Loveland Bike Trail
 
> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 07/26/10  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, July 26, 2010

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were:  Jeff Goodell, Engineering Department; Doug Ryan, Environmental Health Department; Eric Fried and Michael Whitley, Planning Department; Jeannine Haag, Assistant County Attorney; and Melissa Lohry, Deputy Clerk.

 

Mr. Goodell introduced the Board to ten Colorado State University student interns working within the Engineering Department during the summer months. Mr. Goodell stated that there were six roadway engineers, two water quality engineers, one traffic safety engineer, and one construction engineer. 

 

Chair Johnson welcomed the ten interns, opened the hearing with the Pledge of Allegiance, and asked for public comment on the Land Use Code and County Budget. No one from the audience addressed the Board regarding these topics.

 

1.         EARN PARTNERSHIP (SCOFIELD) ZONING VIOLATION:   The owners of the subject property are in violation of the Larimer County Land Use Code Section 4.1.22, PD - Planned Development, by virtue of operating a commercial use from a vacant property. The PD -Planned Development zoning for this property allows residential uses only; therefore, commercial use, including outdoor storage of equipment and supplies used for commercial purposes, would require rezoning. However, due to the property’s location, the county cannot accept an application for rezoning without the property owners first petitioning for annexation into the City of Loveland.

 

This property is on the east side of North Monroe Avenue, near Horseshoe Lake, within the Loveland Growth Management Area and contiguous to the City of Loveland, in the Lakeshore Gardens Subdivision.

 

The Code Compliance Office received a complaint on May 27, 2010, regarding property owners storing heavy equipment on the subject lot. The complaint alleged the owners were using large, noisy cranes to transport materials for their boat dock business, with the ensuing commercial traffic accessing the lot from North Monroe Avenue, creating a dangerous traffic situation.

 

Mr. Fried, Code Compliance Officer visited the site on June 3, 2010, and saw trailers, equipment, dock parts being stored on the property, and a large boat. Mr. Fried went to the home of the property owners, the Scofields, a few blocks north at 4950 North Monroe Avenue. Since no one was home, Mr. Fried left a courtesy notice to call about the land use code violation.

 

The following day, Jill Scofield called Mr. Fried and informed him that she and her husband had purchased the lot intending to use it for storage. Mrs. Scofield explained that they operate a dock design, fabrication, and servicing business called Watertoyz, and that Earn LLLP is a holding company and is the listed property owner. Mrs. Scofield added that the large trailer with a pontoon boat stored on the lot is used in the business.

 

The Scofields had submitted a conceptual sketch of a building with mixed storage and residential use in February 2008, before purchasing the lot. At that time, Planning Director Larry Timm ruled that the building did not comply with the underlying residential zoning because it was almost 90% storage. The Scofields sent a revised conceptual plan for a detached storage building and a smaller residence with attached garage to county planning in March 2008. The letter described the proposed use as “strictly for private/residential use with no planned commercial or industrial activities.” County Planner Samantha Mott replied by letter on March 11, 2008, stating that the proposed buildings and use appeared to meet land use regulations. To date, no formal building permit application has been submitted and there are no structures on the property.

 

Mr. Sean Wheeler met with Ms. Scofield on July 6, 2010, and explained that due to the county’s Land Use Code and intergovernmental agreement with the City of Loveland, the county could not accept a rezoning application unless she first applied for annexation to Loveland. Mrs. Scofield indicated she did not wish to annex to Loveland.

 

Adjoining property owners have raised concerns about impacts on their safety and quality of life from noise, lights, dust, and vehicle traffic caused by this business. The site is a residential lot, and property owners may reasonably assume that adjoining residential properties will not become commercial in nature; therefore, staff recommends that the Board find that a violation exists, require compliance with Larimer County Land Use Code, set a deadline for compliance, and authorize legal action if the deadline is not met. The following items must be completed in order to reach compliance with the Larimer County Land Use Code:  either cease the commercial use; or obtain annexation into the City of Loveland (or have such annexation denied or declined and rezone the lot under county land use code to allow for the commercial use).

