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> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 06/01/09  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, June 1, 2009

 

 

LAND USE HEARING

 

 

The Board of County Commissioners met at 3:00 p.m. with Russ Legg, Chief Planner. Chair Rennels presided and Commissioners Donnelly and Johnson were present. Also present were: Samantha Mott, Toby Stauffer, Larry Timm, Sean Wheeler, Planning Department; Traci Shambo, Engineering; Doug Ryan, Environmental Health Department; Jeannine Haag, Assistant County Attorney; and Melissa Lohry, Deputy Clerk.

 

Ms. Shambo introduced the Engineering Department’s summer interns to the Board and explained the crucial work they will conduct within the county during the summer months.

 

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

 

Chair Rennels explained that the following items are on the consent agenda and would not be discussed unless requested by the Board, staff, or members of the audience:

 

1.         BERTHOUD DALE LOTS 1-2, AND B6 AMENDED PLAT, FILE #09-S2874:   This is a request to amend the Berthoud Dale Subdivision to combine Lots 1, 2, 3, and 4, Block 5 and a portion of Lots 1 and 2, Block 6, into two lots. The proposed amendment will not adversely affect any neighboring properties or county agency, nor will the amended plat result in any additional lots. Staff finds that with the conditions listed below, the request meets the requirements of the Larimer County Land Use Code.

 

Staff recommends approval of the Amended Plat of Lots 1-4, Block 5, and Lots 1 and 2, Block 6 of Berthoud Dale Subdivision, file #09-S2874, subject to the following conditions (and authorization for the chairperson to sign the plat when the conditions are met and the plat is presented for signature):

 

1.    The final plat shall be recorded by December 1, 2009, or this approval shall be null and void.

 

2.    Prior to the recordation of the final plat, the applicant shall make the technical corrections requested by the Land Surveyor of the Larimer County Engineering Department.

 

3.    Prior to the recordation of the final plat, the applicant shall make the technical corrections requested by the Larimer County Assessor’s Office.

 

4.    Prior to the recordation of the final plat, the applicant or surveyor shall add a note indicating that the resultant lots will be subject to the same restrictions, covenants, and regulations as set forth in the plat of record for the Berthoud Dale Subdivision.

 

5.         Upon approval of the request, the applicant should work with the Rural Addressing Coordinator to obtain addresses for the new parcels.

 

2.         PLEASANT ACRES 2ND FILING LOTS 5 & 6, BLOCK 3 AMENDED PLAT, FILE #09-S2878:   This is a request to amend the Pleasant Ares Subdivision Replat to formalize a lot created by deed. The Pleasant Acres Replat shifted platted lot lines into new lots, which were recorded by deed only. No formal plat of the amended lot lines was ever recorded.

 

The proposed plat amendment to the Pleasant Acres Replat, to formalize the lot lines of one lot, a portion of Lots 5 & 6, a lot created by deed, will not adversely affect any neighboring properties or county agency. The amended plat will not result in any additional lots. Staff finds that with the conditions listed below, the request meets the requirements of the Larimer County Land Use Code.

 

The Development Services Team recommends approval of the Amended Plat of a portion of Lots 5 & 6, Block 3 of the Replat of a portion of Pleasant Acres Subdivision, file #09-S2878, subject to the following conditions (and authorization for the chairperson to sign the plat when the conditions are met and the plat is presented for signature):

 

1.         The final plat shall be recorded by December 1, 2009, or this approval shall be null and void.

 

2.         Prior to the recordation of the final plat, the applicant shall make the technical corrections requested by the Land Surveyor of the Larimer County Engineering Department.

 

3.         GLACIER VIEW MEADOWS 8TH FILING LOT 77 EASEMENT VACATION, FILE #09-S2875:   This is a request to vacate a portion of the 20-foot utility easement adjacent to the road easement for Crestone Way along the front of Lot 77 in Glacier View Meadows.

 

The proposed easement vacation will not adversely affect any neighboring properties or any county agency. Staff has found that the utility easement vacation request meet the requirements of the Larimer County Land Use Code; therefore, staff recommends approval of the Glacier View Meadows 8th Filing PUD Lot 77 Easement Vacation, file #09-S2875.

