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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, September 16, 2013

 

LAND USE HEARING

 

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

 

Chair Johnson opened the hearing with the Pledge of Allegiance, and explained that the only item on today’s agenda was on consent, and would not be discussed unless requested to do so by the Board, staff, or members of the audience.

 

1.  STANLEY HEIGHTS SUBDIVISION LOTS 2 AND 3 AMENDED PLAT:   This is a request  to combine two lots, Lots 2 and 3, Stanley Heights Subdivision, into a single lot.  Lot 2 is vacant and the house on Lot 3 has been demolished. A new house is planned in the same general location as the old house.   

 

Staff recommends approval of the proposed Amended Plat of Lots 2 and 3 Stanley Heights conditional to:

1.   Reformat plat for recording (remove improvements).

2.   Review and approval of Larimer County Engineering (survey review).  Requires letter of approval from Larimer County Engineering prior to mylar being sent for recording.

3.   Compliance with memo from the Town of Estes Park Water Department dated July 3, 2013.

4.   Compliance with comment #1 in email from Town Attorney White dated August 19, 2013.

 

On Tuesday August 20, 2013, the Estes Valley Planning Commission held a public hearing to discuss the proposed amended plat of Lots 2 and 3, Stanley Heights.  At this meeting, the Planning Commission found:

 

1.    Legal notice was published in the Estes Park Trail-Gazette.

 

2.    This plat complies with lot dimension and configuration requirements in EVDC 10.4 Lots.  The lot also has a legal right of access.

 

a.   This proposal complies with applicable sections of the Estes Valley Development Code, including Section 3.9.E “Standards for Review”. 

b.   Approval will not be materially detrimental to the public welfare, injurious to other property in the neighborhood, or in conflict with the purposes and objectives of this Code.

 

The Planning Commission voted unanimously to recommend approval of the proposed Amended Plat of Lots 2 and 3, Stanley Heights conditional to:

 

1.   Reformat plat for recording (remove improvements).

2.   Review and approval of Larimer County Engineering (survey review).  Requires letter of approval from Larimer County Engineering prior to mylar being sent for recording.

3.   Compliance with memo from the Town of Estes Park Water Department dated July 3, 2013.

4.   Compliance with comment #1 in email from Town Attorney White dated August 19, 2013.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda as listed above.

 

Motion carried 3-0.

 

There being no further business, the Board recessed at 3:05 p.m.

 

 

PUBLIC HEARING ON

RETAIL MARIJUANA ESTABLISHMENTS

 

The Board of County Commissioners reconvened at 6:30 p.m. with Matt Lafferty, Principal Planner. Chair Johnson presided and Commissioners Gaiter and Donnelly were present. Also present were:  Terry Gilbert, and Michael Whitley, Planning Department; Doug Ryan, Environmental Health Department; Jeannine Haag, County Attorney; and Gael Cookman, Deputy Clerk.

 

Chair Johnson opened the hearing with the Pledge of Allegiance. 

 

1.         LARIMER COUNTY RESOLUTION FOR LICENSURE OF RETAIL MARIJUANA ESTABLISHMENTS, FILE #13-CA0134:    On November 6, 2012, the voters of Colorado passed Amendment 64 which amended the Colorado Constitution by decriminalizing limited personal cultivation, possession and use of recreational marijuana by persons 21 years or older. 

 

Amendment 64 required the Colorado Department of Revenue to adopt regulations for the implementation of a state licensing program for marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities or retail marijuana stores by July 1, 2013, and required that the State of Colorado begin accepting license applications by October 1, 2013. 

According to Amendment 64, unless a local jurisdiction enacts a ban on Retail Marijuana Establishments (the generic term for any of the four types of businesses) or refers a ban to the voters, the local jurisdiction must enact regulations regarding the processing of applications to operate a Retail Marijuana Establishment no later than October 1, 2013.   Amendment 64 also specifies that local jurisdictions may enact regulations governing the time, place, manner and number of retail marijuana establishments.

Beginning in January, 2013, the Board of County Commissioners held a series of work sessions with the Larimer County Sheriff’s office, the Department of Health & Environment, the Planning Department, Team Fort Collins (a non-profit organization focused on adolescent drug and alcohol prevention), the Poudre School District and the Thompson School District to gain their input on the implementation of Amendment 64.

