> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 08/10/09  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, August 10, 2009

 

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Pro-Tem Johnson presided and Commissioner Donnelly was present. Also present were:  Toby Stauffer, Sean Wheeler, and Michael Whitley, Planning Department;  Eric Tracy, Engineering Department; William Ressue, Assistant County Attorney; and Melissa Lohry, Deputy Clerk.

 

Chair Pro-Tem Johnson 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 Pro-Tem Johnson explained that the following items were on the consent agenda and would not be discussed unless requested by the Board, staff, or members of the audience:

 

1.         BUNKER LOT SIZE APPEAL, FILE #09-G0170:   This is a request for approval of a lot size appeal to allow for the creation of 1.46 acre lot in the FA-1 Farming zoning district where the minimum lot size is 2.3 acres. The property owners have requested this lot size appeal due to a split rail fence that has been in place for over 30 years between the subject property and the adjacent property. The owners of both properties assumed the fence was along the common property boundary but it was recently discovered that the fence follows a different angle than the property line; therefore, the owners have proposed a Boundary Line Adjustment to adjust the location of the property line to follow the fence. Because the 1.5-acre parcel would be reduced in size by 931-square-feet, the owner of the property must receive approval of a lot size appeal from the Board of County Commissioners.

 

Staff recommends that the Board of County Commissioners approve the Bunker Lot Size Appeal, file# 09-G0170.

 

2.         RKL MINOR LAND DIVISION, FILE #09-S2892:  This is a request for a Minor Land Division on a 100.23-acre lot to create two separate lots. The subject property is located on the north side of County Road 70, west of Interstate 25. The property owners currently reside in the residence located on proposed Lot 1. The property is irrigated by means of a pivot, which accounts for the proposed configuration of the MLD lots, with Lot 1 located outside of the pivot irrigation area, and the balance of the land, to remain under irrigation and in agricultural production, as Lot 2. 

 

Staff recommends approval of the RKL Minor Land Division, file# 09-S2892, 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.         All conditions of approval shall be met and the final plat recorded by February 10, 2010, or this approval shall be null and void.

 

2.         Prior to the recordation of the final plat, the application shall make the technical corrections required by Dale Greer, Land Surveyor of the Larimer County Engineering Department.

 

3.         The final plat must include the right-of-way dedications as noted in the comments from the Engineering Department in their memo dated June 16, 2009.

 

3.         CRYSTAL LAKES 3RD FILING, LOTS 69 & 71 LOT CONSOLIDATION AND EASEMENT VACATION, FILE #09-S2893:   This is a request for a lot consolidation to combine Lots 69 and 71 of Crystal Lakes 3 rd Filing, in addition to the vacation of a 14-foot utility easement along the common lot line. If approved, the recording instrument for this application will be a Findings and Resolution from the Board of County Commissioners.

 

Staff recommends approval of the Lot Consolidation of Lots 69 & 71 in Crystal Lakes 3rd Filing and Easement Vacation, file #09-S2893, subject to the following conditions:

 

1.         All conditions of approval shall be met and the final resolution of the County Commissioners recorded by February 10, 2010, 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.         HORSETOOTH LAKES ESTATES LOTS 239 & 240 LOT CONSOLIDATION, FILE #09-S2894:   This request is to combine two adjacent lots, Lots 239 and 240, of Horsetooth Lake Estates, into one lot so the primary residence is on one lot.

 

The proposed Lot Consolidation of Lots 239 & 240 in Horsetooth Lake Estates will not adversely affect any neighboring properties or any County agency. The proposed lot consolidation will not result in any additional lots and no other services will be affected.  Staff finds that the request meets the requirements of the Larimer County Land Use Code and recommends approval of the Lot Consolidation of Lots 239 & 240 in Horsetooth Lake Estates, file #09-S2894, subject to the following conditions:

 

1.         All conditions of approval shall be met and the final resolution of the County Commissioners recorded by February 10, 2010, 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.

 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda as published for August 10, 2009.

 

Motion carried 3-0.

 

There being no further business, the hearing adjourned at 3:15 p.m.

