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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

MONDAY, APRIL 30, 2012

 

There were no meetings scheduled for Monday, April 30, 2012.

 

 

TUESDAY, MAY 1, 2012

 

ADMINISTRATIVE MATTERS MEETING

 

The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager. Chair Gaiter presided and Commissioners Donnelly and Johnson were present. Also present were:  Donna Hart and Deni LaRue, Commissioners’ Office; Michael Kirk, Facilities Department; Bob Herrfeldt, Fairgrounds and Event Center; Gary Buffington and Dave Lentz, Natural Resources Department; Captain Tim Palmer, Sheriff’s Office; Eric Fried, Planning Department; Jeannine Haag and William Ressue, County Attorney’s Office; and Melissa Lohry, Deputy Clerk.

 

1.         PUBLIC COMMENT:  Mel Hilgenberg provided an updated schedule for the local symphony and encouraged the Board to oppose building a new stadium on Colorado State University’s Fort Collins campus.

 

Eric Sutherland addressed the Board and discussed his concerns regarding property rights within Larimer County and the City of Fort Collins’ proposed energy rebates.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF APRIL 23, 2012: 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of April 23, 2012.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF MAY 7, 2012:   Ms. Hart reviewed the upcoming schedule with the Board.

 

4.         CONSENT AGENDA:

 

M O T I O N

 

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

 

PETITIONS FOR ABATEMENT:  As recommended by the County Assessor, the following Petitions for Abatements were denied:  D&N Enterprises, Anna Kam, Donald Skaggs, Kazim Tercan, and Windy City LLP.

 

05012012A001           RIGHT-OF-WAY CONTRACT ON STATE TRUST LANDS BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO ACTING BY AND THROUGH THE STATE BOARD OF LAND COMMISSIONERS

 

05012012A002           GAS EASEMENT AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND PUBLIC SERVICE COMPANY OF COLORADO

 

05012012R001           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOTS 22 & 23 IN THE HIGH PINES SUBDIVISION

 

05012012R002           RESOLUTION REGARDING EXTENSION OF APPEAL – EXEMPTION TRACT B, AMENDED PLAT/BIVENS BBOUNDARY LINE ADJUSTMENT TIME EXTENSION

 

05012012R003           RESOLUTION ORDERING A PUBLIC HEARING TO CONSIDER PETITIONS FOR BROKEN TRIANGLE ESTATES PUBLIC IMPROVEMENT DISTRICT #45

 

05012012R004           RESOLUTION ORDERING A PUBLIC HEARING TO CONSIDER PETITIONS FOR HORSESHOE ESTATES SOUTH PUBLIC IMPROVEMENT DISTRICT #44

 

05012012R005           RESOLUTION ORDERING A PUBLIC HEARING TO CONSIDER PETITIONS FOR SOLDIER CANYON ESTATES PUBLIC IMPROVEMENT DISTRICT #52

 

MISCELLANEOUS:   Department of Human Services Payments for March 2012.

 

LIQUIOR LICENSES:  The following licenses were approved and issued:  Pool Tyme Billiards – Tavern – Loveland; Glen Haven Inn – Hotel and Restaurant – Glen Haven; and Horsetooth Liquor – Transfer of Ownership with Temporary Permit – Fort Collins.

 

Motion carried 3-0.

 

5.         MENTAL HEALTH MONTH PROCLAMATION:   Emily Dawson Peterson and Sharyn Salmen, from Touchstone Health Partners, addressed the Board to request the month of May be proclaimed Mental Health Month.

 

Commissioner Donnelly read the proclamation aloud.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners proclaim May 2012, Mental Health Month.

 

Motion carried 3-0.

 

6.         APPROVE FUNDS FOR THE RECONSTRUCTION OF THE SECURITY PERIMETER GATE AND FENCE AT THE LARIMER COUNTY JAIL:  Capt. Palmer and Mr. Kirk addressed the Board and explained that the Jail’s perimeter fence and existing gates need to be temporarily deconstructed to accommodate planned grading and roadway work. Capt. Palmer further explained that while most of the materials will be retained and reused, the existing gates, one automated and one manual, are in need of replacement; it is anticipated that the required replacement will be most easily accomplished during the current roadway construction. Therefore, Capt. Palmer requested $102,500 from the reserve budget to deconstruct the existing fence and install new gates and fencing when the roadway construction is complete.

 

Much discussion ensued between the Board, Mr. Kirk, and Capt. Palmer regarding the necessity of the proposed fencing and gates.

