> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 06/22/09  

 

 

 

 

 

 

 

 

 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, June 22, 2009

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Rennels presided and Commissioners Donnelly and Johnson were present. Also present were: Eric Tracy, Engineering Department; Doug Ryan, Environmental Health Department; Jill Bennett, Karin Madson, Candace Phippen, and Larry Timm, Planning Department; David Ayraud, Senior 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 and Land Use Code. No one from the audience addressed the Board regarding these topics.

 

Chair Rennels noted for the record that a mis-publication of changes has resulted in an improper public notification, disallowing the Board of County Commissioners to proceed with the 2nd reading of the Larimer County Animal Control Ordinance as listed on today’s agenda. Therefore, today’s reading will be an additional 1st reading to state the changes made to the amendment since the original reading on June 1, 2009.

 

Chair Rennels explained that the following item was on the consent agenda and would not be discussed unless requested by the Board, staff, or members of the audience:

 

1.         CARVER SUBDIVISION LOTS 6 AND 7 AMENDED PLAT AND LOT SIZE APPEAL, FILE #09-S2883:   This is a request to amend the plat of the Carver Subdivision in order to adjust the lot line between Lots 6 and 7. This request includes a lot size appeal to decrease the size of Lot 7 from 16,557-square-feet to 11,533-square-feet to accommodate an existing structure. The minimum lot size for this zoning district is 10-acres.

 

The proposed plat amendment to the Carver Subdivision will not adversely affect any neighboring properties or any county agency, nor will the amendment result in any additional lots. Staff has found that the request meets the requirements of the Larimer County Land Use Code and recommends approval of the Amended Plat of Lots 6 & 7, Carver Subdivision and a Lot Size Appeal, file #09-S2883, subject to the following conditions (and authorization for the chairperson to sign the plat when the conditions are met and the plat is presented for signature):

 

1.         The final plat shall be recorded by December 22, 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 Larimer County Assessor.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Consent Agenda as published.

 

Motion carried 3-0.

 

2.         LAND USE CODE AMENDMENTS REGARDING APIARY, FILE #09-CA0095: This is a request from the Planning Commission to amend the Larimer County Land Use Code, Section 4.3.1.I, as follows (Text to be deleted is crossed out, text to be added is underlined):

 

Section 4.3.1.  Agricultural uses.

 

I. Apiary.  An assembly of one or more colonies of bees at a single location. An apiary must meet the following standards: 

 

1. Hives. All bee colonies shall be kept in removable frame Langstroth type hives with removable frames, which shall be kept in sound and usable condition. 

 

2. Fencing of flyways. In each instance in which any colony is situated within 25 feet of a public or private property line of the lot upon which the apiary is situated, as measured from the nearest point on the hive to the property line, the beekeeper must establish and maintain a flyway barrier at least six feet in height consisting of a solid wall, fence, dense vegetation or combination thereof that is parallel to the property line and extends ten feet beyond the colony in each direction so that all bees are forced to fly at an elevation of at least six feet above ground level over the property lines in the vicinity of the apiary.

 

3 2Water. Each beekeeper must ensure that a convenient source of water is available at all times to the bees. so that the bees will not congregate at swimming pools, bibcocks, pet water bowls, birdbaths or other water sources where they may cause human, bird or domestic pet contact.

 

 

4 3General Maintenance. Each beekeeper must ensure that no bee comb or other materials that might encourage robbing are left upon the grounds of the apiary site. Upon their removal from the hive, all such materials must be promptly disposed of in a sealed container or placed within a building or other bee-proof enclosure.  There shall be no outdoor storage of any beekeeping or hive materials that are not being used as part of a hive.

 

5 4Queens. In any instance in which a colony exhibits unusually aggressive characteristics by stinging or attempting to sting without due provocation or exhibits an unusual disposition towards swarming, it shall be the duty of the beekeeper to requeen the colony. Queens must be selected from stock bred for gentleness and nonswarming characteristics.