 

Chair Johnson opened the hearing to the property owners, Jill and Rick Scofield, who stated that they were not aware of the code violations until they received notice from Mr. Fried.  Mr. and Ms. Scofield stated that while they would like to continue to utilize the lot for commercial and personal storage and are willing to develop the lot in accordance with the land use code even constructing a residence if necessary.

 

Commissioner Gaiter asked Mr. and Mrs. Scofield if they had contacted the neighbors in an attempt to mitigate the problem and Mrs. Scofield stated that they had contacted the complainant but were unable to reach a conclusion.

 

Chair Johnson opened the hearing to public comment. Rhonda Smith, Robert Richardson, and Sonia Warberg (attorney representing Gene and Sonia Gloeckner), and Edward Campbell, adjacent land owners, addressed the Board in objection of the current use and requested the Scofields be required to remove all commercial storage. The above individuals cited noise, dust, and poor appearance, directly relating to the commercial use of the property, as causes for depreciation of surrounding property values.

 

Robert Tennen, Richard Stonebreaker, and Ken Wood, also requested the Board find a violation exists and require all commercial items to be removed from the property. 

 

Mr. and Mrs. Scofield readdressed the Board and stated that they were unaware of their impact on surrounding land owners.

 

Some discussion ensued between the Board and the property owners regarding the commercial and private uses of the property.

 

Chair Johnson closed public comment.

 

Commissioner Donnelly stated that it is clear that a violation exists and must be resolved within 90-days of this hearing.

 

Chair Johnson agreed with Commissioner Donnelly and stated that while the Scofields may have had the best of intentions, they were in violation of the land use code.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners find a violation of the Larimer County Land Use Code exists and authorize legal action if the commercial operation and use are not ceased within 90-days of this hearing.

 

Motion carried 3-0.

 

2.         CLINGAN SPECIAL REVIEW AND APPEAL, FILE #10-Z1786 :  This is a request for approval of a Pet Animal Facility in the O-Open Zoning District and an appeal to Section 8.6.3.C.1 f the Land Use Code, which would require paving the access drive and parking area with asphalt, concrete, or other similar all-weather materials.

 

This item was discussed at the Planning Commission’s public hearing on June 16, 2010, during which time staff presented the Development Services Team report and recommended approval of the proposed Special Review, and the appeal to Section 8.6.3.C.1 of the Land Use Code. 

 

Several citizens provided input, including a number of people associated with law enforcement agencies that utilize the dog training service. Twelve individuals testified for the proposal and two individuals testified against the pet animal facility. Those who spoke in opposition to the facility live adjacent to the subject property and objected to the proposed use due to impacts of barking and gunfire.

 

After discussing the potential impacts of the facility, the Planning Commission voted 7 to 1 to recommend approval of the Special Review to the Board of County Commissioners, with the conditions proposed by the Development Services Team, and added a requirement for screening of the debris field. The Planning Commission voted unanimously to recommend approval of the appeal to the paving requirement with the conditions proposed by the Development Services Team. 

 

The Planning Commission and staff recommend approval of the Clingan Special Review, file #10-Z1786, subject to the following conditions:

 

1.    This special review approval shall automatically expire without a public hearing if the use is not commenced within three years of the date of approval.

 

2.    The site shall be developed consistent with the approved plan and with the information contained in the Clingan Special Review, file #10-Z1786, except as modified by the conditions of approval or agreement of the county and applicant.  The applicant shall be subject to all other verbal or written representations and commitments of record for the Clingan Special Review.

 

3.    Failure to comply with any conditions of the Special Review approval may result in reconsideration of the use and possible revocation of the approval by the Board of Commissioners.

 

4.    This application is approved without the requirement for a Development Agreement.

 

5.    No more than five dogs for sale shall be housed on the property at any one time.

 

6.    The Pet Animal Facility shall be limited to four training academies per year.

 

7.    Each training academy shall be limited to eight weeks and five students.

 

8.    The debris field shall be screened from County Road 15.

 

9.    In the event the applicant fails to comply with any conditions of approval or otherwise fails to use the property consistent with the approved Special Review, applicant agrees that in addition to all other remedies available to the county, the county may withhold building permits, issue a written notice to applicant to appear and show cause why the special review approval should not be revoked, and/or bring a court action for enforcement of the terms of the Special Review.  All remedies are cumulative and the county’s election to use one shall not preclude use of another. In the event the county must retain legal counsel and/or pursue a court action to enforce the terms of this special review approval, applicant agrees to pay all expenses incurred by county including, but not limited to, reasonable attorney’s fees.

