MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, june 24, 2019

 

LAND USE MEETING

 

There were no meetings held on Monday, June 24, 2019

 

 

TUESDAY, JUNE 25, 2019

 

 

ADMINISTRATIVE MATTERS MEETING

 

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

 

Chair Donnelly opened the meeting with the Pledge of Allegiance.

 

1.          PUBLIC COMMENT:  Chair Donnelly opened the meeting to public comment giving citizens the opportunity to address the Commissioners regarding events and issues pertaining to Larimer County. No members of the public addressed the Board.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF JUNE 17, 2019:

 

M O T I O N

 

Commissioner Kefalas moved that the Board of County Commissioners approve the minutes for the week of June 17, 2019.

 

Motion carried 2-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF JULY 1, 2019:   Ms. Jeffers reviewed the schedule for the upcoming week with the Board.

 

4.         CONSENT AGENDA:  

 

ABATEMENTS: Recommended Approval: Wellington Downs Holdings LLC R1662991/88032-46-002(2018); Recommended Approval: Realty Land Conservancy 3 LLC R1653005/96262-33-002 (2016); Recommended Approval: Heron Ridge Holdings LLC R1661342/94031-34-001(2018); Recommended Denial: Dolezal R0483532/94231-17-001(2018).

 

0 6252019A001             FIRST AMENDMENT TO DEVELOPMENT AGREEMENT AND RESIDUAL LAND PLAN FOR SAGE VALLEY CONSERVATION DEVELOPMENT AND REZONING AND THE AMENDED PLAT OF RESIDUAL LOT A, LOT 1 AND LOT 2 OF SAGE VALLEY CONSERVATION DISTRICT.

 

06252019A002            SFY20 DIRECT SERVICE CONTRACT AGREEMENT BY AND BETWEEN LARIMER COUNTY OFFICE ON AGING AND VOLUNTEERS OF AMERICA COLORADO BRANCH.

 

06252019A003            SFY20 DIRECT SERVICE CONTRACT AGREEMENT BY AND BETWEEN LARIMER COUNTY OFFICE ON AGING AND MEALS ON WHEELS OF LOVELAND AND BERTHOUD, INC.

 

06252019A004            DEVELOPMENT AGREEMENT FOR THE MARINA VIEW SUBDIVISION FILE #16-LAND3573 BY AND BETWEEN LARIMER COUNTY, RICK EMERY AND LORI EMERY.

 

06252019A005            CONTRACT AMENDMENT NUMBER 3, CONTRACT 17-98628(NWD PILOT SITES) BY AND BETWEEN LARIMER COUNTY AND DEPARTMENT OF HEALTH CARE POLICY AND FINANCING.

 

06252019R001             SALARY RESOLUTION FOR LARIMER COUNTY DEPUTY DISTRICT ATTORNEY 1 - SETTING SALARY.

 

06252019R002            RESOLUTION AMENDING LARIMER COUNTY CODE REPEALING CONTENT OF CHAPTER 54, ARTICLE II, REGARDING TAXATION.

 

MISCELLANEOUS : Recommended Appointment to the Juvenile Community Review Board: Appoint George Shell to the Juvenile Community Review Board for a 3-year term beginning July 1, 2019 and ending June 30, 2022; Recommended Reappointment to the Flood Review Board: Reappoint John Hunt to the Flood Review Board for a 3-year term beginning July 1, 2019 and ending June 30, 2022; Recommend Mid-Term Appointment to the Office on Aging Advisory Council; Appoint Janice Gruber to fill an unexpired, 3-year term on the office of Aging Advisory Council, beginning June 25, 2019 and ending on June 30, 2020; Recommend Mid-Term Appointment to the Workforce Development Board: Appoint Steven Moos to the Workforce Development Board for a 2-year term beginning July 1, 2019 and ending on June 30, 2021; Request for Approval to enter upon lands: Enter the property of Norman Strickholm for weed mitigation; Conveyance of Permanent Drainage Easement: Mr. Steen has requested and agreed to grant a Drainage Easement for PN 324 which is a roundabout project to be constructed at 57th Street an 11C near Boyd Lake. Mr. Steen requested to receive the roadside drainage onto his property; Marina View Subdivision (16-LAND3573) Final Plat: sign final plat approving the Subdivision of Marina View, heard and approved by the Board of County Commissioners on June 26, 2017.

 

LIQUOR LICENSES:  Trading Post Liquor to Bucks Liquor – Transfer of Ownership – Red Feather Lake , Sundance Steakhouse & Saloon – Hotel and Restaurant – Fort Collins, Emissaries of Divine Light – Special Event – 6% – Loveland, Trading Post Liquor to Buck’s Liquor– Change of Trade Name – Red Feather Lake, Fort Collins County Club – New Manage Registration – Fort Collins.