 

6 5 . Colony densities.

a. No more than the following number of colonies may be kept on any lot, based upon the size or configuration of the lot on which the apiary is situated:

1. One-quarter acre or less lot size - two colonies;

2. More than one-quarter acre to one-half acre lot size - four colonies;

3. More than one-half acre to one acre lot size - six colonies;

4. More than one acre or larger lot size - eight colonies; and

5. Regardless of lot size, where all hives are situated at least 200 feet in any direction from all property lines of the lot on which the apiary is situated, there shall be no limit to the number of colonies.

1. On lots of 15,000 square feet or less – four colonies are allowed.

2. On lots of more than 15,000 square feet – two additional colonies are allowed for each 7,500 square feet in excess of 15,000 square feet.

 

b. For each two (2) colonies authorized  allowed under the colony densities, subsection (a) above, there may be maintained upon the same lot one eight temporary nucleus colony colonies.  The in a hive structure shall not exceeding one standard nine and five-eighths inch depth ten frame hive body with no honey super(s) attached as required from time to time for management of swarms and for rearing of queens. Each such temporary nucleus colony must be disposed of or combined with an authorized colony within 30 days after the date it is acquired.

 

c. An apiary consisting of more than 75 colonies must maintain a distance of at least 200-feet from any property line.

 

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Land Use Code Amendments regarding Apiary, file #09-CA0095.

 

Motion carried 3-0.

 

3.         LAND USE CODE AMENDMENTS REGARDING HOUSEKEEPING ITEMS, FILE #09-CA0096:   This is a request from the Planning Commission to amend the Larimer County Land Use Code, Sections 4.3.9.B, 4.3.9.C, 4.3.10.F, 4.3.10.L.3, 4.6.3.B, 4.7.3.F, 8.01, 12.2.7, and 5.13.4.G, as follows (text to be deleted is crossed out, text to be added is underlined):

 

Section 4.3.9 

 

B. Fireworks stands.  Temporary fireworks stands are allowed in the B-Business, C-Commercial, I-Industrial and I-1 Industrial zoning districts from June 16 to July 5. A setback and use permit issued by the building department is required for each temporary fireworks stand. 

 

C. Christmas tree stands.  Temporary Christmas tree stands are allowed in the B-Business, C-Commercial, I-Industrial and I-1 Industrial zoning districts from the day after Thanksgiving to the day after Christmas. A setback and use permit issued by the building department is required for each temporary Christmas tree stand. 

 

Section 4.3.10

 

F. Accessory living area.  Finished habitable space in a single-family dwelling or in a detached building that is clearly accessory to the single-family dwelling. Accessory living area may contain a complete dwelling living unit. 

 

Section 4.3.10.L.3

 

3. The hub height of the wind generator must not exceed 40 feet.  The height of a vertical axis turbine is measured at the top of the generator.

 

Section 4.6.3.B

B.   The special circumstances, condition or situation is are not the result of actions or inactions by the applicant or the current owner;

 

Section 4.7.3.F

 

F. There is reasonable justification for the use being at the proposed location rather than in a municipality, county approved growth management area, or where zoning would allow the use by right or by special review;

 

Section 8.01

           

Other governmental entities such as cities, town and special districts, may have ordinances, resolutions or regulations that apply to development, zoning or other processes.  The county’s reference to these ordinances, resolutions or regulations or the county’s requirement that applicants comply with them does not obligate the county to enforce such ordinances, resolutions or regulations by withholding building permits or through other legal processes.

 

Section 12.2.7

           

E.  Resubmittal of an application.   

A development application denied by the county commissioners may be resubmitted only if the applicant makes significant changes to address the reasons stated for the denial. The planning director will determine if the changes are sufficient to allow a resubmittal. The decision of the planning director can be appealed to the county commissioners.

