> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 05/30/06  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

MONDAY, MAY 29, 2006

 

The Courthouse Offices were closed in observance of Memorial Day.

 

TUESDAY, MAY 30, 2006

 

ADMINISTRATIVE MATTERS

(#61)

The Board of County Commissioners met at 9:00 a.m. with County Manager Frank Lancaster.  Chair Gibson presided and Commissioner Wagner was present.  Also present were: Deni LaRue, and Donna Hart, Commissioners Office; Marc Engemoen, Public Works Department; Mark Peterson, Engineering; Joe Ferrando, and Mike Ruttenberg, Community Corrections; Jeannine Haag, County Attorney; and Gael Cookman and Kristen Romary, Deputy Clerks.

 

1.  PUBLIC COMMENT:  David Gertler addressed the Board and discussed the concerns he has with daily fines being assessed to his property and personal vehicle.  He claims that he is being charged $100.00 per day for building materials located on his property along with $100.00 per day for driving a 25 year old vehicle.  Mr. Gertler asked that the Commissioners respond to these issues.  Commissioner Gibson assured Mr. Gertler that the County Attorney would be contacted, and someone would get in touch with him regarding his issues soon.

 

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF MAY 22, 2006:

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve the minutes for the week of May 22, 2006.

Motion carried 2-0.

 

3.  REVIEW OF THE SCHEDULES FOR THE WEEK OF JUNE 5, 2006 AND JUNE 12, 2006Ms. Hart reviewed the upcoming schedules 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 May 30, 2006:

 

05302006A001           WARRANTY MEMORANDUM FOR POUDRE OVERLOOK PLANNED UNIT DEVELOPMENT PHASE 2 (98-S1305)

05302006A002           FIRST AMENDMENT TO CONCESSIONS AGREEMENT BETWEEN OVATIONS FOOD SERVICES, L.P. AND GLOBAL SPECTRUM, L.P. AND THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY

05302006D001           DEED OF DEDICATION BY ROBERT T. ARNDT FOR SAID PROPERTY AS A PUBLIC HIGHWAY

05302006D002           DEED OF DEDICATION BY WACHOVIA BANK FOR SAID PROPERTY AS A PUBLIC HIGHWAY

05302006D003           DEED OF DEDICATION BY WILLIAM L. AND SANDRA K. GREYBAR FOR SAID PROPERTY AS A PUBLIC HIGHWAY

05302006D004           DEED OF DEDICATION BY WINNIFRED A. BURTNER FOR SAID PROPERTY AS A PUBLIC HIGHWAY

05302006D005           DEED OF DEDICATION BY KEITH E. SHADER AND BARBARA J. SHADER FOR SAID PROPERTY AS A PUBLIC HIGHWAY

05302006D006           DEED OF DEDICATION BY MARK KEVIN DEINES FOR SAID PROPERTY AS A PUBLIC HIGHWAY

05302006D007           DEED OF DEDICATION BY DONALD V. COY AND BETH A. MAYNARD FOR SAID PROPERTY AS A PUBLIC HIGHWAY

05302006D008           DEED OF DEDICATION BY GILBERT G. BOYER AND LORETTA J. BOYER FOR SAID PROPERTY AS A PUBLIC HIGHWAY

05302006R001           RESOLUTION CORRECTING FINDINGS AND RESOLUTION APPROVING THE MCDONALD SUBDIVISION AND THE APPEALS TO SECTION 8.14.2.M, SECTION 8.14.2.F AND SECTION 4.3.L

05302006R002           LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 1, 2, & 3 OF MILLER CREEK HEIGHTS SUBDIVISION

05302006R003           RESOLUTION ORDERING A PUBLIC HEARING TO CONSIDER PETITIONS FOR A PUBLIC IMPROVEMENT DISTRICT

 

05302006R004           RESOLUTION FOR THE ACQUISITION OF THE NYE/HEPTING PROPERTY

 

LIQUOR LICENSES:  The following licenses were approved and issued: Rocky Mountain Gateway #1 – Hotel and Restaurant – Estes Park; Rocky Mountain Gateway #2 - 3.2% - Estes Park.

Motion carried 2-0.

 

5.  COMMISSIONER REPORTS:  The Board discussed their attendance at events during the past week. 

 

6.  OBTAIN BOARD OF COUNTY COMMISSIONERS’ APPROVAL OF LARIMER COUNTY’S RESPONSE TO THE BUREAU OF JUSTICE ASSISTANCE FY2006, JUSTICE AND MENTAL HEALTH COLLABORATION PROGRAM COMPETITIVE GRANT ANNOUNCEMENT:  This is the Bureau of Justice Assistances’ first grant offering resulting from the passage of the Mentally Ill Offender Treatment & Crime Reduction Act of 2004.  The purpose of this funding is to expand existing programs.  The current jail diversion program, AIIM, also known as Alternatives to Incarceration for Individuals with Mental Health Needs, is designed to serve mentally ill offenders who meet the acceptance criteria.  Joe Ferrando and Mike Ruttenberg of the Community Corrections Department addressed the Board and requested that the Commissioners approve the grant.  Mr. Ferrando described different aspects of the plan, and explained that it would be a renewable four year grant.  He also explained some of the daily costs of the current program, and emphasized that the new grant would act as supplemental money for a range of services.

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve the submission of Larimer County’s response to the Bureau of Justice Assistance FY2006, Justice and Mental Health Collaboration Program competitive grant announcement.

Motion carried 2-0.

