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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, February 2, 2009

 

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Rennels presided and Commissioner Johnson was present. Also present were: Traci Shambo, Engineering Department; Doug Ryan, Environmental Health Department; Rob Helmick and Sean Wheeler, Planning Department; Jeanine Haag, Assistant County Attorney; and Melissa Lohry, Deputy Clerk. 

 

Chair Rennels opened the hearing with the Pledge of Allegiance and asked for public comment on the County Budget or Land Use Code. No one from the audience addressed the Board regarding either of these topics.

 

Chair Rennels addressed the audience and explained that the following items were on today’s consent agenda would not be discussed unless requested by the Board, staff, or members of the audience:

 

1.         FOX ACRES 2ND AND 3RD FILING LOT 26 AMENDED PLAT, FILE #08-S2850:  This is a request to amend the plat of Fox Acres 2nd and 3rd Filing to reconfigure Lot 26 so that all improvements would be located within lot lines. The acreage of Lot 26 will remain unchanged. Fox Acres Country Club was first approved in 1979, as a Master Planned community. There are four filings along with a variety of lot sizes and configurations. The project was first approved with 225 lots, on 459-acres, a golf course, and support facilities. Fox Acres also has its own water and sewer associations on-site to provide these services to the individual lots. Fox Acres is located on the northeast side of the Red Feather Lakes Subdivision.

 

Staff finds the proposed plat amendment will not adversely affect any neighboring properties or any County agency. The amended plat will not result in any additional lots. Therefore, staff  finds the request meets the requirements of the Larimer County Land Use Code and recommends approval of the Amended Plat of Fox Acres 2nd and 3rd Filing, Lot 26 and Common Properties, file #08-S2850, subject to the following conditions, and authorization for the chair to sign the plat when the conditions are met and the plat is presented for signature:

 

1.         The final plat shall be recorded by August 2, 2009, or this approval shall be null and void.

 

2.         Prior to the recordation of the final plat, the applicant shall make the technical corrections requested by the Land Surveyor of the Larimer County Engineering Department.

 

2.         MYCAMP SUBDIVISION LOTS 7 AND 8 BLOCK D AMEDED PLAT, FILE #08-S2852:  This is a request to amend the Mycamp Subdivision to adjust the lines between Lots 7 and 8. An existing home and garage are currently on Lot 8, if the request is approved, the garage will be on Lot 7. The garage has the potential for a residence on the second story of the structure.

 

Staff has found the proposed plat amendment will not adversely affect any neighboring properties or any County agency, nor will it result in any additional lots. Staff finds that with the conditions listed below, the request meets the requirements of the Larimer County Land Use Code. Therefore, staff recommends approval of the Amended Plat of Lots 7 & 8 of the Mycamp Subdivision, file #08-S2852, subject to the following conditions, and authorization for the chair to sign the plat when the conditions are met and the plat is presented for signature:

 

1.         The final plat shall be recorded by August 2, 2009, or this approval shall be null and void.

 

2.         Prior to the recordation of the final plat, the applicant shall make the technical corrections requested by the Land Surveyor of the Larimer County Engineering Department.

 

3.         Prior to the recordation of the final plat, the applicant shall make the technical corrections requested by the County Assessor’s office.

 

4.         Prior to the recordation of the final plat, the applicant or surveyor shall add a note indicating that the resultant lots will be subject to the same restrictions, covenants, and regulations as set forth in the plat of record for the Mycamp Subdivision.

 

5.         Prior to the recordation of the final plat, the applicant shall revise the access and maintenance easement to include a private utility easement for those portions of the septic system serving Lot 8A that cross Lot 7A.

 

6.         Prior to the recordation of the final plat, the applicant shall provide a site plan to the Department of Health and Environment verifying:

a.         The portions of the existing septic system which cross into Lot 7A are actually located in the private utility easement.

b.         The sewer absorption field serving Lot 8A is located on that lot.

c.         The sewer absorption field complies with the Health Department’s minimum 10-foot property line setback.

d.         A suitable location for a potential replacement absorption field exists on the revised Lot 8A.

 

3.         COYOTE CROSSING CONSERVATION DEVELOPMENT PRELIMINARY PLAT, FILE #06-S2546:  This is a request for approval to subdivide 35-acres into a Conservation Development (CD) with 4 single-family, residential lots.  The subject property is located on the south side of the No Te Mah Ridge CD and southwest of the Horseshoe Park Subdivision. The site is directly north of the Larimer/Boulder County Line. It is currently undeveloped rural land with three irrigation ditches running in a northeast to southwest direction. Residual Lot “A” on the plat will be privately owned and includes a building envelope for a single-family home. The zoning is FA-1 Farming, which allows a minimum of 50% of the site be designated as Residual Land. The balance of the site can be developed as single-family residential lots as proposed.

