Gunnison County Email Policy

7/31/2019 Gunnison County Email Policy

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GUNNISON COUNTY BOARD OF COMMISSIONERSREGULAR MEETING MINUTES

JULY 16, 2001

The July 16, 2001 Board of Commissioners meeting was held in the Commissioners

Meeting Room at the Courthouse.

Present were:

Fred Field, ChairpersonJim Starr, Vice-ChairpersonPerry Anderson, CommissionerJohn DeVore, County ManagerKelly Balch, Administrative AssistantOther staff as listed in text

CALL TO ORDER: Chairperson Field called the meeting to order at 8:30 a.m.

MINUTES APPROVAL: Moved by Commissioner Starr, seconded by CommissionerAnderson to approve the June 19, 2001 Public Hearing Minutes, as amended. Motionpassed unanimously.

Moved by Commissioner Starr, seconded by Commissioner Anderson to approve theJuly 3, 2001 Regular Meeting Minutes, as amended. Motion passed unanimously.

FOLLOW-UP ACTION LEDGER: The Board reviewed and updated the follow-upaction ledger.

HEALTH CARE CENTER FOOD SERVICE: Les Layman, Ersun Ozer, and Jackie

Devos of Sodexho Marriott Services met with the Board in response to concernsregarding food service at the Gunnison Health Care Center. The Board had sent aletter to Marriott on June 19, 2001 regarding this issue, and requested todaysmeeting as a follow-up. Les Layman, Sodexho Marriott District Manager, reported thatweekly meetings have been held with staff, residents, and interested family membersto discuss the types of changes needed in the food service. He is committed toworking out the problems that have been identified. Jackie Devos has been splittingher time between food service at the Hospital and at the Health Care Center, withnight and weekend supervisors being put into place at both locations. Shesummarized numerous menu, procedural and environmental changes that have beenimplemented at the Health Care Center. The Board agreed that the changes appearto be positive, and suggested a follow-up meeting in ninety days to review the status at

that point.

COUNTY MANAGER CONTRACT: County Manager DeVore requested a date changeto his contract which the Board reviewed recently in work session. He is nowrequesting that his contract be extended to June 30, 2005, rather than December 31,2004, so that he will be available for the transition to a new County Manager duringthe period following the election for two Commissioner positions. Formalconsideration of the contract will be scheduled on the August 7 agenda.

EXTENSION AGENT: County Manager DeVore reported that Extension Director KimFabrizius has requested Board consideration of special State funding which wouldhelp the County bring a current half-time agent position to a full-time position. The

County would be required to provide a match of $4500 to $4700 per year.Chairperson Field stated that he would like to discuss this request further with Ms.Fabrizius as well as get comments from the Extension Advisory Committee prior to


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recording of some executive sessions and the keeping of those tapes for 90 days, he isrecommending that an amendment to the records retention policy be adoptedaccordingly. The amendment would require that recordings of the appropriateexecutive sessions will be maintained for 90 days, and destroyed on the 91 st day.

Moved by Commissioner Starr, seconded by Commissioner Anderson to modify our

records retention policy as set forth in the document dated 7-16-01, a memo from theBoard to all department heads and elected officials, and that we authorize execution ofthat document. Motion passed unanimously.

FIRE BAN: County Manager DeVore stated that the possible fire ban listed on theagenda is not needed at this time.

LOT 22 FINANCING OPTIONS: County Manager DeVore stated that two proposalshave been received from local banks regarding financing of Lot 22 Gunnison CenterProperties. One bank has requested an extension of the deadline for proposals to 5p.m. today. The Board agreed to extend the deadline and all proposals will beopened at the same time.

HOUSING AUTHORITY: Chairperson Field recessed the Board meeting and called toorder a meeting of the Gunnison County Housing Authority at 9:30 a.m.

County Manager DeVore presented a contract for the Section 8 Voucher Program. Hestated that the County currently administers 35 vouchers for rental assistance.

Moved by Commissioner Starr, seconded by Commissioner Anderson to authorizeexecution by the Chairperson of the Section 8 Housing Voucher Program contract forthe period of time through June 30, 2003. Motion passed unanimously.

The Housing Authority meeting was adjourned at 9:50 a.m. and the Board ofCommissioners meeting was called back to order.

Chairperson Field left the meeting, to return later this morning.TREASURERS REPORT: County Treasurer Alva May Dunbar was not present. TheBoard had some questions regarding the interest report provided by her and requestedthat she be asked to attend the August 7 meeting to discuss those questions.

Moved by Commissioner Anderson, seconded by Commissioner Starr to accept theTreasurers Report for June, 2001. Motion passed.

PUBLIC HEARINGSpecial Events Liquor License for Crested Butte Land Trust

Vice-Chairperson Starr called a public hearing to order at 10:08 a.m., regarding anapplication from the Crested Butte Land Trust for a special events liquor license. Theevent is scheduled for August 25. County Clerk Joanne Reitinger was present andreported that this application was properly posted on premise and did not require alegal ad in the newspaper. No members of the public commented on this licenseapplication.

The public hearing was closed at 10:10 a.m.

PUBLIC HEARINGNew Tavern Liquor License for Outpost Grocery in Crested Butte South


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Tom Handley, appearing on behalf of applicant Morgan Cavanaugh, reported thatthere is a food service area in the building. It is designed as a small deli within thegrocery area. He added that Mr. Cavanaugh and his family live upstairs in thebuilding, so he does not believe that the operation is intended to be open late at night.Molly Sloan looked at the floor plan of the building and said that the plan including

the seating area has not been submitted for approval to the Crested Butte Southreview committee.

County Clerk Reitinger responded that it is typical for a liquor license to be applied forin advance of a business opening, due to the length of the process. She said that it isthe licensees responsibility to assure that all applicable requirements are met. If theywere to serve liquor under the tavern license without serving food, that would be aviolation of the license and sufficient grounds for action.

