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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, November 5, 2012

 

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Gaiter presided and Commissioners Donnelly and Johnson were present. Also present were:  Traci Shambo, Engineering Department;  Jeannine Haag, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

Chair Gaiter opened the hearing with the Pledge of Allegiance.

 

1.    LARIMER COUNTY STORMWATER QUALITY ORDINANCE AMENDMENT 2ND READING:   This is a request to adopt the proposed updates to the Stormwater Quality Ordinance.

 

The National Pollution Discharge Elimination System (NPDES) program is a national standard that regulates stormwater quality. Under the umbrella of the NPDES program, the Colorado Department of Public Health and Environment (CDPHE) administers the Colorado Discharge Permit System (CDPS) for stormwater discharges associated with municipal separate storm sewer systems (MS4s). An MS4 is defined as a drainage and storm sewer conveyance system, owned or operated by a public agency that is not connected to a sanitary sewer system and does not lead to a water treatment plant.

 

This MS4 permit authorizes Larimer County to discharge stormwater into waters of the State. The initial MS4 permit period for Larimer County was from 2003 to 2008. The second permit period began in March of 2008 and will expire towards the end of 2013.

 

To be in compliance with the terms of the second permit, Larimer County adopted the Larimer County Stormwater Quality Ordinance in January of 2008. The ordinance is now applicable in unincorporated Larimer County. The ordinance provided Larimer County with the necessary legal authority to pursue illicit discharge violations, which is a component of program areas #4, #5, and #6.

 

The MS4 permit requires adherence to six (6) minimum areas of required compliance. Those areas are: 

1.   Providing public education about the importance of discharge elimination

2.   Support for public participation by encouraging dialogue between government and individuals / businesses

3.   Utilization of ‘good housekeeping’ measures for internal local entity projects and policies

4.   Administering policies that minimize construction site runoff

5.   Overseeing post construction stormwater facility maintenance

6.   Focus on minimizing, and preferably eliminating, illicit discharges

 

PROPOSED ORDINANCE CHANGES

 

As part of the CDPHE’s second permit period audit program, it was brought to our attention that several minor changes to our current stormwater quality ordinance were needed to be in full compliance with the MS4 permit.  County engineering staff has therefore made the draft changes to the ordinance to ensure that the County is in compliance with the State permit requirements.  The changes clarify applicability and requirements of the ordinance and also facilitate enforcement of our Stormwater Management Plan to the “maximum extent practicable.”  

 

The proposed ordinance changes are attached.  The main changes include:

 

·  The definition for “non-stormwater Discharge” has been changed to more closely match the language in the State MS4 Permit. It should be noted that after the initial reading staff made changes to line items (k.) and added line item (l.) in the definition based on comments from Commissioner Gaiter after the meeting.

 

·  The definition of “Construction Activity” will be changed to clearly match the correct disturbance language required in the MS4 permit. 

 

·  The Best Management Practice (BMP) Definition will be expanded to specifically include permanent, post construction BMPs. 

 

·  Section 10 of the ordinance has been expanded to make it clear that “all construction activity” must comply with the ordinance. 

 

·  Minor changes have been made to Section 13 of the ordinance to clarify the applicability of the ordinance and the County enforcement procedures. 

 

OTHER AGENCY’S INPUT:

 

The CDPHE gave all Colorado MS4 permit holders until December 31, 2012, to adopt any needed changes to their ordinances and codes, so many other permit holders are also in the process of updating their ordinances by the required timeframe.  Staff collaborated with these other permit holders to work through the details of the needed ordinance changes.

 

Staff has also been working on the draft changes with the Colorado Stormwater Council, a non-profit organization created to facilitate collaboration between the State CDPS Municipal Stormwater (MS4) permit holders.

 

After input and coordination with other jurisdictions, the draft language in the ordinance was further refined after several reviews by the County Attorney. 

 

ORDINANCE ADOPTION PROCESS:

 

The 1st reading of the Larimer County Stormwater Quality Ordinance occurred at a Board of County Commissioners Administrative Matters meeting on October 9th, at which time the BCC elected to move forward in the adoption process towards this public hearing. 

 

Since the first reading, the full ordinance was published in the Coloradoan on October 19, 2012.

 

The next step is the second reading at a public hearing, which is the public hearing with the Board of County Commissioners on November 5, 2012. 

 

After the second reading, a second publication in a paper is also required.  The full publication is required if any changes were made since the initial reading. Since two minor additions have been made to the ordinance based on input from Commissioner Gaiter after the initial reading, the entire ordinance will be published again. 

 

 The revised ordinance is effective 30 days after the second publication in the paper. The effective date is expected to be approximately December 15, 2012.  

 

STAFF FINDINGS:

 

The ordinance changes will allow the County to be in compliance with State permit regulations. Staff has been implementing the requirements of the current ordinance since 2008 and there are no substantial regulation changes being made with the proposed revisions.

 

The majority of the NPDES program will continue to be focused on education, outreach and prevention to reduce the frequency and impacts of pollutants being accidentally or intentionally discharged onto neighboring properties and into the roadside ditches, rivers, canals, lakes, and other major water bodies of Larimer County.  However, the ordinance will continue to provide the County with the needed enforcement capabilities to have an effective stormwater program.

 

Ms. Shambo explained the proposed changes, and a brief discussion with the Board ensued.

 

There was no one in the audience present to comment on this item.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners adopt the proposed changes to the Larimer County Stormwater Quality Ordinance. 

 

Motion carried 3-0.