 

10.   The county may conduct periodic inspections to the property and reviews of the status of the special review as appropriate to monitor and enforce the terms of the special review approval.

 

11.   The findings and resolution shall be a servitude running with the property. Those owners of the property or any portion of the property who obtain title subsequent to the date of recording of the findings and resolution, their heirs, successors, assigns or transferees, and persons holding under applicants shall comply with the terms and conditions of the special review approval.

 

The Planning Commission and staff recommend approval of the appeal to Section 8.14.7 of the Larimer County Land Use Code, file #09-Z1761, subject to the following conditions:

 

1.    An all-weather surface shall be established for the on-site client parking area.

 

2.     An asphalt surface shall be provided for the access from the edge of pavement on County Road 15 to the right-of-way/property line. 

 

Chair Johnson opened the hearing to the applicant, Joe Clingan. Mr. Clingan, retired police officer, explained that he purchased the subject property in 1999 and believed that because the property was zoned O-Open, he could fulfill his dream of training canines to be used in police departments around the world. Mr. Clingan stated that he has tried to resolve issues with his neighbors, including storing dogs at a colleague’s residence in Weld County until they are ready to be trained, and in many instances, he feels that he has been held to a higher level of scrutiny based on a personal vendetta against him by two neighbors.

 

Chair Johnson asked Mr. Clingan what the maximum number of dogs would be on the property at any time. Mr. Clingan stated that he would like to have the ability to retain his two personal dogs and five trained dogs on the property at all times. In addition, he has requested approval to host up to five dogs and trainers on the property during business hours.

 

Chair Johnson opened the hearing to public comment. Steve and Sandy Turk, nearby land owners addressed the Board and stated that all of the nearby landowners have dogs that bark and shoot target practice on their properties. They voiced their support and stated that the operation proposed by Mr. Clingan is not out of character for the surrounding area.

 

Richard Hillhouse, employee of the Pine Bluff Wyoming Police Department and client of Mr. Clingan; Phyllis Chatterton, retired employee of the Kansas Humane Society; and Mark Mellon, United States Police Canine Association; attested to the character of Mr. Clingan and the invaluable resource his training facility provides. Mr. Hillhouse stated that without the generosity and training provided by Mr. Clingan, the community would be increasingly susceptible to increased drug trafficking and bomb threats.

 

Zach Clingan explained that much of the screening material on the Clingan property was in place when his father purchased the lot and noted that it is not out of character with the rest of the neighborhood.

 

Andrea Clingan explained that on March 18, 2010, the Human Society was called to the property, and her father was issued a warning for a complaint of barking dogs, because of her personal dogs. She noted that she was out of town and her parents agreed to watch her dogs while she was away. Ms. Clingan stated that she would not take her dogs back to the property because of the commotion they caused.

 

Judy Clingan addressed the Board and explained that she and her husband have done everything possible to mitigate the concerns raised by neighbors but they have been unable to please everyone.

 

Leslie and Dick Sorenson addressed the Board in opposition to the proposed use, citing obsessive barking, offensive odors, increased noise due to shooting, and unsightly views. Mrs. Sorenson stated that she represented four of the five surrounding property owners who believe that Mr. Clingan does honorable work but do not want a commercial operation in their neighborhood.

 

Chair Johnson closed public comment.

 

Commissioner Gaiter stated that he believed Mr. Clingan was providing a valuable service to the community.

 

Commissioner Donnelly agreed and noted that Mr. Clingan has gone above and beyond their expectations to mitigate the concerns raised by neighbors.

