> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 06/30/08  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, JUNE 30, 2008

 

 

There were no Land Use Hearings scheduled on this day. 

 

 

TUESDAY, JULY 1, 2008

 

 

ADMINISTRATIVE MATTERS

(#226)

 

The Board of County Commissioners met at 9:30 a.m. with County Manager Frank Lancaster.  Chair Gibson presided and Commissioners Eubanks and Rennels were present.  Also present were Donna Hart, Diane Tokarz, and Deni LaRue, Commissioners’ Office; Gailmarie Kimmel, Local Living Economy Project; Hill Grimmett, Food Incubator Team; Kathy Snell, Health and Human Services Department; Doug Ryan, Environmental Health Department, Liz DeJong, Wellness Coordinator; Gary Buffington, and Dave Lentz, Natural Resources Department; Major Bill Nelson, and Lorraine Spindler, Sheriff’s Department; Andy Paratore, and Michael Kirk, Facilities and Information Technology Division; and Gael Cookman, Deputy Clerk.

 

1.  PUBLIC COMMENT:   There was no public comment today.

 

 

2.   APPROVAL OF THE MINUTES FOR THE WEEK OF JUNE 23, 2008Approval of the minutes was postponed until the following week.

 

 

3.    REVIEW OF THE SCHEDULE FOR THE WEEK OF JUNE 30, 2008:   Ms. Hart reviewed the upcoming schedule with the Board.

 

4.    CONSENT AGENDA: 

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the following items, as presented on the Consent Agenda for July 1, 2008:

 

PETITIONS FOR ABATEMENT:  As recommended by the County Assessor, the following Petitions for Abatements are presented for approval:  Lynne Nichols; and Donald Faught. 

 

07012008A001           DEVELOPMENT AGREEMENT   FOR BLUE MOUNTAIN RANCH AMENDED SPECIAL REVIEW BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, COLORADO AND RED FEATHER CHARITABLE LLC, AND EDUCO SCHOOL OF COLORADO

 

07012008A002           AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND SOLBOURNE COMPUTER, INC.

 

07012008A003           COMMUNITY DEVELOPMENT BLOCK GRANT SUBCONTRACT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND NEIGHBOR TO NEIGHBOR, INC.

 

07012008A004           FIRST AMENDMENT TO LEASE BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, AND GB VENTURES, LLP, FOR PROPERTIES AT PLUM TREE PLAZE 

 

07012008R001           RESOLUTION REGARDING EXTENSION OF APPROVAL OF SMALL MALL CONDOMINIUMS

 

07012008R002           RESOLUTION DECLARING THE INTENTION OF THE BOARD OF COUNTY COMMISSIONERS TO CREATE A LOCAL IMPROVEMENT DISTRICT WITHIN THE COUNTY, TO BE DESIGNATED AS LARIMER COUNTY LOCAL IMPROVEMENT DISTRICT NO. 2008-1 – HIDDEN VIEW ESTATES

 

07012008R003           FINDINGS AND RESOLUTION APPROVING THE ROTH II PRELIMINARY RURAL LAND PLAN

 

LIQUOR LICENSES:  The following license was both approved and issued:  Riverbend Resort – 3.2% - Loveland.  The following permits were approved:  CSU Ag Day Board of Governors – 3.2% Special Event Permit - Fort Collins; and CSU Board of Governors – 3.2% Special Event Permit – Red Feather Lakes.

 

Motion carried 3-0.

 

 

5.    SPONSORSHIP FOR BE LOCAL COUPON BOOK #3, 2008 EDITION:  Ms. Kimmel presented the 2008 edition of the Be Local Coupon book, and the Eat Local Food map.  She then reviewed the history of the program, noting their focus was to promote and encourage community support of local farmers and their produce.  She introduced Mr. Grimmett and explained the partnership with the Food Incubator program.  Ms. Kimmel requested that Larimer County consider participating in this effort as a $1200 sponsor of the program.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the use of $1200 from the Commissioners’ Special Projects Fund for the Be Local Coupon Book #3, 2008 edition, with benefits.

 

Motion carried 3-0.

