> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 02/15/10  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, February 15, 2010

 

County offices were closed on Monday, in observance of the President’s Day Holiday.

 

 

TUESDAY, FEBRUARY 16, 2010

 

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. in the Commissioners’ Hearing Room, with Frank Lancaster, County Manager.  Chair Johnson presided and Commissioners Donnelly and Gaiter were present.  Also present were:  Neil Gluckman, and Deni LaRue, Commissioners’ Office; George Hass, Jeannine Haag, and Bill Ressue, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

1.   LEGAL MATTERS:   Commissioner Johnson explained that the Board would retreat for an executive session and would take questions from the press after they returned with their decision regarding the Timothy Masters lawsuit against Judge Blair and Judge Gilmore.

 

The executive session ended at 9:35 and Mr. Hass gave a brief presentation regarding the settlement proceedings thus far in this case, noting that Mr. Masters has agreed to accept $4.1 million to settle the case out-of-court.   He explained that setting the case would eliminate all risk of a larger burden being placed on the taxpayers, from a lengthy trial with an uncertain outcome.  Some discussion ensued. 

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve payment of $4.1 million to settle all of the claims of Timothy Masters against the prosecutors and other employees and officials of the District Attorney, such amount to be paid as follows:  $3 million dollars from Genesis Insurance Company and $1.1 million from the Larimer County Risk Management reserve fund.   This payment shall be conditioned upon a signed release from Mr. Masters in a form satisfactory to the County Attorney and appropriate stipulations for dismissal with prejudice of the litigation.

Under discussion of the motion, the Board agreed that it was their duty to the taxpayers to mitigate the potential risk of a costly trial and possible exorbitant settlement claim that could result if this matter went to trial.

  

Motion carried 3-0.

 

Commissioner Johnson then allowed council to speak publicly for the record.

 

Kevin J. Kuhn, attorney for Judge Blair, and Josh A. Marks, attorney for Judge Gilmore, noted that, in their opinion, they would have prevailed in this case had it gone to trial. 

 

Mr. Kuhn explained that the reason the verdict was overturned is due to the fact that certain DNA evidence and testing was not available in 1999.  Mr. Kuhn further stated that Judge Blair did not violate Mr. Masters’ constitutional rights.  

 

Mr. Marks stated that the settlement was driven by the insurance company and the fear that it would be more costly to go to trial.  He stated that the complaint is simply an allegation and is not based on facts.  However, Mr. Marks also stated that he realized the county has to protect the best interests of the public.

 

The Board then entertained questions from the press, before recessing the meeting at 10:10 a.m.

 

 

ADMINISTRATIVE MATTERS (Continued)

 

 

The Board of County Commissioners reconvened at 10:25 a.m., in the Commissioners’ conference room, with Frank Lancaster, County Manager.  Chair Johnson presided and Commissioners Donnelly and Gaiter were present.  Also present were:  Neil Gluckman, Donna Hart, and Deni LaRue, Commissioners’ Office; George Hass, County Attorney’s Office; Marc Engemoen, Public Works Department;   Debbie Morgan, Larimer County Public Trustee; Kerri Rollins, Natural Resources Department; Michael Kirk, and Steve Balderson, Facilities and Information Technology Department;  and Gael Cookman, Deputy Clerk.

 

2.  PUBLIC COMMENT:   Gary O’Quinn and Larry Newman addressed the Board regarding the recent Boxelder Basin Stormwater Authority meeting.  Both had suggestions for the Board to consider pertaining to who should be included within the boundary, and the possibility of paying a one-time-fee.

 

Dave LaMothe, Marybeth Snyder, Robert Smith all expressed concern that the Poudre Canyon Fire Protection District is a rogue board operating outside of the law and engaging in illegal activities and spending.  They requested that the Board investigate the Poudre Canyon Fire Protection District Board and hold them accountable.

 

 

3.  APPROVAL OF THE MINUTES FOR THE WEEK OF FEBRUARY 8, 2010:   Approval of the minutes for February 8, 2010, was postponed until the next Administrative Matters meeting. 

