ARCHULETA COUNTY BOARD OF COUNTY COMMISSIONERS

Transcription

1 ARCHULETA COUNTY BOARD OF COUNTY COMMISSIONERS CALL TO ORDER THE SPECIAL MEETING OF JUNE 5, 2017 AT 8:00 A.M CONSENT AGENDA A. PAYROLL, PAYABLE WARRANTS AND PURCHASE CARDS May 17, June 5, 2017 B. REGULAR MEETING MINUTES Regular Meeting Minutes of Draft of the Regular Meeting minutes of for approval. Documents: R.PDF ADJOURNMENT OF THE SPECIAL BOCC MEETING All meetings to be held in the Archuleta County Administration Offices 398 Lewis Street, unless otherwise stated. All Regular and Special BoCC Meetings are recorded.

2 ARCHULETA COUNTY PROCEEDINGS BOARD OF COUNTY COMMISSIONERS The Board of County Commissioners held a Regular Meeting noting County Commissioners Michael Whiting, Steve Wadley and Ronnie Maez, County Administrator Bentley Henderson, County Attorney Todd Starr and June Madrid County Clerk & Recorder present. Chairman Wadley called the meeting to order at 1:30 p.m. with the Pledge of Allegiance and a moment of silence. Disclosures and/or Conflicts of Interest There were no conflicts for this meeting. County Attorney Todd Starr stated that he did have a conflict of interest for the liquor license transfer and temporary permit request due to the fact he is part owner. He would not be giving any legal advice on those two items. (Liquor Board Authority) Approval or Adjustments to Agenda Executive Session per C.R.S (4) The Board reserves the right to meet in Executive Session for any purposes allowed and announced prior to voting to enter into Executive Session. Chairman Wadley announced that on the Consent Item, Item G, the Shady Grove Garden Homes Phase Two Development Improvements Agreement would be moved to the Land Use Hearing as Item D. Also, there would be an Executive Session per C.R.S (4)(f)(I) for personnel issues and per C.R.S (4)(b) for legal advice on ongoing issues. Commissioner Whiting moved to approve the agenda as amended. Commissioner Maez seconded the motion and it carried unanimously. Public Comments Chairman Wadley stated he was opening the floor for public comments for those wanting to comment on items not on this agenda. Comments were asked to be held to 3 minutes for each person desiring to speak. No response from the Board would be given. Chairman Wadley recessed the Regular Meeting to convene the Liquor Board Authority at 1:33 p.m. Liquor Board Authority Chairman Wadley swore in Flora Goheen Administrative Assistant for testimony. A. PSCG, LLC, dba Pagosa Springs Golf Club Transfer of Hotel & Restaurant Liquor License with Optional Premises from Touchstone Golf, LLC Flora Goheen Administrative Assistant submitted an application from PSCG, LLC dba Pagosa Springs Golf Club to transfer the Hotel & Restaurant Liquor License from Touchstone Golf, LLC. The premises is located at 1 Pines Club Place. There are no changes in the premises. The application was complete and the proper fees collected. The Building Department had inspected the premises for changes and the Sheriff did the background checks. Chairman Wadley stated that the County Attorney would not be involved in this item due a conflict of interest (ownership). Chairman Whiting opened the floor for public comments. 1