 

6.    APPOINT BOARD OF DIRECTORS FOR THE LARIMER COUNTY FOUNDATIONMs. Snell stated that this item was a follow up to the Board approving the formation of the Larimer County Foundation, a 501c3 non-profit organization.  She recommended that the following individuals be appointed to serve as the initial directors of the foundation: Ginny Riley, Joe Ferrando, Laurel Kubin, Adrienne Lebailly, Joni Friedman, Kathy Snell, and Carol Block.   She then noted that they would need a commissioner appointed as an additional director.  Commissioner Rennels volunteered to serve in this capacity initially, and Mr. Lancaster stated that he would add this duty to the Board assignments that are rotated annually.

 

M O T I O N

 

Commissioner  Eubanks moved that the Board of County Commissioners approve and appoint the recommended slate of nominations to serve as initial Directors of the Larimer County Foundation, and appoint Commissioner Rennels as an additional Director.

 

Motion carried 3-0.

 

7.    CHANGE IN SHERIFF’S RECORDS FEES:  Major Nelson and Ms. Spindler  explained that the law has changed regarding what they can charge for copies of records.  They presented a new fee chart which reduced copy fees for standard records from fifty cents, to twenty-five cents.  The fee chart also outlined fees for special searches that involve more staff time; therefore, are more costly to the customer.  Some discussion ensued.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the new fees pertaining to Sheriff’s Records requests.

 

Motion carried 3-0.

 

07012008R004          RESOLUTION TO APPROVE A CHANGE IN THE FEE SCHEDULE FOR LARIMER COUNTY SHERIFF’S OFFICE RELATING TO RELEASE OF CRIMINAL JUSTICE RECORDS

 

8. UPDATE ON GO GREEN CAMPAIGN:   Mr. Ryan and Ms. DeJong presented an update for the Board on the GO GREEN campaign, which is a six-month program designed to encourage County employees to use alternative transportation.  Mr. Ryan explained that the County has partnered with Transfort for technical support, promotional materials, and prizes for riding Transfort.  Ms. DeJong presented a list of prize ideas that they would like to also award as incentives for employee participation, and requested funding from the Commissioners to pay for the incentive awards.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the expenditure of $1000 from the Commissioners’ Special Project Fund to support the GO GREEN program.

 

Motion carried 3-0.

 

Mr. Lancaster then noted that the item pertaining to the District Attorney’s Fund Balance would be removed from today’s agenda and brought back at a later date.

 

9.  FUND THE 2008 FOREST HEALTH – MOUNTAIN PINE BEETLE – BIOMASS UTILIZATION PROJECT:  Mr. Buffington and Mr. Lentz explained the proposal noting that it will provide initial collection sites in strategic areas of the county to gather woody biomass, encourage forest health, and promote Mountain Pine Beetle wood for renewable uses.  Mr. Buffington stated that the total request was for $28,800.00, and he gave the breakdown of how the funds would be utilized.  He explained that the two collection sites for 2008 would be Meeker Park in the Estes Valley, and in the Stove Prairie/Rist Canyon area.  Discussion ensued regarding how/where the wood chips would be used or distributed, and Mr. Lentz stated that they could be used at Colorado State University or other commercial vendors.  The Board supported the request, but want to see measurable statistics at the completion of this initial project.

 

M O T I O N

 

Eubanks moved that the Board of County Commissioners approve funding the requested amount of $28,000 for the 2008 Forest Health – Mountain Pine Beetle – Biomass Utilization Project.

 

Motion carried 3-0.

 

10.    APPOINTMENT TO BOARDS AND COMMISSIONS:  Ms. Tokarz presented the following recommended appointments and reappointments to Board and Commissions and requested approval of the same: 

 

Citizen Review Panel:  Jeffrey Martin and Mark Mills appointed for a 3-year term beginning July 1, 2008, and expiring June 30, 2011.  Arthur Trevethick reappointed for a 3-year term beginning July 1, 2008, and expiring June 30, 2011.

 

LaPorte Area Planning Advisory Committee:  Craig Hults appointed for a 3-year term beginning July 1, 2008, and expiring June 30, 2011.  Mandy Kotzman and Cordelia Stone reappointed for a 3-year term beginning July 1, 2008, and expiring June 30, 2011.

 

Planning Commission:  Thomas Benton appointed for a 3-year term beginning July 1, 2008, and expiring June 30, 2011.

 

Rural Land Use Board:  William Prewitt appointed for a 3-year term beginning July 1, 2008, and expiring June 30, 2011.  Mark Korb and William Sears reappointed for a 3-year term beginning July 1, 2008, and expiring June 30, 2011.