 

The site and surrounding area consist of rolling terrain, generally sloping toward the west.  Portions of the site have Class 3 and 4 Wetlands, mature trees, and wild life habitat. The largest wetland area shown will be part of the residual land, as the request includes a “Preliminary Wetland Mitigation Plan.”  Three irrigation ditches crossing the site are identified as the Old Ish Ditch, the Supply Ditch and the Upper Highland Ditch, along with a lateral from the Supply Ditch. All three Ditch Companies were sent referrals for the Sketch Plan and the Preliminary Plat reviews of this project to allow for comment, but did not reply. The Little Thompson Water District will serve the site and all lots will have individual septic systems.  Access to the Residual Lot “A” and Lot 3 will be off Ladera Road, and access to Lots 1 and 2 at the western end of the site will be off Ranchero Road. As a final note, the applicant requested staff review of this project be placed on hold from August 2006 to August 2007.

 

Staff recommends approval of the Coyote Crossing Conservation Development Preliminary Plat, file #06-S2546, subject to the following conditions:

 

1.         The final plat shall be consistent with the approved preliminary plan and with the information contained in the Coyote Crossing Conservation Development, file #06-S2546, except as modified by the conditions of approval or agreement of the County and applicant. The applicant shall be subject to all other verbal or written representations and commitments of record for the Coyote Crossing Conservation Development, file #06-S2546.

 

2.         The following fees shall be collected at building permit issuance for new single family dwellings: the Thompson R-2J School District, the Larimer County fees for County and Regional Transportation Capital Expansion, and the Larimer County Regional Park Fees in lieu of dedication. The fee amount that is current at the time of building permit application shall apply.

 

3.         Individual residential sprinkler systems are required for all new habitable construction in this development. Sprinkler system plans are subject to review and approval by the Berthoud Fire District. Evidence of approval form the Fire District must be provided to the Building Department prior to building permit issuance.

 

4.         Lot specific soil tests are required at time of building permit application. If the soil tests indicate specific conditions, all habitable structures will require an engineered foundation system. Such engineered foundation system designs shall be based upon a site specific soil investigation.

 

5.         The lowest habitable floor level (basement) shall not be less than 3-feet from the seasonal high water table. Mechanical methods proposed to reduce the ground water level, unless it is a response after construction, must be proposed on a development wide basis.

 

6.         Passive radon mitigation measures shall be included in construction of residential structures on these lots. The results of a radon detection test conducted in new dwellings 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 builder may present a prepaid receipt from 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.

 

7.         The 60-foot access and utility easement along the east property line shall be removed or relocated to an area outside of the Ditch Company easement, unless the Ditch Company agrees, in writing, to incorporation of the easement within the Ditch Company Easement.

 

8.         The applicant shall sign a Development Agreement and Disclosure Notice for this development, to be prepared by staff and approved by the County Attorney, prior to recordation of the final plat, and to be recorded with the final plat.

 

9.         The applicant shall provide and participate in a Road Maintenance Agreement with the No Te Mah Conservation Development on a proportionate impact basis.

 

4.         PTARMIGAN RUN ASSISTED LIVING FACILITY SPECIAL REVIEW, FILE #08-Z1684:  This is a request for approval of a state licensed group home for up to 16 elderly residents in a single family home, located on Lot 3 of the Fritchel Minor Residential Development (MRD). The Fritchel MRD was approved by the county in 1991.   

 

The applicant seeks approval to expand an existing group home for the Elderly from 8 to 16 residents. The county’s Land Use Code defines a group home for the elderly as a facility that provides care for up to eight  residents, since the applicant seeks to increase the number of full-time residents to 16, the facility is re-defined as a “State Licensed Group Home,” which requires Special Review approval.

 

The residence is 2,209-square-feet in size on a 1.55-acre lot. Water is provided by the Fort Collins-Loveland Water District and sanitary sewer is provided by the City of Loveland. The site is located in a residential neighborhood in the FA-Farming Zone District. Residents to the north, east, and south, of the property are also in the FA-Farming Zone District and the property to the west is zoned M1 Multi-Family. The multi-family site is currently utilized as a mobile home park. The property is within the designated City of Loveland Growth Management Area, but it is not contiguous to the municipal boundary.

