MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

MONDAY, JANUARY 27, 2020

 

 LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m., with Rob Helmick, Principal Planner. Chair Johnson presided, Commissioner Donnelly and Commissioner Kefalas were present. Also present were Tony Brooks, Code Compliance Inspector; Karin Madson, Code Compliance Supervisor; Chad Gray, Code Compliance; Kathy Eastley, Samantha Mott, and Michael Whitley, Community Development Department; Devin Traff, Engineering Department; Lea Schneider, Health Department; Frank Haug, County Attorney’s Office; and Deirdre O'Neill, Deputy Clerk. 

 

Chair Johnson opened the hearing with the Pledge of Allegiance.

 

Chair Johnson 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.          CERTIFICATE OF DESIGNATION FOR PLATTE RIVER POWER AUTHORITY’S RAWHIDE ENERGY STATION:  This is a request for a new Certificate of Designation from the Board of County Commissioners for coal ash impoundment ponds (existing).

 

The Rawhide Energy Station owned by Platte River Power Authority, is located approximately 8 miles north of the Town of Wellington. The facility is a utility service provider that generates electricity for the communities of Fort Collins, Loveland, Estes Park and Longmont. The facility underwent a land use review and approval process with Larimer County and eventually started coal firing in December of 1983.

 

As part of the electricity generation at the Rawhide Energy Station from burning coal, by-products of coal ash are generated that are managed and disposed on-site. Facilities that dispose of solid waste are regulated by the Colorado Department of Public Health and Environment’s (CDPHE) Hazardous Materials and Waste Management Division under the Regulations Pertaining to Solid Waste Sites and Facilities (6 Code of Colorado Regulations 1007-2, Part 1). These regulations require anyone operating a facility for solid waste disposal where storage, treatment, use, processing, or deposit and final treatment of solid waste occurs to obtain a certificate of designation (CD). A CD is a document issued by the local governing authority approving the use of the land for a solid waste site and facility.

 

Part of Rawhide’s on-site solid waste disposal process includes settling ponds referred to as surface impoundments. Surface impoundments may be used for storage, treatment, use, processing, or deposit and final treatment of solid waste. Since 1983 when the first coal was burned at Rawhide, the impoundments have existed in their current configuration and operation in conjunction with a monofill (single waste landfill) in which the by-products are disposed of as solid waste. Prior to operation, the Rawhide underwent a Special Review and Rezoning process with Larimer County resulting in the issuance of a CD from the County Commissioners on March 24, 1981. The impoundments were detailed in the Engineering Report and Operational Plan submitted as part of that review.

 

 

The recorded CD boundary lines only outline the monofill though, as it is our understanding that the impoundments were exempt from inclusion in the CD at that time. In 2012, CDPHE revised their “Section 9 – Waste Impoundments” of 6 C.C.R. 1007-2, Part 1, therefore requiring Rawhide to re-evaluate the existing surface impoundments. As a result, it was determined by CDPHE, that the surface impoundments are classified as Type B Surface Impoundments per Section 9. Facilities subject to this Section 9 must obtain a CD which will include, at a minimum, an Engineering Design and Operations Plan (EDOP). The EDOP provides analysis and design work prepared for operation, monitoring, and future closure of the waste impoundment solid waste sites.

 

The applicant is requesting a new CD which would include the monofill and the existing Type B surface impoundments. The County received the Type B Surface Impoundments EDOP and referred the documents to CDPHE on December 19, 2017, for their review expertise and determination. On July 5, 2019, CDPHE sent Larimer County the Recommendation for Approval with Conditions document for the Type B Surface Impoundments EDOP.

 

Based on CDPHE’s review of the EDOP and the Recommendation for Approval with Conditions document, the Larimer County Health Department concurs that the facility has demonstrated that they can operate in compliance with the solid waste regulations if the facility is constructed, monitored and operated as detailed in the final EDOP. We are therefore recommending that a new CD be issued to include the monofill and the impoundments and will replace the existing CD.

 

To approve a request for a certificate of designation for a solid waste disposal site, the Board of County Commissioners must consider the following review criteria under the Colorado Revised Statutes section 30-20-104 and find that each criterion has been met or determined to be inapplicable:

 

 

            A.        The effect that the solid wastes disposal site and facility will have on the surrounding                         property, taking into consideration the types of processing to be used, surrounding                            property uses and values, and wind and climatic conditions;

 

No additional impacts are expected by approving a new certificate of designation. The solid waste facilities on the Rawhide Energy Station property requiring the certificate of designation (the monofill and the Type B surface impoundments) have been in existence since the opening of the facility. The solid waste facilities only collect coal ash by-product waste from the energy station and do not accept off-site waste. This will not change by issuing a new certificate of designation.

