MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, april 8, 2019

 

    LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Donnelly presided, Commissioner Johnson and Commissioner Kefalas were present. Also present were: Chad Gray and Karin Madson, Code Compliance; Lesli Ellis, Community Development Director; Lea Schneider, Health Department; David Ayraud, Jeannine Haag and Frank Haug, County Attorney’s and Deirdre O’Neill, Deputy Clerk.

 

Chair Donnelly opened the hearing with the Pledge of Allegiance.

 

1.         SECURITY SERVICES LIMITED INVESTMENTS IN ALLIED MORTGAGE LLC, FILE #18-CCC0439: The property owner(s) are in violation of Section 4.1.2 of the Larimer County Land Use Code by using residential property to store household items outside when outdoor storage and junkyards are not allowed uses in the FA-Farming Zoning District.

 

Also, the owner is in violation of Section 4.3.10.F for storing junk vehicles which is not an allowed use on a property with a dwelling and 4.3.10.E for using semi-trailers for storage buildings.

 

BACKGROUND:

 

On November 15, 2018 Code Compliance received a complaint about a junk yard with broken down vehicles, semi-trailers, and household items stored outside on the property for over ten years. An inspection of the property confirmed the junk yard and outdoor storage. Aerial photos confirmed the violations increased in size since 2005. A zoning violation file for the former owners, the Gilmartin family was started in 2000 for the semi-trailers stored on the site and the file remained open because of property ownership issues.

 

Code Compliance Coordinator, Chad Gray, contacted the new owner. Erik Fischer, to go over the violations in December 2018. Mr. Fischer explained that he was only a third owner in the property, that Keith Gilmartin still lives on the property, and that Mr. Gilmartin will start the cleanup. Inspector Gray stopped at the property on February 4, 2019 and didn’t notice that anything had been removed or placed inside. A Board of County Commissioners public meeting was set for this date with approval from the Community Development Director.

 

A property owner has raised concerns about impacts on their quality of life from the visual impacts caused by this property.

 

STAFF FINDINGS:

 

            1.         The property is zoned FA-1 Farming.

 

            2.         In the FA-1 Farming Zoning District, Outdoor Storage and Junkyards are not listed as allowed principal uses.

 

            3.         Outdoor storage of vehicle is defined as: Only those vehicles that do not qualify as junk vehicles and are owned by the occupant or owner of a single-family dwelling and agricultural equipment may be stored outside on the same lot with the dwelling.

 

            4.         Junk vehicle is defined as: A vehicle that is inoperable (unable to move under its own power), or is partially or totally dismantled or has all or portions of its body work missing or substantially damaged or is not registered with the State of Colorado as required by C.R.S.42-3-103 or by C.R.S. 42-12-401 and 42-12-402 and/or the number plate assigned to it is not permanently attached to the vehicle as required by C.R.S.42-3-202 or is lacking proper equipment to the extent that would be unsafe or illegal to use on public road rights-of-way or otherwise not equipped with lamps and other equipment as required by C.R.S.42-4-202- -42-4.227. This definition does not include implements of husbandry, farm tractors, farm or ranch equipment, or vehicles customarily operated in a farm operation.

 

            5.         Outdoor storage is defined as: A principle use where goods such as recreational vehicles, boats and other large items, are stored outside of a building.

 

            6.         Junkyard is defined as: A facility for the display, storage, collection, processing, purchase, sale, salvage or disposal of used scrap material, equipment, junk vehicles, appliances, or other personal property whether of value or valueless. “Junkyard” does not include the storage of implements of husbandry, farm tractors, farm and ranch equipment, or vehicles customarily operated in a farm or ranch operation.

 

            7.         Semi-trailers are not permitted to be used as storage buildings or garages.

 

Staff recommends that the Board of County Commissioners set a deadline for the property to be brought into compliance and authorize Code Compliance to initiate legal action if the property is not in compliance by the deadline or falls out of compliance with the Land Use Code regulations.

 

Chair Donnelly invited Chad Gray to present the Board the Code Compliance violations.

 

Mr. Gray went over the location of the property as well as presented the Board with aerial views of the property. He explained that notice was given to the property owner and neighboring properties about today’s hearing.

 

Mr. Gray mentioned that he has received a complaint from a neighbor in December of 2018.

 

Mr. Gray went over the definitions for junkyards and junk vehicles.

 

 

Chair Donnelly invited the property owner to address the Board.

 

Mr. Keith Gilmartin explained that the property is in litigation over ownership between himself and Erik Fischer. Mr. Fischer did not attend the meeting. He explained that Mr. Fischer acquired one third of the ownership from his parents through a lien. Mr. Gilmartin is also requesting the name of the neighbor who brought forth a complaint.

