MINUTES OF A SPECIAL BOARD OF COMMISSIONERS MEETING GRAND COUNTY,

James L. Newberry – Commissioner District 1; Nancy Stuart – Commissioner District 2; Gary Bumgarner, Chairman – Commissioner District 3; Lurline Underbrink Curran, County Manager; Anthony J. DiCola, County Attorney; and Sara L. Rosene, County Clerk and Recorder.

April 14, 2008

The regular Board of Commissioners meeting was called to order at 8:30 a.m.

Those present recited the Pledge of Allegiance.

Department heads present for the Board’s business portion of the meeting were Scott Berger, Ken Haynes, Scott Penson, Kris Manguso, and Sara Rosene.

Kittie Docheff stated that she would like to have an event with motor cycles and ATVs in a barrel racing and Gymkhana style at the fairgrounds on the Friday of the Middle Park Fair. She would also like the event to be covered under the County’s insurance.

County Manager Underbrink Curran stated that the participants will need to sign a waiver. Ms. Docheff stated that she would like to allow kids under 18 to be involved in the event as long as they ride an age-appropriate machine and wear a helmet. Ms. Underbrink Curran stated that parents would need to sign a waiver and the children would need to wear appropriate protective gear.

The Board agreed that the event could be done at the fairgrounds and Ms. Docheff would need to get approval from the Fair Board to have the event at fair.

A request has been made for a Mud Bog at Kremmling Days. There are two people that will put on the event and give all the proceeds back to the Middle Park Fair. The event will be on Sunday of Kremmling Days. There is also a request for the alcohol machines. These machines run quite fast, but there is a tether to help stop. The group has asked for the County to provide the use of the tractor with the harrow to run through the pit, the loader on the grounds to pull out participants, two water trucks, and an ambulance.

Tina Strang, of the Grand County Public Health Nurse’s Office presented a contract:

Contract Name: CSBG Contract Period: 03/01/01 – 02/28-09 Synopsis: *This contract is with the state of Colorado and managed by the Colorado Department of Local Affairs * The purpose of this funding is to reduce poverty, revitalizing low-income communities, and empowering low-income individuals to become fully self-sufficient *These funds can only be used for those 125 percent above the poverty level *We have three sub-grantees this grant cycle Fiscal: *Total amount received this grant cycle is $11,427 Recommendation: Sign Contract

Commissioner Newberry moved to authorize the Chair to sign the CSBG grant to receive in the amount of $11,427.

The motion passed unanimously.

Commissioner Newberry asked if the County was able to reconfigure the grant from the State to be able to use some money toward senior nutrition that was being used for transportation. Ms. Strang stated that the change was allowed.

Special Board of County Commissioners Meeting – Grand County, Colorado April 14, 2008 Page 2 of 16

Commissioner Stuart stated that she is setting up a meeting with the Granby Town Board, builders from the Builders Association, County Planning and Zoning, County Building Department, and Board of Commissioners to discuss building inspections.

Commissioner Stuart moved to authorize the Board to sign the letter to David Goldberg responding to his letter to the Treasurer asking the County to use tax money to “kill pine beetles and clean up their mess.”

The motion passed unanimously.

Commissioner Stuart stated that the Board received a letter from the Bureau of Land Management acknowledging the Board’s protest of lands offered in the Colorado Competitive Oil and Gas Lease Sale. The letter reports that the Leases were deferred from sale.

Commissioner Stuart moved to waive the deposit for the use of the CSU Extension Hall for the Junior Class for the West Grand Junior/Senior Prom.

The motion passed unanimously.

Commissioner Newberry stated that he is in a receipt of a letter from Headwaters Trails Alliance. He attended a meeting recently and there was a conversation about the liability and responsibility for easements. Commissioner Newberry stated that it sounded like the towns of Winter Park and Fraser are constructing and maintaining the trails and those towns cover the trails liability wise. He added that it sounded like the towns of Winter Park and Fraser are wondering why they are paying into Headwaters when they are building, maintaining, and covering the trails liability wise. Commissioner Newberry stated that it would be a good conversation at the Mayor/Managers meeting.

Calendar

April 14 Board of County Commissioner’s meeting at 8:30 a.m. Fair Board meeting at 7:00 p.m. in Hot Sulphur Springs April 15 & 16 River District meeting April 16 Grand Beginnings Board meeting at 8:45 a.m. at the Granby Town Hall Round Table Health Care at the Granby Library from 6 to 8 p.m. April 17 Air Quality Control Hearing in Denver Stakeholders Group meeting at Kremmling Elementary 6:00 to 8:00 p.m. on Blue River Management Plan Workforce meeting in Steamboat Springs 10:00 a.m. to 1:00 p.m. East Grand Water Quality meeting at 6:30 p.m. at the Winter Park Town Hall Flying Heels Follow-up meeting Fox Run Conference call at 2:30 p.m. April 18 Water Clarity meeting at 10:00 a.m. in BOCC meeting room Legislative luncheon at noon April 18,19,20 Colorado West Mental Health retreat April 19 Forest Forever meeting from 9:00 a.m. to 4:00 p.m. at the Colorado Mountain Club in Golden April 21 Mayor/Managers meeting in Fraser at 9:00 a.m. April 22 Meeting at 4:00 p.m. at the Board of Commissioner’s meeting room with residents of Winter Park Ranch April 23 Lower Blue River Wild and Scenic group at Frisco Commons at 8:00 a.m. Department Heads meeting April 24 Meeting with Jones at 9:30 a.m. at her house April 28 1177 Meeting May 1 Law Day May 2 Shadow Mountain drawdown follow-up meeting from 9:30 a.m. to noon at Forest Service in Granby May 6 Regional Director for CDOT will be present for a meeting at 11:00 a.m. State of the River meeting at 6:30 p.m. at Granby Town Hall May 8 Colorado Public Health Emergency Preparedness Planning Conference May 12 Annual update with the town of Grand Lake at 7:30 p.m. Special Board of County Commissioners Meeting – Grand County, Colorado April 14, 2008 Page 3 of 16

