MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
MONDAY, FEBRUARY 17, 2020
LAND USE HEARING
The Board of County Commissioner did not meet due to the Presidents Day holiday.
TUESDAY, FEBRUARY 18, 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.
1. PUBLIC COMMENT: Deb York, Tom Rhodes and Gayla Martinez addressed the Board pertaining to Oil and Gas regulations.
2. APPROVAL OF THE MINUTES FOR THE WEEK OF FEBRUARY 10, 2020:
M O T I O N
Commissioner Kefalas moved that the Board of County Commissioners approve the minutes for the week of February 10, 2020.
Motion carried 3-0
3. REVIEW OF THE SCHEDULE FOR THE WEEK OF FEBRUARY 24, 2020: Ms. Gimeson reviewed the upcoming schedule with the Board. Commissioner Kefalas did mention that the Community Conversation in Red Feather Lakes will be held at the Community Library.
4. CONSENT AGENDA:
Abatements: Recommended Denial for Walton Foothills Holdings VI, LLC-Sterling Property Tax Specialists, Inc. R1657621/97253-30-007(2017); Recommended Denial for Walton Foothills Holdings VI, LLC-Sterling Property Tax Specialists, Inc. R1657626/97253-30-012(2017); Recommended Denial for Walton Foothills Holdings VI, LLC - Sterling Property Tax Specialists, Inc. R165630/97253-30-016(2017); Recommended Denial for Walton Foothills Holdings VI, LLC-Sterling Property Tax Specialists Inc. R1658430/97253-32-011(2017); Recommended Denial for Walton Foothills Holdings VI, LLC - Sterling Property Tax Specialists, Inc. R1658432/97253-32-019(2017); Recommended Denial for Walton Foothills Holdings VI, LLC - Sterling Property Tax Specialists, Inc. R1657631/97253-30-017(2017).
02182020A002 CONVEYANCE OF TEMPORARY EASEMENT AND AGREEMENT BY AND BETWEEN LARIMER COUNTY AND ACKERMAN FARMS, INC.
02182020R002 RESOLUTION RECOMMENDING ADOPTION OF THE AMENDMENT TO THE RANCH MASTER PLAN.
02182020R003 FINDINGS AND RESOLUTION APPROVING SUNBROOK PRELIMINARY PLAT AND APPEALS.
02182020R004 FINDINGS AND RESOLUTION APPROVING THE TWO PONDS PLANNED PRELIMINARY PLAT AND PLANNED DEVELOPMENT ZONING.
MISCELLANEOUS: EMPG Jurisdictional Information Form for State of Colorado Department of Homeland Security and Emergency Management (DHSEM); Department of Human Services Payments for December 2019; Recommended Mid-Term Appointment to the Poudre River Public Library District Board of Trustees-Jeremy Rose; Recommended Reappointment to the Poudre River Public Library District Board of Trustees-Corey Radman; Recommended Reappointment to the Poudre River Public Library District Board of Trustees-Fred Colby; Recommended Reappointment to the Poudre River Public Library District Board of Trustees-Joe Wise; Recommended Mid-Term Appointment to the Terry Shores PID #54 -Alan Kuehnast; Stipulation as to Tax Year 2019 Value-Henry Shelton and Taber Baise R1652454; Stipulation as to Tax Year 2019 Value-Next Generation Properties of Nebraska, LLC R1605376; Stipulation as to Tax Year 2019 Value-Advance Tank and Construction Co. R0294977; Stipulation as to Tax Year 2019 Value-Taylor and Ann M. Thomas R1198815; Stipulation as to Tax Year 2019 Value-FC Preston Center LLC. R1590832; Stipulation as to Tax Year 2019 Value-Flats at the Oval LLC. R1647612, R1647613, R1647614, R1647615, R647616 and R1647617.
LIQUOR LICENSES: The Following Liquor licenses were approved: Inlet Bay Marina – Fort Collins – Fermented Malt Beverage On/Off Premises; Boyd Lake Marina – Loveland – Fermented Malt Beverage Off Premises
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda for February 18, 2020.
Motion carried 3-0
5. COMMISSIONERS GUESTS: The Commissioner’s did not have any guests.
6. 2020 MISS LOVELAND VALENTINE: Ashley Arthur, a senior at Mountain View High School, has been selected for Miss Loveland Valentine 2020. Ashley, daughter of Chad and Shannon, has lived in Loveland her whole life. She has reveled in the festivities the town has to offer, allowing it to shape her even as she and her family shaped it.
Ten contestants are nominated by school administrators as being peer leaders, with at least a 3.0 GPA and plans to attend college in the coming year. Contenders for the title submit a 300 to 500-word essay and complete an interview before a panel of five judges. “The people in a community are what makes it extraordinary. The people you impact and the people who leave an impact on you. I see that everywhere in Loveland,” Arthur said in her address.
