> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 02/14/05  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, FEBRUARY 14, 2005

 

LAND USE HEARING

(#14)

 

The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Principal Planner.  Chair Rennels presided, and Commissioners Wagner and Gibson were present.  Also present were:  Al Kadera, and Porter Ingrum, Planning Department; Tom Garton, Building Inspections; Doug Ryan, Health Department; Traci Downs, Engineering Department; Jeannine Haag, Assistant County Attorney; and Gael Cookman, Deputy Clerk.

 

Chair Rennels opened the meeting with the Pledge of Allegiance and asked for public comment on the Larimer County Land Use Code and the County Budget.  No one addressed the Board regarding these topics.  Chair Rennels questioned why item #6, regarding the Windsor/Severance Fire Protection District Code adoption, was not listed as a consent item.   Mr. Helmick explained that Code adoptions are normally not listed as consent items, in order to assure the public has an opportunity to comment.  Chair Rennels asked if any one was present in the audience and wished to discuss the Windsor/Severance Fire Protection District Code adoption.  No one in the audience was present to address this issue; therefore, it was moved to the consent agenda.    Chair Rennels then noted that the following items are on consent and would not be discussed unless requested by the Board, staff, or members of the audience:

 

1.   HIAWATHA HEIGHTS LOTS 1, 2, 24, 35 AND THE SOUTH HALF OF LOT 25, BLOCK 19A LOT CONSOLIDATION; 05-S2391  This request is to combine lots 1, 2, 24, 35 and the south half of Lot 25 of Block 19A in the Hiawatha Heights Subdivision into two building lots. No neighbors have voiced any objections to this proposal.  Additionally, the following Larimer County agencies have stated that they have no objections to this proposal: The Larimer County Department of Health and Environment; The Larimer County Engineering Department Development Review Team.  The proposed Lot Consolidation for lots 1, 2, 24, 35 and the south half of Lot 25 of Block 19A in the Hiawatha Heights Subdivision will not adversely affect any neighboring properties or any County agency.  The Lot Consolidation will not result in any additional lots.  The staff finds that the request meets the requirements of the Larimer County Land Use Code.  The Development Services Team Recommendation is for approval of the Lot Consolidation for Lots 1, 2, 24, 35 and the south half of Lot 25 of Block 19A in the Hiawatha Heights Subdivision (#05-S2391) to be known as Lot 1 of the Lot Consolidation of lots 1, 2, 24, 35 and the south half of Lot 25 of Block 19A in the Hiawatha Heights Subdivision subject to the following conditions:   1.  The resultant lot is subject to any and all covenants, deed restrictions or other conditions that apply to the original lots.  2.  All conditions shall be met and the final executed deed and resolution of the County Commissioners recorded by August 14, 2005 or this approval shall be null and void.

 

2.  SCHWARZ FARMS MINOR LAND DIVISION; 04-S2382:  This is a request for a Minor Land Division to create a 5.52 acre lot to separate the residence portion from the total acreage of 103.99 acre parcel.  The 103.99 acre property is located ½ mile west of Chapman Reservoir, adjacent to County Road 11.  The property currently contains a single family residence, several accessory buildings and three oil wells.  The applicant requests a Minor Land Division to divide the property to create a 5.52 acre lot on a portion of the property that contains the existing residence and accessory buildings.   The Larimer County Department of Health and Environment commented (refer to the memo from Doug Ryan, dated January 5, 2005) and they do not object to the approval of the MLD to create an additional lot.   The Land Surveyor (refer to the memo from Dale Greer, Professional Land Surveyor, dated January 7, 2005) of the Larimer County Engineering Department noted several corrections to be made prior to the recording of the MLD.   The Engineering Department provided comments (refer to the memo from Traci Downs dated January 6, 2005) regarding transportation /access issues, drainage/ floodplain / erosion control issues and fees.  Capital Expansion Fees will be required at the time of building permit issuance for any new residence. Any access construction on CR 11, or work in the County right-of-way, will require an Access or Utility Permit from the Engineering Department.  The proposed Minor Land Division is consistent with the purpose and intent of the Minor Land Division process as contained in Section 5.4.3 of the Larimer County Land Use Code.  Division of an existing legal use from the remaining vacant property is allowed with the condition that development of the vacant property must be approved through the appropriate subdivision, conservation development, or planned development process.  Lot 1 of the Schwarz Farms MLD shall remain undeveloped until such a time when a development review application is approved for certain uses of the lot.  Staff findings are that the proposed Schwarz Farms Minor Land Division complies with the Review Criteria for Minor Land Divisions as contained in Section 5.4.3 of the Larimer County Land Use Code.  The Development Services Team recommends approval of the Schwarz Farms Minor Land Division (File #04-S2382) subject to the following conditions and authorization for the chairman to sign the plat when the conditions are met and the plat is presented for signature: 1.  Prior to the recordation of the MLD Plat the applicant shall address the Engineering Comments from Dale Greer in the referral letter dated January 7, 2005.  2. Prior to the recordation of the MLD Plat the applicant shall address the Engineering Comments from Tracie Downs in the referral letter dated January 6 2005.   3.  The following fees shall be collected at building permit issuance for new single family dwellings: Larimer County fees for County and Regional Transportation Capital Expansion.  4.  All conditions of approval shall be met and the Final Plat recorded by August 14, 2005 or this approval shall be null and void.  5. Lot 1 of the Schwarz Farms MLD shall remain undeveloped until such a time when a development review application is approved for certain uses of the lot.