May 14 – 16 Water Workshop at Western State June 9 – 11 CCI Summer Conference August 4 Rural Health Network Golf Tournament

Manager and Attorney Items

Ms. Underbrink Curran stated that she attended the Lower Blue Management meeting. The meeting was an ad hoc group of people trying to come up with a plan on how the Lower Blue recreation resource should be handled from Green Mountain to the confluence of the Colorado River. There are several federal agencies, private landowners, Division of Wildlife, and Grand County on the ad hoc group. There have been two plans proposed and additional public comment is being solicited.

Ms. Underbrink Curran reported that the County received the Notice to Proceed for the airports as far as the State funds. Ms. Underbrink Curran stated that requested money for Kremmling and Granby airports has been put on the consent agenda. The County does not need to appear at the hearings.

There will be a bid opening on May 21, 2008, for the work at the Granby Airport.

Commissioner Stuart moved to fund the requests for youth baseball and softball in Kremmling and Granby. The total requests are $5,100 and will be split evenly between each district for an amount of $1,700 each.

The motion passed unanimously.

Commissioner Newberry moved to approve Resolution No. 2008-3-44, “A RESOLUION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GRAND, STATE OF COLORADO, TO EXECUTE THE AIRPORT HANGAR LEASE BETWEEN ROHR HOLDINGS, LLP AND THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GRAND, STATE OF COLORADO”

The motion passed unanimously.

Commissioner Stuart reported that the town of Granby will be providing snow removal from the back door of the Senior Nutrition Site in Granby to the trash containers.

Housing Authority

The Board convened a special meeting of the Housing Authority.

Finance Director

Scott Berger, Finance Director, presented the Warrant Register and Expenditure List to be paid on April 16, 2008, for vendor payments. The list for this period was verified for the Board’s approval.

Commissioner Stuart moved to approve and sign the warrants to be paid on April 16, 2008.

The motion passed unanimously.

Board Business

The Board will put a discussion regarding the National Flood Insurance program on Regular Board of Commissioner’s agenda to encourage participation from the public. It appears that if the County is part of the program, citizens in the flood areas can get assistance if they build in a floodplain.

Attorney Items

County Attorney DiCola stated that Pepsi Co. has asked for changes to the agreement with the County to purchase the Pepsi building in Kremmling. Mr. DiCola reported that that the County has not received the Phase I back. The town of Kremmling has granted approval of the Special Use Permit. Special Board of County Commissioners Meeting – Grand County, Colorado April 14, 2008 Page 4 of 16

County Attorney DiCola stated that the County is being sued over a decision made by the Board of Adjustment regarding a second boat house. Mr. DiCola agreed to accept service in the case.

Mr. DiCola reported that he had an unemployment compensation hearing last week. The employee did not call in for the hearing, so the County won.

Mr. DiCola reported that he filed the answer in the lawsuit by Elk Valley. Judge Hoak represented the plaintiff a number of years ago and Judge Hoak offered to recuse and Mr. DiCola felt it was not necessary for the Judge to recuse. Mr. DiCola stated that the County asked the Court to dismiss the complaint because the Plaintiff failed to pursue their administrative remedies.

Ms. Manguso stated that she understands that there are people living in the units at Elk Valley. Because the building has been red tagged by the County, Mr. Penson will check into the matter.

RMNP – Vaughn Baker – Park Update and Beetle Mitigation

Vaughn Baker presented an update on Rocky Mountain National Park.

Mr. Baker reported:

*August 28, 2007, the U.S. Postal Service and the officials unveiled ten new 41 cent Alpine Tundra stamps with a photo from Rocky Mountain National Park. *August 21, 2007, 46 people attended a ceremony at the Park to sworn in as new U. S. citizens. *Last year the Park resurfaced 10 miles of road on . There will be no road construction this year. *A new Fire Operation Center was opened on the East side in conjunction with the town of Estes Park.

Mr. Baker reported that the Park Service has finished the Elk and Vegetation Management Plan for the Park after a number of years of research. There was some research done in the Park for Cronic Wasting Disease in Elk. The conservation tools to be used in Plan Management is fencing, redistribution, and culling.

The WildEarth Guardians’ lawsuit was filed in Denver federal court on March 25, 2008. The suit charges that the National Park Service failed to adequately consider the reintroduction of a self-regulating population of gray wolves to Rocky Mountain Park as part of its plan to address ongoing elk problems.

Mr. Baker reported that the Park is working with Larimer County on recycling.