 

            B.         The convenience and accessibility of the solid waste disposal site and facility to                                  potential users;

 

The solid waste facilities are located on the Rawhide Energy Station property and are only used to dispose of coal ash by-product waste from the Rawhide Energy Station. Off-site/off-property waste is not accepted and will not be permitted by issuing a new certificate of designation.

 

            C.         The ability of the applicant to comply with the health standards and operating                                   procedures provided for in this part 1 and such rules and regulations as may be                                  prescribed by the department;

 

Based on the Recommendation of Approval with Conditions document from the Colorado Department of Public Health and Environment’s Hazardous Materials and Waste Management Division, the Rawhide Energy Plant has demonstrated that they can operate the Type B surface impoundments in compliance with technical, environmental, and public health standards of the Solid Waste Regulations as detailed in the final Engineering Design and Operations Plan, Revision 2.

 

            D.        Recommendations by county, district, or municipal public health agencies.

 

Based on the Colorado Department of Public Health and Environment’s Recommendation of Approval with Conditions document for the final Engineering Design and Operations Plan, Revision 2, the Larimer County Health Department concurs that the facility has demonstrated that they can operate in compliance with the Solid Waste Regulations if the facility is constructed, monitored and operated as detailed in the EDOP. We are therefore recommending that a new certificate of designation be issued.

 

 

The Health Department and Development Services Team recommends Approval of the Certificate of Designation for Platte River Power Authority’s Rawhide Energy Station file #19-GNRL0471 subject to the following conditions:

           

              1.       Platte River Power Authority, in its capacity as the owner and operator of the                                    Rawhide site, shall comply with all health and environmental laws, standards,                                                 rules and regulation of the Department, and all applicable local laws and ordinance.

 

              2.       Compliance with this certificate of designation requires the owner/operator to                                  comply with the referenced impoundment Engineering Design and Operations Plan                          (EDOP), the approved monofill EDOP, and any future Department-approved EDOP                      conditions, including both Department-approved amendments to the EDOP and                              Department-approved stand-alone plans necessary to comply with the Solid Waste Act                      and Regulations. Violation of the EDOP as so amended constitutes a violation of this                  certificate of designation. The certificate of designation need not be amended upon                                    EDOP amendment unless required by Larimer County.

 

 3.       CDPHE reserves the right to make unilateral modifications to the EDOP                             language and conditions at any time during the life of the facility, including                           during the post closure care period. CDPHE will consult with Larimer County                      prior to doing so.

 

2.         LOTS 21 AND 22, GLACIER VIEW MEADOWS 8TH FILING LOT CONSOLIDATON, FILE #19-LAND3955: The applicant seeks to combine the area of Lots 21 and 22 to create a 2.27-acre lot in Glacier View Meadows 8th Filing and vacate a 20-foor utility easement along the common lot line.

 

The 8th Filing plat contains utility easements along the property lines, and the applicant requests that the 20-foot utility easement along the common lot line between Lots 21 and 22 be vacated.

 

The Larimer County Land Use Code allows for the approval of a lot consolidation if the following review criteria are met:

 

            A.        No additional lots will be created by the lot consolidation.

 

Staff Response: The intent is to consolidate the area of the two lots; therefore, no new lots will be created by the lot consolidation.

 

            B.         The resultant lots will meet the required minimum lot size of the applicable zoning                            district and the lot dimension ratio required by subsection 8.14.1.H. If any of the lots                        are nonconforming with respect to the minimum lot size or the lot dimension ratio,                                the lot consolidation must not increase the nonconformity.

 

Staff Response: The E - Estate Zone District requires a minimum lot size of 2.5-acres if the lots are served by well and septic, as is the case with these properties. The lots as they exist today do not comply with the minimum lot size as Lot 21 is .8593-acres and Lot 22 is 1.424- acres. The combined lots will not meet the minimum lot size however it will be more conforming than the original lots. The combined lot meets the lot dimension ratio.

 

            C.         The lot consolidation will not create a nonconforming setback for any existing                                   building;

 

Staff Response:  There is an existing home on Lot 22.  The application will not create a nonconforming setback for existing buildings on the property.