 

The hearing adjourned at 3:10 p.m.

 

 

TUESDAY, NOVEMBER 6, 2012

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Linda Hoffmann, County Manager. Chair Gaiter Presided and Commissioner Donnelly was present. Also present were:   Donna Hart, and Neil Gluckman Commissioners’ Office; Lynette McGowan, Office on Aging; Lorenda Volker, Human Resources Department; and Gael Cookman, Deputy Clerk.

 

Chair Gaiter opened up the meeting with the Pledge of Allegiance.

 

1.    PUBLIC COMMENT:  Eric Sutherland provided comments regarding Abound Solar Energy and he commended the Weld County Commissioners who are seeking to retrieve the tax dollars owed to their community by this company.   Mr. Sutherland also stated that these same solar panels were installed on Rocky Mountain Innosphere buildings, paid for with tax increment funding, and he urged the Larimer County Commissioners to ensure that community schools do not suffer from the loss of tax dollars related to this type of practice. 

 

2.      APPROVAL OF THE MINUTES FOR THE WEEK OF OCTOBER 29, 2012: 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of October 29, 2012.

 

Motion carried 2-0.

 

3.    REVIEW OF THE SCHEDULE FOR THE WEEK OF NOVEMBER 12, 2012:   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 following documents, as listed on the consent agenda outlined below:

 

11062012A001           FY12 NATIONAL EMERGENCY GRANT ON-THE-JOB TRAINING (NEG-OJT) PROGRAM EXPENDITURE AUTHORIZATION AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE LARIMER COUNTY WORKFORCE CENTER AND THE COLORADO DEPARTMENT OF LABOR

 

11062012A002           SIGNAL BEHAVIORAL HEALTH NETWORK PARTICIPATION AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, LARIMER COUNTY COMMUNITY CORRECTIONS AND SIGNAL BEHAVIORAL HEALTH NETWORK, INC.

 

11062012A003           AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR WARBERG FARM CONSERVATION DEVELOPMENT, 04-S2296, BETWEEN THE BOARD OF COUNTY COMMISSIONERS, SONJA E. MAST, THE WARBERG FARM DEVELOPMENT LLC, AND WARBERG FARM HOMEOWNER’S ASSOCIATION

 

11062012R001           FINDINGS AND RESOLUTION APPROVING THE INTERSTATE LAND HOLDINGS MINOR LAND DIVISION

 

11062012R002           LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 165, 166, AND 167, IN HORSETOOTH LAKE ESTATES

 

11062012R003           RESOLUTION REGARDING EXTENSION OF APPROVAL BOSWORTH’S ADDITION LOTS 1-4, BLOCK 9, AND LOTS 15-18, BLOCK 10, AMENDED PLAT/RIGHT-OF-WAY VACATION

 

11062012R004           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOT 3 IN THE BISON BLUFF ACRES SUBDIVISION

 

11062012R005           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOTS 5 AND 6 IN BLOCK 2 OF THE LETITIA LAKE SUBDIVISION

 

MISCELLANEOUS:  Appointment of Jon Nicholas to the Estes Park Local Marketing District Board of Directors for a 4-year term, beginning January 1, 2013, and expiring December 31, 2016.    

 

LIQUOR LICENSES:  The following liquor licenses were approved and or issued:  Aspen Lodge – Hotel & Restaurant Temporary Permit – Estes Park.

 

Motion carried 2-0.

 

5.    “NATIONAL FAMILY CAREGIVER MONTH” PROCLAMATION:  Ms. McGowan requested that the Board proclaim the month of November as “National Family Caregiver Month.”  Commissioner Donnelly read the proclamation aloud, and some discussion ensued.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners proclaim the month of November 2012, as “National Family Caregiver Month.”

 

Motion carried 2-0.

 

6.   APPOINT LARIMER COUNTY REPRESENTATIVE TO THE LARIMER ENERGENCY TELEPHONE AUTHORITY (LETA):    Ms. Hoffmann explained that Undersheriff Bill Nelson’s term is up for renewal and he has requested to continue representing Larimer County on the LETA Board.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the appointment of Undersheriff Bill Nelson to the Larimer Emergency Telephone Authority Board for a two-year term beginning January 1, 2013, and expiring December 31, 2014.

 

Motion carried 2-0.

 

 

7.   VOLUNTARY STAFFING REDUCTION PROGRAM INTERIM UPDATE:  Ms. Volker presented some data for the Board to review pertaining to the number of individuals who have applied for staffing reduction, those who have been approved, and the cost savings thus far.  Some discussion ensued.

 

 

8.   COUNTY MANAGER WORKSESSION:   Ms. Hoffmann and Ms. Volker explained that there are six individuals set to terminate employment with Larimer County on December 31, 2012, which will be their last day of work.  However, county policy does not allow someone to terminate on a holiday, and since the Board has authorized the extra two Monday holidays in December, they requested that these six individuals be allowed to take advantage of the holiday pay and yet still terminate at the close of business on December 31, 2012.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners waive county policy and authorize the six individuals set to terminate employment on December 31, 2012, to be paid for the holiday as well as terminate their employment at the close of business; this condition  applies only to those six individuals who have already submitted their termination applications.

 

Motion carried 2-0.

 

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

 

 

10.   LEGAL MATTERS:   There were no legal matters to discuss.

 

The meeting adjourned at 9:40 a.m.

 

 

__________________________________________

   LEW GAITER III, CHAIR

BOARD OF COMMISSIONERS

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

______________________________________

Gael M. Cookman, Deputy Clerk