 

Chair Johnson noted that while the proposed use does have some impact on surrounding land owners, he did not feel that it was out of character with the neighborhood and he was not concerned with compatibility. Chair Johnson also noted that he would support approval of the use, a recommended by the Planning Commission, without condition #8 which reads, “The debris field shall be screened from County Road 15.” He explained that requiring additional screening may only cause the property to become out of character with surrounding lots.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the Clingan Special Review, file #10-Z1786, subject to the conditions outlined above, without condition #8, “The debris field shall be screened from County Road 15.”

 

Motion carried 3-0.

 

There being no further business, the Board recessed at 5:30 p.m.

 

LAND USE HEARING

 

The Board of County Commissioners reconvened at 6:30 p.m. with Matt Lafferty, Principal Planner. Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were:  Jeff Goodell, Engineering Department; Doug Ryan, Environmental Health Department; Rob Helmick, Planning Department; Michael Kirk, Information Technology and Facilities Department; Jeannine Haag, Assistant County Attorney; and Melissa Lohry, Deputy Clerk.

 

Chair Johnson opened the hearing and asked for public comment on the Land Use Code and County Budget. No one from the audience addressed the Board regarding these topics.

 

1.         GREEN RELEAF SPECIAL REVIEW, FILE #10-Z1783:  This is a request for approval of a Medical Marijuana Grow Facility and Dispensary. The request was originally presented to the Larimer County Planning Commission at their meeting on June 16, 2010. The applicant and staff are essentially in agreement on the review and proposed conditions of approval. During the hearing, comments from the public were focused on the desirability of the use, the potential impact on property values, and the potential influence on children and families who frequent businesses in the area. 

 

For this application, staff is presenting both the original Developmental Services Team recommendation for approval, as well as the Larimer County Planning Commission recommendation for denial. Staff appreciates the concern of the Larimer County Planning Commission but differs in its conclusion, finding that this use can be approved with certain conditions. Staff would like to note that medical marijuana uses may be located in similar locations, are allowed to have frontage on a public roadway, may be adjacent to properties with restaurants, or to facilities which sell or dispense liquor, as allowed by right, in the county’s C-Commercial and I-Industrial zoning districts. 

 

As previously noted, the Planning Commission voted 6-2, to recommend the Board of County Commissioners deny the Green Releaf Special Review, file #10-Z1783.

 

Staff recommends approval of the Green Releaf Special Review, file #10-Z1783, subject to the following condition(s):

 

1.    This special review approval shall automatically expire without a public hearing if the use is not commenced within three years of the date of approval.

 

2.    The site shall be developed consistent with the approved plan and with the information contained in the Green Releaf Special Review, file #10-Z1783, except as modified by the conditions of approval or agreement of the county and applicant. The applicant shall be subject to all other verbal or written representations and commitments of record for the Green Releaf Special Review.

 

3.    Failure to comply with any conditions of the special review (special exception) approval may result in reconsideration of the use and possible revocation of the approval by the Board of Commissioners

 

4.    This application is approved without the requirement for a development agreement.

 

5.    In the event the applicant fails to comply with any conditions of approval or otherwise fails to use the property consistent with the approved special review, the applicant agrees that in addition to all other remedies available to the county, the county may withhold building permits, issue a written notice to applicant to appear and show cause why the special review approval should not be revoked, and/or bring a court action for enforcement of the terms of the special review. All remedies are cumulative and the county’s election to use one shall not preclude use of another. In the event the county must retain legal counsel and/or pursue a court action to enforce the terms of this special review approval, the applicant agrees to pay all expenses incurred by the county including, but not limited to, reasonable attorney’s fees.

 

6.    The county may conduct periodic inspections to the property and reviews of the status of the special review as appropriate to monitor and enforce the terms of the special review approval.

 

7.    The findings and resolution shall be a servitude running with the property. Those owners of the property or any portion of the property who obtain title subsequent to the date of recording of the findings and resolution, their heirs, successors, assigns or transferees, and persons holding under applicants shall comply with the terms and conditions of the special review approval.

 

8.    Within 60-days of approval, the applicant shall have a plan approved by the Planning and Engineering Departments for revisions to the parking and access at the site to address the issues raised in this review, specifically access control and parking adjacent to Link Lane.