 

3.  SCHWARZ MINOR LAND DIVISION; 04-S2381:  This is a request for a Minor Land Division to create a 2.3 acre buildable lot within a 40.53 acre parcel.  The 40.53 acre property is located just south of the Highway 402 and County Rd. 11 intersection.  The property currently contains a single family residence and accessory buildings.  The applicant requests a Minor Land Division to divide the property to create a 2.33 acre lot on a portion of the property that contains the existing residence.  The Larimer County Department of Health and Environment commented (refer to the memo from Doug Ryan, dated January 5, 2005) and they do not object to the approval of the MLD to create an additional lot.  The Land Surveyor (refer to the memo from Dale Greer, Professional Land Surveyor, dated January 7, 2005) of the Larimer County Engineering Department noted six corrections to be made prior to the recording of the MLD.  The Engineering Department provided comments (refer to the memo from Traci Downs dated January 6, 2005) regarding transportation /access issues, drainage/ floodplain / erosion control issues and fees.  Capital Expansion Fees will be required at the time of building permit issuance for any new residence. Any access construction on CR 16E, or work in the County right–of-way, will require an Access or Utility Permit from the Engineering Department.  The proposed Minor Land Division is consistent with the purpose and intent of the Minor Land Division process as contained in Section 5.4.3 of the Larimer County Land Use Code.  Division of an existing legal use from the remaining vacant property is allowed with the condition that development of the vacant property must be approved through the appropriate subdivision, conservation development, or planned development process.  Lot 2 of the Schwarz MLD shall remain undeveloped until such a time when a development review application is approved for certain uses of the lot.  Staff findings are that the proposed Schwarz Minor Land Division complies with the Review Criteria for Minor Land Divisions as contained in Section 5.4.3 of the Larimer County Land Use Code.  The Development Services Team recommends approval of the Schwarz Minor Land Division (File #04-S2381) subject to the following conditions and authorization for the chairman to sign the plat when the conditions are met and the plat is presented for signature:  1.  Prior to the recordation of the MLD Plat the applicant shall address the Engineering Comments from Dale Greer in the referral letter dated January 7, 2005.  2. Prior to the recordation of the MLD Plat the applicant shall address the Engineering Comments from Tracie Downs in the referral letter dated January 7, 2005.   3.  The following fees shall be collected at building permit issuance for new single family dwellings: Larimer County fees for County and Regional Transportation Capital Expansion.   4.  All conditions of approval shall be met and the Final Plat recorded by August 14, 2005 or this approval shall be null and void.  5.  Lot 2 of the Schwarz  MLD shall remain undeveloped until such a time when a development review application is approved for certain uses of the lot.

 

6.  WINDSOR/SEVERANCE FIRE PROTECTION DISTRICT CODE ADOPTION:  This is a request for adoption of the 2003 International Fire Code and amendments thereto for the Windsor-Severance Fire Protection District.  The Windsor-Severance Fire Protection District on October 14, 2004 adopted the 2003 International Fire Code and amendments.  Colorado State law requires fire districts in unincorporated portions of the County to get the proposed fire code and amendments adopted thru resolution by the County.  The adoption of the proposed 2003 International Fire Code and amendments as requested by the Windsor-Severance Fire Protection District and shall be applied only to that fire district.  The County will have no responsibilities for the enforcement of the fire code.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the Consent Agenda as presented above, with the inclusion of item #6, regarding the adoption of the Windsor/Severance Fire Protection District Code.

 

Motion carried 3-0.

