MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

MONDAY, MARCH 9, 2020

 

 LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m., with Don Threewitt, Planning Manager. Chair Johnson presided, Commissioner Donnelly and Commissioner Kefalas were present. Also present were: Tony Brooks, Kathy Eastley, Lesli Ellis, Matt Lafferty and Karin Madson, Community Development Department; Katie Gray, Engineering Department; Lea Schneider, Health Department; Jeannine Haag, County Attorney’s Office; and Kayleigh Ogden, 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.

 

PUBLIC HEARING CONSENT ITEMS:

 

1.          BIG VALLEY HOMESTEADS II RLUP, LOT 7 BUILDING ENVELOPE AMENDMENT, FILE #20-LAND3962: The owners of Lot 7 seek to amend the platted building envelope to allow for construction of a detached accessory structure at the end of their existing driveway. The applicant has stated that this location is necessary due to grade issues on the site and the desire to minimize disturbance. The existing building envelope is approximately .5-acres, and the envelope will increase in size by 1,500-square feet.

 

The Larimer County Land Use Code (Section 5.7.3) allows for the approval of an amended plat if the following review criteria are met:

 

A.        No additional lots will be created by the amended plat.

 

No additional lots are created by this proposed amendment as the sole request is to amend the building envelope on Lot 7 of the Big Valley Homesteads II RLUP.

 

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 amended plat must not increase the nonconformity.

 

The property lines are not proposed to change with the amended plat, only the existing building envelope on Lot 7 is proposed to change. Therefore, criteria B will not apply to this proposal.

 

C.         The amended plat will not create a nonconforming setback for any existing building.

 

            The existing single-family home setbacks will not be affected by the proposed building envelope change.

 

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.

 

            The resultant lot meets the requirements of subsection 8.14.1.I. The lot is not divided by a municipal or county boundary line, road, alley, or another lot.

 

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

 

            The proposed amended building envelope does not adversely affect access, drainage or utility easements or rights-of-way serving the property or other properties in the area.

 

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.

 

            A condition of approval is recommended that requires that the lot will be subject to existing restrictions, covenants and regulations as set forth in the plat of record.

 

The Development Services Team recommends Approval of the Building Envelope Amendment for Lot 7, Big Valley Homesteads II RLUP, File Number 20-LAND3962 and authorization for the chairman to sign the Findings and Resolution:

 

(1)        All conditions of approval shall be met, and the Findings and Resolution recorded by September 9, 2020 or this approval shall be null and void.

 

(2)        Lot 7 shall remain subject to any and all covenants, deed restrictions, or other conditions that apply to the original lot.

 

2.         HIDDEN VALLEY ESTATES RLUP, LOT 2 BUILDING ENVELOPE AMENDMENT, FILE #20-LAND3964: The owners of Lot 2 seek to amend the platted building envelope due to an error that occurred during construction of the foundation of the home. It appears that the home was rotated to accommodate the orientation and the foundation encroaches outside of the platted circular building envelope by 3.4-feet. The owners propose to shift the envelope to accommodate this encroachment. The buildable area within the envelope will remain the same.

 

The Larimer County Land Use Code (Section 5.7.3) allows for the approval of an amended plat if the following review criteria are met:

 

A.        No additional lots will be created by the amended plat.

 

            No additional lots are created by this proposed amendment as the sole request is to amend the building envelope on Lot 2 of the Hidden Valley Estates RLUP.

 

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 amended plat must not increase the nonconformity.

 

The property lines are not proposed to change with the amended plat, only the existing building envelope on Lot 2 is proposed to change. Therefore, criteria B will not apply to this proposal.

 

C.         The amended plat will not create a nonconforming setback for any existing building.

 

The existing single-family home setbacks will not be affected by the proposed building envelope change.

 

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.

 

The resultant lot meets the requirements of subsection 8.14.1.I. The lot is not divided by a municipal or county boundary line, road, alley, or another lot.

 

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

 

The proposed amended building envelope does not adversely affect access, drainage or utility easements or rights-of-way serving the property or other properties in the area. Utility companies have signed off on the proposal.

 

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.

 

A condition of approval is recommended that requires that the lot will be subject to existing restrictions, covenants and regulations as set forth in the plat of record.

 

The Development Services Team recommends Approval of the Building Envelope Amendment for Lot 2 of the Hidden Valley Estates RLUP, File Number 20-LAND3964 and authorization for the chairman to sign the Findings and Resolution:

 

(1)        All conditions of approval shall be met, and the Findings and Resolution recorded by September 9, 2020 or this approval shall be null and void.

