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> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 06/13/11  

 

 

 

 

 

 

 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

MONDAY, JUNE 13, 2011

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were:  Eric Tracy, Engineering Department; Doug Ryan, Environmental Health Department; Rob Helmick, Karin Madson, and Toby Stauffer, Planning Department; Jeannine Haag, County Attorney’s Office; and Melissa Lohry, Deputy Clerk.

 

Chair Donnelly opened the hearing 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 Donnelly explained that the following items were on the consent agenda and would not be discussed unless requested by the Board, staff, or members of the audience:

 

1.         MEADOWLARK RIDGE CONSERVATION DEVELOPMENT AGREEMENT TIME EXTENSION, FILE #11-G0214:   This is a request to consider a modification to the current development agreement for the Meadowlark Ridge Conservation Development to include a two-year time extension to the construction completion date. The final plat for the Meadowlark Ridge Conservation Development, file #04-S2228, was recorded on June 17, 2009. The Development Agreement includes a completion date of June 1, 2011, and construction collateral in the form of a letter of credit to guarantee construction of the on-site improvements totaling $96,080.49. The construction collateral will expire on August 1, 2011, and the developer has requested an extension of the completion date until June 1, 2013. The letter of credit will be replaced with a new one to correspond with the proposed extension.

 

The developer has requested this extension due to the present state of the economy. They have the lots listed with a realtor; however, to date, no lots have been sold. Staff believes that this request should be supported by the Board of County Commissioners as the current market conditions make selling residential lots difficult. 

 

Staff supports the request to extend the completion date for two years, until June 1, 2013. If approved, the request allows the entitlements acquired through the final plat process to continue for two additional years. Without approval of this request, staff will request that the Board of County Commissioners vacate the approvals based upon failure to act on the application within a timely manner, resulting in the voiding of the development application and all entitlements.

 

Staff recommends that the Board of County Commissioners approve a two-year extension to the completion date for the Meadowlark Ridge Conservation Development, files #04-S2228 and #11-G0214, with the following conditions:

 

1.         An Amendment to the Development Agreement for the conservation development shall be executed and recorded by July 15, 2011. The Development Agreement amendment shall include a completion date no later than June 1, 2013.

 

2.         The applicant shall provide an updated letter of credit for the development concurrent with the Amended Development Agreement. The letter of credit shall remain in force through the completion date and expire no sooner than August 1, 2013.

 

2.         J-J ESTATES LOT 2 AMENDED PLAT, 11-S3036:  This is a request to amend the plat of Lot 2 of J-J Estates. The applicant desires to remove the access ory structure building envelope, convert it into a residential envelope, and address the intermittent stream setbacks. At the time of platting , the envelopes were described to avoid the potential for conflict with a “stream” and wetlands noted on the United S tates G eological S ervice mapping for the area, in addition to possible soils issues. The property has changed hands ; however, no residence has been built. The potential owner wishes to build on the eastern part of the property, where the limitation is for accessory structure. In preliminary conversations with the utility companies and the Health and Engineering Departments , it appears that the limitation can be removed, subject to the site specific permitting which would occur at the time of ISDS, building permit review, and approval.

 

Staff recommends a pproval of the J-J Estates, Lot 2, Amended Plat, file #11-S 3036, subject to the following conditions:

 

1.         All conditions of approval shall be met and Findings and Resolution recorded by December 13, 2011, or this approval shall be null and void.

 

2.         Lot 2 shall continue to be subject to the original conditions and restriction which were imposed on the lots in J-J Estates except as specifically modified here.

 

3.         The building envelope restrictions shall be removed to reflect that either building envelope may be used for residential or accessory purposes. 

 

4.         The required stream setback of 100-feet shall not apply in this case due to the lack of a defined bank and channel for the stream. 

 

3.         ESTES PARK ESTATES LOT 45, 46, & 20 AMENDED PLAT, FILE #11-S3037:   This is a request to combine three lots into two to improve buildable areas for each resultant lot and vacate several 5-foot utility easements along the former lot lines.

 

Staff recommends approval of the Amended Plat of Lots 45, 46, and 20 of Estes Park Estates Subdivision, file #11-S3037, subject to the following conditions and authorization for the chairman to sign the plat when the conditions are met and the plat is presented for signature:

 

1.    The final plat shall be recorded by December 13, 2011, or this approval shall be null and void.

 

2.    Prior to the recordation of the final plat, the applicant shall make the technical corrections requested by the Land Surveyor of the Larimer County Engineering Department.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the consent agenda as published above.

