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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

MONDAY, DECEMBER 16, 2013

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner.  Chair Johnson presided with Commissioners Donnelly and Gaiter present.  Also present were: Brenda Gimeson and Karin Madson, Planning Department; Clint Jones, Engineering Department; Doug Ryan, Health and Environmental Department; Jeannine Haag, County Attorney’s Office, Mary Douglas, Ponderosa Realty; and Denise Ruybal, Deputy Clerk.  Chair Johnson opened the hearing with the Pledge of Allegiance, and explained that the two items are on the consent agenda and would not be discussed unless requested by the Board, staff or other member of the audience.

 

1.    CRYSTAL LAKES 8TH FILING LOTS 18 & 19 LOT CONSOLIDATION AND EASEMENT VACATION, FILE #13-S3190:  This request is to combine two adjacent lots, lots 18 and 19, Crystal Lakes 8th Filing, into one lot and vacate the common lot line easements between the two lots. All of the lots access Isleta Court and all are owned by the same person. There is currently one existing cabin and small shed on Lot 19 and Lot 18 is vacant.  This consolidation is being requested by the owners in an attempt to pay a HOA fee for the one lot as opposed to the two HOA fees they now pay.

The Development Services Team recommends approval of the Lot Consolidation for the Crystal Lakes 8th Filing, Lots 18 and 19, and easement vacation (File # 13-S3190) subject to the following conditions:

 

1.   All conditions shall be met and the final resolution of the County Commissioners recorded by June 16, 2013, or this approval shall be null and void.

 

2.   The resultant lot is subject to any and all covenants, deed restrictions or other conditions that apply to the original lots.

 

3.   The reconfiguration of the lots lines shall be finalized at such time when the findings and resolution of the County Commissioners is recorded.

 

2.    MEADOWLARK RIDGE CONSERVATION DEVELOPMENT LOT 3 EASEMENT VACATION, FILE #13-S3189: This application is for vacation of the northern 20’ by 50’ portion of a common access easement, located on Lot 3 of the Meadowlark Ridge CD. The applicant would like to relocate the access to the north about 130 feet, to the center of Lot 3. The southern portion of the access easement will remain in place until such time as the lot owner utilizes it as their driveway or it is vacated by a separate application. A utility meter is currently installed in the center of the portion of the existing access easement on this lot.  The Development Services Team recommends approval of the Meadowlark Ridge Conservation Development Lot 3 Easement Vacation, File # 13-S3189.

 

M O T I O N

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

Motion carried 3-0.

There being no further business, the hearing adjourned at 3:10 p.m.

 

TUESDAY, DECEMBER 17, 2013

 

ADMINISTRATIVE MATTERS MEETING

 

The Board of County Commissioners met at 9:00 a.m. with Linda Hoffman, County Manager. Chair Johnson presided and Commissioner Gaiter was present. Also present were: Donna Hart, Deni LaRue, and Neil Gluckman Commissioners’ Office; Gary Buffington, Dan Rieves and Travis Rollins, Department of Natural Resources; and Denise Ruybal, Deputy Clerk.

 

1.    PUBLIC COMMENT: Chair Johnson opened the meeting up to public comment giving citizens the opportunity to address the Board of Commissioners with events and issues pertaining to Larimer County.

 

Chair Johnson led the meeting in the Pledge of Allegiance.

 

2.    APPROVAL OF THE MINUTES FOR THE WEEK OF DECEMBER 9, 2013:

 

M O T I O N

 

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

 

Motion carried 2-0.

 

3.    REVIEW OF THE SCHEDULE FOR THE WEEK  OF DECEMBER 23, 2013:

Ms. Hart reviewed the upcoming schedule with the Board.

 

4.    CONSENT AGENDA:

M O T I O N

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

PETITIONS FOR ABATEMENTS – As recommended by the County Assessor the following petitions for abatement have been approved: Berthoud National Bank, TKH Real Estate Holdings, LLC, and TOYS R US Delaware Inc.,

12172013A001            CONTRACT BY AND BETWEEN STATE OF COLORADO DEPARTMENT OF HUMAN SERVICES AND LARIMER COUNTY FOR REHIRE COLORADO TRANSITIONAL JOBS PROGRAM

12172013A002           LAW ENFORCEMENT AGREEMENT BETWEEN THE TOWN OF WELLINGTON AND LARIMER COUNTY

12172013A003            GRANT AGREEMENT BETWEEN THE STATE OF COLORADO DEPARTMENT OF PUBLIC SAFETY DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT AND LARIMER COUNTY PUBLIC ASSISTANCE 2013 FLOOD

MISCELLANEOUS: Compliance Certification for Discharges from the Application of Pesticides; CDHS Certification of Compliance County Merit System Year 2014;  Larimer County Child Care Assistance Program Waiting List Implementation Budget Cuts FY 2013/2014;  Stipulation as to Tax Year 2013 Value, Cadeka Properties LLC;  Stipulation as to Tax Year 2013 Value, Las Vegas Procyon Ventures LLC;  Stipulation as to Tax Year 2013 Value, Vi-Per Investments LLC; Stipulation As To Tax Year 2013 Value, Kathy L. Sanner;  Stipulation as to Tax Year 2013 Value, H. Luis and Letha I Robinson;  Stipulation as to Tax Year 2013 Value, Detlof Living Trust.

