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Board of County Commissioners
Tuesday Current Agenda

Board of County Commissioners (“BOCC”) Meeting
Tuesday, March 03, 2015 9:00 AM
Centennial Hall Auditorium
200 S. Cascade Avenue, Colorado Springs, Colorado


Call to Order.

1. Invocation.

2. Pledge of Allegiance.

3. Staff Emergency Items.

4. Changes/Postponements/Notice of Next Meeting.

5. Comments by Elected Officials and Commissioner Liaison Report(s).

6. Public comment on items not scheduled on the agenda and Community Organization Reports:

a. Colorado Visitors Bureau 2014 4th Quarter and 2015 Visitors Guide Presentation. (Dave Rose - Chief Public Information Office/Doug Price - President and CEO, Colorado Springs Visitors Bureau)

b. Other.

7. Consent Calendar:

a. Approved Abatements:  (Steve Schleiker - Assessor)

1. Request to uphold the County Assessor’s recommendation to approve a tax abatement petition by Pratt William E. Revocable Living Trust, for 2014 taxes in the amount of $10,768.19. Schedule No. 75012-03-002.

2. Request to uphold the County Assessor’s recommendation to approve a tax abatement petition by Mccoy and Little John Child, for 2014 taxes in the amount of $38,198.48. Schedule No. 53323-09-003.

3. Request to uphold the County Assessor’s recommendation to approve a tax abatement petition by Al Serra Chevrolet/Hummer, for 2014 taxes in the amount of $15,932.51. Schedule No. 60,760.

4. Request to uphold the County Assessor’s recommendation to approve a tax abatement petition by Robert A. Jackson, for 2013 taxes in the amount of $17,043.36. Schedule No. 63263-07-044.

5. Request to uphold the County Assessor’s recommendation to approve a tax abatement petition by Kameron Fam Partnership No. 8 LLP, for 2014 taxes in the amount of $14,245.52.  Schedule No. 64182-16-030.

b. Partially Approved Abatements:  (Steve Schleiker - Assessor)

1. Request to uphold the County Assessor’s recommendation to partially approve a tax abatement petition by AMJ Investments Inc., for 2012 taxes in the amount of $2,145.37. Schedule No. 64023-04-026.

2. Request to uphold the County Assessor’s recommendation to partially approve a tax abatement petition by Bragghardt, LLP., for 2012 taxes in the amount of $7,550.87. Schedule No. 71100-15-007.

3. Request to uphold the County Assessor’s recommendation to partially approve a tax abatement petition by Sharon J. and Daniel J. Robertson c/o Joseph C. Sansone for 2012 taxes in the amount of $976.76. Schedule No. 64302-01-026.

4. Request to uphold the County Assessor’s recommendation to partially approve a tax abatement petition by Global Automotive LLC., c/o Joseph C. Sansone for 2012 taxes in the amount of $1,034.68.  Schedule No. 64103-21-048.

5. Request to uphold the County Assessor’s recommendation to partially approve a tax abatement petition by Global Automotive LLC., c/o Joseph C. Sansone for 2012 taxes in the amount of $9,623.40. Schedule No. 64103-21-049.

c. Denied Abatements:  (Steve Schleiker - Assessor)

1. Request to uphold the County Assessor’s recommendation to deny the abatement petition by State Bank- La Junta, C/O Joseph C. Sansone Co., for 2012 taxes.  Reason for denial:  No evidence submitted by petitioner. Schedule No. 43072-04-012.

2. Request to uphold the County Assessor’s recommendation to deny the abatement petition by DKN Family Trust, for 2014 taxes.  Reason for denial:  Market data from 07/01/10 through 06/30/12 support the Assessor’s value. Schedule No. 61230-03-005.

3. Request to uphold the County Assessor’s recommendation to deny the abatement petition by Keep M Clean, for 2014 taxes. Reason for denial: The market does not support a reduction in value. Schedule No. 65024-07-012.

4. Request to uphold the County Assessor’s recommendation to deny the abatement petition by Jim Dandy Investment Co. LLC., C/O Property Tax Reduction Service, for 2012 taxes. Reason for denial: Petition abatement was not timely filed. Schedule No. 54063-04-048.

5. Request to uphold the County Assessor’s recommendation to deny the abatement petition by GEP Investment Inc., C/O Joseph C. Sansone Co., for 2012 taxes. Reason for denial: No evidence was submitted by petitioner. Schedule No. 56072-04-012.