 

Motion carried 3-0.

 

4.         COLLAND CENTER SIGN APPEAL:  This is a request for an appeal to Section 10.5.E, to allow an off premise sign, Section 10.11.A.1, to exceed total sign area allowances, and Section 10.11.B.1, to allow two street frontages to have multiple freestanding signs each.

 

The Board of County Commissioners heard information on this request at the Land Use Hearing on April 11, 2011. At that time, the applicants indicated that the request needed to include a new freestanding sign to be placed on the north side of Lot 4A, Colland Center. The Commissioners tabled this project to May 9th to allow staff and the applicant time to revise and receive new materials to adequately reflect the request. Prior to the May 9th hearing, the applicant indicated they needed additional time and the project was tabled to the June 13th hearing.

 

Lots 4A and 4B of Colland Center have several existing wall signs, and three existing double sided monument signs. Both properties are using almost 100% of signage allowed and very little signage remains available. Currently, signs on both properties are conforming with respect to the code.

 

In 2005, two new freestanding signs were added to each frontage of Lot 4A under the condition that the monument signs on the northwest corner of the lot would be removed. The signage was removed; however, the pedestal of the sign remains.

 

The applicants’ request is to utilize the existing triangular sign pedestal located on the corner of Highway 287 and County Road 32 to place a new freestanding sign in addition to those existing on the gas station property, known as Lot 4A of Colland Center. The freestanding sign that is on County Road 32, Lot 4B, would be removed, and the businesses on Lot 4B would advertise on the new corner sign. The new sign would be 36-square-feet per side (6-feet by 6-feet).

 

The request is an appeal to three sections of the sign code to allow an off premise sign, allow multiple freestanding signs on street frontages, and to increase overall sign square footage, greater than what is allowed currently. 

 

1.         Section 10.5.E – Currently the code does not allow off premise signs, the businesses on Lot 4B would need to advertise on Lot 4B.

 

2.         Section 10.11.A.1 – Sign square footage per lot is based upon linear frontage of a building along a street. The existing signage on Lot 4A, including wall signs, uses up most all of the allowable sign square footage (252 sq. ft. of 254 is used). The new freestanding signs on Lot 4A would be in addition to what the property currently has (252) and what it is allowed (254). Proposed new sq. ft. = 108, total signage on property with proposed = 360 sq. ft.

 

3.         Section 10.11.B.1 – One freestanding sign is allowed per street frontage per property. Lot 4A has two street frontages and is allowed two freestanding signs.  This request would allow three freestanding signs, two on the west frontage, and one on the north frontage.

 

In their review of the application, staff found:

 

1.         Approval of the appeal is inconsistent with the purpose and intent of this code. The purpose of the sign code is to protect the health, safety, and welfare of the public, provide property owners with an opportunity for safe and effective identification of uses, avoid clutter, and protect and maintain the visual appearance of various areas of the county. In this case the properties currently have safe and effective identification of uses; adding signage to the corner of Lot 4A would add visual clutter to the intersection and may impact safety. Approval of the appeal is not consistent with the purpose and intent of the code.

 

2.         There are no known extraordinary or exceptional conditions on the site which would result in a peculiar or undue hardship on the property owner if section 10 of this code is strictly enforced. There are not extraordinary or exceptional conditions on this site which result in a hardship to the owners if the sign code is enforced. The owners have complied with the sign code to this point, they have signage for all uses, and signs appear to be adequate and visible.

 

3.         Approval of the appeal would not result in an economic or marketing advantage over other businesses which have signs which comply with section 10 of this code. Approval of the appeal could result in an economic or marketing advantage over other businesses in the area. The appeal would allow additional signs, an off premise sign and additional sign square footage; those three factors would give the businesses an advantage over others since any other business would need to appeal the sign code to achieve this same level of advertising. There are no other properties in the area that have a legal off-premise sign advertising their business to travelers on Highway 287, and there are no other properties that have been allowed to have multiple freestanding signs on one frontage. Additionally, the approval may not be equitable to other property owners that have complied with the code. The approval of this appeal would not be consistent with the intent of the code and it would give an advantage to this specific property which until now has been able to meet the code and effectively advertise the use on the property.

 

In response to staff’s request for comments regarding the request, the Colorado Department of Transportation (CDOT) noted that because the two lots were developed at the same time, the lots can share advertising without the creation of an off premise sign because the two lots are considered to be a business park. However, CDOT’s comprehensive zoning regulations only allow for one double-sided sign or two single-sided signs to advertise the entire business park.