 

(2)        Lot 2 shall remain subject to any and all covenants, deed restrictions, or other conditions that apply to the original lot.

 

MOTION

 

Commissioner Kefalas moved that the Board of County Commissioners approve the land use consent items for Monday, March 9, 2020, and further moved to approve the Findings and Resolution for the items on the consent agenda and authorization for the chairman to sign.

 

Motion Carried 3-0

 

CODE COMPLIANCE PUBLIC MEETING ITEM:

 

3.         ORDER & ASSESSMENT FOR COSTS INCURRED PURSUANT TO PROPERTY CLEAN-UP COSTS, FILE #17-CCC0277: Staff requested the Board of County Commissioners approve an Order and Assessment to cover costs to mobilize equipment and expenses by a contractor to perform the work of removing structures contaminated with asbestos, removal of outdoor storage of unlicensed and inoperable vehicles, miscellaneous items, junk and debris that were incurred by the County. These costs and expenses were not paid by the property owner as ordered. Pursuant to the Order for Costs dated January 8, 2020, unpaid costs in the amount of $14,927.88 associated with the removal and disposal of the above noted items shall be assessed as a lien against the property.

 

Mr. Brooks presented the item to the Board and gave a summary of the following occurrences:

 

A.        At a public meeting held on December 4, 2017, the Board of County Commissioners authorized legal action along with setting a deadline of 60 days for the property owner to bring the property into compliance as follows:

 

(1)        Remove all junk/debris, construction materials, unpermitted structures, and any other miscellaneous items stored outside.

 

(2)        Remove all vehicles and trailers from the property.

 

B.         The property owner did not complete the work by the deadline established. Staff

referred the file to the County Attorney’s Office for legal action.

 

C.         A Court Order for case 2018CV30916 (see attached) was entered on December 8,

2018 enjoining and restraining Lance Rausch and other occupants as follows:

 

(1)        Defendant Lance Rausch and any other occupants are enjoined and restrained from using the Property or allowing others to use the Property for outdoor storage of debris, lumber, unlicensed/inoperable vehicles, junk vehicles and agricultural equipment.

 

(2)        Within thirty (30) days of the date of this order, Defendant shall remove all debris, lumber, unlicensed/inoperable vehicles, junk vehicles, and agricultural equipment from the property.

 

(3)        Defendant Lance Rausch and any other occupants are enjoined and restrained from using the house/building of the Verified Complaint or shall remove the structure(s) from the Property.

 

(4)        Within thirty (30) days of this order, Defendant shall obtain all required permits for the house/building of the Verified Complain or shall remove the structure(s) from the Property.

 

D.        The work was not completed by the deadline.

 

E.        A courtesy notice was mailed to the property owner on October 7, 2019 and posted on the property October 8, 2019 (see attached) explaining that County representatives and/or their contractors will enter the Property on October 14, 2019 to enforce the order.

 

F.         Mr. Rausch went to the Commissioner’s office on Friday, October 11, 2019 to speak to Commissioner Tom Donnelly about the County enforcing the order. Code Compliance supervisor Karin Madson and Code Compliance Inspector Chad Gray attended the meeting. Mr. Rausch later filed a motion with the court to stay the order.

 

G.        Larimer County staff and Hudspeth employees (contractor for the clean-up) and their contractors entered the property on Monday, October 14, 2019 to begin the clean-up work. The property owner Lance Rausch requested that he be able to remove the remaining structures on the property since he removed most of them over the weekend. Code Compliance Inspector Tony Brooks explained that permits were required from the Larimer County Engineering Department in order to move the remaining structures from the property and that the cost to mobilize the heavy equipment and hourly wages of the contractors would still be assessed to the property owner. Mr. Rausch obtained a permit and moved the structure. Mr. Rausch told me he filed a motion to stay the order, but it did not get approved until November 1, 2019 (see attached). The costs being assessed are for the mobilization of the contractor on October 14, 2019.

 

H.        The costs associated with the clean-up was approved by the court in the order dated December 8, 2018.

 

I.          A Report of Costs (see attached invoice) for the costs increase for the contractors  mobilization of heavy equipment and hourly wages was mailed via regular and certified mail to the owner on January 8, 2020, with the request that the amount owing be paid to the County within thirty (30) days, or by February 10, 2020.

 

J.          The owner did not pay the amount due.

 

K.        The Court Order provides that the costs incurred shall be automatically assessed as a lien against the property collectible by the Larimer County Treasurer in the same manner and with the same priority as general real property taxes.

