Loading...
HomeMy WebLinkAbout760359.tiff BOARD OF COUNTY COMMISSIONERS COUNTY OF WELD STATE OF COLORADO LIQUOR LICENSE HEARING FOR ELMER MOORE AND CLARA MOORE , ) REPORTER'S TRANSCRIPT doing business as VALLEY HAYLOFT )APPEARANCES For the County: Samuel S . Telep Attorney at Law First National Bank Bldg. Greeley, Colorado 80631 For the Petitioners : Arthur P . Roy Attorney at Law 1011 - 11th Avenue Greeley , Colorado 80631 This matter came on for hearing before the Board of County Commissionis , County of Weld, State of Colorado, at 2: 00 p.m. on Monday, July 26 , 1976 , in the Board Hearing Room of the Weld County Centennial Center , Greeley, Colorado, for the purpose of considering the application for a liquor license by Elmer Moore and Clara Moore , doing business as Valley Hayloft, 3101 Highway 119 , Longmont, Colorado. BARBARA BILLINGS CERTIFIED SHORTHAND REPORTER 740 CLEVELAND AVENUE IOVELAND, C0IORAD0 80517 760359 L(0406 1 PROCEEDINGS 2 MR. BILLINGS : I call this meeting of the 3 Board of County Commissioners to order. The hearing today 4 is for a liquor, beer, and wine license, basically known 5 as a hotel , restaurant license. The hearing comes on 6 Monday, the 26th of July , at approximately 2: 00 p.m. 7 Mr. Telep, will you make the record? 8 MR. TELEP : Thank you, Mr. Chairman. 9 Let the record show that this cause came on regularly to 10 be heard by the Board of County Commissioners in the County 11 of Weld, State of Colorado, on this date, Monday, July 26 , 12 1976 , and as provided in the Notice of Hearing that was 13 duly published as required by law. 14 Let the record further show that this hearing is 15 being held on the application of Mr. and Mrs . Elmer Moore, 16 Denver, Colorado, for a beer, wine , and spirituous liquor 17 license at a location known as the Valley Hayloft; is 18 that correct, counsel? 19 MR. ROY: Yes . 20 MR. TELEP : 3101 Highway 119 , and more 21 particularly described as being located in the southwest 22 quarter of the southwest quarter of Section 3 , Township 23 2 North, Range 68 West of the 6th P.M. , Weld County, 24 Colorado. 25 Let the record further show that the chairman of - 2 - 1 the Board of County Commissioners, Glenn K. Billings , 2 presided. Also present were Roy Moser, Victor L. Jacobucci , 3 June K. Steinmark, and Norman Carlson, the other four 4 members of the Board of County Commissioners of Weld 5 County. Also present was special legal counsel Samuel 5 . 6 Telep. The applicants appeared in person and being repre- 7 sented by counsel. , Mr. Arthur Roy. 8 I would like to also state for the record that 9 Lne Board of County Commissioners of the County of Weld, 10 after considerable study , decided to set the neighborhood 11 of the location sought to be licensed an area as follows : 12 The north boundary of Sections 3 and 4; tree east boundary 13 is the east boundary of Sections 3 and 10 ; the south 14 boundary os the south boundary of Sections 9 and 10 ; and 15 the west boundary is the west boundary of Sections 4 and 9 , 16 and all in Township 2 North, Range 68 West of the 6th 17 P.M. , Weld County , Colorado, and if any of the section 18 and/ or boundary lines are roads , then parties living on 19 each side of tree road shall be heard. 20 Now, the protestants in this room, if any , 21 will have an opportunity to identify themselves and to 22 preset'_ any evidence that they may wish to present against 23 the granting of this license to this applicant. Now-- 24 EVA RADEMACHER: Just a minute , Master Chairman, 25 I have a petition here signed. - 3 - 1 1 MR. TLLEP : What is your name? 2 EVA RADEMACHER: Eva Rademacher. 3 MR. TELEP : Okay, we will get to you later 4 when the chairman of the Board will ask for Protestants 5 to identify themselves and to present any evidence they 6 may wish to present against the granting of this applica- 7 tion. What I am doing right now is to make a record, and 8 is it my understanding you are one of the protestants? 9 EVA RADEMACHER: A protestant, yes. 10 MR. TELEP : All right, you will have an 11 opportunity to be heard. You may sit down now. 12 EVA RADEMACHER: Thank you. 13 MR. TELEP: Thank you for your time. Mr. 14 Chairman, to continue I would like the record to further 15 show, and I state at this time the evidence to show the 16 desires of the inhabitants may be made by petitions , of 17 persons living in the area, persons owning property in 18 the area, or persons managing a business in the area. 19 Also evidence to show need as opposed to the desires of 20 the inhabitants may be shown by petitions , may be shown 21 by persons doing business in the area, persons frequent- 22 ing the area but who do not necessarily live in the area, 23 and I would also like to say for the record, and espe- 24 daily for those people who do not live in the area or who 25 do not own property in the area as has been designated by - 4 - 1 our Board of County Commissioners , that your testimony 2 will not be given any weight as to establishing the de- 3 sires of the inhabitants . On the other hand, testimony 4 to show need may be shown by petitions , by persons doing 5 business in the area, and by persons who frequent the 6 area but who do not necessarily live in the area, and 7 this testimony will be considered as the only relevant 8 testimony by this Board, because any other testimony is 9 always considered irrelevant and immaterial because the 10 Supreme Court of the State of Colorado has stated time and 11 time again that the record should reflect only evidence 12 tnat is material and relevant, and this is done in order 13 that this record that we are talking about will not be 14 cluttered with extraneous and irrelevant material. 15 Mr. Chairman, I would like to also note for the 16 record tnat the Board has the obligation to comply with 17 a new law that came into effect July 1 of this year, and 18 I make specific reference to Senate Bill Number 65 , and 19 that addresses itself to putting the burden on the appli- 20 cant to justify to this Board whether he will manage the 21 business or whether he will have a manager to manage the 22 business, and the facts and circumstances of this new 23 law can be gone into in further detail, in greater depth 24 by counsel, I hope , for the applicant, and if not, we can 25 entertain it at a later time, but you have to decide on - 5 - 1 this issue, Mr. Chairman , aril this is new, as I say, and 2 as I said a moment ago and I reiterate, it became law on 3 July 1 of this year. This Board has to justify as to 4 the character references and so forth of the manager who 5 will he , other than the applicant or applicants himself 6 or themselves. With that I believe , Mr. Chairman, we are 7 ready to proceed. 