LIQUOR LICENSES: Ptarmigan Country Club – Hotel and Restaurant with Optional Premises – Fort Collins;  Masonville Store – 3.2% Beer Retail – Masonville;  Ovations Food Services LP – New Manager Registration – Fort Collins.

 

Motion carried 2-0.

 

5.    NEW RANGER II POSITION AND ASSOCIATED HIRING FREEZE EXCEPTION REQUEST – Mr. Rieves and Mr. Buffington presented a brief review of the Ranger positions at Horsetooth Reservoir.  Their department currently has a vacancy for a Ranger position as well as an 11 month temporary Ranger position that the department would like to make a full time position.  Due to the hiring freeze, the Board of Commissioners would need to approve the new full time Ranger position.  The addition of this new position has been approve through the Human Resources Department and will be funded with money from the Open Space Sales Tax.

 

M O T I O N

Commissioner Gaiter moved that the Board of County Commissioners approve a new Ranger II position within the Open Lands Program, to approve the Hiring Freeze Exception request associated with this new position and to allow the current Ranger vacancy to be filled.

 

Motion carried 2-0.

 

6.    WORKSESSION: Ms. Hoffman had no issues to discuss with the Board.

 

7.    COMMISSIONER ACTIVITY REPORTS: The Board reviewed their activities during the previous week. Chair Johnson drafted a letter to the Child Welfare Allocation Committee of CCI expressing the Board’s concern with the formula and the loss of funding for Larimer County and the impact on our services, secondly opposing using 4A waiver savings for close out for counties that overspend their budget, it is understood that this is a violation of state statue so they probably won’t recommend that, thirdly, as they look for new measures in the formula that they encourage the remaining home measure to stay, be in the formula for the first time since the purpose of the 4A waiver is for permanacy for kids, to encourage that, the formula right now kind of encourages out of home placement and rewards those and finally they are looking at how they figure the savings, what year do they go and figure the savings from, so 4A waivers were about $50,000,000.00 of funding so we’re going to suggest that they go back to 2006-2007 because a lot of counties have been reducing their spending and tight now we’re about $12,000,000.00 below that.  To give counties credit for what they have done already and reducing out of home placements, we’re suggesting they go back and look at when the 4A waiver funding just about equaled the state allocation, so the counties will get credit for the work they have already done.

 

8.    LETTERS OF SUPPORT REQUESTS FOR TOUCHSTONE – BEHAVIORAL HEALTH SERVICES TO THE MEDICAID POPULATION AND TO PROVIDE BEHAVIORAL HEALTH CRISIS RESPONSE SERVICES –  Mr. Gluckman briefly explained the purpose of the two letters the Board is being asked to support and sign.  The first letter coincides with the application to provide behavioral health services to the Medicaid population in Larimer County for the years 2014-2019.  The second letter is to support the proposal to provide Behavioral Health Crisis Response Services in Larimer County.  Commissioner asked that both letters be changed to read that ‘we’ are writing instead of ‘I’ an writing, since the Board will be signing the letters.  Mr. Gluckman stated that he had some minor changes to the letters.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of Commissioners approve the two letters in support of Touchstone Health as well as the letter to Colorado Counties Inc. on the Child Welfare Allocation.

 

Motion carried 2-0.

 

9.    LEGAL MATTERS: There were no legal matter for discussion.

 

The meeting adjourned at 9:25 a.m., with no further action taken.

 

THURSDAY, DECEMBER 19, 2013

 

BUDGET ADOPTION HEARING

 

The Board of County Commissioners met at 2:10 p.m. with Linda Hoffmann, County Manager.  Chair Johnson presided and Commissioners Donnelly and Gaiter were present.  Also present were: Deni LaRue, Bob Keister and Cheryl Miget, Commissioners’ Office; Jeannine Haag, County Attorney’s Office; and Denise Ruybal, Deputy Clerk.

