> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 03/19/12  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, March 19, 2012

 

The regularly scheduled Monday land use hearing was canceled, as there were no agenda items to discuss.

 

 

TUESDAY, MARCH 20, 2012

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Carol Block, Finance Director.† Chair Gaiter presided and Commissioners Johnson and Donnelly were present. Also present were: Neil Gluckman, Donna Hart, and Deni LaRue, Commissionersí Office; Paul Gresky, Hunter Safety and Education Instructor; Marc Engemoen, Public Works Division; Dale Miller, Road and Bridge Department; Matt Johnson, Engineering Department; Sheriff Justin Smith, Sheriffís Department; Dave Rowe, Facilities and Information Technology Department; Jeannine Haag, and Linda Connors, County Attorneyís Office; and Gael Cookman, Deputy Clerk.

 

Chair Gaiter opened the hearing with the Pledge of Allegiance.

 

1.†††††††† PUBLIC COMMENT:† James Baranovic, Rachelle Baranovic, Jeff Shaffer, and Lori Shaffer all urged the Board to reconsider their decision and allow the Shafferís to re-open Drake Campground.†

 

Mel Hilgenberg thanked Commissioner Johnson and Commissioner Donnelly for inviting Ann Stewart, Kimberly Culp and Brian Werner to their town meetings, as all were excellent resources for their subject matter.† Mr. Hilgenberg also requested that the Board reconsider their ruling on closing down the Drake Campground.†

 

2.†††††††† APPROVAL OF THE MINUTES FOR THE WEEK OF MARCH 12, 2012:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of March 12, 2012.

 

Motion carried 3-0.

 

3.†††††††† REVIEW OF THE SCHEDULE FOR THE WEEK OF MARCH 19, 2012:††† Ms. Hart reviewed the schedule for the upcoming week.

 

4.†††††††† CONSENT AGENDA:

 

M O T I O N

 

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

 

03202012A001†††††††††† CDBG COLORADO DEPARTMENT OF LOCAL AFFAIRS DIVISION OF HOUSING CONTRACT FOR LOAN/GRANT ASSISTANCE

 

03202012R001†††††††††† ADDENDUM TO RESOLUTION 01102012R003

 

03202012R002†††††††††† LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 7 AND 8 IN BLOCK 4 OF THE LETITIA LAKE SUBDIVISION †

 

03202012R003†††††††††† FINDINGS AND RESOLUTION APPROVING THE RANGE VIEW ROAD LOT 7 RIGHT-OF-WAY VACATION

 

03202012R004†††††††††† FINDINGS AND RESOLUTION APPROVING THE PARKER SECOND SUBDIVISION

 

03202012R005†††††††††† FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF TRACTS A AND B IN THE PARKER MINOR RESIDENTIAL DEVELOPMENT

 

03202012R006†††††††††† FINDINGS AND RESOLUTION APPROVING THE XCEL ENERGY / PUBLIC SERVICE COMPANY OF COLORADO DRY CREEK CEMENT PLANT LATERAL FLOOD PLAIN SPECIAL REVIEW

 

03202012R007†††††††††† FINDINGS AND RESOLUTION APPROVING THE LLOYD EXPLANSION OF A NON-CONFORMING USE

 

03202012R008†††††††††† FINDINGS AND RESOLUTION APPROVING THE SECOND AMENDEMENT TO THE DEVELOPMENT AGREEMENT (RECEPTION NO. 2007-0046610) AND CHANGE TO FINAL USE PLAN FOR RESIDUAL LOT A OF THE PEARL VISTA CONSERVATION DEVELOPMENT (RECEPTION NO. 2006-0052464)

 

MISCELLANEOUS:†† Colorado Division of Housing CDBG Project Completion Report Close Out.†

 

Motion carried 3-0.

 

5.†††††††† TRIBUTE TO PAUL GRESKY FOR HIS EFFORTS IN HUNTERíS SAFETY EDUCATION:† Commissioner Johnson introduced Paul Gresky and highlighted a significant milestone in his career as a hunter safety educator in having taught his 15,000th student for this program.† Mr. Gresky explained the program and expressed his sincere appreciation to Commissioner Johnson and all those he has worked with over the years.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Tribute to Paul Gresky in recognition of his contributions to the Hunterís Safety Education Program.

 

Motion carried 3-0.