8 MR. BILLINGS : Thank you, Mr. Telep. I do 9 have an attendance record which I will start circulating 10 through the audience, and all of you will please sign i1 your names and address on this attendance record for our 12 record. Also , to ose who wish to speak, either for or 13 against, as you are called on, please give your name and 14 address so the record will reflect who is speaking and at 15 what address they live. 16 With that , Mr. Roy, I will turn the testimony 17 over to you as attorney for the applicants . 18 (Whereupon Applicants ' Exhibit A was marked for identifica- 19 tion) 20 MR. ROY : Mr. Chairman, I would like to 21 submit to the Board an affiaavit of publication. 22 MR. TELEP : Just a moment. Would you like 23 to do that now at this time or would you like to put that 24 into the record by your main witness and have him identify 25 it and just present it into the record? Who is going to - 6 - 1 do the testimony? Mr. Moore? 2 MR. ROY: Yes . 3 MR. TELEP: Why don' t you have him stand 4 up and be sworn and tell the Board why he wants this 5 liquor license? 6 - - - - 7 ELMER MOORE 8 being produced, and being first duly sworn, was examined 9 and testified as follows : 10 DIRECT EXAMINATION it BY MR. ROY : 12 Q Mr. Moore, would you state for the record your 13 name and address? 14 A Elmer Moore, 5108 Elm Court. 15 Q Is that in Denver? 16 A It' s Denver. 17 Q Are you the applicant in this matter? 18 A Yes, sir. 19 Q Okay, I hand you what's been marked as Appli- 20 cants ' Exhibit A and ask you if you recognize that or 21 recognize what it purports to be? 22 A Yes. 23 Q What is it? 24 A It' s an application. 25 Or an affidavit? - 7 - 1 A Yes . 2 Okay, I have an affidavit identified as Exhibit 3 A, which is an affidavit of publication by the, I believe 4 Greeley Tribune or the Greeley Booster, which is an ad 5 published by the County Commissioners on this application 6 setting forth the nature of the application, the location, 7 the date of the application, and the date of the hearing. 8 MR. BILLINGS: The chair will accept this 9 into evidence and mark it as Exhibit A. 10 (Whereupon Applicants ' Exhibits B and C were marked for identi- 11 fication) 12 C> (By Mr. Roy) Mr. Moore, I hand you two 13 exhibits marked as Applicant' s Exhibits B and C, B being 14 the top one and C, the bottom one, and ask you if you 15 recognize them? 16 Yes, sir. 17 What do they purport to be? 18 A One is the notice for application of liquor 19 license, and the other is the whole thing, shows the whole 20 building. 21 That is a photograph of what? 22 A Of my place. 23 Q And the notice? 24 A The notice is application for a liquor license, 25 three--way liquor license. 8 - 1 2 How long has that notice been posted in front 2 of your place of business? 3 A Three weeks . 4 Did you prepare the sign that appears to be in 5 the exhibit? 6 A Yes , sir, I did. 7 C1 And what size are the letters? 8 A One inch. 9 C) Or better? 10 A One inch and better. 11 (;) I would like to tender Applicants ' Exhibits B 12 and C, which are pictures of the notice posted at the 13 premises and the picture of the premises with the notice. 14 MR. BILLINGS : The chair will accept those 15 into evidence. 16 C) (By Mr. Roy) And where was that notice posted 17 actually? 18 A 3101, right in front of the building on the 19 highway. 20 S) How far back from the highway is the building? 21 A Thirty-seven feet. 22 S) And where on the property? 23 A On the fence line, right on the property line. 24 C) So it could be seen from the highway? 25 A Yes , sir. - 9 - 1 Q Okay, now you have applied for a three-way liquor 2 license , is that correct, or restaurant, hotel liquor 3 license? 4 A Yes , sir. 5 Q And what is the nature of the establishment you 6 intend to operate? 7 A Well, we are going to have a western band in 8 there, called a western-type place, and we will have fish, 9 steak, shrimp, and mixed dinners , and we will dedicate 10 it to all the farmers and ranchers and everybody that 11 lives in that area. 12 Q Okay , how long has the building been on that 13 location? 14 A It' s going on two years or better. 15 Q Are you familiar , generally familiar with the 16 liquor licenses of the State of Colorado? 17 A Yes , sir. 18 0! And are you aware that those laws have certain 19 restrictions concerning the age of the persons you can 20 serve? 21 Yes , sir, twenty-one. 22 Q And also restrictions as to serving people who 23 are habitually-- 24 You' re rignt. They don' t get a arink 25 C Ana as to the nature of some very specific records - 10 - 1 you will have to maintain? 2 A Yes , sir. 3 Q Do you intend to manage the business? 4 A I do. 5 And have you made arrangements to in fact reside 6 at that location? 7 A. Yes , I 've got my house out there now. I ain' t g moved in, but it' s there . 9 Q What type of house is that? 10 A Twinport modular home . 11 Q Where is it located? 12 A On the back end of the lot, twenty foot off 13 the property line . 14 Q So it' s on the same location? 15 A Yes , sir. 16 Q And who is it anticipated will actually reside 17 in that home? 18 A Me and my wife. 19 Q Have the premises been inspected by officials 20 of Weld County? 21 A Well, we have had electricians out there and 22 presuming been inspected and passed, and we are ready for 23 the final in about four days . 24 Q What kind of inspection final? 25 A The whole thing. - 11 - 1 0 Have you had the water tested and health inspec- 2 tion? 3 A Yes , sir. 4 S2 And they indicated to you the results of that? 5 A The water is good, ready for public use. 6 Q Okay. 7 (Whereupon Applicants ' Exhibit i) was marked for identifica- 8 tion) 9 Mr. Moore , I hand you what ' s been marked as Appli- 10 cants ' Exhdbit D and ask you if you recognize it? 11 A Yes , sir, that' s a petition. 12 C1 And how many pages are there to that exhibit? 13 A Well, one , two , three, four, five , six. 14 0 Okay, and these are the petitions of what type 15 of people? People residing in the neighborhood? 16 A People that live in the neighborhood and work 17 in the area. 18 Okay. Now, what is the nature of the neighbor- 19 hood? 20 A The neighborhood is made up of working people . 