTHORITY EFFECTIVE JANUARY 1, 2008.

 

6.  SHERIFF VOLUNTEER GROUPS INSURANCE COVERAGE POLICY:  Ms. Alexander requested Board approval regarding an internal policy to clarify and provide a better understanding of insurance coverage for certain sheriff volunteer groups that require worker’s compensation coverage.  She noted that the policy establishes procedures, confirmation of coverage, and cost allocation for this exposure.  Some discussion ensued and Ms. Alexander explained that the County is self-insured up to $500,000, and a private insurance carrier would cover claims exceeding that amount.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the Sheriff Volunteer Groups Insurance Coverage Policy 390.17.

 

Motion carried 3-0.

 

7.    MEDICAL INSURANCE PLAN RENEWAL:   Ms. Reed explained that the 2008 proposed health insurance changes are based on prior and current costly insurance claims, medical trends, and the urgent need to build up a sufficient reserve fund.  She then introduced the following members of the Health Insurance Advisory Committee:  Bill Nelson, Linda Sanders, Christine Day, Diana Morton, Stacie Hogard, Marla Morine, and Stephen Gillette.  Ms. Morton explained that they had 32 meetings with county employees over the past few months.  She stated that they asked for input, and for suggestions, and that they did explain the problems and potential remedies.  Ms. Reed noted that the overwhelming feedback they received was to keep the monthly premium cost to employees down.  In order to do this, they had raised the deductible and make certain other changes to the plan, some of which are not popular.  Mr. Lancaster further noted that in order to recruit and retain employees, the monthly out-of-pocket premium costs had to be reasonable and aligned with other comparable employers.  Much discussion ensued.  The Board asked that this item be tabled for one-week, in order to give employees one last opportunity to ask questions and offer suggestions for consideration.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners table the decision regarding the 2008 Medical Insurance Plan Renewal until Tuesday, August 28, 2007, at the regularly scheduled Administrative Matters meeting.

 

Motion carried 3-0.

 

8.  SOLID WASTE BUILDING PROJECT CHANGE ORDER:  Mr. Gillette requested approval to expend an additional $42,000 to install a sprinkler system at the administrative building being constructed the landfill.  He explained that the Poudre Fire Authority has requested the building be sprinklered, or that another emergency entrance be provided closer to the building.  Mr. Gillette stated that it would be more cost effective to install the sprinkler system, which would be paid for out of the Solid Waste Enterprise Fund.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the expenditure of $42,000, from the Solid Waste Enterprise Fund, to install a sprinkler system in the administrative building being constructed at the landfill.

 

Motion carried 3-0.

 

9.  BOARDS AND COMMISSIONS APPOINTMENTS AND REAPPOINTMENTS:  Ms. Tokarz outlined the appointments to the Community Corrections Advisory Board as follows:  Michael Esters, and Albert Mauk, appointed for a 2-year term beginning August 21, 2007, and ending June 30, 2009.   Some discussion ensued regarding the fact that the two individuals are actually replacing two others that were only appointed six weeks ago.  The commissioners agreed that Mr. Esters and Mr. Mauk will be fulfilling this term as their first appointed term, and it will count towards their term-limited time as Board members.   

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the appointments to the Community Corrections Advisory Board as outlined above, counting this term as their first full term served.

 

Motion carried 3-0.

 

10. WORKSESSION:  Mr. Lancaster and Ms. Reed explained that they have re-worked the criminal justice position and wish to upgrade it from a grade of 482 to 509, since the position now has more responsibility and higher qualification requirements.  The Board supported the grade increase. 

 

Mr. Lancaster requested direction from the Board considering their position on the proposed Collective Bargaining for Peace Officers law; he noted that Senator Salazar will be meeting with the Board next week to discuss this pending law.  Chair Rennels and Commissioner Gibson noted that they oppose the measure; however, Commissioner Eubanks requested additional time to review the issue.  The Board agreed to this, but will still proceed to have a conversation with Senator Salazar regarding the matter next week.

 

Mr. Lancaster noted that there are many new “scams” taking place within the county; such as people knocking on doors representing themselves as asphalt pavers and offering to pave homeowner's driveways with “left-over” asphalt from county road maintenance.  Mr. Lancaster asked if the Board would consider enacting an ordinance requiring business owners to obtain a permit for these types of operations, so that the Sheriff’s Department could prosecute if the business owner does not have a permit to legitimately peddle door-to-door.

 

11.  COMMISSIONER REPORTS:  The Board reviewed their activities from the week prior. 

 

The meeting ended at 11:35 a.m., with no further action taken.

 

 

 

__________________________________________

KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

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Gael M. Cookman, Deputy Clerk