Loveland Bike Trail
 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, July 28, 2003

There were no Land Use Hearings this date.

BOARD OF EQUALIZATION

(No Audio Available)

The Board of Equalization met with Neil Gluckman, Assistant County Manager; Chair Pro-Tem Rennels presided and Commissioner Gibson was present. Also present were Gael Cookman, Clerk's Office and Jean M. O'Connor, Clerk to the Board.

Ms. Cookman requested the Board approve the recommendations of the referees for July 23 and 24, 2003.

MOTION

Member Gibson moved that the Board of County Commissioners approve the recommendations of the referees for July 23 and 24, 2003 as presented.

Motion carried 2 - 0.

There being no further business, the meeting adjourned at 10:25 a.m.

TUESDAY, JULY 29, 2003

ADMINISTRATIVE MATTERS

(No Audio Available)

The Board of County Commissioners met with Neil Gluckman, Assistant County Manager; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Kathy Snell, Health and Human Services; Stu Van Meveren and Linda Coxen, District Attorney's Office; Gary Buffington and K-Lynn Cameron, Parks and Open Lands; Doug Ryan, Health Department; Ray Martinez, City of Fort Collins; Stephen Gillette, Natural Resources; Marc Engemoen, Public Works; George Hass, County Attorney's Office; Bob Keister, Donna Hart, Deni La Rue, and Melinda Keen, Commissioner's Office; Gael Cookman and Dawn Stroh, Clerk's Office; Tara Spencer and Jessica Benish, Larimer County Fair representatives; Dave Clarkson and Laurie Barten, DVM, Division of Wildlife representatives; and Jean M. O'Connor, Clerk to the Board.

  1. PUBLIC COMMENT: Ms. Freda Poundstone and Mr. Chuck Ford addressed the Board regarding HB 1161.
  2. BOARD OF EQUALIZATION:

MOTION

Commissioner Gibson moved that the Board of County Commissioners recess and convene as the Board of Equalization.

Motion carried 3 - 0.

Ms. Cookman requested the Board approve the recommendations of the appointed referees for July 21, 25, and 28, 2003.

MOTION

Commissioner Rennels moved that the Board of Equalization approve the recommendations of the referees for July 21, 25, and 28, 2003 as presented.

Motion carried 3 - 0.

There being no further business before the Board of Equalization, the meeting adjourned and the Board of County Commissioners reconvened.

3. APPROVAL OF THE MINUTES FOR THE WEEK OF JULY 21, 2003:

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of July 21, 2003 as presented.

Motion carried 3 - 0.

4. REVIEW OF THE SCHEDULE FOR THE WEEK OF AUGUST 4, 2003: Ms. Hart reviewed the schedule with the Board.

5. CONSENT AGENDA:

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the following items as presented on the consent agenda:

07292003A001 EQUIPMENT ORDER AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND IKON OFFICE SOLUTIONS, INC FOR USE AND BENEFIT OF THE DOCUMENT OUTPUT CENTER

07292003A002 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND IKON OFFICE SOLUTIONS, INC FOR MAINTENANCE SERVICES/PROFESSIONAL SERVICES

07292003A003 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE HILL AT COBB LAKE, LLC AND THE HILL COMMUNITY ASSOCIATION FOR THE HILL TWO CONSERVATION DEVELOPMENT

07292003A004 DEVELOPMENT AGREEMENT AND RESIDUAL LAND USE RESTRICTIONS BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND LESLIE P DICKERSON FOR THE DICKERSON RURAL LAND USE PLAN

07292003A005 LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COLORADO CHILL, A DIVISION OF TRIPLE CROWN SPORTS, INC FOR PROFESSIONAL BASKETBALL FRANCHISE

07292003A006 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY TO REPLACE CROSSING SURFACES AT COUNTY ROADS 2E AND 15A

07292003A007 MEMORANDUM OF UNDERSTANDING BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO DEPARTMENT OF HUMAN SERVICES (Colorado Works Program and the Colorado Child Care Assistance Program)