21 Okay, in terms of population, is it primarily 22 industrial or agricultural? 23 A It' s mostly agricultural. 24 Q Is there a residential area in the neighborhood? 25 A Yes, it' s the Del Camino. - 12 - 1 Q That' s what kind of residential neighborhood? 2 A That' s a trailer court. 3 Q And have all these signatures been derived from 4 people residing in that neighborhood to the best of your 5 knowl-dge? 6 A To the best of my knowledge. 7 Q And when, to the best of your knowledge, were 8 these circulated? 9 A Friday night. 10 Q Of last week? 11 A Yes. 12 Q I would like to tender Applicants ' Exhibit D 13 purporting to be petitions signed by residents of the 14 neighborhood, which petition contains therein language 15 to the effect that the signators feel there is a need and 16 they axe in favor of the application and desire it be grant- 17 ed and feel there is a need in the neighborhood for the 18 establishment. 19 (Whereupon Applicants ' Exhibit E was marked for identifica- 20 tion) 21 Q (By Mr. Roy) With regard to persons who 22 witnessed the signatures, are those signatures signed 23 by persons who witnessed the signatures? 24 A This one here? 25 Q Yes. - 13 - 1 A Arthur Roy, Clara Moore, and Elmer Moore . 2 Q Okay , and those are about two pages of each of 3 those apiece; is that correct? 4 A Yes. 5 MR. BILLINGS : I count 48 signatures. Is 6 that approximately correct? 7 A Approximately. 8 MS. STEINMARK : Do you know how many are resi- 9 dents and how many are nonresidents? 10 A Well, we went to the door, so they should be 11 residents . 12 MR. ROY : All of these should be resi- 13 dents at this time . 14 MR. BILLINGS : The cnair will accept this 15 into evidence as. Petition U. 16 Q (By Mr. Roy) Mr. Moore , I hand you Peti- 17 tioners ' Exhibit or Applicants ' Exhibit E and ask you if 18 you recognize it? 19 A Yes , I do. 20 Q What does it purport to be? 21 A It' s an application for a three-way liquor 22 license. 23 Q Is it a petition in support thereof? 24 A A petition in support thereof. 25 q And when was that circulated to the best of your - 14 - 1 knowledge? 2 A A week ago. 3 Q And does it contain signatures of both residents 4 and nonresidents? 5 A Yes , sir, it does . 6 Q Okay, and what are the areas the nonresidents 7 are generally from according to that petition? 8 A Firestone and Dacona and Longmont, people that 9 work in the area, go througn the area seven days a week. 10 Q All right, and wno witnessed the signatures on 11 each of those, if you recall? 12 A This is Clara Moore ' s. 13 Q Okay, and then page two? 14 A Is Clara Moore. 15 Q Page three? 16 A Iona M. Schmidt. 17 Q Okay, and page four? 18 A Arthur Roy. 19 MR. BILLINGS : The chair will accept Appli- 20 cants' Exhibit E into the record. 21 (Whereupon Applicants ' Exhibit E was marked for identifica- 22 tion) 23 Q (By Mr. Roy) Mr. Moore, I hand you what' s 24 been marked as Applicants ' Exhibit F and ask you if you 25 recognize them? - 15 - 1 A This is a petition for the Valley Hayloft, 119 . 2 Q Okay, and who prepared the petition? 3 A We aiu ourselves . 4 Q Okay, and where were the signatures gathered 5 for that particular petition? 6 A These signatures , some of them come from the 7 St. Vrain Power House, which people working there , they 8 consists of the carpenters , laborers , pipe fitters , elec- 9 tricians , and Public Service. 10 Q Do they frequent the neighborhood? 11 A Yes , sir. 12 Q Have you worked at that station? 13 A Yes , I nave. 14 Q Anu do the people that work tnere frequent the 15 neignborhood? 16 A Yes , sir. 17 Q Okay , and are these-- 18 A Especially Public Service is in and out of there 19 all the time. 20 Q Are the signatures on here in favor of the grant- 21 ing of the license? Are the signatures on here people in 22 favor of the granting of the license? 23 A Yes , sir, they are all in favor. 24 s? Now, there are two other outlets in the neighbor- 25 hood, are there not? - 16 - 1 A Yes , sir. 2 Q One of those would be in the Del Camino Restaur- 3 ant; is that correct? 4 A Yes , sir. 5 Q Has Del Camino Restaurant management signed any 6 of the petitions? 7 A Yes , he has . 8 Which one did he sign? Do you recall? 9 A That one there (indicating) . His name is on 10 there. 11 What is the name? 12 A Ringer. 13 ! Okay , now with regard to the Ramada Inn, have 14 representatives of tnat business signed the petition in 15 support? 16 A Well, we went in there and we talked to them 17 about signing the petition and we asked for the manager, 18 and she happened to be a woman, and she said, "I 'm the 19 manager and I will sign it. " 20 Did she in fact sign it in favor of it? 21 A Yes , she did. 22 Q Have you contacted bar owners outside the 23 neighborhood in the general vicinity of your location? 24 A Yes, sir. 25 And nave they also signed? - 17 - 1 A Yes , sir. 2 And where would they generally be located? 3 A Firestone, Erie, Dacona, Frederick. 4 i2 Okay , have you had any of those bar owners 5 refuse to sign? 6 A No, sir. They said they are glad to have me 7 aboard. 8 MR. ROY: I have no further questions of 9 Mr. Moore , Your Honor. 10 MR. BILLINGS: The chair will accept Exhi- II bit F into evidence. 12 MR. TELEP : Mr. Chairman, I have one 13 question. Mr. Roy , do you have blueprints of this es- 14 tablishment? 15 MR. ROY: I believe they are in the file 16 already. The county has the only set I had. 17 MR. TELEP : They are in the file , are they? 18 MR. ROY : Yes . 19 MR. TELEP: Let the record show that counsel 20 has stated that the blueprints are in the file in the 21 custody of the Board of County Commissioners . 22 MR. ROY : I would like to call Mrs. 23 Moore . 24 - - - 25 - 18 - 1 CLARA MOORE 2 being produced, and being first duly sworn, was examined 3 and testified as follows : 4 DIRECT EXAMINATION 5 BY MR. ROY : 6 Q Mrs . Moore , are you also an applicant on this 7 particular matter? 8 A Yes , sir. 9 Q And are you going to be involved in the manage- 10 ment of the business? 11 A Definitely. 12 Q And where do you intend to reside while managing 13 the business? 14 A On the premises . 15 Q Okay, and have you, or to your knowledge, your 16 husband, ever held a liquor license before? 17 A No. 18 Okay, are you, however, generally familiar with 19 the liquor laws of the State of Colorado? 20 A Yes . 21 Q And do you intend to abide by those laws if this 22 Board grants a license? 23 A Absolutely. 24 Q Okay, are you familiar with the two existing 25 outle_s in the neignborhood? - 19 - 1 A Yes . 