 

L.         Notice of this hearing was mailed, certified and regular mail, to the owner of record on January 8, 2020.

 

The Board discussed the costs of removal and disposal of the junk, debris, and asbestos contaminated structures and for clarification on when the contractor came or will come.

 

Lance Rausch, owner of the property in question, addressed the Board with concerns about his attempts to acquire building permits and his completion of the clean-up requested. Mr. Rausch stated that he attempted many times to obtain the proper documentation but that the staff was frequently unavailable and the requirements and regulations for the situation were unreasonably exasperated. He also stated that he has since sold the property.

 

The Board asked Mr. Rausch for clarification of the dates of his actions and compliance and the dates of the court order. Mr. Rausch reiterated the difficulty in obtaining the proper permits.

 

The Board asked Mr. Brooks for clarification and summary of the process to obtain building permits. Mr. Brooks explained that the department made many attempts to explain the requirements and regulations to Mr. Rausch specific to Carter Lake Valley specifications, and that, also, Engineering requires a moving permit for Mr. Rausch needed to do.

 

The Board inquired with the County Attorney about the process concerning a lien being placed on the property given the supposed sale of the property.

 

MOTION

 

Commissioner Donnelly moved that the Board County Commissioners sign and approve the attached Order and Assessment.

 

Motion Carried 3-0

 

With there being no further business, the Board recessed at 3:30pm.

 

 

 LAND USE HEARING

 

The Board of County Commissioners reconvened at 6:30 p.m. with Lesli Ellis, Community Development Director. Chair Johnson presided, Commissioner Donnelly and Commissioner Kefalas were present. Also present were: Katie Beilby, Jenn Cram, Tracy Hicks, and Don Threewitt, Community Development Department; Rusty McDaniel, Engineering Department; Lea Schneider, Health Department; Mike Loberg, Bobby Moll, Joe Shellhammer, Justin Whitesell, Sheriff’s Department; Frank Haug, County Attorney’s Office; and Kayleigh Ogden, Deputy Clerk.

 

Chair Johnson opened the hearing with the Pledge of Allegiance.

 

1.          ARISE MUSIC FESTIVAL SPECIAL EVENT, SPECIAL EVENT # 5720 ENERGOV FILE #20-SPEVENT0046: Ms. Ellis began by summarizing the situation concerning the Arise Music Festival’s Special Event application and went over the evaluation process for such applications.

 

On February 4, 2020, the Community Development Department received an application for the 8th Annual Arise Music Festival Special Event. The event is proposed for July 30 to August 3, 2020 in a new location just off W. CR 80 near Buckeye, CO. The timeframe includes two weeks of load in before the event and one week of load out after.

 

The Community Development Department evaluates Special Events applications based on Section 7 of the Land Use Code. Sec. 7.6.B.3 notes that the community development director upon determination that the application is complete and after referring it to other county and non-county departments may schedule the application for a hearing before the Board of County Commissioners to determine if the event should be allowed or denied. Given the level of public interest in this application and past hearings held for the Arise Festival, the director scheduled a hearing rather than decide administratively.

 

The Land Use Code, Section 7.5 sets forth the Review Criteria for a Special Event. To approve a Special Events permit, the commissioners must consider the following review criteria and find that each criterion has been met or determined to be inapplicable:

 

A.        The applicant has demonstrated that the special event can be compatible with existing and allowed uses in the surrounding area.

 

The application notes that the grounds are surrounded by vacation properties with distant neighbors and states that the festival will not be seen by anyone except attendees. They address taking strong measures to control noise and decibel levels.

 

B.         The applicant has demonstrated that the special event complies with all applicable requirements of this code.

 

The application does not address this specifically; it addresses specific topics as noted in section E below.

 

C.         The applicant has demonstrated that the special event will result in no substantial adverse impact on other properties in the vicinity, including environmentally sensitive areas or features or other lands.

 

The applicant has stated that they plan to stay within controlled decibel levels and orient their stages and sound system away from neighbors. The application has a section on solid waste and dust control but does not specifically address impacts on environmentally sensitive areas or features.

 

D.        The applicant has demonstrated that the special event has addressed the recommendations of the referral agencies.