 

4.         LOVELAND READY MIX MINOR LAND DIVISION, FILE #09-S2872:   This is a request for a Minor Land Division (MLD) to separate an existing residential use from a larger parcel. The zoning for the site is FA-Farming and no change in zoning is requested. The existing residence has approved services for water and a septic system.  The utility companies contacted by the applicant did not object but requested the existing facilities and easements be shown on the final plat.

 

The application materials indicate the larger parcel will be added to adjacent land currently owned by Loveland Ready Mix, an approved commercial sand and gravel pit at this location received special. This pit review approval from the county in 2007. The larger parcel being created with this application is outside of the approved permit boundary for the Bokelman-Walters Pit. Thus, any expansion of the quarry operation into the larger parcel will require an amendment to the Special Review approval. As part of that review, staff would consider additional factors such as traffic impacts. Because the traffic for the existing residence exists, this accounts for the representation that no new traffic will be generated by this approval.

 

Larimer County staff members have reviewed the MLD request with regard to their specific areas of expertise.  As noted, the larger parcel was not included in the approved mining plan for the Bokelman-Walters Pit. Use of this area for gravel pit operations is not anticipated, as the area is primarily occupied by the Big Thompson River and its associated riparian habitat.  If the applicant did desire to expand the gravel pit operations, an amendment to the Special Review approval would be required. At that time impacts to the river, the riparian habitat and other issues such as traffic impacts would be assessed. Finally, the Engineering Department has noted that an additional right-of-way must be added to the final MLD plat in compliance with the Larimer County Transportation Plan. 

 

The Loveland Fire Prevention Bureau noted that the MLD plat does not address access to Lot 2. Lot 2, as proposed, is surrounded by property already owned by the applicant and through which they have access to it from the Bokelman-Walters Sand and Gravel Pit. In addition, under Section 5.4.2 (Applicability) Subsection B, the code states that the MLD process may be used to create a vacant parcel, with a condition that development of the vacant parcel must be approved through the appropriate subdivision, conservation development or planned development process. Lot 2, therefore, will not be buildable if the request is approved. Access for emergency vehicles is available. For these reasons and because the applicant owns the surrounding properties, staff does not concur with the Fire Bureau assessment.

 

Staff recommends approval of the Loveland Ready Mix Minor Land Division, file #09-S2872, subject to the following conditions (and authorization for the chairperson to sign the plat when the conditions are met and the plat is presented for signature):

 

1.    All conditions of approval shall be met and the final plat recorded by December 1, 2009, or this approval shall be null and void.

 

2.         The final plat will show the additional 10-feet of right-of-way as required by the Larimer County Engineer. Prior to the recordation of the final plat, the applicant shall also make the technical corrections required by Dale Greer, Land Surveyor of the Larimer County Engineering Department.

 

3.         Lot 2 shall be labeled as non-buildable on the final plat.  Any future development of Lot 2 must be approved through the appropriate subdivision process. The use of Lot 2 for the adjacent Bokelman-Walters Sand and Gravel Pit Special Review will require an amendment to the Bokelman-Walters Special Review, as described in Larimer County, file #05-Z1536.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda for June 1, 2009, as published.

 

Motion carried 3-0.

 

5.         AMENDMENTS TO THE LARIMER COUNTY ANIMAL CONTROL ORDINANCE 1ST READING:   This is the first reading of the amendments to Chapter 6 of the Code of Larimer County, Animals (the Animal Control Ordinance). The main purpose of animal ordinances is to keep people and animals cohabitating safely and to promote the humane treatment of animals.

 

Ms. Haag read the proposed changes to the ordinance, which are as follows:

Sec. 6-1.  Definitions.

 

Pet animal  Means dogs, cats, rabbits, guinea pigs, hamsters, mice, ferrets, birds, fish, reptiles, amphibians and invertebrates, or any other species of wild or domestic or hybrid animal, except livestock, sold, transferred, or retained for the purposes of being kept as a household pet.  Pet animal includes dogs and cats kept for working purposes on a farm or ranch.


            ARTICLE IV.  CONTROL OF ANIMALS


Sec. 6-77.  Disturbance of the peace and quiet prohibited.