2 Q They would be which two? 3 A Del Camino and Ramada Inn. 4 Q Okay, and do they appear to be busy or not busy? 5 A Very busy. 6 Q Are we talking about most hours of the day or 7 just-- 8 A Most hours of the day. 9 Q Okay, have you been into the Del Camino bar or 10 lounge? 11 A Yes . 12 Q Can you briefly describe it? 13 A They have a clientele that is quite social. 14 They have mostly, I tnink, tourists and people that are 15 more socially staying over, white collar people mostly , 16 and we intend to have a place for accommodating people, 17 come as you are . 18 Q Is it generally crowded inside? 19 A Oh, yes . 20 Q And what about the Ramada Inn? 21 A The same thing. 22 Q Do they advertise their business as a lounge 23 on the exterior of the business? 24 A The Ramada Inn doesn' t, but the Del Camino does . 25 Q And the Ramada Inn is busy also? - 20 - 1 A Oh, yes . 2 MR. ROY: I have no further questions of 3 Mrs . Moore , Your Honor. 4 MR. BILLINGS : Are there any questions by 5 the Board of either Mr. or Mrs. Moore at this time? 6 (No response) 7 MR. BILLINGS : I guess there are no questions 8 at this time . 9 MR. ROY: I call Iona Schmidt. 10 - - - 11 IONA M. SCHMIDT 12 being produced, and being first duly sworn, was examined 13 and testified as follows : 14 DIRECT EXAMINATION 15 BY MR.. ROY : 16 Q Mrs . Schmidt, would you state for the record your 17 name and present address? 18 A Iona M. Schmidt, and I am at 3924 State High- 19 way 119 , Lot 129 , Del Camino Mobile Home Park . 20 Q Where is that with regard to the Del Camino 21 Restaurant? 22 A About 800 feet in back of it. 23 Q Okay, and have you been involved on behalf of 24 the Moores in circulating petitions in that mobile horde 25 park? - 21 - 1 A Yes , sir, I have. 2 Q How long have you resided in the neighborhood? 3 A We have been here eight months . 4 Q Okay, and have you had occasion to frequent or 5 use the services of the Del Camino Restaurant as a lounge? 6 A I have been in there once . 7 Q Okay, and what is the general atmosphere and 8 business level in that particular restaurant? 9 A Well, it' s very high-class as far as I 'm con- 10 cerned, and the food isn' t that great, and it' s fairly 11 expensive. 12 Q Okay, is it busy or not busy? 13 A Oh, yes , they are always busy. 14 Q With regard to the lounge operation also, as 15 well as the restaurant? 16 A Yes. 17 Q have you had occasion to frequent the Ramada 18 Inn? 19 A I have been in there twice. 20 Q And what is the general , from what you know, the 21 general level of business in there? Are they busy or not? 22 A Yes , they are busy. It' s more also a socially 23 elite place. A person can' t go in and relax, not my type 24 of relaxing anyway . 25 Q What, to your knowledge, from your circulating - 22 - 1 petitions anu talking to the neighborhood, is the general 2 attitude of the neighborhood concerning one, additional 3 liquor license , and two, a country and western casual 4 format? 5 A All to e people in the mobile home park anu out- 6 sidle the park that I have talked to have agreed it would 7 be the best thing in the world for the neighborhood. One, 8 because they will have someplace to go anu they don' t have 9 to dress up. They like country music and there is no 10 place in Longmont or outside of Longmont tnat has country 11 western music unless you belong to the V.F.W. or the Anieri- 12 can Legion. 13 Q So the general attitude is that it would be an 14 asset to the neighborhood from your talking with the 15 neighbors? 16 A Yes , sir. 17 1? If a liquor license would be granted, would 18 this be the type of establishment that you would like to 19 patronize? 20 A Yes , sir. 21 Lf What is the general patronage , if you know from 22 what you have seen, of the Del Camino and the Ramada Inn? 23 A Most ail the people that go through there are 24 tourists , and I very seldom see any truckers . They usually 25 go to the restaurant that's on up the road, but mostly - 23 - tourists. 2 Q Outside the mobile home park, what is the general 3 nature of the neighborhood, that being the four-square-miles . 4 A They are down-to-earth country people, and they 5 like good country music and good food and not have to pay 6 a high price. 7 Q Is it generally agricultural outside the mobile 8 home park? 9 A Yes . 10 MR. ROY: I have nothing further. 11 MR. BILLINGS : Are there any questions by 12 the Board of Mrs . Schmidt? 13 MR. JACOBUCCI : You presently have no license 14 whatsoever there . Have you ever worked in a tavern? 15 A Yes , sir, I have. 16 MR. JACOBUCCI : I have no further questions. 17 MR. BILLINGS : Are there any more questions 16 by the Board? 19 (No response) 20 MR. BILLINGS : No questions. Thank you. 21 MR. ROY : I would like an indication 22 from those in attendance as to who is here generally in 23 favor of the application. Would you raise your hands? 24 MR. BILLINGS : All in favor, raise their 25 hands , please . - 24 - 1 (Several hands were raised) 2 MR. BILLINGS : I have a count of thirteen. 3 Let the record show there are thirteen present who would 4 indicate they are in favor of the granting of the applica- 5 tion. Those thirteen do not include Mr. and Mrs . Moore , 6 who are applicants . 7 MR. ROY: I have nothing further at this 8 time . 9 MR. BILLINGS : Are there any questions by any 10 of the Board members of any of those people who have testi- 11 fied in favor of the application at this time? 12 (No response) 13 MR. BILLINGS : Hearing none, then the chair 14 will call for those people who are opposed to the applica- 15 tion. Mrs. Rademacher, I believe , would you like to come 16 up to the table here and be sworn in please and give your 17 testimony. 18 - - - 19 EVA RADEMACHER 20 being produced, and being first duly sworn, testified as 21 follows : 22 MRS. RADEMACHER: My name and address , 3525 High- 23 way 119 , Eva Rademacher. 24 MR. TELEP: Would you state your name again 25 for the record? - 25 - 1 MRS. RADEMACHER: Eva Rademacher. 2 MR. TELEP : Rademacher? 3 MRS . RADEMACHER: Yes. 4 MR. BILLINGS : All right, Eva, would you tell 5 the Board why you are opposed? 