 

Mr. Helmick requested the Board remove item #4; pertaining to the Honeycutt Building Code Violation, file #04-BV0051, as the owner is now in compliance.

 

5.  STORAGE TRUST ZONING VIOLATION; 03-ZV0274:  This is an alleged violation of Section 4.1.18, regarding outdoor storage not being a permitted use in the C-Commercial Zoning District. In October of 2003 a complaint was received regarding outdoor storage at several storage facilities in Larimer County. Research was conducted and this particular property was found to be in violation of the Larimer County Land Use Code.   The structure and use were established in 1979. At that time, outdoor storage was not a permitted use per the zoning resolution. The Land Use Code, adopted in 1999, also prohibits outdoor storage in the C-Commercial zoning district.   A 15-day letter was mailed to the owners on December 18, 2003 of the violation. There was no response.  A 30 day letter was then mailed on February 27, 2004. A man from the corporate headquarters did call and requested more information. The code and the violation were explained to him and he said he would check into it. No future contact was ever made and the property remains in violation.  Should the owners wish to have outdoor storage of vehicles, trailers/ boats, they would need to submit a Planning application and obtain approval from the Board of County Commissioner’s.  Staff findings are as follows:  1. The property is zoned C-Commercial.  2.  Outdoor storage is not a permitted use in the C-Commercial zoning district.  3.  The owners have been notified of the violation and have failed to bring the property into compliance.  4.  The continued use of the parcel, in violation of the Land Use Code, may affect property values in the neighborhood.  Staff recommendation is to find that a violation exists and require compliance within 60 days. Compliance would require that:  The property owner submits an application to the Planning Department requesting County approval for this use; OR, the use of the parcel for outdoor storage must cease.  In addition, authorization for legal action is also requested if the deadline is not met.   

 

Mr. Kadera displayed aerial photos of the property in question which illustrated where the vehicles are being illegally stored.   Commissioner Gibson questioned if the individual lodging the complaint lived in the area and if they were being directly affected by this violation.  Mr. Kadera noted that the individual lodging the complaint was the owner of the U-Stuff-It storage facility who was cited for a violation regarding their own outdoor storage, and is now insuring that others comply with the zoning regulations as well.  Commissioner Wagner asked if the property was still under the original ownership.  Mr. Kadera replied that it was not under the original ownership and that it has changed hands many times since it was approved for the current use.  Chair Rennels opened the hearing up for public comment.  No one addressed the Board for public comment.  Some discussion ensued regarding where the vehicles might be moved to, and Mr. Kadera stated that there are a number of legal outdoor storage facilities in the area that could accommodate storage of these vehicles.  Mr. Kadera also stated that he will be meeting with the Board in the near future to discuss this issue of outdoor storage in conjunction with legal uses of the property.  Commissioner Gibson stated that he would like to see the timeframe for compliance extended from 60 days to 120 days.  The Board agreed to this, as it would give the individuals having to re-locate their vehicles additional time to find a suitable storage facility.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners find that a violation exists with regard to the Storage Trust Zoning Violation, file #02-ZV0274, and require compliance within 120 days.  Compliance would require that:  The property owner submits an application to the Planning Department requesting County approval for this use; OR, the use of the parcel for outdoor storage must cease.  In addition, authorization for legal action is also requested if the deadline is not met.   

 

Motion carried 3-0.

 

7.  NORTH EAST QUADRANT ROAD NAME CHANGES:   This is a request to rename segments of existing numbered County Roads in the area northeast of the City of Fort Collins to be consistent with City street/road names.  The City of Fort Collins has submitted a request to rename several County Road segments in the northeast area of the City of Fort Collins to coincide with the street/road names already used in the City and to rename some segments which are located adjacent to the city.  The following list provides the new names and existing road names:

      Existing County Road name:                              Proposed City street/road name:

      County Road 11                                                           Turnberry Road

      County Road 9                                                 Giddings Road

      County Road 52                                                           Richard’s Lake Road

      County Road 54                                                           Douglas Road

      County Road 17                                                           Shields Street

      Colorado Highway 1                                                    Terry Lake Road

