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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

MONDAY, JULY 5, 2010

 

Courthouse offices were closed on Monday, July 5, 2010, in observance of the July 4th holiday.

 

 

TUESDAY, JULY 6, 2010

 

 

LIQUOR LICENSE HEARING

FOR COLORADO FEED AND GRAIN COOKHOUSE

 

 

The Board of County Commissioners met at 2:00 p.m. with Assistant County Attorney Linda Connors.  Chair Johnson presided, and Commissioners Gaiter and Donnelly were present.   Also present were:  Jon Metcalf, and Allen Clark, owners of Colorado Feed and Grain Cookhouse; and Gael Cookman, Deputy Clerk.

 

Ms. Connors explained that Colorado Feed and Grain Cookhouse LLC., doing business as Colorado Feed and Grain Cookhouse, has applied for a Hotel and Restaurant liquor license to be granted at 4333 East Mulberry Street, Fort Collins, Colorado. Ms. Connors noted that the hearing has been published in accordance with Statute and that no one was present in the audience to speak either for or against the application.  Ms. Connors then put the applicant, Jon Metcalf, under oath and asked him a serious of questions pertaining to the posting of the premises (exhibit A) and the petition of signatures (exhibit B). Mr. Metcalf explained that the notice had been posted on the premises for approximately three weeks, and that he personally circulated the petition to the surrounding neighborhoods. Mr. Metcalf stated that only one person indicated opposition to granting the liquor license, but that the person was not opposed to alcohol, he was opposed to any further growth in the area.

 

Ms. Connors asked if Mr. Metcalf was familiar with the liquor license laws of Colorado. Mr. Metcalf explained that he had previously held a liquor license in the Town of Timnath for six years, and that he was very familiar with the state liquor laws. He noted that they will require ID’s from all patrons, that he plans to hire only experienced wait staff and bartenders, and that he will utilize the TIPS training program, if necessary, to ensure that patrons are not over-served while at his establishment. 

 

The Board had some questions about Mr. Metcalf’s previous establishment, and questioned some of the activities that took place there. Mr. Metcalf stated that he has learned from past events and is interested in creating a “family friendly” environment, with the focus on food, not alcohol. 

 

Ms. Connors again noted for the record that there was no one in attendance for public comment regarding the issuance of this license.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the application for a Hotel and Restaurant license for Colorado Feed and Grain LLC, doing business as Colorado Feed and Grain Cookhouse, located at 4333 East Mulberry Street, Fort Collins, Colorado; with the understanding that a Certificate of Occupancy and re-inspection by the Poudre Fire Authority will need to be completed prior to the license being issued.

 

Motion carried 3-0.

 

The Board recessed at 2:30 p.m.

 

 

LAND USE HEARING

 

The Board of County Commissioners reconvened at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Johnson presided and Commissioners Donnelly and Gaiter were present.  Also present were:  Sean Wheeler, and Toby Stauffer, Planning Department; Jeff Goodell, Engineering Department;  George Hass, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

Chair Johnson opened the meeting with the Pledge of Allegiance and asked for public comment on the Land Use Code and County Budget. No one from the audience addressed the Board regarding these topics.

 

Mr. Lafferty noted that file #10-Z1804, regarding the Lower Poudre Canyon Expansion of a Nonconforming Structure, was being withdrawn from the agenda, and will be rescheduled at a later date.

 

Chair Johnson explained that the following item was on consent and would not be discussed unless requested by the Board, staff, or members of the audience:

 

 

1.         HORSETOOTH LAKES ESTATES LOTS 103, 104, AND 106 LOT CONSOLIDATION, FILE #10-S2966:  This is a request for approval to consolidate Lots 103, 104 and 106 in the Horsetooth Lake Estates into a single lot.  Consolidation of the lots will enable him to construct a garage addition that otherwise would have crossed a property line.  The site is located on the north side of Harbor View Lane west of Horsetooth Reservoir.   There is an existing single-family residential use on the property at this time, which is served by public water and on a septic system. The site is in the O-Open zone district which has a minimum lot size of 10 acres.  However all three lots are in a platted subdivision, and consolidation of the three into a single lot will increase the lot to 1.07 acres in size.