3 Comments in Favor of the Transfer Chairman Whiting closed comments in Favor of the Transfer and opened the floor for comments Opposed to the Transfer. Comments Opposed to the Transfer Chairman Whiting closed Comments Opposed to the Transfer and asked for Commissioner Comments. Commissioner Comments Commissioner Maez moved to approve the transfer of the Hotel & Restaurant Liquor License with Optional Premises from Touchstone Golf, LLC to PSCG, LLC dba Pagosa Springs Golf Club to PSGC, LLC dba Pagosa Springs Golf Club located at 1 Pines Club Place, Pagosa Springs, CO. Commissioner Whiting seconded the motion and it carried unanimously. B. PSCG, LLC dba Pagosa Springs Golf Club Temporary Permit to Operate Flora Goheen Administrative Assistant submitted a temporary permit request to the Board in order for the new owners of the Pagosa Springs Golf Club, PSCG, LLC to operate for 90 days. Their application for a transfer of a Hotel & Restaurant Liquor License had been submitted, reviewed and approved. She stated that fingerprints were sent to CBI. Chairman Wadley reminded the Board the County Attorney had a conflict of interest and would not be answering any questions regarding this item. Chairman Whiting opened the floor for public comments. Comments in Favor of the Permit Chairman Whiting closed comments in Favor of the Permit and opened the floor for comments Opposed to the Permit. Comments Opposed to the Permit Chairman Whiting closed Comments Opposed to the Permit and asked for Commissioner Comments. Commissioner Comments Commissioner Whiting moved to approve a 90 day, Temporary Liquor Permit for a Hotel & Restaurant Liquor License for PSGC, LLC dba Pagosa Springs Golf Club located at 1 Pines Club Place, Pagosa Springs, CO. Commissioner Maez seconded the motion and it carried unanimously. Chairman Wadley closed the Liquor Board Authority and convened a Land Use Regulation Hearing at 1:37 p.m. 2

4 Land Use Regulation Hearing Chairman Wadley swore in Planning Manager John Shepard for testimony. A. Fairway Land Trust Minor Subdivision Replat-2017 Planning Manager Shepard submitted a plat for the Board s consideration. He asked for the hearing to be continued. The applicants asked that this item be opened and continued until the Regular Meeting for the Board to be held on June 20, Commissioner Maez moved to continue the Land Use Hearing of Seale request for Exemption Plat approval of the Fairway Land Trust Exemption to June 20, Chairman Wadley asked for public comment. Commissioner Whiting seconded the motion and it carried unanimously. B. Lake Forest Estates Amendment Plat Planning Manager Shepard submitted a plat for the Board s consideration. Shirley Fiedler had applied for the plat which was a replat of Lot 95X in Lake Forest Estates Amendment No. 3 and Lot 96 of Lake Forest Estates Subdivision. The amended plat would result in one lot being 96Z with one existing home. A copy of the staff report will be attached to the minutes. Based on evidence provided, staff recommended the Board find that: a. The application does meet the review criteria for development in a PUD district, in Section of the Archuleta County Land Use Regulations, and b. The application does meet the review criteria for an Amended Plat, in Section 4.6 of the Archuleta County Land Use Regulations. There were no conditions. Chairman Whiting opened the floor for public comments. Comments in Favor of the Plat Chairman Whiting closed comments in Favor of the Plat and opened the floor for comments Opposed to the Plat. Comments Opposed to the Plat Chairman Whiting closed Comments Opposed to the Plat and asked for Commissioner Comments. Commissioner Comments Commissioner Whiting moved to approve the Lake Forest Estates Amendment Plat with Findings a & b with no conditions. Commissioner Maez seconded the motion and it carried unanimously. C. Plat for Shady Grove Garden Homes-Phase Two Planning Manager John Shepard submitted a plat for the Board s consideration. Jeff Hester had applied for the Shady Grove Garden Homes-Phase Two plat. This is a replat of a portion of Lot 6, Block 4 of Lake Pagosa Park. The Minor Amended Plat of the property owned by Jeff W. & Jan C. Hester will result in three townhouse lots and common elements of the existing property owners association, on property zoned Planned Unit Development. A copy of the staff report will be attached to the minutes. 3