0729200A008 AGREEMENT BETWEEN THE COUNTY CLERK AND RECORDER AND THOMPSON SCHOOL DISTRICT FOR ELECTION SERVICES

07292003A009 AGREEMENT BETWEEN THE COUNTY CLERK AND RECORDER AND PARK SCHOOL DISTRICT R-3 FOR ELECTION SERVICES

07292003A010 AGREEMENT BETWEEN THE COUNTY CLERK AND RECORDER AND ST. VRAIN VALLEY SCHOOL DISTRICT FOR ELECTION SERVICES

07292003A011 AGREEMENT BETWEEN THE COUNTY CLERK AND RECORDER AND POUDRE SCHOOL DISTRICT R-1 FOR ELECTION SERVICES

07292003R012 AGREEMENT BETWEEN THE COUNTY CLERK AND RECORDER AND WELD COUNTY SCHOOL DISTRICT RE-5J FOR ELECTION SERVICES

07292003A013 AGREEMENT BETWEEN THE COUNTY CLERK AND RECORDER AND PINEWOOD SPRINGS FIRE PROTECTION DISTRICT FOR ELECTION SERVICES

07292003A014 AGREEMENT BETWEEN THE COUNTY CLERK AND RECORDER AND JOHNSTOWN FIRE PROTECTION DISTRICT FOR ELECTION SERVICES

07292003A015 AGREEMENT BETWEEN THE COUNTY CLERK AND RECORDER AND AIMS JUNIOR COLLEGE DISTRICT FOR ELECTION SERVICES

07292003A016 AGREEMENT BETWEEN THE COUNTY CLERK AND RECORDER AND ESTES VALLEY RECREATION AND PARK DISTRICT FOR ELECTION SERVICES

07292003A017 AGREEMENT BETWEEN THE COUNTY CLERK AND RECORDER AND PINEWOOD SPRINGS WATER DISTRICT FOR ELECTION SERVICES

07292003A018 AGREEMENT BETWEEN THE COUNTY CLERK AND RECORDER AND TOWN OF WINDSOR FOR ELECTION SERVICES

07292003A019 AGREEMENT BETWEEN THE COUNTY CLERK AND RECORDER AND CITY OF LOVELAND FOR ELECTION SERVICES

07292003A020 AGREEMENT BETWEEN THE COUNTY CLERK AND RECORDER AND CITY OF FORT COLLINS FOR ELECTION SERVICES

07292003A021 AGREEMENT BETWEEN THE COUNTY CLERK AND RECORDER AND WINDSOR INTERCHANGE METROPOLITAN DISTRICT FOR ELECTION SERVICES

07292003R001 FINDINGS AND RESOLUTION APPROVING THE EXTENSION OF PRELIMINARY PLAT APPROVAL FOR LINCOLN INDUSTRIAL PARK PLANNED LAND DIVISION

07292003R002 SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION OF AMERICAN GENERAL MEDIA/MYERS

07292003R003 AMENDED SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION OF INGLESIDE QUARRY

07292003R004 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR THE HILL TWO CONSERVATION DEVELOPMENT

07292003R005 RESOLUTION REGARDING RELEASE OF WARRANTY COLLATERAL FOR COMMENCEMENT RIDGE SUBDIVISION

07292003R006 RESOLUTION TO DETERMINE ELECTION JUDGES COMPENSATION

07292003R007 RESOLUTION TO ESTABLISH EARLY VOTING HOURS

07292003R008 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR DICKERSON RURAL LAND PLAN

07292003R009 RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIALS (Denise Timmermans)

MISCELLANEOUS: Authorize signatures for the Colorado Department of Labor and Employment; Letter of support for the Larimer County Conservation Inventory, Phase II; Colorado Division of Criminal Justice Statement of Grant Award- Final approval of matching funds; Final Plat for Dickerson Rural Land Plan; and Final Plat for The Hill Two Conservation Development.

