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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, MAY 9, 2005

 

PUBLIC HEARING TO CONSIDER THE ADDITION OF

TAMARISK TO THE LARIMER COUNTY NOXIOUS WEED LIST

(#43)

 

The Board of County Commissioners met at 2:30 p.m. with Mike Carroll, Weed District Manager.  Chair Rennels presided and Commissioner Gibson was present.  Also present were:  Gary Buffington, and Jennifer Gorek, Parks and Open Lands; and Gael Cookman, Deputy Clerk.

 

Mr. Carroll explained the purpose of the meeting was for the Board of County Commissioners to decide whether or not to add Tamarisk to the list of noxious weeds in Larimer County.  Mr. Carroll stated that the Chairman of the Weed District Advisory Board, Tom Ostertag, could not be present for the meeting; however, the Advisory Board is in support of identifying and classifying Tamarisk as a noxious weed in Larimer County.  Mr. Carroll noted the presence of Tamarisk in the county and stated that it is in the early stages of advancement and it is crucial to control it now, as it can spread and multiply rapidly.  Chair Rennels explained that the Board of County Commissioners has had previous work sessions with Mr. Carroll and they are aware of the potential problems that Tamarisk can create. 

 

Chair Rennels opened up the hearing for public comment and Bill Johnston addressed the Board noting that he works with an irrigation company and in his opinion Tamarisk is becoming quite an issue.  Mr. Johnston stated that the recent drought has allowed Tamarisk to take hold in the reservoirs and ditches and he is aware of hundreds of acres that are currently infested.  Mr. Johnston stated that there is a great need to add Tamarisk to the noxious weed list.  Carl Carter, Rocky Mountain National Park Biologist, stated that Tamarisk grows rapidly in the wetland and riparian areas and that it kills off and crowds out other species of plants.  Mr. Carter stated that Tamarisk has been controlled successfully in other counties and if it is controlled now then it will save County dollars later.   Jim Shawn, Biologist at Front Range Community College, acknowledged his support of adding Tamarisk to the list of noxious weeds in Larimer County.  Mr. Shawn stated that although the Tamarisk presence in the county is fairly young, it is rapidly spreading.  Mr. Shawn also noted that as the water rises from relief of the drought, the Tamarisk that is present will flower and create a new band Tamarisk surrounding the new water level.   Ms. Gorek stated that there will be benefits to county residents by adding Tamarisk to the noxious weed list because the County will then be able to participate in cost-sharing measures and reimburse residents 40 percent for the cost of the chemicals they purchase to eradicate Tamarisk on their property.  Joann Blehm stated that she lives on a lake and has witnessed the invasion of Tamarisk on her property.  Ms. Blehm also stated concerns with Tamarisk seeds being spread via the wind and birds, and noted that this will cause a bigger problem.   Mr. Carter again addressed the Board and stated that the City of Loveland Open Lands Advisory Board also supports this effort.   Chair Rennels closed public comment and the following action was taken:

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the addition of Tamarisk to the Larimer County Noxious Weed List.

 

Motion carried 2-0.

 

The hearing recessed at 2:50 p.m.

 

LAND USE HEARING

(#43)

 

The Board of County Commissioners reconvened at 3:00 p.m. with Rob Helmick, Principle Planner.  Chair Rennels presided and Commissioner Gibson was present.  Also present were:  Al Kadera, Matt Lafferty, Karin Madson, and Claudia Delude, Planning Department;  Doug Ryan, Environmental Health Department; Christy Coleman, 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 County Budget and Land Use Code.  No one from the audience addressed the Board regarding these topics.  Chair Rennels explained that Item #1, pertaining to the Comfort Inn Zoning Violation, has been removed from the agenda as they are now in compliance.   Chair Rennels then explained that the following item is on consent and would not be discussed unless requested by the Board, staff, or members of the audience:

 