 

Staff has found that the Ptarmigan Run Assisted Living Facility Special Review use will be compatible with allowed uses in the surrounding area and be in harmony with the neighborhood. The use is consistent with the applicable supplementary regulations to the  Loveland Growth Management Area, and is supported by the City of Loveland. The applicant has demonstrated that the special review use can and will comply with all applicable requirements of the code. The use will not result in a substantial adverse impact on property in the vicinity of the subject property, based on the nature of the proposed use, and the size and scope of the expansion.

 

Staff recommends approval of the Ptarmigan Run Assisted Living Facility Special Review, file #08-Z1684, subject to the following conditions:

 

1.         This special review approval shall automatically expire without a public hearing if the use is not commenced within three years of the date of approval.

 

2.         The site shall be developed consistent with the approved plan and with the information contained in file #08-Z1684, for the Ptarmigan Run Assisted Living Facility Special Review, except as modified by the conditions of approval or agreement between the county and applicant. The applicant shall be subject to all other verbal or written representations and commitments of record for the Ptarmigan Run Assisted Living Facility Special Review.

 

3.         Failure to comply with any conditions of the special review approval may result in reconsideration of the use and possible revocation of the approval by the Board of Commissioners

 

4.         The Ptarmigan Run Assisted Living Facility Special Review is approved without the requirement for a Development Agreement. The findings and resolution shall apply and 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.

 

5.         In the event the applicant fails to comply with any conditions of approval or otherwise fails to use the property consistent with the approved special review, the applicant agrees that in addition to all other remedies available to the county, the county may withhold building permits, issue a written notice to applicant to appear and show cause why the special review approval should not be revoked, and/or bring a court action for enforcement of the terms of the special review.  All remedies are cumulative and the county’s election to use one shall not preclude use of another. In the event the county must retain legal counsel and/or pursue a court action to enforce the terms of this special review approval, applicant agrees to pay all expenses incurred by county including, but not limited to, reasonable attorney’s fees.

 

6.         The county may conduct periodic inspections to the property and reviews of the status of the special review as appropriate to monitor and enforce the terms of the special review approval.

 

7.         Prior to commencing any site improvements, and no later than 60-days after the Board of County Commissioner approval of the special review, the applicant shall pay the Transportation Capital Expansion Fee of $3,865 to the Larimer County Engineering Department.

 

8.         Prior to commencing any site improvements, and no later than 60-days after the Board of County Commissioner approval of the special review, the applicant shall dedicate an additional 14-foot utility easement along Monroe Avenue to be prepared by a licensed surveyor and submitted to the Planning Department for recordation.

 

9.         Prior to commencing any site improvements, and no later than 60-days after the Board of County Commissioner approval of the special review, the applicant shall obtain a Development Construction Permit ($400) from the Engineering Department for the parking lot improvements shown on the approved plans.

 

5.         WALTERS SUBDIVISION PRELIMINARY PLAT, FILE #08-S2780:  This is a request for a Preliminary Plat Review to divide 13.71-acres into 2 lots for single-family residential use. The 13.71-acres is currently Lot 1 of the Walters Minor Land Development (MLD), which was approved in 2005.

 

Staff recommends approval of the Walters Subdivision Preliminary Plat, file #08-S2780, subject to the following conditions:

 

1.         The following utility easements shall be shown upon the final plat: 1) Front Lot Line: 15-feet-wide; 2) Side Lot Lines: 5-feet-wide; and 3) Rear Lot Lines: 10-feet-wide. 

 

2.         The final plat of the Walters Subdivision shall be consistent with the information contained in the file, #08-S2780, or as modified by conditions of approval.

 

3.         The following fees shall be collected at the time of building permit for new single-family dwellings: the Thompson R2-J School District fees in lieu of dedication, the Larimer County Capital Transportation Expansion fee, and the Larimer County Park Fee in lieu of dedication.  The fee amounts that are current at the time building permit application shall apply.

 

4.         For the access improvements to Lot 2, and for any other work within the County Road right-of-way, the county engineer’s office will require an Access or Right-of-Way Construction Permit.

 

5.         Before construction, the applicant must also contact the county engineering department and obtain a Development Construction Permit.

 

6.         The applicant shall sign a Final Development Agreement, to be prepared by staff and approved by the County Attorney, which details in standard language the conditions of approval and other important information related to the Subdivision.