In April and May, the Board of County Commissioners held televised listening sessions in Fort Collins and Loveland and hosted seven citizen public meetings throughout Larimer County to solicit input from the public.

At a work session on July 1, 2013, the Board of County Commissioners directed staff to move forward with land use and licensing regulations.   Planning staff had further discussions on potential regulations at joint Board of County Commission and Planning Commission work sessions on July 10th and August 14th.

 

Planning staff has worked with the County Attorney and Clerk & Recorder’s offices to draft the proposed Larimer County Resolution for Licensure of Retail Marijuana Establishments. 

 

This public hearing is an opportunity for the public to provide input to the Planning Commission and for the Planning Commission to provide input and recommendation(s) to the Board of County Commissioners.  The Board of County Commissioners will hold a public hearing on September 16, 2013, to consider adoption of the resolution.

 

Land Use Code amendments to complement the Larimer County Resolution for Licensure of Retail Marijuana Establishments will be considered as the next agenda item.

 

The proposed resolution and Land Use Code amendments would not restrict the rights granted by Amendment 64 for the limited personal cultivation, possession and use of recreational marijuana by persons 21 years or older.  They would also not change Larimer County’s prohibition of medical marijuana centers, optional premises cultivation operations and medical marijuana infused products manufactured in unincorporated Larimer County.  

 

The complete text of the proposed Larimer County Resolution for Licensure of Retail Marijuana establishments can be obtained at the Planning Department or the Clerk and Recorder’s Office. 

 

The proposed Resolution for Licensure of Retail Marijuana Establishments would:

·  Establish the Board of County Commissioners as the body that approves, approves with conditions or denies license applications;

·  Establish procedures for license application submittal, review, processing, approval, renewal, suspension and revocation;

·   Define the four license types;

·   Limit the number of licenses available to two of each type;

·  Give existing medical marijuana facility operators priority in license application

processing;

·   Require a Planning Commission hearing for recommendations regarding land use issues as a part of the licensing process;

·   Require an annual renewal of all licenses;

·  Disallow the sale or manufacture of edible marijuana-infused products in Retail

Marijuana Establishments except for topical products, oils and tinctures;

·  Require a 1,000-foot separation between Retail Marijuana Establishments and existing schools, licensed child care homes and child care centers;

·  Require a 500-foot separation between Retail Marijuana Establishments and any existing: principal campus of a college, university or seminary; residence; church or religious institution; drug or alcohol rehabilitation facility; place of amusement or recreation; public community center or publicly owned or maintained building open for use by the general public; or public park or playground; and

·  Limit public access to Retail Marijuana Establishments to the hours of 8:00 a.m. and 8:00 p.m. MST, seven days per week.

 

The Planning staff supports the Planning Commission’s recommendation of approval of the Larimer County Resolution for Licensure of Retail Marijuana Establishments, File #13-CA0134.

 

2.         LAND USE CODE AMENDMENTS – RETAIL MARIJUANA FILE #13-CA0135:   This is a request to make changes to the adopted Land Use Code to establish regulations for Retail             Marijuana Establishments and to prohibit Private Marijuana Clubs in Unincorporated Larimer County.

 

These Land Use Code amendments are intended to complement the Larimer County Resolution for Licensure of Retail Marijuana Establishments.

 

      The proposed Land Use Code amendments would:

 

·  Add definitions for a number of terms that are found in the Larimer County Resolution for Licensure of Retail Marijuana Establishments;

·  Allow for Retail Marijuana Establishment license applications to be made only in the C – Commercial and I – Industrial zoning districts;

·  Specify that Retail Marijuana Establishments cannot be operated as Home Occupations or Accessory Rural Occupations;

·  Codify a prohibition of private marijuana clubs in the Land Use Code;

·  Specify that applications for Special Exception requests to allow private marijuana clubs shall not be accepted, reviewed or processed; and

·  Specify that appeals to the prohibition of private marijuana clubs shall not be accepted, reviewed or processed.