 

Due to the findings listed above, staff recommends denial of this request. However, if the Board is inclined to approve the request, staff offered the following conditions for consideration:

 

1.         The freestanding sign on lot 4B shall be removed prior to permit issuance of the new sign on Lot 4A.

 

2.         No additional freestanding sign shall be added to either property.

 

3.         No additional signage of any kind will be allowed on Lot 4A.

 

4.         All current and future signs on both properties shall comply with land use and building codes.

 

5.         All permits and inspections for signs on both properties shall be finalized within 180-days of this approval.

 

6.         All signage on both properties shall conform with all other requirements in Section 10 of the Land Use Code within 180-days of this approval.

 

7.         This approval is the maximum allowable for the proposed sign as presented in the application materials, with the exception that only two-sides of the triangular pedestal (currently located at the south east corner of Highway 287 and County Road 32) may be utilized and the sign placed on the pedestal may not protrude above the existing brick structure.

 

Chair Donnelly opened the hearing to the applicant and Brad March, attorney, addressed the Board. Mr. March stated that because of marketing practices governed by the Shell Gasoline Company, the applicant can not remove the two double-sided signs advertising the gas station; however, the applicant is willing to remove the (Colland Center) signage on lot 4B, County Road 32, in exchange for use of a double-sided sign on the corner of Highway 287 and County Road 32.

 

Discussion ensued between the Board and staff regarding the amount of signage allowed on each of the properties.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the appeal to Section 10.5.E, to allow an off premise sign; Section 10.11.A.1, to exceed the total sign area allowances; and Section 10.11.B.1, to allow a street frontage to have multiple freestanding signs; as presented in the application materials, subject to conditions #1-7 as presented above.

 

Motion carried 3-0.

 

5.         MAJESTIC ROOFING SIGN APPEAL:  This is a request for an appeal to Section 10.6 of the Larimer County Land Use Code to allow a home occupation sign to be 9-feet 6-inches tall and 32-square-feet in area and a fee appeal.

 

The Board of County Commissioners heard information on this request at their April 11, 2011, Land Use Hearing. At that time, the request was for a 67-square-foot sign made up of a majestic roofing logo and a changeable message (LED) sign. The proposed height of the sign was up to 17-feet tall . Commissioners Gaiter and Johnson agreed that there is no real hardship on the property and that the proposed sign was too large, Commissioner Donnelly disagreed and indicated that a hardship does exist as the property is surrounded by other commercial properties with similarly sized signs. The previous request , file #11-G0211, was denied 2-1.

 

With this request, the applicant is seeking an appeal to Section 10.6 of the Land Use Code to allow a proposed home occupation sign that is 32 -square-feet in area and 9 -feet by 6-inches tall. Section 10.6 allows a Home Occupation sign to be 4 -square-feet in area and 6 -feet tall from ground to the top of the sign.

 

The existing sign on the property is approximately 30 -square-feet and 6 -feet in height from ground to the top of the sign , making the sign illegal because the roofing business use on the property is approved as a home occupation in the FA -Farming zone district. 

 

The applicant has also requested a waiver to the $200 application fee, citing that the application is similar in nature and scope to the previous application, implying that review time should be minimal due to staffs’ knowledge of the project, and that the primary goal is to improve the sign and improve the area by adding a nicer, safer sign.

 

Staff recommends denial of the Majestic Roofing Sign Appeal request, as the request does not meet the full review criteria. However, if the Board should choose to approve the request, staff suggests approval be conditioned as follows:

 

1.         The sign shall be located outside of the sight triangle for the driveway and road.

 

2.         No additional signage shall be added to the property without prior approval.

 

3.         All signs shall comply with land use and building codes.

 

4.         Building permit application for the proposed sign shall occur within 60-days from the date of this approval.

 

5.         This approval is only given for the sign included in this request.

 

6.         This approval does not constitute approval of the use on the site; for this request the use is considered a home occupation.

 

Staff also recommends approval of the Majestic Roofing Fee Appeal request, with the condition that only half of the application fee is waived, resulting in a $100 refund to the applicant.

 

Chair Donnelly opened the hearing to the applicant and Robert Jones addressed the Board. Mr. Jones stated that the recent windy weather has destroyed their previous sign; therefore, he would like the Board to approve the request as the business is currently without a sign. Mr. Jones also stated that he does not own the property but he does believe it will be rezoned for commercial use in the future.

