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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, August 2, 2010

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were:  Eric Tracy, Engineering Department; Chad Gray and Samantha Mott, Planning Department; William Ressue, County Attorney’s Office; and Melissa Lohry, Deputy Clerk.

 

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

 

Chair Johnson noted 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.         ABRAMS LAKE MINOR LAND DIVISION LOTS 1 & 2, LOT CONSOLIDATION, FILE #10-S2971:   This is a request for approval of a lot consolidation to recombine two contiguous lots, lots 1 and 2, of the Abrams Lake Minor Land Division into one lot. If approved, the recording instrument will be a findings and resolution from the Board of County Commissioners.

 

No neighbors have voiced any objections to this proposal , nor have any Larimer County agencies. 

 

Staff has found that the proposed lot c onsolidation will not adversely affect any neighboring properties or any county agency , nor will it result in any additional lots, and therefore, the request meets the requirements of the Larimer County Land Use Code.

 

The Development Services Team and staff recommend approval of the Abrams Lake Minor Land Division, Lots 1 and 2 Lot Consolidation, f ile #10-S2971, subject to the following conditions:

 

1.    All conditions of approval shall be met and the final resolution of the County Commissioners recorded by February 2, 2011 , or this approval shall be null and void.

 

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

 

3.    The reconfiguration of lot lines shall be finalized at such time when the findings and resolution of the County Commissioners is recorded. 

M O T I O N

 

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

 

Motion carried 3-0.

 

2.         SIMPSON ZONING VIOLATION:  The owners of the subject properties are in violation of Section 4.1.10 (R-Residential Zoning District) and Section 4.3.10 (Accessory Uses and Structures) of the Larimer County Land Use Code by virtue of operating a pet animal facility (Polaris Siberian Husky Rescue) without county approval within the Residential Zoning District and keeping pet animals at unoccupied residences.

 

Both of the subject properties are located just north of Fort Collins. The Canadian Parkway residence is located in the Terry Point Estates subdivision, just south of Douglas Road, between Highway 1 and N. Shields Street. The Terry Lake Road residence is on the south east corner of Terry Lake Road (Highway 1) and Gregory Road.

 

In 2003 a zoning violation was opened for a Husky rescue at the Terry Lake Road property and was closed when the dogs were removed. In 2007 another complaint was received about the Husky rescue at the Terry Lake Road property and Ms. Simpson stated she would no longer operate the dog rescue from the property and all the dogs were licensed in her name; therefore, the file was closed.

 

On May 18, 2010, a complaint was received which stated that the house on Canadian Parkway had been abandoned three months earlier but the Husky rescue dogs still remained at the house. On June 3, 2010, Code Compliance Officer Chad Gray contacted Ingrid Simpson to explain that the rescue couldn’t operate at this location since she didn’t have county approval. Ms. Simpson stated she was currently living at 523 Gregory Road and Mr. Gray explained that she couldn’t keep any pet animals at houses she wasn’t occupying. Mr. Gray gave Ms. Simpson two weeks to remove all of the dogs from the Canadian Parkway residence. After two inspections with Animal Control Officers, during a three week period, the dogs were moved over to the Terry Lake Road residence.

 

Animal Control and Mr. Gray verified on June 25, 2010, that all 16 Huskies were at the Terry Lake Road residence and all were licensed to Polaris Siberian Husky Rescue. However, on July 6, 2010, Ms. Simpson said she moved into the Terry Lake Road residence and re-licensed all the dogs into her name.

 

Several adjoining property owners have raised concerns about impacts on their quality of life from noise and visual impacts caused by this rescue. These sites are residential lots and it is reasonable to assume that adjoining residential properties will not become commercial properties.   

 

In their review of the current case, staff has found that the subject properties are zoned R-Residential and Pet Animal Facilities are not a use by right in the Residential Zoning District. In addition, Pet Animal Facilities are defined as, “Any place or premise used in whole or in part, which part is used for the keeping of pet animals for the purpose of adoption, breeding, boarding, day care, training, grooming, handling, selling, sheltering, trading or otherwise transferring such animals. Pet animal facilities also include any individual animals kept by such a facility as breeding stock. Pet animal facility does not mean a common carrier engaged in intrastate or interstate commerce. Two or more pet animal facilities that have the same or similar purpose and operate from one place or premise are considered a single pet animal facility.” Lastly, pet animals are permitted as an accessory use to residential uses.

 

Staff requests that the Board find violations of the Larimer County Land Use Code exist, require compliance with county regulations within a time determined by the Commissioners, and authorize legal action if the deadlines are not met. 