 

The proposed resolution and Land Use Code amendments would not restrict the rights granted by Amendment 64 for the limited personal cultivation, possession and use of recreational marijuana by persons 21 years or older.  They would also not change Larimer County’s prohibition of medical marijuana centers, optional premises cultivation operations and medical marijuana infused products manufactured in unincorporated Larimer County.  

 

PROPOSED AMENDMENTS TO THE LAND USE CODE:

  1. Amend the section 0.1 definition of home occupation to read:

 

Home occupation.  A business use conducted as a customary, incidental, and accessory use in the resident's dwelling unit, attached garage or detached building, including office work, the making of art or crafts, trade uses, the providing of personal or professional services, and similar activities, and including retail sales of products produced on the premises and products clearly incidental, secondary and ancillary to the home occupation. Uses specifically excluded from home occupations include vehicle repair or similar activities and retail marijuana establishments.

 

2.   Add  the following definitions to section 0.1:

 

Private Marijuana Club. The consumption of marijuana by persons assembled within a nonresidential structure, where such consumption is permitted, encouraged, promoted, enabled or condoned by persons assembled therein, whether such consumption is the primary intended purpose or an intended purpose incidental to other reasons for assembly therein.

 

Retail Marijuana. Marijuana or Marihuana as defined in Section 16 (2)(f) of Article XVIII of the Colorado Constitution that is cultivated, manufactured, distributed, or sold by a Licensed Retail Marijuana Establishment.

 

Retail Marijuana Cultivation Facility.  A person licensed to cultivate, prepare, and package marijuana and sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers.

 

Retail Marijuana Establishment. A Retail Marijuana Store, Retail Marijuana Cultivation Facility, Retail Marijuana Manufacturer, or Retail Marijuana Testing Facility

 

Retail Marijuana Product Manufacturing Facility.  A person licensed to purchase marijuana; manufacture, prepare, and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers.

 

Retail Marijuana Store. A Person licensed to purchase marijuana from marijuana cultivation facilities and marijuana products from marijuana product manufacturing facilities and to sell marijuana and marijuana products to consumers. 

 

Retail Marijuana Testing Facility.  An entity licensed to analyze and certify the safety and potency or marijuana.  Marijuana Testing Facilities includes only fixed structures/buildings and does not include mobile facilities that move from place to place.

 

   3.      Add the following uses to the specified zoning districts as follows:

4.1.18. C-Commercial A. Principal uses under the Commercial category:

20. Retail marijuana store (R) See section 4.3

21. Retail marijuana cultivation facility (R) See section 4.3

22. Retail marijuana product manufacturing facility (R) See section 4.3

23. Retail marijuana testing facility (R) See section 4.3

and renumber the remainder of the section.

 

4.1.19. I-Industrial A. Principal uses under the Commercial category:

20. Retail marijuana store (R) See section 4.3

21. Retail marijuana cultivation facility (R) See section 4.3

22. Retail marijuana product manufacturing facility (R) See section 4.3

23. Retail marijuana testing facility (R) See section 4.3

and renumber the remainder of the section.

 

4. Amend the zoning table inset in Section 4.1 to include the following uses:

 

Category:

Use:

Zoning districts C and I:

Commercial

Retail marijuana store

R *

Commercial

Retail marijuana cultivation facility

R *

Commercial

Retail marijuana product manufacturing facility

R*

Commercial

Retail marijuana testing facility

R*

 

5.  Add the following line immediately following the zoning table inset in Section 4.1:

 

*See Sections 4.3.3.P,Q,R & S

 

6.   Add the following new 4.3.3 use descriptions as P, Q, R & S:

P.  Retail marijuana store.  A Person licensed to purchase marijuana from marijuana cultivation facilities and marijuana products from marijuana product manufacturing facilities and to sell marijuana and marijuana products to consumers.  Retail marijuana stores shall not operate prior to obtaining State and Larimer County retail marijuana store licenses.

 

Q. Retail marijuana cultivation facility. A person licensed to cultivate, prepare, and package marijuana and sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers. Retail marijuana cultivation facilities shall not operate prior to obtaining State and Larimer County retail marijuana cultivation facility licenses.

R. Retail marijuana product manufacturing facility. A person licensed to purchase marijuana; manufacture, prepare, and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers. Retail marijuana product manufacturing facilities shall not operate prior to obtaining State and Larimer County retail marijuana product manufacturing facility licenses.