 

Staff from the County Planning and Engineering Departments, and the Department of Health and Environment reviewed the request; none of which expressed objections to approval of the request.  Planning Staff also provide information about the request to other referral agencies such as the Fire Department, Utilities, etc. None of these reviewing agencies objected to approval of the Amended Plat.

 

Summary and conclusions:

 

A.  Approval of the lot consolidation will not create any additional lots.  Consolidation of the lots will also decrease, not increase, the non-conforming lot size.

 

B.  The lot consolidation will not create a nonconforming setback for any buildings, nor will it adversely affect access, drainage or utility easements or rights-of-way serving the property or other properties in the area.

 

C.   Any covenants, deed restrictions or other conditions of approval that apply to the original lots will continue to apply to the resultant lot.

 

The Development Services team recommends approval of the Horsetooth Lake Estates Lot Consolidation of Lots 103, 104, and 106 as described in File #10-S2966.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the consent agenda, as outlined above. 

 

Motion carried 3-0.

 

The hearing adjourned at 3:05 p.m.

 

WEDNESDAY, JULY 7, 2010       

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 1:30 p.m. with Frank Lancaster, County Manager. Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were:  Steve Miller, Assessor; Jim Alderden, Sheriff; Sherrie Swisher, Clerk and Recorder’s Office; Donna Hart, Bob Keister, Gary Darling, Deni LaRue, and Diane Tokarz, Commissioners’ Office; Michael Kirk, Facilities and Information Technology Department; Pam Stultz and Lorenda Volker, Human Resources Department; Matt Lafferty, Planning Department; George Haas and William Ressue, County Attorney’s Office; and Melissa Lohry, Deputy Clerk.

 

1.         PUBLIC COMMENT:  Ken Ecton, resident of Bingham Hill, requested the Board issue a cease and desist order and schedule a show cause hearing for the applicants of the Pope Special Review, approved by the Board of County Commissioners on May 10, 2010. Mr. Ecton presented evidence to illustrate the applicants committing violations of the conditions of approval set forth at the time of special review approval. Mr. Ecton stated that if the applicants cannot abide by the conditions of approval, set forth by the Board to protect citizens, the approval should be revoked.

 

Chair Johnson thanked Mr. Ecton and informed him that the Board would turn over all of the evidence submitted to the Planning Department’s Code Compliance Office for review.

 

Rhea Sullivan, resident of Bingham Hill, addressed the Board to attest to the violations presented by Mr. Ecton.

 

Chair Johnson thanked Ms. Sullivan and assured her that the Code Compliance Office would research the violations.   

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF JUNE 28, 2010:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of June 28, 2010.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF JULY 12, 2010:   Ms. Hart reviewed the schedule for the coming week.

 

4.         CONSENT AGENDA:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda as outlined below:

 

ABATEMENTS:   As recommended by the County Assessor, the following abatements were presented for approval:  Northend Storage LLC (2009 tax year); and Joshua Tree LLLP.  As recommended by the County Assessor, the following abatements were presented for denial:  John R. Hawks; Terrance A. Parker & Lisa O. Parker; Roland L. Loper & Rosemary Loper; and Billy F. Brey.

 

07072010A001           DEPARTMENT OF PUBLIC WORKS CONTRACT AGREEMENT (CITY OF LOVELAND PROJECT #ENSR10-CS) BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, STATE OF COLORADO, AND A-1 CHIPSEAL COMPANY OF DENVER, COLORADO

 

07072010R001           AMENDED FINDINGS AND RESOLUTION APPROVING THE JIF REZONING

 

07072010R002           RESOLUTION IMPOSING A TEMPORARY MORATORIUM ON APPLICATIONS FOR BUSINESSES THAT CULTIVATE, PROCESS, OR DISPENSE MEDICAL MARIJUANA

 

07072010R003           RESOLUTION ESTABLISHING COMPENSATION FOR A LARIMER COUNTY APPOINTED OFFICIAL

 

LIQUOR LICENSES:           The following licenses were approved and issued:  Red Feather Roadhouse LLC – Transfer of Ownership with Temporary Permit – Red Feather Lakes; and Colorado State University Ag. Day – Special Event 3.2% – Fort Collins.