 

Each owner or keeper of a pet animal in the county shall not permit such pet animal to disturb the peace and quiet of any person by barking, whining, howling, yowling or making any other noise in an excessive, on-going or untimely fashion. If any pet animal does so disturb the peace and quiet, its owner or keeper may be prosecuted as provided in the Larimer County noise ordinance provided that such owner or keeper shall not be so charged unless they or a member of their household over the age of 18 years has received a written warning from an animal control officer of a previous complaint at least once within the preceding 12 months. This section shall not apply to dogs located in a pet animal facility, as defined in the Larimer County Land Use Code, which by special review or minor special review by the Larimer County Board of County Commissioners so long as the pet animal facility is operated in accordance with the conditions of the special review or minor special review approval.

 

(Res. No. 111220020001, § IV(B), 10-10-2002)

Sec. 6-80.  Improper care or treatment prohibited:

(a) No owner or keeper of a pet animal shall fail to provide that pet animal with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care, when necessary, and such other care as is customary and necessary for the pet animal's health and well-being, considering the species, breed and type of animal.

(b) No person shall beat, cruelly ill-treat, including but not limited to, tormenting, overloading, overworking, chaining/tethering, or otherwise abuse or needlessly kill a pet animal or cause, instigate or permit any dogfight, cockfight, bullfight or other combat between pet animals or between pet animals and humans, nor shall any person transport or confine a pet animal in or upon any vehicle in such a manner as to endanger the animal's health or life.

(c) No owner or keeper of a pet animal shall abandon such pet animal.

 

(Res. No. 111220020001, § IV(E), 10-10-2002)


 Sec. 6-84.  Neighborhood request for stricter controls.

(a) Upon receipt of a written request setting forth the legal description of a proposed "stricter animal control area" signed by a majority of persons who certify that they own real property or reside within the boundaries of the proposed "stricter animal control area", which proposed "stricter animal control area" has an average population density of not less than 100 persons per square mile, the board of county commissioners may designate, in its discretion, a stricter animal control area in which:

(1)      The definition of "at large" will be modified to provide that a dog must be physically controlled by a human being by means of a leash or lead held by a human being or must be confined by means of a fence or other enclosure which restrains the animal to the owner's or keeper's real property or other real property that the owner or keeper has permission to use; and/or

 

(2)      Such other restrictions as may be requested.

(3)        Fences which are intended as enclosures for any animal shall be securely constructed, adequate for the purpose and kept in good repair.

(b)      A "stricter animal control area" may be designated by the board of county commissioners by amendment to this chapter following the procedures for adoption set forth in Part 4 of Article 15 of Title 30, Colorado Revised Statutes.

 

There was no action taken on this item by the Board. Publishing of the proposed changes will occur and the 2nd reading will take place on June 22, 2009.

 

6.         WARD RECYCLED PRODUCTS REZONING, FILE #06-Z1623:   This is a request for approval to rezone a site from FA to I-Industrial and to operate a facility to recycle asphalt and concrete.

 

More specifically, the applicant seeks approval to rezone a site within the City of Loveland Growth Management Area (GMA) from FA-Farming to a Planned Development (PD) to allow for Industrial uses. The subject property is located north of State Highway 402 on County Road 11H (Boise Avenue). It is adjacent to the city limits and thus eligible for annexation into Loveland. The applicant currently operates an asphalt and concrete recycling facility at this location. This use is the subject of an active code compliance violation, as the applicant has not received approval from Larimer County to operate the asphalt and concrete recycling facility. In addition, the project materials and verbal representations from the applicant indicate the City of Loveland Public Works Department contracted with him to operate an impact crusher at this site.  The recycled material was used in city road work projects. Finally, the applicant is not seeking approval for any additional Planned Land Division (PLD) if the Board of County Commissioners approves the rezoning.

 

Staff recommends denial of the request to rezone the subject property to a Planned Development for industrial uses. This recommendation is based on a requirement in the Intergovernmental Agreement between Larimer County and Loveland that states a proposed PD must be reflected in the City of Loveland’s Comprehensive Plan. The area of the site is designated for medium density residential uses in the City’s Plan, and not industrial uses. In addition, the request has not met any of the Review Criteria for a rezoning.

 

Chair Rennels opened the hearing for public comment and Richard Ward, applicant, addressed the Board. Mr. Ward stated that the recommendation for denial from the Planning Department was due to Larimer County’s Intergovernmental Agreement (IGA) with the City of Loveland. However, Mr. Ward did call the Board’s attention to an email written by Gregory George, Development Service Director, City of Loveland, in which Mr. George expressed his plans to present the property to the Planning Commission and City Council for consideration as an amendment to the Comprehensive Plan Future Land Use Map. Mr. George stated this process would take approximately three to four months.