S. Retail marijuana testing facility. An entity licensed to analyze and certify the safety and potency or marijuana. Marijuana testing facilities includes only fixed structures/buildings and does not include mobile facilities that move from place to place. Retail marijuana testing facilities shall not operate prior to obtaining State and Larimer County retail marijuana testing facility licenses.

7.   Amend only the first paragraph of section 4.3.10.B definition of home occupation to read:

Home occupation.  A business use conducted as a customary, incidental, and accessory use in the resident's dwelling unit, attached garage or detached building, including office work, the making of art or crafts, trade uses, the providing of personal or professional services, and similar activities, and including retail sales of products produced on the premises and products clearly incidental, secondary and ancillary to the home occupation. Uses specifically excluded from home occupations include vehicle repair or similar activities and retail marijuana establishments.

 

8.   Amend section 4.3.10.P.4 to read:

Uses specifically prohibited as accessory rural occupations include: accommodation uses, adult uses, auto body or paint shops, community halls, general industrial uses, hazardous material storage and/or processing, flea markets, general retail, junkyards, pet animal facilities with outdoor use, shooting ranges, solid waste disposal or transfer centers, uses prohibited by state or federal law, value-added agriculture, uses classified as hazardous waste generators under state or federal legislation, and outdoor storage of recreational vehicles, boats and other large items . , and retail marijuana establishments.

 

9.   Add Section 4.3.12.C (Prohibited Uses):

 

C.   Private marijuana clubs are prohibited in all zoning districts as principal or accessory uses, including home occupations and accessory rural occupations, regardless of whether any such use is operated for profit or not for profit.

 

10.   Amend Section 4.7.2  (Special Exception Applicability) to read:

 

Only those uses that are not otherwise allowed by right, minor special review or special review, in a particular zoning district may be granted through this process, except that the county commissioners are not authorized to grant use changes (special exceptions) in a GMA district, PD-district or in the LaPorte Planning Area. Special Exception applications to allow medical marijuana centers, medical marijuana infused product manufacturers, medical marijuana optional premises cultivation operations, or other medical marijuana-related uses, or private marijuana clubs in any zoning district shall not be accepted, reviewed or processed. The county commissioners evaluate each proposed special exception use for compliance with the review criteria in this section and the development standards that apply to all development.

11.   Add Section 6.1.2.B.3 (Site Plan Review Applicability):

 

3. Medical Marijuana Establishments

 

12.   Amend Section 22.2.1.A.4 (Appeals Applicability).

 

Appeals to the prohibition of medical marijuana centers, medical marijuana infused product manufacturers, medical marijuana optional premises cultivation operations, private marijuana clubs and appeals that would allow for the submittal of a land use application to establish those or similar medical marijuana-related uses not otherwise allowed in any zoning district shall not be accepted, reviewed or processed.

 

Staff findings are as follows:

 

1.   The proposed changes are consistent with the Master Plan and the intent and purpose of the Land Use Code.

 

2.   The proposed changes are necessary to correct an omission or error in the Land Use Code.

 

3.   The proposed amendments satisfy the above review criteria for changes to the text of the Land Use Code.

 

The Planning staff supports the Planning Commission’s recommendation of  approval of the proposed amendments to the Larimer County Land Use Code, File #13-CA0135.

 

Chair Johnson explained all the work that has been accomplished thus far, with regards to gathering factual data, consulting with legal staff, law enforcement, planning staff, discussions with the two local medical marijuana owners, discussions with the school districts, Team Fort Collins, presentations at citizen meetings, and two joint meetings with the Planning Commission. He commended both Mr. Whitley and Ms. Haag for all their hard work in writing the resolution and creating the Land Use Code Amendments. 

 

Mr. Whitely pointed out some typos in the packet and made changes to correct those, and Commissioner Gaiter had a few suggestions for changes, (which are now corrected in the staff report outlined above and the proposed resolution).  He then gave a power point presentation on both the licensing regulations and the Land Use Code Amendments.   He discussed the provisions of Amendment 64, appointment of an administrator, procedures for licensure submittal, review, suspension, revocation, etc., and then reviewed the changes to the Land Use Code, as outlined above.

