MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, March 15, 2004

LIQUOR LICENSE HEARING

continued for

OSIRUS CLUB, INC.

(#24)

The Board of County Commissioners met with Bill Ressue, Assistant County Attorney; Chair Rennels presided and Commissioner Bender was present. Also present were Gael Cookman and Dawn Stroh, Clerks' Office; Don Johnson, attorney representing Larimer County; Conrad Swanson, attorney representing Club Osirus; Tad Buonamici and Jeff Holder, Owners of Club Osirus; Dustin Janzen, employee of Club Osirus; Mark Hettinger, Poudre Fire Authority; and Jean O'Connor, Clerk to the Board.

The Show Cause Hearing for Club Osirus continued with Mr. Swanson cross-examining Mr. Hettinger. Mr. Hettinger was sworn in at this time. Mr. Swanson asked if there were any problems found during the March 5, 2004 bar check and Mr. Hettinger stated there were not. Mr. Swanson asked if the concrete stops were in place prior to the Grand Opening of the Club and Mr. Hettinger stated that upon the initial inspection there were traffic cones, however a follow-up inspection prior to opening, the stops were in place and fastened permanently. Mr. Hettinger further noted that an evening bar check revealed patrons coming and going out of both the east and west doors, however the west door is to be used only in the event of an emergency.

At this time Mr. Johnson rested his case.

Mr. Swanson called Mr. Janzen and he was sworn in. Mr. Janzen stated that his responsibilities at the Club were head doorman and patron counter. Mr. Janzen stated that the establishment is now using a "clicker" instead of a tally sheet. Mr. Janzen also noted that the west entrance is now only used for emergency purposes. Mr. Swanson asked if 18 & Over Nites are still occurring and Mr. Janzen said no.

Mr. Buonamici was called and sworn in and stated that he is an owner/president of the Club and that he intends to comply with all regulations. Mr. Buonamici noted that Deputy Malisani never informed him that candles were not allowed, but agreed there was overcrowding in February. Mr. Buonamici further noted that Deputy Malisani stated, in front of Lt. Cook, that he does not like nor respect Mr. Buonamici as a person or business owner.

Mr. Johnson cross-examined Mr. Buonamici and asked if Deputy Malisani was telling the truth during testimony last week. Mr. Buonamici stated that in his opinion, Deputy Malisani did not testify truthfully. Mr. Johnson asked if the following incidents ever occurred in the Club: fighting, over crowding, spills not cleaned up on the floors and stairs, serving minors, and serving visibly intoxicated patron. Mr. Buonamici replied in the affirmative. Mr. Buonamici stated that beer cases had been stacked close to the entry in an effort to keep them cool and that food is now available for up to 50-patrons per evening as requested. Mr. Johnson asked if Mr. Buonamici had seen the article in the Collegian and if it was accurate. Mr. Buonamici stated that the interviewer had twisted his words and it was not accurate in its entirety.

Commissioner Rennels asked if Mr. Buonamici was still monitoring the west door and Mr. Buonamici stated that since the Show Cause notice was received, he has walked away from the establishment.

Mr. Jeff Holder was called and sworn in and stated his position is part owner, bookkeeper and other administrative duties. Mr. Holder also noted that he was working most nights since the establishment opened but took a couple weeks break the beginning of February. Mr. Holder stated that the west door is no longer being used. Mr. Holder also clarified that the parking and food issues are now understood and being enforced. Spills are being cleaned as soon as staff becomes aware of them; controls are in place to address altercations, both inside and out; wristbands are secured; and only one patron/dancer is allowed in a cage at a time.

Mr. Johnson cross-examined Mr. Holder regarding overcrowding and fighting.

Chair Rennels stated that there is no public present to comment on this item.

Mr. Swanson stated in his closing argument that the facts have been presented; the owners have made every effort to comply with all requests from the Sheriff's Office and Poudre Fire Authority; and that DUI's were not necessarily the fault of this establishment. The only violation, Mr. Swanson continued, is the overcrowding on the nights of February 5 and 6, 2004.

Chair Rennels stated that the Board would take the matter under advisement and return with a ruling.

Upon the Board's return, Chair Rennels stated that staff would look into the parking issues; stated that the owners were notified of the Boards' zero tolerance commitment to liquor establishment violations; and that the owners lied to the Board regarding no 18 & Over Nites, serving minors, and operating the establishment in a respectable manner.