 

 

 

TUESDAY, AUGUST 11, 2009

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met with Neil Gluckman, Assistant County Manager. Chair Rennels presided and Commissioners Donnelly and Johnson were present. Also present were:  Bob Keister, Donna Hart, Deni LaRue, and Diane Tokarz, Commissioners’ Office; Dr. Deb Young, and Laurel Kubin, CSU Extension Office; Major Bill Nelson, and Major Justin Smith, Sheriff’s Department; Steve Balderson, Facilities Department; John Gamlin, Human Resources Department; Mark Peterson, Rusty McDaniel, and Kyle Arend, Engineering Department; Lonnie Barrett, Road and Bridge Department; Tamara Slusher, Clerk and Recorder’s Office; Robin Jones, Owner of Mishawaka Inn; Jeannine Haag, and Linda Connors, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

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

 

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF AUGUST 3, 2009:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of August 3, 2009.

 

Motion carried 3-0.

 

3.  REVIEW OF THE SCHEDULE FOR THE WEEK OF AUGUST 17, 2009:

 

Ms. Hart reviewed the upcoming schedule 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 for August 11, 2009, as outlined below:

 

08112009A001           OFFICE ON AGING TITLE III &/OR STATE FUNDING AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY FOR THE USE AND BENEFIT OF THE DEPARTMENT OF HUMAN SERVICES OFFICE ON AGING AND VOLUNTEERS OF AMERICA COLORADO BRANCH

 

08112009A002           OFFICE ON AGING TITLE III &/OR STATE FUNDING AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS FOR THE USE AND BENEFIT OF THE DEPARTMENT OF HUMAN SERVICES OFFICE ON AGING AND MEALS ON WHEELS OF LOVELAND-BERTHOUD, INC.

 

08112009A003           ARCHITECT/ENGINEER SERVICES AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CONSULTING ENGINEERING GROUP

 

08112009A004           CONTRACT AMENDMENT #1 TO ORIGINAL CONTRACT #09CAA00010 – DEPARTMENT OF CORRECTIONS

 

08112009R001           RESOLUTION CALLING AN ELECTION REGARDING LARIMER COUNTY BLUFFS PUBLIC IMPROVEMENT DISTRICT NO. 41

 

08112009R002           RESOLUTION CALLING AN ELECTION REGARDING LARIMER COUNTY BONNELL ACRES PUBLIC IMPROVEMENT DISTRICT NO. 39

 

08112009R003           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOTS 36 AND 55 IN CRYSTAL LAKES SUBDIVISION, 4TH FILING

 

MISCELLANEOUS:  Recommended appointments to Estes Valley Public Library District:  Peter Plaut (unexpired term of B Brown: 1/1/2010 – 12/31/2013) & Sharon Poggenpohl (unexpired term of K Kirkman: 8/11/2009 – 12/31/2012) 

 

LIQUOR LICENSES:  The following licenses were approved and/or issued:  Laurel Dale Hospitality of Colorado dba Dunraven Inn – Hotel and Restaurant – Estes Park; Emery Enterprises LLC dba Horsetooth Market – 3.2% Transfer of Ownership – Fort Collins;  Fort Collins Convention & Visitors Bureau – Special Event 6% - Fort Collins.

 

Motion carried 3-0.

 

5.  BOARD OF EQUALIZATION: 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners convene as the Board of Equalization.

 

Motion carried 3-0.

 

Ms. Slusher presented the referee recommendations for the Board of Equalization for August 4th and 5th 2009, and asked for approval on the same.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the referee recommendations for the Board of Equalization for August 4th and 5th 2009.

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners reconvene as the Board of County Commissioners.

 

Motion carried 3-0.

 

6.  DISCUSSION ON REGIONAL MODEL EXTENSION:    Dr. Young explained that Larimer County will be joining forces with Boulder County and sharing Cooperative Extension expertise across county lines.  She requested the Board’s input regarding future planning and how to structure this effort.  Some discussion ensued and Chair Rennels requested the proposed timeline, so the commissioners can share this at their citizen meetings.  

 

7.  MOVE SHERIFF’S PERSONNEL VACANCY SAVINGS TO OPERATIONS TO COMPLETE PROJECTS:  Major Nelson stated that they have two projects in the Sheriff’s Department that must be completed:  painting and resealing the Detention Center before damage to the building becomes a structural issue; and correct the problems with the door control system with programming changes and new hardware.  Major Nelson requested the use of $200,000 from their $600,000 personnel vacancy savings, in order to complete the projects.  Discussion ensued with the Mr. Keister and Mr. Balderson regarding vacancy savings and building improvement priorities.  Commissioner Donnelly asked whether or not the vendor was responsible for improper programming of the door controls from the beginning.  Major Nelson stated that he was not party to the original agreement with the door control vendor, but that they have negotiated a price reduction with the vendor in order to fix the issues at hand.