 

Chair Johnson opened the hearing to the property owner and Joseph Simpson addressed the Board. Mr. Simpson stated that due to medical emergencies, he and Ingrid Simpson were unable to care for the rescued dogs for a few months. During that time, they relied on volunteers and employees to manage the care of the dogs and the maintenance of the properties. Mr. Simpson also stated that during his recovery from surgery, he did not frequent his residence on Canadian Parkway as often as usual; however, he stressed that the residence was never abandoned at any time. He explained that he often will split his time between residences and essentially lives out of both. Lastly, Mr. Simpson requested that the Board grant him until the end of September to find new homes for all of their current rescue dogs.

 

Ingrid Simpson, property owner and director of Polaris Siberian Husky Rescue, addressed the Board and echoed Mr. Simpson’s request.

 

Chair Johnson opened the hearing to public comment and Lucienne DeSimplaire Hadley and Renee Ellise addressed the Board in favor of the rescue operation. Both stated that they had helped Mr. and Ms. Simpson during their medical emergencies and apologized that operations did not run as smooth as usual.

 

Audrey and Bob Dibble, John Gintz, Kevin Walker, Amanda Constant, and John Gammitt, surrounding land owners addressed the Board in opposition to the rescue business and operation. All commended the Simpson’s for their honorable work but cited incessant barking, foul smells, piled rubbish, and declining property values as reasons why the use should not be allowed to continue in residentially zoned areas.

 

Mr. and Ms. Simpson readdressed the Board and stated that they intend to remodel the house on Canadian Parkway in order to rent or sell the property; therefore, no dogs would be kept at the property in the future. They also stated that they do not wish to continue taking in dogs on behalf of the rescue as they can no longer manage the physical requirements of caring for such large dogs. Lastly, Ms. Simpson stated she would continue to manage and operate the business portion of the rescue from a commercial property.

 

Chair Johnson closed the hearing to public comment and much discussion ensued amongst the Board regarding the current number of dogs licensed to Ms. Simpson.

 

Commissioner Gaiter stated that he did not believe a violation of the land use code currently exists but he was wary that Ms. Simpson would continue to take in more dogs.

 

Chair Johnson stated that he was also afraid Ms. Simpson would continue to operate a rescue by bending the rules and violating the intent of the land use code.

 

Commissioner Donnelly agreed and stated he did not believe Ms. Simpson would stop taking in additional dogs.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners find that Pet Animal Facilities have operated in violation of the Larimer County Land Use Code and allow until September 30, 2010, to terminate such operations. If a Pet Animal Facility is operating on any of the properties owned by Joseph or Ingrid Simpson after September 30, 2010, legal action is authorized without any future public hearing.

 

Motion carried 3-0.

 

There being no further business, the Board adjourned at 4:30 p.m.

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Frank Lancaster, County Manager. Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were: Donna Hart and Deni LaRue, Commissioners’ Office; Patrick Allen, Dianne Fairman, and Debbie Reisdorf, Coroner’s Office; Tamara Schmidt (via telephone), Human Services Department; Vicki Lucero, Information Technologies and Facilities Department; Linda Hoffman and Russ Legg, Planning Department; William Rsssue, County Attorney’s Office; and Melissa Lohry, Deputy Clerk.

 

1.         PUBLIC COMMENT:  Ken Ecton, resident of Bingham Hill, addressed the Board to present evidence of continued violations of the Pope Special Review conditions of approval.

 

Chair Johnson thanked Mr. Ecton and invited him to attend the hearing scheduled for Monday, August 9, 2010.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF JULY 26, 2010:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of July 26, 2010.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF AUGUST 9, 2010:   Ms. Hart reviewed the upcoming schedule with the Board.

 

4.         CONSENT AGENDA:  Commissioner Gaiter requested more information regarding the miscellaneous item titled “CCAP County Residency Verification Policy;” therefore, it was removed from the consent agenda.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the remaining items on the consent agenda as presented below:

 

08032010A001           EXTENSION AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE MUNICIPAL SUBDISTRICT OF THE NORTHERN COLROADO WATER CONSERVANCY DISTRICT ACTING BY AND THROUGH THE WINDY GAP FIRMING PROJECT WATER ACTIVITY ENTERPRISE

 

08032010A002           INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, WELD COUNTY, AND THE STATE OF COLORADO FOR ROADWAY IMPROVEMENTS TO LARIMER COUNTY ROAD 1 (WELD COUNTY ROAD 13) SOUTH OF STATE HIGHWAY 34

 

08032010A003           CARE POLICY AND FINANCING CONTRACT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO DEPARTMENT OF HEALTH FOR THE USE AND BENEFIT OF THE DEPARTMENT OF HUMAN SERVICES FOR SINGLE ENTRY POINT CASE MANAGEMENT AND UTILIZATION REVIEW FOR MEDICAID SERVICES

 

08032010D001           DEED OF DEDICATION – GARY AND WENDI ELLIOTT

 

08032010R001           RESOLUTION CALLING FOR AND ELECTION REGARDING LARIMER COUNTY GRAYHAWK KNOLLS PUBLIC IMPROVEMENT DISTRICT NO. 43