Vice-Chairperson Starr noted the identification of the neighborhood per state liquorlicensing regulations, and the acceptance of comments from that definedneighborhood. He acknowledged the comments of those present today as being fromthe relative neighborhood. He added that the establishment is not within 500 feet of aschool. Molly Sloan responded that there is a new preschool being developed aboutfour blocks away. County Attorney Baumgarten was asked to review statutesregarding the definitions of schools for liquor licensing purposes. He did so, and readthe statutory definition which defines schools as those serving grades 1-12.

Vice-Chairperson Starr asked Mr. Handley if it is the proponents position that theliquor license would meet the reasonable needs of the area. Tom Handley respondedthat the area is growing, with more full-time residents, and there is only one otherplace to dine in the area. He added that Morgan Cavanaugh was preparing somepetitions in support of his application, but he was called out of town on an emergency

before they were finalized.


PUBLIC HEARINGNew Liquor Store License for Cement Creek Spirits in Crested Butte South

Vice-Chairperson Starr called a public hearing to order at 10:28 a.m., regarding a newliquor store license applied for by Morgan Cavanaugh for Cement Creek SpiritsCorporation. County Clerk Joanne Reitinger noted that this hearing was properlynoticed. The location is 228 Elcho Avenue. This is the same building previouslydiscussed for the tavern license above. There will be a liquor store on one end, with

the grocery store and tavern on the other, and residential living quarters on thesecond floor.

Tom Handley, on behalf of Morgan Cavanaugh, stated that the area is growing and hebelieves having a second liquor store in Crested Butte South can create choice andcompetition beneficial to the community.

Molly Sloan, Red Mountain Liquors owner, advised the Board of a regulation adoptedby the Colorado Department of Revenue in January of 1999 regarding the undueconcentration of licensing. She asked the Board to consider the location of two liquorstores in close proximity. She added that the nearby Cement Creek Tavern also holdsa liquor license. She does not believe there is a need for another off-premise license

in the area, and submitted a petition with 42 signatures of persons who also agree.She added that the community would be better served by a convenience store.


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Tom Handley responded that the licensing locations would be in close proximity due tothe commercial layout of the subdivision. He added that Mr. Cavanaugh wants tooffer more choice and convenience, and his liquor store would be smaller than RedMountain Liquors.


SPECIAL EVENT LIQUOR LICENSE: Moved by Commissioner Anderson, secondedby Chairperson Field to approve a new application for a special events full liquorlicense for the Crested Butte Land Trust August 25 event. Motion passed.Commissioner Starr abstained.

OUTPOST GROCERY TAVERN LICENSE: Moved by Commissioner Starr, secondedby Commissioner Anderson to approve a new tavern liquor license for the OutpostGrocery in Crested Butte South. Motion passed unanimously.

CEMENT CREEK SPIRITS LIQUOR STORE LICENSE: Moved by CommissionerStarr, seconded by Commissioner Anderson to approve the new liquor storeapplication for Cement Creek Spirits. Although concerned about the proximity of thetwo establishments, there is a relatively small commercial area for that subdivision.Given the growing size of that subdivision and the competitive aspect of having twoestablishments, it is appropriate to grant a license. Motion passed unanimously.

Commissioner Anderson commented that competition is within the Boards criteria ofreview, but a denial can only occur upon certain findings of fact. He does not see anyspecific finding for denial.

PUBLIC HEARINGPetition for Waiver of Road and Bridge Standards

Submitted by Leslie and Karen Pagone

Chairperson Field called the public hearing to order at 10:45 a.m. Public WorksDirector Marlene Crosby was present. The applicants were represented by attorneyNancy Essex and property owner Dave Davis.

Marlene Crosby stated that the hearing was properly noticed. The location of theexisting road being discussed is north of Highway 92 (Black Mesa). The petition isrequesting waiver of road standards through the 35+ acre parcels referred to as thePagone Properties. The road is currently seasonal access only. Ms. Crosby reportedthat neither she nor her staff are familiar with this road and chose not to go on a sitevisit until after the Board discussed the application today and made comments.

Dave Davis added that the Forest Service has an easement on the road through thePagone Properties; the length of road is less than two miles.

Nancy Essex stated that the Pagone Properties have been divided into 35 acre parcels.At the time of that action, the Pagones said they were told that the roads did not needto comply with County standards. Several building permits have been issued andconstruction has taken place on some of the parcels. Since that time, one propertyowner applied for a building permit and was told that further permits would not beissued until the road was brought up to appropriate standards.

Marlene Crosby noted that the property owners in the Pagone Properties haveexecuted a road maintenance agreement among all lot owners. The maintenance

agreement indicates a twenty foot easement width. She also stated that some roadswith a Forest Service easement are not open for public access. Nancy Essexresponded that the Forest Service has a non-exclusive easement.


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to it in the future if he wants. Marlene Crosby commented that it would be difficult towinter maintain a road where there is only a twenty foot wide easement.

County Attorney Baumgarten noted that the petition for waiver of road standards is onbehalf of the owners of six of the eleven parcels. He suggested that the other propertyowners be given the opportunity to review this proposal and comment as well. Nancy

Essex responded that the road waiver should not be adverse to the property ownersunless they would rather pay to bring the roads up to county standards. The currentsituation does not allow them to build without bringing the roads up to standards orobtaining a waiver.

Public Works Director Crosby will schedule a site visit and report back to the Board.Due to the short building season, this issue may be scheduled for a special Boardmeeting prior to the August 7 regular meeting date.

General discussion followed regarding how many other similar areas there are in theCounty. County Attorney Baumgarten suggested that a general policy could bedeveloped for these instances, however, Public Works Director Crosby believes thateach area is so different that a general policy would be difficult to create.Chairperson Field stated concern with requiring a road to be improved in excess of thereal need. County Attorney Baumgarten and Public Works Director Crosby will worktogether on some general guidelines.

HOSPITAL BOARD: The Board interviewed Debra Morris, Bill Matthews, and RobertBrinkman for one vacancy on the Hospital Board of Trustees. A decision will be madelater in the meeting.

AIRPORT LAND ACQUISITION: County Attorney Baumgarten reported that specialcounsel Marlin Opperman is available for consultation regarding airport land

acquisition issues.