 

9.         The applicant shall install back flow prevention devices in coordination with ELCO prior to beginning the grow operations.

 

Chair Johnson opened the hearing to the applicant. Lonnie Castillon presented a petition of support containing eighteen signatures of business owners in the vicinity of the proposed facility. Mr. Castillon explained that he has completed all of the licensing requirements set forth by the State of Colorado, he has complied with all of the requirements set forth by the county, and he proposes to open the facility in the approved zoning area; therefore, he requested the Board approve his application and allow him to operate a medical marijuana grow facility and dispensary. Mr. Castillon addressed concerns raised by the Planning Commission regarding the liquor license that he held for the lounge area, and he stated that, if approved, he would surrender his liquor license and the lounge use would be abandoned in favor of the proposed grow facility and dispensary.

 

Chair Johnson asked if the liquor license held by the restaurant would also be surrendered. Mr. Castillon stated that the restaurant was owned separately and the owner has not volunteered to surrender his liquor license.

 

Chair Johnson asked Mr. Castillon if he was currently a designated caregiver for any medical marijuana patients. Mr. Castillon stated that he is the designated caregiver for eight patients; however, he proposes to be caregiver for up to 200-patients, and hopes to serve up to 150-patients daily.

 

Chair Johnson opened the hearing to public comment. Judy Neckel, Frieda Elliott, Elloy Castillon, Shelley Houska, and Elena Castillon addressed the Board in favor of the proposed use. Noting the presence of the Hunt Club and numerous liquor stores, those in favor of the proposed use stated that a grow facility and dispensary would not be out of character for the surrounding neighborhood.

 

Heather and Steve Ide; Therry Ghodette, Ed, Mary, Jondon, and Jathan Trevena, owners of Rollerland skating rink; Jerry Granberg, Lynda and Byron Haaland, employee of Rollerland; Marie Hornback, business and property owner in neighborhood; Steve Longkie; and Laurel Driscoll; addressed the Board in opposition to the proposed grow facility and dispensary. Citing the family friendly nature of Rollerland skating rink and other businesses in the area, those opposed to the application argued that the medical marijuana facility would not be compatible with the neighborhood.

 

With regards to the Hunt Club, Mr. Ed Trevena stated that he was not given a choice in the facility’s location; however, the business did have a very negative impact on his facility and he did not wish the county repeat the mistake.  

 

Mr. Jathan Trevena stated that the neighborhood is currently at a “tipping point” and, if the medical marijuana application is approved, it may turn into a “red light district,” resulting in the loss of all refutable businesses currently in the area.

 

Chair Johnson closed public comment and re-opened the hearing to the applicant. Mr. Castillon stated that his proposed facility was within the boundaries established by the state and county. He explained that he would abide by all regulations to keep the public and his customers safe.

 

Commissioner Donnelly stated that while Mr. Castillon seemed to be a good citizen, he was not convinced that the proposed facility would be compatible with the surrounding area. Commissioner Donnelly noted that he was particularly sensitive to the “tipping point” of the neighborhood and wanted to protect the family friendly environment established by Rollerland.

 

Commissioner Gaiter stated that because the Board rejected the last medical marijuana application due to its proposed proximity to a swimming pool frequented by children, he felt it would be inconsistent to approve Mr. Castillon’s application due to its proximity to Rollerland, a facility similarly frequented by children.

 

Chair Johnson thanked the patients who spoke on behalf of the application and explained that he is sensitive to individuals who do utilize marijuana for medical purposes and believed they deserve a safe place to obtain their medication. He stated that the Board must make a decision based on compatibility and negative effects on property values. With those regulations, he was not convinced that the proposed location would be compatible with surrounding businesses nor was he convinced that property values would not be negatively affected.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners deny the Green Releaf Special Review Application, file #10-Z1783.

 

Motion carried 3-0.

 

There being no further business, the hearing adjourned at 8:00 p.m.

