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> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 10/29/07  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, OCTOBER 29, 2007

 

(There were no Land Use hearings scheduled for this day.)

 

 

LIQUOR LICENSE HEARING

(#134)

 

The Board of County Commissioners met at 10:00 a.m. with Linda Connors, Assistant County Attorney.  Chair Rennels presided and Commissioners Eubanks and Gibson were present.  Also present were:  Jerry Wolcott, Applicant; Leila Brister, Court Reporter, and Gael Cookman, Deputy Clerk.

 

Ms. Connors reviewed the contents of the application, and then presented Exhibit A (photos of the posting of the premises), and Exhibit B, the petition demonstrating the needs and desires of the surrounding neighborhood.  The applicant, Jerry Wolcott, was sworn in and Ms. Connors asked Mr. Wolcott a series of questions regarding the posting of the premises and the circulation of the petition.  Mr. Wolcott stated that the notice had been posted on the premises for eleven days, and stated that there was only one person that marked he was against the issuance of a liquor license because that particular person does not believe in using alcohol.   Ms. Connors asked Mr. Wolcott to explain how he has possession of the property, and Mr. Wolcott stated that the property was divided into two parcels in 2001 and the new address of 1935 E Lincoln Avenue was created at that time.  

Ms. Connors questioned whether Mr. Wolcott was familiar with the liquor laws of Colorado.  Mr. Wolcott stated that he has read the liquor code book and has contacted the Sheriff’s Department and will require TIPS training for himself and his staff.  Ms. Connors noted for the record that six people were present that were in favor of granting the license, and there was no one in the audience that wished to speak in opposition to granting this liquor license.  

Under discussion of the application, Commissioner Eubanks pointed out that once construction of the building was completed the building would need to be inspected prior to the liquor license being issued.

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the application and grant a Tavern License, for the Hideout Patio Bar and Grill, located at 1935 E Lincoln Avenue, Fort Collins, CO  80524, with the condition that a final inspection of the premises would need to occur prior to the liquor license being issued.

Motion carried 3-0.

 

The hearing adjourned at 10:15 a.m.

 

TUESDAY, OCTOBER 30, 2007

 

ADMINISTRATIVE MATTERS

(#129)

 

The Board of County Commissioners met at 9:30 a.m. with Assistant County Manager Neil Gluckman.  Chair Pro-Tem Gibson presided and Commissioner Eubanks was present.  Also present were:  Frank Lancaster, Donna Hart, and Deni LaRue, Commissioners’ Office; Ginny Riley, and Marsha Ellis, Human Services; George Hass and Bill Ressue, County Attorney's Office; and Gael Cookman, Deputy Clerk.

 

1.  PUBLIC COMMENT:  Darren Barnett addressed the Board with questions surrounding the employment of the Assistant County Attorneys.  Mr. Ressue explained that the County Attorney's office is a private practice and the attorneys are contracted for service by the Board of County Commissioners.  Mr. Barnett then proceeded to read a letter regarding a child protection case, and the Board and Mr. Ressue explained that the content of the letter should not be shared in an open public forum.   Mr. Ressue agreed to meet with Mr. Barnett in private to discuss the nature of his concerns.

                   

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF OCTOBER 22, 2007:

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the minutes for the week of October 22, 2007.

 

Motion carried 2-0.

 

3.  REVIEW THE SCHEDULE FOR THE WEEK OF NOVEMBER 5, 2007:  Ms. Hart reviewed the upcoming schedule with the Board.

 

4.  CONSENT AGENDA:

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for October 30, 2007:

 

PETITIONS FOR ABATEMENT:  As recommended by the Assessor, the following Petitions for Abatement are approved:  US Environmental and Laboratory LLC.

 

10302007A001           WARRANTY MEMORANDUM FOR WATERDALE AMENDED SPECIAL REVIEW 04-Z1522, BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND RETIREMENT PROPERTIES, LLC

 

10302007A002           WARRANTY MEMORANDUM FOR HAY WAGON PLANNED DEVELOPMENT 01-S1722, BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, NCW INC., AND PRAIRIE TRAILS HOMEOWNERS ASSOCIATION

 

10302007A003           DRAINAGE AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND WOLCOTT 8 PROPERTIES, LLC

 

10302007A004           AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, i-CUBED: INFORMATION INTEGRATION & IMAGING LLC, AND PLATTE RIVER POWER AUTHORITY

 

10302007A005           DRAINAGE AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ABC SELF STORAGE, LLC

 

10302007A006           MEMORANDUM OF LEASE BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND JOHN Q. HAMMONS, TRUSTEE OF THE REVOCABLE TRUST OF JOHN Q. HAMMONS, DATED DECEMBER 28, 1989 AS AMENDED AND RESTATED

 

10302007A007           PERMANENT AND TEMPORARY EASEMENT AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO

 

10302007A008           MEMORANDUM OF UNDERSTANDING BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO DEPARTMENT OF HUMAN SERVICES

 