 

08032010R002           RESOLUTION CALLING FOR AND ELECTION REGARDING LARIMER COUNTY RAINBOW LAKES PUBLIC IMPROVEMENT DISTRICT NO. 39

 

08032010R003           RESOLUTION CALLING FOR AND ELECTION REGARDING LARIMER COUNTY KORAL HEIGHTS PUBLIC IMPROVEMENT DISTRICT NO. 46

 

08032010R004           RESOLUTION CALLING FOR AND ELECTION REGARDING LARIMER COUNTY PARK HILL PUBLIC IMPROVEMENT DISTRICT NO. 47

 

08032010R005           RESOLUTION CALLING FOR AND ELECTION REGARDING LARIMER COUNTY TERRY SHORES PUBLIC IMPROVEMENT DISTRICT NO. 44

 

08032010R006           RESOLUTION CALLING FOR AND ELECTION REGARDING LARIMER COUNTY WAGON WHEEL PUBLIC IMPROVEMENT DISTRICT NO. 49

 

08032010R007           RESOLUTION CALLING FOR AND ELECTION TO INCREASE MILL FOR LARIMER COUNTY COUNTRY MEADOWS GENERAL IMPROVEMENT DISTRICT NO. 17

 

MISCELLANEOUS:            Agreement & Release between Employee & Larimer County; Findings & Order; and CCAP Job Search Policy.

 

LIQUOR LICENSES:         The following licenses were approved and issued:  Grant Family Farms – 6% Special Event – Wellington; Glen Echo Resort LLC – Retail Warehouse Storage Permit – Bellvue; and Al’s Canyon Grill – Hotel & Restaurant – Fort Collins.

 

Motion carried 3-0.

 

5.         PROCLAMATION RECOGNIZING THE 2010-2011 SCHOOL YEAR AS A SIGNIFICANT MILESTONE IN POUDRE SCHOOL DISTRICT’S 50-YEAR HISTORY:   Chuck Hagemeister, Ellen Laubhan, and M.L. Johnson requested the Board read and approve a proclamation to recognize the Poudre School District’s 50-Year Anniversary.

 

Commissioner Gaiter read the Poudre School District R-1 50-Year Anniversary Proclamation. 

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the Poudre School District R-1 50-Year Anniversary Proclamation.

 

Motion carried 3-0.

 

 6.        RECOGNIZE VICKI LUCERO FOR BECOMING A CERTIFIED RECORDS MANAGER:   Mr. Lancaster requested the Board recognize Ms. Lucero for her accomplishment of becoming a Certified Records Manager by the Institute of Certified Records Managers in Syracuse, New York. Mr. Lancaster noted that Ms. Lucero is a “department of one,” and is charged with keeping records, fulfilling statute requirements, maintaining policies and procedures, managing the document retention center, managing imaging programs, and fulfilling citizen requests for historic records.

 

Chair Johnson extended congratulations to Ms. Lucero on behalf of the Board and asked Ms. Lucero if there were any other Certified Records Managers in the Larimer County area.

 

Commissioners Donnelly and Gaiter congratulated Ms. Lucero.

 

7.         CONSIDERATION OF A LETTER AND RESOLUTION OF SUPPORT FOR THE NORTHERN COLORADO SUSTAINABLE COMMUNITIES REGIONAL PLANNING GRANT APPLICATION SUBMITTED BY EMBRACE NORTHERN COLORADO:  Chair Johnson stated that this item is not ready for submittal at this time and, therefore, would be removed from the agenda.

 

8.         CCAP COUNTY RESIDENCY VERIFICATION POLICY :  Ms. Schmidt addressed the Board, via telephone, regarding the CCAP County Residency Verification Policy, which was removed from the consent agenda. Ms. Schmidt stated that the State of Colorado Child Care Assistance Program requires every municipality to define the items deemed acceptable to establish applicant residency. Historically, the Department of Human Services has required three different documents to verify that an applicant resides in the county. However, the department has found that this requirement can cause undue hardship for some applicants; therefore, the department would like to amend their procedure and require only one form of residency verification. Ms. Schmidt also noted that this revision has already been approved by the State of Colorado.

 

Commissioner Gaiter thanked Ms. Schmidt for the explanation.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the CCAP County Residency Verification Policy.

 

Motion carried 3-0.

 

9.         APPOINTMENT TO THE BOARD OF APPEALS :  Ms. LaRue addressed the Board and requested approval for Fermor Black to complete the unexpired term of Ron Daggett on the Board of Appeals.

 

Commissioner Donnelly noted that the Board was present during Mr. Black’s interview and he was confident in the requested appointment.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the appointment of Fermor Black to complete the unexpired term of Ron Daggett on the Larimer County Board of Appeals.

 

Motion carried 3-0.