 

6.†††††††† APPROVING USE OF MAGNESIUM CHLORIDE FOR ROAD MAINTENANCE ON LIMITED NUMBER OF PUBLIC IMPROVEMENT DISTRICT (PID) ROADS: ††† Mr. Miller and Mr. Johnson explained that some PID Boards are requesting the approval to use magnesium chloride for road maintenance, as it is more effective and less expensive than other alternatives.† Mr. Miller explained that the county chose to cease use of magnesium chloride about five years ago after they discovered that it can kill roadside trees and vegetation; however, there are not adverse impacts to humans.† Discussion ensued and the Board agreed that this was something that could be resolved by the neighborhood with input from the Road and Bridge Director.†

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the use of magnesium chloride at the request of the PID representatives with concurrence of the Road and Bridge Director and some level of neighborhood notification and acceptance of the residents.††

 

Motion carried 3-0.

 

7.†††††††† INFORMATION BRIEFING ON HB 12-1224 CONCERNING THE CREATION OF A CONSOLIDATED COMMUNICATIONS SYSTEM AUTHORITY:† Mr. Rowe and Sheriff Smith presented House Bill 1224 regarding the Creation of a Consolidated Communications System Authority and discussed the pros and cons of the bill with the Board.†

 

8.†††††††† WORKSESSION:† Ms. Block presented an extension to the temporary permit issued to Phaze Nightclub and noted that the Clerkís office is requesting approval on the same.† Ms. Cookman stated that the liquor license is on-hold at the state level; therefore, the temporary permit needs to be extended so the owner can continue operating his establishment.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve extending the temporary liquor permit for Phaze Nightclub, for an additional two months.

 

Motion carried 3-0.

 

9.†††††††† COMMISSIONER ACTIVITY REPORTS:† The Board reviewed their activities at events during the past week.

 

10.†††††† LEGAL MATTERS:† Ms. Connors presented the results of the settlement agreements for pending liquor license violations, and requested approval on the same.†

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners accept the stipulation agreements for Vernís Liquor, The Plaza Inn, and Bar SS Tavern, and set show cause hearings for Schrader Country Store #440, and Hacienda Real.

 

Motion carried 3-0.

 

The meeting recessed at 10:45 a.m., with no further action taken.

 

 

 

ABATEMENT HEARING

 

The Board of County Commissioners reconvened at 2:00 p.m. for abatement hearings. Chair Gaiter presided and Commissioners Johnson and Donnelly were present. Also present were:  Diane Ahart, Assessorís Office; Joe Monzon, Marvin and Poer Company; and Gael Cookman, Deputy Clerk.†

 

 

1.  PETITION FOR ABATEMENTS FOR GOVERNORíS PARK APARTMENTS (SCHEDULE NO. R1139754) AND FOR COURTNEY PARK APARTMENTS (SCHEDULE NO.íS R1201891, R1201905, R1201913):† Mr. Monzon explained that he had time to visit with Ms. Ahart prior to the hearing and has now agreed to the values set by the Assessorís Officer; therefore, a hearing on the properties in question was not necessary.†

 

The Board dismissed the hearing based upon this information, and recessed until 3:30.

 

 

ABATEMENT HEARING

 

The Board of County Commissioners reconvened at 3:30 p.m. for an abatement hearing. Chair Gaiter presided and Commissioners Johnson and Donnelly were present. Also present were:  Davin Stephens, Assessorís Office; Richard Fisher, petitioner; and Gael Cookman, Deputy Clerk.†

 

1.  PETITION FOR ABATEMENT FOR FISHER ENVIRONMENTAL, LLC, (SCHEDULE NO. R0295116):†† Mr. Fischer stated that the land in question was originally 100 acres that was split 60/40, and he does not understand how his 40-acre parcel, can be valued more than the 60-acre parcel.

 

Mr. Stephens presented his comparables for the property, noting that the value placed on the land was derived mainly by the soil types that were present within each parcel.† Much discussion ensued regarding the technical analysis of different soil types present and the values assigned to each, which ranged from 5.57 to 289.54 per acre.† Ultimately, the Board agreed to uphold the Assessorís valuation on the property.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners deny the Petition for Abatement for Schedule Number R0295116, and uphold the Assessorís value of $8,963.00.

 

Motion carried 3-0.

 

There being no further business, the hearing adjourned at 4:15 p.m.

 

 

 

 

 

__________________________________________

   LEW GAITER III, CHAIR

BOARD OF COMMISSIONERS

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

_____________________________________

Gael M. Cookman, Deputy County Clerk