 

Section 5.13.4.G

           

G. Resubmittal of an application.   

1. A preliminary plat application denied by the county commissioners may be resubmitted only if the applicant makes significant changes to address the reasons stated for the denial. The planning director will determine if the changes are sufficient to allow a resubmittal. The decision of the planning director can be appealed to the county commissioners.

 

2. Any preliminary plat application may be resubmitted without changes more than 12 months after a county commissioner denial.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Land Use Code Amendments Regarding Housekeeping Items, file #09-CA0096, Larimer County Land Use Code, Sections 4.3.9.B, 4.3.9.C, 4.3.10.F,  4.3.10.L.3, 4.6.3.B, 4.7.3.F, 8.01, 12.2.7, and 5.13.4.G.

 

Motion carried 3-0.

 

4.         AMENDMENTS TO THE LARIMER COUNTY ANIMAL CONTROL ORDINANCE, 1st READING:   As noted above, this is to be considered an additional 1st reading of the proposed amendments to the Larimer County Animal Control Ordinance. This reading is designed to illustrate the changes made to the proposal since the original reading on June 1, 2009.

 

The proposed amendments are as follows:  (text to be deleted is crossed out and text to be added is underlined)

 

Section 6-1.  Definitions.

 

Pet animal  means any animal owned or kept by a person for companionship or protection or for sale to others for such purposes.  Means dogs, cats, rabbits, guinea pigs, hamsters, mice, ferrets, birds, fish, reptiles, amphibians, and invertebrates or any other species of wild or domestic or hybrid animal, except livestock, sold, transferred or retained for the purposes of being kept as a household pet.  Pet animal includes dogs and cats kept for working purposes on a farm or ranch.

 

ARTICLE IV.  CONTROL OF ANIMALS



Section 6-77.  Disturbance of the peace and quiet prohibited.

 

Each owner or keeper of a pet animal in the county shall not permit such pet animal to disturb the peace and quiet of any person by barking, whining, howling, yowling or making any other noise in an excessive, on-going, or untimely fashion. If any pet animal does so disturb the peace and quiet, its owner or keeper shall be deemed guilty of a violation of this section, may be prosecuted as provided in the Larimer County Noise Ordinance provided that such owner or keeper shall not be so charged with a violation of this section unless they, or a member of their household over the age of 18 years, has received a written warning from an animal control officer of a previous complaint at least once within the preceding 12 months. This section shall not apply to dogs located in a kennel, pet animal facility, as defined in the Larimer County Comprehensive Zoning Resolution Land Use Code, which if required to be licensed, has been validly licensed pursuant to the Pet Animal Care and Facilities Act, C.R.S. § 35-80-101, et seq. or other applicable law and which facility is allowed as a use by right or has been approved for use as a kennel by special review or minor special review by the Larimer County Board of County Commissioners so long as the pet animal facility is operated in accordance with the conditions of the special review or minor special review approval.

 

(Res. No. 111220020001, § IV(B), 10-10-2002)

 

Section 6-80.  Improper care or treatment prohibited:

 

(a) No owner or keeper of a pet animal shall fail to provide that pet animal with sufficient, good, and wholesome food and water, proper shelter and protection from the weather, veterinary care, when necessary, and such other care as is customary and necessary for the pet animal's health and well-being, considering the species, breed, and type of animal.

 

(b) No person shall beat, cruelly ill-treat, torment, overload, overwork, or torment, overload, overwork, otherwise abuse or needlessly kill a pet animal, or cause, instigate, or permit any dogfight, cockfight, bullfight, or other combat between pet animals or between pet animals and humans, nor shall any person transport or confine a pet animal in or upon any vehicle in such a manner as to endanger the animal's health or life.

 

(c) No owner or keeper of a pet animal shall abandon such pet animal.

 

(d)   A person may not restrain a dog by a fixed point chain or tether for a period of time or under conditions that an animal control officer or animal cruelty investigator deems harmful or potentially harmful to the animal.

 

Examples of improper chaining or tethering include, but are not limited to, the following:

 

(1)   Using a chain or tether made of rope, twine, cord, or similar material.