 

Motion carried 3-0.

 

5.         DISCUSSION OF POLICY ON BIDDING OUT OF EMPLOYEE HEALTH INSURANCE:   At the request of Commissioner Donnelly, Ms. Volker, Ms. Stutz, Jana Knox, and Drew Peterson, representatives from the Hays Companies, addressed the Board to discuss the county’s policy of bidding out of employee health insurance. Ms. Volker explained that the county typically bids out its health insurance every three to five years, with the most recent bidding taking place last year.

 

Mr. Peterson cautioned the Board against bidding out health insurance more frequently than every five years. He explained that putting the county’s insurance out to bid too frequently could result in fewer bids or higher bids due to longevity concerns on behalf of insurance vendors.

 

Much discussion ensued regarding vendor discounts, third party administrators, and net cost of vendors and facilities.

 

Commissioner Donnelly stated that he was in favor of putting the insurance out to bid again next year due to the state of the economy and the county’s efforts to cut costs wherever possible.

 

Chair Johnson agreed with Commissioner Donnelly and stated that he did not think that opening a call for bids would cause any harm; however, he would like to revisit the idea at the end of the this year.

 

Ms. Volker stated that the county would not be able to put out a call for bids until next March or April. Therefore, the Board would need to make a decision by December or January if they wish to entertain the bidding process again.

 

Commissioner Gaiter stated that he would entertain bids again but did not want to make a habit of calling for bids too often.

 

The Board agreed to revisit the topic in December 2010 or January 2011.

 

6.         DISCUSSION OF PROPOSED HIRING FREEZE:   At the request of Commissioner Donnelly, Mr. Lancaster presented a hiring freeze policy for the consideration of Board. Mr. Lancaster explained the proposed policy would allow exceptions for positions deemed critical to county operations; however, all other proposed hiring would need to be approved by the Human Resources Director and the County Manager. Lastly, Mr. Lancaster clarified that at this time, the policy is presented only for direction from the Board, if desired, adoption would occur at a later date.

 

Sheriff Alderden and Assessor, Steve Miller, addressed the Board in favor of the proposed policy with an exception for elected officials to manage hiring within their departments.

 

Chair Johnson stated that if the county has been under a voluntary hiring freeze for the last year, a policy may only cause extra work for the County Manager and Human Resources Department; however, he was in favor of considering the proposed policy and putting it forth for employee comment.

 

Commissioner Donnelly stated that he was in favor of the hiring freeze policy.

 

Commissioner Gaiter was in favor of presented the policy for employee comment with an exception to allow elected officials the power to manage their departments as they deem necessary.

 

7.         FUNDING TO BUILD A NEW ALTERNATIVE SENTENCING BUILDING AND REMODEL THE CURRENT LOCATION:  Mr. Darling addressed the Board to request approval to spend $12,577,505 to build a new Alternative Sentencing building and remodel the current space. Mr. Darling explained that $9,577,705 would be obtained from the Larimer County General Fund Reserves and $3,000,000 would be obtained from the Criminal Justice Reserve.

 

Mr. Keister explained that the money from both funds has been saved and budgeted specifically for request of this nature and the project would provide a better return on investment for the county than keeping the money in reserve funds.

 

Commissioner Donnelly stated that he was in favor of the proposal and clarified that the remodeling would transform the current alternative sentencing space into a “re-entry facility.” Furthermore, the re-entry facility would not be populated or staffed immediately; however, the county has found it to be more fiscally responsible to complete all construction now due to current economic conditions which have resulted in lower costs.

 

Commissioner Gaiter supported the proposal stating that improving public safety was a responsible use of tax money.

 

Chair Johnson stated that he supported the project and noted that the construction would not create any new debt for the county.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the spending of $12,577, 505; $10,077,505 to construct a new Alternative Sentencing building and $2,500,000, to remodel the existing building to be used as a low risk jail area and re-entry unit, as quickly as reasonable. Furthermore, Commissioner Gaiter moved that the Board of County Commissioners approve the $12,577,505 to be comprised of $9,577,505 from the Larimer County General Reserve Funds and $3,000,000 from the Criminal Justice Reserve Fund.