 

The application was referred to a variety of departments and agencies, and responses were received from:

 

(1)        Larimer County Engineering Department

(2)        Larimer County Department of Health and Environment

(3)        Larimer County Building Department

(4)        Larimer County Code Compliance

(5)        Colorado Division of Wildlife

(6)        County Clerk & Recorder

(7)        Larimer County Emergency Services

(8)        Wellington Fire

(9)        Livermore Fire

(10)      Larimer County Parks & Open Land

(11)      Larimer County Planning Department

(12)      Larimer County Risk Management

(13)      Larimer County Road & Bridge

(14)      Larimer County Sheriff

 

The Applicant responded to some comments and anticipates providing additional information at the hearing.

 

E.        The applicant has demonstrated that the special event will comply with the applicable performance standards as set forth in section 7.7 of this code.

 

Special events may be required by the community development director to comply with any or all of the following conditions, except for subsections D, I and J, which may only be waived with the approval of the Larimer County Health Department, the fire district or the Larimer County Sheriff respectively. Which requirements apply to a specific event will be determined based on the location and type of event, and after consultation with the county sheriff, department of health and environment, applicable fire authority and any other county or non-county department, agency or official whose consideration the community development director deems essential to a full and complete assessment. All applicable requirements shall be specified in the conditions of the permit, if approved:

 

(1)        An adequate and safe supply of potable water meeting requirements set forth by the Colorado Department of Health or county department of health and environment shall be provided.

 

The application notes there will be two 6,000-gallon potable water trucks operating and refilling the free water stations. The health department has requested 3,000 more gallons of water per day to supply drinking water for 15,000 people. In addition, the coordinator shall provide enough potable water to supply the freshwater tanks of the food vendors and the commissary kitchen plumbing fixtures.

 

(2)        Separate enclosed toilets for males and females, meeting all state and local specifications, as determined by the county department of health and environment, conveniently located throughout the grounds, sufficient to provide healthful facilities, for the maximum number of persons allowed at any single time, to attend the special event shall be provided.

 

The application states there will be four banks of toilets with a minimum of 150 toilets with one sink per every 5 toilets. These toilets will be serviced between 2-4 times per day depending on the need. The health department supports a condition for 225 portable restrooms given the remote location with camping and food and beverage service.

 

(3)        A sanitary method of disposing of solid or liquid waste, in compliance with state and local laws and regulations, sufficient to dispose of the solid waste production of the maximum number of persons allowed at any single time to attend the special event.

 

The health department notes need for adequate on-site solid waste receptacles/dumpsters for bulk daily collection of solid waste from event attendees, merchandise and food vendors, to be provided by the event coordinator. Wastewater collection receptables shall also be provided for liquid waste produced by food vendors.

 

(4)        As determined by the county department of health and environment, the following may be required:

 

a.         Two certified emergency medical technicians and one emergency ambulance provided for special events with 500 persons. One additional certified medical technician provided for every additional 500 persons. An enclosed structure where treatment may be rendered shall also be provided.

 

The applicant has contracted with Groove Medical and they will have 30+ staff available. Groove Medical has a scope of care that includes doctors, nurses and paramedics. It is not clear whether staff consists of the requisite number of certified medical technicians.

 

b.         A licensed practical nurse or registered nurse, licensed to practice in the state, provided for special events with 1,000 persons. One additional nurse provided for every additional 1,000 persons.

 

The applicant has contracted with Groove Medical and they will have 30+ staff available. Groove Medical has a scope of care that includes doctors, nurses and paramedics. It is not clear whether staff consists of the requisite number of registered nurses.

 

c.         A vector control plan indicating how insects, rodents, and other vermin will be controlled by proper sanitary practices, extermination or other safe and effective control methods. Where necessary, a plan to control animal ectoparasites, and other disease transmitting, and nuisance insects must be provided.

 

Not applicable.

 

(5)        If the special event is to occur during hours of darkness, illumination sufficient to light the area of attention (stage, actors, band, etc.) be provided at the rate of at least five foot-candles. Such illumination shall not be allowed to shine or reflect unreasonably beyond the boundaries of the location of the special event.

 

The applicant notes there will be light towers to illuminate ingress/egress points, emergency access areas and pathways. The stages will also be illuminated with professional lighting rigs exceeding five-foot candles. No above illumination will be allowed beyond the boundaries of the festival grounds.

 

(6)        A parking area sufficient to provide parking space for the maximum number of persons allowed at any single time to attend the special event. In addition, there shall be a traffic circulation system sufficient to allow safe and efficient traffic and pedestrian circulation for the maximum number of persons allowed at any single time to attend the special event. The flow of traffic on roads shall not be blocked or hindered, and no cars, buses or bicycles shall be allowed to park along the side of or in any public road right-of-way, without prior written approval of the county engineering department.

