Loveland Bike Trail
 
> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 11/12/12  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, November 12, 2012

 

County offices were closed in observance of Veteran’s Day.

 

 

TUESDAY, NOVEMBER 13, 2012

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager. Chair Gaiter Presided and Commissioners Donnelly and Johnson were present. Also present were:   Donna Hart, and Deni LaRue, Commissioners’ Office; Nancy Griffith-Conklin, Tommie Anne Benigni, and Lindsay Murr, United Way Employee Planning Team; George Hass, County Attorney;  and Gael Cookman, Deputy Clerk.

 

Chair Gaiter opened up the meeting with the Pledge of Allegiance.

 

1.    PUBLIC COMMENT:  David Gutierrez made several comments regarding Child Protective Services pertaining to his case and personal experience in dealing with this county office.  He stressed that the system needs to be reevaluated and so that others are not subjected to unfair and unjust treatment.    

 

Mel Hilgenberg again commented on his situation with the Human Services Department and his conflicts with his Medicaid being discontinued. 

 

2.      APPROVAL OF THE MINUTES FOR THE WEEK OF NOVEMBER 5, 2012: 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of November 5, 2012.

 

Motion carried 3-0.

 

3.    REVIEW OF THE SCHEDULE FOR THE WEEK OF NOVEMBER 19, 2012:   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 following documents, as listed on the consent agenda outlined below:

 

PETITIONS FOR ABATEMENT:  As recommended by the county assessor, the following Petition for Abatement is recommended for approval:  Lincoln Place, LLC.

 

11132012R001           RESOLUTION DECLARING LARIMER COUNTY PID #53 HORSESHOE VIEW ESTATES NORTH ORGANIZED  

 

11132012R002           RESOLUTION DECLARING LARIMER COUNTY PID #44 HORSESHOE VIEW ESTATES SOUTH ORGANIZED 

 

11132012R003           RESOLUTION DECLARING LARIMER COUNTY PID #52 SOLDIER CANYON ESTATES ORGANIZED 

 

11132012R004           RESOLUTION DECLARING LARIMER COUNTY PID #54 TERRY SHORES ORGANIZED 

 

11132012R005           FINDINGS AND RESOLUTION APPROVING VACATION OF PART OF COUNTY ROAD 21 F

 

11132012R006           RESOLUTION TO CONTINUE THE FUNDING OF JAIL RELATED CAPITAL PROJECTS WITH THE COUNTY WIDE JAIL SALES AND USE TAX

 

MISCELLANEOUS:  Letter request for administrative grant from the Department of Local Affairs (DOLA); Department of Human Services Payments for August & September 2012.   

 

LIQUOR LICENSES:  The following liquor licenses were approved and or issued:  Fort Collins Elks Lodge #804 – Special Events Permit 6% - Fort Collins; Red Feather Liquors – Retail Liquor Store – Red Feather Lakes; The Rock Inn – Brew Pub – Estes Park; Gail’s Liquor – Retail Liquor Store – Bellvue.

 

Motion carried 3-0.

 

5.  RESULTS OF EMPLOYEE 2012 UNITED WAY CAMPAIGN:  Ms. Griffith-Conklin introduced the planning team and then presented the results of the 2012 Employee United Way Campaign, noting that the total amount raised was $74,904.96.  She stated that this was an increase over last year’s campaign, and they achieved their goal this year of increased participation.  The Board thank everyone involved for their efforts.

 

6.   APPOINTEMNTS TO THE LARIMER COUNTY BOARDS AND COMMISSIONS:  Ms. LaRue presented the following recommendations for Boards and Commissions:

 

Agricultural Advisory Board:  Richard Seaworth reappointed for a 3-year term beginning December 1, 2012, and expiring November 30, 2015.  Zach Thode appointed for a for a 3-year term beginning December 1, 2012, and expiring November 30, 2015. 

 

Board of Appeals:  Kara Lamb appointed to fill an unexpired term beginning November 13, 2012, and expiring June 30, 2013  

 

Fair Board:  Frank Marino, Gary Marison, and Pat Young reappointed for a for a 3-year term beginning December 1, 2012, and expiring November 30, 2015. 

 

Flood Review Board:  Michael Oberlander appointed to fill an unexpired term beginning November 13, 2012, and expiring June 30, 2014.

 

GID #11 Meadowdale Hills:  Chip Sproul appointed for a 4-year term beginning December 1, 2012, and expiring November 30, 2016. 

 

GID #13A Red Feather Lakes:   Duane Ehrlich, and Ross Reid reappointed for a 4-year term beginning December 1, 2012, and expiring November 30, 2016. 

