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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, July 28, 2008                                      

There were no Land Use Hearings scheduled on this day.

 

Tuesday, July 29, 2008

 

administrative matters

(#240)

 

The Board of County Commissioners met at 9:30 a.m. with Assistant County Manager Neil Gluckman. Chair Gibson presided and Commissioners Eubanks and Rennels were present. Also present were: Frank Lancaster, Deni LaRue and Donna Hart, Commissioners’ Office; Kevin Johnston and Justin Smith, Sheriff’s Office; Kimberly Culp, Larimer Emergency Telephone Authority (LETA); Merlin Green, Emergency Manager; John Gamlin and Bridget Paris, Human Resources Department;  Martina Wilkinson and Christie Coleman, Engineering Department; Andy Paratore, Greg Vickerman and David Rowe, Facilities and Information Technology Division; Matt Lafferty, Planning Department; Gloria Hice-Idler, Colorado Department Of Transportation (CDOT); George Hass, County Attorney; Gael Cookman and Melissa Lohry, Deputy Clerks.

 

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

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF JULY 21, 2008:

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the minutes for the week of July 21, 2008.

 

Motion carried 3-0. 

 

3.    REVIEW OF THE SCHEDULE FOR THE WEEK OF August 4, 2008:  Ms. Hart reviewed the upcoming schedule with the Board.

 

4.    CONSENT AGENDA: Commissioner Eubanks requested that Resolution #7 be removed from the consent agenda for discussion by the Board.

 

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 29, 2008; with the exclusion of Resolution #7:

 

07292008A001           WARRANTY MEMORANDUM AGREEMENT FOR SILO ESTATES SUBDIVISION 05-S2394 BETWEEN THE BOARD OF COUNTY COMMISSIONERS, AND DANIEL L. HERSHMAN

 

07292008A002           INMATE PHARMACEUTICAL SERVICES AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, AND WESTWOOD PHARMACY

 

07292008A003           INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF SERVICES AND AID IN PREPARATION FOR AND DURING THE DEMOCRATIC NATIONAL CONVENTION BETWEEN THE BOARD OF COUNTY COMMISSIONERS, AND THE COUNTY OF DENVER

 

07292008A004           AGREEMENT TO PURCHASE SERVICES FROM THE CENTER – GETTING AHEAD IN A JUST GETTING BY WORLD PROGRAM BETWEEN THE BOARD OF COUNTY COMMISSIONERS, AND temporary assisstance for needy families

 

07292008A005           CONSTRUCTION AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, AND A-1 CHIPSEAL COMPANY

 

07292008D001           DEED OF DEDICATION BY SILVER TRIO, LLC FOR SAID PROPERTY AS A PUBLIC HIGHWAY

 

07292008R001           RESOLUTION APPROVING THE AMENDMENT TO SADDLE RIDGE ACRES PUD LOTS 3A, 3B AND OUTLOT A

 

07292008R002           RESOLUTION APPROVING THE AMENDED PLAT OF LOTS 10 AND 11 IN BLOCK 3 OF GLEN HAVEN SUBDIVISION

 

07292008R003           RESOLUTION APPROVING THE VACATION OF A PORTION OF THE RIGHT-OF-WAY FOR BUCKHORN ROAD AND A PORTION OF A UTILITY EASEMENT IN LOT 5, BUCKHORN ESTATES FIRST FILING

 

07292008R004           RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 62 AND 63 OF CRYSTAL LAKES 12TH FILING AND VACATION OF UTILITY OF EASEMENTS

 

07292008R005           RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 64 AND 65 OF CRYSTAL LAKES 15TH FILING PUD AND VACATION OF UTILITY OF EASEMENTS

 

07292008R006           RESOLUTION APPROVING THE VACATION OF UTILITY EASEMENT ON THE NORTHERN PROPERTY LINE OF TRACTS A AND B OF THE DARE CO. EXEMPTION

 

07292008R009           RESOLUTION APPROVING THE THEISS BOUNDARY LINE ADJUSTMENT

 

07292008R010           RESOLUTION ADOPTING AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE

 

MISCELLANEOUS:             Larimer County Works Policy, County Maintenance of Effort Program.

 

LIQUOR LICENSES:           The following licenses were approved and issued: Aspen Lodge – Hotel and Restaurant – Estes Park; Carter Lake Marina, Inc – Modification of Premises – Loveland; Sunrise Ranch – Special Event 6% – Loveland.

 

Motion carried 3-0.

 

Ms. Sara Wright, Berthoud Library Director; Ms. Dulcie Brown, Assistant Library Director; and Mr. Kim Setter, Attorney presented a resolution for the formation of the Berthoud Library District, comprised of the City of Berthoud and Larimer County, to support the library and its functions.

 

M O T I O N

 

Commissioner Eubanks moved to approve the resolution for the formation of the Berthoud Community Library District.