 

The applicant has sufficient parking (calculated for 18,750-person event) with accessible parking near the main entrance. The applicant proposes a queue system to control the flow of vehicles coming in and leaving to mitigate impacts on county roads.

 

(7)        Adequate facilities for communication with hospital, police and fire services shall be provided and based in the medical station.

 

The applicant is aware of this and based on the hearing outcome will work with each agency.

 

(8)        If the assembly is to continue overnight, camping facilities in compliance with all state and local requirements must be provided.

 

            The application proposes camping. There are no FEMA designated floodplains associated with the parcels, however there are mapped waterways. All camping should be set back a minimum of 100-feet from any centerline of any USGS mapped waterway (“blue-line”) to promote safety of participants and water quality. Additionally, water and sanitation facilities should be adequately located near camping facilities. The health department has requested a new site plan as the PDF provided is not clear. The new site plan should clearly denote locations of facilities relative to camping. Additionally, it is unclear whether camping participants will be allowed to have open fires.

 

(9)        Security, which, as determined by the county sheriff, is adequate to control any disturbances, which might occur at the special event. An adequate plan of peer group control may be used if approved by the Larimer County Sheriff.

 

The applicant has a security plan and has contracted CODE 4 Security of Fort Collins. It is unclear if the security plan will be sufficient in the remote location. The Sheriff’s department has provided written comments and will be available at the hearing to discuss this topic.

 

(10)      Applicant must provide evidence that the applicable fire protection district has been notified about the special event. Applicant shall comply with all requirements of the fire protection district.

 

The Livermore and Wellington Fire Districts were notified of this event through the county Special Event permitting process. Wellington Fire District has jurisdiction on this site and notes that the applicant will need to complete and have approved a special event application. Livermore Fire District, that covers properties very near the site, notes concerns about remoteness of the area and human caused fires, severe weather and injuries to participants, camping trespass, EMS adequacy, and onsite fire protection.

 

(11)      Applicant assurance that sounds from the special event do not carry unreasonably beyond the boundaries of the location of the special event. Sound created by the special event, which exceeds any limitations set by the Larimer County Noise Ordinance, shall be presumed to be unreasonable.

 

The application includes an approach to orienting stages to mitigate excessive noise levels that reach beyond the property and addresses noise measurement procedures. With this being the first year proposed at this new location, the Development Review Team would request a noise evaluation report.

 

(12)      Applicant must provide for appropriate dust mitigation.

 

The application notes that the property is vegetated with grass to avoid dust. The applicant will complete a magnesium chloride treatment on the Ackerman’s private road. County Road and Bridge typically completes the magnesium chloride on the county roads earlier in the summer.

 

(13)      If electrical systems are not self-supporting, electrical systems installation and maintenance must comply with minimum county and state electrical standards.

 

The applicant proposes generators to be used for this event from Sunbelt Rentals.

 

(14)      Management of food service shall conform to the requirements of the county department of health and environment.

 

Individual vendors will be supplying food during the event. The health department notes that due to the remote location, mobile food vendors with functioning hot and cold-water hand sinks under pressure shall be required. In addition, a temporary commissary kitchen shall be provided on-site for the food vendors to operate, from which includes fixtures, but not limited to ware washing, refrigeration, and enclosed storage.

 

(15)      Guarantees to cover the cost of any required grading, site restoration, dismantling and removal of structures, and cleanup following the special event may be required.

 

The applicant notes plans for cleanup following the event.

 

(16)      Structures and facilities shall be designed and located on the site and the site shall be maintained:

 

The applicant agrees to ensure:

 

a.         Trees, underbrush, large rocks and other natural features are left intact and undisturbed.

 

b.         Natural vegetative cover is retained, protected and maintained so as to facilitate drainage, prevent erosion and preserve scenic attributes.

 

(17)      Exotic animals.

 

Not applicable.

 

(18)      A description of the surface material of the parking area and a method-plan for handling traffic in conformance with the Manual on Uniform Traffic Control Devices and the Colorado Supplement.

 

The application describes that parking will not be paved and includes verbal description of traffic handling.

 

(19)      Insurance in an amount determined to be adequate and reasonable in light of the risks and hazards relating to the special event. Applicant may also be required to purchase search and rescue (SAR) cards for some or all persons participating in the special event.

 

The applicant will supply insurance if the application is approved.

