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Summary BOCC Meeting- April 12, 2017

CONSENT AGENDA: Invocation and pledge of allegiance. Approval of agenda and consent agenda: CDS mylars and vouchers.

PUBLIC COMMENT:
-Lack of civility exists; desire for reasonable solution to problems.
-Communication with commissioners addressed.
-New organization chart: unclear why county needs to add new layers of bureaucracy (2 assistant county managers); why do we need a Public Information Officer (more efficient/less costly for commissioners to hold regular town hall meetings); where is money coming from to pay for these new positions? Comparison to other similarly sized counties that don't have county managers or assistant county managers. What analysis went into this chart? Public at large needs answers. Commissioner Thayer finds these job titles "amusing.....titles not important."
-Master Plan: first public meeting 4/26/17 at fairgrounds from 6:00-8:30PM. Design Workshop will guide the plan. Comprehensive Plan = Master Plan. Website: ElbertCountyCompPlan.com.

DISCUSSION ITEMS:

-Presentation by State Engineers Office, Division of Natural Resources by Kevin Rein and Karolyn Armstrong: Denver Basin Groundwater. This entire presentation is available to citizens via email. Summarized the major responsibilities of DWR, Colorado's hydrology, states that rely on CO water, priority system, history of ground water administration, designated ground water, detailed explanation of Denver Basin (non-renewable, recharge being studied), well permitting, water rights, water court and adjudication.
-Billie Mills, County Assessor introduced Mike Akana, presenter. Four functions of assessor's office: discover, classify, list, and value. 2017 reassessment per CO law (every odd-numbered year). Major influences on 2017 reassessment: Front Range real estate market, improvements to assessor's office, location. EC highest in state for market increases (1.3% appreciation/month). Properties were only being inspected on average every 12 years; now using more updated analysis techniques. Notices to be mailed on May 1. Overall increase is 23%-32% (range from 15% to 56% increase). Question about how GIS assessment accounts for negative property surroundings. Town hall meeting 4/19/17 at 6:30PM at fairgrounds for citizens to ask questions.

ACTION ITEMS

  • approval of 3/22/17 and 3//21/17 BOCC meetings
  • Bank of the West contract - authorized County Manager to initiate due diligence: appraisal, improvement plan/funding, operating cost analysis, set up/move in costs, etc.
  • Public comment on this contract:
    -is there a set price? Why enter into a contract before negotiating price? Why is the building necessary? Other capital improvements that might generate revenue (i.e., the fairgrounds) should be considered. Commissioners stated that they have looked at other options for spending this $500,000, but they did not share what those options are

BOARD PLANNING for 4/16/17 BOCC meeting

  • -Fair Board update, event liquor licenses, outline of process for minor/major/commercial applications, historic district proposal, zoning regulations update, appointments policy, strategic plan organizational adjustments, ORR policy, Bank of the West contract, roof repair code update, policies related to improvement districts

LAND USE - public hearings

  • -Temporary asphalt plant for contracted CDOT project - Special Use Review. On highway 24 (between El Paso Co. border and Limon). Planning Commission recommended approval. Approved as presented by commissioners.

-Lion's Gate Special Use Review - proposed relocation of wild animal sanctuary from Agate to Judge Adams Rd. Applicants: Joan Laub and Peter Winney. Planning Commission recommended approval by a 5-3 vote on 3/21/17. Applicant presentation: summary of request, background/history, reason for request - flooding, and safety.

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Public comment:
CON-sound/noise carries, property values negatively affected, too dangerous in 2006 - few changes since then, right to safety, property rights of current residents unprotected, one neighbor in favor actually has his/her home for sale, what mitigation has been done to current location, owners of rental home in area have been informed by their renters that they will not renew lease, not in harmony/compatibility with medium density residential area, 87 neighbors signed petition against, lack of county's ability for enforcement/oversight, no outreach to neighbors, presented inconsistencies at various venues, numerous violations of laws/regulations resulting in fines and revocations, liability issues, applicant's vision has changed throughout this process, online fundraising - does applicant have adequate resources

PRO-animals in sanctuary should not be feared, no escapes, applicant has sacrificed to care for these animals, no evidence wildlife would be affected, noise minimal, property rights of applicant are equal to others' property rights, veterinarian spoke of safety, guaranteed rights against the collective

Applicant response: citizens presented inaccuracies
Questions/comments by BOCC - responses by applicant:

  • can both applicants handle all duties? Yes.
  • precedent - 2006 denial - how have things changed? 10 year track record, animals' lives at risk, older animals.
  • flood mitigation? Have been doing temporary fixes, need permanent solution.
  • does applicant have funds now? Answered yes, but couldn't answer how much these costs would be. Some materials recycled from current facility.
  • why inconsistencies in application packet about number of animals? Some have passed on.
  • what to do with new facility when all animals pass on? Tear it down.
  • is county being "played"....it defies logic to be doing this. Commissioner Thayer stated that flooding issues could be easily mitigated; discounted this cause completely.
  • would sell current facility if relocation occurs; license transfers to new location.
  • commissioners would have preferred more detailed inspection records. Not being required to move, just "authorized" to move
  • conditions of approval acceptable to applicant (specifically, no new animals). Would they agree to SUR being terminated if they transferred ownership of property? Yes.
  • how is this compatible with neighbors? Current facility has lived in harmony with neighborhood.
  • emergency access with just a private, dead end road is a concern. Applicant believes this is an asset. Fire department has received initial draft of emergency plan; will inspect if completed.
  • reaction time for an event? 24 hour surveillance through phones and alarm; need to work out procedures with OEM/sheriff
  • commissioners asked sheriff to comment on emergency plan - sheriff received plan with only one day to review; he detailed items that should be included in plan.

Commissioner Richardson expressed concerns over rudimentary emergency plan. Commissioner Thayer's main issue was precedent (not much change since 2006 denial) as well as inconsistencies within application. Commissioner Willcox based his decision on the safety and security of surrounding residences as well as the lack of outreach by applicant to citizens.

Commissioners voted unanimously to deny the SUR. Lion's Gate will not be allowed to relocate.

Meeting adjourned.

-Jill Duvall