Commissioner Bender agreed with Chair Rennels and expressed his disappointment with the owners not honoring their previous statements made to the Board.

MOTION

Commissioner Bender moved that the Board of County Commissioners suspend the liquor license for Club Osirus for 6-months commencing April 1, 2004.

Motion carried 2 - 0.

MOTION

Commissioner Bender moved that the Board of County Commissioners direct the County Attorney to draft a Findings and Resolution for this action of the Board.

Motion carried 2 - 0.

There being no further business, the hearing adjourned at 11:35 a.m.

LAND USE HEARING

(#25)

The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Pro-Tem Gibson presided and Commissioner Bender was present. Also present were Dave Shirk, Estes Valley Planning; Geniphyr Ponce-Pore, David Karan, and Karin Knauf, Planning Department; Traci Downs, Engineering Department; Doug Ryan, Health Department; Dawn Stroh, Clerks' Office; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Clerk to the Board.

Chair Pro-Tem Gibson stated that the applicant for item #1 Park Hills Subdivision has requested the item be tabled to April 19, 2004 at 3:00 p.m.

MOTION

Commissioner Bender moved that the Board of County Commissioners table the Park Hills Subdivision, Lots 1-3 & 11 Amended Plat to April 19, 2004 at 3:00 p.m. as requested.

Motion carried 2 - 0.

Chair Pro-Tem stated the following items are consent and would not be discussed unless requested by the Board or members of the audience. Mr. Gene Kercheck requested the James Eller MRD be removed for discussion.

  1. BALL-KNEER BOUNDARY LINE ADJUSTMENT: 1061 AND 1067 SUTTON LANE

This is a request to adjust the common lot line between two lots. Staff recommendation is approval.

3. GREELEY-BOULDER AMENDED PLAT: 2395 SPUR 66, WITHIN UNINCORPORATED ESTES PARK

This is a request to vacate a portion of a platted access easement and a platted utility easement. Staff recommendation is approval.

4. AMENDED PLAT OF LOTS 71A AND 72A OF THE AMENDED PLAT OF LOTS 68-72, GLACIER VIEW MEADOWS, FOURTH FILING: NE 1/4, SECTION 23, TOWNSHIP 9 NORTH, RANGE 72 WEST OF THE 6TH PM, LARIMER COUNTY, COLORADO, APPROXIMATELY 560 FEET SOUTHEAST OF THE INTERSECTION OF WETTERHORN COURT AND MOUNT MASSIVE DRIVE

This is a request for an Amended Plat and Easement vacation to amend the plat of Lots 71-A and 72-A of the Amended Plat of Lots 68-72, Glacier View Meadows, Fourth Filing, in order to combine two lots into one lot and vacate the easement located on the common lot line. Staff recommendation is approval subject to the following condition and authorize the Chair to sign the plat when presented for signature 1. The Final Plat shall be recorded by September 15, 2004 or this approval shall be null and void.

  1. AMENDED PLAT OF LOT 6, RAINBOW LAKE ESTATES: N 1/2 OF SECTION 18, T4N, R70W, MORE SPECIFICALLY LOCATED 1500 FEET NORTHWEST OF THE INTERSECTION OF WEST COUNTY ROAD 8E AND NORTH COUNTY ROAD 23E

This is a request to amend the plat of Lot 6 of Rainbow Lake Estates in order to reconfigure the southwest portion of the building envelope. Staff recommendation is approval subject to the following conditions and authorize the Chair to sign the plat when presented for signature 1. The Final Plat shall be recorded by September 15, 2004 or this approval shall be null and void; 2. All corrections to the plat required by Dale Greer, of Larimer County Engineering, shall be made prior to recordation of the plat.