 

Mr. Ward also stated that he has constructed berms to reduce noise from the crushing operations and has air quality permits issued by the State of Colorado for all of his machinery. Therefore, he does not feel noise or air quality pollution would be a problem.

 

Phil Mckee, adjacent property owner, addressed the board and stated that while he supported Mr. Ward’s business venture, he was concerned about the impact of noise and increased traffic on their property values.

 

Ralph Ollilia, adjacent property owner, addressed the board in support of Mr. Ward’s business and stated that he had not experienced any problems with either noise or dust.

 

Mr. Ward stated that he is willing to do whatever is necessary to address the concerns raised by Mr. McKee.

 

Chair Rennels closed public comment.

 

After some discussion between the Board and staff, it was decided that the application should be tabled to allow the City of Loveland adequate time to consider adding the property to the Comprehensive Plan Future Land Use Map. Also, by tabling the application, Mr. Ward would not incur any expenses that may prove unnecessary. The Board voiced concern about possible expansion of the operation. So to prevent expansion, the Board crafted the following conditions:

 

1.         Traffic to the site cannot exceed ten “trip-ins” per day.

2.         No further crushing may occur at the site.

3.         No new gravel or asphalt materials may be hauled to the site.

4.         Traffic to the site must travel along the current haul-route and access the property.            

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners table the Ward Recycled Products Rezoning, file #06-Z1623, until October 19, 2009, at 6:30 p.m., while allowing the applicant to continue current operations in accordance with the conditions outlined above.

 

Motion carried 3-0.

 

There being no further business, the hearing adjourned at 3:45 p.m.

 

 

TUESDAY, JUNE 2, 2009

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:30 a.m. with Frank Lancaster, County Manager. Chair Pro-Tem Johnson presided and Commissioner Donnelly was present. Also present were:  Neil Gluckman, Assistant County Manager; Richard Guest and Kathy Snell, Department of Health and Human Services; Jill Bennett, Karlin Goggin, Chad Gray, and Larry Timm, Planning Department; George Haas, County Attorney; and Melissa Lohry, Deputy Clerk.

 

1.         PUBLIC COMMENT:  There was no public comment today.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEKS OF MAY 18, 2009, & MAY 25, 2009: 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the weeks of May 18, 2009, and May 25, 2009.

 

Motion carried 2-0.

 

3.         REVIEW OF SCHEDULE FOR THE WEEKS OF JUNE 8, 2009, & JUNE 15, 2009:   Ms. Hart reviewed the upcoming schedule with the Board.

 

4.         CONSENT AGENDA: Commissioner Johnson requested the “Sabbatical Request for Dena Jardine,” be removed from the agenda until the Board has the opportunity to further review the request.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for June 2, 2009, with the exception of the item titled, “Sabbatical Request for Dena Jardine.”

 

PETITIONS FOR ABATEMENT:   As proposed by the County Assessor, the following Petitions for Abatement are presented for approval: Simpson, C. Kelly.

 

06022009A001           PUBLIC SERVICE COMPANY OF COLORADO AMENDMENT TO EXISTING GAS LINE EASEMENT

 

06022009A002           PUBLIC SERVICES COMPANY OF COLORADO EASEMENT – NEW LINE

 

06022009A003           AGREEMENT FOR ROAD EASEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, JASON D. HANSON AND NICOLE R. HANSON

 

06022009A004           EXPENDITURE AUTHORIZATION – RECOVERY ACT FUNDS BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT, AND THE LARIMER COUNTY WORKFORCE CENTER

 

06022009A005           CONTRACT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO DEPARTMENT OF PUBLIC SAFETY FOR THE USE AND BENEFIT OF THE DIVISION OF CRIMINAL JUSTICE

 

06022009A006           EMERGENCY SERVICES GRANT AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO ACTING BY AND THROUGH THE COLORADO DEPARTMENT OF LOCAL AFFAIRS FOR THE BENEFIT OF THE COLORADO DIVISION OF HOUSING

 

06022009R001           FINDINGS AND RESOLUTION APPROVING THE BACON QUARRY SPECIAL REVIEW AMENDED CONDITIONS OF APPROVAL AND DENYING THE FEE APPEAL

 