LIQUOR LICENSES: The following licenses were both approved and issued Bohemian Cottage Restaurant- H&R- Loveland, CO and Cottonwood Hollow- H&R- Livermore, CO. The following license was issued Lecato's Italian Restaurant- H&R- Loveland, CO.

Motion carried 3 - 0.

6. PROCLAMATION OF 2003 LARIMER COUNTY FAIR AND RODEO: Commissioner Rennels read the proclamation acknowledging the importance of the County Fair and Rodeo.

MOTION

Commissioner Rennels moved that the Board of County Commissioners proclaim July 21 through August 5, 2003 as a time to acknowledge the importance of the 2003 Larimer County Fair and Rodeo.

Motion carried 3 - 0.

7. PRESENTATION TO JEFF BORG, PASTOR OF THE FORT COLLINS MENNONITE FELLOWSHIP: The Board, Mayor Martinez and United Way recognized Mr. Borg and his congregation for their contributions to the homeless community by hosting a severe weather shelter over the past two-years. Mr. Borg was presented with a check for the Fellowship from each entity in thanks for its community service.

Commissioner Rennels also recognized Ms. Snell for her extraordinary contributions within the community.

8. DISTRICT ATTORNEY'S PARTICIPATION IN PERA per 24-51-305.5 C.R.S.: Mr. Van Meveren noted that recently passed legislation allows District Attorney's office employees the option to participate in the State retirement plan or PERA. Mr. Van Meveren requested Board approval to allow employees to participate if they choose. Attracting and retaining qualified employees is difficult, Mr. Van Meveren continued, and the added benefit of PERA would help "level the playing field" with the private sector. Commissioner Gibson stated PERA would cost an additional 4% and asked if employees are willing to accept a 4% decrease in salary? Mr. Van Meveren stated that a reduction in pay would defeat the purpose of the added benefit. Ms. Coxen stated that other, perhaps less desirable benefits, are being considered for discontinuance.

Commissioner Rennels asked if Jackson County has expressed a preference for participation and Mr. Van Meveren noted that he would be asking them next. Commissioner Rennels asked if the Board authorizes the District Attorney to proceed with the next step, does the legislation consider that a commitment to fund participation and Mr. Van Meveren clarified that proceeding to the next step does not commit any funding.

MOTION

Commissioner Rennels moved that the Board of County Commissioners authorize the District Attorney to move forward in determining the cost to participate in PERA and also report back to the Board regarding the cooperation of Jackson County.

Motion carried 3 - 0.

9. DISCUSSION OF CHRONIC WASTING DISEASE (CWD) CARCASS DISPOSAL AT COUNTY LANDFILL FOR THE COLORADO DIVISION OF WILDLIFE (DOW): Mr. Engemoen requested direction from the Board regarding the plan submitted by DOW for disposal of deer/elk body parts into the County landfill. Mr. Gillette stated that last year, DOW disposed of approximately 270,000 pounds of parts; which came from the Craig area testing facility and had an incident rate for CWD of less that 1%. Mr. Ryan stated, from a health standpoint, no scientific data was found to consider the disposal of carcasses or parts within an unlined landfill to be safe.

Chair Bender stated that a short-term solution would be to dig a pit at the landfill and line it and work with DOW on cost. Commissioner Gibson noted that Larimer County would carry the long-term liability. Commissioner Rennels stated that she would not support positive results being disposed of at the landfill in any way, but can support disposal of known negative carcasses/parts.

Mr. Clarkson stated that established area heads would be taken to CSU for disposal and all others outside that area would be disposed of at the landfill. Commissioner Rennels asked if the DOW had contacted the landfill in Ault since it is lined and Mr. Clarkson replied that Ault has a policy to not accept deceased animals. Commissioner Rennels reiterated that she would not support disposal of any parts unless they are a "known" negative. Mr. Engemoen clarified that the direction of the Board is to accept processed meat and known negatives at the landfill through April 2004. The Board concurred.

