MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

MONDAY, may 11, 2020

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m., with Leslie Ellis, Community Development Director. Chair Johnson presided. Commissioner Donnelly and Commissioner Kefalas were present. Rob Helmick, Community Development joined the meeting by teleconference. Also present were: Steven Rothwell, Engineering; Frank Haug, County Attorney’s Office; and Elizabeth Carter, Deputy Clerk.

 

Chair Johnson opened the hearing with the Pledge of Allegiance and 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.          BRADLEY SUBDIVISION PRELIMINARY PLAT (REVISED), FILE #18-LAND3781: The project is a subdivision of 5.32-acres into two lots of approximately 2.3 and 2.8-acres each, one with an existing home.  Appeals to Section 8.14.1.R not requiring connectivity and Section 8.14.1 H depth-to-width ratio.

 

The Development Services Team recommends Approval of the Bradley Subdivision File # 18-LAND3781, and the requested Appeal 8.14.1.R, connectivity and Section 8.14.1 H depth-to-width ratio; subject to the following condition(s):

 

A.   The final plat shall be consistent with the approved preliminary plan and with the     information contained in the Bradley Subdivision File # 18-LAND3781, except as modified by the conditions of approval or agreement of the county and applicant.  The applicant shall be subject to all other verbal or written representations and commitments of record for the Bradley Subdivision File # 18-LAND3781.

 

B.         The following fees shall be collected at building permit issuance for new single-family       dwellings: Thompson R2-J School District school fee, Larimer County fees for County and Regional Transportation Capital Expansion, and Larimer County Regional Park Fees (in lieu of dedication).  The fee amount that is current at the time of building permit application shall apply.

 

C.         Fire Requirements – All new residential structures will be required to have residential fire sprinkler systems.

 

D.         All habitable structures will require an engineered foundation system. Such engineered foundation system designs shall be based upon a site-specific soils investigation.  Due to the seasonal high-water table, basements are prohibited in the development.    Mechanical methods proposed to reduce the ground water level, unless it is a response after construction, must be proposed on a development wide basis.

 

E.         Passive radon mitigation measures shall be included in construction of residential structures on these lots.  The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Building Department.  As an alternative, a builder may present a prepaid receipt from a radon tester, which specifies that a test will be done within 30 days.  A permanent certificate of occupancy can be issued when the prepaid receipt is submitted.

 

F.         The developer is responsible for the construction and acceptance of the domestic water line for the Little Thompson Water District.

 

G.        All road improvements identified on the plans are the responsibility of the developer.  A driveway road maintenance agreement will be required.

 

H.         The new driveway shall be constructed and installed prior to the issuance of any permit for Lot 1.

 

I.          The Home Supply Ditch Company agreement will need to be completed as a part of the Final Plat.

 

J.           Final geotechnical and drainage plans shall be provided at the Final Plat submittal.

 

2.         BLUE WOLF SUBDIVISION, FILE #19-LAND3935 : This two-lot subdivision was on the Consent Agenda and remained on consent.   The Larimer County Planning Commission has forwarded a recommendation of approval to the Board of County Commissioners.

 

The Development Services Team and the Larimer County Planning Commission recommends Approval of the Blue Wolf Subdivision and Preliminary Plat and Appeal to Section 8.14.6.R File #19-LAND3935 subject to the following condition(s):

 

A.        The final plat shall be consistent with the approved preliminary plan and with the information contained in Blue Wolf Subdivision and Preliminary Plat and Appeal to Section 8.14.6.R File #19-LAND3935, except as modified by the conditions of approval or agreement of the County and applicant.  The applicant shall be subject to all other verbal or written representations and commitments of record for Blue Wolf Subdivision.

 

B.         The following fees shall be collected at building permit issuance for new single-family dwellings:  Thompson R2-J school district school fee, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Regional Park Fees (in lieu of dedication) and drainage fees.  The fee amount that is current at the time of building permit application shall apply

 

C.         Fire Requirements – Residential fire sprinklers will be required for all new residential structures, unless a fire fighting water supply, hydrant, can be provided that meets the flow pressure and distance requirements of the Code.

 

D.        All habitable structures will require an engineered foundation system. Such engineered foundation system designs shall be based upon a site-specific soils investigation.  The lowest habitable floor level (basement) shall not be less than 3 feet from the seasonal high-water table.  Mechanical methods proposed to reduce the ground water level, unless it is a response after construction, must be proposed on a development wide basis.