6. Request to uphold the County Assessor’s recommendation to deny the abatement petition by BPAL Limited LLLP., C/O Joseph C. Sansone Co., for 2012 taxes. Reason for denial: No evidence was submitted by petitioner. Schedule No. 63122-17-004.

7. Request to uphold the County Assessor’s recommendation to deny the abatement petition by Moreland Properties, LLC., c/o Joseph C. Sansone Co., for 2012 taxes.  Reason for denial:  Property value was protested for the year in question. Schedule No. 63111-13-001.

8. Request to uphold the County Assessor’s recommendation to deny the abatement petition by WSGC LLC., c/o Stevens & Associates, for 2012 taxes.  Reason for denial:  Evidence does not justify a reduction in value. Schedule No. 74244-07-027.

9. Request to uphold the County Assessor’s recommendation to deny the abatement petition by WSGC LLC., c/o Stevens & Associates, for 2012 taxes. Reason for denial: Evidence does not justify a reduction in value. Schedule No. 74244-07-030.

10. Request to uphold the County Assessor’s recommendation to deny the abatement petition by Mares Alfonso O. and Susan D., for 2012, 2013 & 2014 taxes. Reason for denial: Evidence does not justify a reduction in value. Schedule No. 74242-01-006.

11. Request to uphold the County Assessor’s recommendation to deny the abatement petition by Eighth St Storage c/o Joseph C. Sansone Co., for 2012 taxes. Reason for denial: Evidence does not justify a reduction in value. Schedule No. 74133-13-028.

12. Request to uphold the County Assessor’s recommendation to deny the abatement petition by North Prospect Property, LLC. c/o Elite Property Services, for 2012 taxes. Reason for denial: This parcel is included with 63323-25-011 in petition for abatement- value is supported. Schedule No. 63323-25-012.

13. Request to uphold the County Assessor’s recommendation to deny the abatement petition by Giddings Lofts, LLC. c/o Joseph C. Sansone Co., for 2012 taxes. Reason for denial: Property was adjusted in 2011, intervening year adjusted only if unusual conditions exist. Schedule No. 64182-09-031.

14. Request to uphold the County Assessor’s recommendation to deny the abatement petition by Giddings Lofts, LLC. c/o Joseph C. Sansone Co., for 2012 taxes. Reason for denial: Property was adjusted in 2011, intervening year adjusted only if unusual conditions exist. Schedule No. 64182-09-032.

15. Request to uphold the County Assessor’s recommendation to deny the abatement petition by Giddings Lofts, LLC. c/o Joseph C. Sansone Co., for 2012 taxes. Reason for denial: Property was adjusted in 2011, intervening year adjusted only if unusual conditions exist. Schedule No. 64182-09-033.

16. Request to uphold the County Assessor’s recommendation to deny the abatement petition by Giddings Lofts, LLC. c/o Joseph C. Sansone Co., for 2012 taxes. Reason for denial: Property was adjusted in 2011, intervening year adjusted only if unusual conditions exist. Schedule No. 64182-09-113.

17. Request to uphold the County Assessor’s recommendation to deny the abatement petition by 2514, LLC., c/o Joseph C. Sansone Co., for 2012 taxes. Reason for denial: Property was adjusted in 2011, intervening year adjusted only if unusual conditions exist. Schedule No. 74112-25-033.

18. Request to uphold the County Assessor’s recommendation to deny the abatement petition by 324 East Pikes Peak, LLC., c/o Joseph C. Sansone Co., for 2012 taxes. Reason for denial: Market data from 01/01/09 through 06/30/10 supports the Assessor’s value. Schedule No. 64181-13-008.

19. Request to uphold the County Assessor’s recommendation to deny the abatement petition by Dutch Mill V., LLC., c/o Joseph C. Sansone Co., for 2012 taxes. Reason for denial: Market data from 01/01/09 through 06/30/10 supports the Assessor’s value. Schedule No. 63181-02-027.

20. Request to uphold the County Assessor’s recommendation to deny the abatement petition by Clark Exchange Properties, LLC., c/o Joseph C. Sansone Co., for 2012 taxes. Reason for denial: Adjustment made to adjacent parcel. Schedule No. 64152-21-005.