Moved by Commissioner Starr, seconded by Commissioner Anderson that the Boardgo into executive session with the County Attorney and special counsel MarlinOpperman (via speakerphone) to discuss the acquisition of real property and relateddiscussion with the attorneys. Motion passed unanimously.

The Board met in executive session from 12:20 to 1:10 p.m. Chairperson Field calledthe meeting back to order and reported that during the executive session there hadbeen discussion regarding setting a meeting on July 26thwith the Countys counseland the property owners counsel to discuss the land acquisition.

FOREST SERVICE PLAN UPDATE: GMUG Forest Supervisor Bob Storch waspresent, along with Forest Service Planner Carmine Lockwood and Forest Service FireControl Officer Steve Marquardt.

Carmine Lockwood made a presentation regarding the Forest Plan Revision Process.The Forest Plan was defined as doing the following: 1) Sets goals and objectives; 2)Provides management area direction; 3) Sets up monitoring and evaluationrequirements; 4) Designates lands suitable/not suitable for timber production andother management activities; and 5) Makes recommendations to Congress forWilderness, Wild & Scenic Rivers, and other special designations. The project is inits initial stages and will be completed in four to five years. Although GunnisonCounty had previously requested that there be a separate plan for the Gunnison

National Forest, that will not occur. Each forest will have its own specifics developedbut they will all be integrated into one plan.


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BAXTER GULCH: Bob Storch reported that the Baxter Gulch file has gone to theOffice of General Counsel, and no response has been returned yet. He believes thatthey understand the Countys interest in prioritizing this issue, and may be requestingadditional information.

ROADLESS AREAS: Bob Storch stated that the Roadless Areas designations are on

hold; a new scoping period will begin on the proposed rules.

HIGHWAY 135 TRAFFIC STUDY FOR HAUSLER PROJECT: Gary Hauslerdiscussed his recent meeting with Colorado Department of Transportation (CDOT)staff regarding the intersection of Highway 135 and County Road 11 as related to hisBonanza Development proposal. He has also obtained an estimate from a trafficconsultation company for a necessary traffic study for that intersection. He asked theCounty to consider cost sharing in that study, because there are existing traffic issuesat and in the area of that intersection. He added that there are State funds availablefor traffic studies, but those funds would have to be secured by the County. He alsomentioned that there are difficulties with a school bus stop in that area. ChairpersonField asked if the School District would help fund the study due to bus stop concerns.

Discussion ensued regarding the scope of the study to be performed. Gary Hausler isconcerned with being required to pay for a study in the broader area north and southof the County Road 11 intersection. Commissioner Starr suggested that staff checkinto possible funds available for the traffic study, and the scope of work needed. Hesaid that if the County were to decide to commission a traffic study for a broader area,Mr. Hausler would need to provide a contribution toward it. Public Works DirectorCrosby will obtain the information requested.

HOSPITAL BOARD APPOINTMENTS: Moved by Chairperson Field, seconded byCommissioner Anderson to appoint Bill Matthews to the Hospital Board for the term

expiring January, 2006. Motion passed unanimously.

PLANNING COMMISSION APPOINTMENT: Moved by Commissioner Anderson,seconded by Commissioner Starr to appoint Tom Stoeber to the regular position on thePlanning Commission vacated by Sarah Trees, for a term expiring January, 2003.Motion passed unanimously. The Board directed that the resulting alternate vacancyby re-advertised.

SPRING CREEK RESORT LAND USE CHANGE: Planner Neal Starkebaumpresented and reviewed the Planning Commissions unanimous recommendation ofapproval for the Spring Creek Resort preliminary plan application to convert the use ofthe existing resort, and to create six new single-family lots. Applicants Ron and Dee

Pflumm were present, along with their representative Dave Foley. Neal Starkebaumstated that the Planning Commission and staff believe that all of the conditionsitemized at Sketch Plan have been met. Dave Foley noted that there had beenparticular concern with the location of septic systems and wells for each lot. Thoselocations have now been worked out. Ron Pflumm stated that the existing cabinswhich will no longer be used are going to be sold, torn down, or moved as soon aspossible.

Commissioner Starr asked about the location of a ditch that must be relocated. NealStarkebaum showed the location and stated that all Axtell ditch right owners werenotified and consented to this change.

Neal Starkebaum noted that one Planning Commission condition was inadvertentlyleft out of the recommendation. He requested that condition #14 be added, as follows:The applicant shall investigate the feasibility of installing a dry hydrant system in


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MT. CRESTED BUTTE SITE APPLICATION: County Manager DeVore distributed andreviewed a proposed letter to Mt. Crested Butte Water and Sanitations attorney, RufusWilderson, regarding the payment of technical assistance obtained by GunnisonCounty for review of the wastewater treatment plant site application. CountyAttorney Baumgarten prepared an attachment to the letter, outlining the authority forthe Countys requirement that the applicant pay consultation fees. The Board

requested that the letter be amended to require a specific date of response. The letterwas revised and signed later in the meeting.

DOE INSTITUTIONAL CONTROLS: The Board held a work session with Departmentof Energy (DOE) personnel on July 13, regarding the institutional control program anda requested scientific study. County Attorney Baumgarten advised the Board ofexisting County requirements for properties to tie-in to the Dos Rios water system.This includes what was required of Dos Rios property owners when the water systemwas created in the early 1990s, and current LUR language requiring properties within400 feet of a community system to connect to it. County Manager DeVore advisedDOE today that there may be capacity in the Countys current water system to servethe area proposed for institutional controls, but water lines are not installedthroughout the area. He feels that DOE should be asked to fund the expansion of thewater system to serve all properties within the institutional control area.

Discussion ensued regarding the proposed boundary of institutional control. TheBoard wants to assure that the boundary is defined according to scientific data for theprotection of the publics health and welfare.

CHAIR MOUNTAIN RANCH SUBDIVISION COVENANTS: Planning Director JoanneWilliams presented a request for the amendment of covenants at the Chair MountainRanch. This subdivision was approved in the late 1970s. The current propertyowners developed and agreed upon the proposed revisions, which are intended to

clarify association issues and comply with County regulations. She recommendedapproval of the requested changes. The Board agreed, and asked that a resolution beprepared for this purpose.