 

Motion carried 3-0.

 

8.         COLORADO STATE FOREST SERVICE FIRE BILLING:   Mr. Lancaster requested direction from the Board regarding outstanding bills from the Colorado State Forest Service for costs incurred during the resolution of several wildfires. Mr. Lancaster explained that the Colorado State Forest Service has imposed a 23% overhead charge on all services/supplies provided, which the county has deemed excessive. This extreme overhead has been addressed and the forest service has agreed to charge 13% overhead on all future expenses incurred by the county. However, the county has not paid any overhead fees up to current, resulting in an outstanding balance of $29,737.23 due to the forest service.

 

Chair Johnson stated that he felt a 23% overhead was excessive and directed staff to pay 13% overhead for all supplies and services provided by the forest service.

 

Commissioners Donnelly and Gaiter agreed.

 

9.         BOARDS AND COMMISSIONS APPOINTMENTS:   Ms. Tokarz presented the following appointments/reappointments to the Larimer Integrated Family Enhancement Board:  Tim Caffrey and Joel Scimeca, appointed to a three year term beginning July 07, 1020, and expiring June 30, 2013; Jack Culotta, re appointed to a three year term beginning July 07, 1020, and expiring June 30, 2013.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the appointments and reappointments to the Larimer Integrated Family Enhancement Board, as listed above.

 

Motion carried 3-0.

 

10.       COUNTY MANAGER WORKSESSION:  Mr. Lancaster did not have any items to discuss at this time.

 

11.       COMMISSIONER ACTIVITY REPORTS:  The Board reviewed their attendance at events during the last week.

 

12.       LEGAL MATTERS:  Mr. Haas requested the Board go into executive session to discuss specific legal questions related to the pending case of Russell v. Alderden, as outlined in 24-6-402(4)(b) C.R.S., with a decision to follow.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners go into executive session to receive legal advice on a specific legal question, pursuant to 24-6-402(4)(b) C.R.S.

 

Motion carried 3-0.

 

The Board emerged from executive session regarding the pending case of Russell v. Alderden.  Mr. Haas explained that the county has reached a settlement in the case of Debra Russell v. Sheriff Alderden, subject to approval from the Board, regarding the claim of wrongful termination. The tentative settlement is for the sum of $200,000 in exchange for full release of all claims against Sheriff Alderden, individually and officially; all officers, agents, and employees of the Larimer County Sheriff’s Office; and all officers, agents, and employees of Larimer County; by the plaintiff. Agreement to the settlement would result in no admission of guilt or liability on behalf of the county.

 

Commissioner Gaiter stated that he supported the proposed settlement due to the possibility of increased liability, exposure, fee shifting and overall fees if the case were to go to trial. Commissioners Gaiter stated that he did not find any racist policies or procedures in the Sheriff’s Office, nor did he believe Sheriff Alderden to support or allow any tolerance towards racism within his office.

 

Chair Johnson stated that while he supported Commissioner Gaiter’s attempt to decrease the amount of liability and damages against the county, he would not support the settlement because he did not believe Sheriff Alderden was guilty of any wrongdoing. He commended Sheriff Alderden for enforcing fair and just policies and reiterated Commissioner Gaiter’s findings of zero tolerance towards racism. Furthermore, Chair Johnson stated that awarding the plaintiff would only support spurious claims against the county.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve a settlement is for the sum of $200,000 in exchange for full release of all claims against Sheriff Alderden, individually and officially; all officers, agents, and employees of the Larimer County Sheriff’s Office; and all officers, agents, and employees of Larimer County; by the plaintiff. Agreement to the settlement would result in no admission of guilt or liability on behalf of the county.

 

Motion carried 2-1, Chair Johnson dissenting.

 

There being no further business, the Board adjourned at 4:00 p.m.

 

 

 

 

__________________________________________

                        STEVE JOHNSON, CHAIR

BOARD OF COMMISSIONERS

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

­­______________________________________

Gael M. Cookman, Deputy Clerk

 

______________________________________

Melissa E. Lohry, Deputy Clerk

 

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