6. AMENDED PLAT AND EASEMENT VACATION IN CRYSTAL LAKES 12TH FILING, LOTS 10 & 11: SW 1/4 OF SECTION 2, T10N, R74W LOCATED ABOUT 1/2 MILE NORTHWEST OF CRYSTAL LAKE

This is a request to combine two (2) lots into one lot and vacate existing utility easements along the common lot line. Staff recommendation is approval subject to the following conditions and authorize the Chair to sign the plat when is presented for signature 1. Prior to the recordation of the Final Plat the application shall make the technical corrections required by Dale Greer, Land Surveyor of the Larimer County Engineering Department, letter dated 12/08/03; 2. Add "File # 03-S2219" to the title on the plat; 3. Label the lot as "Lot 1" (see Katherine Huber's 11/21/03 e-mail comments); 4. Clearly label the existing lot lines which will be vacated; 5. All conditions shall be met and the Final plat recorded by September 15, 2004 or this approval shall be null and void.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the consent agenda as presented and outlined above.

Motion carried 2 - 0.

7. JAMES ELLER MINOR RESIDENTIAL DEVELOPMENT CHANGE OF CONDITION: 18-5-69; LOCATED 4 MILES WEST OF LOVELAND ON THE NORTH SIDE OF COUNTY ROAD 20 (WEST 1ST STREET)

This is a request for a change of condition to remove the condition regarding access to Lot 5 James Eller Minor Residential Development (MRD). Staff recommendation is that Condition #7 of the James and Jane Eller M.R.D. File #S-23-87 be removed from the original approval.

Ms. Knauf stated that an application has been submitted for another land division within this MRD and upon review of the new application, staff realized that an original condition of approval for the James Eller MRD had not been satisfied. Because of this oversight, there is now a conflict between the two MRDs. Therefore, staff is requesting that condition #7 of the James Eller MRD, which in part involves Lot 5 and Lipizzan Drive, be deleted.

Mr. Tercheck stated that Colt Drive is located within Horsetail Ranch Estates, for which Lipizzan is connected and should therefore not be vacated and should be maintained to the same standards as Colt Drive. Mr. Tercheck also noted that the maps distributed at a neighborhood meeting do not accurately reflect the contours of the area and that there is a wetland, which should not be disturbed.

Mr. Helmick stated that the issues raised are not being presented before the Board at this time.

Ms. Diana Longmore stated that she would like to convince the Board to keep Lipizzan Drive at a 15-foot width and paved.

Mr. Rob Persichitte, representative of the applicant for JJ Eller MRD, stated that Lipizzan Drive would remain as either an access easement or as a right-of-way and would be paved.

Mr. Tercheck stated that the internal roads are at a 20-foot width and requested the same for Lipizzan Drive. Mr. Persichitte stated that a 20-foot width was originally proposed but engineering staff recommended 15-feet due to drainage issues.

Ms. Downs clarified that 15-foot is sufficient to serve one home, but that when/if additional development occurs, Lippizan would need to be improved dependant upon the number of vehicle trips per day.

There being no further comments, the hearing was closed to the public.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the James Eller MRD change of condition as requested.

Motion carried 2 - 0.

There being no further discussion, the hearing recessed at 3:45 a.m.

LAND USE HEARING

(#26 & 27)

The Board of County Commissioners reconvened with Al Kadera, Senior Planner; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Dawn Stroh, Clerks' Office; Doug Ryan, Health Department; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Clerk to the Board.

  1. LAND USE CODE AMENDMENTS

Mr. Kadera stated that there are four proposed amendments and suggested each be considered separately.

  1. Pet Animal Regulations
  2. Mr. Kadera stated that the staff recommends the requirement for a Special Review approval for any pet animal facility that has more than ten animals outdoors at any time. This will allow the smaller operations to seek approval through Minor Special Review but will allow the Planning Commission to review the larger operations through the full Special Review process. Mr. Kadera stated that staff is recommending some sections be deleted, definitions be added, the proposed Pet Animal Regulation be added, zoning districts be amended and the use description for Livestock Veterinary Clinic/Hospital be amended.

    Commissioner Bender asked how many animals are currently allowed per resident and Mr. Kadera stated that no more that 3 adult animal are permitted and the proposed change is to not limit the number of pets an individual may own, not board. (Several letters were submitted for the record and are now in the official file of record in the Planning Department)

    Mr. Bob Johnson, representing the Spring Gulch Road Association, stated that the affects of allowing an unlimited number of animals would force associations into expensive litigation, since County code enforcement would no longer be an enforcement tool available to a HOA with respect to covenants. Commissioner Bender noted that it is not in the purview of the County to enforce covenants. Mr. Johnson stated that if there is a code requirement in place, then the County would enforce and litigate.