2.  PLEASANT ACRES 2ND REPLAT OF A PART OF PLEASANT ACRES 2ND SUBDIVISION, LOTS 3, 4 & 5, BLOCK 5 AMENDED PLAT AND EASEMENT VACATION; 05-S2409:  This is a request for an Amended Plat of a portion of Lots 3, 4 and 5, Block 5, Replat of a part of Pleasant Acres 2nd Subdivision to reconfigure and combine 3 parcels to reflect current ownership pattern.  The lots were reconfigured by deed in the past.  This amended plat will correct the plat and resolve this portion of Pleasant Acres that was incorrectly reconfigured.  The subject property was configured by deed sometime after the Replat of a portion of the original subdivision done in July 1967.  There is no evidence that the revised replat lots were recorded prior to the adoption of the first Subdivision Resolution, dated May 9, 1968.  The current property owners wish to recognize the parcels as they currently exist, combining the portions of lots described on the deeds.  The parcels have been in this configuration since August 1968-April 1969.  An existing garage on parcel 87171-11-005 encroaches into the utility easement.  This application includes a request to vacate that portion of the easement under the garage.  The following Larimer County agencies have stated that they have no objections to this proposal:  The Larimer County Department of Health and Environment, and the Larimer County Engineering Department.  Dale Greer, Land Surveyor of the Larimer County Engineering Department identified several required corrections to the plat, as referred to in his letter dated March 14, 2005.   The Development Services Team recommendation is for approval of the Amended Plat and Easement Vacation for Lots 3, 4 and 5, Block 5, Replat of a part of Pleasant Acres 2nd Subdivision, File # 05-S2409, subject to the following condition(s) and authorization for the Chair 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 October 10, 2005 or this approval shall be null and void.  2.  Prior to the recordation of the Final Plat the applicant shall make the technical corrections required by Dale Greer, Land Surveyor of the Larimer County Engineering Department in his letter dated March 14, 2005.  3. Prior to recordation the plat shall be revised to reflect the easement vacation.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the consent agenda as outlined above.

Motion carried 2-0.

 