 

(2)   Using a chain or tether that is less than 10-feet in length and/or does not have swivels on both ends. All chains or tethers must be attached to the animal by means of a properly fitting harness or collar of not less than one inch in width. A person may not wrap a chain or tether around a dog’s neck.

 

(3)   Using a chain or tether that is too heavy or too big for the size and weight of the animal so that the animal is prohibited from moving about freely.

 

(4)   Allowing an animal to be chained or tethered such that the animal is not confined to the owner’s property or such that the chain or tether can become entangled and prevent the animal from moving about freely, lying down comfortably, or having access to adequate food, water, and shelter.

 

(5)  Using a chain as a primary collar. All collars used for the purpose of chaining or tethering an animal must be made of nylon, cotton, leather, or similar material.

 

(Res. No. 111220020001, § IV(E), 10-10-2002)


Section 6-84.  Neighborhood request for stricter controls.

 

(a) Upon receipt of a written request setting forth the legal description of a proposed "stricter animal control area" signed by a majority of persons who certify that they own real property or reside within the boundaries of the proposed "stricter animal control area," which proposed "stricter animal control area" has an average population density of not less than 100-persons per square mile, the board of county commissioners may designate, in its discretion, a stricter animal control area in which:

 

(1) The definition of "at large" will be modified to provide that a dog must be physically controlled by a human being by means of a leash or lead held by a human being or must be confined by means of a fence or other enclosure which restrains the animal to the owner's or keeper's real property or other real property that the owner or keeper has permission to use; and/or

 

(2) Such other restrictions as may be requested.

 

(3) Fences which are intended as enclosures for any animal shall be securely constructed, adequate for the purpose and kept in good repair.

 

(b) A "stricter animal control area" may be designated by the board of county commissioners by amendment to this chapter following the procedures for adoption set forth in Part 4 of Article 15 of Title 30, Colorado Revised Statutes.

 

The Board took no action on this item. The 2nd reading of the amended ordinance is scheduled for July 20, 2009, at 3:00 p.m.

 

5.         LAND USE CODE AMENDMENTS REGARDING RED FEATHER LAKES BUSINESS ZONE, FILE #09-CA0093:   This is a request from the Planning Commission to make changes to the adopted Land Use Code to Sec. 4.1.23.A RFLB-Red Feather Lakes Business Zoning District, to allow trade use as a special review use; also related housekeeping amendments to Sections 4.1.18.A, 4.3.7.B.1 and the zoning table. The proposed changes are as follows (text to be deleted is crossed out, text to be added is underlined):

 

Sec. 4.1.23 RFLB-Red Feather Lakes Business.

A.  Principal uses:

25.  Trade use (S)

 

Sec. 4.1.18 C-Commercial.

A. Principal uses:

34. Trade use (R) (R/S)-See section 4.3

 

Sec. 4.3.7.B.   Trade use.  A business or occupation requiring specialized training in a manual or mechanical skill, including but not limited to carpentry, plumbing, sheet metal, electrical, auto repair, heating, ventilation and air conditioning, furniture upholstery, and machine shops. A trade use with accessory outdoor commercial storage requires approval through the special review process in the AP-Airport and RFLB-Red Feather Lakes Business zoning districts.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Land Use Code Amendments Regarding Housekeeping Items, file #09-CA0096, Larimer County Land Use Code, Sections 4.3.9.C, 4.3.10.F,  4.3.10.L.3, 4.6.3.B, 4.7.3.F, 12.2.7, and 5.13.4.G.

 

Motion carried 3-0.

 

There being no further business, the hearing adjourned at 4:00 p.m.