In her duties representing the City of Loveland, Miss Valentine also has several opportunities for networking and public speaking, which can help to build her confidence and serve her greatly later in life. Arthur plans to make the most of these opportunities before attending business school, following in the footsteps of her grandmother, Dixie Daly, who has been a voice for entrepreneurial women throughout her career.
Commissioner Donnelly introduced Ashley Arthur and her Chaperone Norma Jean Goodheart.
Ashley let everyone know how proud she is living in a community like Loveland, Colorado and how she enjoys representing Loveland in this impactful position. She volunteers with Middle School aged children and wants to be an inspiration for them. She enjoys the culture that Loveland has to offer especially in the arts. She spoke lovingly about her grandfather and the impact he had on her upbringing.
The Commissioners congratulated Ashley for being a leader in her community and their gratitude for her genuine comments. They also thanked her Chaperone Norma Jean Goodheart for her 27 years of service and dedication to this position.
The Commissioners took a brief pause for a photo opportunity.
The Board returned to session.
7. REQUEST FOR ADDITIONAL 5.0 FTE’S FOR THE COMMUNITY CORRECTIONS DEPARTMENT: Due to Larimer County’s increased number of diversions of our Criminal Justice involved population from prison, our direct sentence population has increased by 30% over the last few years. This increase in the diversion population has significantly impacted our non-residential caseloads, which are no longer sustainable with the current staffing patterns. In addition, we would like to maximize the number of supervisable residential beds to reduce the number of diversion clients awaiting bed space in the Larimer County Jail, and in our community. The current staffing in our residential treatment programs has not been able to accommodate and cover staff training, sick time, vacation or FMLA events resulting in either not being able to meet contractual and licensing standards or staff turnover due to workload requirements. Over the course of the prior 7 months on average we have had to cover 72 groups per month correlating to approximately 215 hours a month or 53 hours a week of additional work for staff not including required individual therapy, individual case management meeting or crisis intervention services. Adding these two positions will allow the treatment staff to become able to manage the workload, crisis management, individual meetings, complete projects to enhance the programming, attend trainings to enhance skills in evidence-based practice and have a healthy balance.
We are proposing filling the 3.0 FTE Correctional Case Specialist positions through the internal promotional process, which will then create security line level vacancies. The revenue generated by the addition of 30 residential beds and 12 non-residential slots will cover the cost of the additional 5.0 FTE’s plus add a projected $227,762.79 in new revenue in 2020 and $266,056.78 in 2021. The Correctional Case Specialist positions will reduce current non-residential caseloads, which will increase compliance with Division of Criminal Justice Standards as well as increase public safety, and increase residential bed capacity which will reduce the numbers of people sentenced to community corrections housed in the Larimer County Jail and provide the revenue needed to support the additional FTE’s. We also propose filling two correctional addictions therapists to have the depth of staffing to accommodate for training, sick, vacation and FMLA events, projects, and maintain healthy balance.
Tim Hand, Community Corrections Director, Alexis Ongley, Community Corrections Assistant Director, Michael Ruttenberg, Clinical Director and Julie Rohloff, Business Operations Manager addressed the Board.
They collectively went over the request for 5.0 FTE (3.0 FTE Correctional Case Specialist I and 2.0 FTE Correctional Addictions Therapist) for the Community Corrections Department, funded by revenue generated by increasing supervision capacity.
These positions will provide manageable caseloads for current Correctional Case Specialists, which increases public safety, and creates space for competency in provision of services rooted in evidence-based practice. It will also help decrease staff burnout and allows Community Corrections to maintain a low turnover rate and a high level of service provided. It will help increase available beds to assist in efforts for diverting the criminal justice involved population from prison. They explained that it will reduce the number of Larimer County Jail beds that Community Corrections is utilizing and does not require general fund dollars.
The Commissioners did have some questions for staff concerning revenue, per diem costs, food and utility costs, expenses, contractual obligations and public safety.
Commissioner Kefalas moved that the Board of County Commissioners approve an additional 5.0 FTE (3.0 FTE Correctional Case Specialist I and 2.0 FTE Correctional Addictions Therapist) funded by revenue generated by increasing supervision capacity.
Motion carried 3-0
8. COMMENTS TO THE COLORADO OIL AND GAS COMMISSION REGARDING THE FOLLEY NORTH 3 PAD SITE : Comments for the Folley North 3 PAD site are due to the Colorado Oil and Gas Commission by February 21, 2020. At the direction of the Board of County Commissioners, before Matt Lafferty, Local Government Designee, makes comment on pending Oil and Gas Facilities applications, the BCC will be briefed on the application and comments to be made. Typically, the briefing is done at a Community Planning Infrastructure and Resource work session, but no such work session is available before the comment period deadline.
Matt Lafferty, Principle Planner and Local Government Designee, gave a brief overview of the comments and application. Mr. Lafferty went over the location of the property and explained that this is a proposal for one new well site in addition to pump jack separators and water tanks. He explained that there are several residences in the area and existing housing developments. Mr. Lafferty mentioned the primary staff concerns are the 2-3 housing units within 1500-feet of the proposed use as well as the proximity to railroad tracks and ditches, which could affect drainage facilities.