 

Motion carried 3-0.

 

07292008R007           Resolution Establishing the Berthoud community library district

 

5.         BOARD OF EQUALIZATION:

 

M O T I O N

 

Commissioner Rennels moved to adjourn meeting as the Board of County Commissioners and convene as the Board of Equalization.

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Eubanks moved to approve the recommendations of the Board of Equalization Referees from hearings held July 21 through July 24, 2008.

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Rennels moved to adjourn meeting as the Board of Equalization and reconvene as the Board of County Commissioners.

 

Motion carried 3-0.

 

6.         REVIEW OF AMENDED INTERGOVERNMENTAL AGREEMENT FOR THE ESTABLISHMENT OF THE LARIMER EMERGENCY TELEPHONE AUTHORITY (LETA):  Ms. Culp, stated that the Intergovernmental Agreement for the Establishment of the Larimer Emergency Telephone Authority (LETA) has been revised by the Board of Directors to more accurately reflect the way LETA is currently doing business and to clearly state their responsibilities to the signatories of the Intergovernmental Agreement.  Ms. Culp requested that the Board review the revised agreement and provide feedback as they deem necessary.  There was no action taken, as the IGA will be brought back for final approval at a later date.

 

7.         Compensation Pay Structure:  Ms. Paris and Mr. Gamlin appeared before the Board to address questions and concerns about the proposed compensation pay structure.  Ms. Paris explained to the Board that the pay structure has been posted for all employees to review, and she had received only minimal correspondence in response.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the Compensation Pay Structure as presented.

 

Motion Carried 3-0.

 

8.         Resolution Declaring Fire Restrictions in Larimer County:  Due to increased temperatures and decreased precipitation across most of the county, Sergeant Johnston requested the Board enact fire restrictions prohibiting the use open fires, the use of fireworks, and public firework displays in the unincorporated areas of Larimer County.  Sergeant Johnston requested the restrictions be in place through the Labor Day holiday.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve fire restrictions, as outlined above, through September 2, 2008.

 

Motion carried 3-0.

 

07292008R008           Resolution Declaring Fire Restrictions in Larimer County

 

9.         Middle Bald and Environmental Assessment Direction and Funding:  Mr. Paratore, Mr. Vickerman, Mr. Rowe and Major Smith appeared before the board to discuss the progress of the implementation of an 800 MHz radio system and the transition study from the VHF radio system currently in place. Mr. Paratore requested that $400,000 of the carry-over funds from 2007 allocated to this project be used to purchase DTRS radios and improvements to the radio infrastructure in addition to the use of grant funding to replace or enhance the funds as appropriate. Mr. Paratore also requested the release of up to $210,000 of the existing project budget to fund the current USFS administrative costs and complete the NEPA environmental assessment.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the transfer of carry-over funds from 2007, allocated to this project, as outlined above.

 

Motion carried 3-0.

 

10.       Worksession:  Mr. Gluckman discussed the need to move forward with the Board’s plan to partner with Harter Marketing Solutions to promote awareness of the ballot initiative to create a new mental health and detox facility for the county. The services of Harter Marketing Solutions will total $8,000 to be paid from the Special Projects Fund. The Board gave their approval to move forward as planned.

 

M O T I O N

 

Commissioner Rennels moved that the that the Board of County Commissioners approve the fee of $8,000 for the services to be provided by Harter Marketing Solutions.

 

Motion carried 3-0.

 

Mr. Gluckman then read a resolution from the Weld County Board of County Commissioners in recognition and thanks for the donation of $1 million to the tornado relief efforts. The Weld County Commissioners expressed their gratitude for Board’s quick action and willingness to partner in a time of need.

 

11.       Commissioner Activity Reports:  The Board noted their attendance at events during the past week.

 

12.       legal matters:  Ms. Wilkinson, Ms. Coleman, Mr. Lafferty, have worked since the Land Use Hearing on July 21, in conjunction with Ms. Gloria Hice-Idler from CDOT, to resolve traffic safety hazards on Highway 34 resulting from haul routes utilized by Waste-Not-Recycling.  Staff proposes the restriction of access between Highway 34 and the Kelim Frontage Road via Larimer County Road 3 and Poplar Street with all deferred traffic utilizing the Weld County Road 13 intersection.  In addition to the deferment of traffic, the turn lanes for access to and from Highway 34 must be lengthened to meet safety requirements.  The cost of building adequate turn lanes will be paid by CDOT and completed during the span of their current overlay project.  Ms. Kaylee Comer and Mr. John Barnette were present to represent Ms. Anita Comer, owner and operator of Waste-Not-Recycling, and both were satisfied with the proposed resolution of traffic safety hazards.  Formal adoption of this proposal is scheduled to take place at the 3:00 p.m. Land Use Hearing on August 11, 2008.