 

Commissioner Johnson stated that the property was unique because it is zoned residential, and therefore the business is considered a home occupation; however, it does front on to a state highway and is surrounded on two-sides by commercial properties.

 

Commissioner Gaiter questioned the applicant about the size of the proposed sign, specifically raising concerns regarding the height. Mr. Jones stated that the business was a member of the Engaging Loveland program and the intent is to place their heart sculpture under the sign, which requires the sign to be the proposed height.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve an appeal to Section 10.6 of the Larimer County Land Use Code, to allow a home occupation sign to be 9-feet and 6-inches tall, subject to the conditions listed above; and the Majestic Roofing Fee Appeal request with the condition that only half of the application fee is waived, resulting in a $100 refund to the applicant.

 

Motion carried 3-0.

 

There being no further business, the Board adjourned at 4:30 p.m.   

 

 

TUESDAY, JUNE 14, 2011

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Frank Lancaster, County Manager. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were:  Deni LaRue, and Diane Tokarz, Commissioners’ Office; Charlie Johnson, Engineering Department; Bob Herrfeld, Fairgrounds & Event Center Director; Carol Block, Finance Department; Gary Buffington, Rob Novak, Kerri Rollins, and Lori Smith, Natural Resources Department; Stephen Gillette, Solid Waste Department; Dale Miller, Road & Bridge Department; George Hass and Jeannine Haag, County Attorney’s Office; and Melissa Lohry, Deputy Clerk.

 

1.         PUBLIC COMMENT:  There was no public present to speak.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF JUNE 6, 2011:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of June 6, 2011.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF JUNE 20, 2011:   The Board reviewed their schedules for the coming week.

 

4.         CONSENT AGENDA:

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda, as listed below:

 

06142011A001           PURCHASE ORDER AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND SYSTEMS MAINTENANCE SERVICES (SMS) FOR HARDWARE MAINTENANCE AND SUPPORT SERVICES

 

06142011R001           FINDINGS AND RESOLUTION APPROVING THE WEIXELMAN-MAE MINOR LAND DIVISION

 

06142011R002           RESOLUTION REGARDING EXTENSION OF APPROVAL FOR THE EMGE/WHITAKER AMENDED PLAT

 

06142011R003           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF PARCELS 1 & 2 OF THE FRANCES PIEL EXEMPTION AND THE BOUNDARY LINE ADJUSTMENT OF PARCEL 1 IN INDIAN CREEK RANCH

 

06142011R004           SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION OF EDEN VALLEY INSTITUTE, INC

 

06142011R005           RESOLUTION ORDERING A PUBLIC HEARING TO CONSIDER PETITIONS FOR GRASSLANDS PUBLIC IMPROVEMENT DISTRICT #44

 

06142011R006           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF TRACTS 1 & 2 IN THE SMITY-WYATT EXEMPTION

 

06142011R007           RESOUTION REGARDING EXTENSION OF APPROVAL FOR SINNER MINOR LAND DIVISION

 

06142011R008           RESOLUTION ORDERING A PUBLIC HEARING TO CONSIDER PETITIONS FOR CLYDESDALE PARK PUBLIC IMPROVEMENT DISTRICT

 

06142011R009           RESOLUTION ORDERING A PUBLIC HEARING TO CONSIDER PETITIONS FOR CLYDESDALE ESTATES PUBLIC IMPROVEMENT DISTRICT #51

 

MISCELLANEOUS:           Department of Human Services Payments for April 2011.

 

LIQUOR LICENSES:         The following licenses were approved and issued:  REV Enterprises Inc., doing business as Sandy’s Convenience Store – 3.2% – Loveland; Wapiti Park Corporation, doing business as Rocky Mountain Gateway #1 – 3.2% – Estes Park; Wapiti Park Corporation, doing business as Rocky Mountain Gateway #2 – 3.2% – Estes Park; No CO Golf Management LLC, doing business as The Golf Club at Fox Acres – Transfer of Ownership – Red Feather Lakes; Margo Butler, doing business as Campsite Pizza – Retail Liquor Store – Fort Collins; Alternatives to Violence – Special Event 6% – Loveland; Hearts & Horses Therapeutic Riding Center – Special Event 6% – Loveland.

 

Motion carried 3-0.

 

5.         PROCLAMATION FOR “MOTORCYCLE MONDAY – RIDE TO WORK DAY”:   Jeff and Amy Jensen appeared before the Board to encourage the county to join the City of Fort Collins and the City of Loveland in their support of Motorcycle Monday and Ride to Work Day on June 20, 2011. Mr. Jensen explained that Motorcycle Monday was created to raise awareness of the positive benefits of daily motorcycle and scooter transportation in addition to encouraging safe riding and motorist behavior.