10. LEGAL MATTERS: Mr. Hass requested the Board convene as both the County Commissioners and the Larimer County Building Authority.

MOTION

Commissioner Rennels moved that the Board of County Commissioners also convene as the Larimer County Building Authority.

Motion carried 3 - 0.

Mr. Hass requested Board approval for documents associated with the Certificates of Participation for the Community Corrections building and minutes of the Larimer County Building Authority.

MOTION

Commissioner Gibson moved that the Board authorize the Chair and the President of the Building Authority to sign documents and minutes of the Building Authority related to the Certificates of Participation for the Community Corrections building as presented.

Motion carried 3 - 0.

07292003A023 FIFTH SUPPLEMENTAL MORTGAGE AND INDENTURE OF TRUST BETWEEN THE LARIMER COUNTY BUILDING AUTHORITY AND U.S. BANK NATIONAL ASSOCIATION

07292003A024 FIFTH AMENDMENT TO THE MASTER LEASE PURCHASE AGREEMENT BETWEEN LARIMER COUNTY AND THE LARIMER COUNTY BUILDING AUTHORITY

07292003A025

07292003D001 SPECIAL WARRANTY DEED BY LARIMER COUNTY TO LARIMER COUNTY BUILDING AUTHORITY

07292003R011 RESOLUTION APPROVING THE LEASE-PURCHASE FINANCING BY LARIMER COUNTY OF A CERTAIN COUNTY COMMUNITY CORRECTIONAL FACILITY AUTHORIZING AND APPROVING A FIFTH AMENDMENT TO THE MASTER LEASE PURCHASE AGREEMENT BETWEEN THE COUNTY AND THE LARIMER COUNTY BUILDING AUTHORITY

There being no further business, the Building Authority adjourned.

11. WORK SESSION: Mr. Gluckman stated that United Way has requested a letter of support recognizing a local business for their commitment to the community. The Board concurred.

Ms. Keen requested approval for an alternate member of the Board of Adjustments to become a voting member- Evelyn King and a voting member to become an alternate member- Larry Chisesi.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the changes to the Board of Adjustments as requested.

Motion carried 3 - 0.

12. COMMISSIONER REPORTS: The Board noted their attendance at events last week. Commissioner Rennels stated that she has been appointed to the Governor's State Emergency Medical and Trauma Services Advisory Council for a three-year term.

Mr. Buffington requested the Board approve a grant agreement with Great Outdoors Colorado Trust Fund for improvements at Inlet Bay Recreational and Visitor Area.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the Grant Agreement for Inlet Bay Recreational and Visitor Area as presented.

Motion carried 3 - 0.

07292003A022 GRANT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE GREAT OUTDOORS COLORADO TRUST FUND FOR USE AND BENEFIT OF LARIMER COUNTY PARKS AND OPEN LANDS (Inlet Bay Recreational Area)

There being no further business, the meeting adjourned at 11:45 a.m.

WEDNESDAY, JULY 30, 2003

PETITION FOR ABATEMENT

for

AUTOZONE, INC.

The Board of County Commissioners met with Jon Cowling and Shelley Kechter, Assessor's Office; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Dawn Stroh, Clerk's Office and Jean M. O'Connor, Recording Clerk.

Chair Bender noted that the petitioner is not present. Mr. Cowling requested the Board re-affirms the decision of the Assessor and denies the petitions for abatement for the following schedule numbers 1530445; 1474847; 1434306; and 1501402.

MOTION

Commissioner Rennels moved that the Board of County Commissioners deny the AutoZone, Inc. petitions for abatement for the following schedule numbers 1530445, 1474847, 1434306, and 1501402.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 2:10 p.m.

__________________________________

THOMAS G. BENDER, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

(S E A L)

A T T E S T

_________________________________

Jean M. O'Connor, Clerk to the Board

Background Image: Loveland Bike Trail by Sharon Veit. All rights reserved.