 

7.  WORKSESSION:  Mr. Lancaster raised the issue of a Railroad Program which includes a new Quiet Zone Establishment.  The City of Fort Worth, Texas, Transportation and Public Works Department, was granted the authority to create quiet zones at railroad crossings because of a recently approved Federal Railroad Administration’s (FRA) Train Horn Rule design and certification requirements, which became effective June 24, 2005.  Mr. Lancaster asked the Board if this was an issue that Larimer County wanted to pursue.  Mr. Engemoen and Mr. Peterson highlighted some of the terms and conditions of the Quiet Zone Establishment and talked about the possibilities of Median Barriers, Wayside Horn Systems, Four-Quadrant Gate Systems, and Street Closures.  Mr. Engemoen advised the Board that this sort of program would not be funded by the railroad, so it is the responsibility of the City or County to pay for the changes.  He said that at this time, the City is not interested, and does not consider it a high priority issue. 

Mr. Lancaster then discussed the Library District issue and stated that it has been an extremely confusing process.  He explained that part of Wellington and all of Red Feather Lakes would most likely be excluded based on city boundaries and already established Library Districts.

Mr. Lancaster also talked about election funding and briefly covered some issues at the Detention Center.

 

8.  ALLOCATION OF SPECIAL PROJECT FUNDS TO SUPPORT NON-PROFITS’ PARTICIPATION IN THE COUNTY FAIR:  Mr. Lancaster discussed the option of using $600.00 from the County’s Special Project Fund each year to supplement the cost of entry fees into the County Fair for non-profit organizations.  Commissioner Wagner agreed with this idea and questioned how the funds would be divided among the non-profit groups.  She suggested that a maximum of $200.00 be set for each non-profit organization requesting assistance.

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve the allocation of $600.00 from the Commissioner's Special Project Fund to enable the Fair Board’s support of non-profit participation in the County Fair, with a maximum of $200.00 per request.

Motion carried 2-0.

 

9.  LEGAL MATTERS:  Executive Session (affidavit provided).

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners go into Executive Session for the purpose of receiving legal advice on specific legal questions, as outlined in 24-6-402(4)(b) C.R.S.

Motion carried 2-0.

 

The Executive Session ended and the following action was taken:

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners authorize the County Attorney to initiate Eminent Domain Proceedings against John and Susan Merriam, and Bennett and Carolyn Reding in order to secure right-of-way along County Road 38E.

Motion carried 2-0.

 

05302006R005           RESOLUTION REGARDING REPACEMENT OF BRIDGES AND IMPROVEMENTS ON COUNTY ROAD 38E (JOHN AND SUSAN MERRIAM)

 

05302006R006           RESOLUTION REGARDING REPLACEMENT OF BRIDGES AND IMPROVEMENTS ON COUNTY ROAD 38E (BENNETT AND CAROLYN REDING)

 

The meeting adjourned at 11:05 with no further action taken.

 

THURSDAY, JUNE 1, 2006

 

ABATEMENT HEARING

(#64)

The Board of County Commissioners met at 1:30 p.m. to consider one Petition for Abatement.  Chair Gibson presided, and Commissioner Wagner was present.  Also present were: Ann Piccone and Linda Arnette, Assessor’s Office; Donna Clark, applicant; and Angela Myers and Kristen Romary, Deputy Clerks.

 

1.  ABATEMENT HEARING FOR DONNA M. CLARK:  Linda Arnette addressed the Board, and described the location of Ms. Clark’s home.  Ms. Arnette explained the comparables chart as outlined in a packet distributed among the Commissioners. 

Ms. Clark spent some time giving an overview of the documentation she presented to the Commissioners and the Assessor.  Based on her findings, she feels as though the assessed value of her home is inaccurate and too high.  She requested that the Board reconsider the value of her home and evaluate the property at $280,000 for 2005. 

After review of the packet, and some discussion, Commissioner Wagner felt that the actual value of $428,700 sounded accurate, but because the property valuation had not been kept current, she would agree to change the amount to $400,000.  Commissioner Wagner warned the applicant that her property value would most likely increase next year as well.

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners support a recommendation of $400,000 for the actual value for 2005 for Schedule Number: R1227009, regarding the property located at 2728 Cumulus Drive in Estes Park.

Motion carried 2-0.

 

The meeting recessed at 2:15 p.m.

 

HEARING FOR ADOPTION OF FIRE RESTRICTION IN LARIMER COUNTY

(#64)

The Board of County Commissioners reconvened at 2:20 p.m. with Assistant County Manager Neil Gluckman.  Chair Gibson presided and Commissioner Wagner was present.  Also present were:  Deni LaRue, Commissioner’s Office; Kevin Johnston, Emergency Services; and Angela Myers and Kristen Romary, Deputy Clerks.

Mr. Gluckman said that he received a request from the Sheriff’s Office to impose a Fire Restriction beginning June 1, 2006, and continuing through July 11, 2006.  Due to extreme dryness in the area, the restriction will affect the use of open fires, and public fireworks only.

Mr. Johnston stated that this restriction is based on the annual operating plan for requirements to go into a ban or restriction.  At this time Larimer County falls into or above three of the criteria used to assess a fire restriction.

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve the Resolution Declaring Fire Restrictions in Larimer County.

Motion carried 2-0.

 

06012006R001           RESOLUTION DECLARING FIRE RESTRICTIONS IN LARIMER COUNTY

 

The meeting adjourned at 2:27 p.m. with no further action taken.

 

 

  __________________________________________

                        GLENN W. GIBSON, CHAIR

BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

___________________________________

Angela Myers

 

___________________________________

Kristen Romary, Deputy Clerk