 

7.         The applicant shall sign a Final Disclosure Notice for approval by the county to be recorded with the final plat. This notice will provide information to all lot owners of the conditions of approval and special costs or fees associated with the approval of this project. The notice must include, but is not limited to, all issues related to rural development; the requirement for engineered footings and foundations and the requirement for passive radon mitigation. Other items raised in the review, or related to compliance with the Larimer County Land Use Code, may also be included.

 

8.         The final plat will show an additional 20-feet of road right-of-way (ROW) to be dedicated along the entire length of the site adjoining County Road 18 on its north side. The ROW dedication will be exclusive of any easements previously conditioned for the provision for a 15-foot utility easement.

 

9.         The new lot will be restricted from having any basement construction due to the high ground water found on the site. 

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Consent Agenda for February 2, 2009.

 

Motion carried 2-0.

 

There being no further business, the hearing recessed at 3:05 p.m.

 

LAND USE HEARING

 

The Board of County Commissioners reconvened at 6:30 p.m. with Matt Lafferty, Principal Planner. Chair Rennels presided and Commissioners Donnelly and Johnson were present. Also present were:  Doug Ryan, Environmental Health Department; Rob Helmick, Planning Department; Jeanine Haag, Assistant County Attorney; and Melissa Lohry, Deputy Clerk.

 

Chair Rennels opened the hearing and asked for public comment on the County Budget or Land Use Code. No one from the audience addressed the Board regarding either of these topics.

 

1.         PROSPECT MOUNTAIN WATER DISTRICT SERVICE PLAN, FILE #08-G0156:  This is a request for approval of a service plan for formation of a special district for domestic water service. The purpose of the proposed district is to fund and maintain the conversion of an existing private water company.

 

The applicant for this proposal is the Prospect Mountain Water Company. The company has been in existence since the early 1960’s and currently provides water service to properties in the Koral Heights Subdivision, Venner Ranch Estates Subdivision, Little Prospect Subdivision, and unsubdivided properties above the “blue line” of the Town of Estes Park. Historically, raw water has been provided through the purchase or lease of water from the United States Bureau of Reclamation, whose facilities are associated with the Colorado Big Thompson (CBT) project and are immediately adjacent to the area served.

 

Due to a variety of circumstances, this privately owned company began exploring options, administrative and organizational, to address the concern of property owners and the Public Utilities Commission. These issues have come to light through the increased need for upgrades to the water treatment facilities. A new treatment plant was purchased recently, which has raised some costs of service and the concerns of the owners in the district service area. Further complicating the issue, is the fact that the current water contract is only good thru 2012, and there is not a firm commitment to renew. 

 

The service plan for the proposed Prospect Mountain Water District was presented to the Larimer County Planning Commission at their meeting on December 17, 2008.  This hearing was held after several tabling requests, from the applicant and staff, to allow for documents and information to be improved. At that time, there was significant discussion regarding the plan, the options proposed by the applicant, and the manner in which water would be supplied to the district in the future.

 

In evaluating information provided by the applicant, it is reasonably clear that the Prospect Mountain Water Company wishes to proceed with a two option proposal that essentially would elect and empower a new water board for the district, to determine which service was the best for the land owners of the district. This plan could move forward, except that it does not appear that the future of the water rights is clear. The plan does not provide for a long term supply in the scenario that utilizes the CBT rights currently available, nor does it provide for a dollar amount to be set aside for the permanent acquisition of the rights or any other rights which could be used in the treatment plant.

 

An additional concern with the proposal that uses the treatment plant and water rights, is that the transfer or lease of water does not anticipate possible growth, including the reservation of the 20 taps for the land owner, much less the need for additional water for the 56 other possible taps. Unless the service plan is further modified to reflect the needed water rights and establishes a fund to acquire water rights longer than the 10 years proposed, staff will not recommend any plan beyond that which proposes to connect to the Town of Estes Park on a long term, bulk water agreement. 

 

The Special District Service Plan Review Resolution and Colorado State law provide for notice of the Board of County Commissioners hearing to allow for property owners to request exclusion from the district, if present, the Board must act on these requests at the hearing. However, there have been no exclusion requests received within the required deadline.

 

Staff recommends that the Board of County Commissioners approve the Prospect Mountain Water District Service Plan, file #08-G0156, subject to the following conditions:

 

1.         There shall be no bonded indebtedness.

 

2.         Any rate increase beyond that necessary to service the loans and normal operating costs shall be considered a material modification of the service plan requiring further review.

 

3.         The service plan and accompanying documents shall be modified to reflect water service to the district and shall be provided through the establishment of a long term service contract with the Town of Estes Park allowing connection to the town’s system for the delivery of bulk treated water.