3.  GENESIS LABORATORIES APPEAL; 04-G0073:  This is an appeal to the Section 8.6.3.C.1 of the Larimer County Land Use Code to allow the use of recycled asphalt rather than paving the required parking areas and access.  On March 23, 2004, the Board of Adjustment granted approval of the Genesis Laboratories Special Exception.  Approval of this Special Exception allowed the property owner to construct and operate a light industrial manufacturing business on a property zoned O (Open).  On October 19, 2004, the Site Plan Review application for the Genesis Laboratories was approved, which application identified asphalt paving of the access and parking areas as required by the Land Use Code.  Since the approval of the Site Plan for the Genesis Laboratories, the applicant has questioned why the parking for the use must be paved.  To this inquiry, the Development Services Team responded that the Land Use Code provides regulations aimed at ensuring the public health, safety and welfare.  Therefore, to ensure a minimum safe and adequate access, parking, and air quality, Section 8.6.3.C.1 of the Larimer County Land Use Code requires all parking spaces for employees and customers, and the access from a paved road to those required parking spaces for non-residential uses, to be constructed of asphalt, concrete or similar all-weather surface.  Paved parking areas significantly reduce the amount of dust emitted into the atmosphere.  When studied on an individual site the amount of dust emissions related to un-paved parking surface may appear to be insignificant; however, it is the aggregate of non-paved parking surfaces in an area that results in significant emissions and poor air quality. Therefore, the direct impact of non-paved accesses and parking areas to the public health and welfare is poor air quality.  Paved access and parking areas reduce mud, gravel and similar debris from being tracked onto the paved roadways.  The gravel and other debris that are tracked onto the adjacent roadways not only causes damage to the roadway, but also creates unsafe road conditions for motorists and pedestrians of all types, which unsafe conditions include kicked up gravel and changing road conditions.  Additionally, gravel accesses taken from a paved surface without paved tracking pads will cause damage to the pavement edge and shoulder, which eventually causes pot holes or collapses creating undesirable road conditions.  Paved access and parking areas for non-residential uses requires less maintenance, and produces a longer life.  Water and snow on non-paved surface will soak into the material and when large vehicles or constant traffic occurs the surface will deteriorate into ruts and pot holes requiring significant maintenance.  As a side note, many fire districts are now requiring that access and parking areas that also function as a fire lane must be paved because the integrity of a non-paved surface when wet, cannot support the weight of normal fire trucks.  Paved parking promotes handicap accessibility.  Similar to the discussion above regarding large vehicles and non-paved surfaces, wheelchairs, walkers and other physical aid devices do not function well on soft surfaces such as a non-paved parking lot that is wet from rain.  Therefore, at a minimum, any handicap parking spaces should conform to the all-weather surface standards in order to ensure safe and adequate access for all individuals using the facility.  As a closing to this report, the Development Review Staff believes that the standards and regulations as adopted for Larimer County are essential to promote the health, safety and welfare of the community and should be upheld.  Furthermore, some of the codes and standards, such as the paved parking requirements, should not always be evaluated on an individual basis, but rather in a larger context as some impacts, such as air quality, are the result of the same problem being repeated many times.  Given this, the Development Services Team has carefully considered this application and believes that while some of the impacts surrounding this appeal can be mitigating or minimized, following the current standard would require no mitigation and would result in the best possible outcome for the public.  Comments from the Health and Engineering Departments indicate that given property circumstances the appeal is supportable.  However, as indicated above, the measures recommended are merely ways to mitigate the applicant's request, and are not as good or as permanent as the requirement stated by the Code.  The Development Review Team Staff finds that allowing the use of recycled asphalt instead of paving or a similar all-weather surface at the Genesis Laboratories facility would not be in the best interest of the public health, safety or welfare. The Development Review Staff recommends that the Board of County Commissioners deny the Genesis Laboratories Appeal (04-G0073) to Section 8.6.3.C.1 of the Larimer County Land Use Code.

Mr. Lafferty acknowledged that the Health and Engineering Departments could support the appeal with some conditions; however, the Planning Department is also looking towards the future and if this area were to be annexed into the Town of Wellington, then the roads would need to be constructed to standards.  The applicant, Richard Poche, addressed the Board and explained that he is appealing the standards in order to be compatible with the rest of the industrial businesses in the area, all of which use gravel roads and crushed rock for parking.  Mr. Poche also noted that if the appeal was approved it would be of financial benefit to him and his business.  Commissioner Gibson questioned the number of employees that would be utilizing the parking lot.  Mr. Poche stated that there would be six to eight employees using the parking lot. Chair Rennels asked if there would be any large semi-trucks using the parking lot.  Mr. Poche stated that mostly standard delivery trucks (Fed-Ex type), would be using the entrance driveway and parking lot, with the possibility of a large semi-truck delivery approximately once a month.  Commissioner Gibson asked if the applicant had the proper equipment to maintain the driveway and parking lot.  Mr. Poche replied in the affirmative, noting that he grades the lot and drive every five years.  Mr. Lafferty explained that the surrounding businesses are either zoned differently, and are not required to pave their lots or drives, or they are exempt from complying with the County standard, such as Colorado State University's property.  Ms. Coleman explained that paving parking lots and driveways are required if they connect to County Roads that are also paved; however, Ms. Coleman explained that the Engineering Department would accept the following conditions as they pertain to this particular application:  1.  The parking area will be surfaced with recycled asphalt to promote dust suppression.  2.  Parking spaces will be identified with landscaping timbers and the handicap parking areas will be designated with signs affixed to the side of the building adjacent the respective parking spaces.  3.  The handicap parking spaces will be located on a concrete pad adjacent to building sidewalk/foundation to allow for handicap mobility.  4.  The entrance drive to the site will be paved from the frontage road to the frontage road right-of-way.  This will keep dirt and mud from being tracked onto the frontage road and will provide an easily maintainable drive.  Chair Rennels opened up the hearing for public comment and no one from the audience commented on this item.  Chair Rennels stated that she would support the appeal in this instance with the conditions as outlined by the Engineering Department.  Commissioner Gibson concurred.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the Genesis Laboratories Appeal; File #04-G0073, with the following conditions:  1.  The parking area will be surfaced with recycled asphalt to promote dust suppression.  2.  Parking spaces will be identified with landscaping timbers and the handicap parking areas will be designated with signs affixed to the side of the building adjacent the respective parking spaces.  3.  The handicap parking spaces will be located on a concrete pad adjacent to building sidewalk/foundation to allow for handicap mobility.  4.  The entrance drive to the site will be paved from the frontage road to the frontage road right-of-way.  This will keep dirt and mud from being tracked onto the frontage road and will provide an easily maintainable drive. 