 

Commissioner Gaiter read the proclamation aloud.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners proclaim “Motorcycle Monday – Ride to Work Day” on June 20, 2011.

 

Motion carried 3-0.

 

6.         PRESENTATION OF SENATOR MARK UDALL’S “GET KIDS TO THE PARKS DAY” PROCLAMATION:   Mr. Buffington, Ms. Rollins, and Mr. Novak addressed the Board to present Senator Udall’s “Get the Kids to the Parks Day” proclamation. Ms. Rollins explained that Great Outdoors Colorado (GoCo) contacted Larimer County to help gather information, which will be used to craft a nation-wide initiative encouraging children and families to get outside and visit the parks in the United States.

 

Mr. Novak noted that the Natural Resources Department and GoCo are currently engaged in a partnership and pilot program called, “Plug in to Nature.” The program is designed to gather in-depth information with the intent of delivering recommendations for improving youth and families’ connections with nature in Larimer County. Mr. Novak added that the study is the first of its kind and will have an impact on practices nation-wide.

 

The Board thanked Mr. Buffington, Ms. Rollins, and Mr. Novak for their presentation and their hard work making the Larimer County Natural Resources programs successful.

 

7.         DATA ON DRUG RELATED EXPULSIONS:   Dr. Jerry Wilson, Superintendent of Schools for the Poudre School District, informed the Board of an alarming increase in the number of drug related suspensions within the school district. Dr. Wilson stated that in 2008, 39% of all school expulsions were due to drug related offenses and in 2010, the number jumped to 57% of all expulsions.

 

The Board questioned Dr. Wilson about the statistics and their possible relation to the introduction of Medical Marijuana Dispensaries. The Board then thanked Dr. Wilson for his time and voiced their concern about the increased drug use.

 

8.         RECOGNITION OF AWARD TO COMMISSIONER GAITER FROM THE NATIONAL SKI PATROL:   Ron Splittberger, from the National Ski Patrol, presented an award to Commissioner Gaiter in recognition of his service to the National Ski Patrol’s Rocky Mountain Division.

 

9.         REQUEST FOR POLICY WAIVER TO ELIMINATE INTERNAL LANDS CAPITAL RESERVES:   Mr. Buffington, Ms. Block, Ms. Rollins, and Ms. Smith presented a request to utilize the internal Open Lands Capital Reserve for priority open space projects, such and the proposed Heron Lakes Open Space and completing the Poudre River Trail. Ms. Block explained that these funds were set aside for possible complications with the Open Lands Sales Tax Revenue Bonds issued in 2000. She stated that the reserve was not required by the bond documents but was a prudent action given the uncertainty of sales tax revenue. The current balance of the fund is $345,000.

 

Discussion ensued regarding bond payments and possible uses for the reserve money.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve a policy waiver to eliminate internal Open Lands Capital Reserve funds.

 

Motion carried 3-0.

 

10.       REQUEST FOR EMPLOYEE POSITION STATUS CHANGE:   Mr. Buffington requested approval to change the employment status of four Natural Resources positions. He explained that currently the Open Lands Ranger II, Resource Technician II, Visitor Services Campground Reservation Specialist, and Open Lands Maintenance Technician positions exist as Limited Term Employees (LTE) and the department would like to change these positions to allow for regular Full Time Employees. Mr. Buffington explained that the change in status would provide more consistency throughout the department and piece of mind to the employees who currently fill those positions.

 

Much discussion ensued regarding the implications of the requested status changes. The Board requested the item be tabled until they can gather more information from the Human Resources Department.

 

11.       AMENDMENTS TO EXISTING COLORADO EAGLES LEASE :  Mr. Herrfeld; Martin Lind, Colorado Eagles CEO; and Chris Stewart, Colorado Eagles Head Coach, addressed the Board to request approval of amendments to the existing Colorado Eagles Lease to accommodate the team’s entry into the East Coast Hockey League. Mr. Herrfeld noted that the only proposed changes were to replace references to the team’s previous league to allow entry into the new league and provide the team the opportunity for an additional five-year extension, beginning in 2018.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners amend the lease agreement set forth to allow the Colorado Eagles entry into the East Coast Hockey League.

 

Motion carried 3-0.