 

 

TUESDAY, JULY 27, 2010

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager. Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were: Scott Doyle, Clerk & Recorder; Donna Hart, Commissioners’ Office; Gary Darling, Joe Ferrando and Dana Hersch, Community Corrections; Ginny Riley, Human Services Department; Steve Balderson and Michael Kirk, Information Technologies and Facilities Department; Major Andy Josey, Kerry Ketterer, and Lieutenant Mike Loberg, Sheriff’s Office; William Ressue, Assistant County Attorney; and Melissa Lohry, Deputy Clerk.

 

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

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF AUGUST 2, 2010:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of August 2, 2010.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF AUGUST 2, 2010:  Ms. Hart reviewed the upcoming schedule with the Board.

 

4.         CONSENT AGENDA:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda as presented below:

 

ABATEMENTS: As recommended by the County Assessor, the following abatement was presented for approval:  C & C Holdings, LLC; Christopher B. Moore; HD Development of Maryland, Inc; Wallace J. Burke Trust; PS Timberline Lakes, LLC; Stephen R. Lincoln & Christine M. Williams; and Daniel L. Hershman.

 

07272010A001           AGREEMENT FOR HVAC ROOF-TOP UNIT REPLACEMENTS (AT 205 E 6TH STREET, LOVELAND) BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND TRANE U.S. INC.

 

07272010A002           DEPARTMENT OF HUMAN SERVICES OFFICE ON AGING TITLE III AND/OR STATE FUNDING AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND VOLUNTEERS OF AMERICA, COLORADO BRANCH

 

07272010R001           RESOLUTION AUTHORIZING ASSESSOR TO REVIEW PETITIONS FOR ABATEMENT

 

07272010R002           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF PARCEL B AND A PORTION OF PARCEL A IN THE HICKS EXEMPTION

 

07272010R003           FINDINGS AND RESOLUTION APPROVING THE PARTIAL VACATION OF A UTILITY EASEMENT IN IMPERIAL ESTATES SUBDIVISION, LOT 27

 

07272010R004           CORRECTED FINDINGS AND RESOLUTION APPROVING THE OLD POUDRE CITY MINOR LAND DIVISION AND APPEAL

 

 

07272010R005           FINDINGS AND RESOLUTION APPROVING THE VACATION OF SNAKE MOUNTAIN COURT RIGHT-OF-WAY, ADJACENT TO LOTS 65A AND 75 IN GLACIER VIEW MEADOWS 12TH FILING

 

07272010R006           FINDINGS AND RESOLTUION APPROVING THE AMENDED PLAT OF TRACT 38 OF THE AMENDED PLAT OF TRACTS 38 & 29, IN THE HIGHLAND PLACE SUBDIVISION

 

07272010R007           RESOLUTION ESTABLISHING A ONE-YEAR TRANSITION PROGRAM FOR EQUESTRIAN OPERATIONS

 

07272010R008           FINDINGS AND RESOLUTION APPROVING THE COLUMBINE LODGE SPECIAL REVIEW AND APPEAL

 

07272010R009           FINDINGS AND RESOLUTION APPROVING THE SUNRISE RANCH SPECIAL REVIEW AND SPECIAL EXCEPTION TIME EXTENSION AND AMENDED CONDITIONS OF APPROVAL

 

MISCELLANEOUS:            Findings and Order, Colorado Feed & Grain Inc; Department of Human Services Payments for June 2010; and Program Year 2010 Workforce Investment Act/Wagner Peyser Annual Plan.

 

LIQUOR LICENSES:         The following licenses were approved and issued:  Riverbend Resort – 3.2% – Loveland; Bohemian Cottage Restaurant, Inc – Hotel & Restaurant – Loveland; Emissaries of Divine Light – Special Event 6% – Loveland.

 

Motion carried 3-0.

 

5.         RESOLUTION TO ESTABLISH VOTE CENTERS:   Mr. Doyle addressed the Board, in compliance with Colorado State Statute, to announce the opening of vote centers and allow public comment.

 

Chair Johnson opened the hearing to public comment and noted there was no one present who wished to speak.

 

Chair Johnson closed public comment and asked Mr. Doyle about the number of vote centers to be opened. Mr. Doyle said that there are 25 proposed vote centers, which is eight fewer than during the 2008 election due to the increased number of voters who are registered to receive mail-in ballots.