    Mr. Ken Malone stated that currently the protective covenants address pets and violations were addressed with the assistance of County staff for which the Board would resolve. The proposed amendments allows for no assistance, allows an increase in the number of pets per resident, and the carelessness of pet owners, could increase the number of predators.

    Mr. Leon Colart stated that irresponsible pet owners cause the biggest impact and that pet laws are made stronger with heavy fines.

    Mr. Roger Peirce stated that he agreed with previous statements and that the difficulty in covenants vs. non-covenants, such as 35-acre developments, is that animals don't know boundaries.

    Ms. Patty Martillaro also agrees with previous statements and proposed regulation wording. Ms. Martillaro also objected that there was no public notification of the proposed changes or this hearing and believed that is a gross oversight by the County.

    Mr. Grant Gillil read a letter for the record and suggested the item be tabled until citizens can be notified.

    Ms. Ruth Bucy, a hobby breeder within the farming community stated that she believes in reasonable limitations regarding the number of animals allowed and suggested the County follow State limitations.

    Ms. Joyce Resley, Ms. Bucys' sister, stated that they raise and show dogs and residents should be held responsible for their pets and that she agrees with previous statements.

    Ms. Karen Wagner also requested the item be tabled and allow public input. Ms. Wagner stated this is a controversial topic, which has received numerous complaints and therefore deserves a full public process.

    Ms. Audrey Lynn Stockton stated that issues raised are enforcement issues not Land Use issues.

    Mr. Woody Hesselbarth agreed that enforcement is a different issue then is being discussed tonight. Mr. Hesselbarth also requested clarification regarding a "fostering period" between rescue and an adoption facility.

    Mr. Bill Miller, representative of the Audubon Society, expressed concerns with birds and wildlife. Mr. Miller stated that cats are also an issue when left to roam, they instinctively hunt, defecate, and can transmit disease to owners.

    Mr. Larry Brown stated that an unlimited number of animals is an additional danger and has a negative impact on area residents.

    Mr. Richard Darsky asked how many small animals are currently allowed and Chair Rennels stated 3. Mr. Darsky stated that his wife currently has 3 Yorkies but wants another and Chair Rennels stated that she would need to apply for a kennel facility.

    There being no further comment, the hearing was closed to the public.

    Mr. Kadera stated that a letter from Mr. Ron Kline had been received for the record. The Animal Task Force, over the past few years, has held numerous open houses on the proposed regulation, with minimal citizen turnout. The Humane Society, Mr. Kadera continued, has expressed support of the proposed regulation.

    Commissioner Gibson stated that it is time to address this issue and noted that the Land Use Code is a living document and that changes can be made, but that a starting point is needed.

    Chair Rennels stated that she was a member of the Animal Task Force prior to being elected and noted that subdivision issues are enforcement issues. Chair Rennels explained how the Task Force came to the conclusion of unlimited animals.

    MOTION

    Commissioner Bender moved that the Board of County Commissioners approve the Pet Animal Regulations as proposed during this hearing and contained in the official file 04-CA0046 within the Planning Department.

    Motion carried 3 - 0.

  3. Level of Service Standards for On-Site Sewer Systems
  4. Mr. Ryan stated that this section is being amended for clarification and that staff is recommending that the principle of designing subdivisions to take advantage of favorable site conditions and avoid significant constraints increases the value and sustainability of rural area subdivisions. In order to make this section of the code more direct, we recommend striking the word "intrinsic". At the last work session with the Planning Commission and Board of County Commissioners it was that agreed replacing the word "intrinsic" with the word "natural" would preserve the intent of the Master Plan and the Land Use Code and remove a word that was causing an interpretation problem. The revised Section 8.1.1.B.2.e would read:

    "Substantial evidence is submitted showing that the design, layout and density of a development proposal incorporates the inventory and analysis of site conditions listed above. Proposals must show that site conditions are compatible with the use of on-site sewer systems and that the location of sewer systems will take advantage of favorable site conditions while avoiding significant constraints. Evidence of compatibility may include natural suitability of soils and other site conditions; development design and density tailored to limits placed by site constraints; and the ability to meet future lot owner expectations for operation and maintenance."