OHIO CITY POST OFFICE: Kathy Ashwood of the Historic Preservation Commissionand Lynn from the Gunnison Post Office appeared under unscheduled citizens. Atthe last Commissioners meeting, it was agreed that the mailboxes in Ohio City couldbe moved to the historically-designated Ohio City Jail property owned by the County.This would require a public hearing of the County Historic Preservation Commissionfor alteration of the designated site. The public hearing was scheduled for July 19,however, the newspaper did not run the legal notice last week. County AttorneyBaumgarten suggested that the legal notice be run this week on July 19 th, and that

the public hearing be held on that date and then continued for one week to meet thelegal requirements. Chairperson Field confirmed with the Gunnison Country Timesthat the public notice could be sent in today in time to appear in this weeks paper.Kathy Ashwood will proceed in the manner discussed.

LOT 22 FINANCING OPTIONS: County Manager DeVore summarized the four loanproposals received for Lot 22 in the Gunnison Center Properties. They were from:Wells Fargo, Community First National Bank, Community Banks of Colorado, andGunnison Savings and Loan. The amount to be financed is $490,000. Thesimilarities and differences of the loan proposals were reviewed.

The Board agreed to proceed with the lease/purchase proposal submitted by

Community First National Bank. The interest rate is 4.7% calculated on a five yearperiod before restructuring, and debt payments are based on a twenty yearamortization. Closing costs are included within the amount to be financed. Payments


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MT. CRESTED BUTTE WASTEWATER PLANT: Steve Glazer appeared underunscheduled citizens regarding new information from the Water Quality ControlCommission Grand Junction office regarding the Mt. Crested Butte wastewater plantdischarge permit. He believes that the discharge standards are now less stringentthan previously. He stated that the information was dated June 29, 2001 and hebelieves the County has thirty days to respond. He asked the County to have staffreview the new information, obtain a review from the Countys consultants, andcomment to the WQCC. He stated particular concern with the ammonia limits whichpotentially cause increased algae blooms in the valley. County Attorney Baumgartenasked if Mr. Glazer is concerned that the Board approved a site application for theplant under the old standards, and that a new analysis should take place along withpotential reconsideration of the site application approval. Mr. Glazer responded thathe is not asking the Board to reconsider its approval, but rather to analyze the newinformation and provide comments to the State as necessary.

Planning Director Joanne Williams was present and suggested that the Board requesta thirty day period from the State, from todays date, to allow staff and its consultantsto review the new information. Commissioner Starr added that the Board should beassured that the site application signed off on was reviewed with the same standardswhich the State will use and in addition, to assure that the additional information isnot something that will trigger a 1041 process.

Rufus Wilderson, attorney for the Mt. Crested Butte Water and Sanitation District,was present along with Frank Glick and Stewart Johnson of that District. Mr.Wilderson summarized the new information from the WCQQ. He believes that theinformation includes corrections of initial errors in the standards related to this site.He added that standards for Woods Gulch are more stringent than previously. Hestated that the engineering design of the Mt. Crested Butte wastewater treatment plantis not being changed.

The Commissioners agreed that its consultants, RTW, should be asked to review thenew information and also determine the deadline for any new comments to the State.Staff will report back to the Board on the results of this inquiry.

LOT 22 FINANCING: County Manager DeVore stated that Community Banks ofColorado asked to revise their loan proposal, however, he still recommends that thelease purchase agreement proceed with Community First National Bank because theloan rate is locked in for five years. The Board agreed.

CHAIR MOUNTAIN RANCH COVENANTS AMENDMENT: Planning Director Williamspresented the resolution approving the covenants amendments for the Chair Mountain

Ranch. She noted a typographical error that needs corrected prior to signature. TheBoard agreed to approve the resolution and sign it as soon as the final copy isprepared.

Moved by Commissioner Starr, seconded by Commissioner Anderson to adoptResolution #2001-26, A RESOLUTION APPROVING CHANGES IN COVENANTS FORCHAIR MOUNTAIN RANCH SUBDIVISION FILING NO. 2, as presented, with theamendment to the second whereas clause to state, Whereas, the Gunnison CountyPlanning staff has reviewed the proposed changes and recommended that saidchanges be accepted. Motion passed unanimously.

WETBANK PROPOSAL: County Manager DeVore provided the Board with a copy of

the contract proposal from Wetbank, regarding airport wetland mitigation. The Boardwill review the information and await additional information from the Corps ofEngineers.


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ADJOURN: The July 16, 2001 meeting was adjourned at 5:35 p.m.

********

__________________________________Fred R. Field, Chairperson

__________________________________Jim Starr, Vice-Chairperson

__________________________________Perry Anderson, Commissioner

Minutes Prepared By:

__________________________________Kelly Balch, Deputy County Clerk

Attest:

__________________________________Joanne Reitinger, County Clerk


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GUNNISON COUNTY BOARD OF COMMISSIONERS

ATTACHMENT TO MINUTES

OF RESOLUTION TEXT

BOARD OF COUNTY COMMISSIONERS OF GUNNISON COUNTY

RESOLUTION NO. 26 SERIES 2001

A RESOLUTION APPROVING CHANGES IN COVENANTS FOR CHAIR MOUNTAIN RANCHSUBDIVISION FILING No. 2

WHEREAS, seventy-five percent of the homeowners of the Chair Mountain RanchSubdivision Filing No. 2 have submitted the Amended and Restated Declaration of Covenants,Conditions and Restrictions for Chair Mountain Ranch Subdivision Filing No. 2; and

WHEREAS, the Gunnison County Planning Staff has reviewed the proposed changes andrecommended that said changes be accepted; and,

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of

Gunnison County, Colorado, that the Amended and Restated Declaration of Covenants,Conditions and Restrictions for Chair Mountain Ranch Subdivision Filing No. 2 is herebyapproved, and shall be required to be recorded in full.

THIS RESOLUTION AND THE APPROVAL GRANTED HEREBY shall not be effectiveunless and until a copy is recorded in the Office of the Clerk and Recorder of Gunnison County.