 

Commissioner Donnelly asked if there would still be the same level of access to vote centers in the outlying portions of the county. Mr. Doyle stated that voters in the furthest reaches of the county would still experience the same amount of service as in previous years. Commissioner Donnelly commended Mr. Doyle on his work to make voting easy and accessible to the entire public.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve a resolution to establish vote centers throughout Larimer County.   

 

Motion carried 3-0.

 

07272010R012           RESOLUTION TO ESTABLISH VOTE CENTERS

 

6.         SETTING FEES CHARGED BY THE LARIMER COUNTY SHERIFF’S OFFICE RELATING TO THE SERVICE OF CIVIL PROCESS:  Major Josey, Ms. Ketterer, and Lieutenant Loberg addressed the Board to request approval to raise fees in accordance with HB10-1057, to create a zip code based cost structure, and to create accounts for repeat users. Major Josey explained that House Bill 10-1057 allowed Sheriff’s Offices statewide to permanently fix the mileage fee assessed for service calls equal to the reimbursement fee recognized by the IRS, which is currently $0.50.

 

In addition to the fee rate adjustment, Major Josey requested authorization to create a zip code based structure, which would allow the Sheriff’s Office to charge for service based on the zip code of the responding address, as opposed to charging for exact mileage. He explained that a zone based fee schedule will create an easier, more transparent, more streamlined billing process with charges based on the distance traveled from a centrally located starting point to the center of the zip code zone.   

 

Chair Johnson asked if the proposed zone based billing may potentially result in overcharging for calls on the boundary of a zip code zone. Major Josey stated that the zone based billing system was intended to be fair and reasonable while creating greater transparency to the public.

 

Commissioner Donnelly stated that the proposed changes were fair and utilizing the IRS’s fee scale was a logical alternative because it recognizes changes in fuel prices and economic fluctuations.   

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve a resolution setting fees charged by the Larimer County Sheriff’s Office in accordance with House Bill 10-1057, create a zip code based mileage structure, and create account for repeat users.

 

Motion carried 3-0.

 

07272010R010           RESOLUTION SETTING FEES CHARGED BY THE LARIMER COUNTY SHERIFF’S OFFICE RELATING TO THE SERVICE OF PROCESS

 

7.         UPDATE ON THE COMMUNITY CORRECTIONS RISK FACTOR ANALYSIS:   Mr. Ferrando and Ms. Hersch presented the Board with an overview of the Community Corrections Risk Factor Analysis report compiled by the Colorado Department of Public Safety, Division of Criminal Justice for Larimer County. Mr. Ferrando explained that this report is a multi-dimensional measure of the county’s community corrections performance and is organized into four categories, Outcome Factors, Performance Factors, Staff Stability Factors, and Reporting Factors.

 

Overall, Mr. Ferrando explained, the county’s community corrections program fell into the medium-low risk category. Ms. Hersch stated that while the rating is not a poor rating, the department has identified its weaknesses and has new procedures in place to improve performance. Ms. Hersch noted that while the department was not found to be out of compliance in any process, they were not fully compliant in all areas.

 

Chair Johnson commended the Community Corrections staff and encouraged the department to keep up the excellent level of performance. He also noted that the requirements established by the state require even more work without an increase in reimbursement.

 

8.         APPROVAL TO RETAIN FUNDS FOR TEMPORARY ASSISTANCE FOR NEEDY FAMILIES:   Ms. Riley addressed the Board to request that the Department of Human Services be allowed to retain the 2008 Temporary Assistance for Needy Families (TANF) Work Participation Performance refunds awarded by the State of Colorado to Larimer County. Ms. Riley stated that the funds are awarded to Larimer County and, as a matter of process, the department must request to retain the funds. Furthermore, Ms. Riley stated that, if approved, the funds will be used to fill the 2-3% loss of county general funds in the Department of Human Resources’ budget for 2011, which will result in the department’s ability to access all available state and federal funding.

