> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 07/27/09  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, July 27, 2009

 

There were no meetings held on July 27, 2009.

 

 

TUESDAY, JULY 28, 2009

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager. Chair Rennels presided and Commissioners Donnelly and Johnson were present. Also present were:  Donna Hart, Commissioners’ Office; Gael Cookman, Clerk and Recorder’s Office; William Ressue, County Attorney’s Office; and Melissa Lohry, Deputy Clerk.

 

1.         PUBLIC COMMENT:  Dave Gurtler addressed the Board in regards to a Special Master’s Order he received. Mr. Gurtler asked the Board if it was against the county’s land use code for him to store a 25-year-old vehicle on his property if the vehicle is licensed, has up to date license plate tags, and is insured. Mr. Gurtler also asked the Board why he could not store fire wood on his property, as stated in the order.

 

Mr. Ressue explained to Mr. Gurtler and the Board that a Special Master was appointed by a district court judge to assess the material on Mr. Gurtler’s property; therefore, all questions and concerns should be addressed to the judge assigned to that case.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF JULY 20, 2009: 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of July 20, 2009.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF AUGUST 3, 2009:   Ms. Hart reviewed the upcoming schedule with the Board.

 

4.         CONSENT AGENDA: 

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Consent Agenda, as presented, for July 28, 2009.

 

ABATEMENTS:   As proposed by the County Assessor, the following Petition for Abatement was presented for approval:  Kimberly Jordon.

 

As proposed by the County Assessor, the following Petitions for Abatement were presented for denial:  M and J Ventures, LLC; Wendy A. Nandrea; Jones Fort Collins, LLC; and Terry and Mary Van Cleave.

 

07282009A001           CONTSTRUCTION AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND LAFARGE WEST, INC.

 

07282009D001           DEED OF DEDICATION BY COLORADO YOUTH OUTDOORS CHARITABLE TRUST OF SAID PROPERTY AS A PUBLIC HIGHWAY

 

07282009R001           FINDINGS AND RESOLUTION APPROVING THE VACATION OF A RIGHT-OF-WAY ON COUNTY ROAD 80C

 

07282009R002           FINDINGS AND RESOLUTION APPROVING THE MCDONOUGH WIND FACILITY MINOR SPECIAL REVIEW

 

07282009R003           FINDINGS AND RESOLUTION APPROVING THE BURR MINOR SPECIAL REVIEW

 

07282009R004           RESOLUTION RESCINDING FINDINGS AND RESOLUTION THAT APPROVED THE AMENDED PLAT OF LOTS 10, 11, 12, 13, 14, 15, AND A PORTION OF LOT 9, BLOCK 3, AND LOT 12, BLOCK 4, LETITIA LAKE SUB AND A PORTION OF THE NE ¼ OF SECTION 27 AND VACATION OF ACCESS EASEMENT

 

07282009R005           FINDINGS AND RESOLUTION DENYING THE GLEN HAVEN LOT 27 AND 47, BLOCK 6, LEGAL LOT APPEAL

 

MISCELLANEOUS:   Authorization of Signature for Colorado Department of Labor and Employment; Community Development Block Grant Project Completion Report.

 

LIQUOR LICENSES:  The following licenses were approved and issued:  Aspen Lodge – Hotel and Restaurant with Optional Premise – Estes Park; Riversong Bed and Breakfast – Bed and Breakfast – Estes Park; Emissaries of Divine Light – Special Event 6% – Loveland; Big Thompson Canyon Volunteer Fire Department – Special Event 6% – Drake.

 

Motion carried 3-0.

 

5.         BOARD OF EQUALIZATION REFEREE RECOMMENDATION APPROVAL: 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners convene as the Board of Equalization.

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the recommendations of the Board of Equalization Referees for July 21, 22, 23, 24, and 27, 2009.

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners adjourn meeting as the Board of Equalization and reconvene as Board of County Commissioners.

 

Motion carried 3-0.

 

6.         2009 LARIMER COUNTY FAIR AND RODEO PROCLAMATION:

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners proclaim July 31, 2009, through August 5, 2009, Larimer County Fair Week.

 

Motion carried 3-0.

 

7.         APPOINTMENT TO COLORADO COUNTIES INC. LEGISLATIVE COMMITTEE:   Mr. Gluckman requested the Board appoint one of its members to the Colorado Counties Inc. (CCI) Legislative Committee to serve during to the upcoming legislative session.

 

Commissioner Johnson volunteered to serve on behalf of the Board.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the appointment of Commissioner Johnson to the Colorado Counties Inc. Legislative Committee.

 

Motion carried 3-0.

 

8.         COUNTY MANAGER WORKSESSION:  Mr. Gluckman informed the Board that the Question and Answer session with department heads, which had been planned for July 2009, has been postponed until August 2009.