 

GID #14 Little Valley:  Bob Christopher reappointed for a 4-year term beginning December 1, 2012, and expiring November 30, 2016.  Mike Cossota appointed for a 4-year term beginning December 1, 2012, and expiring November 30, 2016. 

 

GID #16 Kitchell:  Howard Stetser reappointed for a 4-year term beginning December 1, 2012, and expiring November 30, 2016. 

 

GID #4 Carriage Hills: Mark Lorenz appointed to fill an unexpired term beginning November 13, 2012, and expiring November 30, 2014.  Robert Rising appointed for a 4-year term beginning December 1, 2012, and expiring November 30, 2016. 

 

GID #8 Namaqua Hills:  John Nuttall reappointed for a 4-year term beginning December 1, 2012, and expiring November 30, 2016. 

 

Office on Aging Advisory Council:   Sharon Courtney, and Melba Logan appointed to fill an unexpired term beginning November 13, 2012, and expiring June 30, 2013. Betty McBride appointed to fill an unexpired term beginning November 13, 2012, and expiring June 30, 2014.  Kenneth Lamport appointed to fill an unexpired term beginning November 13, 2012, and expiring June 30, 2015.

 

PID #21 Solar ridge: Rusty McDaniel reappointed for a 4-year term beginning December 1, 2012, and expiring November 30, 2016. 

 

PID #22 Saddleback:  James Hartman reappointed for a 4-year term beginning December 1, 2012, and expiring November 30, 2016. 

 

PID #23 Eagle Rock:  Robert Davis reappointed for a 4-year term beginning December 1, 2012, and expiring November 30, 2016. 

 

PID #24 Westridge:  Torsten Eckstein reappointed for a 4-year term beginning December 1, 2012, and expiring November 30, 2016. 

 

PID #26 Eagle Ranch:  Carl Huffstuttter appointed for a 4-year term beginning December 1, 2012, and expiring November 30, 2016. Peter Lederer reappointed for a 4-year term beginning December 1, 2012, and expiring November 30, 2016. 

 

PID #28 Trotwood Ranches:  Cory Phillips reappointed for a 4-year term beginning December 1, 2012, and expiring November 30, 2016. 

 

PID #31 Foothill Shadows:  Gerald (Jerry) Schneider reappointed for a 4-year term beginning December 1, 2012, and expiring November 30, 2016. 

 

PID #33 Prairie Trails:  Thomas McKenna reappointed for a 4-year term beginning December 1, 2012, and expiring November 30, 2016.  Hal Andersen appointed for a 4-year term beginning December 1, 2012, and expiring November 30, 2016.   

 

PID #34 Mountain Range Shadows:   Robert Holm, and Richard Mortenson reappointed for a for a 4-year term beginning December 1, 2012, and expiring November 30, 2016. 

 

PID #38 Centro Business Park:   Dan Eckles reappointed for a 4-year term beginning December 1, 2012, and expiring November 30, 2016. 

 

PID #39 Rainbow Lakes Estates:   Dan Swaim appointed for a 4-year term beginning December 1, 2012, and expiring November 30, 2016. 

 

PID #40 Paragon Estates:  James Wetzler reappointed for a 4-year term beginning December 1, 2012, and expiring November 30, 2016. 

 

PID #41 The Bluffs:  Gene Pakenham reappointed for a 4-year term beginning December 1, 2012, and expiring November 30, 2016. 

 

PID #43 Grayhawk Knolls:  Barton Kingham reappointed for a 4-year term beginning December 1, 2012, and expiring November 30, 2016. 

 

PID #46 Koral Heights:  Paula Burr reappointed for a 4-year term beginning December 1, 2012, and expiring November 30, 2016. 

 

Red Feather Lakes Planning Advisory Committee:   Ted Carter, Roger Clark, Shirley Pfankuch, and Lucille Schmitt reappointed for a 3-year term beginning January 1, 2013, and expiring November 30, 2015. 

 

Retirement Board:  Nancy Baker reappointed for a 4-year term beginning January 1, 2013, and expiring November 30, 2016. 

 

Rural Land Use Board:  Kara Lamb appointed for a 3-year term beginning November 13, 2012, and expiring June 30, 2015.

 

Workforce Investment Board:  Michele Christensen appointed for a 3-year term beginning November 13, 2012, and expiring June 30, 2015.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the recommendations to Boards and Commissions, as outlined above.

 

Motion carried 3-0.