 

Mr. Gilmartin is asking for time to bring the property in compliance.

 

Chair Donnelly opened the hearing for public comment.

 

No members of the public addressed the Board.

 

Chair Donnelly closed public comment.

 

There was some discussion between the Board and staff as well as a question for David Ayraud concerning the ownership.

 

MOTION:

 

Commissioner Kefalas moved that the Board of County Commissioners set a deadline of six months for the property to be brought into compliance and authorize Code Compliance to initiate legal action if the property is not in compliance by the deadline or falls out of compliance with the Land Use Code regulations in regard to junk vehicles, semi-trailers, and household items being stored outside.

 

Motion carried 3-0

 

With there being no further land use items, the Board adjourned at 3:25 p.m.

 

 

TUESDAY, APRIL 9, 2019

 

ADMINISTRATIVE MATTERS MEETING

 

The Board of County Commissioners met at 9:00 a.m. with Lorenda Volker, Assistant County Manager. Chair Donnelly presided, Commissioner Johnson and Commissioner Kefalas were present. Also present were Brenda Gimeson and Alisha Jeffers, Commissioners Office; and Deirdre O’Neill, Deputy Clerk.

 

Chair Donnelly opened the meeting with the Pledge of Allegiance.

 

1.          PUBLIC COMMENT :  Jim Block and Jim Moore addressed the Board.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF APRIL 1, 2019:

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the minutes for the week of April 1, 2019.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF APRIL 15, 2019:   Ms. Gimeson reviewed the upcoming schedule with the BOCC.

 

4.         CONSENT AGENDA:  

 

04092019A001             MUTUAL AID AGREEMENT CONCERNING LAW ENFORCEMENT COVERAGE BETWEEN THE ALBANY COUNTY, WYOMING SHERIFF’S OFFICE AND THE LARIMER COUNTY, COLORADO SHERIFF’S OFFICE.

 

04092019A002             FIRST AMENDMENT TO OFFICE LEASE AGREEMENT BY AND BETWEEN LARIMER COUNTY AND PP MIDPOINT, LLC.

 

04092019A003             SECOND AMENDMENT TO OFFICE LEASE AGREEMENT BY AND BETWEEN LARIMER COUNTY AND PP MIDPOINT, LLC.

 

04092019A004            AMENDMENT II TO LARIMER COUNTY, COLORADO AGREEMENT FOR JAIL MEDICAL PROVIDER SERVICES (P16-10) BY AND BETWEEN LARIMER COUNTY AND ARMOUR CORRECTIONAL HEALTH SERVICES.

 

MISCELLANEOUS: Appoint Eric Tracy as the Larimer County Appointed Director of the Boxelder Basin Regional Stormwater Authority, with a term expiring on April 1, 2020; Letter of Support for FY Colorado Opportunity Scholarship Initiative (COSI) Allocation: Department of Human Services payments for February 2019.

 

 LIQUOR LICENSES: Mountain Whitewater – Beer and Wine – Fort Collins; Westlake Liquors – Retail Liquor Store– Red Feather Lake– Fort Collins; Sandy’s Convenience Store – Fermented Malt Beverage Off Premises – Fort Collins; Sandy’s Convenience Store – Fermented Malt Beverage Off Premises – Loveland; Glen Haven General Store – Fermented Malt Beverage On/Off Premises – Glen Haven.

 

  M O T I O N

 

Commissioner Kefalas moved that the Board of County Commissioners approve the consent

agenda, as outlined above.

 

Motion carried 3-0.   

 

5.         COMMENTS FROM COMMISSIONERS’ GUESTS: The Commissioners did not have any guests.

 

6.         POLICE AND COURTS EXPANSION SITE DEVELOPMENT PLAN: In order to move forward with the site work construction, the site development construction plans must be signed and submitted to the City of Loveland. The plans are complete through the City of Loveland development process and ready for signature.

 

Sign the Site Development Plans so they may be submitted to the City of Loveland along with a Site Work Permit Application. This will put the project in a Position to be able to break ground mid-June 2019.

 

Ken Cooper, Facilities Director and David Bragg, Facilities Project Manager presented the Board with an update on the site development plan. They explained possible break ground dates as well as completion times for the expansion of Police and Courts of 10,000 feet.

 

MOTION

 

Commissioner Johnson moved that the BOCC approve the site development plans so that they may be submitted and processed by the City of Loveland to issue a site work construction permit.