 

M O T I O N

 

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

Agenda as outlined above.

 

Motion carried 2-0.   

 

5.         APPOINTMENT OF VETERNS SERVICE OFFICE: Larimer County recognizes veteran services as a top priority. To best serve veterans and their families, we are requesting the BOCC appoint Mr. Lee Cooper, as the Larimer County Veterans Service Officer for a six-month term. Mr. Cooper served eight years in the U.S. Army Reserves, 324th Psychological Operations Company, Aurora, Colorado. His service included deployments to Iraq and to East Africa.

 

Mr. Cooper will work approximately 20 hours per month focusing on outreach to veterans. The Veterans Service Office, part of Larimer County Economic and Workforce Development Department, is undergoing a process improvement project with assistance from Larimer County Business Analyst Team. The process improvement project is well underway; results will help inform business processes, integrate information and streamline services to veterans. Upon implementation of process improvement recommendations, we will fill the Veterans Service Officer position for the two-year term allowed under statute.

 

Jacob Castillo introduced Mr. Cooper and explained the lengthy process for the new hire process of the Veterans Service Officer, and that we need to make sure we are offering our highest and best service to veterans.

 

Mr. Cooper introduced himself and gave a brief description of his background including combat experience. He is excited to work with veterans, looking forward to building relationships, and working through the challenges that veterans continue to face.

 

Mr. Castillo also wanted to recognize his staff for all their hard work especially, Marci Kasner.

 

Chair Johnson and Commissioner Kefalas let everyone know how fortunate we are to have Mr. Cooper and the important job he will be doing representing veterans.

 

The Board took a brief pause for a photo.

 

The Board came back to session.

 

MOTION

 

Commissioner Kefalas moved that the Board appoint Mr. Lee Cooper as the Larimer County Veterans Service Officer for a sixth-month term from June 25, 2019 to December 31, 2019.

 

Motion carried 2-0

 

6.         CCI LEGISLATIVE ISSUES FOR 2020: Colorado Counties Inc. (CCI) is soliciting legislative issues for the 2020 legislative session.

 

Michele Bird, Public Affairs Manager, Gary Darling, Criminal Justice Services Director, Tom Gonzales, Public Health Director and Tom Butts, Environmental Health Services Director addressed the Board explaining the three potential issues for the 2020 legislative session.

 

            1.         The Colorado State Legislature allowed counties affected by the 2013 Flood to use general fund monies to fund flood recovery projects.

 

This allowance will expire in 2021. The largest of Larimer County’s projects are still being constructed and therefore Larimer is at risk of losing the ability to fund these projects.

 

Larimer and Boulder Counties still have ongoing flood recovery projects that are either in construction, FEMA review or are in close-out. FEMA construction to closer-out it can be up to five years. The current deadline risks some of the largest county road and bridge projects associated with the 2013 flood.

 

            2.         Local Onsite Wastewater Treatment System Permit Fees capped in statute.

 

The fee cap was set in 1997 via HB97-1113.

 

Currently and for some time the actual indirect and direct costs of issuing permits which included reviewing and approving plans and inspecting systems during installation has exceeded this cap in Larimer County thus not allowing complete cost recovery.

 

Commissioner Kefalas had questions on whether or not other options have been considered including possibly raising the cap and indexing it.

 

 

            3.         DOC circumventing local Community Corrections Boards.

 

The DOC Director is trying to circumvent the community corrections board across the state and releasing inmates directly to work outside the prisons. They explained that we do not feel he has the authority to do anything more than release people to a work release program in which the inmates have to return daily. This new program is going to allow the inmates to stay in the community unsupervised on a GPS monitoring unit. Due to the fact he has no authority to do this, we feel the DOC or others will attach an amendment to SB19-243. This program has started in Logan Counties and is slated to begin in Weld and Larimer Counties as well.

 

Chair Donnelly let the staff know that these three issues do uphold the core values of local control and providing great service to our community.

 

 

MOTION

 

Commissioner Kefalas moved to approve the request to submit the legislative issues submitted by Larimer County staff to Colorado Counties, Inc. including suggestions that we offered regarding the public health item to offer two options for CCI to consider.

 

 

Motion carried 2-0

 

7.         COMMISSIONERS’ GUESTS: Commissioner Donnelly invited Angela Myers, Larimer County Clerk and Recorder to address the Board.

 

Ms. Myers gave a brief overview of the Thrive program and introduced Megan Wolf, Occupational Therapist to speak.

 

Ms. Wolf spoke about high school students visiting industries and providing education/employment services through the Thrive program that offers guidance and training.

 

The three students Hailey, John and Kamy had some questions for the Board and each student let the Board know the school they are currently attending.