 

There being no further business, the meeting adjourned at 10:35 a.m.    

 

 

Land use hearing

(#241 & 242)

 

The Board of County Commissioners met at 6:30 p.m. with Mark Peterson, County Engineer. Chair Gibson presided and Commissioners Eubanks and Rennels were present. Also present were: Rex Burns, Jeri Feil and Martina Wilkinson, Engineering Department; George Haas, County Attorney; and Gael Cookman and Melissa Lohry, Deputy Clerks.

 

Chair Gibson opened the meeting with the Pledge of Allegiance.

 

1.         Intergovernmental agreement (IGA) establishing the boxelder basin regional stormwater authority:  This hearing is to consider approval of an Intergovernmental  Agreement (IGA) for Stormwater Cooperation and Management in the Boxelder Creek Basin.  The proposed IGA is between Larimer County, the City of Fort Collins and the Town of Wellington – collectively referred to as the Members – and would establish the Boxelder Basin Regional Stormwater Authority.  The Authority’s purpose is to jointly fund, build, own and operate the regional stormwater facilities in the Boxelder Creek Basin identified in the Boxelder Creek Stormwater Master Plan dated October 2006.

 

In early 2005, stormwater engineers from various entities gathered to address the remediation of flooding in the FEMA designated floodplain known as Boxelder Creek.  The group pooled funds to collectively prepare a Boxelder Creek Stormwater Master Plan, which was completed in 2006, adopted by Larimer County and the Town of Wellington in 2007 and the City of Fort Collins in 2008.  The Master Plan identifies three regional stormwater improvements to mitigate the flood hazard associated with portions of Coal Creek, Indian Creek and Boxelder Creek in the area between County Road 70 and the confluence of Boxelder Creek with the Cache La Poudre River.  The three regional stormwater improvements and their estimated costs are:

 

1.         Clark Reservoir Stormwater Diversion and Detention Facility – $40 million       

            2.         Edson Stormwater Detention Facility – $40 million       

            3.         Mid Basin Improvements – $2.5 million

 

The total estimated cost of the regional stormwater improvements are $10.5 million. During 2007, representatives from Larimer County, the City of Fort Collins, and the Town of Wellington submitted an application to FEMA for a Pre-Disaster Mitigation (PDM) Grant in the amount of $3 million to fund a portion of the Clark Reservoir Stormwater Diversion and Detention Facility.  The committee was advised of the grant’s acceptance and pending award on May 15, 2008. This grant would cover 28% of the cost of the regional improvements and lessen the cost burden on local jurisdictions.

 

The committee also worked with financial experts who evaluated different approaches to funding of the remaining 72%.  County public improvement districts, county local improvement districts, municipal special improvement districts, Title 32 special districts and a regional stormwater authority were researched as various ways to fund the improvements.  It was then determined that a regional Stormwater Authority, established by the three jurisdictions involved, would be the most effective vehicle for implementation and funding. 

 

The Stormwater Authority’s purpose is to mitigate flood hazards by implementing the regional improvements identified in the Boxelder Creek Stormwater Master Plan.  The Authority would be able to accept grant funding, implement stormwater fees and incur debt.  It would also oversee long term maintenance of regional facilities and continue to pursue state and federal funding options.  The Stormwater Authority and its actions would help protect the health, property, safety and welfare of Larimer County citizens through decreasing the risk of overtopped roads, compromised utilities, emergency service access issues and loss of business services resulting from flooding.  For those properties currently in the floodplain, this project may result in the property being removed from the floodplain, a reduction in the threat of being flooded, or the requirement for flood insurance being eliminated.

 

The Intergovernmental Agreement being proposed would form the Boxelder Stormwater Authority, with the major governance and other provisions as follows:

 

1.         The IGA specifies that the Authority would fund the design, construction, operation and maintenance of the regional stormwater improvements specified by the Boxelder Creek Stormwater Master Plan adopted in October 2006.

 

2.         The authority will be primarily a funding mechanism and not a significant layer of government with multiple employees.

 

3.         The Authority will be directed by a five member Board of Directors.  Each of the three respective governmental entities, Larimer County, Town of Wellington and City of Fort Collins, will appoint one Director.  There are also two unaffiliated directors; one selected jointly by the Town of Wellington and Larimer County and selected jointly by the City of Fort Collins and Larimer County.  At least one of these unaffiliated directors shall not be employed by any member government or an elected official of any member government.  Each director has one vote.

 

4.         The Authority can only be dissolved by a unanimous vote of the members and only if all debts of the Authority have been paid or provided for.

 

5.         The Authority would cooperate and collaborate to improve stormwater quality and protect and enhance Boxelder Creek.  It may include the design of permanent natural habitat and other natural features as part of the stream stability and erosion control improvements to be constructed.