Mr. Baker reported that Forest Health is the biggest issue for the Park and it is trying a variety of techniques. The Park does a very limited spraying of high value trees using Carbaryl. The Park will continue to burn piles when necessary, but has used an air curtain burner. The Town of Grand Lake has received an offer to use the air curtain burner. The Park will also do prescribed fire.

It was noted that if trees are removed and there is no fire, the belief is that the run-off will be no different than it was before.

The Park Service will be spraying 5,000 trees on both east and west sides concentrating on historic landscape, high value trees, and high value screening. There will be hazard tree mitigation. The Park Service has recognized the enormous task at hand. The goal is to mitigate hazard tree threats from park facilities such as campgrounds, parking lots, housing areas, and visitor centers. Some temporary closures may occur until hazards are mitigated. If there is a closure, it will be temporary. The priority is for safety. On the west side of the park, there is a campground with 100 sites. At this time it is closed and the Park Service is putting a contract together to remove a majority of the trees. The hope is to open the campground by July 4, 2008.

The scientific community came together with nine consensus points:

1. Lodgepole pine forests are being heavily impacted by the ongoing mountain pine beetle epidemic. 2. Not all lodgepole pine forests are the same. 3. Forests are living systems subject to constant change. 4. Lodgepole pine will not disappear from the southern . Special Board of County Commissioners Meeting – Grand County, Colorado April 14, 2008 Page 5 of 16

5. Active vegetation management is unlikely to stop the spread of the current mountain pine beetle outbreak. 6. Though they are infrequent, large intense fires with extreme fire behavior are characteristic of lodgepole pine forests. 7. In forests killed by mountain pine beetles, future fires could be more likely than fires before the outbreak. Large intense fires with extreme fire behavior are again possible. 8. Mountain pine beetle outbreaks are not likely to cause increased erosion. 9. Climate changes will most likely contribute to substantial forest changes in the decades ahead.

An interagency Agreement is in place with the town of Grand Lake and U.S. Forest Service to do initial attack in the Park. When it comes to fire suppression, there is a concern for the material used for fire suppression.

In Fiscal Year 2008, the Park Service is working on replacing the roof on the Alpine Visitors Center. There will be a primary power line rehabilitation from the Grand Lake Entrance to Timber Creek Campground.

In Fiscal Year 2009, Trail Ridge Road will be resurfaced from West Park Boundary to Colorado River Trailhead. There will be rehabilitation of the Grand Lake Entrance Station.

Trail projects include:

1. Rehabilitate up to 3 miles of the East Trail from Eugena Mine junction to the Boulderfield (2007 – 2010) 2. Rehabilitate up to 3 miles of the North Fork/Stormy Peaks Trail (2007 – 2010) 3. Rehabilitate up to 3 miles of Wild Basin trails principally the Copeland Falls area (2007 – 2010) 4. Rehabilitate up to 5 miles of the East Inlet Trail to Fourth Lake (2007 – 2011) 5. Rehabilitate up to 1 mile of the (2008 – 2009) 6. Construct 1 mile of new trail to reroute the in RMNP (2008 – 2010)

Mr. Baker stated that the recreation fee program has been used for the following:

1. Rehabilitate campgrounds (grills, parking, leveling sites, drainage, revegetation, restrooms) 2. Radio system to narrowband digital 3. Restore rock walls along Trail Ridge Road. 4. Reconstruct trails 5. Bear-proof trash containers 6. Wayside exhibits 7. Trailhead enclosures 8. Backlog of natural resources projects 9. Re-roof Kawuneeche Visitor Center restroom

Lenny Brooks – Insecticide Pollution and Banning of Use

Lenny Brooks stated that he came before the Board because he did not get a response to any suggestions he made to the Board about a County Enforcement Officer, tax credits for zeroscape, tax credits for alternative energy, and asking citizens to stop using phosphates fertilizers.

Mr. Brooks stated that there are 1,100 licensed sprayers in Colorado and the state employs only two investigators for the entire state.

Mr. Brooks stated that he understands that the County is monitoring stream flow and employs water attorneys. He has not seen anything that the County has done to mitigate the problems created by Carbaryl and phosphates. Mr. Brooks stated that it is the Board’s responsibility to see what the affects of the chemicals will be.

Mr. Brooks stated that Carbaryl:

1. Kills non-target inspects Special Board of County Commissioners Meeting – Grand County, Colorado April 14, 2008 Page 6 of 16

2. Kills honeybees 3. Bad for the immune system especially in young children, pregnant women and pets 4. There is a serious overspray problem – even with a mild wind it can spread for miles 5. Bad for people with neurological diseases such as MS, Parkinson’s etc 6. Very bad if sprayed anywhere near water 7. The effects of the chemicals are bio-cumulative in fish and algae 8. Carbaryl is explosive at 151 degrees Fahrenheit and produces nitrous oxides when burned 9. Water from fire suppression should be diverted from existing bodies of water

Mr. Brooks stated that there was a case in Carbondale that went to the Supreme Court that allowed Carbondale to stop a company from destroying its water supply. There was a case in Gunnison that used the Carbondale case. Boulder County has a pesticide law. Mr. Brooks stated that he feels that there is legal precedence to limit use of chemicals.

With regard to fire danger, there needs to be a dyke area to hold contaminated water back from water supplies.