6 MRS. RADEMACHER: Well , I feel we have no need 7 for it. There is three already within a mile selling 8 liquor and with six miles , there is about ten or fifteen, 9 and I feel there is no need for it. 10 MR. BILLINGS : Six miles you would mean Loriy- it mont? 12 MRS. RADEMACHER: Longmont, Mead, Frederick , 13 and we are just out there in the country. I don' t feel 14 like we need anymore liquor there , and so do all of our 15 neighbors that have signed this petition, and they are 16 neighbors close around. The place is on my farm. 17 MR. MOORE: That isn ' t your farm. 18 MR. BILLINGS : The petition you have, you 19 would want it, I assume , entered into evidence in opposi- 20 tion, and Mr. Telep will take it. 21 MR. TELEP : Excuse me. May I have this 22 identified with your permission to put into evidence as 23 opposed to the granting of this license; is that correct? 24 MRS. RADEMACHER: Yes . 25 (Whereupon Opponent' s Exhibit 1 was marked for identification) - 26 - 1 EXAMINATION 2 BY MR. TELEP: 3 Q Mrs. Rademacher, I trust you appreciate my 4 position here . I am nonadversary. I am not for or 5 against. 6 A I understand. 7 Q And we are here to help you on behalf of the 8 Board, so we can proceed with dispatch. Mrs . Rademacher, 9 with your permission, this is your petition, and I pre-- 10 sent to you what has been marked Protestant' s Exhibit No. 11 1, and I ask you to tell the Board what this is . 12 A It is a petition that I went to the neighbors 13 to put their signatures on to have or not to have, and as 14 they had said, I did not know about this until about a 15 week. There was no pamphlets left at my door or any of 16 the neighbors that the names are down here, and I did 17 not receive the Times Call or Greeley paper, so I got 18 kind of late on going out and getting my petition. 19 Q Okay, Mrs. Rademacher, did you circulate this 20 petition yourself? 21 A I did myself. 22 Q And you witnessed each and every one of them-- 23 A Yes, I did. 24 --sign their names? 25 A Yes. - 27 - 1 Q How many names are on this petition, will you 2 tell the Board? 3 A I think 26 or 27. 4 Q I count 29 . Would you say that' s correct? 5 A That' s correct. 6 Now, Mrs . Rademacher, did all these people have 7 anything to say to you at the time that they signed their 8 signatures as to whether they were against it or why 9 they are against it? 10 A Yes , a lot of them said they didn' t even know 11 about it and they said that there is enough in the neigh- 12 borhood that we didn' t need any more. 13 Q As you circulated tnis petition, were there any 14 or many people who refused to sign this petition, can 15 you tell the Board? 16 A No, not where I stopped. 17 Not a one? 18 A No, unless I caught a couple that they had signed 19 for, you know, but all I stopped here that I know of that 20 didn' t sign. 21 Q So ail these 29 definitely are opposed; is that right? 23 A That's right. 24 MR. TELEP: Art, you may corss-examine. 25 _ - 28 1 CROSS-EXAMINATION 2 BY MR. ROY : 3 Q Where did you circulate this petition? 4 A Where did I circulate it? Not more than five 5 or six miles around my place there and some of the chil- dren that were out, children that signed it. 7 Q I notice there are a lot of addresses here 8 from Denver, Colorado, Longmont, Colorado, which appear 9 to be in town addresses; that is , 1400 South College, 10 1484 Meeker , 2900 University Avenue in Longmont and 11 Denver. Are those people who live in the neighborhood? 12 A Those are mostly my children, yes . 13 MRS. ROSS : We come out to visit. 14 A To the farm, yes . 15 MRS . ROSS : We still have a say-so in the 16 farm. 17 Okay, so Walters and so forth are all relatives? 18 A They are my daughters and brothers and sons . 19 MR. TELEP : Just for the record would you 20 enter your appearance? 21 (Whereupon there was an off- record discussion) 22 23 Q (By Mr. Roy) You indicated you went some 24 five or six miles around your home? 25 A Yes . - 29 - 1 Q Were you aware of the neighborhood as defined by 2 the Board? 3 MRS . ROSS : Yes , four miles. 4 Q The four-square-miles immediately adjacent to 5 I-25? 6 A Yes . 7 Q Is Weld County Road 5-1/2 within that four- 8 square miles? 9 MRS . BACON : Yes, it is . So is 7 . 10 MR. ROY: I am asking Mrs . Rademacher. 11 MR. TELEP : We would like to make this 12 crystal clear. The record has to be clear. We want to 13 know wno is doing the talking and doing the answering. 14 Q (By Mr. Roy) Let me ask you, Mrs. Rade- 15 masher. So some of these people are primarily your 16 family or a substantial portion of them are members of 17 the family? 18 A No, not a portion of them, no. 19 (Whereupon the other two ladies were talking out in the background and could not be reported) 20 A A lot of them are neighbors close by. 21 Q I count seven Rademacher signatures. 22 A Some of those are some of the nephews that live 23 close by. 24 25 Okay. Now, you originally, you or your husband - 30 - 1 or both originally sold the Moores the property they have 2 the restaurant on; is that correct? 3 A My husband did. 4 Q Okay, and they applied some time ago for a zoning 5 change ; do you recall that? 6 A Yes. 7 Q Did you also oppose that? 8 A Yes . 9 Q Do you drink yourself? 10 A No. 11 Q To your knowledge do any members of your family 12 drink? 13 A Well, now and then they take a drink as far as 14 I know. 15 Q But you opposed any change in zoning on behalf 16 of the Moores , and now you are opposing the granting of 17 a liquor license; is that correct? 18 A Yes. 19 Q For what purpose to your knowledge was the land 20 sold? 21 A I don' t know what he sold it for. I didn' t even 22 know he had sold it at the time. 23 Q He in fact sold that and a couple others along 24 the highway, didn' t he? 25 A A few years ago, yes. - 31 - 1 Q The Bighonr Implement and the one adjacent to 2 the Moores? 3 A Yes. 4 Q And those are all highway frontage lots? 5 A Yes . 6 Q And the Moores purchased theirs, if you recall, 7 for approximately $3,000 an acre? 8 A That' s what they said. 9 Q Did you understand that to be a commercial rate 10 for that property? 11 A I didn' t do much business with them. My husband 12 did all the business. 13 MRS . ROSS: Just say no. 14 Q What did you think the Moores bought the land 15 for? 16 A I had no idea until I come up for the zoning 17 when I heard it. 18 MR. ROY : I have nothing further. 19 MR. BILLINGS : Do you have any objections to 20 this being entered? 21 MR. ROY: I have objections to all of 22 the people who signed it who do not live in the neighbor- 23 hood. and to those signatures which appear to be outside 24 the neighborhood. 25 MRS . ROSS : Could I see his petition then? 32 1 MR. TELEP : I think the person who testi- 2 fied on direct has a right to be rehabilitated here or 3 wnatever, only she, and if the others wish to talk, they 4 have to be sworn. 