 

            D.        The resultant lots will meet the requirements of subsection 8.14.1.I.  Lots cannot be                          divided by a municipal or county boundary line, road, alley, or another lot.

 

Staff Response: The lot will not be divided by a municipal or county boundary line, road, alley, or another lot.

 

            E.        The lot consolidation will not adversely affect access, drainage or utility easements or                        rights-of-way serving the property or other properties in the area; and

 

Staff Response: There will be no adverse impact to access, drainage or utility easements or rights-of-way.  The applicant has requested that the 20-foot utility easement be vacated along the common lot line.  The utility providers have responded that there are no issues with the vacation.

 

            F.         Any covenants, deed restrictions or other conditions of approval that apply to the     original lots must also apply to the resultant lots and be noted on the final plat, except      those changes to a condition or note on a plat that are approved with this    application. The county commissioners shall consider the original reason or         circumstance for a condition or note on a plat when approving a change.

 

Staff Response: A condition of approval is recommended that states that any existing covenant, deed restriction or other conditions of approval that apply to the original lots also applies to the consolidated lots.

 

 

The Larimer County Land Use Code (Section 5.9.3) allows for the approval of a Right-of-Way or Easement Vacation if the following review criteria are met:

 

            A.        Approval of the vacation request will not leave any land adjoining the right-of-way                            without an established public road or private access easement connecting the land with                     another established public road, or without utility or drainage services;

 

Staff Response:  No right-of-way is requested to be vacated and no land will be affected or be without utility or drainage services.

 

            B.         The recommendations of referral agencies have been considered; and

 

Staff Response: All referral agency comments have been considered and are further discussed below.  All utility providers have signed off on the proposed utility easement vacation.

 

            C.         Any right-of-way that is vacated will be divided equally between the lots on each side,                        unless it can be demonstrated that all of the right-of-way was originally taken from one                     parcel. In that case, the right-of-way will be returned to that parcel. Property owners                          on each side of the right-of-way may agree to divide the vacated right-of-way                                          differently but must sign deeds to transfer ownership after the county commissioners                 approve the vacation.

 

Staff Response: Not applicable.

 

Staff supports the request as the proposed lot consolidation and easement vacation as they meet the criteria in the Land Use Code, and all issues have been resolved. 

 

The Development Services Team recommends Approval of the Lot Consolidation and Easement Vacation, subject to the following condition(s):

 

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

 

Rob Helmick principle planner gave an update to the Board on Consent Agenda item number one. There was a question concerning site wide monitoring and that it is contained in the document as well as the financial assurance has been satisfied.

 

MOTION

 

Commissioner Donnell moved to approve the consent agenda for Monday, January 27, 2020 and further moved to authorize the Chair to sign the Findings and Resolution for Lots 21 and 22, Glacier View Meadows 8th Filing File #19-LAND3955.

 

Motion carried 3-0

 

           

CODE COMPLIANCE PUBLIC MEETING ITEM:

 

3.          ZIGRAY CODE COMPLIANCE PUBLIC MEETING, FILE #19-CCC0233 & 19-CCC0243: The property owners are in violation of Section 4.3.4.K, 4.3.6.C, and 4.3.6.D of the Larimer County Land Use Code by using residential property for a community hall, campground, and resort lodge without obtaining Special Review approval for these uses. Also, the property owners are in violation of 105.1, R105.1, and R105.5 of the International Building and Residential Codes for changing the occupancy of the dwellings for transient use, constructing a building, and a deck without obtaining building permits along with an expired permit for one of the dwellings on the property.

 

These properties are located directly south of the West County Road 74E and County Road 67A intersection in Red Feather Lakes.

 

On November 22, 2017, Planner Michael Whitley had a pre-application meeting with the property owner for a wedding events center operated on multiple properties. This was the only meeting with the owners. In May of 2019, the owners made public comment at the Short-Term Rental adoption public hearings. They indicated they were operating short-term rentals from their properties. The owners were asked to contact Planning after the hearing to discuss options for their properties. The owners did not contact the Planning Division.