 

9.         COMMISSIONER ACTIVITY REPORTS:  The Board discussed events they attended during the previous week.

 

10.       LEGAL MATTERS:  Mr. Ressue informed the Board that City Limits Liquor, holders of a license issued by Larimer County, had committed a violation resulting in the suspension of the establishment’s liquor license for a 24-hour period. The violation committed by the license holder was selling alcohol to an individual under the age of 21-years.

 

Mr. Ressue stated the owner of the establishment had agreed to serve the 24-hour suspension from 12:01 a.m. July 31, 2009, to 12:01 a.m. August 1, 2009.

 

There being no further business, the meeting adjourned at 10:00 a.m.

 

 

THURSDAY, JULY 30, 2009

 

LIQUOR LICENSE HEARING FOR MISHAWAKA INN

 

The Board of County Commissioners met at 1:30 p.m. with Linda Connors, Assistant County Attorney. Chair Rennels presided and Commissioners Donnelly and Johnson were present. Also present were: Don Johnson, Attorney representing Larimer County; Deputy James Westerfield, Sheriff’s Office; Gael Cookman, Clerk and Recorder’s Office; Candace Phippen, Planning Department; and Melissa Lohry, Deputy Clerk.

 

Mr. Johnson called Robin Jones, owner and operator of Mishawaka Inn, to testify. Mr. Jones was sworn in and questioned by Mr. Johnson in regards to violations incurred by Mishawaka Inn on July 12, 2008, and May 16, 2009, resulting from padlocks that were placed on emergency exits, rendering them inoperable.

 

Mr. Johnson also questioned Mr. Jones about his statement to Deputy Westerfield on the night of July 12, 2008, about having sold over 1,000 tickets for a concert, which would have far exceeded the occupancy limit for the establishment.

 

Mr. Jones stated that he was aware of the violations; however, he stated that he was under the impression that the occupancy limit for the facility was 900-persons, not 752-persons, as on record with the county. After further questioning by Mr. Johnson, Mr. Jones stated that he was notified by county planning staff, via letter dated January 13, 2009, of the 752-person occupancy limit.   

 

Mr. Johnson called Deputy Westerfield to testify. Deputy Westerfield was sworn in and, at the request of Mr. Johnson, provided an overview of exhibit #6, comprised of numerous photographs taken on July 11, 2009, and July 29, 2009.

 

The photographs detailed the courtyard at Mishawaka and the emergency exits that had been in violation. The photographs were then submitted to the Board and the Board formally accepted them as evidence.

 

Mr. Johnson asked Deputy Westerfield if there were any alternative exits that could have been used by patrons while the emergency exits were locked. Deputy Westerfield stated that patrons could have exited through the bar, via the Poudre River, or through an unlit, narrow corridor at the western end of the property, which is sometimes blocked by buses and other vehicles; however, he did not believe these alternative exits would be sufficient in the event of an emergency. 

 

At this time Mr. Johnson rested his case.

 

Mr. Jones called Christopher Salyer, head of the security team now employed by Mishawaka Inn, to testify. Mr. Salyer was sworn in and explained that security was hired at the beginning of the season, roughly April 2009, to monitor traffic flow so that the emergency exit gates would not need to be locked.  

 

Mr. Salyer stated that the gated exit at the west end of the property was not completely blocked by vehicles and a guard is place at the exit, with a key, in the event the gates need to be opened.

 

Mr. Jones stated that since the violation on May 16, 2009, he has posted exit signs on all of the emergency exits, which have remained unlocked, and he has illuminated those signs with flood lights. Mr. Jones stated the emergency exits have “crash bars,” which allow them to be opened only from the inside; therefore, they would not need to be locked in the future.

 

Commissioner Johnson asked Mr. Jones if the crash bars were in place when the exits were locked, as observed by Mr. Westerfield. Mr. Jones stated they were.

 

Commissioner Rennels asked Mr. Jones why the gates were locked if the crash bars were present and security guards were in place. Mr. Salyer stated that his security team was very short staffed on the night of July 12, 2009, so they were unable to have a guard posted at each of the gates. Mr. Jones added that sometimes individuals will open the doors from the inside to allow others into the courtyard, which is why the gates were locked.

 

Commissioner Johnson asked Mr. Jones why he had sold over 1,000 tickets for the concert on July 12, 2009, since he was aware that his occupancy was only 752-persons. Mr. Jones stated that he was probably over exaggerating his estimation of the number of tickets sold.

 

Chair Rennels voiced her displeasure with the fact that Mr. Jones had received two violations for the same problem. She suggested the Board move to take the matter under advisement and return with a ruling during the Administrative Matters Meeting on August 11, 2009.

 

Commissioner Donnelly agreed with Chair Rennels and added that he did believe Mr. Jones is now attempting to remedy the problems which had led to the violations.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners take the matter under advisement and return with a ruling during the Administrative Matters Meeting on August 11, 2009.

 

Motion carried 3-0.

 

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

 

 

 

 

 

 

________________________________

                                    KATHAY C. RENNELS, CHAIR

BOARD OF COUNTYCOMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

­­­______________________________________

Melissa E. Lohry, Deputy Clerk