INTRODUCED by Commissioner Starr, seconded by Commissioner Anderson , and passedon this 16th day of July, 2001.

BOARD OF COUNTY COMMISSIONERSOF GUNNISON COUNTY, COLORADO

Fieldyes; Starryes; Anderson - yes


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GUNNISON COUNTY BOARD OF COMMISSIONERSREGULAR MEETING MINUTES

February 1, 2005

The February 1, 2005 Board of Commissioners meeting was held in the Commissioners MeetingRoom at the Courthouse. Present were:

Jim Starr, Chairperson John DeVore, County ManagerHap Channell, Vice-Chairperson Kelly Balch, Clerk to the BoardPaula Swenson, Commissioner Others Present As Listed In Text

CALL TO ORDER: Chairperson Starr called the meeting to order at 9:00 a.m.

MINUTES APPROVAL: Moved by Commissioner Swenson, seconded by CommissionerChannell to approve the January 18, 2005 Minutes as amended. Motion passed unanimously.

CONSENT AGENDA: Moved by Commissioner Swenson, seconded by Commissioner

Channell to approve the consent agenda items and authorize execution of those documents.Motion passed unanimously. The items approved are as follows:1. CDPHE Contract Amendment to Maternal & Child Health Care Program2. Memorandums of Agreement for 2005 Budgeted Funds:

a) Pitkin Historical Society - $2000b) Gunnison Valley Alliance for Restorative Justice - $2000c) Crested Butte Heritage Museum - $5000d) Gunnison Country Chamber of Commerce - $10,000e) Western Slope Philanthropy Days - $500f) Office for Resource Efficiency - $10,000g) Upper Gunnison River Water Conservancy District - $11,280h) Gunnison County Historical and Pioneer Society - $10,000i) Northwest Colorado Legal Services - $4500j) American Institute for Avalanche Research and Education - $2000k)

Crested Butte Nordic Council - $10,000l) Hospice of the Gunnison Valley - $5000

m) Six Points Evaluation and Training - $6000n) Adaptive Sports Center of Crested Butte - $1500o) Colorado Water Workshop - $1000

BOARD RETREAT REPORT: County Manager DeVore provided a summary of topicscovered during the Boards retreat held on January 16 and 17. The Board reviewed anddiscussed the list of priorities and projects. Additions and changes were made and the list will

be adopted at the next regular meeting.

DETENTION CENTER: The Board concurred with the need to place a new DetentionFacility high on the Countys priority list. Chairperson Starr asked for Board input on whether

to place this matter on the ballot this November. Commissioner Swenson responded that if theadjacent property issues could be resolved that this project should move forward.Commissioner Channell agreed to work toward that goal unless something major arises toprevent it. Chairperson Starr requested that staff prepare a timeline of Board actions requiredfor placing this matter on the ballot as well as working through the parking, property, and Cityreview issues. It was suggested that the Board will need to make a decision on the size of thefacility before proceeding much further.

COUNTY MANAGER CONTRACT : County Manager DeVore presented amendments to hiscontract related to his title change, severance provisions, and example of duties. Theseamendments were discussed with the Board at the retreat.

Moved by Commissioner Swenson, seconded by Commissioner Channell to approve theSecond Amendment to the Gunnison County Manager Agreement Dated August 7, 2001.Motion passed unanimously.


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RECORD OF WORK SESSION POLICY: County Manager DeVore presented the draftpolicy discussed with the Board at the January 25 meeting regarding the staffing, recordkeeping,and reporting on Board work sessions. The primary staff person attending each work sessionor other non-recorded meeting involving the Board will be responsible for providing a writtenand/or oral report at the next regular Commissioners meeting. If a staff person is not present at

a meeting, a Commissioner will provide an oral report.

Moved by Commissioner Swenson, seconded by Commissioner Channell to adopt the policy forthe recording of work sessions. Motion passed unanimously.

SCHEDULING: Upcoming meetings were reviewed and confirmed.

COUNTY MANAGER TRAVEL: County Manager DeVore received permission from theBoard to travel to a meeting of the Yampa Valley Airport Commission on March 10 to discussGunnison Countys creation of a Rural Transportation Authority. Yampa Valley will pay thecosts of this trip.

PUBLIC HEARINGPetition for Waiver of Road Standards

Submitted By O. A. Pesnell

Chairperson Starr called the public hearing to order at 10:02 a.m. Assistant County ManagerCrosby confirmed proper publication and notification of this hearing. Assistant Public WorksDirector Allen Moores, Deputy County Attorney Tom Dill, Bob Stuplich, and Chris Osmundson(via phone) were also present. The petitioner was not present.

Assistant County Manager Crosby displayed a map of the location and reported that Pesnell isrequesting a waiver from the sixty foot wide easement requirement to access his property.

Although Pesnell currently has a residence accessed by a forty foot wide easement through Butte

Pastures subdivision, County standards would require a sixty foot wide easement to access thePesnell property with the new caretaker residence proposed. The caretaker residence would bethe third residence accessed by this road, which is the factor according to County standards thatincreases the required road easement width. Pesnell attempted to obtain a highway permitfrom CDOT to access his property from Highway 135 instead of through Butte Pastures, but thepermit was not approved. The Crested Butte Fire Protection District has submitted a letterstating no safety concerns with this request. Chris Osmundson, adjacent property owner,described the parcels and road access. He may also need to apply for a waiver of road width forplanned construction on his lot in the future.

Assistant County Manager Crosby stated that the access is already constructed in the forty footeasement and traffic is not a concern. The only concern of Public Works is that this arearequires more snow storage than the easement. She said the Board must evaluate themovement of traffic and safety issues in order to make a decision on this request.

Bob Stuplich provided a copy of the easement granted to Pesnell for access through ButtePastures. This easement only allows Pesnell to use the forty foot access through Butte Pasturesfor one single family home. Further subdivision of the Pesnell property or construction ofadditional residences nullifies this access easement. Stuplich also provided a copy ofcorrespondence sent to Pesnell in October, 2004 listing items that would need to be provided inorder for Stuplich/Butte Pastures Homeowners Association to consider changing the easementto allow access through Butte Pastures to the proposed caretaker residence.

