MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

MONDAY, FEBRUARY 24, 2020

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Don Threewitt, Principal Planner. Chair Johnson presided. Commissioner Donnelly and Commissioner Kefalas were present. Also present were: Lesli Ellis, and Rob Helmick, Community Development; Steven Rothwell, Engineering; Lea Schneider, Health Department; Frank Haug, County Attorney; and Elizabeth Carter, Deputy Clerk.

 

Chair Johnson opened the hearing with the Pledge of Allegiance and noted that the following items were on the consent agenda and would not be discussed unless requested to do so by the Board, staff, or members of the audience.

 

1.          SAS CONSERVATION DEVELOPMENT PRELIMINARY PLAT AND,

APPEALS TO 8.14.1.M TO ALLOW A PRIVATE ROAD RATHER THAN PUBLIC ROW, AND 8.14.1.R NOT REQUIRING CONNECTIVITY, AND REDUCTION OF RESIDUAL LAND AREA PURSUANT TO SECTION 5.3.6.A.5, FILE #18-LAND3806: This proposal was placed on the Larimer County Planning Commission consent agenda.  The only individuals present were the applicant and his agent Ms. Reu.  The Larimer County Planning Commission had some questions with respect to the conditions related to access control and revisions.  After a brief discussion the request moved forward as recommended by the Team.  The Larimer County Planning Commission forwarded a recommendation of approval to the Board of County Commissioners.

 

The Larimer County Planning Commission and Development Services Team recommends Approval of the Sas Conservation Development file # 18-LAND3806 and the requested appeals to 8.14.1.M to allow a private road rather than public right-of-way (ROW), and 8.14.1.R not requiring connectivity, and reduction of residual land area pursuant to Section 5.3.6.A.5 subject to the following condition(s):

 

A.        The final plat shall be consistent with the approved preliminary plan and with the information contained in the Sas Conservation Development File # 18-LAND3806 except as modified by the conditions of approval or agreement of the County and applicant.  The applicant shall be subject to all other verbal or written representations and commitments of record for the Sas Conservation Development File # 18-LAND3806.

 

B.         The following fees shall be collected at building permit issuance for new single-family dwellings: Poudre School District school fee, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Regional Park Fees (in lieu of dedication), and drainage fees.  The fee amount that is current at the time of building permit application shall apply. 

 

C.         Fire Requirements: all new residential structures shall be equipped with a residential fire sprinkler system. 

 

D.        All habitable structures will require an engineered foundation system. Such engineered foundation system designs shall be based upon a site-specific soils investigation.  The lowest habitable floor level (basement) shall not be less than 3 feet from the seasonal high-water table.  Mechanical methods proposed to reduce the ground water level, unless it is a response after construction, must be proposed on a development wide basis.

 

E.        Passive radon mitigation measures shall be included in construction of residential structures on these lots.  The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Building Department.  As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30 days.  A permanent certificate of occupancy can be issued when the prepaid receipt is submitted.

 

F.         The final plat shall reflect an easement for the Water Supply and Storage Company of 25 feet above the high waterline of the ditch on both sides of the ditch. 

 

G.        The final plat shall clearly note the location of all access points and the plans shall reflect the comments from the Engineering Department regarding closures. 

 

H.        The applicant shall be responsible for the proper abandonment of the existing sanitation system on Lot 2.

           

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve Consent Agenda as presented for Monday, February 24, 2020 and further moves authorizing the Chair to sign the Findings and Resolutions.

 

Motion passed 3-0

 

With there being no further business, the Board adjourned at 3:15 p.m.

 

TUESDAY, FEBRUARY 25, 2020

 

ADMINISTRATIVE MATTERS MEETING

 

The Board of County Commissioners met at 9:00 a.m. with Linda Hoffmann, County Manager. Chair Johnson presided. Commissioner Donnelly and Commissioner Kefalas were present.  Also present were: Brenda Gimeson and Alisha Jeffers, Commissioners’ Office; and Elizabeth Carter, Deputy Clerk.

 

Chair Johnson opened the meeting with the Pledge of Allegiance.

 

1.          PUBLIC COMMENT: The following members of the public addressed the Board: Ed Behan, Gayla Martinez, Tom Rhodes and Eric Sutherland.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF FEBRUARY 17, 2020

 

M O T I O N

 

Commissioner Kefalas moved that the Board of County Commissioners approve the minutes for the week of February 17, 2020.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF MARCH 2, 2020:   Ms. Gimeson reviewed the schedule for the upcoming week with the Board.