 

 

MONDAY, JUNE 23, 2009

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager. Chair Rennels presided and Commissioners Donnelly and Johnson were present. Also present were:  Donna Hart and Deni LaRue, Commissioners’ Office; Michael Kirk, Facilities and Information Technology Department; Pam Stultz and Lorenda Volkner, Human Resources; Candace Phippen and Sean Wheeler, Planning Department; Dale Miller, Road and Bridge Department; Major Justin Smith, Sheriff’s Office; George Haas, County Attorney; and Melissa Lohry, Deputy Clerk.

 

1.         PUBLIC COMMENT:   Judy Boyle, President of the Highland Farms Home Owners’ Association addressed the Board to discuss the county’s use of a private irrigation ditch to deliver water to The Ranch.  Ms. Boyle stated that the home owners’ association and the county have been in discussion for years trying to generate an easement and agreement for the use of a private ditch.  Ms. Boyle asked the Board to advise the County Attorney to offer a fair and equitable agreement at the meeting on June 25, 2009, so that the process does not drag out any longer than it already has.

 

Chair Rennels assured Ms. Boyle that the Board would commit to trying to find a solution to the problem and encourage a speedy resolution.

 

Al Byrnes addressed the Board to discuss the removal of a real estate sign he placed on the corner of his street.  Mr. Byrnes explained that he placed the sign on the corner of Edith Drive, in Cushmans Lakeview Development, one evening and the next morning it had been removed.  The next day, Mr. Byrnes’ real estate agent received an email from Larimer County explaining the sign had been removed and informing the agent where it could be retrieved.

 

Mr. Byrnes explained that the main portion of his frustration lies in the fact that there are other, similar signs in the area that have not been removed. To prevent this problem, he suggested a program, run by the county, in which a sticker could be purchased and placed on the back of a sign, permitting it to be placed alongside the road for a designated period of time.

 

Mr. Miller stated that it is county policy to notify a real estate agent about any sign complaints received. One week after notification, the department notifies the agent again, and if the sign is not removed within three days of the second notification, the county removes the sign and informs the agent where it can be picked up.

 

Mr. Miller stated that since the sign Mr. Byrnes’s sign was removed almost immediately, he does not believe this was done by the county; however, he will look into the matter.  

 

The Board also voiced their interest in implementing a sticker program like the one suggested by Mr. Byrnes.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF JUNE 15, 2009:

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the minutes for the week of June 15, 2009.

 

Motion carried 3-0.

 

3.  REVIEW OF THE SCHEDULE FOR THE WEEK OF JUNE 22, 2009:   Ms. Hart reviewed the upcoming schedule with the Board.

 

4.         DISCUSSION REGARDING TOWN OF BERTHOUD INCLUSION IN THE AIMS JUNIOR COLLEGE TAX DISTRICT:   Dr. Marsi Liddell, President of Aims Junior College, informed the Board of the new Aims campus planned for completion between 2011 and 2013, in the town of Berthoud.  Dr. Liddell explained that following Aims’ announcement of these plans, the citizens of Berthoud requested to be included in the college’s tax district in an effort to receive which would result in decreased tuition rates for residents. 

 

To address this request, Aims and the Town of Berthoud will host a citizens meeting this evening. The meeting is intended to answer questions and raise support for the 6.299 mils that would be assessed to Berthoud residents, if annexed.  Dr. Liddell stated that the college is planning to place the proposed annexation on the November 2009 ballot.

 

Dr. Liddell did not request any action from the Board; she only wished to inform them of the events. The Board thanked Dr. Liddell for her time and voiced their support for the college.

 

5.         CONSENT AGENDA:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Consent Agenda for June 23, 2009.

 

PETITIONS FOR ABATEMENT:   As proposed by the County Assessor, the following Petitions for Abatement were presented for approval:  David and Jennifer Viegut; T and H Investments LLC.

 

06232009A001           LARIMER COUNTY HOUSE BILL 1451 PLAN MEMORANDUM OF UNDERSTANDING PURSUANT TO HOUSE BILL 04-1451 BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE LARIMER COUNTY INTERAGENCY OVERSITE GROUP

 

06232009A002           LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ANTONIOS AND EVANGELIA KATOPODIS

 

MISCELLANEOUS:            Signatory Authority and Delegation of Signatory Authority for Emergency Services Grant Contract with Colorado Division of Housing.

