MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
SPECIAL MEETING OF THE BOARD OF COUNTY COMMISSIONERS
(No Audio Available)
The Board of County Commissioners met at 8:00 a.m. with Linda Hoffmann, County Manager, and Neil Gluckman, Assistant County Manager. Chair Gaiter presided and Commissioner Donnelly was present (Commissioner Johnson joined the meeting after approval of the consent agenda). Also present were: Deni LaRue, Commissioners’ Office; Undersheriff Bill Nelson, Sheriff’s Office; Dale Miller, Road and Bridge Department; Chief Bob Poncelow, Poudre Fire Authority; George Hass, County Attorney; and Melissa Lohry, Deputy Clerk.
Chair Gaiter opened the hearing with the Pledge of Allegiance.
1. CONSENT AGENDA: Chair Gaiter requested the resolution titled, “Resolution Declaring Fire Restrictions in Larimer County,” be removed from the consent agenda for discussion.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda as it appears below:
06042012A001 AGREEMENT BETWEEN THE NATURE CONSERVANCY AND LARIMER COUNTY YOUTH CONSERVATION CORPS THROUGH LARIMER COUNTY WORKFORCE CENTER
06042012A002 LARIMER COUNTY HOUSE BILL 1451 PLAN MEMORANDUM OF UNDERSTANDING PURSUANT TO HOUSE BILL 04-1451
MISCELLANEOUS: Public Trustee First Quarter Report for 2012; Stipulation as to Tax Year 2011 Actual Value – Drake Crossing Retail Center LLC; Response to Colorado Department of Corrections Request for Proposals RFP #5532.
LIQUOR LICENSES: Fort Collins Breakfast Rotary Club Charitable Event – Special Event 6% – Fort Collins; Fort Fun – Tavern – Fort Collins; Sandy’s Convenience Store – 3.2% – Fort Collins.
Motion carried 2-0.
Commissioner Johnson joined the meeting at this time.
2. PUBLIC COMMENT: Pete Sakala, Aron Calkins, and Steve Bradley addressed the Board to request removing fireworks from the proposed extension of the Larimer County fire ban. Mr. Sakala stated that prohibiting the sale and use of fireworks in the county would only encourage citizens to travel to Wyoming to purchase illegal fireworks.
Mr. Calkins provided the Board with statistics regarding firework safety and explained that the type of fireworks approved for sale and use in Colorado are “safe and sane” fireworks, which do not contain explosives and do not shoot more than ten feet in the air.
3. RESOLUTION DECLARING FIRE RESTRICTIONS IN LARIMER COUNTY: Undersheriff Nelson and Chief Poncelow addressed the Board to request an extension of the current fire restrictions, set to expire on June 15, 2012. Undersheriff Nelson explained that fire conditions are measured at three points in the county, using a number of factors and, as of yesterday, the fire danger at Red Feather Lakes and Red Mountain was high, while the fire danger in Estes Park was moderate.
Commissioner Johnson pointed out that statute 30-15-401 C.R.S. restricts County Commissioners’ ability to enact restrictions on the sale of fireworks unless competent evidence of high fire danger is present. However, as only two sites measured “high” fire danger, he did not believe that the Board had the authority to restrict the use and sale of fireworks at this time.
Much discussion ensued between the Board and staff regarding 30-15-401 C.R.S.
Commissioner Donnelly stated that because two of the three sites measured “high” for fire danger, he was inclined to believe that the danger should be considered high for the entire county; and therefore, a ban on fireworks should be included in the restrictions.
M O T I O N
Commissioner Johnson moved that the Board of County Commissioners approve a resolution to extend the current fire regulations, without the restriction on fireworks, until midnight on September 30, 2012.
Motion carried 2-1, Commissioner Donnelly dissenting.
There being no further business, the Board adjourned at 9:45 a.m.
**All other meetings for the week were canceled due to the Board’s attendance at the Colorado Counties Incorporated conference.
LEW GAITER III, CHAIR
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Melissa E. Lohry, Deputy Clerk