 

The Board took a brief pause for a photo.

 

The Board returned to session.

 

8.         2018 TRAFFIC SAFETY REPORT: The Engineering Department prepares an annual Safety Report based on crash data in the County. The report covers 5-year trends as well as data from 2018. The Report summarizes the Safety Mitigation measures that were completed in 2016 and mitigation measures to be implemented in 2019.

 

The report covers issues such as: Crash Trends, Overall Crashes, Crash Rates, Crashes caused by Distracted Drivers, Roadway Department CCI crashes, Motorcycle Crashes, Bicycle and Pedestrian Crashes, Animal Related Crashes, Traffic Safety Mitigation, 2018 Low-Cost Safety Improvements and Safety Improvement Monitoring and Evaluations.

 

Mark Peterson, County Engineer, Brian Fraaken, Senior Civil Engineer and Bill Gleeforce, Traffic operations Manager, addressed the Board to go over the 2018 Traffic Safety Report

 

Chair Donnelly wanted to thank staff for their tremendous work on public safety and improvement measures for Larimer County residents.

 

9.         RECLASSIFICATION OF WORKFORCE DEVELOPMENT EMPLOYEES FROM LIMITED- TERM STATUS TO REGULAR STATUS:  The purpose is to request approval for the classification conversion from Limited-Term to Regular Status for employees of the Larimer County Economic and Workforce Development (LCEWD). This request excludes employees classified as Limited-Term where the inherent nature of the employment-relationship is intended to be sporadic and/or short-term. Examples of positions that would remain as Limited-Term include: Youth Entrepreneur Tournament (YET) facilitator, High School Equivalency (HSE) tutors, Larimer County Conservation Corps (LCCC) team leaders, and internship candidates.

 

As defined by Human Resources Policy 331.3 Limited-Term Employee means “A benefited employee (either full time or part time) who is hired into a position that is limited in its duration based upon funding limitations, based on the lack of an ongoing business need for the assigned position, limited in nature in accord with the terms of a signed Limited-Term Employee contract, statement or agreement, or for other business needs as approved by the Human Resources Director.”

 

“A benefited employee (either full time or part-time) hired into a position that is not temporary in nature and, after a probationary period, can be dismissed only with an adequate cause in accordance with Human Resource Policies and Procedures.”

 

To date, LCEWD is staffed with 62 non-temporary, non-appointed employees of which 4 employees classified as regular and 58 classified as Limited-Term. 58 employees classified as Limited-Term will be affected by this change.

 

Bridget Paris, Human Resources Director, Dena Jardine, Workforce Development Associate Director and Jacob Castillo, Economic and Workforce Development Director approached the Board giving a brief overview of the 58 limited-term employees to be reclassified and the differences between limited-term and regular status.

 

M O T I O N

 

Commissioner Kefalas moved that the Board approve converting 58 Workforce Development employees from Limited-Term status to Regular status, as well as other vacant positions.

 

Motion carried 2-0

 

 

     10.          COUNTY MANAGER WORKSESSION:  Ms. Volker wanted the Board to know how much she is looking forward to having Mr. Lee Cooper as the Veterans Service Officer.

 

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

 

12.         EXECUTIVE SESSION:

 

M O T I O N

 

Commissioner Kefalas moved that the Board of County Commissioners enter Executive Session to discuss Quiet title lawsuit relating to realignment of the Big Thompson River near Drake at Forks Park, pursuant to C.R.S. 24-6-402(4)(b), conferences with an attorney for the purpose of receiving legal advice.

 

Motion carried 2-0

 

MOTION

 

Commissioner Kefalas moved to authorize the County Attorney’s Office to file a quiet title suit to determine boundary of property following river realignment at Forks Park and 1582 West Highway 34, Loveland Colorado 80537

 

Motion carried 2-0

 

MOTION

 

Commissioner Kefalas moved that the Board enter into Executive Session regarding Amicus Brief of issue of “contiguous” in Supreme Court Case 18 SC 434, pursuant to C.R.S. 24-6-402(4)(b), conferences with an attorney for the purpose of receiving legal advice.

 

Motion carried 2-0.

 

Motion

 

Commissioner Kefalas moved that the Board authorize the Larimer County Attorney to sign any appropriate Amicus Brief on behalf of Larimer County in Colorado Supreme Court Case 18 SC 434.

 

Motion carried 2-0

 

With there being no further business, the Board adjourned at 10:55 a.m.

 

 

 

____________________________________

TOM DONNELLY

BOARD OF COMMISSIONERS

ANGELA MYERS

CLERK AND RECORDER

ATTEST:

 

__________________________________________

Deirdre O'Neill, Deputy Clerk