Motion carried 2-0.

 

4.  LITTLE ZONING VIOLATION; 03-ZV0256:  This is an alleged violation of Section 4.1.10 in that the O-Open Zoning district only permits one dwelling per parcel.  In December of 2004 a complaint was received regarding a modular home being brought onto this property. A 15 day letter was sent to the owners. A call was received from Janet Little who explained that they were working with Matt Lafferty, Planner II to get County approval for the second home.  Upon verifying this, Mr. Lafferty stated the only contact he had with the property owners was regarding a request to waive application fees for an Extended Family Dwelling which was presented to the Board of County Commissioners on December 21, 2004 at Administrative Matters. No formal application had been submitted for an Extended Family Dwelling.  Mr. Lafferty then called Janet Little  to tell her the application for an Extended Family Dwelling must be submitted within one week, or by December 24, 2004.  At Administrative Matters on December 21, 2004, Mr. Lafferty explained to the Board that Tom and Janet Little were seeking approval to have an extended family residence on their property so their daughter and son-in-law can assist in the care of Tom Little, who has Multiple Sclerosis.  Mr. Lafferty noted that Mrs. Little had recently lost her part time job, and given the family situation it would be difficult for them to afford the fees required for processing the development review application as well as transportation capital expansion fees.  Mr. Lafferty requested that the Board waive $400, which consists of the $100 development review fee and approximately $300 for the transportation capital expansion fee.  Commissioner Gibson asked if placing a trailer on this property fits into the zoning of the area.  Mr. Lafferty noted that this is just the first step in the process, and that zoning, water, and other issues will need to be considered and that the family may indeed be requesting additional relief as the application progresses.  Commissioner Bender then moved that the Board of County Commissioners approve waiving the Extended Family Dwelling application fees and the Transportation Capital Expansion fees required for the placement of a trailer on the Tom Little property so that the family can care for Mr. Little.  The motion carried 3-0.  Since that time other issues have come to light regarding water service. Due to these issues appearing irresolvable, and the fact that the modular home remains on the parcel, a hearing was scheduled with the Board of County Commissioners and the structure was posted “DO NOT OCCUPY” by the Larimer County Building Department.  Proper notice of the hearing was mailed to the property owners by both regular and certified mail.   The major issue here is that only one house is permitted per parcel in the O-Open zoning district. This is to help regulate density.  Although the property is 32 acres in size, there is already one single family dwelling onsite.  In addition, no building permits were obtained for this structure and staff is unsure as to whether or not the structure is indeed occupied without a Certificate of Occupancy having been issued.  Staff findings are as follows:  1. The property is zoned O-Open.  2.  The O-Open zoning district permits only one dwelling per parcel. 3. The property owners/occupants brought this second dwelling onsite without the benefit of County approval.  4. Water issues may prevent the owners from ever being able to obtain County approval. 5. The continued use of the property, in violation of the zoning regulations, will affect property values in the area.