 

E.        Passive radon mitigation measures shall be included in construction of residential structures on these lots.  The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Building Department.  As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30 days.  A permanent certificate of occupancy can be issued when the prepaid receipt is submitted.

 

F.         The Final Plat must clearly show the existing right-of-way of County Road 21 along the property frontage. If the minimum required right-of-way is not existing, right-of-way must be dedicated to meet the minimum requirement for a Major Collector.

 

G.        Any existing features within the right-of-way will be required to be relocated and moved out of the right-of-way if requested by the County at the cost of the property owner.

 

H.        Only one access will be permitted per parcel. The existing construction access will be required to be removed and relocated prior to issuance of any building permits Lot 1.

 

3.         GRAY EXEMPTION AMENDED PLAT OF PARCEL 1 AND BOUNDARY LINE ADJUSTMENT, FILE #20-LAND3972: The applicants seek approval to acknowledge a previous transfer of a 30-foot-wide parcel from a previously exempted parcel to a metes and bounds parcel.  The original Gray Exemption was approved in 1975 and the parties here arranged the 30-foot strip transfer in 1987, apparently not realizing that there was a county review and process.  This application seeks to remedy that error and acknowledge the current ownership pattern. 

 

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. There are currently two parcels one an exemption lot and the other a metes and bounds parcel. This request does not alter the number of lots, from the current two.   

 

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. Both lots currently do not meet the minimum lot area of 2.29-acres.  The total acreage of the two parcels is 2.56 acres the resulting(existing) parcels will be .49 and 2.07-acres. 

 

C.         The amended plat will not create a nonconforming setback for any existing building; All existing structures meet the setback requirements of the FA-1 Farming zoning district. 

 

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. No road or boundary divides or crosses these lots.  The purpose of the division is to have the property line reflect the new property boundary. 

 

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; and there is no effect on easements or rights of way.  No new easements or right-of-way is being proposed or created by this 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. All previous conditions affecting the McCarthey Subdivision lot will carry forward and apply to the newly revised lot. 

 

The Larimer County Health and Engineering Departments both commented that the request presents no conflicts.  Additionally, the Loveland Fire Rescue Authority indicated no specific requirements for this request.

 

The Development Services Team recommends Approval of the Gray Exemption Amended Plat of Parcel 1 and Boundary Line Adjustment file # 20-LAND3972, subject to the following conditions and authorizes the chairman to sign the plat when the conditions are met, and the plat is presented for signature:

 

A.        All conditions of approval shall be met, and the final plat recorded by November 1, 2020, or this approval shall be null and void.

 

 

B.         Prior to the recordation of the final plat the applicant shall make the technical corrections required by the Larimer County Engineering Department.

 

C.         All previous and prior conditions of approval of the Gray Exemption shall continue are carried forward with this approval. 

 

M O T I O N

 

Commissioner Kefalas moved that the Board of County Commissioners approve the three items on Consent Agenda and the Findings and Resolutions for May 11, 2020, and further moved authorizing the Chair to sign the Findings and Resolutions.

 

Motion passed 3-0

 

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

 

 

TUESDAY, MAY 12, 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, Commissioner’s Office and Elizabeth Carter, Deputy Clerk.

 

Chair Johnson opened the meeting with the Pledge of Allegiance.

 

1.          PUBLIC COMMENT: The following comments were submitted by email: Karen Artell thanked the Board of County Commissioners, Larimer County Public Health Department and the county staff for the response to COVID-19 and efforts to keep residents safe.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF MAY 4, 2020

 

M O T I O N

 

Commissioner Kefalas moved that the Board of County Commissioners approve the minutes for the week of May 4, 2020.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF MAY 18, 2020:   Ms. Gimeson reviewed the schedule for the upcoming week with the Board.

 

4.         CONSENT AGENDA:  

 

ABATEMENTS : Recommended Denial: Charles P. and Merry L. Amberg-R1599928;

Recommended Denial: David R. and Melinda K. Blatt-R1542374; Recommended Denial: Lynn H.and Karen D. Wilkey-R1606889; Recommended Denial: Susan Carol and Ronald Keith Schoon- R1621251.