 

Motion carried 3-0

 

7.         LETTER OF SUPPORT FOR HB-19-1308 CONCERNING FOSTER CARE PREVENTION SERVICES TO ALIGN CURRENT STANDARDS WITH THE FEDERAL “FAMILY FIRST PREVENTION SERVICES ACT”:  Request Larimer County support of HB19-1308: Concerning Foster Care Prevention Services to Align Current Standards with the Federal "Family First Prevention Services Act". The Federal Government recently passed the Family First Prevention Services Act that will make significant changes to child welfare practice nationally. In order to implement those changes, Colorado will be required to make several statutory, rule and program changes. HB19-1308 has been introduced which would make the statutory changes necessary for Colorado to be ready for implementation. The bill will certainly be discussed by CCI's HHS Legislative Committee, but it may be heard in the Legislature before the CCI process occurs.

 

Making the statutory changes now will allow County Department of Human Services, CDHS and our community partners to make rule changes and programmatic changes needed to move towards implementation.

 

Laura Waller, Human Services Director, addressed the Board explaining the HB19-1308 bill and letter of support.

 

Ms. Waller went over the breakdown of funding, stating that half comes from the federal government, 30% is matched by the state and the 20% from local government.

 

There was discussion between the Board and Ms. Waller as far as lowering the number of children in congregate care and trying to place them in more of a family setting as well as questions on block funding versus entitlement funding.

 

MOTION

 

Commission Kefalas moved that the BOCC to approve a letter of support for HB19-1308 concerning Foster Care Prevention Services to Align current standard with the federal “Family First Prevention Services Act”.

 

Motion carried 3-0

 

8.         HB19-1189 CONCERNING WAGE GARNISHING REFORM: Laura Walker, Human Services Director is requesting the Board of County Commissioners to oppose the HB 19-1189 Bill unless amended.

 

Ms. Walker explained about intentional fraud and spoke about the process for establishing and collecting the debt.

 

There was some discussion between the Board and Ms. Walker pertaining to child support programs and fiscal impacts.

 

Commissioner Johnson requested adding the amendment to the bill in the letter.

 

MOTION

 

Commissioner Johnson moved that the BOCC take an opposing position on HB19-1189 concerning Wage Garnishment Reform.

 

Motion carried 3-0

 

9.         FINANCE DEPARTMENT RECOGNITION: The County has recently received two types of financial-related recognition:

 

1.          Confirmation of Aaa rating. Moody’s Investor’s Service confirmed its Aaa General Obligation rating of the County. In the credit overview, Moody’s stated “Larimer County has an outstanding credit position. Its Aaa rating is higher than the median rating of Aa2 for US counties. The notable credit factors include a very healthy financial position, extremely small debt and pension liabilities, and extensive tax base and a strong wealth and income profile.”

 

2 .         GFOA Certificate of Achievement. The Government Finance Officers’ Association awarded Larimer County a “Certificate of Achievement for Excellence in Financial Reporting” for its 2017 Comprehensive Annual Report. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. To receive the certificate, the Annual Report is evaluated against an extensive checklist by GFOA and peer finance professionals.

 

Carol Block, Finance Director, and Lorrie Lopez, Controller spoke to the Commissioners to recognize financial stewardship and spoke of the two different types of recognition as outlined above.

 

Ms. Block mentioned that Larimer County has now received this award for 36 years in a row for the highest level of achievement in financial reporting.

The Board took a brief recess for a photo opportunity.

 

Chair Donnelly called the meeting back in session.

 

10.        ASSIGNMENT OF PRIVATE ACTIVITY BOND ALLOCATION: This is a request to assign the County’s 2019 Private Activity Bond Allocation to Housing Catalyst.

 

The County’s 2019 allocation is $5,068,193.

 

The Housing Catalyst is requesting the County’s 2019 PAB allocation to aid in financing new affordable housing developments, including a project in partnership with the Fort Collins Downtown Authority (DDA). The DDA former Elks property will be affordable rental homes for individual/families with incomes ranging from 0-80% Area Median income (AMI). The project is located at 140 E. Oak Street and is currently projected to consist of 66 total units. The project will be completed using 4% Low Income Housing Tax Credits and Private Activity Bonds.

 

This proposal allows the County to partner with Housing Catalyst to provide affordable housing for our community.

 

Carol Block, Finance Director and Kristin Fritz spoke about the affordable housing project and affordability range of these projected units.

 

MOTION

 

Commissioner Kefalas moved the BOCC to approve a resolution and assignment of $5,068.193 of private activity bond allocation to the Housing Catalyst.