 

4.         The service plan shall be further modified to insure that all un-served properties may obtain service from the district and that the district shall adopt appropriate rules regarding connection to the district system.

 

Chair Rennels opened the hearing to the applicant.  Roger Clark, attorney; John Heron, President; Frank Huffman, Maintenance and Operations Specialist; and Bob Lawrence, Certified Public Accountant all addressed the Board on behalf of Prospect Mountain Water Company.  Mr. Clark explained that the creation of a district is desired to take over the operations of the business. Mr. Huffman spoke to the great shape of the water delivery system, the upgrades made to the system three years ago, and Mr. Lawrence addressed the financial state of the company.

 

Chair Rennels opened the hearing to the public. John Wise, Ken and Kathleen Lindeman, Howard Lipke, Jerry Elley, Dave Britton, and Larry Frederick, all residents within the proposed district, addressed the Board. These residents expressed concern over the state of the system, the quality of water they receive, and the lack of communication from the company.

 

There was some discussion between the Board, residents, and Prospect Mountain Water Company about the request for twenty water taps to be given to the company after the formation of the district. There was also discussion about the moratorium placed on new taps in the service area.

 

After further discussion the Board stated they were uncomfortable making a decision until the system had been inspected by an independent engineer and water quality tests had been conducted. The Board also recognized the need for communication and education from the company to the effected residents.

 

Commissioner Johnson stated that he would like to see a service plan, that customers (residents) understand and feel reasonably comfortable with, before he makes a decision on the formation of a district.

 

Staff and the Board agreed the proposed service plan should be revised to include a reserve fund for maintenance of the system, a reserve fund for the purchase of water rights, and detailed transitional funding.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners table the Prospect Mountain Water District Service Plan, file #08-G0156, until April 13, 2009, at 6:30 p.m.

 

Motion carried 3-0.

 

There being no further business, the hearing adjourned at 9:00 p.m.

 

 

TUESDAY, February 3, 2009

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Frank Lancaster, County Manager. Chair Rennels presided and Commissioners Donnelly and Johnson were present. Also present were: Donna Hart and Deni LaRue, Commissioners’ Office; Jeannine Haag, Assistant County Attorney; and Melissa Lohry, Deputy Clerk.

 

1.         PUBLIC COMMENT:  Tom Bender addressed the Board and voiced his support for the Resolution Opposing HR1-2009, The American Recovery and Reinvestment Act. Mr. Bender stated he was against the stimulus package as it has been proposed to Congress.

 

Dolores Williams and Irma Woollen addressed the Board in opposition to the Resolution Opposing HR1-2009, The American Recovery and Reinvestment Act. Both stated they support the stimulus package proposed to Congress. Both cited a need to address the loss of employment and housing, as well as road and bridge maintenance within the county.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF JANUARY 26, 2009:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of January 26, 2009.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEKS OF FEBRUARY 9, 2009, AND FEBRUARY 16, 2009:  Ms. Hart reviewed the upcoming schedules with the Board.

 

4.         CONSENT AGENDA:

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda as published.

 

Motion carried 3-0.   

 

02032009A001           FIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND TRISTAR RISK MANAGEMENT

 

02032009A002           EQUITABLE SHARING AGREEMENT AND CERTIFICATION

 

02032009A003           DEPARTMENT OF PUBLIC WORKS CONTRACT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND FLATIRON CONSTRUCTORS, INC. – PROJECT NO. 267; REHABILITATION OF BRIDGE NO. 69B-S0.1-S66 OVER THE BIG THOMPSON RIVER

 

02032009R001           FINDINGS AND RESOLUTION APPROVING THE NAGEL MINOR SPECIAL REVIEW

 

02032009R002           FINDINGS AND RESOLUTION APPROVING THE VACATION OF AN ACCESS EASEMENT IN THE BRUCE PORTER EXEMPTION

 

02032009R003           FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT OF LOTS 8, 9, AND 10, IN THE RETREAT SUBDIVISION 4TH FILING AND VACATION OF UTILITY EASEMENT

 

02032009R004           A RESOLUTION SETTING SHERIFF’S FEES FOR RECORD SEARCHES, COPYING, AND FINGERPRINTING

 

02032009R005           RESOLUTION APPROVING THE POUDRE VALLEY FIRE PROTECTION DISTRICT 2006 INTERNATIONAL FIRE CODE AND AMENDMENTS

 

MISCELLANEOUS: Public Trustee’s Third Quarter Report; Treasurer’s Six Month Report.