Commissioner Stuart stated that most of the trees in Grand County are dead. She does not believe that much spraying is being done now. She added that the County may want to test the water systems for Carbaryl and that can be done by the people currently working for the County. Mr. Brooks noted that a test for Carbaryl is only $65.

Chairman Bumgarner stated that he appreciates Mr. Brooks’ passion on this issue. Chairman Bumgarner stated that he understands why Mr. Brooks continues to bring his concerns forward. Chairman Bumgarner stated that the Board just heard from RMNP that they are using Carbaryl on 5,000 trees.

Chairman Bumgarner stated that Mr. Brooks needs to get with the County’s Natural Resources Department and the water specialists for their support. Chairman Bumgarner stated that Mr. Brooks needs to go through the system and Chairman Bumgarner will rely on the recommendations from the County’s experts.

County Manager Underbrink Curran stated that the County has a Department of Natural Resources and a water quality specialist that can review Mr. Brooks’ research. The County can work with water providers in the County. Ms. Underbrink Curran stated that Grand County does not spray. The one thing that is difficult is that the Board of Commissioners has jurisdiction over unincorporated Grand County only. The use of chemicals within the towns is outside the jurisdiction of the Board of Commissioners.

C.C.O.E.R.A. Update by Chris Swatloski

CCOERA representative, Chris Swatloski appeared before the Board to give an update on the County retirement plan. Mr. Swatloski stated that participants in the plan can access their plan on the internet.

Mr. Swatloski stated that CCOERA had extra funds last year. Anything above and beyond has to be returned to participants. In order to return the money, CCOERA had a fee holiday. If there continues to be extra funds, there will be another fee holiday or the fees will be lowered.

Mr. Swatloski stated that CCOERA traded out four mutual funds for institutionally managed funds which are less expensive. An institutional fund is only available to a large group like CCOERA. Because of the size of the group, the fees are less.

Last year, the Pension Protection Act was passed. The default investment options are much better.

CCOERA is working on distribution plan seminars. It will help people who get to retirement to get the most out of their account.

The Pension Portfolios are professionally allocated and rebalanced by an investment advisor.

CCOERA is a board-run not-for-profit coop. There are seven members of the Board that are elected for participants.

The Glen Town Homes Final Plat

Special Board of County Commissioners Meeting – Grand County, Colorado April 14, 2008 Page 7 of 16

The following is all or part of staff’s Certificate of Recommendation to the Board as they were provided by staff for inclusion in the minutes of the meeting held on April 14, 2008.

RE: The Glen Subdivision - Final Plat APPLICANT: Summit Glen, LLC represented by Masami Iizumi and prepared by James K. Pool Architects and Associates, represented by Jim Pool LOCATION: Lot 24, Block 2, Winter Park Ranch Subdivision, 2nd Filing, commonly known as 1018 Cranmer Avenue ZONING: Residential (R) APPLICABLE SECTION OF CODE: Master Plan, Zoning Regulations, Subdivision Regulations, Road and Bridge Standards, and Storm Drainage Criteria EXHIBITS: Final Plat and supporting documents, Planning Commission Resolution No. 2008-3-3 STAFF CONTACT: Lori Clement REQUEST: The Applicant is requesting Final Plat approval of a four (4) unit multi-family townhome development.

The Applicant is requesting one (1) variance from the Storm Drainage Design and Technical Criteria Manual • Section 3.3.6 – Stormwater Detention DISCUSSION Summit Glen, LLC (Applicant) owns the property (parcel # 158720401003), which consists of .771 acres. The property is conveyed by Warranty Deed at Reception No. 2006-006155 and then by Quit Claim Deed at Reception No. 2006-006156.

The proposed townhome subdivision consists of two duplex buildings (4 total units) and is located in Winter Park Ranch, 2nd Filing, on lot 24, commonly known as 1018 Cranmer Avenue. Each unit will have 3 bedrooms and include a one-car attached garage and two off-street parking stalls.

The building envelope depicted on the plat shows Unit 4’s East corner cut off so it does not encroach into the rear setback. Because of the close proximity to the setback Staff wants the Applicant to be aware of the potential for encroachment when the building is constructed.

COMPLIANCE WITH THE GRAND COUNTY MASTER PLAN Staff has reviewed the proposed development for compliance with the Grand County Master Plan.

An important Master Plan goal is to encourage new development to be located on suitable land around existing development areas. This project is located in the Urban Growth Boundary No. 2 where adequate infrastructure exists.

Staff believes that the proposed development is consistent with the type of development intended for the Winter Park Ranch Growth Area. The proposed development has 60.21% open space.

COMPLIANCE WITH THE GRAND COUNTY ZONING REGULATIONS The property is located in the Residential Zone District. Residential lot setbacks are thirty feet (30’), twenty feet (20’), and five feet (5’) for front, rear and side. Covenants for Winter Park Ranch, Filing 2 (Book 151, Page 532) indicate there is a ten foot (10’) bridle easement platted along both side lot lines. No wetlands or drainage areas have been found on the parcel.

The townhomes have three (3) bedrooms each which require three (3) parking spaces per unit for a total of twelve (12) spaces. Adequate parking has been provided for this project.