 

6.         The IGA contain provision for the Authority to hire a manager or contract for such services as well as acquire financial auditing, legal and other administrative and professional services as needed. The manager may, but does not have to be an employee of any of the member governments.

 

The financial provisions in the IGA include:

 

1.         A set range of average monthly fees for developed properties and system development fees for newly developing properties anticipated by the Authority.

 

2.         Once proposed by the Authority’s Board of Directors, unanimous approval from participating jurisdictions would be required to approve any changes to the range of fees.  The directors have the authority to set the fees within the range established in the IGA.

 

3.         Financial participation and responsibility is dependent upon each member’s developed area in the basin.  As annexation and development occur over time, participation by members would change accordingly.  The current allocation of financial responsibility is estimated to be: Larimer County participation approximately 50%, Town of Wellington participation approximately 30% and City of Fort Collins participation approximately 20%.

 

4.         The IGA indicates that each entity has, or will create, a stormwater utility to collect fees.  The Utility would set rates and charges and remit to the authority its required financial contribution.  If it elects to do so, the utility could contribute a lump sum payment to the authority equal in amount to the required financial contribution.

 

5.         Fees are assessed to all those properties from which stormwater runoff flows into a creek for which flooding is controlled by authority facilities.  There are two types of fees that would be charged by the authority.  The specific range of fees included in the IGA are:

 

A.        The system development fee is assessed once at the time of new development, commonly at the time that a building is constructed.  It is based on the area of impervious surface associated with the building. This fee is expected to be in the range of $400 to $600 for a single family home and $0.20 to $0.30 per square foot for non-residential development.

 

B.         The monthly user fee is assessed to structures already built, again based on the area of impervious surface associated with the building. The monthly user fee is expected to be in the range of $6.00 to $8.00 per month per square for an average single family home and in the range of $3.00 to $4.00 per each 1,000 square feet of impervious area for non-residential development.

 

The process of informing property owners of the proposed project began in early 2005 and has taken a variety of forms, including: mailings, web pages, press releases, media interviews, public and one-on-one meetings, open houses and outreach to both internal and external groups.

 

If the IGA is approved, the following is expected to take place:

 

1.         July 2008 – Accept grant from FEMA

 

2.         Summer/Fall 2008 – Public outreach for Larimer County Utility

 

3.         November/December 2008 – Create Stormwater Utility and adopt rates for unincorporated Larimer County

 

4.         2009 – Fees for the entire authority service area

 

The above information was presented by Mr. Burns and Mr. Peterson. Staff recommends approval of the Intergovernmental Agreement for Stormwater Cooperation and Management among Larimer County, the City of Fort Collins, and the Town of Wellington. 

 

Chair Gibson then opened the hearing to public comment and the following individuals spoke against the adoption of the agreement: Gary Oquinn, Herbert Contor, John Rutledge, Lori Brunswig, Mark Anspoch, Martin Nelson, Jim Fry, Neil Hailey, Keith Burman and John Kershner.  These individuals expressed concern about: inconsistencies in the depiction of the boundaries of the flood plain; whether or not their properties actually contributed to the floodplain; and the effects on the environment and wildlife in the area.  Many of these individuals also questioned the way in which the fees would be calculated and whether it was fair to charge and entire area to mitigate damage and risk to individuals who chose to build their homes in a floodplain.   

 

The following individuals spoke in support of adopting the agreement: Joe Mokler, Larry Lorentzen, Bob Smith, Carl Maxey and Marj Griffin.  These individuals stated that they believe the fee would be a small price to pay for the benefits that would be gained.

 

Chair Gibson then closed public comment and allowed staff to address the questions and concerns raised by the public.

 

Chair Gibson then opened the hearing to comments from the Board and much discussion ensued between the Board and staff.  By requiring each government association to form and govern their own authority to obtain the requisite fees, Commissioners Gibson and Rennels felt the IGA provided a large degree of flexibility and therefore were in favor of approving the IGA.  However, Commissioner Eubanks felt very strongly that the way in which the IGA proposed to assess fees, based upon impermeable surface area, was unfair and therefore, he was against approving of the IGA.

 

Ultimately, the Commissioners agreed there exists a need for further conversation regarding the financing model.  A closer examination regarding the concerns brought forth during this meeting, such as the fairness of including individuals who are further away from the flood plain, as well as the inclusion of subdivisions with drainage retention ponds is also warranted.  

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the Intergovernmental Agreement establishing the Boxelder Basin Regional Stormwater Authority, with direction to staff to conduct further examination of the financing model.

 

Motion carried 2-1; Commissioner Eubanks dissenting.

 

 

 

 

 

 

 

 

________________________________

                        GLENN W. GIBSON, CHAIR

BOARD OF COMMISSIONERS

 

 

 

 

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

 

­­­______________________________________

Melissa E. Lohry, Deputy Clerk

 

 

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.