 

Chair Johnson opened up the hearing to public comment:

 

Mel Hilgenberg commented on the exceptional work done by the Road and Bridge Department pertaining to the necessary work as a result of the flood.  He also referenced pre-trail, Human Services, Commissioners’ salaries and cash flow in regards to pending reimbursement from federal agencies.

 

Eric Sutherland commented on Boxelder Sanitation District, The Open Records Act, Child Care Assistance and issues being on a level playing field.

 

Chair Johnson closed public comment.

 

Mr. Keister explained that the purpose of the hearing was to approve the 2013 Amended Budget, to adopt the proposed 2014 County Budget and to set Mill Levies.

 

12192013R001           RESOLUTION TO AMEND 2013 BUDGET -  Amends the 2013 budget to amounts that have been previously approved by the Board of Commissioners or the County (where authority has been delegated).

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners pass the Resolution to amend the 2013 budget and transfer and appropriate monies for Larimer County, Colorado.

 

Motion carried 3-0.

 

12192013R002           RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES (COUNTY GOVERNMENT) -   This Resolution sets the total budget amounts by fund; establishes the required mill levies to finance the budget; identifies the accounting “basis” for the budget and discloses the annual and maximum payment liability for all lease-payment agreements for Larimer County.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of Commissioners approve the resolution to adopt the 2014 budget and set the levies for the County budget.

Motion carried 3-0.

 

RESOLUTIONS TO ADOPT 2014 BUDGETS AND SET LEVIES (OTHER ENTITIES) – There is a separate resolution for each entity.

 

M O T I O N

Commissioner Gaiter moved that the Board of Commissioners approve the budgets and the levies as proposed for the GIDS and PIDS presented as well Public Trustee and the Pet Control District.

12192013R003           LARIMER COUNTY GID #1991-1 ARAPAHOE PINES RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

12192013R004           LARIMER COUNTY GID #1 IMPERIAL ESTATES RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

12192013R005           LARIMER COUNTY GID #2 PINEWOOD SPRINGS RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

12192013R006           LARIMER COUNTY GID #4 CARRIAGE HILLS RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

12192013R007           LARIMER COUNTY GID #8 NAMAQUA HILLS RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

12192013R008           LARIMER COUNTY GID #10 HOMESTEAD ESTATES RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

12192013R009           LARIMER COUNTY GID #11 MEADOWDALE HILLS RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

12192013R0010         LARIMER COUNTY GID #2 CLUB ESTATES RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

12192013R0011         LARIMER COUNTY GID #13A RED FEATHER  RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

12192013R0012         LARIMER COUNTY GID #14 LITTLE VALLEY ROAD RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

12192013R0013         LARIMER COUNTY GID #16 KITCHELL SUBDIVISION RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

12192013R0014         LARIMER COUNTY GID #17 COUNTRY MEADOWS RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

12192013R0015         LARIMER COUNTY GID #18 VENNER RANCH RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

12192013R0016         LARIMER COUNTY GID #19 HIGHLAND HILLS RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

12192013R0017         LARIMER COUNTY GID #20 PTARMIGAN RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

12192013R0018         LARIMER COUNTY GID #21 SOLAR RIDGE RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

12192013R0019         LARIMER COUNTY GID #22 SADDLEBACK RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

12192013R0020         LARIMER COUNTY GID #23 EAGLE ROCK RANCHES RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

12192013R0021         LARIMER COUNTY GID #24 WESTRIDGE RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

12192013R0022         LARIMER COUNTY GID #25 ESTES PARK ESTATES RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

12192013R0023         LARIMER COUNTY GID #126 EAGLE RANCH ESTATES RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

12192013R0024         LARIMER COUNTY GID #27 CROWN POINT RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

12192013R0025         LARIMER COUNTY GID #28 TROTWOOD RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

12192013R0026         LARIMER COUNTY GID #29 VINE DRIVE RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

12192013R0027         LARIMER COUNTY GID #30 POUDRE OVERLOOK RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

12192013R0028         LARIMER COUNTY GID #31 FOOTHILLS SHADOW RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

12192013R0029         LARIMER COUNTY GID #32 CHARLES HEIGHTS RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

12192013R0030         LARIMER COUNTY GID #33 PRAIRIE TRAILS RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

12192013R0031         LARIMER COUNTY GID #34 MOUNTAIN RANGE SHADOWS RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

12192013R0032         LARIMER COUNTY GID #35 BRUNS RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

12192013R0033         LARIMER COUNTY GID #36 BONNELL WEST RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

12192013R0034         LARIMER COUNTY GID #37 TERRY COVE RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

12192013R0035         LARIMER COUNTY GID #38 CENTRO BUSINESS PARK RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

12192013R0036         LARIMER COUNTY GID #39 RAINBOW LAKES RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

12192013R0037         LARIMER COUNTY GID #40 PARAGON ESTATES RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