Staff recommendation is for the Board of County Commissioners to find that a violation exists, require compliance within the following noted timeframes, and authorize legal action if the deadline is not met.  Compliance would require:  1) The structure be removed from the parcel, within 30 days, and relocated to a permitted location.  OR  2)  The property owner to submit a complete Planning application for an Extended Family Dwelling within 30 days. Should that application be approved, all required building permits must be obtained and finalized within 90 days. Should the application be denied, the property owner will be required to remove the structure within 30 days from the parcel and relocate it to a permitted location. 

Ms. Delude stated that the property owners were present.  Mrs. Janet Little addressed the Board and explained that in the midst of trying to correct this zoning violation, their property is now being threatened with foreclosure, as the adjustable rate mortgage on their home has increased and they can no longer afford their house payments.   Mrs. Little also explained that somehow a Quit Claim Deed was illegally recorded, which transferred their property without their knowledge.  Chair Rennels stated that there were obviously issues at hand, but questioned whether or not a cistern would work for the Littles if all other issued were resolved.  Mrs. Little replied in the affirmative.  At this time Chair Rennels opened the hearing up for public comment and Kerri Little, adjoining neighbor, stated that the property owners are in violation as the mobile home is being occupied.  Ms. Little stated that there is an extension cord running to the mobile home providing electricity, and she has witnessed individuals utilizing the mobile home.  Ms. Little expressed concern with the potential decrease of her property value due to the mobile home being placed next door, and she questioned how the sewer needs would be met.  There being no further public comment, Chair Rennels closed this portion of the hearing and asked for the property owner's rebuttal.  Mrs. Little stated that no one is occupying the mobile home; however, many of her daughter and son-in-law's belongings are still housed there, so the extension cord is in place for when they need to enter the home to retrieve items such as their clothing.  Mrs. Little also noted that they have received approval to hook the mobile home up to their electrical and sewer.  Commissioner Gibson stated that there are issues that need to be addressed and recommended tabling this item to a future date in order to give Mrs. Little time resolve them.  

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners table the Little Zoning Violation, File #04-ZV0256, to July 11, 2005, at 3:00 p.m.

Motion carried 2-0.

Their being no further business, the meeting adjourned at 3:35 p.m.

 

 

TUESDAY, MAY 10, 2005   

 

ADMINISTRATIVE MATTERS

(#44)

 

The Board of County Commissioners met at 9:00 a.m. with County Manager Frank Lancaster, Chair Rennels presided and Commissioner Gibson was present.  Also present were:  Neil Gluckman, Donna Hart, Melinda Keen, and Deni LaRue, Commissioners’ Office; Diana Stevens, Veterans Services; Rich Salas, Alicia Martinez, and Leroy Gomez, Latino Issues Working Group; George Hass, and Jeannine Haag, County Attorney's Office; 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 MAY 2, 2005:

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of May 2, 2005, as presented.

 

Motion carried 2-0.

 

3.  REVIEW THE SCHEDULE FOR THE WEEK OF MAY 16, 2005:  Ms. Hart reviewed the upcoming schedule with the Board.

 

4.  CONSENT AGENDA:

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for May 10, 2005:

 

05102005A001           WARRANTY MEMORANDUM FOR OVERLAND PONDS SPECIAL REVIEW (02-Z1736) BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND LAFARGE WEST, INC.

 

05102005A002           WARRANTY MEMORANDUM FOR MILLER MINOR RESIDENTIAL DEVELOPMENT (98-S1360) BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BARBARA J. MILLER

 

05102005D001           DEED OF DEDICATION BY RANDALL S. LAWRENCE OF SAID PROPERTY AS A PUBLIC HIGHWAY

 

05102005R001           FINDINGS AND RESOLUTION APPROVING THE SCHWARZ MINOR LAND DIVISION

 

LIQUOR LICENSES:  The following licenses were both issued and approved:  Cordova's Horsetooth Lighthouse - Hotel & Restaurant - Fort Collins; Fox Acres Country Club - Hotel & Restaurant with Optional Premises - Red Feather Lakes.   The following action was approved:  White Buffalo - Modification of Premises - Loveland.