 

10.       COUNTY MANAGER WORKSESSION:  Mr. Lancaster had no items to discuss today.

 

11.       COMMISSIONER ACTIVITY REPORT:  The Board detailed their attendance at activities during the previous week.

 

12.       LEGAL MATTERS:  Mr. Ressue requested the Board go into executive session for conferences with an attorney for the purpose of receiving legal advice on specific legal regarding the formation of Metropolitan Districts with no decision to follow.  Affidavit provided.

 

 

M O T I O N

 

Commissioner Gaiter 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. 

 

There being no further business, the Board recessed at 10:30 a.m.

 

BOARD OF EQUALIZATION HEARING

 

The Board of County Commissioners reconvened at 2:30 p.m., as the Larimer County Board of Equalization, with Appraiser Christine Murray. Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were: Steve Miller, Assessor; and Melissa Lohry, Deputy Clerk.

 

ANHEUSER-BUSCH INCORPORATED:  Ms. Murray addressed the Board and stated that Anheuser-Busch Inc. wished to protest the assessed value of their property for the 2009 tax year, which was $91,798,000. Ms. Murray noted the protest is based on the company’s outstanding appeal with the State Board of Appeals for the 2008 tax year, as that ruling will effect subsequent tax year appraisals.

 

Chair Johnson noted that the petitioner was not present and had not submitted any documentation to support their requested value of “no more than $5 million;” therefore, he proposed the Board deny the protest.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of Equalization deny Anheuser-Busch Incorporated’s petition for the abatement of taxes for the 2009 tax year.

 

Motion carried 3-0.

 

There being no further business, the Board adjourned at 3:00 p.m.

 

THURSDAY, AUGUST 5, 2010

 

WORKSESSION WITH POLICY DECISION

 

The Board of County Commissioners met at 9:30 a.m. with Bridget Paris, Compensation Specialist. Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were: Steve Miller, Assessor; Frank Lancaster, Neil Gluckman, and Bob Keister, and Deni LaRue, Commissioners’ Office; Lorenda Volker, Human Resources Department; Major Marc Engemoen, Public Works Department; Major Bill Nelson and Major Andy Josey, Sheriff’s Office;  and Melissa Lohry, Deputy Clerk.

 

DISCUSSION REGARDING EMPLOYEE COMPENSATION:  Ms. Paris and Ms. Volker presented four main topics to the Board for discussion and decision, including: 1.  Pay Range Adjustments; 2.  Longevity Pay; 3.  Employees Earning Over the Maximum of their Established Pay Range;  4.  Pay Increases for Fiscal Year 2011. Ms. Paris and Ms. Volker presented many options and combinations of each of the four topics, including the recommendations made by the Senior Management Team and numerous focus groups.

 

Significant discussion ensued between the Board, Ms. Paris, and Mr. Keister regarding the fiscal benefits associated with each option. Ultimately, the Board decided to:  1. Not adjust pay ranges; 2. Decrease the amount of longevity pay received by eligible employees by 50% starting January 1, 2011, and completely eliminate longevity pay beginning January 1, 2012; 3. Reduce the salaries of employees (earning more than the maximum amount for their pay range) to the amount equal to the maximum salary range; and 4.  Not increase employee pay.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners deny Pay Range Adjustments.

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve a 50% decrease in Longevity Pay beginning January 1, 2011, completely eliminate Longevity Pay beginning January 1, 2012, and eliminate increases in Longevity Pay immediately.

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve a reduction of salaries for employees who earn more than the maximum amount of their current pay range to an amount equal to the maximum pay rate.

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners deny an increase in pay rates for employees.

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners reconsider the motion to eliminate Longevity Pay.

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve a 50% decrease in Longevity Pay beginning January 1, 2011, eliminate Longevity Pay beginning January 1, 2012, and eliminate Longevity Pay increases immediately.

 

Motion carried 2-1, Commissioner Gaiter dissenting.

 

3RD ANNUAL LUND HOG ROAST AND CONCERT:   Mr. Lancaster requested direction from the Board regarding an unauthorized special event to take place Saturday, August 7, 2010, at 3208 South County Road 29. Mr. Lancaster explained that if the event occurs as advertised, numerous violations of the Larimer County Land Use Code and the State of Colorado Liquor Laws will be committed. Lastly, he noted that the property owners and event coordinators were directed to obtain a Larimer County Special Event Permit and a Liquor License Permit.

 

Mr. Lancaster requested approval from the Board to obtain a restraining order against the property owners and event coordinators.

 

The Board agreed that the event was not in compliance with county or state regulations and directed Mr. Lancaster, and the county attorneys, to proceed with obtaining a restraining order.

 

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

 

 

 

 

 

__________________________________________

   STEVE JOHNSON, CHAIR

BOARD OF COMMISSIONERS

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

______________________________________

Melissa E. Lohry, Deputy Clerk