 

Chair Johnson opened up the hearing for public comment and the following individuals addressed the Board in favor of the proposed changes:  Peter Verchick, Erica Freeman, Jeannine Rashon, and Blane Tool.  They stated that the voters asked for these changes, that it will help alleviate the black market, that there should be more than two establishments allowed, and that it should be opened up to edibles as well as the agricultural zoning areas.

 

The following individuals addressed the Board in opposition to the changes:  Jeff Jensen, Jathan Trevena, and Ray Burgener.  They stated concerns with law enforcement, school districts, and other entities being against the sale of recreational marijuana, concerns that the vote of the people was a very slim margin, they were not convinced that it will have any affect on the black market, and concerns that it could be a “gateway” drug to other drug use. 

 

Chair Johnson closed public comment.

 

Under discussion the Board agreed that the voters had indeed voiced their desires, and that they can manage the regulations with two facilities in a slow, measured, and conservative manner.  The Board also agreed to extend the application date to February 1, 2014, and prohibit sales on Christmas day.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the Larimer County Resolution for Licensure of Retail Marijuana Establishments, File #13-CA0134, with noted changes.

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the proposed amendments to the Larimer County Land Use Code, File #CA 13-CA0135.

 

Motion carried 3-0.

 

The hearing adjourned at 8:30 p.m.

 

 

TUESDAY, SEPTEMBER 17,  2013

 

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Linda Hoffman, County Manager. Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were: Sheriff Justin Smith, Sheriff’s Department; Tim Hand, Nancy Griffith-Conklin, Mike Ruttenberg, and Joe Ferrando, Community Corrections Department; Connie Gunter, Facilities & Information Technology Department; Marc Engemoen, Public Works Division;  Mark Peterson, Engineering Department; Donna Hart, and Bob Keister, Commissioners’ Office; and Dana Polley, Deputy Clerk.

 

Chair Johnson opened the meeting with the Pledge of Allegiance.

 

Sheriff Smith gave a brief update on the status of the flood. He mentioned that staff is working around the clock to help those who need to be rescued and to start clean-up on roads and structures in the areas that they can access. The Sheriff and Undersheriff are looking into all resources available for assistance. They are also looking into staffing Sheriff Deputies in Estes Park for support and to help with patrolling. Sheriff Smith stated there were 420 people rescued yesterday and as the water is receding they will be double checking and surveying devastated areas. He said that at this point it is still unknown how many individuals are still stranded.

 

1.    APPROVAL OF THE MINUTES FOR THE WEEK OF SEPTEMBER 9, 2013.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of September 9, 2013, as presented.

 

Motion carried 3-0.

 

2.         REVIEW OF THE SCHEDULE FOR THE WEEK OF SEPTEMBER 23, 2013 :  Ms. Hart reviewed the upcoming schedule with the Board.

 

3.         CONSENT AGENDA:

 

M O T I O N

 

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

 

ABATEMENTS: As recommended by the County Assessor the following petitions for abatement have been denied: Cecil, Robin and Eade, Michael; Diack, William and Diack, Troy; GCP Skyline, LLC; Libby, Donald; Murphy, Kristen, Wager, Tracy; and Watkinson, Lisa.

 

09172013A001           DEPARTMENT OF PUBLIC WORKS CONTRACT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COULSON EXCAVATING COMPANY INC

 

09172013A002           UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION ASSISTANCE AGREEMENT

 

09172013R001           FINDINGS AND RESOLUTION APPROVING THE HARROD BOUNDRY LINE ADJUSTMENT AND VACATION OF UNUSED COUNTY ROAD 2H RIGHT-OF-WAY

 

09172013R002           SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION OF SOUTH BEND DEVELOPMENT LLC

 

MISCELLANEOUS:           Recommended Mid-Term Appointment of Jeff French to the Community Corrections Advisory Board.

 

LIQUOR LICENSES:         The following licenses were approved and/or issued: North Shore RV & Store – 3.2% Beer Retail – Loveland; Hacienda Real – Hotel and Restaurant – Fort Collins.

 

Motion carried 3-0.