 

4.         CONSENT AGENDA:  

 

02252020R001            RESOLUTION TERMINATING RESOLUTION REGARDING SHERIFF'S DEPARTMENT POLICIES DATED APRIL 29, 1992

 

02252020R002            RESOLUTION FOR STATUTORY VESTED RIGHTS FOR THE TIPS CONSERVATION DEVELOPMENT, FILE 15-S3362

 

Miscellaneous: Recommended Reappointment to the Boxelder Basin Regional Stormwater Authority Board of Directors; Stipulation as to Tax Year 2019 Value: Thompson Valley Station LLC- R1589607; 95224-23-007; Stipulation as to Tax Year 2019 Value: Big Lincoln Place CO, LLC-R1651626; Stipulation as to Tax Year 2019 Value: HD Development of Maryland Inc c/o Home Depot USA- R1660533, 87073-49-002;Stipulation as to Tax Year 2019 Value: Union Alley Fort Collins, CO LLC- R1657054; Neckel Code Compliance Violation Case-19-CCC0393.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Consent Agenda for February 25, 2020.

 

Motion carried 3-0

 

5.         COMMENTS FROM COMMISSIONERS’ GUESTS: Commission Kefalas invited Reghan Cloudman, Public Affairs Specialist for the Canyon Lakes Ranger District and Pawnee National Grassland and James White, Fire Management Officer for Canyon Lakes Ranger District and Pawnee National Grassland to update the Board on the United States Forest Service (USDA Forest Service) Prescribe Burns initiatives in the region.

 

Mr. White reported to the Board that with the help of good snowfall the USDA Forest Service has been able to burn over 30,000 piles this winter which equates to roughly 2,000 acres of forest treatment. He noted that there are approximately 350 acres left which require treatment.  The area still requiring treatment is primarily in the Pole Hill area west of Pinewood Reservoir. Once this area is treated, that will complete the pile burn program for the year.

 

At that point, the USDA Forest Service will focus on broadcast burns in the Elkhorn and Big Horn Sheep areas. Mr. White relayed after that the USDA Forest Service will look to move into the Magic Feather area.  He noted that the Magic Feather projects would be completed over a five-year period.  Ms. Cloudman also mentioned that before any action in the area is taken a public meeting will be held with members of the community.

 

The Board and the Forest Service thanked Mr. White and Ms. Cloudman and the USDA Forest Service for the regular updates provided to the County and Board.  The Board asked the guests, beyond the public meeting, how the USDA Forest Service reaches out to the community when a prescribed burn is taking place.  Ms. Cloudman responded that when burns take place the USDA Forest Service puts up flyers and goes door to door areas impacted.  Also email alerts will be sent out and a recorded information line established. Lastly, the usual channels of social media will be utilized.  Additionally, the Board requested information as to why the boundary line into the national forest land is marked as a holding concern, but the area around the Town of Red Feather Lakes is not similarly marked. Mr. White noted that the areas of concern are determined by weather concerns, topography and fuels (sticks, pinecones, needles, etc.). Mr. White also reported that areas around Red Feather Lakes has been previously treated whereas the area into the national forest has not had any prior treatment. Lastly, the Board questioned the criteria for how the USDA Forest Service determines if logging is an appropriate means of treating these area as it would not have the same impact on air quality since there is always a certain level of smoke with any kind of burning.  Ms. Cloudman noted that the Forest Service utilizes both mechanical (logging) treatment and burns in concert with each other. She reported that both their fire and timber experts are consulted when determine treatments.  While both treatments are often used, when and where is often determined by weather and the topography of the area.  Access to the area also is of course a factor.  Additionally, she reported that prescribe burns have far less smoke impact then a wildfire.

 

6.         COUNTY MANAGER WORKSESSION:  Ms. Hoffmann updated the Board on upcoming projects and activities.

 

7.          COMMISSIONER ACTIVITY REPORTS:   The Board detailed their attendance at events during the previous week.

 

8.         LEGAL MATTERS: David Ayraud and Frank Haug, County Attorney’s Office.  Mr. Ayraud requested the Board move into Executive Session regarding Michael Rea vs Larimer County Jail, Armor Correctional Health Services and Taylor vs Kefalas, Johnson, Donnelly, Haag, Josey, Morgan, Smith, Nelson, unknown medical staff and Jail pursuant to C.R.S. 24-6-402(4)(b).

 

M O T I O N

 

Commissioner Kefalas moved that the Board of County Commissioner enter Executive Session regarding Michael Rea vs Larimer County Jail, Armor Correctional Health Services and Taylor vs Kefalas, Johnson, Donnelly, Haag, Josey, Morgan, Smith, Nelson, unknown medical staff and Jail pursuant to C.R.S. 24-6-402(4)(b) conference with an attorney to receive legal advice.

 

Motion carried 3-0

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners authorize the County Attorney to defend named County Defendants, Larimer County and employees named in their individual and official capacities and provide full indemnity to them, including punitive damages, in Colorado District Court Case 19CV215 and U.S. District Court Case 20 CV 00068; and further move that Bruno Colin and Lowe be retained as co-counsel.

 

Motion carried 3-0

 

With there being no further business, the Board adjourned at 10:00 a.m.

 

 

 

 

                                                           

                                                            ____________________________________                       

                                                            STEVE JOHNSON

                                                            BOARD OF COUNTY COMMISSIONERS

 

 

 

ANGELA MYERS

 

CLERK AND RECORDER

 

ATTEST:

 

__________________________________________

Elizabeth Carter, Deputy Clerk