 

Commissioner Johnson questioned why the proposed upgrades were not part of the original construction plans. Mr. Kirk stated that the upgrades were not deemed necessary at the time the roadway construction was approved.

 

Commissioners Johnson and Donnelly stated that they would not support approving funds to replace equipment that is not obsolete or dysfunctional.

 

Chair Gaiter stated that while the fence and gates are operational, they will eventually need to be replaced and the best time to do so would be while the road construction is underway.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners deny the request for $102,500, from the reserve budget, to be used to remove the existing fence around the perimeter of the Larimer County Jail loading dock for grading and roadway improvements and construction of new gates and fencing once the roadway construction is complete.

 

Motion carried 2-1, Chair Gaiter dissenting.

 

7.         REPEAL OF RESOLUTION DESIGNATING PESTS TO BE CONTROLLED:   Mr. Buffington and Mr. Lentz addressed the Board to request that Commissioner Resolution R78-102g, from 1978 be repealed to ensure compliance with Colorado Revised Statutes 35-4-102 and 35-4-107. The resolution from 1978 has already been superseded with resolution 05112010R001, “Designating Pests to be Controlled.”

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners repeal Resolution No. R78-102g, “Designating Pests to Be Controlled.”

 

Motion carried 3-0.

 

8.         REQUEST FOR WAIVER OF 60-DAY APPLICATION PERIOD FOR SPECIAL EVENT ON PRIVATE PROPERTY:   Mr. Gluckman presented a request for appeal of the 60-day application period for a special event to be held on private property on May 19, 2012. Mr. Gluckman explained that County Land Use Code regulations require events with over 300-guests to apply for special event permits at least 60-days prior to the event in order to inform necessary public agencies and address any concerns those agencies may have.

 

The applicant and property owner, Terry Brewer, addressed the Board and explained that he and his wife would like to host a party, which may exceed 300-guests, at their residence, on May 19, 2012, beginning at 10:30 a.m. Mr. Brewer stated that the party will have five bands, and guests are encouraged to partake in dancing, volleyball, Frisbee, and kite flying.

 

Much discussion ensued between the Board, staff, and the applicant regarding possible concerns of neighboring property owners.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve a waiver of the 60-day application requirement for a special event on property.

 

Motion carried 3-0.

 

9.         APPOINTMENTS TO THE BERTHOUD COMMUNITY LIBRARY DISTRICT BOARD OF TRUSTEES:   Mr. Gluckman presented the Board with a letter from the Berthoud Community Library District, signed by Sara Wright, Director, requesting the appointment of Lara Bonilla and Paul Pointer to the Board of Trustees.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the appointments of Lara Bonilla and Paul Pointer to the Berthoud Community Library District Board of Trustees, term effective January 1, 2012.

 

Motion carried 3-0.

 

10.       ASSISTANT COUNTY MANAGER WORKSESSION :  Mr. Gluckman did not have any items to discuss.

 

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

 

12.       LEGAL MATTERS:  Ms. Haag requested the Board go into executive session to discuss a matter concerning the separation/retirement of a county employee, which requires a conference with an attorney for the purpose of receiving legal advice. Ms. Haag noted there would not be a decision following the executive session.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners go into executive session for the purpose of receiving legal advice on specific legal questions, as outlined in C.R.S. 24-6-402 (4)(b).

 

Motion carried 3-0.

 

There being no further business, the Board recessed at 10:00 a.m.

 

 

EXECTUTIVE SESSION

(No Audio Available)

 

The Board of County Commissioners reconvened at 1:30 p.m. with Neil Gluckman, Assistant County Manager. Chair Gaiter presided and Commissioners Donnelly and Johnson were present. Also present were:  Deni LaRue, Commissioners’ Office; John Gamlin, Human Resources Department; Jeannine Haag, County Attorney’s Office; and Melissa Lohry, Deputy Clerk.

 

Ms. Haag requested the Board go into executive session to discuss personnel matters, in accordance with 24-6-402(4)(f) C.R.S., with a decision to follow.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners go into executive session to discuss personnel matters, in accordance with 24-6-402(4)(f) C.R.S.

 

Motion carried 3-0.

 

The Board emerged from executive session, and the following action was taken:

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners narrow their candidate list for the position of County Manager to Linda Hoffman and Lorenda Volker.

 

Motion carried 3-0.

 

There being no further business, the Board adjourned at 2:45 p.m.

 

 

 

 

 

 

__________________________________________

   LEW GAITER III, CHAIR

BOARD OF COMMISSIONERS

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

______________________________________

Melissa E. Lohry, Deputy Clerk

 

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