These names have been selected with the cooperation of area residents and have been approved by the Larimer Emergency Telephone Authority (LETA).  It is anticipated that the area affected by these names changes will be eventually annexed into the city.  Portions of the roads are in both the county and the city.  It is expected; for example, that this naming will reduce confusion by maintaining consistency names rather than Giddings Road becoming County Rd. 9, then Giddings Rd. and then County Rd. 9 over a distance of 2 miles.  The City conducted several neighborhood meetings as apart of the process of establishing the proposed names and to solicit neighborhood input.  They also coordinated this process with a committee that included LETA.  The application materials, information and notices were sent out to over 100 landowners that were identified as being affected by the proposal.  As of the date of this report, no agency or individual regarding this applicant has contacted the staff in opposition of these proposals.  There were three inquires of clarification, such as, “does this mean we are being annexed into the city?, and one e-mail encouraging the County to change County Rd 54 to Douglas Rd. Section 5.11 of the Larimer County Land Use Code sets forth the standards for street naming. The proposed road renaming is consistent with Inter-government Agreement with the Towns and Cities of Larimer County.  Staff recommends the Board of County Commissioners approve the request of the City of Fort Collins to rename the County Roads as listed above.

Mr. Garton noted that the municipalities have requested that when the County Roads are annexed into the city the road is re-named to the corresponding street name in the city.   Mr. Garton noted that although the roads being proposed for re-naming are not yet being annexed, they are part of the Growth Management Area (GMA), and the City of Fort Collins is requesting this action in order to reduce confusion.  Mr. Garton explained that notices have been mailed to surrounding property owners and there was some concern and questions by residents as to whether their properties were being annexed into the city.   Chair Rennels asked if there will be two signs posted at the locations where the city street turns back into a county road.  Mr. Garton replied in the affirmative, and noted that there are two County Roads that will extend the city name all the way through to the connecting major road: Giddings Road will extend one extra mile and dead end into Douglas Road.   Douglas Road will then keep the name of Douglas Road all the way out to the interstate, even though it does revert back to county limits until it actually reaches I-25.  Chair Rennels stated that she supports this request as long as two signs are posted with both the street name and the county road, in order to minimize confusion.  Commissioner Gibson noted that the street and road names have been used to identify whether or not the Sheriff or the police respond to an emergency, and questioned how this will affect the determination of law enforcement reactions.  Mr. Garton stated that the city and county have joint dispatch operations and they will be able to determine which entity should respond to a particular area.   Commissioner Wagner clarified that the name changes will only extend to the end of the city's GMA.   Mr. Garton replied in the affirmative, noting the two exceptions of Giddings Road and Douglas Road.

 

The applicant, Ted Shepard with the City of Fort Collins, addressed the Board and introduced J.R. Wilson, from the City Engineering Department.  Mr. Shepard stated that this process began in the southeast where the city was trying to keep ahead of the developing subdivisions, and once again the city is just trying to stay ahead of the growth by renaming these roads prior to the residents moving in, and hopefully this will make things a little less confusing.   Chair Rennels complimented the staff on the choice of names.  Mr. Shepard stated that it was interesting research, and explained how Chester Giddings arrived in Fort Collins in a barrel as a child, shipped as freight by his parents in a box car, because in those days they received a box car for the farm equipment and household goods, but the passengers had to pay freight.  Little Chester was discovered in the barrel in Greeley,  Colorado, so Mr. Giddings had to pay freight from Greeley to Fort Collins, but did not have to pay anything from Illinois to Greeley, Colorado.  Commissioner Wagner asked where the "Turnberry" name came from.  Mr. Shepard stated that it is actually a very prestigious golf course in Scotland, and the name was chosen by the City Council.    Commissioner Gibson asked if this area is being looked at for annexation in to the City of Fort Collins.  Mr. Shepard stated that yes, as urbanization occurs, and at the request of property owners, then they would take it to the City Council for annexation; however, this is action is not a trigger for that to occur.  Commissioner Wagner questioned who would pay for the cost of new signs.  Mr. Shepard stated that the City would absorb this cost.  As a final note, Mr. Wilson explained that Turnberry Road is already completely within the City limits. 

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the adoption of the northeast quadrant road name changes as outlined above.

 

Motion carried 3-0.

 

The meeting adjourned at 3:30 p.m.

 

TUESDAY, FEBRUARY 15, 2005

 

ADMINISTRATIVE MATTERS

(#14)

 

The Board of County Commissioners met at 9:30 a.m. with Assistant County Manager Neil Gluckman.  Chair Rennels presided and Commissioners Wagner and Gibson were present.  Also present were: Donna Hart, and Deni LaRue, Commissioner’s Office; Major Bill Nelson, Sheriff's Department; Gary Buffington, K-Lynn Cameron, and Meegan Flenniken, Parks and Open Lands Department; Wynette Cerciello, Human Resources Department; Stephen Gillette, Solid Waste Department; Lew Wymisner, Workforce Center; Jeannine Haag, Assistant County Attorney; and Gael Cookman, Deputy Clerk.