 

Based on the application as presented, the Development Services Team recommends the Board of County Commissioners deny the Arise Music Festival Special Event, application #5720, EnerGov # 20-SPEVENT0046. Such recommendation is based on the apparent failure to meet criterion B (complying with all requirements of the code) and D (addressing recommendations of the referral agencies, especially regarding safety and security). The team also notes concerns about compatibility (criterion A), potential impacts (criterion C) and meeting all the performance standards in criterion E (including but not limited to water, sanitation, access, fire protection, emergency services, and road maintenance and repair).

 

If a permit is approved, staff would recommend conditions of approval, including:

 

A.        Hold the event on a different summer weekend that neither conflicts with the County Fair and the cattle drive on CR 80 occurring on the weekend proposed nor with other large event weekends to avoid excess strain on county resources.

 

B.         Inspect roads by Larimer County immediately prior to the event and immediately after. Any damage to roads as determined by the county will be repaired by the County Road and Bridge department. Applicant shall post money in escrow account prior to event in amount of $6,000/mile x 8.5 miles to equal $51,000.

 

C.         Limit ticket sales to manage event size. 4. Limit hours of amplified music.

 

D.        Address referral agency comments regarding food service, water, portable restrooms, wastewater, noise, medical and security services, fire protection, and building code permitting requirements for stages.

 

E.        Restrict open fires in the camping area and on the site as a whole.

 

F.         Work with medical, fire, and sheriff agencies to provide adequate communications facilities on the site, such as a temporary wireless tower.

 

The Board asked for clarification of the amplification reduction and on projected ticket sale. The Board also inquired about referral agency denials.

 

Mr. Loberg addressed the Board to expand on the denial stating that the denial was based on past performance of the festival and increasing attendance. He explained that his department lacks the manpower required for such an event and that the event creates many public safety challenges.

 

Mr. Moll detailed the public safety issues including disagreements between Arise staff and attendees, a stolen motor home, narcotics arrests, DUI’s among attendees and staff, traffic issues, and on one occasion a juvenile seizure due to drug overdose.

 

Mr. Whitesell addressed the Board to discuss high fire and winds dangers for the site of the event, also stating concerns with search and rescue and reservoir safety and rescue.

 

Both Mr. Shellhammer brought to attention specific concerns with drug use at the festival. Mr. Shellhammer reported that just last year, detectives responded to 8 overdoses, of which were caused by drugs such as cocaine, meth, heroin, LSD, ecstasy and more. He explained that two undercover detectives were sent to the festival and discovered a lax in back-back and body searches from security and the rampant presence of drugs.

 

Mike Larson, Battalion Chief for Thompson Valley Emergency Medical Services (TVEMS), address the Board to expand upon the use of drugs and the role of the on-site medical staff at the festival. He stated the festival, in the past,  has employed a private medical staff to have on-site. The role of the medical staff was to contact the TVEMS in the case of any emergencies. Mr. Larson stated that over the course of the seven years the Arise Festival has operated, 23 calls have come in to TVEMS to transport patrons out of the festival. Of those 23 calls, 17 were due to overdoses. Other concerns of Mr. Larson included child endangerment, combative patients, and an overwhelmed, small staff that made up the on-site medical team.

 

Ashley McDonald, Government Affairs Director and District Management Director for Wellington Fire Protection District, addressed the Board stating that she met with the applicant last year to begin preliminary planning and also have spoken with other jurisdictions to discuss experiences they have had. Ms. McDonald explained the District’s primary concern was response time for first responders, which sat at a minimum of 30 minutes. She introduced Everett Petit, Deputy Fire Marshall, and Brett Convey, EMS Coordinator, to expand upon response time and procedures for reviewing special event applications.

 

Mr. Petit stated his department looks at fire code and guidelines when reviewing applications. His biggest concerns were the 30-minute EMS response time, fire emergencies and the lack of adequate services on site.

 

Mr. Convey explained his concerns as being patient safety and the citizens of the area. He stated the access to the site for emergency services is minimal and the District’s resources are limited. Mr. Convey said his worry was with dust control and rain showers that can make the road impassable. If a mass evacuation were needed, he questioned the capabilities of a small team with such a large population.

 

Jim Harrington, Assistant Chief with the Livermore Fire Protection District, addressed the Board to site concerns with traffic and the dangerous intersection that is Highway 287 and County Road 80. Other concerns Mr. Harrington posed were possible heat exhaustion of the attendees, winds and rains affecting the roads, high fire dangers, and the District’s low staffing and inexperience responding to emergencies involving thousands of people.

 

Chair Johnson invited the applicant to the podium for their presentation.