21. Request to uphold the County Assessor’s recommendation to deny the abatement petition by 117-119 East Bijou, LLC., c/o Joseph C. Sansone CO., for 2012 taxes. Reason for denial: Market data from 01/01/09 through 06/30/10 supports the Assessor’s value. Schedule No. 64182-09-027.

22. Request to uphold the County Assessor’s recommendation to deny the abatement petition by Ellantis, LLC. c/o Tom Rhue for 2012 taxes. Reason for denial: Adjustment made to adjacent parcel. Schedule No. 64183-18-015.

23. Request to uphold the County Assessor’s recommendation to deny the abatement petition by 117-119 East Bijou, LLC., c/o Joseph C. Sansone Co., for 2012 taxes. Reason for denial: Market data from 01/01/09 through 06/30/10 supports the Assessor’s value. Schedule No. 64182-09-003.

d. Request to approve reappointment to the El Paso County Fairgrounds Corporation. (Jessica McMullen - Executive Administrative Assistant)

e. Request to approve reappointment to the El Paso County Park Advisory Board. (Jessica McMullen - Executive Administrative Assistant)

f. Request to approve reappointments to the El Paso County Transportation Impact Fee Advisory Board. (Jessica McMullen - Executive Administrative Assistant)

g. Request to approve the February 3, 5 and 10, 2015 minutes. (Vicki Ratterree - Clerk to the Board Manager, Clerk & Recorder's Office)

h. Resolution to approve a Permanent Easement Agreement with the City of Colorado Springs regarding the Carson Street Bridge project. (Kenneth Hodges - Senior Assistant County Attorney/Tim Wolken - Executive Director, Community Services Department)

i. Resolution to Approve the Sixth Amended Development Agreement for Lorson Ranch. (Lori Seago - Senior Assistant County Attorney)

j. Resolution to approve the 2014 stormwater annual report [Municipal Separate Storm Sewer System (MS4)] for Colorado Discharge Permit System (CDPS) Permit COR-090011. (Jim Reid - Executive Director, Public Services Department/Andre Brackin - County Engineer, Public Services Department)

k. Resolution to approve, accept, and enter into a Standard Off-System Utility Reimbursement Agreement from Magellan Pipeline Company, L.P., regarding the Marksheffel Road Project. (Jim Reid - Executive Director, Public Services Department/Andre Brackin - County Engineer, Public Services Department)

l. Resolution to approve, accept, and enter into a Standard Off-System Utility Reimbursement Agreement from Cherokee Metropolitan District regarding the Marksheffel Road Project. (Jim Reid - Executive Director, Public Services Department/Andre Brackin - County Engineer, Public Services Department)

m. Resolution to approve Park Lands Agreements with GTL Inc. (Tim Wolken - Executive Director, Community Services Department)

n. Resolution to approve a partnership with Falcon School District 49 to submit a Great Outdoors Colorado grant application. (Tim Wolken - Executive Director, Community Services Department)

o. Resolution to approve the submittal of a Local Parks and Outdoor Recreation grant application to Great Outdoors Colorado Trust Fund for the completion of Falcon Regional Park - Phase 1. (Tim Wolken - Executive Director, Community Services Department/Elaine Kleckner - Planning Manager, Community Services Department)

p. Contracts and Procurement 2015 Regular Items:  (Eileen Gonzales - Contracts and Procurement Manager)

1. Purchase order to Hewlett Packard Direct for Hewlett Packard desktop computers and monitors for the Support Services Department/Information Technology Division for the Public Services Department/Office of Emergency Management at a total cost of $52,164.40. (State Price Agreement 20511YYY31M/WSCA).

2. Award of five general service contracts and purchase orders to Martin Marietta Materials, Pioneer Sand Company, Rocky Mountain Materials & Asphalt, Schmidt Construction Company, and Tezak Heavy Equipment Company for various aggregates for the Public Services Department (Operations Division-Highway) at a total cost not to exceed $470,000.00 (IFB 15-007) County & PPRTA.