 

LIQUOR LICENSES:         The following liquor licenses were approved and/or issued:  Supermarket Liquors – Retail Liquor Store – Fort Collins; Ram’s Horn & Colorado State University – Hotel and Restaurant – Fort Collins; Rocky Mountain Gateway #1 – Hotel and Restaurant – Estes Park; Rocky Mountain Gateway #2 – 3.2% – Estes Park; Larimer Center for Mental Health / Namaqua Center – Special Event 3.2% – Loveland; Elks Lodge #804 BPOE – Club Liquor License – Fort Collins.

 

Motion carried 3-0.

 

6.         BE LOCAL NORTHERN COLORADO:   Gailmarie Kimmel and Hill Grimmett, Co-Directors of Be Local Northern Colorado, addressed the Board to request sponsorship of Be Local Northern Colorado’s 4th edition coupon book. The book features coupons to local stores and restaurants and is aimed at encouraging Northern Colorado residents to shop locally. The book also contains a map of Northern Colorado food producers and the venues that sell or serve food from these producers.

 

Last year, the Board sponsored the book in the amount of $1200. This year, Be Local is requesting a sponsorship of $2,000 from the Board. A sponsorship would result in the county’s logo being placed on inside front cover of the coupon book, on other promotional items, and a donation of 500 books to the Board.

 

Commissioner Johnson stated that due to the poor economic climate, he was not comfortable spending such a large amount of tax dollars in this manner.

 

Last year, the Board gave the coupon books away as gifts to the county’s boards and commissions. Chair Rennels support for sponsorship for the same amount as last year.

 

Ms. LaRue came forward and said that since the sponsorship would result in multiple advertising opportunities, she could use $600 of her advertising budget to reduce the amount of money required by the Board. Commissioners Donnelly and Johnson stated they would support a donation of $600 from the Commissioners’ Special Projects Fund.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve sponsoring the 4th edition of the Be Local Northern Colorado coupon book at the $1200 sponsorship level, with $600 from Ms. LaRue’s advertising fund and $600 from the Commissioners’ Special Projects Fund.

 

Motion carried 3-0.

 

7.         HEALTH CLINIC:   Mr. Kirk, Ms. Stultz, and Ms. Volkner addressed the Board along with Eric Rosales from Hays Companies, (the county’s risk management, insurance, and employee benefits consulting firm) and Tami Damiani from Healthstat, Inc. to request the Board’s approval of the implementation of an employee health clinic.

 

If approved, the county would contract through Healthstat, Inc. to staff, maintain, and monitor the clinic, (to be located at 2310 East Prospect Road, Unit D, in Fort Collins, Colorado) on behalf of the county. The voluntary clinic would be available for use by county employees and their dependents enrolled in the county’s medical insurance plan.

 

Commissioner Donnelly raised some questions about the sharing of employee’s health information with the third party vendor, Hays Companies.  Ms. Damiani assured the Board that the information shared would be done so in a de-identified format, compliant with HIPAA requirements. She further explained that the information to be shared is the same as the information shared between all other medical offices and insurance companies. The de-identified information would be analyzed by Hays Companies who would, in turn, generate reports on the number, type, and severity of illnesses/ailments addressed by clinic staff. These reports would assist the county in identifying trends in illnesses/ailments and provide an opportunity to devise and implement better preventative measures.

 

Chair Rennels stated that she also had some concerns about the sharing of the information but after further education, she was very excited about the possibilities for the reports generated.

 

Ms. Volkner explained that the clinic would not be mandatory but if an employee desired to utilize the clinic, he/she will be required to complete a standard medical history questionnaire, like those required by most medical offices. Employees who utilize the clinic would not be charged a co-pay for visits and would be allowed to use “clinic leave” instead of sick leave, to attend the appointment.