 

Motion carried 3-0

 

10.        FERMENTED MALT BEVERAGE ON/OFF PREMISE LICENSE: In June 2018, all Fermented Malt Beverage On/Off Premise establishments were required to choose whether their establishment to serve Fermented Malt Beverages on OR off premise (could not be both). On February 20, 2019, Senate Bill 19-028 was signed into law in behalf of the Colorado Department of Revenue Liquor Enforcement Division. This bill authorizes certain eligible liquor establishments to carry a license for the sale of fermented malt beverages (FMB) for consumption on and off the licensed premise (FMB On/Off License). To be eligible for this license type, the liquor establishment must be located in a rural (less than 35,000 people) or underserved area. Establishments in an underserved area will be the only establishments considered for this conversion in Larimer County because (1) the establishment lies outside of municipal boundaries; OR (2) be located in a city or town with a population of less than 7,500 people as determined by the most recently available population statistics of the US Census Bureau. In addition, the licensee has to be an establishment that was forced to convert and did so after June 4, 2018. The Liquor License Enforcement Division is the only approving authority. The local authority (county) cannot deny the request to convert. It is the responsibility of the local authority to verify that the licensee is eligible, and to send the request to convert to the Liquor Enforcement Division for their review/approval. There are no fees required by the state or the local authority.

 

The proposal is to process these requests for conversions by submitting to the Board of County Commissioners for the consent agenda. This is necessary because the current license of the establishment must reflect the conversion from a Fermented Malt Beverage On or Off Premise to a Fermented Malt Beverage On/Off Premise. The local license must match the state license that states the establishment type. These will appear on the consent agenda as “conversion” licenses.

 

The advantages are to create a method by which the Board of County Commissioners is informed and provides a method to process these types of conversions.

 

To submit the change in establishment type as dictated by SB 19-028 and to approve the issuance of a new license that reflects the correct establishment type (conversion from Fermented Malt Beverage On or Off Premise to Fermented Malt Beverage On/Off Premise) as approved by the state.

 

Nancy Testory, Recording Manager and Kayleigh Ogden, Recording Specialist, addressed the Board to discuss the changes to the On/Off Premise licensing. In the past, establishments had to be either On or Off premise but as of February 20, 2019 certain establishments can now be considered both.

 

Ms. Testory also talked about certain establishments being Grandfathered in at no extra fee with an approval issued and revised by the State.

 

Lorenda Volker, Assistant County Manager suggested to add the word “type” to the motion.

 

MOTION

 

Commissioner Johnson moved that the BOCC approve the issuance of a new liquor license type that reflects the conversion from Fermented Malt Beverage On or Off Premise to Fermented Malt Beverage On/Off Premise.

 

Motion carried 3-0

 

9.          COUNTY MANAGER WORKSESSION:  Ms. Hoffman updated the Board on upcoming projects and activities.

 

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

 

11 .        EXECUTIVE SESSION: Executive Session: Hildebrand v. Larimer County Sheriff, Spencer Colby & Tedd Wilson, 19 CV 30265, involving a car accident, pursuant to C.R.S. 24-6-402(4)(b) conferences with an Attorney for the purpose of receiving legal advice on specific legal questions.

 

MOTION

 

Commissioner Johnson moved that the Board entered Executive Session: Hildebrand v. Larimer County Sheriff, Spencer Colby & Tedd Wilson, 19 CV 30265, involving a car accident, pursuant to C.R.S. 24-6-402(4)(b) conferences with an Attorney for the purpose of receiving legal advice on specific legal questions.

 

 

Motion carried 3-0

 

Decision

 

Commissioner Johnson moved to authorize Larimer County to represent Sheriff’s Spencer Colby and Ted Wilson case number 19 CV 30265.

 

MOTION

 

Commissioner Kefalas moved that the Board enter executive decision for the following three items:

 

Status of Crystal Lakes and Glacier View Meadows roads as public or private pursuant to C.R.S. 24-6-402(4)(b), Conferences with an attorney for the purpose of receiving legal advice on specific legal questions; Amendments to Estes Valley IGA, pursuant to C.R.S. 24-6-402(4)(e), Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators; City of Thornton lawsuit, pursuant to C.R.S. 24-6-402(4)(b), Conferences with an attorney for the purpose of receiving legal advice on specific legal questions.

 

Motion Carried 3-0

 

No Decision Expected

 

With there being no further business, the Board adjourned at 10:35 a.m.

 

 

 

 

 

____________________________________

TOM DONNELLY

BOARD OF COMMISSIONERS

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

__________________________________________

Deirdre O’Neill, Deputy Clerk