5 Based on evidence provided, staff recommended the Board find that: a. The application does meet the review criteria for development in a PUD district, in Section of the Archuleta County Land Use Regulations, and b. The application does meet the review criteria for an Amended Plat, in Section 4.6 of the Archuleta County Land Use Regulations with no conditions. Chairman Whiting opened the floor for public comments. Comments in Favor of the Plat Chairman Whiting closed comments in Favor of the Plat and opened the floor for comments Opposed to the Plat. Comments Opposed to the Plat Chairman Whiting closed Comments Opposed to the Plat and asked for Commissioner Comments. Commissioner Comments Commissioner Maez moved to approve the Shady Grove Garden Homes-Phase Two Plat with Findings a & b and no conditions. Commissioner Whiting seconded the motion and it carried unanimously. D. Shady Grove Garden Homes, Phase Two Development Improvements Agreement. Planning Manager Shepard submitted the Development Improvements Agreement for the Shady Grove Garden Homes, Phase Two. The plat was just approved and now the agreement needs to be approved. The item was removed from the consent agenda because Mr. Hester was able to submit a list of items that can be done now meeting some of the requirements in the Improvements Agreement. Staff suggested the Development Improvements Agreement be amended regarding the financial guarantee required. He asked on page 2, Item 4 subparagraph I where it says the amount to be not less than $32,525 the amount should be replaced with $22,880. Chairman Whiting opened the floor for public comments. Comments in Favor of the Plat Chairman Whiting closed comments in Favor of the Plat and opened the floor for comments Opposed to the Plat. Comments Opposed to the Plat Chairman Whiting closed Comments Opposed to the Plat and asked for Commissioner Comments. Commissioner Comments Commissioner Whiting moved to approve the Shady Groves Garden Homes Phase Two Development Improvements Agreement. Commissioner Maez seconded the motion and it carried unanimously. 4

6 5 Chairman Wadley closed the Land Use Regulation Hearing and reconvened the Regular Meeting at 1:53 p.m. Consent Agenda A. Payroll, Payable Warrants and Purchase Cards for May 3, 2017 through General Fund Payable 134, Road and Bridge Fund Payable 9, Department of Human Services Fund Payable 31, A Fund Payable 33, All Combined Dispatch Fund Payable 13, Conservation Trust Fund Payable 7, Solid Waste Fund Payable 10, Airport Fund Payable 7, Fleet Fund Payable 30, Total 277, General Fund Payroll 158, Road and Bridge Fund Payroll 33, Department of Human Services Fund Payroll 37, All Combined Dispatch Fund Payroll 18, Solid Waste Fund Payroll 8, Airport Fund Payroll 3, Fleet Fund Payroll 9, Total $ 269, B. Regular Meeting Minutes May 2, 2017 C. Renewal of the Hotel & Restaurant Liquor License for Righteous Path, LLC data Coyote Moon Bar & Grill D. Upper San Juan Hospital District Emergency Medical Services Ambulance Licenses E. Renewal of Hagar Site Lease for #500H for owner Doug Dellmore F. Contract with Old Town Market and Archuleta County to provide meals for the Archuleta County Detention s Facility. Jan.1, 2017-Dec.31, $6 Breakfast, $9 Lunch & Dinner, not to exceed $40,000 in the contract year G. Shady Grove Garden Homes Phase Two Development Improvements Agreement (Moved to Land Use Regulations, Item D) H. Resolution Lot Consolidation for lots in Carri-Blanco Cabin Sites for owners Patrick H. & Kathleen I. Disner I. Resolution Lot Consolidation for lots in Carri-Blanco Cabin Sites for owners Patrick H. & Kathleen I. Disner J. Resolution Lot Consolidation for lots in Pagosa Highlands Estates for owners James F. & Karen K. Johnson K. Resolution Lot Consolidation for lots in Pagosa in the Pines Unit 2 for owner Barbara Lee Eden County Administrator Henderson read the Consent Agenda as read. Commissioner Maez moved to accept the Consent Agenda as read. Commissioner Whiting seconded the motion and it carried unanimously.