The Board agreed that O.A. Pesnell needs to resolve easement issues with the Butte PasturesHomeowners Association before the County considers granting the requested road waiver. Bob

Stuplich asked if the County has any other issues than those listed in his previouscorrespondence to Pesnell. Public Works staff will take a look at the site. This request for

waiver of road standards can be tabled until it is ready to proceed further.


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ROGALSKI LETTER: The Board signed a letter to Vince Rogalski thanking him for hisservice on behalf of Gunnison County in regional and state-wide transportation issues.

CRESTED BUTTE SHOP: Assistant County Manager Crosby reported that the new propanefurnace has been installed in the Crested Butte Shop and operating efficiency is at 98%. The oldfurnace operated at 50% efficiency. Plans are still in place to also install a waste oil furnace.

DOS RIOS WATER LEAK: Assistant County Manager Crosby advised the Board that therewas a very large leak in the Dos Rios water system this past weekend. Once the location wasidentified and repairs were made, it was determined that the valve had deteriorated due togroundwater and soil conditions. She feels this was an example of why it should not beassumed that maintenance can be deferred because the system is fairly new. This needs to beconsidered when developing the rate structure.

SNOW REMOVAL: Assistant County Manager Crosby reported on costs for snowplowingthis January. Equipment costs alone were $90,000. Much snowplowing has occurred duringthe weekends, and she said the labor costs to pay overtime to have every district plowing is$20,000 per day. She said that the additional costs incurred this winter may result in having

less money to spend on summer maintenance projects.

HUTF REPORT: Assistant County Manager Crosby requested Board signature of the annualHighway Users Tax Form. The only addition to this years mileage has been the portion of EstyLane which the County is now maintaining.

Moved by Commissioner Swenson, seconded by Commissioner Channell to approve theColorado Department of Transportation County Signature Sheet for Roads for 2004. Motionpassed unanimously.

REPORT ON SAGE GROUSE WORK SESSION: Assistant Public Works Director AllenMoores submitted a written summary of the January 25 work session regarding the Rangewide

Sage Grouse Conservation Plan.

BOARD COMMENTS REGARDING SAGE GROUSE PLAN: A draft letter ofcomments regarding the Rangewide Sage Grouse Conservation Plan was presented to the Board

by Assistant County Manager Crosby. This was prepared based on discussion at the January 25work session. Chairperson Starr said that he had a conversation with Stan Irby last nightwhich has led him to offer up some additional comments. He provided language that wouldaddress local ranchers concerns that the existing local sage grouse plan is not flexible enoughfor varying conditions within the basin. Assistant Public Works Director Allen Moores agreedthat there are concerns with the local plan being too stringent. John Scott of the GunnisonConservation District commented that some locals would rather support the rangewide planthan the local plan. He also feels the rangewide plan addresses both sides of many issues. Hefeels that adaptive land management should be utilized. Scott added that the local plan hasactually prevented some sage grouse projects due to its limitations. He reported that local planscan adopt more stringent standards than rangewide plans.

Commissioner Channell summarized the various viewpoints to consider. Local plan proponentswant the rangewide plan to reflect more of the local plan. The rangewide plan proponents saytheir plan is more flexible in addressing varying circumstances. Ranchers are concerned they

will be governed by both plans if the Candidate Conservation Agreements use the rangewideplan and the BLM uses the local plan. Commissioner Channell continued that the letter ascurrently drafted seems to favor the local plan, but perhaps the revisions just suggested byChairperson Starr add some flexibility.

Since all present seemed to be in general agreement with the draft letter including the language

proposed today by Chairperson Starr, staff will revise the letter accordingly and return it to theBoard for signature later today.


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Moved by Commissioner Channell, seconded by Commissioner Swenson to approve travel tothe Reno conference on sage grouse management for Tim Lehman, Allen Moores, and ChrisDickey at an estimated cost of $800-1000 per person using sage grouse mitigation funds.Motion passed unanimously.

TREASURER RESOLUTIONS: Finance Director Nienhueser and Treasurer Melody Marks

were present. The purpose of these resolutions was summarized by Nienhueser. She statedthat the 2004 budget included figures based on the annual re-approval of these resolutions. It

was noted that the Housing Authority was a new addition for 2004 to the resolution regardingthe segregation and deposit of certain interest revenue. The Board requested that the Dos Rios

water fund be considered next year for addition to the list of funds being allocated their specificinterest.

Moved by Commissioner Swenson, seconded by Commissioner Channell to adopt Resolution#2005-06, A RESOLUTION AUTHORIZING THE TREASURER TO SEGREGATE INTERESTSFROM INVESTMENTS OF CERTAIN MONIES AND REVOKING CERTAIN PREVIOUSRESOLUTIONS. Motion passed unanimously. (See attachment to Minutes).

Moved by Commissioner Channell, seconded by Commissioner Swenson to adopt Resolution#2005-07, A RESOLUTION DIRECTING THE GUNNISON COUNTY TREASURER TODISTRIBUTE SPECIFIC OWNERSHIP TAX MONIES AMONG VARIOUS COUNTY FUNDS.Motion passed unanimously. (See attachment to Minutes).

MARKETING DISTRICT: The Board of Commissioners meeting recessed and a meeting ofthe Gunnison River Valley Marketing District was conducted from 11:22 to 11:38 a.m.

County Manager DeVore presented the Memorandum of Agreement between the MarketingDistrict, the Town of Mt. Crested Butte, and the Gunnison/Crested Butte Tourism Association.The work program and adopted budget for 2005 was attached. A proposed revised budget wasalso submitted. The Mt. Crested Butte admissions tax was approximately $100,000 less than

what was budgeted for in 2004. That Council will take action on this MOA this evening, whichwill include their decision regarding allocation of a portion of the admissions tax to theMarketing District. The Tourism Association also incurred $33,000 of additional expenses in2004. These shortfalls could be handled several ways. One option would be to reduce thefunding to the Tourism Association, thereby reducing their marketing plan. Another way could

be to reduce the payoff on the Tax Anticipation Note. County Manager DeVore proposed thatthe budget be amended by utilizing the second option.