 

05122020A001             LETA\LARIMER COUNTY ENDEAVOR FIBER AGREEMENTS

 

05122020D001            DEED OF DEDICATION, TERRELL W. FRITZ

 

05122020R001             RESOLUTION ORDERING A PUBLIC HEARING TO CONSIDER PETITIONS FOR TRAPPERS POINT PUBLIC IMPROVEMENT DISTRICT #70

 

05122020R002             RESOLUTION ORDERING A PUBLIC HEARING TO CONSIDER PETITIONS FOR CRYSTAL VIEW PUBLIC IMPROVEMENT DISTRICT #69

 

05122020R003             RESOLUTION ORDERING A PUBLIC HEARING TO CONSIDER PETITIONS FOR GLENN RIDGE ESTATES IMPROVEMENT DISTRICT #72             

 

MISCELLANEOUS : Stipulation as to Tax Year 2019 Value: Larimer County and Foxtrail Lodging LLC, Stipulation as to Tax Year 2019 Value: Larimer County and Pataskala LLC, Pickering LLC; Stipulation as to Tax Year 2019 Value: Larimer County and Anderson Loveland LLC; Stipulation as to Tax Year 2019: Larimer County and Prime Storage Fort Collins LLC.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Consent Agenda for May 12, 2020.

 

Motion carried 3-0

 

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

 

6 .         PROCLAMATION DECLARING MAY 12, 2020 CHILD CARE PROVIDER APPRECIATION DAY: Heather O’Hayre, Human Services and Lauren Powers, Early Childhood Council. Ms. O’Hayre reported to the Board that there are 2,000 plus child care providers in Larimer County serving more than 10,000 children and families.  She also highlighted the vital role child care providers are playing in our current environment.  These providers have been a critical component of keeping essentials workers available and to providing stability for families. Ms. O’Hayre relayed that the proclamation highlights that quality child care providers create safe, healthy learning environments, are knowledgeable about the developmental stages of children, and support them as they learn and grow.

 

Ms. Powers reported to the Board that the Early Childhood Council’s (ECC) mission is to connect families with child care facilities. Additionally, she noted that the ECC aids providers with licensing and continuing education.  Lastly, Ms. Powers shared with the Board that May 8th was National Child Care Provider Day. The ECC was grateful to have the opportunity to honor many providers and the outstanding service they provide to families. She also shared some quotes her team had received from teachers regarding how important their work is to them as well as from student as to how much they appreciate their teachers.

 

Commissioner Kefalas then read the proclamation.

 

M O T I O N

 

Commissioner Kefalas moved that the Board of County Commissioners proclaim May 12, 2020, Child Care Provider Appreciation Day.

 

Motion carried 3-0

 

7 .         2020 FUNDING PRIORITY AREAS FOR THE BEHAVIORAL HEALTH SERVICES IMPACT FUND (GRANT PROGRAM): Laurie Stolen, Behavioral Health Services. Ms. Stolen joined the meeting by teleconference and updated the Board on the Behavioral Health Services (BHS) 2020 Impact Fund. Ms. Stolen relayed that there is currently $2.5 million in funding which the Board has allocated for this year. She noted that $100,000 of the funding will be directed toward COVID-19 crisis response and $50,000 toward Gary A. Darling Grant, leaving $2.35 million in funding.  In terms of the 2020 Crisis Response, Mr. Stolen reported that nine awards have been recommended for groups focused on public health as well as social and economic crisis response.

 

Ms. Stolen then moved to discussing the funding priorities for the remainder of this year.  She stated that based off four months (January-April) of dedicated work from the Technical Advisory Committee, the Behavioral Health Policy Council unanimously voted to bring the 2020 Funding Priority Areas to the Board for approval. The 2020 funding priorities include: COVID-19 crisis recovery and outreach efforts; mental illness, substance use disorders prevention and programming; screening, early identification and intervention; and care coordination and responsivity. Ms. Stolen also briefly discussed the timeline for the grant process. The application process will open June 1, 2020, and then close on July 31, 2020. The review period for application will take place in August and September with a final Board review in September 2020. Funding will then be ready for disbursement in October 2020.

 

There was a brief discussion between the Board and Ms. Stolen regarding innovative efforts last year to partner with schools in the county to offer behavioral health resources for students, and if that work would continue.  Ms. Stolen noted that there will be efforts to build on previous work and maintain partnerships. She reported that most likely behavioral health needs within the schools will continue to grow.  Lastly, the Board thanked Ms. Stolen and her team for focusing on a consumer- centered approach.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the 2020 Funding Priority Areas for the Behavioral Health Service Impact Fund.

 

Motioned carried 3-0

 

8.         COVID-19 UPDATES AND DECISIONS: Tom Gonzales, Public Health Director; Katie O’Donnell, Health and Environment. Also joining the meeting by teleconference were Lori Hodges, Director of Emergency Management and Dr. Chris Urbina, COVID-19 Medical Officer.  Director Gonzales presented the Board with an update on the county’s efforts to suppress the spread of COVID-19, what the county is learning from the data and potential next steps. Director Gonzales highlighted that suppression efforts in the county are working.