7 6 New Business A. Request to Purchase a County Held Lien-Daniel & Penny Loper County Administrator Henderson submitted a request to the Board for Daniel & Penny Loper to purchase a county held lien on property under Schedule # for current owners Meadrop Units, LLC. County Treasurer Betty Diller and County Assessor Natalie Woodruff was present to answer questions. There is $19, total tax amount due. Daniel & Penny Loper are offering $7,000 for the property. The Assessor has set the value at $10,000. Anytime a lien might be sold for less than the taxes owed, permission must be received from the Commissioners in order for the Treasurer to proceed with the process. County Treasurer Diller wanted to briefly state that on the list of the taxes that are due and special assessments due, there was $ owed for 2016 that is not part of the lien and has to be paid additionally. The purchasers will also need to pay for the recording of the Deed. The cost of receiving a Treasurer s Deed is around $1,100. (additionally) Commissioner Whiting stated the facts: there is $19, owed and they are offering $7,000. He thought there was a wide disparity here. County Treasurer Diller said that $1,300 is due for the current year taxes which too are not a part of the lien. The property is a ¼ acre lot off of Vista, in Lake Forest Estates. The late taxes due are from Commissioner Maez, said sometimes we leave money on the table when we do these things; the person gets the property and we lose money. Commissioner Whiting agreed. County Treasurer Diller explained too, that a Treasurer s Deed is not a marketable deed. If the purchasers wish to sell before 10 years, they need to go through a quiet title process which would be around another $3,000. Commissioner Whiting moved to approve the purchase of a County held lien for Parcel No , Tax Account #R010327, located at 98 Woodman Dr. Pagosa Springs, CO in the amount of not to exceed $9,500. Commissioner Maez seconded the motion. Chairman Wadley asked for public comment. Bill Hudson of 446 Loma St. asked for clarification of the $9,500 in additional to the $1,300 and $1,100? The Board needs to define the sales price over and above the other costs. It was explained. The Board agreed the motion would be changed. Commissioner Whiting asked to pull his motion. Chairman Wadley stated since there were no objections, the motion was pulled. County Attorney Starr advised the Board they needed to add the names of the people who made the offer to the motion. Commissioner Whiting moved to approve the sale of a County held lien to Daniel & Penny Loper for Parcel No , Tax Account R010327, located at 98 Woodsman Dr., Pagosa Springs, CO in the amount of $8,000. Commissioner Maez seconded the motion and it carried unanimously. B. Archuleta County TANF Transfer Request from Department of Human Services Isabel Vita, Resource Manager of the Archuleta County Department of Human Services submitted a request to the Board for consideration. In accordance with the Works Allocation Committee s (WAC) adopted policy, County Colorado Works/TANF Transfer Requests to the Colorado Department of Human Services are due no later than Friday, June 9. The Archuleta County Department of Human Services and the Prowers County Department of Human Services have reached a mutual agreement whereby Archuleta County would like to transfer $34,000 of our TANF funds to Prowers County. Pending approval by the Works Allocation Committee, it is understood by Prowers County that they will assume responsibility for the corresponding Maintenance of

8 7 Effort. County Administrator Henderson said this is done all over the state. If a county sees they may have funds left over and will not be using them, a county is allowed to pass them to another county who has over spent. This keeps the money being used how it was intended. Commissioner Maez moved to approve the Agreement regarding the transfer of TANF funds. Commissioner Whiting seconded the motion. Chairman Wadley asked for public comments. The motion carried unanimously. C. Resolution Fee Schedule for Archuleta County Weed & Pest Amendment County Administrator Henderson stated that the county is allowed to pray Ethen Proud County Weed Manager has Susan Goebel-Canning Public Works Director submitted a fee schedule for Weed & Pest Department for the Board s consideration. The existing Weed and Pest fee schedule requires adjustment in order to more accurately charge customers for the level of effort provided. The new Weed & Pest Manager Ethan Proud stated the County is currently charging for water only and the not equipment or mix. Federal laws regulate the application of chemicals to ensure that chemical overuse does not negatively impact the environment. As a result, special licensing is required to treat land and tracking of chemicals sold and applied must be properly recorded. Water is used to dilute the chemical in tanks and spray equipment is calibrated according to the type of chemical being applied. Each equipment and chemical will have different calibration requirements, different mix ratios and different capacity to treat property. For example, spraying from the truck with a handgun will have a vastly different rate verses a spray arm (80 gallons per acre and 30 gallons per acre respectively). The current billing process applies a flat rate charge of $1.35 per gallon of tank mix regardless of the chemical being used. Since each chemical has a different mix ratio and a different cost, charging a set rate of $1.35 only reflects how much mix is applied, not chemical used or acres treated. Labor is currently charged at $50 an hour per employee. Equipment, fuel and trip charges appear to not be regularly applied. Proposed Rates: ATV with Spray Equipment: $35/hr. Spray Truck: $40/hr. (1 note) Labor: $35/hr. per person (1 note) Chemical: $Purchase Cost + 10% (1, 2 notes) Notes: 1- Current rates for Road and Bridge: Pick Up Truck is $35/hr., Labor is $35/hr., Administrative Fee is $25/hr. 2- Weed and Pest Administrative fees will be incorporated as a percentage of the chemical being sold or used since hourly billing is not practical. Commissioner Whiting moved to approve Resolution adopting the Amended 2017 County Fee Schedule. Commissioner Maez seconded the motion. Chairman Wadley asked for public comment.