 

Luke Comer, Producer and Director for Arise Music Festival, addressed the Board to present the festival’s application and the readiness of the festival to comply with any requests or recommendation the County posed.

 

Mr. Comer began by giving a brief overview of the festival’s core principals, addressing neighbor’s concerns, going over the possible negative impacts of the festival, and stating the positive impacts the festival provides.

 

Mr. Comer explained the extensive and continued cooperation the festival has had with the County and plans in place to comply with requests. This included having a Comprehensive Fire Protection Plan and an ambulance on site. He then went through each of the County’s recommendations and explained how the festival planned to comply.

 

The Board inquired about reasons for the move from Masonville to Livermore, to which Mr. Comer could not legally reply.

 

The Board discussed visiting the location and cited concerns with traffic and significant challenges with either viable route, potential fire danger and reservoir restrictions, noise and reduction times, volume of ticket sales, volume of vehicles, the fragile ecosystem and rattlesnake population, and the area’s agriculture.

 

Mr. Comer explained plans for traffic control and monitoring grass levels and fire dangers. He clarified noise reduction times and the minimal neighboring homes, the number of staff contributing to the volume of persons present at the festival, minimal disturbance to the grass and agriculture, and his plans for monitoring and controlling the rattlesnake population in the area.

 

Chair Johnson opened the hearing for public comment.

 

Vuk Cikara-Gocke, Anja Cikara-Gocke, Annie Phillips, Zach Thode, Alison Gocke, Lisa Mast, Mike Mast, Carol Erickson, Lynette Robinson, Chris Davison, Gemma Robinson, Kathy Bakus, Ginger Montgomery, Julie Palmer, Sean Cleaver, Henry Obermeyer, Gary Broersma, Zach Hoffman, Matt DuBois, Patricia Miller, Kristi Dressler, Scott Burnworth, Ted Moen, Rae Boyce, Kate Hagweiate, Mile Cikara, Allison Miller, Rhonda Reed, Bob Turley, Peggy Ross, and Patricia Miller addressed the Board.

 

The majority of concerns from the public ranged from primarily fire risks, wildlife and agriculture disturbance, noise levels, drug use, traffic and road dangers, to that of minimal cell hone service and emergency response time.

 

John March, Audio Producer for Arise Music Festival, expanded upon the operations of the noise level stating there should be minimal to zero impact to neighboring citizens. Mr. March also stated plans to rent out the nearby iHeart Radio tower to provide patrons cellphone coverage. Shannon Bock, Marketing Director for Arise Music Festival, spoke in favor of the festival citing the benefits of Northern Colorado having more access to performing arts and the internships the festival provides for students to obtain college credit for.

 

Chair Johnson invited the applicant to state any summarizing or additional comments.

 

Mr. Comer summarized the concerns of the public and reiterated the plans and strategies the festival was intending to put in place to comply.

 

The Board discussed the parking concerns and fire risks with staff and deliberated over application criteria, safety concerns and location compatibility.

 

MOTION

 

Commissioner Kefalas moved that the Board of County Commissioners deny the Special Event Arise Music Festival #5720.

 

Motion Carried 2-1, Commissioner Donnelly dissenting

 

With there being no further business, the Board adjourned at 9:40 p.m.

 

 

TUESDAY, MARCH 10, 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 Kayleigh Ogden, Deputy Clerk.

 

1.    PUBLIC COMMENT: Zach Hoffman, Deb Bjork, Gregg Leveritt, and Eric Sutherland addressed the Board.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF MARCH 2, 2020

 

M O T I O N

 

Commissioner Kefalas moved that the Board of County Commissioners approve the minutes for the week of March 2, 2020.

 

Motion carried 3-0

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF MARCH 16, 2020:   Ms. Gimeson reviewed the upcoming schedule with the Board.

 

4.         CONSENT AGENDA:  

 

03102020A001             PROFESSIONAL SERVICES AGREEMENT (P20-02) BY AND BETWEEN LARIMER COUNTY AND WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS INC.

 

03102020A002            PROFESSIONAL SERVICES AGREEMENT (B20-02) BY AND BETWEEN LARIMER COUNTY AND A-1 CHIPSEAL COMPANY

 

MISCELLANEOUS: Energy and Mineral Impact Broadband Grant - Endeavor Building Fiber; Energy and Mineral Impact Grant Application - Endeavor Building EOC Tenant Improvements; Stipulation as To Tax Year 2019 Value for R1597952; Department of Human Services Payments for January 2020; Stipulation as To Tax Year 2019 Value for R1660764; Recommended Mid-Term Appointment to the Scenic Ranch Estates PID #68 of Mike Rushing; Recommended Mid-Term Appointment to the Larimer County Interagency Oversight Group of Robert Percifield.