 

LIQUOR LICENSES:           The following licenses were approved and issued: A Hunt Club – Tavern – Fort Collins.

 

Motion carried 3-0.

 

5.         2009 FORT COLLINS CINCO DE MAYO FIESTA:  Mr. Lancaster presented the Board with a request for funding from the 2009 Cinco De Mayo Committee. In the past, the Board has helped sponsor the event, in the amount of $1,000, as well as hosting a booth with representatives from Larimer County, Health and Human Services, and the Workforce Center.

 

The Board agreed to support the celebration in the form of a $1,000 donation, from the Commissioners’ Special Projects Fund, and by hosting a booth.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve $1,000 financial support for the Fort Collins Cinco De Mayo Celebration.

 

Motion carried 3-0.

 

6.         RESOLUTION OF OPPOSING HR1-2009, THE AMERICAN RECOVERY AND REINVESTMENT ACT:  Commissioner Johnson presented a resolution that he crafted to voice the county’s opposition to HR1-2009, The American Recovery and Reinvestment Act. Commissioner Johnson stated that he is against the bill as it is currently written; however, he does feel something should be done to boost the economy.

 

Commissioner Donnelly agreed and voiced his opposition to some of the programs to be funded by the bill as it is currently scripted.

 

Chair Rennels agreed with Commissioner Donnelly; however, she felt the resolution should be more direct in stating the desires of the local economy. She requested the resolution be amended to include tighter parameters on spending, more road infrastructure repair, and less special interest funding.

 

Commissioner Johnson agreed and suggested the resolution be revised to address and encourage bipartisan work, resolution of home ownership issues, infrastructure public improvements, immediate healthcare needs, and narrow tax cuts to stimulate small businesses and job creation.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Resolution of Opposing HR1-2009, The American Recovery and Reinvestment Act, as amended.

 

Motion carried 3-0.

 

02032009R006           RESOLUTION OF OPPOSING HR1-2009, THE AMERICAN RECOVERY AND REINVESTMENT ACT

 

7.         LEGISLATIVE UPDATE:  Mr. Lancaster updated the Board on pending legislative items that affect the county.

 

8.         WORKSESSION:  Ms. Hart addressed the Board and requested approval to purchase discounted admissions tickets from Elitch Gardens in lieu of a county picnic. Ms. Hart explained that in the past, due to the number of employees, the county has elected to purchase 500 tickets from Elitch Gardens at $19.00 per ticket. The tickets are then resold to county employees at $13.00 per ticket. The $6.00 per ticket not paid by employees has typically been taken from the Commissioners’ Special Project Fund.

 

The Board gave Ms. Hart their approval to purchase the tickets.

 

9.         COMMISSIONER ACTIVITY REPORTS:  The Board discussed events they attended during the previous week.

 

10.       LEGAL MATTERS:  Ms. Haag addressed the Board and informed them that, as is the case with any new Board, some applications that have previously been denied have been resubmitted, in hopes of approval from the new Board. Ms. Haag explained that unless applications are drastically changed, items that have previously been denied cannot be resubmitted and will be denied by staff.

 

Ms. Haag requested the Board go into Executive Session for the purpose of receiving legal advice on specific legal questions. (Affidavit Provided)

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners go into Executive Session to receive legal advice on specific legal questions, pursuant to 24-6-402(4)(b) C.R.S.

 

Motion carried 3-0.

 

The Board came out of executive session and Ms. Haag presented a letter from W.O.L.F. requesting an extension on the original deadline to retain extra animals, which was January 30, 2009.

 

Chair Rennels stated she was uncomfortable extending the original deadline because the request did not indicate a new deadline. Therefore, she felt that by granting an exception this time, the Board would be forced to grant further exceptions in the future.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners adhere to W.O.L.F.’s original deadline, January 30, 2009, for retaining additional animals.

 

Motion carried 3-0.

 

Mr. Lancaster requested the Board go into Executive Session to determine matters that may subject to negotiations, developing strategy for negotiations, and instructing negotiators.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners go into Executive Session to determine matters that may be subject to negotiations, developing strategy for negotiations, and instructing negotiators 24-6-402(4)(e).

 

Motion carried 3-0.

 

There being no further business, the meeting adjourned at 12:00 p.m.

 

 

 

 

________________________________

                                    KATHAY C. RENNELS, CHAIR

BOARD OF COUNTYCOMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

­­­______________________________________

Melissa E. Lohry, Deputy Clerk

 

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