 

4.   REVIEW OF THE SCHEDULE FOR THE WEEK OF FEBRUARY 22, 2010:   Ms. Hart reviewed the upcoming schedule with the Board.

 

5.  CONSENT AGENDA:   Commissioner Gaiter requested that Agreement 3 (Photovoltaic Design and Installation Agreement); Agreement 5 (Amendment #1 to Photovoltaic Design and Installation Agreement); Miscellaneous item 1 (Public Trustee’s Quarterly and Annual Reports); and Miscellaneous item 3 (Letter of Support for the Conservation Fund to GOCO), be removed from the consent agenda for discussion.

 

M O T I O N

 

Commissioner Gaiter moved that the remaining consent agenda items be approved:

 

PETITIONS FOR ABATEMENT:   As proposed by the County Assessor, the following Petitions for Abatement were presented for approval:  Joan M. and Kenneth M. Mannon; Paul B. Emerick; Josh and Kirsten Bergum; Gary Chad Gerhardt; and Margaret Crespo and Sara Aerne.

 

02162010A001           AGREEMENT CONCERNING ELECTION SERVICES BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE TOWN OF ESTES PARK

 

02162010A002           SECOND AMENDMENT TO LEASE AGREEMENT FOR PROPERTY AT 2601 MIDPOINT DRIVE, FORT COLLINS, COLORADO BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, PTREE LLC, AND BJJFH

 

02162010A004           CONTRACT AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND MOUNTAIN CONSTRUCTORS INC

 

02162010D001           DEED OF CONSERVATION EASEMENT BY CHARLES P. MILLER FAMILY ASSOCIATES LLLP

 

02162010R001           FINDINGS AND RESOLUTION RESTRICTING THE USE OF PART OF COUNTY ROAD 16 RIGHT-OF-WAY TO NON-VEHICULAR TRAFFIC

 

02162010R002           RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIALS

 

MISCELLANEOUS:   Larimer County Waiver and Release Agreement between Larimer County and Employee.

 

LIQUOR LICENSES:   The following licenses were approved and issued:  JJ’s Liquor – Retail Liquor Store; and Wolverine Farm Publishing – 3.2% – Special Event.

 

Motion carried 3-0.

 

Ms. Morgan, Public Trustee, then reviewed the Quarterly and Annual reports, and explained the Public Trustee’s role and responsibilities for the Board.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the Public Trustee Quarterly Report and Annual Report for 2009.

 

Motion carried 3-0.

 

MISCELLANEOUS:   Public Trustee Quarterly Report and Annual Report for 2009

 

Ms. Rollins presented maps outlining the 3200 acre conservation easement.  She explained that Larimer County plays a partnership role in this effort and that no monies are involved.  Ms. Rolling requested approval on the letter of support to Great Outdoors Colorado (GOCO).

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Letter of Support for the Conservation Fund to GOCO for the Open Space Grant Request.

 

Motion carried 3-0.

 

MISCELLANEOUS:   Letter of Support for the Conservation Fund to GOCO for the Open Space Grant Request.

 

Mr. Kirk and Mr. Balderson explained the agreement and amendment for the Photovoltaic Design and Construction as a request to install solar panels at the Solid Waste Administration Building, and to expand the solar energy panels at the Larimer County Courthouse Offices.   Discussion ensued regarding required matching funds, and Mr. Balderson explained that the matching funds will come from the sales tax revenue and not the general fund.

 

M O T I O N

Commissioner Gaiter moved that the Board of County Commissioners approve the Ph otovoltaic Design and Installation Agreement and Amendment #1 to Photovoltaic Design and Installation Agreement, as presented on the consent agenda for February 16, 2010.

Motion carried 3-0.