 

Motion carried 2-0.

 

5.   ARMED FORCES WEEK RECOGNITION BY LARIMER COUNTY:  Ms. Stevens explained that Armed Forces Day is May 21, 2005; she noted that there are many local area soldiers and veterans on active duty presently stationed in war zones.  Ms. Stevens requested that the Board proclaim the week of May 15 through May 21, 2005 as Armed Forces Week in recognition of the men and women that serve our country, especially during a time of war.  Commissioner Gibson read the proclamation aloud.  

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners proclaim the week of May 15 - 21, 2005 as Armed Forces Week.

 

Motion carried 2-0.

 

6.  CREATION OF THE LARIMER COUNTY LATINO ISSUES TASK FORCE:  Mr. Salas delivered the first few minutes of his presentation in Spanish so those in the room could sense the language barrier that the Hispanic community often experiences.  Mr. Salas noted that the Latino Issues Working Group has had several meetings and requested the Board's support and approval to create a formal task force to assist the County in identifying and addressing the needs of the Hispanic and Latino communities in Larimer County.  Mr. Salas explained that they would like to have approximately 21 individuals serving on the task force, and these individuals would include some younger members as well as a diverse cross section of the Latino communities.  Commissioner Gibson noted some concern with singling out a specific ethnic group and questioned if the task force would be better served by focusing on issues for all minority groups in the county.  Much discussion ensued.   Ms. Martinez stated that approving the Latino Issues Task Force could be a means to pave the way for other minority groups.   Mr. Salas stated that they are focused on Latino issues because that is the ethnic group they belong to and can identify with the issues at hand.  Mr. Lancaster noted that approximately 8% of the citizens of Larimer County are Hispanic or Latino; therefore, it is by far the largest minority group in the community.   Mr. Lancaster stated that it would behoove the County to gain a better understanding of the needs of the Latino community as this customer base will continue to grow.  Mr. Lancaster also noted that creating this task force would help foster cultural sensitivity across the county as a whole.  Chair Rennels stated that she supports the creation of the Latino Issues Task Force, but recommended that it be limited to no more than 15 members, with one staff liaison assigned.  Chair Rennels also noted that the task force would be reviewed each year (as are all Boards and task forces) in order to determine whether it is effective and beneficial to the County.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the creation of the Latino Issues Task Force. 

 

Motion carried 2-0.

 

7.  TO SUNSET THE PREBLE'S MEADOW JUMPING MOUSE BLUE RIBBON COMMITTEE: Mr. Helmick explained that the Board of County Commissioners appointed a Task Force in 1999 to help advise and react to action of the State of Colorado and the U.S. Fish and Wildlife Service listing the Preble's Meadow Jumping Mouse (PMJM) as a threatened species.  Mr. Helmick noted that the task force has not met in over 4 years and the PMJM is under consideration to be de-listed as a threatened species; therefore, Mr. Helmick requested that the Board sunset the PMJM Blue Ribbon Committee.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve of sunsetting the Preble's Meadow Jumping Mouse Blue Ribbon Committee.

 

Motion carried 2-0.

 

8.  FIRST READING OF THE FIRE RESTRICTIONS ORDINANCE:  Mr. Lancaster stated the there was some language in the previous version of this ordinance that was a bit unclear and confusing, and it has been re-written to clarify where and when smoking can occur, and refers to fire restrictions versus fire bans, which to some meant that absolutely no open fires could be utilized.   Mr. Lancaster clarified that this ordinance allows the Board of County Commissioners to impose fire restrictions when necessary.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the First Reading of the Fire Restrictions Ordinance.

 

Motion carried 2-0.

 

9.  LEGISLATIVE UPDATE:  Mr. Gluckman updated the Board on the status of pending legislation.

 

10.  WORKSESSION:  Mr. Lancaster explained that Tom Maloney passed away this weekend and he wanted to publicly recognize this and thank Mr. Maloney for all of his hard work on the Rural Land Use Board, as well as his wife, Betty Maloney, for her efforts as observer for the League of Women Voters. 