9 Bill Hudson of 446 Loma St. stated his concern that the Board, when trying to get top dollar for getting rid of noxious weeds, may deter a family that cannot afford your high fees. The motion carried unanimously. D. State of Colorado, Department of Higher Education Grant Agreement with Pagosa Springs Rotary Community Assistance Fund and Archuleta County County Administrator Henderson submitted a Grant Agreement with the Pagosa Springs Rotary Community Assistance Fund, Archuleta County and State of Colorado, Colorado Department of Higher Education on behalf of the Colorado Opportunity Scholarship Initiative. This Grant Agreement addresses the second phase of the Scholarship Initiative which is to build a scholarship fund leveraged by matching funds from nonprofit and private donors designed to incentivize increased scholarship giving in the State of Colorado. The Scholarship Initiative shall distribute grants for matching student scholarships to entities committed and able to provide matching funds and not directly to students. This had been previously discussed by the Board and staff was instructed to bring forward the final grant approval to be executed. Commissioner Maez moved to approve a Grant Agreement between the State of Colorado, Colorado Department of Higher Education, Pagosa Springs Rotary Community Assistance Fund and Archuleta County. Commissioner Whiting seconded the motion. Chairman Wadley asked for public comment. The motion carried unanimously. E. Resolution Supporting the Rural Jump-Start Zone Program County Administrator Henderson submitted a resolution to the Board for consideration. It supports the Rural Jump-Start Zone Program (based on Senate Bill ) which was a tax relief program for new businesses and new hires who locate into certain designated areas called Jump-Start Zones. The Board recognizes that participation would be beneficial in effort to increase economic development in the County. This has worked in Mesa County but they actively went out and sought businesses. Commissioner Whiting moved to approve Resolution expressing the Board of County Commissioners support in being recognized as a participant in the Rural Jump- Start Zone Program. Commissioner Maez seconded the motion. Chairman Wadley asked for public comment. Susan Hittson of 1172 Scenic Ave. asked who sets the rules and was told the state. Bill Hudson of 446 Loma St. felt there was a downside to this program and thought it would hurt the current businesses. The motion carried unanimously. Public Comments Chairman Wadley stated that he was opening the floor to public comments for those wanting to comment on items not on this agenda. Comments were asked to be held to 3 minutes for each person desiring to speak. No response from the Board would be given. Bill Hudson of 446 Loma St. passed out a paper where he had done his own calculations with the figures Sheriff Valdez had given the Board on May 2 nd. He included his views and opinions regarding the transporting and detention expenses and how he felt they related to the construction of a new facility. 8

10 Chairman Wadley stated the Board would be going into Executive Session and asked for a motion. Executive Session Commissioner Maez moved to go into Executive Session per C.R.S (4)(f)(I) for purposes of discussing personnel matters and per C.R.S (4)(b) for legal advice for ongoing legal matters. Commissioner Whiting seconded the motion and it carried unanimously. Chairman Wadley stated those going into the Executive Session would be the three Commissioners, County Administrator Henderson, County Attorney Starr and County Paralegal Tonya McCann. When it came time for the personnel portion, County Attorney Starr would leave the Executive Session. (He did leave the Executive Session at 3:05 p.m.) Chairman Wadley recessed the Regular Meeting to convene the Executive Session at 2:36 p.m. Chairman Wadley reconvened the Regular Meeting at 3:28 p.m. Chairman Wadley directed Staff to start a search for a full time attorney. With no further business coming before the Board, the meeting was adjourned at 3:29 p.m. Approved this 6 th day of June June Madrid County Clerk & Recorder Steve Wadley, Chairman 9