 

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

 

8.   COMMISSIONER ACTIVTY REPORTS:  The Board shared their activities at events during the past week.

 

9.   LEGAL MATTERS: 

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners go into executive session for personnel matters; except the affected employee(s) may request an open meeting as outlined in 24-6-402(4)(f) C.R.S.

 

Motion carried 3-0.

 

The meeting adjourned at 10:00 a.m., with no further action taken.

 

 

WEDNESDAY, NOVEMBER 14, 2012

 

LIQUOR LICENSE HEARINGS

 

 

The Board of County Commissioners met at 10:30 a.m. with Senior County Attorney Linda Connors.  Chair Gaiter presided and Commissioners Johnson and Donnelly were present.  Also present was Gael Cookman.

 

1.   FORT COLLINS COUNTRY CLUB CHANGE OF CLASS OF LICENSE:    Ms. Connors noted that this preceding would be slightly different as the applicant has brought their own council for representation.   Ms. Connors noted for the record that this hearing had been properly noticed in the Fort Collins Coloradoan.

 

Zach Wilson introduced himself as attorney representing the Fort Collins Country Club, and also introduced Joel White club manager, and Susan Schwall, from Liquor Licensing Professionals.

 

Ms. Cookman put Mr. White under oath, and Mr. Wilson asked him a series of questions regarding his employment with the country club, specifically in his position regarding the sale of alcohol.  Mr. White stated that the has been with the Fort Collins Country Club for 18 years, serving in a management position, that he is very familiar the liquor laws of Colorado, and that they have never had a liquor violation during his tenure. 

 

Ms. Cookman put Ms. Schwall under oath, and Mr. Wilson asked her a series of questions regarding the petitioning process she used to obtain the needs and desires of the neighborhood.  Ms. Schwall noted that the results of the petitioning process revealed that 132 of those contacted were in favor of the change in class of license, 8 were opposed due mainly to traffic and road safety concerns. 

 

Under discussion, the Board asked why they wished to changed from a Club liquor license to a Hotel and Restaurant “private” liquor license.  Mr. White stated that they wish to contract a management company to run the liquor license and the Club liquor license prevents this.  He noted that everything else would remain the same and it would be a seamless transition for the members.

 

Ms. Connors noted that nobody was in the audience that wished to oppose the granting 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 (private) liquor license for the Fort Collins Country Club, located at 1920 Country Club Road, Fort Collins, Colorado.

 

Motion carried 3-0.

 

2.  RENEWAL HEARING FOR THE PLAZA HOTEL:   Ms. Connors explained that the Plaza Hotel’s liquor license is due for renewal, and the Board requested a hearing based upon the recent involvement of law enforcement and staff from the Human Services Department in response to customer complaints and other incidents.   

 

Bruce Rahmani, owner of the hotel, was put under oath by Ms. Cookman.   Mr. Rahmani gave a detailed history of his ownership of the hotel, the sale of it in 2008, and his having to “reclaim” it due to foreclosure.  Mr. Rahmani stated that the hotel was upside down financially and left in ruins when he took it back.  He stated that he is working towards changing the clientele, and wishes to open up a full service hotel again.

 

Ms. Connors then asked him a series of questions pertaining to how the bar was being operated.  Mr. Rahmani explained that they are only open Friday and Saturday evenings after 8 p.m., as the restaurant in not fully operational at this point. 

 

Ms. Connors asked Mr. Rahmani if he has ever received any citations from law enforcement for liquor violations.  Mr. Rahmani replied that he had received a violation for serving to a minor when the club was in ownership transition. 

 

Ms. Connors noted for the record that nobody was in the audience to comment on this item.

 

Under discussion, Commissioner Johnson stated that he would not support the renewal, as he felt the amount of time that the Sheriff’s Department has had to spend at the facility, in addition to the Health Department staff, leads him to believe there are health and safety issues at stake.

 

Commissioner Donnelly stated that he believes that the operations of the bar and restaurant are not contributing factors to the other problems the hotel is experiencing, and would support renewal of the liquor license in hopes that it will help Mr. Rahmani get back on his feet as a reputable hotel.  Chair Gaiter agreed.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the renewal of the Hotel and Restaurant liquor license for the Plaza Hotel, located at 3836 East Mulberry Avenue, Fort Collins, Colorado.

 

Motion carried 2-1; Commissioner Johnson dissenting.

 

The hearing adjourned at 11:30 a.m.

 

__________________________________________

   LEW GAITER III, CHAIR

BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

______________________________________

Gael M. Cookman, Deputy Clerk

Background Image: Loveland Bike Trail by Sharon Veit. All rights reserved.