 

Commissioner Donnelly inquired about the liability of the county if a suit were to be filed against the clinic.  Mr. Rosales and Ms. Damiani explained that the county would be covered by Healthstat Inc.’s malpractice insurance and, therefore, would be protected against such liabilities.

 

The Board voiced their support for the clinic due to the success and savings of other similar programs in other counties.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the recommendation of Human Resources that an employee health clinic be implemented for use by employees and dependents that are enrolled in the county’s medical insurance plan by approving the following agreements: 1) Health Risk Management Agreement; and 2) Lease Agreement for Property at 2310 E. Prospect Road, Fort Collins, Colorado.

 

Motion carried 3-0.

 

06232009A003           HEALTH RISK MANAGEMENT AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND HEALTHSTAT, INC

 

06232009A004           LEASE AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND C AND C HOLDINGS, LLC

 

8.         LEGISLATIVE ISSUE:   Mr. Gluckman explained that Colorado Counties Inc. (CCI) has solicited the county for potential legislative issues that the Board would like to be discussed during steering committee meetings. Mr. Gluckman proposed the Board recommend two potential legislative items: 1) counties’ lack of authority to require burn permits in areas unregulated by fire districts and their desire to grant the sheriff’s office power to enforce permit requirements; and 2) the lack of authority granted to counties in the negotiation and creation of Urban Renewal Authorities (URA) and Tax Increment Financing (TIF) diversions.

 

Major Smith explained that currently, owners with property located outside of any fire district are required to receive a burn permit from the county before commencing with a burn. However, the county, more directly, the sheriff’s office currently has no power to enforce the requirement or adherence to a permit until a fire becomes out of control. Major Smith stated that likely supporters of the legislation would include counties in forested areas, citizens worried about increased fire danger in areas affected by pine beetles, and the State Fire Chiefs Association.

 

After some discussion amongst the Board and Major Smith, it was determined that a need did exist for further discussion and possible legislation regarding this issue.

 

Mr. Gluckman informed the Board that the county has been requested to address problems encountered by counties during the creation and regulation of URA’s and TIF’s. As these items cause problems for counties across the state, likely supporters are CCI, special districts, and municipalities.

 

The Board swiftly agreed to recommend this item to CCI for further discussion and possible legislation.

 

9.         ASSISTANT COUNTY MANAGER WORKSESSION:   Mr. Gluckman stated he had no further items to discuss with the Board.

 

10.       COMMISSIONER ACTIVITY REPORTS:   The Board reviewed their attendance at events during the previous week.

 

11.       LEGAL MATTERS:   Mr. Haas, Ms. Phippen, and Mr. Wheeler addressed the Board to discuss the request received from Richard Ward, owner of Ward Recycled Products, to screen aggregate on site to prepare it for removal.  Ms. Phippen explained that after last week’s discussion with the Board, she contacted Mr. Ward to receive further detail about his request. Mr. Ward stated he would like approval to screen for up to ten days to prepare aggregate for removal. He also requested approval to exceed the five trip limit implemented by the Board at the hearing on June 1, 2009.

 

After some discussion, Commissioner Johnson stated that he was uncomfortable proceeding in the current manner and suggested the Board require Mr. Ward to submit a formal request and reappear before the Board during a scheduled hearing. Chair Rennels and Commissioner Donnelly strongly agreed. Chair Rennels requested any fees that would normally accompany the process be waived.

 

Commissioner Donnelly instructed staff to notify all attendees of the June 1, 2009, Land Use Hearing, as well as those attendees of the Planning Commission Hearing, of the date and time of the new hearing once it is scheduled.

 

There being no further business, the meeting adjourned at 11:30 a.m.

 

 

 

 

 

 

________________________________

                                    KATHAY C. RENNELS, CHAIR

BOARD OF COUNTYCOMMISSIONERS

 

 

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

­­­______________________________________

Melissa E. Lohry, Deputy Clerk