12192013R0038         LARIMER COUNTY GID #41 THE BLUFFS RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

12192013R0039         LARIMER COUNTY GID #42 COTTONWOOD SHORES RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

12192013R0040         LARIMER COUNTY GID #43 GRAYHAWK KNOLLS RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

12192013R0041         LARIMER COUNTY GID #44 HORSESHOE VIEW ESTATES RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

12192013R0042         LARIMER COUNTY GID #45 WILLOWS RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

12192013R0043         LARIMER COUNTY GID #46 KORAL HEIGHTS RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

12192013R0044         LARIMER COUNTY GID #47 PARK HILL RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

12192013R0045         LARIMER COUNTY GID #48 PUELBA VISTA ESTATES RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

12192013R0046         LARIMER COUNTY GID #49 WAGON WHEEL RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

12192013R0047         LARIMER COUNTY GID #50 CLYDESDALE PARK RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

12192013R0048         LARIMER COUNTY GID #51 CLYDESDALE ESTATES RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

12192013R0049         LARIMER COUNTY GID #52 SOLDIER CANYON ESTATES RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

12192013R0050         LARIMER COUNTY GID #53 HORSESHOE VIEW ESTATES RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

12192013R0051         LARIMER COUNTY GID #54 TERRY SHORES RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

12192013R0052         LARIMER COUNTY GID #55 STORM MOUNTAIN RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

12192013R0053         LARIMER COUNTY GID #56 BOYD’S WEST RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

12192013R0054         PUBLIC TRUSTEE RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

12192013R0055         LARIMER COUNTY PEST CONTROL RESOLUTION TO ADOPT 2014 BUDGET AND SET LEVIES

 

Motion carried 3-0.

 

20192013R0056         RESOLUTION TO APPROPIATE SUMS OF MONEY FOR 2014 – This resolution makes all funds in the adopted budget available for expenditure and sets spending limits for spending agency.  This limits spending by county departments to the categories and amounts in this resolution.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of Commissioners approve the resolution to appropriate the sums of money for 2014.

 

Motion carried 3-0.

 

12192013R0057         RESOLUTION TO DESIGNATE 2014 ENDING FUND BALANCES  The ending balances of each County Fund is identified as to its purpose.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of Commissioners approve the resolution to designate ending 2014 fund balances.

 

Motions carried 3-0.

 

12192013R0058         CERTIFICATION OF LEVIES AND REVENUE – Certifies a listing of mill levies and revenue that are true and accurate copies of those certified to the Board of County Commissioners by various taxing authorities.

 

M O T I O N

Commissioner Donnelly moved that the Board of County Commissioners approve the certification of the levies and revenue.

 

Under discussion of the motion, Chair Johnson provided copies of the mill levy certifications of the school districts and after looking at the ballot language feel that the schools districts are in violation of the ballot language and TABOR. He stated that he took an oath to uphold the constitution whether he likes it or not, whether it’s convenient or not, whether or not it helps schools or not  and the matter is to uphold the constitution. He also referenced a case that went to the Colorado Supreme Court, Martin G Bolt versus the Arapahoe County School District No. 6.

 

M O T I  O N

Chair Johnson moved that Board of Commissioners correct those mill levies to comply with the original ballot languages.

Under discussion of the amended motion, Commissioner Donnelly stated it is not the discretion of the Board to determine whether either of the school boards is violating TABOR, that is the job of the citizen as a taxpayer.  He also feels that the Bolt case needs to be read in its entirety to be fully understood and that the Board’s function is fully administrational.

Commissioner Gaiter noted that he had contacted the school districts and asked that they recertify their levies based on what he believed to be the correct information and they responded no that they felt they had done it correctly.  He referenced Arapahoe County’s way of dealing with this issue in that the Board is not certifying the values of the levies and they recognize they disagree with the values that are presented.

Ms. Haag gave a brief overview of the Bolt case and the Commissioners role in the certification of the levies.  Her interpretation is that the job of the Board is purely administrative in nature. A taxpayer would be the one to pursue this issue through the court process.

 

Amended Motion failed 1-2 with Commissioners Donnelly and Gaiter dissenting.

 

Original Motion carried 3-0.

 

The Board thanked Mr. Keister, his staff, and all county departments for their hard work on preparing the county budget and for their work with natural disasters the county has faced.

 

There being no further business, the Board adjourned at 2:50 p.m.

 

 

 

                                                          

 

                                                                                          _________________________________

                                                                                          STEVE JOHNSON, CHAIR

BOARD OF COMMISSIONERS

 

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

____________________________________

Denise M Ruybal, Deputy Clerk

 

 

 

 

 

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.