06022009R002           FINDINGS AND RESOLUTION DENYING THE COYOTE HOLLER WAY ROAD NAME APPEAL

 

06022009R003           LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 168A AND 169 OF CRYSTAL LAKES SUBDIVISION 12TH FILING AND UTILITY EASEMENT VACATION

 

06022009R004           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF BUILDING ENVELOPES E, H, AND J OF THE FOX ACRES 2ND FILING

 

06022009R005           RESOLUTION APPROVING CONTRACT FOR CONSTRUCTION OF TRAFFIC SIGNALS AND REALIGNMENT AT STATE HIGHWAY 14 / EAST I-25 FRONTAGE ROAD AND STATE HIGHWAY 14 / CAMINO DEL MUNDO (PROJECT NO. STA 0142-50, (16762))

 

06022009R006           FINDINGS AND RESOLUTION APPROVING THE PLUM TUCKERED INN MINOR SPECIAL REVIEW

 

06022009R007           FINDINGS AND RESOLUTION DENYING THE COX APPEAL

 

06022009R008           FINDINS AND RESOLUTION APPROVING THE VACATION OF A UTILITY AND DRAINAGE EASEMENT IN AQUAVIEW SUBDIVISION LOT 22, BLOCK 5

 

06022009R009           RESOLUTION RELEASING LOT SALE PROHIBITION ON LOTS 2 AND 3, AND RESIDUAL LOTS A, B, AND C OF THE FOX GLADE RLUP 07-S2740 (FORMERLY KNOW AS MCCHESNEY RLUP)

 

LIQUOR LICENSES:   The following licenses were approved and/or issued: Westlake Liquor – Retail Liquor Store – Red Feather Lakes; Fox Acres Country Club Hotel and Restaurant with Optional Premise – Red Feather Lakes; Sodexo Management – Special Event 3.2% – Fort Collins; Boys and Girls Clubs of Larimer County – Special Event 6% – Fort Collins; The Restaurant – Beer and Wine – Red Feather Lakes; Northern Colorado Potters Guild – Special Event 6% – Fort Collins; Villa Tatra – Beer and Wine Lyons.

 

Motion carried 2-0.

 

5.         GREELEY INDEPENDENCE STAMPEDE PROCLAMATION:  Trudy Sargent, A member of the Stampede’s Board of Directors, addressed the Board and read a proclamation designating Monday June 29, 2009, Larimer County day at the Stampede.

 

6.         CODE COMPLIANCE FOLLOW-UP:   Mr. Gray appeared before the Board to address two code compliance issues that had been presented during a previous meeting. The first code compliance problem presented by Ms. Flemming was in regards to a lawn mowing business operated by one of her neighbors. Mr. Gray stated he met with the neighbor who is now compliant with all of the counties ordinances.

 

The second compliance problem reported by Ms. Flemming was in regards to a vehicle repair business believed to be operating out of a residence. Mr. Gray stated he met with the owner of the residence and was satisfied that no repair work was being conducted at the residence.

 

Mr. Gray assured the Board that both issues had been remedied to his satisfaction as well as Ms. Flemming’s satisfaction.

 

7.         COMMUNITY SERVICES BLOCK GRANT STIMULUS APPLICATION:   Ms. Snell addressed the Board and presented the conceptual plan for the $497,408 of federal stimulus monies to be received by the county. The money must be used within the next 15 months to assist county residents with self sufficiency. The $497,408 will be distributed to the following entities in the amounts listed:

 

A.        United Way– $210,000

B.        Crossroads Ministry – $46,810

C.        The Family Center – $25,000

D.        Base Camp – $25,000

E.         Education & Life Training Center – $25,000

F.         House of Neighborly Services – $60,000

G.        Project Self-Sufficiency – $45,000    

H.        Senior Tax Work Off – $10,000

 

Ms. Snell requested the Board’s blessing of the conceptual plan and permission for Commissioner Donnelly to sign the finalized version of the plan before it is submitted to the state on Friday, June 5, 2009.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Community Services Block Grant Stimulus Application and grant permission for Commissioner Donnelly to sign on behalf of the Board before the finalized version is submitted.

 

Motion carried 2-0.