 

Chair Johnson stated that the Department of Human Services worked to earn the funds and should be rewarded by retaining the awarded money. He also noted that the funds will help to fill the gaps left in the department’s budget due to the hard economic times.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the request to allow the Department of Human Services to retain the $287,791 Federal Fiscal Year 2008 TANF Performance refund in the Human Services fund #262.

 

Motion carried 3-0.

 

9.         LETTER OF SUPPORT AND RESOLUTION FOR THE NORTHERN COLORADO SUSTAINABLE COMMUNITIES REGIONAL PLANNING GRANT APPLICATION:   Chair Johnson requested this discussion be tabled until next Tuesday, August 3, 2010.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners table the discussion of providing a Letter of Support and Resolution for the Northern Colorado Sustainable Communities Regional Planning Grant Application, submitted by Embrace Northern Colorado, to a later date.

 

Motion carried 3-0.

 

Resolution number 07272010R011, “Resolution of the Board of County Commissioners Supporting a Comprehensive Application Under the Federal Sustainabile Communities Initiative,” was not approved due to the tabling of the above item.

 

10.       ASSISTANT COUNTY MANAGER WORKSESSION:   Mr. Darling addressed the Board and informed them of a $1 million mineral and energy assistance grant available from the state. Mr. Darling stated that the application is due on Friday, July 30, 2010, and if awarded, the funds could be applied to the costs of the new Alternative Sentencing Building.

 

The Board thanked Mr. Darling and directed him to continue work on submitting an application on behalf of the county.

 

Mr. Kirk addressed the Board to provide reassurance that the Facilities Department is diligently working to mitigate the heating and cooling problems experienced in the first floor hearing room of the Courthouse Offices building at 200 W. Oak Street. Mr. Kirk explained that the heating and cooling settings for the entire building are controlled via a single process; therefore, in order to cool a single room, the entire building must be cooled. Mr. Kirk noted that staff recognizes the inefficiency of the current system and are in the process of finding alternatives to allow some meeting and hearing rooms to be controlled separately.   

 

The Board thanked Mr. Kirk for his attention to this matter.

 

Mr. Gluckman addressed the Board and requested they nominate an individual to serve as the county’s representative at the Colorado Counties Inc. (CCI) Legislative Meeting on October 1, 2010.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners appoint Chair Johnson to represent Larimer County at the CCI Legislative Meeting on October 1, 2010.

 

Motion carried 3-0.

 

11.       COMMISSIONER ACTIVITY REPORTS:  The Board detailed their attendance events during the previous week.

 

12.       LEGAL MATTERS:  Mr. Ressue addressed the Board to discuss Medical Marijuana Facilities. Mr. Ressue explained that the state has granted municipalities the power to enact a permanent moratorium on medical marijuana operations within the municipality’s governing area, via a vote of the governing board, or a vote of the people. Due to the upcoming election deadlines, Mr. Ressue requested direction from the Board regarding whether they would like to make a decision regarding a permanent moratorium.

 

Chair Johnson stated due to the high level of public interest, he would like the residents of the county to decide whether medical marijuana facilities should be allowed to operate within the unincorporated areas of the county. He also voiced concern regarding possible confusion for residents of the county who reside within city limits, as they could be asked to vote on operations within city limits and county limits.

 

Commissioner Donnelly stated that philosophically, he was in favor of allowing residents to vote on the matter; however, he also noted increased difficulties caused by medical marijuana operations within unincorporated portions of the county due to remote locations, crime control, and the expected level of service to county citizens. Because of the previously noted reasons, he stated that commercial marijuana operations are better suited within cities.

 

Chair Johnson requested that Mr. Ressue schedule a 6:30 p.m. meeting to discuss the matter and allow for public comment before the Board makes any further decision on medical marijuana operations.

 

Commissioners Donnelly and Gaiter agreed.

 

There being no further business, the Board adjourned at 10:15 a.m.

 

 

 

 

 

 

__________________________________________

   STEVE JOHNSON, CHAIR

BOARD OF COMMISSIONERS

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

______________________________________

Melissa E. Lohry, Deputy Clerk

 

 

 

 

 

Background Image: Loveland Bike Trail by Sharon Veit. All rights reserved.