    Chair Rennels stated that "natural" soils can also be prime agricultural land and Mr. Ryan stated that all the facts of the site must be weighed, prioritized and balanced.

    Chair Rennels noted there is no public present to comment on this item. The Board had no concerns.

    MOTION

    Commissioner Gibson moved that the Board of County Commissioners approve the Level of Service Standards for On-Site Sewer Systems as presented and contained in the official file 04-CA0046 in the Planning Department.

    Motion carried 3 - 0.

  5. Public vs. Private Roads

Mr. Kadera stated that the development review process has uncovered some minor problems with the current Code language with respect to public versus private roads. It is important that all developments be served by public roads or, if that is not possible, they be served by legally established access easements. In an effort to address concerns, Mr. Kadera recommended the following amendments:

Amend Section 8.14 as follows:

8.14.2 Development Design Standards

The following standards apply to all development except rural land plans:

Delete Section 8.14.2.E and replace with the following

E. In cases where the access route between the subject site and a county road identified on the Larimer County Functional Road Classification Map is anything but a public right of way, the applicant must demonstrate, by competent evidence, the legal right to use any and all portions of that access route to the extent required for the pending development.

Add a new Sec. F and renumber existing sections.

F. All roads within the boundaries of land divisions and site plans, in both rural and urban areas, must be a public right of way. In order for the County Commissioners to approve an appeal to allow a private road within a land division or site plan, the County Commissioners must find that all the following criteria are met:

    1. The County Engineer has determined that there clearly is no current or future need for connectivity of the road(s) in the subject parcel with existing or potential roads in adjacent parcels;
    2. There is an easement, agreement, covenant or other appropriate document to be recorded in the County records that grants the right of access for emergency and service vehicles and that defines the persons/entities entitled to use the roads, the purpose for and manner in which the roads may be used, any limitations on the use of the roads, the persons/entities authorized and responsible to construct and maintain the roads, the person/entity authorized to enforce the terms of the easement and the penalties for violation of the terms of the easement;
    3. The design and construction of the private road will meet applicable County road or street standards;
    4. Provisions acceptable to the Board of County Commissioners have been made for the long term or permanent maintenance of the private road; and
    5. County requirements for road naming, road name signs and addressing have been or will be met prior to the issuance of any building permit.

Chair Rennels stated that there is no public present to comment on this item. The Board had no concerns.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the Public vs. Private Road amendment as presented by staff and outlined above.

Motion carried 3 - 0.

  1. Amendment to the Master Transportation Plan

Mr. Kadera stated that there is a discrepancy in the Master Transportation Plan. County Line Road, north of State highway 60 was identified on the original Functional Road Classification in 1981 as a Minor Collector. Parts of this road are being maintained by Weld County and these parts of the road were omitted from the data used to compile the map for the Master Transportation Plan. Since the Master Transportation Plan was approved by the County Commissioners, as well as the Functional Classification, the best way to correct the omission is to have the County Commissioners approve the correct classification for this part of County Line Road (Weld County Road 901).

Chair Rennels stated there is no public present to comment on this item. The Board had no concerns.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the amendment to the Master Transportation Plan as presented.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 9:05 p.m.

TUESDAY, MARCH 16, 2004

ADMINISTRATIVE MATTERS

(#28 & 29)

The Board of County Commissioners met with Neil Gluckman, Assistant County Manager; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Donna Hart and Deni La Rue, Commissioners' Office; Claudia DeLude, Planning Department; Gary Buffington, Parks and Open Lands; Fred Quartarone, Division of Wildlife; Dave Spencer and Mike Millsapps, Facilities; Ralph Jacobs, Human Resources; Dawn Stroh, Clerks' Office; George Hass, County Attorney; and Jean O'Connor, Clerk to the Board.

1. PUBLIC COMMENT: Mark Worton and Christopher Fry addressed with Board with concerns regarding the east side of Horsetooth Reservoir and fees being charged. Mr. Fry offered alternatives to the fee.

2. APPROVAL OF THE MINUTES FOR THE WEEKS OF MARCH 1 AND MARCH 8, 2004:

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the minutes for the week of March 1, 2004 as presented.

Motion carried 3 - 0.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the minutes for the week of March 8, 2004 as presented.

Motion carried 3 - 0.