 

Workforce Investment Board:  Deborah Hasler, Larry McCulloch, and Yvonne Myers reappointed for a 4-year term beginning July 1, 2008, and expiring June 30, 2012.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the appointments and reappointments to Boards and Commissions, as outlined above.

 

Motion carried 3-0.

 

11.  REVISED COUNTY POLICY ON WEB SITE AND INTERNET USE:  Mr. Paratore presented the updated County policy on website and Internet use.  Commissioner Rennels explained the need to explore offering interactive options, such as blogs, since this is becoming a mainstream method for communications.  The Board requested additional time to review the policy.  Mr. Paratore will bring it back next week for final approval. 

 

12. COUNTY MANAGER WORKSESSION:  There were no worksession items to discuss.

 

13:  COMMISSIONER ACTIVITY REPORTS:  The Board reviewed their activities from the past week. 

 

14.  LEGAL MATTERS:  Executive Session (Tape #227)

 

Mr. Paratore and Mr. Kirk requested that the Board go into Executive Session to discuss land negotiations. 

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners go into Executive Session to discuss 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.

 

The meeting recessed at 11:40 a.m., with no further action taken.

 

 

 

 

LIQUOR LICENSE SHOW CAUSE

HEARING FOR POLO’S TAVERN

(#228)

 

 

The Board of County Commissioners reconvened at 2:00 p.m. with Assistant County Attorney Linda Connors.  Chair Gibson presided and Commissioners Eubanks and Rennels were present.  Also present were:  Don Johnson, Attorney representing Larimer County; Sergeant John Feyen, Sheriff’s Department; Lila Brewster, Court Reporter; and Gael Cookman, Deputy Clerk.

 

Ms. Connors explained that the Attorney representing the owner of Polo’s
Tavern had informed her that the owner wishes to forgo the hearing, and surrender his liquor license.

 

Attorney Zachary Wilson, and owner Apolonio Basurto, addressed the Board.  Ms. Connors asked if Mr. Basurto wished to proceed with the hearing, and he stated that he did not wish to go forward with the hearing and that he wanted to surrender his liquor license.  Ms. Connors stated that Mr. Basurto would be required to sign a form stating his desire to surrender his license.  Mr. Basurto agreed to sign the form.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners accept the surrender of Polo’s LLC liquor license, number 41-59193-0000, located at 1901 E Lincoln Ave, Fort Collins, Colorado, 80524.

 

Motion carried 3-0.

 

The hearing ended at 2:05 p.m.

 

 

WEDNESDAY, JULY 02, 2008

 

 

PUBLIC IMPROVEMENT DISTRICT (PID)

HEARINGS

(#229)

 

The Board of County Commissioners met at 6:30 p.m. with Rex Burns, Senior Civil Engineer.  Chair Gibson presided and Commissioner Eubanks was present.  Also present were:  Linda Sanders, Engineering Department, and Gael Cookman, Deputy Clerk.

 

 

1.  PUBLIC IMPROVEMENT DISTRICT NUMBER 42 – COTTONWOOD SHORES:  Mr. Burns explained that the proposed PID is located on the north side of East County Road 58 and on the west side of north County Road 9.  He explained that there are 26 lots in the proposed district, and that 60.09% of the property owners signed the petition in favor of the improvement district.  Mr. Burns stated that they will be voting on a 20.407 mill levy to create $26,000 in revenue each year, which equals approximately $1000 per lot. 

 

Chair Gibson opened up the hearing for public comment and Pat Hess addressed the Board, noting that he personally circulated the petition and only one person refused to sign it.  He stated that they do have the Homeowners Association’s (HOA) support and requested the Board approve of placing this issue on the ballot in November.

 

Ed Rupert addressed the Board and stated that the roads are already in need of repair and the formation of a PID will help them maintain their property values.

 

Christopher Reilly stated that bringing the HOA together was challenging; however, the property owners are seeing the value of creating the PID and do support it as well.

 

Tracy Foster stated that it has been great working with everyone at the County and appreciated their expertise.  He stated that he is definitely in favor of creating the PID.

 

There was no further public comment.

 

Chair Gibson clarified, and Ms. Sanders confirmed, that the Board of Directors for the PID could lower the mill levy, but could not increase it past the 20.407 mills without holding another election.   The Board unanimously supported the idea of creating a Public Improvement District for the Cottonwood Shores subdivision.