 

They weren’t operating a short-term rental use; they were operating a resort lodge in multiple dwellings along with a community hall offering weddings and camping on the property. Code Compliance sent a letter to the owners on June 24, 2019 requesting they contact Code Compliance for their options. Mark Zigray met with Planner Michael Whitley on August 16, 2019 to go over the zoning application submittal. Mr. Zigray was given deadlines in October, November, and December to submit a sketch plan review application. The owners have failed to meet any of these deadlines, so a County Commissioner meeting was set

 

STAFF FINDINGS:

 

            1.         The property is zoned O-Open.

 

            2.         In the O-Open Zoning District, community halls, campgrounds, and resort lodges are                       listed as allowed principal uses. All three uses require Special Review approval in order                      to operate.

 

            3.         Community Hall is defined as: A facility used for recreational, social and cultural                               activities.

 

            4.         Campground is defined as: A land parcel in single ownership that has been developed                       or is intended to be developed for occupancy by tents and all types of recreational                             vehicles, including tent trailers, for transient dwelling purposes.

 

            5.         Resort Lodge/Resort Cottage is defined as: A building or group of buildings, under                           single management and ownership, containing rooms and/or units available for                                 temporary rental to transient guests and where the primary attraction is generally                               recreational features or activities.

 

            6.         Section R105.1 of the International Residential Code provides: Any owner or owner’s                       authorized agent who intends to construct, enlarge, alter, repair, move, demolish or                           change the occupancy of a building or structure, including bridges and culverts, or to                        erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas,                             mechanical or plumbing system, the installation of which is regulated by this                                                 code, or to cause any such work to be           done, shall first make application to the                                   building official and obtain the required permit.

                       

 

            7.         Section R105.5 of the International Residential Code provides: Every permit issued by                      the building official under the provisions of this code shall expire 18 months after the                       date of         issue. The building official is authorized to grant a one-time written extension                        of 18 months             at no charge, making the original permit valid for three years.                                     Additional 18-month extensions will cost one-half the amount of the original building                     permit fee or a minimum of $50, whichever is more. Every permit shall become null                             and void if the building or work authorized by such permit is not commenced within                     180 days from the date of issue of such permit, if the person or entity to whom the                          permit is issued fails to request a first inspection within 180 days of the date of such                                     permit, or if the building or work authorized by such permit is suspended or                                     abandoned at any time after the work is commenced for a period of 180 days or more.                   Before such work can be recommenced, a new permit shall be first obtained to do so.                       The fee for such new permit shall be one-half of the amount required for a new permit                for such work, provided no changes have been made or will be made in the original                          plans and specifications for such work and provided further that the suspension or                                   abandonment has not exceeded one year. Changes in the plans and specifications or                                   abandonment exceeding one year shall require an additional permit fee and plan review                      fee as described in Section R108. Permits for “as-built” construction must have final                              inspection approval within 180 days of permit issuance. The Building Official is                               authorized to grant a onetime extension of twelve months for “as-built” permits, at no               charge, provided evidence of progress towards final    inspection or good cause is                              shown.

 

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

 

Chad Gray, Code Compliance, gave a presentation on the background of the property, violations and went over the event log timeline.

 

Chair Johnson invited the applicant/owner to address the Board.

 

Mark Zigray, property owner explained to the Board his desire to have a wedding venue and rentals on his property and felt he had the right to rent his property. He has 4-5 dwellings on his property and would like to continue to rent these, be in compliance and has submitted his plan today.

 

Chair Johnson opened the hearing for public comment. No one in the audience approached the Board

 

MOTION

 

Commissioner Donnelly moved that the Board of County Commissioners does find that a violation does exist on this property and  set a deadline of February 24, 2020 to submit the sketch plan review application along with any dates for scheduled events, 180 days to submit the Special Review public hearing application with a County Commissioner hearing within the following 180 days, 90 days to submit a building permit applications and set up inspections for the expired permit and further authorize Code Compliance to initiate legal action if the property is not in compliance by the deadlines or falls out of compliance with the Land Use and Building Code regulations in regard to the to the community hall, campground , and resort lodge uses along with the building violations.

 

Motion carried 3-0

 

4.         MILLS COMBO VIOLATION CODE COMPLIANCE PUBLIC MEETING, FILE #18-CCC0242: The property owners of the Larimer County Land Use Code, Section 4.1.1.A for operating an RV park and outdoor storage which are not listed principle uses in the FA- Farming Zoning District, Section 4.3.10.H.A., for creating an accessory living area without obtaining planning approval, Section 4.3.10.F. for outdoor storage of junk vehicles, and Section 105.1 of the International Residential Code for making improvements to the property without applying for building permits.