3. REVIEW OF THE SCHEDULE FOR THE WEEK OF MARCH 22, 2004: Ms. Hart reviewed the schedule with the Board.

4. CONSENT AGENDA:

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the following items as presented on the consent agenda:

PETITIONS FOR ABATEMENT: As recommended by the County Assessor, the following petitions for abatement are approved IBP 14 Corporation; Unung; Krakel; Dickinson; Hughes; and Clinebell.

03162004A001 MODIFICATION OF AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE COLORADO DEPARTMENT OF TRANSPORTATION TO INCREASE COST SHARING FOR IMPROVEMENTS ON COUNTY ROADS 5 AND 38

03162004A002 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CONNELL RESOURCES, INC FOR IMPROVEMENTS FOR COUNTY ROADS 5 AND 38

03162004A003 WARRANTY MEMORANDUM BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND RAINBOW LAKE ESTATES HOMEOWNERS ASSOCIATION FOR RAINBOW LAKE ESTATES CONSERVATION DEVELOPMENT

03162004A004 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND REDEEMER LUTHERAN CHURCH OF FORT COLLINS FOR BIG HORN RIDGE SUBDIVISION

03162004A005 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND SPATIAL DATA RESEARCH, INC FOR RURAL SITE ADDRESSING IMPROVEMENT PROJECT PHASE II

03162004A006 LETTER OF ENGAGEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND SHERMAN & HOWARD LLC FOR LIMITED BOND AND SPECIAL COUNSEL SERVICES

03162004D001 DEED OF DEDICATION OF PROPERTY FOR USE AS A PUBLIC HIGHWAY BY MARIE, CLINT E, RICHARD D LYOD AND BEVERLY A. BAXLEY

03162004R001 RESOLUTION REGARDING RELEASE OF COLLATERAL FOR RAINBOW LAKE ESTATES CONSERVATION DEVELOPMENT

03162004R002 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR BIG HORN RIDGE SUBDIVISION

03162004R003 RESOLUTION REGARDING RELEASE OF WARRANTY COLLATERAL FOR FOOTHILLS VISTA SUBDIVISION

MISCELLANEOUS: Department of Human Services Payments for February 2004; Request to change Larimer Homeownership Program Income Funds to Miscellaneous Funds; Division of Wildlife Impact Assistance Grant Application; and Big Horn Ridge Subdivision Final Plat.

LIQUOR LICENSES: The following license was both approved and issued 287 Discount Liquors- Retail- Fort Collins, CO.

Motion carried 3 - 0.

5. CITIZENS REQUEST TO WAIVE OR PAY LANDFILL FEES: Ms. DeLude stated that the Board had found a zoning violation against this citizen and she has made every effort to comply. However, the citizens is elderly and on a fixed income and has torn the singlewide home down but has no money to pay the landfill fees. Chair Rennels asked if the citizen has the means to haul the debris to the landfill and Ms. DeLude replied in the affirmative.

Chair Rennels expressed concern in setting a precedent. Commissioner Bender suggested taking the money for landfill fees out of Commissioners' Special Project fund and work with the property owner to repay the cost. Chair Rennels agreed and requested Ms. DeLude work out the details.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve up to $300 from Commissioners Special Project Fund to be applied toward fees at the landfill for the citizen as requested. Repayment details to be worked out by staff.

Motion carries 3 - 0.

6. DIVISION OF WILDLIFE (DOW) REQUEST TO HUNT ON RED TAIL RIDGE OPEN SPACE: Mr. Quartarone requested the Board reconsider their decision and allow the DOW to hunt on Red Tail Ridge Open Space and test for Chronic Wasting Disease (CWD). Commissioner Bender and Gibson stated that hunting would be acceptable for this year only and that testing is important. Chair Rennels asked why the mandatory requirement for hunters to turn in animal heads has been discontinued. Mr. Quartarone explained Data Management Units and how DOW utilizes the information gained to achieve the same outcome but without the mandate.

MOTION

Commissioner Gibson moved that the board of County Commissioners approve sharp shooting for 15 animals on Red Tail Ridge Open Space for this year only.

Motion carried 3 - 0.