 

1.  PUBLIC COMMENT:   No one addressed the Board with public comment. 

 

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF FEBRUARY 7, 2005

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of February 7, 2005, as corrected.

 

Motion carried 3-0.

 

3.  REVIEW OF THE SCHEDULE FOR THE WEEK OF FEBRUARY 21, 2005Ms. Hart reviewed the upcoming schedule with the Board.

 

4.   CONSENT AGENDA: 

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for February 15, 2005:

 

PETITIONS FOR ABATEMENT:  As recommended by the County Assessor, the following petitions for abatement are approved:   Holli Howell Austin, Kirby and Gates CO., PC, Bobby's Fish, LTD, Viper Investments, LLC, Mark and Kaye Blair, Joan Haight De Armond, Michael and Julie Griffith, Ayn Hanna, Corey Jackson, John and Kim Moss Kirsch, Scott and Carolyn Larrabee, Richard and Linda Lorenzen, David McKittrick, Mark and Colleen Mecseji, Diane Mulroy, John and Jeanne Nydegger, James and Laura Richardson, Marguerite Romero, Frank and Sheryl Sell, Tammy Staff.

 

02152005A001           AMENDMENT NO. 1 TO LICENSE FOR MARINA OPERATIONS AT HORSETOOTH RESERVOIR BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND WERTHWHILE, LLC, FORMALLY KNOWN AS WERTHWHILE ENTERPRISES, LLC, BOTH d.b.a. INLET BAY MARINA

 

02152005A002           LAW ENFORCEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE TOWN OF TIMNATH, AND THE LARIMER COUNTY SHERIFF

 

02152005R001           FINDINGS AND RESOLUTION APPROVING THE VACATION OF A PORTION OF A UTILITY EASEMENT IN LOT 3 OF REU RANCH RURAL LAND USE PLAN 00-S1707

 

Motion carried 3-0.

 

5.  WELLINGTON LAW ENFORCEMENT AGREEMENT AND NEW FULL TIME EMPLOYEE:   Major Nelson requested the Board approve the Wellington Law Enforcement Agreement, including the addition of a new Full Time Employee (FTE) as of April 2005.   Maj. Nelson explained that in conjunction with the on-going contract to provide law enforcement, the Town of Wellington is asking for the addition of one FTE at the rank of Sergeant, and the Town will pay all of the costs associated with hiring this new employee.  Chair Rennels asked if this included costs for the patrol car, bullets, uniforms, all in addition to the salary and benefits.  Maj. Nelson replied in the affirmative and further explained that the increased 5.3% cost allocation was not written into this years contract due to timing, but would be included in future contracts.  Commissioner Wagner asked if the Town of Wellington has any goals of establishing their own law enforcement agency in the future.  Maj. Nelson stated that there has been some suggestion of this, but in his opinion, once the Town starts looking closely at this they will discover the additional costs that are associated with a formal agency being situated in their town, and will probably choose not to pursue this as an option.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the Wellington Law Enforcement Agreement to provide law enforcement duties to the Town of Wellington.  

 

Motion carried 3-0.

 

02152005A003           LAW ENFORCEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE TOWN OF WELLINGTON, AND THE LARIMER COUNTY SHERIFF

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve one additional Full Time Employee at the rank of Sergeant to be assigned to the Town of Wellington effective April 6, 2005.

 

Motion carried 3-0.

 

6.  UPDATE ON HUGHEY OPEN SPACE PRESCRIBED BURN:  Ms. Flenniken noted that the prescribed burn for the Hughey Open Space was originally intended to take place in 2004, but due to weather, the burn had to be postponed; she noted it is now rescheduled for March of 2005.  Ms. Flenniken stated that the burn plan and the affected acreage is the same and that notices will be mailed to the surrounding property owners within two miles of the area informing them of the upcoming burn.  Finally, Ms. Flenniken noted that they will need to get all of the required permits in order to carry out this task.  The Board thanked Ms. Flenniken for the update.

 

7.   PRESENTATION OF THE RIVER BLUFFS OPEN SPACE STEWARDSHIP PLAN:   Ms. Flenniken noted that the River Bluffs Open Space, formally known as the Jacoby property, was acquired in 2003; she explained that it was owned by the City of Fort Collins Utilities Department, and the goal for the property was to protect the river corridor and keep up with the existing agricultural lease on the land by maintaining agricultural production,  and to complete the regional trail connection for the Poudre river from Greeley to Fort Collins.  Ms. Flenniken presented the Board with the draft Stewardship Plan for the River Bluffs Open Space which is a requirement from Great Outdoors Colorado, noting that this will guide the Parks and Open Lands Department in the natural resources management of the property until future public access is feasible.   Ms. Flenniken then presented a map and explained the details as to how the land will be used for agricultural and grazing purposes.  Some discussion ensued and the Board thanked Ms. Flenniken for the information and presentation.