 

Director Gonzales noted that the county has been working on a unified response with a primary objective of identifying and containing the spread of COVID-19 through aggressive contact tracing, active monitoring, increased testing capacity, enforcement and strong public messaging.  He reported that roughly 30 percent of the county’s population is highly susceptible to severe respiratory complications from the virus.  This population is highlighted in county’s suppression plan.  He also pointed out that after the stay at home order had been in place for one week, the county had not seen a drop in the number of cases.  Today the county can see how well it has done in flattening the curve in the decrease number of cases. On March 31 of the five hospitals, 78 percent of the Intensive Care Unit (ICU) beds and 73 percent of ventilators were in use.  On May 10th, those numbers dropped to 54 percent of ICU beds and 30 percent of ventilators being used.  Director Gonzales noted that the curve has been flattened. He did caution, however, that the curve does not go way.

 

Director Gonzales reported to the Board that the unified emergency response center was activated almost immediately in partnership with the Office of Emergency Management which has allowed for better communication and response.  He noted that Larimer County is one of few counties in Colorado which is set up this way and it works.  Director Gonzales relayed that currently individuals who are symptomatic can be tested and have results returned within 24 hours. Additionally, the Public Health Department can provide testing for symptomatic individuals free of cost.  He pointed out, however, that testing alone does not stop the spread of the virus.  Testing is a critical tool in allowing contact tracing to be successful and to help with suppression efforts but testing alone will not stop the spread. He noted that there is a team of 30 employees working seven days a week starting the contact tracing within six hours of the cases being reported in the statewide system.

 

Director Gonzales stated another key component in efforts to suppress COVID-19 is the Outbreak Taskforce team and the establishment of an alternative care facility. The taskforce has been working with the Centers for Disease Control (CDC) as well as long-term care and correctional facilities, businesses where clusters have presented, child care providers and schools to suppress the spread of COVID-19.

 

Director Gonzales reported that communication and messaging continues to be a challenge as information continues to flow and be updated.  He reported that from April 1- May 10, the office fielded 1,426 calls. His team is working to address concerns and questions from residents and provide up-to-date information for the community. On the logistical front, he stated that the county has made significant strides in getting protective personal equipment to health care workers and facilities. Lastly, Director Gonzalez relayed that education and compliance efforts remain a priority and that the number of staff supporting these efforts has been increased from four to ten. Director Gonzales highlighted some key takeaways: uniformed response and incident command is working; hospital partnerships are essential; swift action in long-term care facilities greatly reduces spread; and it is critical to prevent asymptomatic spread of COVID-19.

 

There was a discussion between the Board and Director Gonzales as to next steps.  Director Gonzales reported that because Larimer County has had success in flattening the curve and has a suppression plan ready to go, the county will be able to request variances from the state moving forward.  He deferred to Director Hodges as to the substance of those variances.  She stated that the county would continue to meet the intent of state requirements, but might look to creative solutions such as limiting the number of people based on the size or square footage of a facility/business rather than a blanket limit of ten people.  There was further discussion about who needs to sign off on request for variances.  Director Gonzales stated that the Board, hospitals and the public health board need to support the variance. In terms of timing, Director Gonzales and Director Hodges thought the variance could be submitted by this week with the necessary approvals in place.

 

 

 

 

 

 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the variance document from the statewide Safer at Home Order (PHO 20-28) as described and will be developed by staff for submission to the state.

 

Motion carried 3-0

 

There was further discussion regarding masks and faces covering and possible changes to the recommendations regarding face coverings. Director Gonzales emphasized that the use of facial coverings does help prevent the spread especially from those who might be asymptomatic.  The Board and Director Gonzales discussed possible clarifications on face coverings. Director Gonzales noted that, of course, the county is trying to avoid altercations and the need for business owners to police patrons. Lastly, there was a discussion regarding modifications for children and the wearing of masks.

 

9.         COUNTY MANAGER WORKSESSION:   Manager Hoffmann updated the Board on upcoming projects and activities.

 

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

 

With there being no further business, the Board adjourned at 11:15 a.m.

 

 

 

                                                           

                                                            ____________________________________                       

                                                            STEVE JOHNSON

                                                            BOARD OF COUNTY COMMISSIONERS

 

 

 

ANGELA MYERS

 

CLERK AND RECORDER

 

ATTEST:

 

__________________________________________

Elizabeth Carter, Deputy Clerk