 

8.         LAPORTE AREA PLANNING ADVISORY COMMITTEE (LAPAC) PROPOSAL TO RENAME WEST COUNTY ROAD 54G TO LAPORTE MAIN STREET:   Mr. Timm, Ms. Bennett, and Ms. Goggin addressed the Board to present a request on behalf of LAPAC to schedule a public hearing with the Board to rename West County Road 54G to Laporte Main Street. Ms. Goggin emphasized that this was not part of the county’s road naming project.

 

The request was first presented by a Laporte resident to LAPAC who then polled the residents of County Road 54G to determine their sentiment towards the issue. LAPAC did not receive a favorable outcome from this poll. Therefore, LAPAC is requesting the Board hold a hearing to allow the entire town of Laporte to voice their approval or disapproval to the Board who would then vote to approve or deny the renaming request.

 

Chair Pro-Tem Johnson stated that he was not supportive of the Board holding a hearing on this topic as the majority of the residents of County Road 54G were not in favor of changing the name. Commissioner Donnelly agreed and stated that if LAPAC could demonstrate support from the residents of the road, they could reappear before the Board at a later date and request a hearing.

 

M O T I O N

 

Commissioner Donnelly moved the Board of County Commissioners inform LAPAC that since a majority of the property owners along County Road 54G are not in favor of a road name change, the Board does not wish to consider a road name change.

 

Motion carried 2-0.

 

9.         WAIVER OF IMPACT REPORT FOR ANNEXATION IN TIMNATH:   Mr. Lancaster informed the Board that the Planning Department, Engineering Department, and the Department of Public Works support the waiver.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve waiving the requirement for an annexation impact report from the Town of Timnath for the annexation north of County Road 40, west of County Road 1, totaling approximately 850-acres.

 

Motion carried 2-0.

 

10.       COUNTY MANAGER WORKSESSION:   Mr. Gluckman addressed the Board in regards to the miscellaneous request for sabbatical that was removed from the consent agenda. He explained that county policy mandates any employee requesting a sabbatical must first exhaust all paid vacation time or receive approval from the Board of County Commissioners. He further explained that this policy is being re-written to remove this requirement but in the meantime, Deana Jardine has requested approval for an exemption from the Board.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Sabbatical Request for Dena Jardine.

 

Motion carried 2-0.

 

11.       COMMISSIONER AVTIVITY REPORTS:   The Board reviewed their attendance at events during the previous week.

 

12.       LEGAL MATTERS:   Mr. Haas presented the Board with settlement amounts in the case of the Estate of Timothy Glenn Mathis versus the Board of County Commissioners, Bill Nestlerode, Chris Gilliland, James Alderden and Kevin Kingstom. The total amount to be paid by the county would be $225,000. If approved by the Board, Mr. Mathis’ daughter would receive $125,000 in annuity payments to be paid over 10-years, commencing at age 21. The remainder would be paid to the estate of Mr. Mathis up-front.

 

Mr. Hass requested the Board approve the amount of the settlement and authorize Jeff Green to sign the required documents on behalf of the county.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the amount of $225,000 to settle the case of the Estate of Timothy Glenn Mathis versus the Board of County Commissioners, Bill Nestlerode, Chris Gilliland, James Alderden and Kevin Kingstom and authorize Jeff Green to sign the required documents on behalf of the county when presented.

 

Motion carried 2-0.

 

There being no further business, the meeting adjourned at 11:00 a.m.

 

 

FRIDAY, JUNE 5, 2009

 

SPECIAL MEETING

 

The Board of County Commissioners met at 11:10 a.m. for the purpose of approving documents that are time-sensitive in nature.  Chair Rennels presided and Commissioner Johnson was present via telephone. Also present was Gael Cookman, Deputy Clerk.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the State of Colorado Department of Labor and Employment Grant Agreement for allocating Workforce Investment Act and Wagner Peyser funding.

 

Motion carried 2-0.

 

06052009A001           STATE OF COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT GRANT AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS FOR 2009 WORKFORCE DEVELOPMENT PROGRAMS

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve Snake Lake Bar & Grill LLC, dba Snake Lake Bar & Grill – Tavern Transfer of Ownership – Red Feather Lakes.

 

Motion carried 2-0.

 

The meeting adjourned at 11:15 a.m.

 

__________________________________________

                        KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

 

­­­______________________________________

Melissa E. Lohry, Deputy Clerk

 

 

­­­______________________________________

Gael M. Cookman, Deputy Clerk

 

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