The proposed townhomes are approximately thirty six feet (36’) in height with more than a five foot (5’) change in grade. This height is in compliance with the Regulations, however, the Winter Park Ranch, 2nd Filing Covenants require building height to be no more than thirty feet (30’). Although Grand County does not enforce Covenants, Staff wanted the Applicant to be aware of this restriction.

COMPLIANCE WITH GRAND COUNTY SUBDIVISION REGULATIONS Special Board of County Commissioners Meeting – Grand County, Colorado April 14, 2008 Page 8 of 16

Section 7.3 Final Plat

1a. The design conforms to the preliminary plat and the statement of requirements. b. The drawing is made at an acceptable scale.

2a. Title, scale, North arrow, and date are all correctly shown. b. Correct legal description and conveyance are shown. c. Primary control points or ties to the Section, Township and Range are referred. d. Boundary lines, right-of-way lines, easements and adjacent property owners are shown as required. e. Access to this development is provided by Cranmer Avenue (CR 834), which has a sixty (60) foot County Road ROW. f. The location, dimensions and purpose of the easements, including reference by Book and Page are shown. g. The location and description of monuments are shown. h. Title work has been provided, dated February 22, 2008. TAll open space, limited common elements and common elements shall be deeded to the Homeowners Association at the time of final plat recording. i. The Dedication statement is shown correctly. j. The Surveyor’s certificate is shown correctly. k. The Planning certificate is shown correctly. l. The Planners Certificate is shown correctly. m. The required 2½” x 3” vertical box is on the plat as required n. A set of condominium declarations that contain restrictive covenants have been provided. The developer shall provide executed covenants and draft timeshare declarations. o. A vicinity map is shown. p. The tax certificate from April 8, 2008, shows a balance due on property taxes for this development. Updated tax statements shall be provided that show taxes as paid. q. A 14” x 18” black-line mylar with approved address shall be provided

r. An electronic copy of the Final Plat in AutoCAD.dwg or AutoCAD.dxf format shall be provided prior to any recording of any Final Plat. The drawing shall be based or transformed to a known coordinate system, not an assumed local coordinate system. If GPS Lat/Long is not used for this reference, the Geographic Coordinate Data Base should be used to obtain relative coordinates available from the BLM at www.blm.gov/gcdb. The drawing shall include either a data dictionary to explain the layers, or a self-explanatory layering system.

COMPLIANCE WITH GRAND COUNTY ROAD AND BRIDGE STANDARDS: Thirty percent (30%) of the total driving area and walkways is required to be provided for snow storage. The submitted plat shows 1,893 square feet has been provided and 1,857 square feet is required.

Access to this development is proposed off County Road 834 (aka Cranmer Avenue), which has a sixty foot (60’) Right-Of-Way.

COMPLIANCE WITH GRAND COUNTY STORM DRAINAGE DESIGN AND CRITERIA MANUAL: Special Board of County Commissioners Meeting – Grand County, Colorado April 14, 2008 Page 9 of 16

The Applicant has requested a variance from Section 3.3.6, requiring an on-site detention facility for the proposed improvements. This section states that a variance will be considered if the development will not cause a significant increase in flow, less than 1.0 cfs for the 10-year storm. The anticipated stormwater runoff associated with a 10-year storm is 0.47 cfs. In addition the requirement of an on-site detention pond facility is not practical from a geometric and topographic perspective, as the steepness and size of the site do not allow for a pond within the property lines or at the proper elevation.

The County engineer has reviewed this request and recommends approval.

STAFF COMMENTS TThe Applicant shall enter into a Subdivision Improvements Agreement agreeing to construct any required public improvements shown in the final construction plans and in accordance with design and construction cost estimates.

Grand County is concerned about the impact of development on water quality and quantity within the county. In accordance with Section 7.3 (3)(f) of the Grand County Subdivision Regulations, the Applicant will be required to enter into a Water Quality/Wastewater Agreement. TThis fee shall include a unit fee of $500 per unit for a total of $2,000, and a $200 annual fee to the East Grand Water Quality Board.

The proposed development is located within the boundaries of the East Grand Fire Protection District (EGFPD). The current fee per unit requirement is $454 and 4 units x $454 = $1,816. TProof of payment to the EGFPD shall be provided prior to recording.

The Grand County Board of County Commissioners approved an escrow fund to recapture future improvements that will be necessary on County Road 8 as a result of increased development in this area. (Resolution No. 2006-2-18, recorded at Reception No. 2006-001694.) These funds are escrowed towards three specific improvements: upgrades to the Fraser River Bridge, installation of a traffic signal at the US Highway 40 and County Road 8 intersection, and cyclic maintenance on County Road 8. TThe Applicant shall escrow funds in the amount of $385.00 (20% of the 4 units, or 4 units @ $480.56) with Grand County to contribute towards future road improvements required on County Road 8.

County Subdivision Regulations designate the following formula to be used to calculate school fees in lieu of dedication of land areas. Per acre price has been determined by using the figures contained within the recorded Warranty Deed.

4 units 4 x .50 = 2 2 x .0691 = 0.1382 0.1382 x $272,373 per acre = $37,642 in school fees.

School fees in the amount of $37,642 shall be paid at the time of Final Plat recording.

Provide addresses for all units on a black line Mylar, 14 inch by 18 inch (14” x 18”) prior to Final Plat recording.