 

12.       DONATION FOR SOLAR POWER TRASH COMPACTOR & RECYCLE CONTAINER:   Mr. Gillette addressed the Board regarding a request he received from the League of Women Voters in Estes Park for a donation to purchase a solar powered trash compactor and recycle container to be installed in Bond Park. The total cost of the combined unit is $5,000 and would be installed in commemoration of Jim Martinsen and his achievements in recycling within the community. Mr. Gillette explained that the request is for a one-time donation and the upkeep of the unit would be the responsibility of the Town of Estes Park. Lastly, Mr. Gillette noted that the league had currently raised $1,000 towards their goal and, if approved, the donation would be made from the recycling fund, which is held within the Solid Waste Department’s funds.

 

Chair Donnelly stated that he supported the request due to the resultant decreased cost of solid waste removal from the Town of Estes Park.

 

Much discussion ensued regarding the recycling fund and the cost of solid waste removal from the Estes Valley area. It was determined that the county would donate the remaining amount of funds required to purchase the proposed machinery.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the donation request of $1,000 to $4,000 from the Solid Waste Department fund balance to promote recycling in the Town of Estes Park.

 

Motion carried 3-0.

 

13.       BOARDS & COMMISSIONS APPOINTMENTS:   Ms. Tokarz presented the following for appointment: 

 

Board of Heath – Debbie Healy (to complete the unexpired, 5-year term of Judy Robinson) beginning June 14, 2011, and expiring June 30, 2012; and Mark Richard reappointed to a 5-year term beginning July 1, 2011, and expiring June 30, 2016.

 

Open Lands Advisory Board – Gerry Horak (to complete the unexpired, 3-year term of David Roy) beginning June 14, 2011, and expiring June 30, 2012.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the appointments and reappointments to the Board of Health and the Open Lands Advisory Board as listed above.

 

Motion carried 3-0.

 

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

 

15.       COUNTY MANAGER WORKSESSION:  Mr. Lancaster presented a contract with the USDA Forest Service, on behalf of the county’s Youth Conservation Corps, for approval. Mr. Lancaster explained that the contract could not appear on the consent agenda because it was submitted after the deadline and the contracted must be approved by the Board before the employees of the Youth Conservation Corps can begin their employment.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the Challenge Cost Share Supplemental Project Agreement by and between the Board of County Commissioners and the USDA Forest Service, Region 2.

 

Motion carried 3-0.

 

06142011A002           CHALLENGE COST SHARE SUPPLEMENTAL PROJECT AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, ON BEHALF OF THE LARIMER COUNTY YOUTH CONSERVATION CORPS, AND THE USDA FOREST SERVICE, REGION 2

 

16.       LEGAL MATTERS:  Mr. Haas, Ms. Haag, Mr. Johnson, and Mr. Miller addressed the Board to request direction regarding the construction of private fences within county right-of-ways.

 

Much discussion ensued regarding the county’s involvement in enforcing the removal of private fences constructed in county right-of-ways along roads not maintained by the county.

 

The Board instructed staff to inform property owners to remove fences from county right-of-ways when complaints are received. Furthermore, if the property owners do not remove fences as requested, staff may begin the proper method(s) of mitigation.

 

There being no further business, the Board adjourned at 12:00 p.m.

 

 

THURSDAY, JUNE 16, 2011

 

ABATEMENT HEARING

 

The Board of County Commissioners met at 1:00 p.m. for an Abatement Hearing. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were: Greg Daniels, Assessor’s Office; and Melissa Lohry, Deputy Clerk.

 

1.         PETITION FOR ABATEMENT – PARCEL NUMBER 25312-12-001:   Mr. Daniels described the subject property and presented the comparables used to arrive at a final assessed value of $331,300. Some discussion ensued regarding cost per square-foot and the method used to arrive at that value.

 

Donald Libby, property owner, addressed the Board and presented a set of comparables, which he used to determine the value of his property to be $282,000; however, all of the comparables presented by the applicant were built nearly 20-years prior to the subject property.

 

The Board agreed to dismiss one of the higher valued comparables used by Mr. Daniels and reached a new assessed value of $322,138.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners partially approve the Petition for Abatement of Taxes for parcel number 25312-12-001, assessing a new value of $322,138 for the 2010 tax year.

 

Motion carried 3-0.

 

There being no further business, the Board adjourned at 1:45 p.m.

 

 

 

 

 

 

__________________________________________

   TOM DONNELLY, CHAIR

BOARD OF COMMISSIONERS

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

______________________________________

Melissa E. Lohry, Deputy Clerk

 

 

 

 

 

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