Discussion ensued regarding advanced commitments to different marketing projects and theneed to have a fund balance for use when discounted marketing options become available.

Moved by Commissioner Swenson, seconded by Commissioner Channell to approve theMemorandum of Agreement between the Gunnison River Valley Local Marketing District, theGunnison/Crested Butte Tourism Association, and the Mt. Crested Butte Town Council.Motion passed unanimously.

REVISED BUDGET FOR MARKETING DISTRICT: The Board of Commissionersmeeting was called back to order and County Manager DeVore requested that the Board make adecision regarding the proposed amended County budget related to the Marketing District.

Moved by Commissioner Channell, seconded by Commissioner Swenson that, pending Mt.Crested Buttes approval, the County shall revise the 2005 budget for the Marketing District.Motion passed unanimously.

CITY FISCAL IMPACT STUDY WORK SESSION REPORT: Commissioner Channell

reported that the Board met on January 25 to be updated by CivicEconomics on theirpreparation of a study regarding retail expenditures and impacts. One item of note was that thestatewide retail expenditures, including other resort areas, averaged $11,000 per capita. The


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COLORADO RIVER WATER CONSERVATION DISTRICT UPDATE: Bill Trampe waspresent to update the Board on recent CRWCD actions. He first asked for direction from theCommissioners in how they would like him to serve the County as the designated representative.The previous Board of Commissioners requested that he follow the Upper Gunnison River

Water Conservancy Districts (UGRWCD) positions. Chairperson Starr responded that Trampeshould continue with that direction unless or until an issue arises which the Commissioners do

not agree with the Upper Gunnison position. If an issue of particular concern arises, Trampeshall contact Chairperson Starr directly. Otherwise, he will continue providing monthlyupdates.

Bill Trampe continued by providing a summary of Senate and House Bills which the CRWCDtook positions on in January. Of particular significance was that CRWCD voted 8-5 to supportSenate Bill 062 regarding requirements applicable to recreational in-channel diversions.Trampe voted against. The UGRWCD is also against this Bill. Dennis Steckel of theUGRWCD was present and provided the Board with copies of SB 062 and HB 1177 , both of

which that Board is opposed to. He feels it is critical to have County Commissionerinvolvement at the Colorado Water Congress.

In addition to legislative discussions, Bill Trampe also reported that the CRWCD is developing alarge grant program, they are reviewing their standing policies, and a reservoir expansion is

being undertaken.

ECONOMIC DEVELOPMENT: Mike Darnell of the Gunnison Valley EconomicDevelopment Corporation (GVEDC) was present to update the Board. Due to the recentresignation of Executive Director Lee Dusa, the GVEDC Board has voted to retain Darnell as itsnew Director. He stated that his personal vision is to build inclusiveness within the communityas related to economic development. He is open to any input. Chairperson Starr requestedthat the GVEDC Minutes be provided to the Board of Commissioners following every meeting.

Mike Darnell reported that the first draft of the WSC fiscal impact study is due today. The

County committed $2200 in 2005 funds toward this study. The potential light industrial parktenants have been working with an attorney to develop proposed lease language. CountyManager DeVore reported that the attorney gave him the proposal a few days ago. Darnellcontinued that the hay plant committee is working with marketing consultants to develop astrategy in coordination with their business plan. The local beef program went well and will beoffered again this year. The Crested Butte movie theatre recently closed, and the GVEDC has

been working on options to find a new operator to reopen that location, with the intent toexpand into Gunnison in the future.

Mike Darnell also reported on efforts to locate a Leading Edge Center in Gunnison, and whetherto keep the Gunnison Main Street program going. He provided a copy of the GVEDC 2005

budget which he described as smaller, more realistic, and workable. Mike Darnell has appliedto the Board of Commissioners for appointment to the Region 10 Board. Those appointments

will be considered next week.

Chairperson Starr commented favorably regarding the GVEDC current projects in thecommunity. He feels success in those areas will help generate more economic development.

It was noted that the Board of Commissioners needs to appoint one of its members to theGunnison Valley Economic Development Corporation Board of Directors. CommissionerSwenson volunteered.

Moved by Commissioner Channell, seconded by Commissioner Starr to appoint Paula Swensonto the GVEDC Board. Motion passed unanimously.

LIBRARY DISTRICT: Library Board members Marsha Rose, Bruce Bartleson, LarryMeredith, Karen Shirley, and John Harrington were present to request that the Board ofCommissioners proceed with the following actions:


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The Library Board summarized their responsibilities, the history of the current building, andwork begun in 1999 to expand or replace the Library facility. One survey was compiled of usageand funding of Libraries in other resort communities. A community survey was also conductedregarding local usage and potential support for increasing taxes to improve the Library facility.Based on the information compiled, the Library Board believes that their requested actions are

warranted.

Commissioner Channell stated that when considering this request he will need to know everydetail about dedicated funding to the Library, and all costs associated with the transitionincluding personnel benefits, etc. He asked what the Library District boundary would be.County Manager DeVore responded that the boundary is a County Commissioner decision. Last

year when this issue was discussed it was noted that the Somerset/Marble area of the Countydoes not receive significant Library services from the County, yet a substantial portion ofproperty valuation is in that area. He did note that the Paonia library in Delta County isfunded with sales tax monies instead of property tax.

County Manager DeVore stated that the Board of Commissioners cannot permanently transferthe current mill levy allocated to the Library. However, the Board could request a reduction in

mill levy. He feels a reduction in dollar amount to the General Fund would be more appropriateto consider than a permanent mill levy decrease.

Commissioner Channell noted information from special counsel Dee Wisor, dated 2003,regarding legislation allowing multiple government entities to establish a Library Authority andto levy sales tax. He suggested that the Board be creative in developing some funding scenariosfor the Library which might combine property and sales tax. County Manager DeVore said he

will ask Dee Wisor for further information on the legislation referenced.