 

02162010A003           PHOTOVOLTAIC DESIGN AND INSTILLATION AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND HYDRO ELECTRIC LLC

 

02162010A005           AMENDMENT #1 TO THE PHOTOVOLTAIC DESIGN AND CONTRUCTION CONTRACT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND STANDARD RENEWABLE ENERGY

 

6.  POUDRE RIVER PUBLIC LIBRARY DISTRICT TRUSTEE:   Mr. Lancaster presented the recommendation for appointment to the Poudre River Public Library District.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the recommendation of the Poudre River Public Library District Committee, and reappoint Robin Gard for a four-year term, effective March 1, 2010.

 

Motion carried 3-0.

 

7.  LEGISLATIVE UPDATE:  Mr. Gluckman updated the Board on pending legislation.

 

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

 

9.  COMMISSIONER REPORTS:  The Board reviewed their attendance at activities during the previous week.

 

There being no further business, the meeting adjourned at 11:50 a.m.

 

 

WEDNESDAY, FEBRUARY 17, 2010

 

 

ASSESSMENT HEARING FOR HIDDEN VIEW ESTATES

LOCAL IMPROVEMENT DISTRICT 2008-1

 

The Board of County Commissioners met at 1:30 p.m. with Linda Sanders, Engineering Department. Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were: Ed Schemm, Health Department; and Melissa Lohry, Deputy Clerk.

Ms. Sanders explained that the Hidden View Estates Local Improvement District had been created in August 2008, for the purpose of constructing, installing, completing, and acquiring sanitation improvements in the district. The total cost of this project is estimated to be $600,000.

A $300,000 State Energy and Mineral Impact Assistant Grant was approved by the Colorado Department of Local Affairs and a $300,000 loan was approved by the Colorado Water and Power Authority with an interest rate of 2%. Today’s hearing is to approve the assessments for the direct loan, the whole cost of the improvements, and the loan from the Colorado Water and Power Authority.

Chair Johnson opened the hearing to public comment. Rita Harden, Randy Maid, and Kim Kalmi, all residents Hidden View Estates, addressed the Board in favor of the improvements. Patty Marqui-Hilker also addressed the Board and supported the improvements but explained the costs would cause a significant hardship.

Chair Johnson closed public comment and much discussion ensued regarding the maintenance of the treatment system, operation of the facility, and fees for connecting to the system.

 

M O T I O N

Commissioner Donnelly moved that the Board of County Commissioners approve the Resolution for the Whole Cost of the Improvements to be in Larimer County Local Improvement District #2008-1, Hidden View Estates.

Motion carried 3-0.

 

02172010R002           RESOLUTION APPROVING THE WHOLE COST OF THE IMPROVEMENTS TO BE MADE IN LARIMER COUNTY LOCAL IMPROVEMENT DISTRICT #2008-1 (HIDDEN VIEW ESTATES); APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OF TRACT OF LAND IN THE DISTRICT; ASSESSING A SHARE OF SAID COST AGAINST EACH LOR OR TRACT OF LAND IN THE DISTRICT; AND PRESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF SAID ASSESSMENTS.

 

M O T I O N

Commissioner Gaiter moved that the Board of County Commissioners approve the Resolution for acceptance of a Loan from the Colorado Water Resources and Power Development Authority.

Motion carried 3-0.

 

02172010R001           RESOLUTION APPROVING A LOAN FROM THE COLORADO WATER RESOURCES AND POWER DEVELOPMENT AUTHORITY; AUTHORIZING THE FORM AND EXECUTION OF THE LOAN AGREEMENT AND A GOVERNMENTAL AGENCY BOND TO EVIDENCE SUCH LOAN; AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS RELATED THERETO; AND PRESCRIBING OTHER DETAILS IN CONNECTION THEREWITH.

 

M O T I O N

Commissioner Donnelly moved that the Board of County Commissioners approve the Certificate as to Rate of Assessment, to accept the interest rate of 2% for the life of the loan.

Motion carried 3-0.

 

There being no further business, the Board adjourned at 2:30 p.m.

 

 

__________________________________________

                        STEVE JOHNSON, CHAIR

BOARD OF COMMISSIONERS

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

______________________________________

Gael M. Cookman, Deputy Clerk

 

 

 

­­­______________________________________

Melissa E. Lohry, Deputy Clerk