 

This property is located on the corner of West Eisenhower Boulevard and Morning Drive in Loveland.

 

On May 8, 2018 Code Compliance received a complaint about a large greenhouse structure built on the property, two RV’s being occupied and concerns about where the human waste is going on the property. Staff also found that illegal additions were made to outbuildings, and one storage building was converted to a dwelling without obtaining planning approval or building permits. Code Compliance Inspector Tony Brooks contacted the property owner about the violations and explained their options. The property owner indicated they would seek approval for an RV park by seeking annexation through the City of Loveland. After receiving additional calls and complaints from the neighbors, a 30-day letter was sent to the Board of County Commissioners by a neighbor. The property owner is currently in contact with the City of Loveland and County staff to seek approval for an RV park and an accessory dwelling. Although the property owners indicated they would like to seek planning approval and building permits from the County, no progress has been made to correct the violations on the property noted above. Staff recommends the Board of County Commissioners set deadlines in order to keep the process moving forward and authorize legal action if deadlines are not met.

 

Adjacent property owners have raised concerns about impacts on property values, health and safety concerns, and their quality of life from noise and visual impacts caused by this property.

 

STAFF FINDINGS:

 

            1.         The property is zoned O-Open.

 

            2.          In the O-Open Zoning District, community halls, campgrounds, and resort lodges                           are listed as allowed principal uses. All three uses require Special Review approval in                          order to operate.

 

            3.         Community Hall is defined as: A facility used for recreational, social and cultural                               activities.

 

            4.         Campground is defined as: A land parcel in single ownership that has been developed                       or is intended to be developed for occupancy by tents and all types of recreational                             vehicles, including tent trailers, for transient dwelling purposes.

 

            5.         Resort Lodge/Resort Cottage is defined as: A building or group of buildings, under                           single management and ownership, containing rooms and/or units available for                                 temporary rental to transient guests and where the primary attraction is generally                               recreational features or activities.

 

            6.         Section R105.1 of the International Residential Code provides: Any owner or owner’s                       authorized agent who intends to construct, enlarge, alter, repair, move, demolish or                           change the occupancy of a building or structure, including bridges and culverts, or to                        erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas,                              mechanical or plumbing system, the installation of which is regulated by this code, or                       to cause any such work to be done, shall first make application to the building official                      and obtain the required permit.

                       

            7.         Section R105.5 of the International Residential Code provides: Every permit issued by                      the building official under the provisions of this code shall expire 18 months after the                       date of         issue. The building official is authorized to grant a one-time written extension                        of 18 months at no charge, making the original permit valid for three years. Additional                    18-month extensions will cost one-half the amount of the original building permit fee                or a minimum of $50, whichever is more. Every permit shall become null and void if                  the building or work authorized by such permit is not commenced within 180 days                            from the date of issue of such permit, if the person or entity to whom the permit is                             issued fails to request a first inspection within 180 days of the date of such permit, or                     if the building or work authorized by such permit is suspended or abandoned at any                          time after the work is commenced for a period of 180 days or more. Before such work                      can be recommenced, a new permit shall be first obtained to do so. The fee for such                                new permit shall be one-half of the amount required for a new permit for such work,                   provided no changes have been made or will be made in the original plans and                            specifications for such work and provided further that the suspension or abandonment               has not exceeded one year. Changes in the plans and specifications or abandonment                                    exceeding one year shall require an additional permit fee and plan review fee as                          described in Section R108. Permits for “as-built” construction must have final                             inspection approval within 180 days of permit issuance. The Building Official is                                 authorized to grant a onetime extension of twelve months for “as-built “permits, at no                      charge, provided evidence of progress towards final inspection or good cause is shown.

 

Tony Brooks, Code Compliance Inspector presented the Board with an overview of the property and violations as listed above. Mr. Brooks provided updated photos that were taken today including an RV with residents living on the property in the RV.

 

Chair Johnson invited the owners to address the Board.

 

Joseph and Debra Mills explained that they have started some of the cleanup on the property. They also disagree with several items that MR. Brooks have mentioned. Ms. Mills mentioned that the tables are used for yard sales and was not aware that this was an issue and can be taken down. Mr. Mills explained that the apartment was already a dwelling when they bought the property 13 years ago and did not realize that was not in compliance and that their son lived there for seven years. They also explained that they are connect to a sewer, not septic. They also explained about the annexation issues they are having with the city. The Mills explained that they are not trying to run an RV park but just help people as well as have property income. They explained that they are doing what they can to come into compliance, but it is a time-consuming process.