10302007A009           AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE COLORADO STATE FOREST SERVICE FOR THE COLORADO COMMUNITY FOREST RESTORATION GRANT PROGRAM

 

10302007R001           RESOLUTION FOR STATUTORY VESTED RIGHTS FOR MOSER FIRST SUBDIVISION 04-S2287

 

10302007R002           FINDINGS AND RESOLUTION APPROVING THE VACATION OF AN EASEMENT ON LOT 1 OF THE RIVER GLEN REPLAT OF TRACT A

 

10302007R003           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOTS 5 AND 6 OF DIVISION 7 IN HIGH DRIVE HEIGHTS

 

10302007R004           RESOLUTION ADOPTING AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE

 

MISCELLANEOUS:  Letter of Support for the Colorado State Parks Trails Program; Appointments to the Estes Valley Public Library District; Appointment of Cheryl Elkins to the Juvenile Community Review Board; Hansen Land Consolidation Plat.

 

LIQUOR LICENSES:  The following permit was approved:  Alternatives to Violence, Inc. - Special Event 6% - Loveland.

 

Motion carried 2-0.

 

5.  RESEARCH FOR TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) PARTICIPANTS REGARDING CHILD SUPPORT:  Ms. Riley requested approval of one FTE Child Support Technician I, for the purpose of assisting in researching the cases in common between TANF and Child Support.  She explained that this position helps in the collection of monies from the non-custodial parent; monies that often end up being more than the family would receive if they continue on TANF.  Ms. Riley noted that the position would be funded 100% with federal TANF funds.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioner approve the request for a 1.0 Full Time Equivalent Child Support Technician I for the purpose of assisting in researching the cases in common between TANF and Child Support.

 

Motion Carried 2-0.

 

6.  BOARDS AND COMMISSIONS REAPPOINTMENTS:   The following reappointments for Boards and Commissions were presented:  

 

Red Feather Lakes Planning Advisory Committee:  Gene Allen, Senior, and Dennis Frydendall, both reappointed for a 3-year term beginning January 1, 2008, and expiring December 31, 2010.

 

Weld/Larimer Revolving Loan Fund:  Lewis Hagler, reappointed for a 4-year term beginning January 1, 2008, and expiring December 31, 2011.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the reappointments to the Red Feather Lakes Planning Advisory Committee and the Weld/Larimer Revolving Loan Fund, as outlined above.

 

Motion carried 2-0.

 

7.  FIRST READING OF THE REVISED FIRE ORDINANCE:  Mr. Lancaster explained that the law now allows the county to restrict the sale of fireworks during times of extreme fire danger.  He stated that the Fire Ordinance is being updated to include this provision, and noted that this is the first reading of the revised ordinance.  Mr. Lancaster explained that the ordinance would then be published in the newspaper and brought back for approval at the second reading. 

 

M O T I O N

 

Commissioner Eubanks moved to approve the First Reading of the revised Fire Ordinance to include restriction of open fires and fireworks.

 

Motion carried 2-0.

 

8.  WORKSESSION:  There were no worksession items to discuss.

 

9. COMMISSIONER REPORTS:  At this time Commissioner Rennels joined the meeting via teleconference, and the Board discussed their activities at events during the past week.  Discussion ensued regarding the Specific Ownership Tax, Para transit, and overlay work for road maintenance.  Commissioner Rennels suggested that the Board write a soap box column for the newspaper to better explain the county's position regarding these matters.

 

10.  LEGAL MATTERS:  Mr. Hass explained that there is a need to adjust the utility easement boundaries for the hotel at The Ranch, and requested the Chair's signature on an Easement and Right-of-Way agreement.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the request for adjusting the utility easement and authorize the Chair Pro-Tem to sign the same.

 

Motion carried 3-0.

 

10302007A010           EASEMENT AND RIGHT-OF-WAY AGREEMENT AND VACATION OF EASEMENT AND RIGHT-OF-WAY (For the hotel at The Ranch)

 

Discussion then ensued regarding a request from the Sheriff's office to reach a Collective Bargaining Agreement between the Teamsters and Larimer County, so that Sheriff's employees could participate in the benefits and retirement options offered by the Teamsters.  Mr. Hass stated that the employees are not prohibited from participating in more than one benefits and retirement program and that there are other methods of accomplishing this without crafting a Collective Bargaining Agreement.  Commissioner Eubanks stated that he would get clarification on the specific ideas and needs from the Sheriff's Deputies.

 

At this time the Board went into Executive Session for attorney client privileges.  (Affidavit provided.) 

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners go into Executive Session for the purpose of receiving legal advice on specific legal questions, as outlined in 24-6-402-(4)(b) C. R. S.

 

Motion carried 3-0.

 

The meeting adjourned at 10:40 p.m., with no further action taken.

 

 

 

 

 

__________________________________________

                        KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

­­­______________________________________

Gael M. Cookman, Deputy Clerk

 

 

­­­______________________________________

Angela Myers, Deputy Clerk

 

 

 

 

 

 

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.