 

8.  EXECUTIVE SESSION TO DISCUSS LAND NEGOTIATIONS: 

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners go into Executive Session for purchase acquisition, lease, transfer or sale of any real or personal property interest as outlined in 24-6-402 (4) (a) C.R.S.

 

Motion carried 3-0.

 

9. LEGISLATIVE UPDATE:   Mr. Wymisner gave the Board an update on HB 1253, which pertains to job creation tax credits; he noted that the tax credit will be expanded statewide and will not be limited to just the enterprise zones.  The purpose of the legislation is to make available new job creation incentives to businesses; Mr. Wymisner stated that he supports the legislation but would like to see it modified in that it should be based upon the 3rd year wage levels, not the entry wage at hire, because some of the smaller business might not be able to meet the percentage to qualify for the tax credit if it is based on their entry wages.   Discussion ensued and the Board agreed that the tax credit is a good incentive tool, and agreed with Mr. Wymisner's suggestion of basing it on the 3rd year wages to give a better chance for the small business person to access this credit.  Mr. Wymisner noted that he will forward a draft letter of support for the Board to sign with the suggested change.

 

Ms. Cerciello explained SB 021, which pertains to Parental Leave for Parents Whose Children are in School.  Ms. Cerciello presented the Board with the pros and cons of the legislation; she noted that the bill is narrowly focused as it excludes law enforcement, fire-fighters, nursing, and those executive and supervisory positions that are in an exempt status.  Ms. Cerciello suggested the following changes and clarifications to SB 021:  1.  Amend to allow employers to require the use of paid leave concurrently with parental leave.  2.  Amend so this applies only to organizations that do not offer annual leave to their employees.  3.  Clarify the exempt issue since Fair Labor Standards Act requires unpaid leave for exempts in one-day increments.  4.  Amend so that it is clear that sick leave is NOT include as a type of paid leave an employee is allowed to use concurrently with parental leave.   5.  Amend so that is does not exclude law enforcement, firefighters and other emergency responders.  The Board agreed to oppose this bill unless there were amendments to it, as it very narrowly focused and a large part of Larimer County employees fall under the law enforcement and emergency responder umbrella.  In addition, the County already has the authority to create something of this nature, without enacting legislation to do so. 

 

Mr. Gillette explained that HB 1256, (being sponsored by Representative Paccione), establishes recycling goals for the State of Colorado and it includes banning electronic CRT's from landfills.  Mr. Gillette noted that there is another bill that is being sponsored by Senator Johnson that bans oil, lead acid batteries, and tires from landfills.  Mr. Gillette stated that in his opinion, the landfill bans should all be addressed in one place and with one bill.  Much discussion ensued regarding landfills and recycling efforts.  Mr. Gillette stated that one positive aspect of HB 1256 is that is requires entities to report the tonnage that is being both land-filled and recycled.  Chair Rennels stated that she does not want to oppose Senator Johnson and Representative Paccione, as they represent Larimer County; however, she suggested that maybe Mr. Gillette could meet with the sponsors of these bills and clarify exactly how these bills will affect landfill and recycling operations.   Mr. Gluckman stated that he would work on setting up a meeting of this nature.

 

10.  WORKSESSION:  Mr. Gluckman asked if the Board preferred having the affected department representatives explain the pending legislation, and the Board agreed that they liked having the representatives presenting these items.

 

11.  COMMISSIONER ACTIVITY REPORTS:  The Board noted their attendance at events during the past week.

 

13.   LEGAL MATTERS:  Ms. Haag noted that an employee has requested a grievance hearing which requires the Board to appoint a hearing officer; she requested the Board authorize the appointment of a hearing officer from the Legal Conflict Resolution Center for this grievance hearing.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve appointing a hearing officer from the Legal Conflict Resolution Center for the employee grievance hearing.

 

Motion carried 3-0.

 

There being no further business, the meeting adjourned at 11:25 a.m.

 

 

                                                                        __________________________________________

                                    KATHAY RENNELS, CHAIR

                                                            BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST

 

___________________________________

Gael M. Cookman, Deputy Clerk