 

4.         TO PROCLAIM THE WEEK OF SEPTEMBER 17, 2013 AS CONSTITUTION WEEK:   Sue Harmon, Regent; Libbi Alcon, Vice Regent; Katherine Snider, Chairman Service to Veteran’s Committee; and Susan Brand, Chairman National Defense Committee requested the Board proclaim the week of September 17, 2013, as Constitution Week on behalf of the Daughters of the American Revolution. They briefly explained the efforts of their organization to promote patriotism, education and historic preservation in communities across America.

 

Commissioner Donnelly read the proclamation aloud.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners proclaim the week of September 17, 2013, as Constitution Week.

 

Motion carried 3-0.

 

5.         REQUESTING A FTE SUBSTANCE ABUSE TEAM LEAD FOR THE INTENSIVE RESIDENTIAL TREATMENT (IRT) AND SHORT-TERM INTENSIVE RESIDENTIAL REMEDIAL TREATMENT (STIRRT) PROGRAM:   Mr. Hand addressed the Board regarding their request to hire a FTE for a Substance Abuse Team Lead. He explained that the department of Criminal Justice receives funds for the purpose of intensive residential treatment programs which this position will be a part of. The position would cost about $75,000 annually and give additional monies for outsourcing treatment needs. This position will be completely funded by Community Correction and no General Fund money will be used.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve a FTE Substance Abuse Team Lead for the Intensive Residential Treatment Community Corrections Program.

 

Motion carried 3-0.

 

6.         COMMUNITY CORRECTIONS KITCHEN REMODEL:   Mr. Hand explained the need for a kitchen in the Community Corrections building. Currently those in the Community Corrections building commute to the kitchen in the Alternative Sentencing Building for meals or they eat in their rooms. Having a cafeteria and kitchen in the Community Corrections building will eliminate the extra management needed to monitor the inmates. There will be no General Fund money used for this remodel. It will all come from the Community Corrections money. Ms. Gunter reviewed the map of the remodel layout for the kitchen  with the Board.

 

The Commissioners stated their support of this change.

 

7.         STATUS UPDATE AND ALLOCATION OF FUNDING FOR HIGH PARK FLOOD MITIGATION ACTIVITIES:   Mr. Engemoen first gave an update regarding the flood damage. He stated that there are teams in the air and on the ground doing everything possible to survey the damage and get a good idea of what the restoration costs will be. Right now there is at least $10 million in structure repairs alone. Time is also a concern. The prediction is that recovery will take months both because of the significant damage and because it is so late in the season.  Some discussion ensued regarding the specific damage to bridges and culverts. There are an estimated 20 culverts that need to be replaced and approximately 3 bridges. Some discussion continued on the need for temporary repairs in order to make the roads passable through the winter season until permanent construction can begin. The Board asked about CDOT’s plan for Highway 34 repairs and Mr. Engemoen stated that they will be meeting this Friday with CDOT to discuss the surveying and repairs of Highway 34. The county is currently trying to develop maps that can be distributed for the public to see where the damage is and if property is accessible or not. They are also trying to finalize a full assessment of damage to roads in the county within the next couple days. Some discussion ensued about funding for repairs and Mr. Engemoen ensured the Board that the county will seek funding from wherever possible. However, there will be some expenses that will not be refunded because the county will try to improve some structures instead of just replace them.

 

Ms. Hoffman got word from the Undersheriff that FEMA wants an immediate prioritized list of damaged roads in the county along with explanation. FEMA will compile our list with the other affected counties and make a prioritized list for the state.

 

Mr. Peterson updated the board on the current remediation work going on in response to the High Park Fire. He explained that the City of Fort Collins and the City of Greeley have been in the process of doing wood mulching to help with water shed stabilization. They were about to enter phase B of the project which was going to be managed by Larimer County.  The county cost would have been $1.6 million at $19,000 dollars an acre for the wood mulch stabilization. The county has issued a stop work order since the flood last week and they are discussing with the NRCS about utilizing that money in other areas to respond to the emergency from the flood. The county needs to let the contractor know this week if they will continue with the mulching activities. The commissioners agreed that the Engineering department can make that decision.

 

8.         STRATEGIC PLAN OBJECTIVES:  Due to the flood, the objectives are not ready now.  Ms. Hoffman said that good progress has been made on the objectives and recommended they be discussed in two weeks when Chair Johnson will available.