Prior to recording the Final Plat, provide electronic media in AutoCAD.dwg or AutoCAD.dxf format, which contains the physical features of this development required. The drawing shall be referenced to a world coordinate system. The Geodetic Control Data Base should be used to obtain NAD 83 State Plane coordinates unless the drawing is based on NAD 83 datum with GPS. The GCDB is available from the BLM at www.BLM.gov/GCDB. The drawing shall include either a data dictionary to explain the layers, or a self- explanatory layering system.”

PLANNING COMMISSION RECOMMENDATION The Planning Commission unanimously approved The Glen Subdivision with Staff’s recommendations.

STAFF RECOMMENDATION OF VARIANCE Staff recommends approval of the variance for a stormwater detention pond as requested from the Grand County Storm Drainage Design and Criteria Manual. Section 3.3.6 – Stormwater Detention.

The design engineer and County engineer both agree and recommend approval.

Special Board of County Commissioners Meeting – Grand County, Colorado April 14, 2008 Page 10 of 16

The Board of County Commissioners did not approve the variance at Preliminary Plat. They requested further information regarding erosion control and requested the County engineer to be present at the Final Plat hearing.

STAFF RECOMMENDATION Staff recommends the approval of The Glen Final Plat with the following conditions:

The following are conditions to be addressed prior to recording:

1. All open space, limited common elements and common elements shall be deeded to the Homeowners Association at the time of final plat recording.

2. Applicant shall enter into a Subdivision Improvements Agreement for all improvements required in conjunction with this subdivision which is coordinated with the phasing plan.

3. Executed Covenants.

4. Draft copy of the Timeshare Declarations.

5. Provide proof that taxes have been paid.

6. Proof of payment to the EGFPD shall be provided prior to recording.

7. All final construction plans are accepted by the county engineer prior to recording of any Final Plat.

8. All required fees are paid.

9. A black line address Mylar that includes labels for addressing purposes, road numbers, road names, etc. is required to be provided prior to any Final Plat recording.

10. An electronic copy of the Final Plat in AutoCAD.dwg or AutoCAD.dxf format shall be provided prior to any recording of any Final Plat. The drawing shall be based or transformed to a known coordinate system, not an assumed local coordinate system. If GPS Lat/Long is not used for this reference, the Geographic Coordinate Data Base should be used to obtain relative coordinates available from the BLM at www.blm.gov/gcdb. The drawing shall include either a data dictionary to explain the layers, or a self-explanatory layering system.

{End of Staff’s report}

County Engineer Tim Gagnon stated that that drainage standards have limitations on when detention is required and when it is not. If they do not generate more than one cubic feet per second of flow, they will not need detention. Mr. Gagnon agrees with the calculations of the engineer of the project.

Commissioner Newberry stated that if the project meets the requirements, he is not clear as to why a variance is necessary.

Mr. Gagnon stated that the standards state that the application can request a variance and if it less than one cfs, the variance will likely be accepted. The County can say if the flow is less than one cfs, then a variance is not necessary.

Ms. Manguso stated that the standards will be reviewed and this requirement can be changed. Mr. Gagnon stated that grade and sediment are different from a detention pond. Mr. Gagnon stated that the question is if the applicant is increasing the amount of water on the site significantly enough that it will be necessary to contain the water.

Commissioner Newberry stated that drainage coming off of this should be handled by the existing culvert system that is there.

Mr. Gagnon stated that there is very little grass in that area. Commissioner Stuart asked if the water would run down a street or through ditches. The applicant stated that the water would run down the ditch.

Special Board of County Commissioners Meeting – Grand County, Colorado April 14, 2008 Page 11 of 16

Chairman Bumgarner asked about the consequences of approving a variance for this property. He wondered if the County would be adding to a problem. County Attorney DiCola stated that there was a case in the City of Broomfield where the City was found liable for approving a subdivision and the drainage from that subdivision went onto the property of an adjacent property owner. Mr. DiCola stated that the Board needs to consider what evidence the Board has of a drainage problem in the Winter Park Ranch area and decide if it wants to grant a variance.

Mr. Gagnon stated that he understood that as a property owner, if you increase runoff by even the smallest margins, you can open yourself up for trespass issues with your downstream neighbors.

Commissioner Stuart asked about how big a detention pond would be needed. The applicant stated that generally it needs to be 20 percent of the disturbed area. Commissioner Stuart stated that there is not much room for a pond.

The applicant has created a circuitous route for the water to slow it down. The intent is to have good vegetation in the swale. There will be geo-synthetic fabric in the swale as well.

Chairman Bumgarner asked if the County could require that the complete vegetation and the fabric before final signoff. The applicant agreed that the work would be done. Ms. Manguso stated that the County could determine if the swale works and if it does not, it could require that a detention pond be built.

Mr. Gagnon stated that he understands the concerns of Chairman Bumgarner. Mr. Gagnon stated that he can speak from experience; landscaping is the last thing that gets done. Mr. Gagnon stated that it may be necessary to put on the plans that “70 percent vegetation must be created prior to preliminary construction acceptance” and there may be the need for an extra line item for potential detention. There would also need to be a statement that there will be no partial completion as far as letting the landscape delay.

County Manager Underbrink Curran stated that it would be necessary to put in the SIA to say “no preliminary acceptance will be granted unless 70 percent of the vegetation is complete and landscaping must be part of the initial acceptance.”