7. REQUEST TO WAIVE SECTION 331.5B.H.1.a OF THE LARIMER COUNTY PERSONNEL POLICY MANUAL: Mr. Spencer requested the Board approve the waiver to allow the Facilities Department to fill the position of Building Services Manager internally with Troy Griffin with a proposed starting salary of $52, 621.80/annual with exempt status. This request, Mr. Spencer continued, would waive the requirement for outside advertising of the position. Mr. Spencer further noted that Mr. Griffin has been interim manager since November 2003 when the position was vacated.

The Board expressed no concerns.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve a waiver of Section 331.5.B.1.a of the Larimer County Personnel Policy Manual allowing Troy Griffin to fill the position of Building Services Manager at the wage requested.

Motion carried 3 - 0.

8. JURY DUTY- FURTHER INQUIRY: Mr. Jacob returned to the Board with a revised Jury Leave Policy and requested approval. Commissioner Gibson asked if the cost of an employee reimbursing the County is justifiable and Mr. Jacobs stated that he likes to operate under the assumption that taking in revenue is always the best policy. Commissioner Gibson suggested that an employee be able to keep any payments for serving through a five-day trial. However, if the trial enters a 6th day, the employee is to repay funds to the County. The Board concurred and directed staff to redraft the policy and bring it back to the Board.

9. REVISE THE LARIMER COUNTY PERSONNEL POLICY MANUAL PERTAINING TO THE PAY GRID: Mr. Jacobs requested approval of the revised pay grid system referring to 2.5% and replace the reference with 1% effective April 1, 2004.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the revisions to the Larimer County Personnel Policy Manual, which replaces all references to the 2.5% grid with a 1% grid and changes to other policy provisions to be consistent with the 1% grid. Revisions are to be effective April 1, 2004.

Motion carried 3 - 0. (No Policy provided at this time)

10. WORK SESSION: Mr. Gluckman provided a legislative update for the Board.

11. COMMISSIONER REPORTS: The Board noted their attendance at events last week.

  1. LEGAL MATTERS

EXECUTIVE SESSION (Affidavit Provided)

MOTION

Commissioner Bender moved that the Board of County Commissioners go into executive session at 11:05 a.m. and cited 24-6-402(4)(b).

Motion carried 3 - 0.

Executive Session ended at 11:20 a.m.; no action was taken.

There being no further business, the meeting was adjourned.

LIQUOR LICENSES HEARING

INLET BAY MARINA

(#30)

The Board of County Commissioners met with Bill Ressue, Assistant County Attorney; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Dawn Stroh, Gael Cookman, and Christine Klinzmann, Clerks' Office; and Jean O'Connor, Clerk to the Board.

Mr. Ressue stated that this hearing is for a 3.2% liquor license at 4314 S. Shoreline Drive, Fort Collins, CO 80526, the applicant being Werthwhile LLC dba Inlet Bay Marina. Mr. Ressue entered an exhibit for the record.

Chair Rennels stated that there is no public present to comment on this item.

Mr. Werth was called to testify and sworn in. Mr. Werth stated that he previously held the same type of license, but when the Bureau of Land Management closed Horsetooth Reservior, he did not realize that he still needed to renew his license annually eventhough there would be no business.

Mr. Ressue asked if Mr. Werth is trained and educated in dealing with intoxicated patrons and Mr. Werth stated that he is and notifies the Boat Ranger. Chair Rennels asked if Mr. Werth is aware how seriously the Board takes the issuance of a license and Mr. Werth replied in the affirmative noted that he would hold up to that responsibility.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve a 3.2% liquor license to Werthwhile LLC dba Inlet Bay Marina as presented and requested.

Motion carried 3 - 0.

Other Business of the Board

Ms. O'Connor requested the Board approve a resolution pertaining to the increased funding agreement with Colorado Department of Transportation for improvements at County Roads 5 asnd 38.

Motion carried 3 - 0.

03162004R001 RESOLUTION APPROVING COLORADO DEPATMENT OF TRANSPORTATION CONTRACT FUNDING INCREASE/DECREASE AND APPROVAL LETTER FOR INTERSECTION IMPROVEMENTS AT LARIMER COUNTY ROAD 38 IN TIMNATH

There being no further business, the hearing adjourned at 2:45 p.m.

_________________________________

KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

(S E A L)

A T T E S T

_________________________________

Jean M. O'Connor, Clerk to the Board