5 MRS. RADEMACHER: Mr. Chairman, what about his 6 petitions? Are they around the residents? 7 MR. TELEP : Yes , he had two and you didn' t 8 question him. 9 MRS. RADEMACHER: And he had Frederick and all 10 of that. 11 MR. TELEP : Come up here. We want to do 12 this correctly and listen to your objections. 13 MRS . RADEMACHER: I have--I understand that le 14 got all his that weren't. 15 MR. BILLINGS : These are the lists of names 16 and the people who indicated that those were circulated by 17 them, and they were immediate residents of the area and 18 they were under oath in that testimony. 19 MR. TELEP : Mr. Chairman, he testified to 20 these signators as being some people who testifed as to 21 need and the others as to desires, two types of petitions , 22 and hers can be entertained the same way; those that live 23 out o; the area can be given as much weight as this Board 24 feels necessary as to testify as to protesting as to need, 25 and on the other hand, protesting as to desires of the - 33 - 1 residents , and that is the law. 2 MRS. RADEMACHER: Mr. Chairman, I notice these 3 are mostly from Del Camino Park and there are not very 4 many of the landowners that I see. 5 MRS. BACON : May I be sworn in? It won' t 6 do one bit of good against the license. 7 MR. TELEP : You will be given your oppor- 8 tunity. Please. 9 MRS. RADEMACHER: They have very few landowners . 10 MR. BILLINGS : These are the ones here (indi- 11 catinq) , Mrs. Rademacher, who are outside the area. 12 MR. ROY: On this group, some of them are 13 in. They indicated there was a variation on that list of 14 signatures. I think a lot of the property owners are on 15 there. 16 MRS. RADEMACHER: Well, if there is , I don' t 17 see them. I haven't seen any. I don' t see too many of 18 the property owners down there . I would recognize them 19 as close neighbors . 20 MR. BILLINGS : The chair will accept Protes- 21 tant's Ex1±it 1 the same as we accepted Exhibit F of the 22 applicant, which indicated that people are both living 28 inside and outside of the designated area, and we would 24 give those people credence as to that part of the peti- 25 tioning process . - 34 - 1 HR. ROY: May I ask additional questions? 2 Have a seat, Mrs . Rademacher. 3 MRS. RADEMACHER: Thank you. 4 Q (By Mr. Roy) You indicated that everyone 5 you contacted in your neighborhood signed; is that correct? 6 A Yes. 7 MRS. ROSS : Not everyone. 8 A Well, there was one, not everyone . 9 C? How about Mr. Hodges? 10 A No, he didn' t sign. Mrs. Hodges and Mrs. Col- 11 way didn't sign because they misunderstood. They didn' t 12 think there was any liquor involved in a nightclub. They 13 didn' t. sign. 14 MR. ROY: I have nothing further. 15 MRS. RADEMACHER: Mrs. Heaton did. 16 MR. TELEP : Mrs . Rademacher, do you have 17 anything further to tell this Board? 18 MRS . RADEMACHER: No. 19 MR. TELEP: You rest now as far as you are 20 concerned? 21 MRS . RADEMACHER: (Nodded) 22 MR. TELEP: Okay, will you please come up 23 and be sworn in? 24 MRS . BACON: It won' t do one bit of good. 25 - 35 - 1 CLARA BACON 2 being produced, and being first duly sworn, was examined 3 and testified as follows : 4 EXAMINATION 5 BY MR. TELEP : 6 Q May I ascertain first for the record your name 7 and address, please? 8 A Clara Bacon. 9 Q Where do you live? 10 A And I live , 11994 Weld County Road 7 . 11 Q And are you--how close are you to this place that 12 they are seeking to license? 13 A My bottom pasture is within half a mile. I know 14 what I say won' t do one bit of good because I remember 15 when my husband and Albert Anderson tried to fight the 16 package liquor store license and the Del Camino liquor 17 store license, but I really don' t tnink we need another 18 liquor outlet in our neighborhood, and particularly on a 19 highway. Is that any place for people to drink and go 20 out and get in a car and go places, and maybe Del Camino 21 is a neighborhood, but I am an ex-school teacher from 22 Mead, and I know what comes out of Del Camino. 23 MR. BILLINGS : Ma' am, have you had any occa- 24 sion to find that because of the existing establishments 25 there that there have been nuisance problems of any kind? - 36 - 1 A Yes , we have had much trouble from people going 2 into Barbour Ponds and imbibing all the beer they can hold 3 that they have gotten along the way and then coming over 4 the fence and causing trouble more than once. As I say, 5 I know it won' t do any good, but you can at least know 6 we don' t approve, everybody in the neighborhood doesn' t 7 approve. Did you say it was a hotel? 8 MR. BILLINGS : This is the type of license, 9 Ma' am, from the state. 10 A You are not going to have a hotel in the little 11 building? 12 MR. MOORE : No. 13 MR. BILLINGS : The license is a hotel, 14 restaurant type. 15 MR. ROY : May I ask a question? 16 - - - 17 CROSS-EXAMINATION 18 BY MR. ROY : 19 C? You indicated the problems come from the people 20 who go to the Barbour Ponds and drink at the Barbour Ponds? 21 A Yes . 22 Q That would be package liquor? 23 A I don' t know where they get it. 24 But they have it there in the park? 25 A We don' t know. - 37 - 1 MRS. ROSS: They are drunk and disorderly. 2 A We have enough drinking and disorderly parties 3 down there without having more . 4 MR. BILLINGS : Are there any questions by 5 the Board members of Mrs. Rademacher? 6 MS. STEINMARK: I would ask Mrs. Bacon, do 7 you use Road 119 for your travel? 8 A Yes , I do. 9 MS. STEINMARK: Have you found since the pre- 10 vious liquor establishments have gone on, any travel pro- 11 blems as far as that you could relate to there being liquor 12 establishments along there? 13 A Yes. Yes , on 119 there were a couple of gentle- 14 men in a car over in the lefthand lane on the highway 15 going like this (indicating) and there was much traffic 16 behind them. I got by them very nicely, but looking through 17 my mirror, some of the rest of the people had much diffi- 18 culty getting by. 19 MR. JACOBUCCI : Excuse me . They came from the 20 Del Camino or the Ramada Inn? 21 A I wouldn't know. 22 MR. JACOBUCCI : They may have come from Fort 23 Lupton? 24 A Sure. I wouldn' t know. 25 MR. JACOBUCCI : Do you have a surveillance 38 1 problem there? 2 A Sort of. 3 MR. JACOBUCCI : I direct that to Mrs. Rade- 4 macher. 5 MRS . RADEMACHER: I would say it was not because 6 of liquor establishments , but because of, let' s say, no- 7 body to look out for that Barbour Ponds area. Very little 8 supervision there. 