Commissioner Newbery moved to approve the variance for The Glen Subdivision; that variance being Section 3.36 of the Storm Water Detention. Instead of a detention pond, it will be addressed in the Special Improvements Agreement and the Final Plat.

Discussion: Chairman Bumgarner stated that he does not like variances.

The motion passed unanimously.

Commissioner Newberry moved to approve The Glen Subdivision Final Plat with Staff’s conditions adding to the Special Improvement Agreement calling out specifically the landscaping plan with 70 percent revegitation and restrict from sale until the 70 percent revegitation is done.

Discussion: The Board will review photos of the property and the Board will need to remove the restriction from sale with a resolution.

The motion passed unanimously.

Board Business

Commissioner Newberry moved to nominate and authorize Commissioners Newberry and Stuart to sign the letter to the Bureau of Land Management Resource Advisory Council nomination to nominate Commissioner Bumgarner to the RAC Committee.

Commissioner Newberry aye Commissioner Stuart aye Chairman Bumgarner abstain

The motion passed.

Special Board of County Commissioners Meeting – Grand County, Colorado April 14, 2008 Page 12 of 16

Trestle Town Homes Remediation Work Bid Opening

County Engineer Tim Gagnon stated that he received one bid for remediation work at Trestle Town Homes and it was from Mr. Conroy. Mr. Conroy has a bid bond which was one of the requirements. Mr. Conroy has three references.

Mr. Conroy asked how flexible the County is with completion date. Mr. Conroy would like to have until September 1, 2008, to get the work done. Mr. Conroy stated that the work will get done this summer, but he believes that he will need until September 1, 2008.

Mr. Gagnon stated that there is not enough money to get the work done. Commissioner Newberry stated that the County needs to take this back to the HOA and let them know the cost, when the work can be done, and the difference between the retained money and the cost of the work.

If the HOA cannot come up with the money, then the County can give the HOA the money and they can get done what they need to get done.

Mr. Conroy stated that in the plan, it called for some of the asphalt to remain the way it was. The desire was to have new asphalt tie into the current asphalt. Mr. Conroy put in his bid to not do this. He stated that it will not work well in the field. In his bid, he put in taking all the asphalt out and replacing it with new asphalt.

Mr. Conroy stated that he is not comfortable with re-using the existing road base that is under the asphalt. His bid includes taking out the current road base and bringing in new.

Mr. Conroy stated that he is concerned over the elevation of the existing dry utilities and what will need to be done around the entire site.

Mr. Gagnon stated that the utilities were to be at least 3 feet down. If the utilities were not greater than 3 feet down originally, there will be an issue because of the earth that needs to be removed.

Mr. Conroy stated that the utilities will need to be moved and reburied or will need to be encased in concrete. County Manager Underbrink Curran stated that the County needs to know if the work needs to be done. It will allow that the bid can be adjusted.

Mr. Conroy stated that one of the landowners would like to get a French drain installed. Mr. DiCola stated that if Mr. Conroy is doing any work outside the contract, it is between him and the landowner.

Mr. Gagnon stated that he would like to do some research on the utilities and how deep they are buried.

Board Business

Lori Clement presented the Board with photos of the junk violation on Highway 34. Ms. Clement stated that the owner is working on the property and it is looking very good.

Villa Harbor Amended Final Plat Discussion

The following is all or part of staff’s Memorandum to the Board as they were provided by staff for inclusion in the minutes of the meeting held on April 14, 2008.

RE: Amended Final Plat and Easement Vacation for Villa Harbor Subdivision, Lots 18, 20-25, Block 1 DATE: April 14, 2008

On November 20, 2007, Staff presented to the Board an application to vacate the Access Right-of-Way and Utility Easements within Villa Harbor Subdivision, Lots 18, 20-25, Block 1. The Board unanimously moved to table the request at that time.

As you may recall Villa Harbor Subdivision is an older subdivision and the lot lines were platted in such a way that they created odd shaped lots. The Applicant would like to Amended the Final Plat to adjust the lot lines and rededicate a new ROW and Utility Easements within the Subdivision to make it better. Special Board of County Commissioners Meeting – Grand County, Colorado April 14, 2008 Page 13 of 16

When the Application was originally presented to the Board, subdivisions that went through the Amended Final Plat process had to meet current Zoning Regulations, including lot size and Subdivision requirements. At that time the Access ROW did not meet current standards because at some areas of the ROW the grade was at thirteen percent (13%) instead of the required maximum of ten percent (10%), and the minimum lot size for the Tourist Zone is two (2) acres. The property is only 1.74 acres and would not qualify for the Amended Final Plat process.

The Subdivision Regulations were amended on April 8, 2008, which included changes to the Amended Final Plat process. The new Amended Final Plat process now reads:

“No exterior boundary changes are allowed. Amended Final Plats shall be reviewed under the Final Plat provisions within these regulations unless the Board of County Commissioners determines that additional review is necessary. The Board of County Commissioners may require compliance with any additional items listed under the Preliminary Plat and/or Final Plat process.”

Staff is asking for direction on how to proceed with the Application to vacate the Access Right-of-Way and Utility Easements and to Amend the Final Plat.

{End of Staff’s memo}

The Board encouraged staff to move forward applying the new regulations.