 

LIQUOR LICENSES: The Following Liquor licenses were approved: Glen Haven Inn – Glen Haven – Hotel and Restaurant with Optional Premise; Carter Lake Marina Inc – Loveland – Fermented Malt Beverage On/Off Premise.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda for March 10, 2020.

 

Motion carried 3-0

 

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

 

6.         LARIMER COUNTY DEPARTMENT OF HEALTH AND ENVIRONMENT NEW MISSION AND VISION STATEMENTS: Tom Gonzales, Public Health Director, addressed the Board to announce that the Larimer County Board of Health has approved new mission and vision statements for the department. The mission and vision statements align with the direction of the new 2020 - 2025 strategic plan. These new mission and vision statements focus on helping the community have access to healthy choices and a healthy environment.

 

The new mission for the department is “working to provide everyone in Larimer County the opportunity for a healthy life.”

 

The new vision statement is "Larimer County is a thriving, health-aware community where everyone has access to healthy choices and a healthy environment."

 

The 5 Year Vision involves the department being a vibrant, forward-looking organization of empowered, professional staff focused on continuous improvement, being known as a Health Strategist and for delivering outstanding service, and partnering with the community to reduce barriers and positively impact overall public health.

 

Values the department will focus on to bring about the 5-Year Vision include professionalism and how it will interact together and with customers through respect, empathy and quality of work; being strategic with how it plans for the future; being equitable to ensure every citizen’s needs are met and are valued and treated fairly; and fostering teamwork with how it collaborates and works together.

 

The Board inquired about the Community Health Improvement Plan fitting into the announced 5-year plan and an update on the measures the department is taking concerning the COVID-19 pandemic. Mr. Gonzales assured the Board that Department of Health and Environment were taking every precaution and investigating the one preliminary confirmed case in Larimer County.

 

7.         RECOGNITION FOR EXCELLENCE IN FINANCIAL REPORTING: Carol Block, Finance Director; Lorrie Lopez, Controller; and Alex LeBlanc, Accounting Manager addressed the Board to recognize Larimer County and the County’s Finance Division for recently receiving a Certificate of Achievement for Excellence in Financial Reporting for the 2018 Comprehensive Annual Financial Report (CAFR). The County has maintained this certificate for 37 consecutive years.

 

The certificate is awarded by the Government Finance Officers Association of the United States and Canada (GFOA). Of approximately 3,000 counties in the US, only 16% qualify. And, only 3% of counties have received the award for more than 35 years.

 

An impartial panel of accounting experts determined that the County’s CAFR met GFOA’s high standards of reporting, including demonstrating a “spirit of full disclosure.” The Financial Report satisfied Generally Accepted Accounting Principles, legal requirements, and met readability and organization standards. The standardized format used for the CAFR makes it much easier to compare Larimer to itself from year to year, and to other cities and counties across the U.S. and Canada.

 

A tremendous amount of work is required for a local government to even become eligible to apply for this recognition. It also requires a great deal of ongoing effort and dedication for Larimer County to annually sustain the certification each year. The award sends a message of fiscal responsibility to the financial community. It is one of the Finance Division’s key performance measures.

 

The Board discussed how important the CAFR is and its usefulness to the County.

 

The Board took a brief recess.

 

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

 

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

 

10.        LEGAL MATTERS: The Board went into Executive Session to discuss the extent of the referral process as outlined in the County’s 1041 process pursuant to C.R.S. 24-6-402(4)(b); and for a legal update and discussion of potential settlement negotiations regarding Case 2019CV30775, BCC v. Waggoner relating to the Fork’s Park area pursuant to C.R.S. 24-6-402(4)(b) and (e).

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners 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 on specific legal questions specifically related to a discussion of the extent of the referral process as outlined in the County’s 1041 process and also legal update and discussion of potential settlement negotiations regarding Case 2019CV30775, BCC v. Waggoner relating to the Fork’s Park area.

 

Motion carried 3-0

 

With no further business the Board adjourned at 10:15 a.m.

 

 

 

 

 

____________________________________

STEVE JOHNSON

BOARD OF COUNTY COMMISSIONERS

BOARD OF COMMISSIONERS

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

__________________________________________

Kayleigh Ogden, Deputy Clerk