 

They were several questions among the Board and Staff. Samantha Mott, planning, went over the five compliance suggestions and mentioned that she met with the applicants on January 17,2020 to discuss a public site plan to seek approval for a detached accessory living area and that it cannot be rented or leased separately from a single-family dwelling.

 

Ms. Mott explained that a detached accessory living area is an option and that they could seek approval through the public site plan process. She also explained that one of the challenges with this property is that it is in the growth management area and adjacent to city limits. The current zoning does not allow for RV campgrounds and the city will not support annexation. The Commissioners would have to grant and approve an appeal to process a re-zoning on a property in the growth management area and adjacent to city limits.

 

Chair Johnson opened the hearing for public comment.

 

Mike Thompson, Lynn McCray and Jody Radke addressed the Board. They spoke about their concerns about property values, health and safety of neighbors and the general appearance of the property.

 

Chair Johnson closed public comment.

 

Mr. and Mrs. Mills were given an opportunity for rebuttal. They explained that they will work with Samantha Mott and Tony Brooks on applying for the appropriate permits and have started to clean up the property, but it will take time.

 

There was some discussion amongst the Board and staff about timeframes and application and annexation processes

 

Chair Johnson explained that a good idea for the applicants is to have a neighborhood meeting.

 

Samantha Mott explained the timelines for the various applications that are needed to bring the property into compliance.

 

 

M O T I O N

 

Commissioner Kefalas moved to set a deadline of sixty days to bring the property into compliance, require compliance and authorize legal action if the property is not in compliance by the deadline including:

 

            1.         Remove outdoor storage of junk vehicles, junk and debris.

 

            2.         Submit an application for planning approval for an accessory dwelling or convert the                         dwelling back to a storage building.

 

            3.         Submit the required building permits for accessory dwelling, additions and                                         improvements made to the property or remove them.

 

            4.         Obtain a planning approval for setback violations or remove the additions.

 

            5.         RV park/campground can remain while the applications for the appeal process takes                         place and as a result of the appeal, conditions can be placed and if the appeal is denied,                     set a deadline for removal or possible next steps.

 

 

Motion carried 3-0

 

With there being no further business, the Board adjourned at 3:05 p.m.

 

TUESDAY, JANUARY 28, 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 Deirdre O'Neill, Deputy Clerk.

 

Chair Johnson opened the hearing with the Pledge of Allegiance

 

1.          PUBLIC COMMENT: Ed Behan, Sonya Ketting and Gayle Martinez addressed the Board pertaining to the Oil and Gas regulations.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF JANUARY 20, 2020:

 

M O T I O N

 

Commissioner Kefalas moved that the Board of County Commissioners approve the minutes for the week of January 20, 2020.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF FEBRUARY 3, 2020:   Ms. Gimeson reviewed the upcoming schedule with the Board.

 

4.         CONSENT AGENDA:  

 

01282020A001             WARRANTY MEMORANDUM FOR TERRA VISTA PLANNED LAND DIVISION & PLANNED DEVELOPMENT 16-LAND3502 BY AND BETWEEN LARIMER COUNTY AND DENNIS AND MARY SOVICK

 

01282020A002             PROFESSIONAL SERVICES AGREEMENT (P18-10) BY AND BETWEEN LARIMER COUNTY AND GELLEGOS SANITATION, INC

 

MISCELLANEOUS: Stipulation as to Tax Year 2019 Value For National Retail Properties LP R1603551; Stipulation as to Tax Year 2019 Value For 301 Lincoln LLC R 0156833 and R0156841; Stipulation as to Tax Year 2019 Value For Kohls Department Stores Inc R 1642284; Recommended Reappointment to the Estes Park Local Marketing District/Visit Estes Park Board of Directors Camden Birkeland; Recommend Mid-Tem Appointment to the Lyons Regional Library District Board of Trustees: Cathy Christiansen; Stipulation as to Tax Year 2019 Value For HR Assets LLC R1651508, R1651509, R1651511 and R1651512;Letter of Support for Volunteers of America’s (VOA) Senior Residences Project in Fort Collins, Colorado

 

Commissioner Donnelly stated that miscellaneous item, Recommend Mid-Term Appointment to the Lyons Regional Library District Board of trustees has been removed per the applicant’s request.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda as modified for January 28, 2020.