8. Land Use Consent Calendar:

a. SPECIAL USE - HIGHWAY 83 CMRS TOWER (A quasi-judicial matter before the Board of County Commissioners) - A special use request by Nathan Nordby (applicant) on behalf of CDOT (owner), for a Commercial Mobile Radio Service (CMRS) facility to allow a new 45-foot freestanding monopine tower in the Residential Rural (RR-5) zone district. The proposed tower is located approximately .25 miles directly north of the intersection of Highway 83 and North Powers Boulevard Sections 14 and 15, Township 12 South, Range 66 West, El Paso County, Colorado.  The property is not located within a small area plan (continued from January 27, 2015). Tax Schedule No. 62000-00-556 (AL-14-001) (Nina Ruiz - Project Manager/Planner II, Development Services Department)
(WITHDRAWN)

9. Called-Up Consent Calendar.

10. Resolution to Approve the Master Plan for Falcon Regional Park. (Elaine Kleckner - Planning Manager, Community Services Department)

Land Use Regular Item:
11. CASCADE METROPOLITAN DISTRICT #1 AND 2 SERVICE PLAN AMENDMENT - (A quasi-judicial matter before the Board of County Commissioners) - A request by the Cascade Metropolitan District for approval of a Colorado Revised Statutes Title 32 Special District service plan amendment for the Cascade Metropolitan District #1.  The district provides water service to approximately 350 customers in the Cascade area.  A general description of the land contained within the boundaries of the District is as follows: north of North Fork French Creek, east of Severy Creek, south of Pikes Peak Highway, and west of Highway 24, all located in the east half of the southeast quarter of Section 22, the northwest quarter of Section 26, and in Section 27 of Township 13 South, Range 68 West of the 6th Principal Meridian, El Paso County, Colorado. The service plan amendment is a material modification proposing to increase the maximum authorized indebtedness from $2 million to $5 million in order to refinance existing obligations and to finance infrastructure capital costs of approximately $2.4 million.  The District service area is included within the Ute Pass Comprehensive Planning Area. (IDO-15-001) (Mark Gebhart - Deputy Director, Development Services Department)
                         ______________________________________

12. Department and Committee Reports/Non Action Items.

13. Addendum.

14. Executive Session:

a. Executive Session pursuant to C.R.S. §24-6-402(4)(b) and (e) regarding Lorson Ranch, including: 

1) Conference with the County Attorney's Office for the purpose of receiving legal advice on specific legal questions; and

2) determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators. (Lori Seago - Senior Assistant County Attorney)

b. Executive Session pursuant to C.R.S. § 24-6-402(4)(b) and (e), regarding EEOC complaints filed by members of the Sheriff’s Office and pending notices of claim against former Sheriff Maketa, former Undersheriff Presley, the El Paso County Sheriff’s Office through Sheriff Elder and other County officials and personnel alleged by former Sheriff’s Deputy Charles Kull and current Sheriff’s Sergeant Emory Gerhart, including:

1) Conference with the County Attorney’s Office for the purpose of receiving legal advice on specific legal questions; and

2) determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators. (Diana May - Senior Assistant County Attorney/Ray Deeny, Esq., Sherman & Howard)

c. Executive Session pursuant to C.R.S. § 24-6-402(4)(b) and (e), regarding EEOC complaints filed by members of the Sheriff’s Office and pending notices of claim against former Sheriff Maketa, former Undersheriff Presley, the El Paso County Sheriff’s office through current Sheriff Elder and other County officials and personnel alleged by current El Paso County Sheriff’s Commanders Rob King, Mitch Lincoln, Rodney Gehrett, current El Paso County Sheriff’s Sergeant Cheryl Peck and former Sergeant Rob Stone:

1) Conference with the County Attorney’s Office for the purpose of receiving legal advice on specific legal questions; and

2) determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators. (Diana May - Senior Assistant County Attorney/Ray Deeny, Esq., Sherman & Howard)

d. Other.

Adjourn.


NOTES:

BOCC meeting agendas, backup materials and meeting results as well as archived agendas and audio recordings are available free of charge on the County's website at http://bcc2.elpasoco.com/bocc/agenda.asp.  Backup materials for agenda items may be publicly viewed in the Reader’s file located in the Office of the BOCC.

Audio recordings of Non-Action Public Meetings (Work Sessions, etc.) are also available free of charge on the County’s website at http://bcc2.elpasoco.com/bocc/agenda.asp.  

The live audio/video may be accessed at http://bcc2.elpasoco.com/Audio/default.asp.

The BOCC may recess for lunch if consideration of agenda items extends beyond the morning session.  A time to reconvene and complete discussion of the scheduled items will be announced.

Audio and audio/video copies of the record may be purchased by contacting the El Paso County Clerk & Recorder’s Office at (719) 520-6430.