 

9.         COUNTY MANGER WORKSESSION:  Ms. Hoffman informed the Commissioners on the efforts and work being done by staff  in responding to the flood. The Sheriff’s Department has taken the lead and is working extensively. Ms. Hoffman highlighted the efforts being made by the Commissioners’ staff including: the GIS team which is working full time and supporting staff in many ways and doing widespread work with mapping. Public Health is on the ground helping to get things up and running, and getting vaccines to people. Road and Bridge is working endlessly assessing conditions and making decisions on road closures. The Purchasing department is working extremely hard to make sure all the accounting and record keeping is in order. Ms. Hoffman explained that the accounting during a flood disaster is very different than during a fire disaster. In a fire all accounting is delegated to a higher level response team. In all other disasters, including flood, expenses are financed locally, and then reimbursed.  Ms. Hoffman explained that the only difference between accounting for these disasters is with cash flow and not what the ultimate cost will be. Some discussion ensued.

 

Ms. Hoffman proposed to the commissioners that they stock a fund for cash flow to pay for flood expenses in the amount which was recommended to her by the Undersheriff of $8 million. Commissioner Gaiter expressed his hesitation with approving such a large amount of money without being given more detail on expenses. Ms. Hoffman explained that she is requesting approval for cash flow and not expenses.

 

Additionally, Mr. Keister mentioned that the budget process is still going on for 2014 and the budget will need to reflect the money that is being set aside as cash flow for the flood.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners appropriate $8 million dollars for emergency rescue efforts related to the 2013 flood.

 

Motion carried 3-0.

 

10.       COMMISSIONER ACTIVITY REPORTS:  The Board reviewed their activities during the previous week.

 

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

 

The meeting recessed at 11:00 a.m., with no further action taken.

 

 

ABATEMENT HEARING

 

The Board of County Commissioners met at 2:30 p.m. for an Abatement Hearing.  Chair Johnson presided and Commissioner Donnelly was present. Also present were: Christine Murray, Assessor’s Office; and Dana Polley, Deputy Clerk.

 

Ms. Murray explained that the applicant, Steve Mack with MFLD Partnership, received an assessed value of  $282,000 from the Board of Equalization for 2013. In light of this adjustment and considering the circumstances of the specific property, Ms. Murray suggested a value of  $308,000 for tax year 2011.

 

The applicant agreed this amount reasonable. And the commissioners supported the recommendation from the Assessor’s Office.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners set the value for 1001 S Lemay Ave, Fort Collins, CO 80524, to $308,000 for the 2011 tax year.

 

Motion carried 2-0.

 

The hearing adjourned at 2:35 p.m.

 

 

FRIDAY, SEPTEMBER 20, 2013

 

MEETING TO EXTEND

EMERGENCY DECLARAION

 

The Board of County Commissioners met at 3:00 p.m. with Linda Hoffmann, County Manager.   Chair Johnson presided and Commissioners Gaiter and Donnelly were present. Also present were:  Neil Gluckman, Commissioners’ Office; Bill Ressue, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

Mr. Ressue explained that the local disaster declaration made last week expires in seven days, and now the Board needs to either extend it of vote to remove it.  Mr. Ressue noted that the county continues to be impacted by the flooding and damage and that rescue efforts are still underway; therefore, he advised the Board to extend the declaration.

 

Commissioner Gaiter preferred to extend the declaration to a date certain.  Chair Johnson stated that he preferred to utilize the current language and allow it to remain in place until revoked. 

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners extend the Emergency Declaration for Larimer County to Wednesday, November 6, 2013.

 

Motion carried 2-1; Chair Johnson dissenting.

 

09202013R001           RESOLUTION REGARDING LOCAL DISASTER EMERGENCY

 

Some discussion then ensued regarding the employee retirement plan, and timing of releasing and approving the agreement designating a new administrator.

 

The meeting adjourned at 3:15 p.m.

 

__________________________________________

   STEVE JOHNSON, CHAIR

BOARD OF COMMISSIONERS

 

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

______________________________________

Dana S. Polley, Deputy Clerk

 

 

______________________________________

Gael M. Cookman, Deputy Clerk

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