 

Motion passed 3-0

 

5.         COMMISSIONERS GUESTS: The Commissioner’s did not have any guests.

 

6.         APPOINTMENT OF VETERANS SERVICE OFFICER: Appointment of Lee Cooper to the Veterans Service Officer position for a two-year term beginning January 30, 2020.

 

Mr. Cooper was appointed for a six-month term as the Larimer County Veterans Service Officer in June of 2019. At that time the Veterans Service Office, part of Larimer County Economic and Workforce Development Department, was undergoing a process improvement project with assistance from Larimer County Business Analyst Team. The process improvement project is complete. A key recommendation was that the Veterans Officer position would work with local veteran support groups to evaluate and connect veterans to support.

 

Larimer County recognizes veteran services as a top priority. To best serve veterans and their families, we are requesting the Board of County Commissioners appoint Mr. Lee Cooper, as the Larimer County Veterans Service Officer for a two-year 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 East Africa. Mr. Cooper will work approximately 20 hours per week focusing on outreach to veterans.

 

Jacob Castillo, Economic and Workforce Development Director; Marci Kasner, Workforce Manager and Lee Cooper, Temporary Veterans Services Officer addressed the Board.

 

Mr. Castillo and Ms. Kasner went over recent changes and improvements as well as explained the need for the request. They spoke about gathering information from focus groups and the need for the Veterans Service Officer to work with local support groups to evaluate and connect veterans to the proper support group.

 

The Veterans Officer position would work approximately 20 hours a week for a two-year appointment to begin on January 30, 2020. The main duties would include outreaching to veterans and the business community.

 

Lee Cooper, the appointee gave a brief explanation of his military service and that the primary purpose of this position is to work with Veterans and their families on the navigation of the VA infrastructure and to make sure they are receiving the benefits they have earned.

 

The Commissioners each thanked Mr. Cooper for his military and civic service.

 

MOTION

 

Commissioner Donnelly moved that the Board of County Commissioners approve appointing Lee Cooper as the Larimer County Veterans Service Officer for a two-year term effective January 30, 2020.

 

Motion carried 3-0

 

The Board took a brief recess for a photo.

 

The Board returned to session.

 

7.          COUNTY MANAGER UPDATE:  Ms. Hoffman updated the Board on this week’s coordination meetings and upcoming projects and activities.

 

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

 

9.         LEGAL MATTERS: Executive Session regarding Case 2020CV30019: Hansin, Walker et al. vs. Larimer County, et al. pursuant to C.R.S. 24-6-402(4)(b) and Executive Session regarding City of Loveland vs. Tony Brooks pursuant to C.R.S.24-6-402(4)(b)

 

Decisions Expected

 

MOTION

 

Commissioner Kefalas moved that the Board of County Commissioners enter into executive session regarding Case 2020CV30019: Hanson, Walker et al. vs. Larimer County pursuant to C.R.S. 24-6-402(4)(b) and further move that the Board also enter into executive session regarding Case 2019-010365; City of Loveland vs. Tony Brooks pursuant to C.R.S. 24-6-402(4)(b).

Motion carried 3-0

 

Senior County Attorney, David Ayraud gave a brief description of each case explaining that the first case 2020CV30019 pertains to a lawsuit against the Larimer County Sheriff’s Deputies and unnamed individuals for damages to property and the second case 2019-010365 is a citation against Tony Brooks, a Larimer County Employee in a car related incident.

 

MOTION

 

Commissioner Donnelly moved that the Board of County Commissioners authorize the County Attorney to defend Deputies and employees names in their individual and official capacities and provide full indemnity to them, including punitive damages, in Colorado District Court Case 20 01/28/202030019 and further move that Bruno, Colin and Lowe be retained as co-counsel. Commissioner Donnelly also moved that the Board of County Commissioners authorize the County Attorney to defend Tony Brooks in his individual and official capacity in Loveland City Case 2019-010365, excluding any fines, which by policy the employee must pay.

 

Motion carried 3-0

 

With there being no further business, the Board adjourn at 10:30 a.m.

 

 

 

 

______________________________________

STEVE JOHNSON

BOARD OF COUNTY COMMISSIONERS

BOARD OF COMMISSIONERS

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

______________________________________

Deirdre O'Neill, Deputy Clerk