 

M O T I O N

Commissioner Johnson moved that the Board of County Commissioners approve moving $200,000 from the Sheriff’s personnel account to operating to complete the door control system and the painting of the Detention Center building projects. 

 

Motion carried 3-0.

 

8.  EXTENSION OF THE CURRENT WAIVER OF COUNTY PERSONNEL POLICY 902 FOR THE SHERIFF’S OFFICE:    Major Smith explained that in February 2007, the Sheriff’s Office requested a two-year waiver of County Personnel Policy 902, which requires all employees to receive an annual performance evaluation, so they could implement a pilot Performance Coaching program designed to mentor, coach and track performance.  Major Smith stated that the program has been implemented for approximately one-year, and he proposed an additional twelve-month extension to allow sufficient time to fully evaluate this program.  Mr. Gamlin stated that Human Resources supports this request and agreed that it would be beneficial to let the program continue for an additional twelve-months, evaluate it, and bring it back to the Board with the findings. 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve extending the waiver of County Personnel Policy 902 for twelve-months to allow the Sheriff’s Office to fully evaluate the effectiveness of its Performance Coaching program and return to the Board of County Commissioners for a decision on an ongoing waiver, returning to compliance with County Personnel Policy 902, or another alternative.

 

Motion carried 3-0.

 

9.  LARIMER COUNTY ROAD 1 PAVING PROJECT:  Mr. McDaniel stated that Larimer County is partnering with Weld County to pave a portion of the Larimer/Weld County line road.  He explained that Larimer County has applied for a DOLA grant to help fund the project; however, the grant will not be awarded until late August, and he provided three options on how to proceed if the grant is not awarded to Larimer County.  Discussion ensued, and the Board was hesitant to commit to any options without knowing what Weld County or Johnstown was willing to contribute.  Mr. McDaniel stated that he would investigate this, and bring the issue back to the Board at the next Administrative Matters meeting

 

 

10.  BOARDS AND COMMISSIONS APPOINTMENTS TO THE ENVIRONMENTAL ADVISORY BOARD:   Ms. Tokarz presented the following recommendations to the Environmental Advisory Board:  

 

Ruben Blanco and Willem Scott, appointed for a 3-year term, beginning August 11, 2009, and expiring June 30, 2010. 

 

Jennifer Lee and William Zawacki, reappointed for a 3-year term beginning August 11, 2009, and expiring June 30, 2010. 

 

Kimberly Karish, filling the unexpired 3-year term of Devin Odell, beginning August 11, 2009, and expiring June 30, 2010. 

 

Ryan McShane, filling the unexpired 3-year term of Mike Erickson, beginning August 11, 2009, and expiring June 30, 2010. 

 

Jarrett Tishmack, filling the unexpired 3-year term of Heidi Steltzer, beginning August 11, 2009, and expiring June 30, 2010. 

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the appointments and reappointments to the Environmental Advisory Board, as outlined above.

 

Motion carried 3-0.

 

11.  ASSISTANT COUNTY MANAGER WORKSESSION:  Mr. Gluckman stated that all departments are looking at cutting their budgets for 2010, and he recommended a reduction in the amount that is allocated to the Commissioners Special Projects Fund.  The Board agreed that reducing this line item seems appropriate giving the current budget circumstances.

 

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

 

13.  LEGAL MATTERS:  Ms. Connors reviewed the findings of the Mishawaka Inn Show Cause Hearing with the Board.  Commissioner Johnson stated that although the owner, Robin Jones, did violate the liquor code by padlocking the gates, he has demonstrated corrective action and a desire to become compliant.  All Board members concurred with this assessment, and the following action was taken:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners find a violation of the liquor code occurred, as set forth in the show cause notice based on the locking of the exit gates on two separate occasions, as well as exceeding the occupancy load on one occasion.  And further move that the sanction for such violation be a suspension of the liquor license for a forty-eight (48) hour period but that such suspension is held in abeyance so long as no further liquor code violations occur through December 1, 2009.

 

Motion carried 3-0.

 

Ms. Haag then requested that the Board go into Executive Session for confidential legal advice.

 

M O T I O N

 

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

 

Motion carried 3-0.

 

The meeting adjourned at 11:25 a.m. with no further action taken.

 

 

 

 

__________________________________________

                        KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

­­­______________________________________

Melissa E. Lohry, Deputy Clerk

 

­­­______________________________________

Gael M. Cookman, Deputy Clerk