9 MR. JACOBUCCI : I talked to Mr. Buffington the 10 other day and he said they have a man at Barbour Ponds 11 every day for, I gathered, from four to six hours a day or 12 more. 13 MRS. RADEMACHER: They come in Barbour Ponds 14 all hours every day and all hours every night. I know 15 because the road into Barbour Ponds aims right at ray bed- 16 room window. 17 MR. JACOBUCCI : You are directly north of the 18 Bighorn? 19 MRS. RADEMACHER: Yes . 20 MR. JACOBUCCI : have you been able to get a 21 deputy sheriff, Mrs. Rademacher, when you called one? 22 MRS . RADEMACHER: Pardon? 23 MR. JACOBUCCI : Have you been able to get a 24 deputy sheriff when you call one? 25 MRS . RADEMACHER: Yes , they come out, but they - 39 - 1 said there is not much to do about it and they are getting 2 tired of it. They said if I want any help to call on them 3 and they would testify. 4 MR. JACOBUCCI : Do you know Mr. Buffington 5 with the State Parks and Recreation Department? 6 MRS . RADEMACHER: I don' t believe so. 7 MR. JACOBUCCI : Have you ever thought of 8 calling those people to take care of their patrolling? 9 They are supposed to patrol Barbour Ponds . 10 MRS. RADEMACHER: I have called Mr. O'Malley. 11 AR. JACOBUCCI : This gentleman is up at Love- 12 land. 13 MRS . RADEMACHER: Mr. O'Malley said he would take 14 care of it for me and I didn' t know about this man. 15 MR. BILLINGS : Is there anyone else who would 16 want to give testimony against the granting of this appli- 17 cation? 18 MARY JANE ROSS : My name is Mary Jane Ross, 19 and I am a daughter and I live in Longmont and I do come 20 out to visit my mother and I bring my children and my 21 objection would be just to the particular type of situa- 22 tion that they are going to have gown there , with the farm, 23 combined with where we live and where my mother lives 24 and where we come out to visit. 25 MR. BILLINGS : How close is your mother' s -- 40 - 1 home to where the establishment would be? 2 A MS. ROSS : A fourth of a mile or less, a 3 little better than a fourth, but the whole thing is farm 4 land, cattle , and, you know, sure, it's on an access 5 road and on 119 , but basically the back is grass land and 6 farm land and cattle and horses. Fine , I just don' t care 7 to see another establishment like this in the area, parti- 8 cularly right in the area where I do bring my family. 9 That ' s my only objection and I don' t think we need it. 10 MR. JACOBUCCI : How do they get into what 11 will be the Valley hayloft? Do they have to come up to 12 the Bighorn intersection and go down the service road? 13 MS. ROSS : No, it' s right off 119 . You 14 mean their outlet would be right off--you are talking 15 about if the liquor license is granted? 16 MR. JACOBUCCI: Right. 17 MS. ROSS : It' s an access right off 119 19 as you come out--it would be not very far off the road, 19 their access is . 20 MR. JACOBUCCI : There was a problem there when 21 they applied for the zoning. 22 MS. ROSS : Right. Well, I don' t know 23 what the problem was for that. I 'm not familiar with 24 what the problem was on that. 25 MR. JACOBUCCI : Your access road, Mr. Moore , - 41 - 1 came off at the same place as the access road for the 2 implement company? 3 MR. MOORE : They don' t have an access road. 4 Tne whole tiling is 119 . You turn off 119 and you go to the 5 farm business . There is no access road. 33, the road 6 that goes back in there , goes by the Bighorn Implement 7 Company. 8 MR. BILLINGS : Now you are getting everybody 9 confused. Your access is directly off 119? 10 MR. MOORE: My access is right off Big- 11 horn, right off 119 . 12 MR. BILLINGS : Directly off 119? 13 MR. MOORE: 33 , but if you come out, you 14 nave to go on east and come back and turn around and come 15 back west so you can get off that side of the divided high- 16 way . It's 100 feet wide and 30 feet in the lot of the 17 property. It' s got a yet-off lane and a huge big inter- 18 section to make a left-hand turn, go down and it' s got a 19 well-marked come-Lack on the crossroad. 20 MR. ROY: What about the visibility? 21 MR. MOORE : The visibility is 100 percent. 22 MR. ROY: Almost unlimited? 23 MR. MOORE: Yes. 24 MR. BILLINGS : Yes , ma' am? 25 MS. ROSS : The only other thing about - 42 - 1 the road was when they first made it four-lane out there , 2 they had a problem with turning. The highway patrol didn' t 3 like you pulling over into a lane to turn. They wanted 4 you to go up--well , now tney have since marked it so you 5 can turn into the turning lane, but they objected to that 6 when they made it four-lane, so that' s the only problem 7 with traffic out there as far as that goes . 8 MR. BILLINGS : Mr. Moore? 9 MR. MOORE : I went to the State Highway 10 Department and he said that was a turning-off lane. 11 MRS. ROSS : They have since made it tnat, 12 but they objected to it before. 13 MRS. STEINMARK: Mrs. Rademacher, since you 14 live ,. I think, the closest to the Valley Hayloft, which is , 15 as I understand it, a restaurant at the present time, do you 16 have any direct knowledge of what type of people are or 17 what do the people do who go to that restaurant at the 18 present time? 19 MR. ROY : It' s not open. 20 MRS . RADEMACHER: It' s not open. 21 MRS . STEINMARK: Not open? 22 MR. ROY: Waiting on this . 23 MR. BILLINGS : Are there other questions 24 by the Board? 25 MR. ROY: May I make some comments? - 43 - 1 MR. BILLINGS : Yes , sir. 2 MR. ROY : We have submitted to the Board 3 petitions from a large number of the residents of the 4 neighborhood as this Board has defined it, that is , the 5 four-square miles in which the Valley Hayloft is , in 6 essence, the very center of those four square miles . It 7 sits right almost on the center line. The signatures of 8 the property owners up and down the roads either way, ex- 9 cept those who appear as protestant, signatures of the 10 majority of the people who reside in the mobile home park 11 which constitute the majority population of the neighbor- 12 hood. There are two existing outlets in the neighborhood, i3 they being the Del Camino and the Ramada Inn. The Ramada 14 Inn, by its very nature , according to testimony, is a 15 lounge adjacent to the restaurant primarily to serve the 16 patrons of the Ramada Inn as a motel. There is indeed 17 no advertisement of that as a lounge . It just says 18 restaurant. The Ramada Inn, or the Del Camino was located 19 immediately adjacent to I-25 , and according to the testi- 20 mony, is mostly serving traffic on that highway who stop 21 tnere to eat and tourists , I believe the description was. 22 We are dealing in a neighborhood that is primarily agri- 23 cultural and primarily working people. The two establish- 24 ments that are presently there deal to a completely differ- 25 ent clientele. Indeed, I believe the evidence is that - 44 - those establishments essentially don' t cater to the neigh- 2 borhood, and this particular application is for an establish- 3 ment that will , that will fulfill the needs of that neigh- 4 borhood for an informal good eating place with beer, wine, 5 and liquor, dance floor, and entertainment in there that 6 Mr. Moore indicated a band would be there on occasions , 7 designed indeed by its very format to deal with the rura.l 8 people of this county which the present outlets are not 9 geared to do and aon' t in fact do, or at least don' t 10 generally do. 11 I submit we have shown that the vast majority of 12 the neighborhood desires this establishment, and property 13 owners and residents alike, that tnere are a large number 14 of people who frequent the neighborhood for shopping to 15 and from, through, who also favor the petition and favor 16 the granting of the liquor license and feel there is a 17 need. 18 The protestants are generally people who have 19 not, who, I gather from the testimony , don' t drink, or if 20 they do drink, they don' t drink out. Mrs . Rademacher has 21 protested everybody, everything the Moores have attempted 22 to ao out there with five acres of ground or just over four 23 acres of ground he purchased in good faith from her hus- 24 band, believing at tnat time it was commercially zoned. 25 Some of the older members of the Board can remember all - 45 - 4 1 that history, and the Moores , of course, went to consider- 2 able expense to rectify the zoning problem and are now 3 back to get a license to operate the facility . They have 4 poured their life savings into this particular. project. 5 They are in an area that needs it, in an area that de- sires it , and I submit that the license should be granted. 7 MR. BILLINGS : Mrs . Bacon, you had some 8 rebuttal comments? 9 MRS . BACON: Well, he was saying that Del 10 Camino and Ramada didn't cater to the neighborhood. Well, 11 they do, because there are many local banquets and dances 12 and what have you at both places , because I nave gone to 13 them. 14 MRS. RADEMACHER: Me , too. 15 MRS . BACON: And I 'm not what you would call 16 a highfaluting social person. 17 MRS . ROSS : I have the same thing. I 18 have been to the Ramada and Del Camino and they cater to 19 just about anybody, not just strictly tourists . They 20 always have advertisements for the Ramada for different 21 bands and it' s just a variety of people, I would say. 22 MRS . BACON : And I would say this about them: 23 I have no objection to a restaurant in connection witn that 24 farm implement place. I think that would be a marvelous 25 idea. - 46 - 1 MR. BILLINGS : I believe the Board has heard 2 adequate testimony by both the petitioner and. the oppo- nents to the petition. Unless there are some, other ques- 4 tions by the Board members , the chair will call for. a 5 motion, either to approve, deny, or lay over for further 6 study. 7 MRS . STEINMARK : Mr. Chairman, I believe we 8 should ask for how many in the audience are against, and q then I have one question I would like to ask. 10 MR. BILLINGS : All those in the audience 1'1 opposed to the granting of the application, please raise 12 their hands . 13 (Whereupon three hands were raised) 14 15 MR. BILLINGS : Let the record show there 16 are three present opposed to the granting of the applica- 17 tion, and I had not called for that, June, because I 18 established it by the other count. 19 MRS . STEINMARK: Mr. Chairman, I would like 20 to as.c Mrs. Schmidt a question since I was under a mis- 21 conception that the restaurant had been opened. I would 22 like to ask you, do you have any interest in seeing this 23 business opened? Do you expect to be employed there or. 24 have any financial support from that business at all? 25 MRS . SCHMIDT : No, ma' am. - 47 - 1 MR. BILLINGS : Are there other questions by 2 the Board? 3 (No response) 4 MR. BILLINGS: The chair has called for a 5 move to either approve, deny, or lay over. 6 MR. JACOBUCCI : Mr. Chairman, I would like to 7 make a motion that we lay this over for future decision. 8 MR. CARLSON: Take it under advisement? 9 MR. JACOBUCCI : That's what I intended to do, 10 hope to do , after we lay it over. 11 MR. BILLINGS : Do we have a second to the 12 motion? 13 MR. CARLSON : I second it. 14 MR. BILLINGS : Motion by Jacobucci and second 15 by Carlson to take this under advisement for further 16 study. Please call the roll . 17 CLERK: Carlson. 18 MR. CARLSON : Yes . 19 CLERK: Jacobucci. 20 MR. JACOBUCCI: Aye . 21 CLERK : Moser. 22 MR. MOSER: Yes. 23 CLERK: Steinmark. 24 MRS. STE INMARK: Yes. 25 CLERK: Chairman Glem Billings. - 48 - 1 MR. BILLINGS : Yes. 2 Let the record show the vote is unanimous to lay 3 over for further study. The Board will review this as 4 soon as possible and make a decision. The decision of this 5 Board will be made to both the applicant and protestants 6 as to our decision. 7 Is there other business to come before the Board? 8 (No response) 9 MR. BILLINGS: Hearing none , we are adjourned. 10 Before I adjourn I need to clarify' the record so that our 11 Court reporter has no problems . Her name is Barbara Billings 12 and she is no relation of mine. Let the record so reflect. 13 (Whereupon the meeting was adjourned) 14 15 16 17 18 19 20 21 22 23 24 25 - 49 - 1 STATE OF COLORADO ) ss. REPORTER' S CERTIFICATE 2 COUNTY OF WELD 3 4 I , Barbara Billings , Certified Shorthand 5 Reporter and Notary Public in the State of Colorado, 6 certify that I was present at and reported in shorthand 7 the proceedings had in the above-entitled nearing on the 8 26th day of July , 1976 , and tnat I have since transcribed 9 the proceedings as requested by the County Commissioners , 10 and that the above and foregoing 49 typewritten pages it constitute a full and complete transcript of the pro- 12 ceedings as fully as the same was set fortn in. my short- 13 hand notes taken as aforesaid. 14 Witness my hand and seal at Greeley, Colorado, 15 this second day of October, 1976 . 16 17 1819 72 Barbara Billings , CSR/ 20 21 22 23 24 25 Hello