There were some questions from the Board concerning impacts to neighbors due to drilling and potential cumulative impacts to the area.
Commissioner Donnelly moved that the Board of County Commissioners authorize Matt Lafferty, Local Government Designee, to make comments to the Colorado Oil and Gas Commission regarding the Folley 3 Pad Site.
Motion Carried 3-0
9. ASSIGNMENT OF THE COUNTY’S 2020 PRIVATE ACTIVITY BOND ALLOCATION TO HOUSING CATALYST: Larimer County receives an annual Private Activity Bond (PAB) allocation from the State. The PAB allocation is not cash or a grant. It authorizes the County to issue low interest debt for private sector projects which meet a public purpose as defined by the Tax Reform Act of 1986. The County may assign its PAB allocation to another entity or may allow it to revert to the State for projects anywhere in Colorado.
The County’s 2020 allocation is $5,227,637.
Under this proposal, the County would split its 2020 PAB allocation between two affordable housing projects. Mercy Housing Northfield project, which will develop an estimated 84 affordable apartments; and Swallow Road Housing preservation project, which rehabs existing affordable housing. The issuer for both projects is the Fort Collins Housing Catalyst, thus the allocation for both projects would go to the Catalyst.
This proposal allows the County to partner with Housing Catalyst to provide affordable housing for our community.
Housing Catalyst is requesting this allocation to complete accumulation of the PAB cap needed to fund affordable housing developments, including a preservation project in partnership with local affordable housing non-profit CARE Housing Inc. at our Swallow Road properties. Currently, all of Housing Catalyst’s pipeline projects are planning to utilize 4% Low Income Housing Tax Credits and will require PAB cap. All projects will contribute to the need for affordable housing in Larimer County. The Swallow Road property will be affordable rental homes for individuals/families with incomes ranging from 0-60% Area Median Income (AMI).
Location of the project will be 1303 and 1403 Swallow Road and will be a total of 84 units with a community building. Currently, the adjacent properties are under separate ownership by CARE and Housing Catalyst but will ultimately be combined and sold into a LLLP upon closing of tax credit partnership. Housing Catalyst will act as Developer for the rehabilitation project, and CARE will be the General Partner and ultimate owner/manager. Housing Catalyst will be able to leverage the sale proceeds into the development of new affordable housing units. Housing Catalyst experience leveraging is 1:4 with sale proceeds to new units. This project will provide the opportunity to preserve existing units in addition to increasing the amount of affordable housing in our community.
Carol Block, Finance Director, Julie Brewen, Housing Catalyst and Kuhl Brown, Mercy Housing explained to the Board that the project will be completed using 4% low income housing tax credits and private activity bonds. The current estimates indicate a total of approximately $12,650,000 million in PAB’s will be required for the project. Housing Catalyst will dedicate $4,800,000 in PAB cap which it has accumulated from various sources.
The existing property will be renovated with allocated PAB cap and includes 84 affordable rental homes. The additional pipeline projects will include a minimum of 60 rental homes per project and as many lower AMI units as the project will support.
Housing Catalyst is the largest affordable housing developer and property management company in Fort Collins. They create vibrant, sustainable communities, incorporating green building designs and have received numerous awards for project designs, innovations and financial reporting.
Mercy Housing plans on developing 84 affordable apartments for families. They will provide on-site property management services. They anticipate securing the remainder of required private activity bond cap from the City of Fort Collins by summer 2020.
There were some questions from the Board on impacts to community and how the notification on these projects occur.
Commissioner Kefalas moved that the Board of County Commissioners approve the resolution and assignment of $5,227,637 of Private Activity Bond allocation to the Housing Catalyst.
Motion carried 3-0
10. COUNTY MANAGER UPDATE: Ms. Hoffman updated the Board on upcoming projects and activities.
11. COMMISSIONER ACTIVITY REPORTS: The Board detailed their attendance at events during the previous week.
12 . EXECUTIVE SESSION: Pursuant to C.R.S. 24-6-402(4)(e) regarding purchase of property.
13 . LEGAL MATTERS: Executive Session pursuant to C.R.S. 24-6-402(4)(b), regarding a Draft Compliance Order on Consent for the Larimer County Landfill.
No decision expected.
Commissioner Donnelly moved that the Board enter into Executive Session pursuant to C.R.S. 24-6-402(4)(e) determining positions relative to matters that may be subject to negotiations and further move to enter into Executive Session pursuant to C.R.S. 24-6-402(4)(b), Conferences with an attorney for the purpose of receiving legal advice regarding a Draft Compliance Order on Consent for the Larimer County Landfill.
Motion carried 3-0
With there being no further business, the Board adjourn at 10:45 a.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Deirdre O’Neill, Deputy Clerk