 

Mr. Lancaster noted that he has been working on Ms. Van Gorder's request for information pertaining to the Citizen Review Panel for the Child Protection Services; however, the County Attorney is still determining which information can be publicized.  Once that is completed, he will have an update for both the Board and Ms. Van Gorder.

 

Finally, Mr. Lancaster stated that all of the Commissioners have received a letter from Senator Salazar regarding which federal road projects the Board would like to see funded.  Mr. Lancaster restated Commissioner Wagner's suggestion that the Board confer with Marc Engemoen and Cliff Davidson to identify the key projects and then present them on behalf of the Board as a whole.  The Board agreed with this suggestion. 

 

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

 

17.  LEGAL MATTERS:  Mr. Hass presented the Federal Equitable Sharing Agreement on behalf of the Sheriff's Department, which sets forth the requirements and restrictions regarding the use of federally forfeited cash, property, proceeds and any interest earned thereon.  Mr. Hass requested the Board's approval on this document.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the Federal Equitable Sharing Agreement.

 

Motion carried 2-0.

 

05102005A003           FEDERAL EQUITABLE SHARING AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE DEPARTMENT OF THE TREASURY, AND THE LARIMER COUNTY SHERIFF'S DEPARTMENT.

 

EXECUTIVE SESSION - Tape #45

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners go into Executive Session for negotiations as outlined in 24-6-402 (4) (e) C.R.S.

 

Motion carried 2-0.

 

The Executive Session ended at 12:05 p.m., no further action was taken.

 

 

THURSDAY, MAY 12, 2005

 

 

ABATEMENT HEARING FOR

GENERAL ELECTRIC CAPITAL CORPORATION

(#46)

 

The Board of County Commissioners met at 10:30 a.m. to consider the Petition for Abatement for General Electric Capital Corporation.  Chair Pro-Tem Gibson presided and Commissioners Rennels and Wagner were present.  Also present were:  Jon Cowling, Diane Norman, and Ann Piccone, Assessor's Office; and Gael Cookman, Deputy Clerk.

 

Ms. Norman presented the Board with Petitions for Abatement for General Electric Capital Corporation, for the years 2001 and 2002, regarding Schedule Number 8271775.  Mr. Cowling explained that the Assessor's Office is recommending denial for the year 2001, due to the fact that according to Colorado law, a petition for abatement can only be filed for a refund of taxes up to 2 years prior; since it is now 2005, the petitioner missed the 2 year window of opportunity to petition for abatement.   Chair Pro-Tem Gibson noted for the record that the petitioner was not present and there was no public attending this hearing.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners deny General Electric Capital Corporation's Petition for Abatement for the year 2001, regarding Schedule Number 8271775.

 

Motion carried 3-0.

 

Mr. Cowling noted that General Electric Capital Corporation also filed for an abatement of taxes for the same schedule number for the year 2002.   Mr. Cowling stated that the Assessor's Office is recommending denial of the abatement due to the fact that the petitioner already protested this schedule number in 2002 and it was adjusted downward.  Mr. Cowling explained that General Electric Capital Corporation also claims that there should have been another individual listed on the account; however, when researching the Assessor's records, this individual was not registered to the account in 2002.   Again, Chair Pro-Tem Gibson noted for the record that the petitioner was not present and there was no public attending this hearing.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners deny General Electric Capital Corporation's Petition for Abatement for the year 2002, regarding Schedule Number 8271775.

 

Motion carried 3-0.

 

The meeting adjourned at 10:40 a.m.

 

 

 

    __________________________________________

                                    KATHAY RENNELS, CHAIR

                        BOARD OF COMMISSIONERS

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

___________________________________

Gael M. Cookman, Deputy Clerk 

 

 

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