Chairperson Starr advised the Library Board that the Board of Commissioners needs to moveforward on a possible ballot issue for a Detention Center project. That project is a high Countypriority and the ballot question could occur this fall. He feels that the Library might be more

successful with a ballot question to increase sales tax a year or two after the County asks forproperty tax for a detention center. He is very interested in using sales tax for the Library sincethose funds also come from the Countys visitors who use the Library facility.

Marsha Rose noted the items which the Board of Commissioners would like additionalinformation regarding. It was agreed that further discussion would be scheduled in April.

SAGE GROUSE LETTER: A revised letter was presented to the Board, based on thismornings agenda item.

Moved by Commissioner Swenson, seconded by Commissioner Channell to approve and signthe letter of sage grouse comments to the Gunnison Sage Grouse Rangewide Plan SteeringCommittee. Motion passed unanimously.

COMMISSIONER COMMENTS: Commissioner Swenson will attend the Region 10Economic Summit later this week. She also asked the status of the Countys interest in acertain parcel of land for affordable housing. County Manager DeVore responded that no pricehas been stated for this parcel, and the Board needs to determine a level of commitment to land

banking for housing projects.

Commissioner Channell stated that he is encouraging the Planning Department to move forwardon revisions of building codes and fee structures. There is currently discussion in the valley forall entities to adopt similar codes at the same time.

Chairperson Starr said he has discussed with the Crested Butte Fire Protection District the idea

of adopting a county-wide fire code, with varying locational standards, that also includesbackcountry wildfire provisions. He feels the defensible space provisions in the LUR are notthorough enough. He also provided County Manager DeVore with information regarding


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ADJOURN: Moved by Commissioner Swenson, seconded by Commissioner Channell toadjourn the meeting. Motion passed unanimously. The meeting adjourned at 5:05 p.m.

********

__________________________________

Jim Starr, Chairperson

__________________________________Hap Channell, Vice-Chairperson

__________________________________Paula Swenson, Commissioner

Minutes Prepared By:

__________________________________Kelly Balch, Deputy County Clerk

Attest:

__________________________________Stella Dominguez, County Clerk


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GUNNISON COUNTY BOARD OF COMMISSIONERSATTACHMENT TO MINUTES

OF RESOLUTION TEXT

BOARD OF COUNTY COMMISSIONERSOF GUNNISON COUNTY

RESOLUTION NO. 05-06

A RESOLUTION AUTHORIZING THE TREASURER TO SEGREGATE INTERESTSFROM INVESTMENTS OF CERTAIN MONIES AND REVOKING CERTAIN PREVIOUSRESOLUTIONS

WHEREAS, Colorado Revised Statute 30-10-710 provides, in part, that interest gainedthrough the investment of county funds, regardless of the origin of such funds, may be credited to theGeneral Fund unless such investment is made from specific funds allocated for a definite purposeand so maintained; and

WHEREAS, it is the desire of this Board that the interest gained from the investment of certainfunds be credited back to those funds;

WHEREAS, this Board has previously passed resolutions which directed the County Treasurerand the County Finance Office to deposit back to certain funds all the interest gained from investments ofthe monies from those certain funds;

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of GunnisonCounty, Colorado:

1. The County Treasurer is hereby directed to deposit back into the following funds allinterest gained from the investment of monies from the respective funds:

Reserve Account within the General Fund:Water Resources Protection Fund

Road and Bridge FundConservation Trust Fund

Airport Operations FundSales Tax FundLand Preservation FundLibrary Fund OperationsLibrary Fund Memorial and EndowmentLibrary Fund Capital ImprovementsLoss prevention Fund

Airport Construction FundCapital Expenditures FundSolid Waste Fund OperationsReserve Accounts Within the Solid Waste Fund:

Landfill Closure Cost ReserveConstruction ReserveSheriffs Seizure FundGunnison Housing Authority FundInternal Service Fund III (Employee Benefits)Gunnison River Valley Local Marketing DistrictGunnison Valley Transportation Authority

2. All remaining interest gained from the investment of County funds may be credited to theCounty General Fund.

3. The previously enacted resolutions directing the distribution of interest to various funds namely Resolution No. 07, Series 2004 is hereby canceled as of January 1, 2005 and the

provisions of this resolution shall supersede the previous resolutions.

4. The effective date of this resolution shall be January 1, 2005.


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BOARD OF COUNTY COMMISSIONERSOF GUNNISON COUNTY

RESOLUTION NO. 05-07

A RESOLUTION DIRECTING THE GUNNISON COUNTY TREASURER TO DISTRIBUTESPECIFIC OWNERSHIP TAX MONIES AMONG VARIOUS COUNTY FUNDS

WHERAS, Gunnison County has or will receive during fiscal 2005 certain monies derived fromthe payment, pursuant to C.R.S. (1973) 42-3-107, of specific ownership taxes; and

WHEREAS, the impact of this Resolution will only affect the distribution of funds to theGunnison County General Fund and the Gunnison County Road and Bridge Fund; and

WHEREAS, after apportionment pursuant to C.R.S. (1973) 42-3-107, such monies havetraditionally been divided between the General Fund and the Road and Bridge fund of Gunnison County;

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of GunnisonCounty, Colorado, that, effective immediately from the date this Resolution is passed by such Board, thatthe Treasurer of Gunnison County shall distribute and deposit such monies as Gunnison County receivesafter apportionment from such specific ownership taxes pursuant to C.R.S. (1973) 42-3-107 as follows: tothe Gunnison County General Fund sixty-six and two-thirds percent (66 2/3%); to the Gunnison CountyRoad and Bridge Fund thirty-three and one-third percent (33 1/3%). The effective date of this Resolutionshall be retroactive to January 1, 2005 and shall be valid for each year subsequent to the passage of thisresolution until repealed or amended by this Board.

INTRODUCED by Commissioner Channell, seconded by Commissioner Swenson, and adoptedthis 1st day February, 2005.

BOARD OF COUNTY COMMISSIONERS OF GUNNISON COUNTY, COLORADOStarr yes; Channell yes; Swenson - yes


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Gunnison County Email Policy

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