 

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners adopt the resolution approving the Petition for the Organization of Larimer County Cottonwood Shores Public Improvement District No. 42, and refer it to the ballot for the 2008 November election.

 

Motion carried 2-0.

 

07022008R001           RESOLUTION APPROVING PETITION FOR THE ORGANIZATION OF LARIMER COUNTY COTTONWOOD SHORES PUBLIC IMPROVEMENT DISTRICT NO. 42

 

 

2.  PUBLIC IMPROVEMENT DISTRICT NUMBER 37 – TERRY COVE:  Mr. Burns explained that Terry Cove is located west of Terry Lake Road, north on County Road 56.  He stated that there are 18 lots in the proposed district and that 68.75% of the property owners signed the petition in favor of the improvement district.  Mr. Burns stated that the property owners will be voting on an 8.969 mill levy to create $9,000 in revenue each year, which equals approximately $500 per lot.  He noted that several written comments supporting the proposed district were included in the commissioner’s packets.

 

Chair Gibson opened up the hearing for public comment and Mary Nowak stated that she was the President of the Terry Cove HOA and explained that this proposal has been discussed at numerous meetings.  Ms. Knowack noted that 14 of the 18 lots have indicated that they would like to see this placed on the ballot.  

 

Donald Blanchard questioned whether or not the fire lane that is within their subdivision would be maintained with this proposal.  Ms. Sanders stated that she did include maintenance of the fire lane with their estimates. 

 

Dave Pusey stated that he was in support of creating the PID.

 

There was no further public comment.

 

The Board supported the idea of creating a Public Improvement District for the Terry Cove subdivision

 

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners adopt the resolution approving the Petition for the Organization of Larimer County Terry Cove Public Improvement District No. 37, and refer it to the ballot for the 2008 November election.

 

Motion carried 2-0.

 

07022008R002           RESOLUTION APPROVING PETITION FOR THE ORGANIZATION OF LARIMER COUNTY TERRY COVE PUBLIC IMPROVEMENT DISTRICT NO. 37

 

3.  PUBLIC IMPROVEMENT DISTRICT NUMBER 41 – RAINBOW LAKESMr. Burns explained that the Rainbow Lakes subdivision is located at the northwest corner of North County Road 23 and West County Road 8E.  There are 71 lots in the proposed district and 39.60% of all eligible property owners signed the petition in favor of the improvement district.   Mr. Burns explained that 8 of the homes are in foreclosure, 5 properties are owned by non-residents of Colorado, 8 properties are owned by builders, and 7 lots are owned by Colorado residents but have not yet been built upon.  He stated that they will be voting on a proposed 9.714 mill levy to create $35,000 in revenue each year, which equals approximately $493 per lot.  Mr. Burns stated that two comments from individuals opposing the formation of the PID are included in the commissioner’s packets. 

 

Chair Gibson opened up the hearing for public comment and Mike Pirkey, President of the Rainbow Lakes HOA, addressed the Board.  Mr. Pirkey gave his breakdown of the statistics of those eligible to vote on the PID.  He also noted that the roads are privately maintained, yet publicly dedicated.  Mr. Pirkey stated that there are many large trucks towing boats that use their streets repeatedly in order to access to boat docks.   Mr. Pirkey stated that it can be difficult to collect HOA dues and believes the PID will help them tremendously, as they can count on the taxes being collected.  He asked for the Board’s approval on behalf of the property owners in this subdivision.

 

There was no further public comment.

 

Commissioner Eubanks questioned what happens to those properties that are in foreclosure.  Ms. Sanders stated that if the PID is formed, then they will be required to pay their fair share.  The Board agreed to support the formation of the proposed PID.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners adopt the resolution approving the Petition for the Organization of Larimer County Rainbow Lakes Public Improvement District No. 41, and refer it to the ballot for the 2008 November election.

 

Motion carried 2-0.

 

07022008R003           RESOLUTION APPROVING PETITION FOR THE ORGANIZATION OF LARIMER COUNTY RAINBOW LAKES PUBLIC IMPROVEMENT DISTRICT NO. 37

 

There being no further business, the hearing adjourned at 8:20 p.m.

 

 

 

 

 

________________________________

                        GLENN W. GIBSON, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

­­­______________________________________

Gael M. Cookman, Deputy Clerk