Board Business

County Attorney DiCola presented the following Resolutions for Board approval:

Resolution No. 2008-4-15, “A RESOLUTION APPROVING AND AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GRAND, STATE OF COLORADO TO EXECUTE AN AMENDMENT TO THE CONSTRUCTION CONTRACT BY AND BETWEEN SUNSET FLOORING, INC. AND THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GRAND, STATE OF COLORADO FOR FLOOR COVERING INSTALLATION”

RESOLUTION NO. 2008-4-16, “A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GRAND, STATE OF COLORADO APPROVING THE WAIVER OF A BUILDING PERMIT FEE FOR THE GRAND LAKE FIRE PROTECTION DISTRICT”

Resolution No. 2008-4-17, “A RESOLUTION APPROVING AND AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GRAND, STATE OF COLORADO TO EXECUTE A SERVICES AGREEMENT BY AND BETWEEN EMERGENCY COMMUNICATIONS NETWORK, INC. AND THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GRAND, STATE OF COLORADO FOR A “CODERED EMERGENCY NOTIFICATION SYSTEM” LICENSE”

Resolution No. 2008-4-18, “A RESOLUTION APPROVING AND AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GRAND, STATE OF COLORADO TO EXECUTE A SERVICES CONTRACT BETWEEN GROUND ENGINEERING CONSULTANTS, INC. AND THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GRAND, STATE OF COLORADO FOR SUBSURFACE EXPLORATION AND GEOTECHNICAL RECOMMENDATIONS”

Resolution No. 2008-4-19, “A RESOLUTION APPROVING AND AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GRAND, STATE OF COLORADO TO EXECUTE A SERVICES CONTRACT BETWEEN ADARAND CONSTRUCTORS, INC. AND THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GRAND, STATE OF COLORADO FOR THE REPLACEMENT OF DAMAGED GUARDRAILS”

Resolution No. 2008-4-20, “A RESOLUTION APPROVING AND AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GRAND, STATE OF COLORADO TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE EAST GRAND COUNTY FIRE PROTECTION DISTRICT NO. 4 AND THE BOARD OF COUNTY COMMISSIONERS OF THE Special Board of County Commissioners Meeting – Grand County, Colorado April 14, 2008 Page 14 of 16

COUNTY OF GRAND, STATE OF COLORADO FOR STORAGE SPACE AT THE “OLD FRASER FIREHOUSE”

Commissioner Newberry moved to approve Resolution Nos. 2008-4-15 through 2008-4-20 as presented.

The motion passed unanimously.

Liquor License Renewals

Chief Deputy County Clerk and Recorder, Sandra Renfore, presented the Board with liquor licenses for renewal.

Commissioner Stuart moved to approve the renewal of the liquor license for Wildhorse Inn.

The motion passed unanimously.

Commissioner Stuart moved to approve the renewal of the liquor license for Dry Run Liquors.

The motion passed unanimously.

Commissioner Stuart moved to approve the renewal of the liquor license for Devil’s Thumb Ranch.

The motion passed unanimously.

Grand Community Gardens – Carol Morales

Ms. Morales stated that she is working to create community gardens. To this point, she has acquired three spots for the community gardens. Ms. Morales provided the Board with a layout of the gardens. She reported that the architect did that work at no charge.

There is a registry at Ace Hardware that will allow someone to sponsor a portion of the community gardens. Cold Springs Greenhouse will have a pallet set aside and when someone wants to buy something for the community garden, they can do so and it can be picked up later. Kopy Kat is accepting donations for printing for the project.

Ms. Morales stated that she has been to Alpine Lumber, Fraser Valley, and Highland Lumber and they will include a certificate to the construction companies so they can sponsor raised beds. Ms. Morales stated that the lumber and supplies for one raised bed is $75. Paper Clip is allowing a registry.

Ms. Morales stated one site for the gardens is Morales Farms. She is working with the town of Granby in the hope to use part of Morales Park for a garden. The town of Kremmling will be providing a site and there will be a site located in Hot Sulphur Springs provided by the Community Church. The town of Fraser is trying to find a location as well.

Ms. Morales stated that she has organized five gardening classes to teach people how build raised beds. It will help people learn how to garden in Grand County.

Ms. Morales stated that she has contacted farmers in Denver to come up and teach the last gardening class at Cold Springs Greenhouse. Ms. Morales stated that 2 percent of the people raise the food for the world. Two- thirds of that 2 percent over the age of 65.

Ms. Morales stated that she would like to see more gardens in people’s yards and community gardens all over the County.

Grand Community Gardens is working to become a non-profit.

Ms. Morales stated that the Chambers are willing to put up rack cards and put information on their web pages.

Ms. Morales stated that she has applied for a grant in the amount of $16,000 from Grand Foundation.

Special Board of County Commissioners Meeting – Grand County, Colorado April 14, 2008 Page 15 of 16

Ms. Morales stated that it is the goal of Grand Community Gardens to help people raise chickens and goats. The hope is to get the ranchers involved.

Ms. Morales stated that Grand Community Gardens has land in Kremmling. Brenda Kwang stated that in addition to or as an alternative she would like to see gardens at the fairgrounds.

Ms. Morales stated that the gardens get moved 4 feet in the fall. Chickens and goats will be brought in to clean up the garden area and a new garden will be started 4 feet away from the first garden. A bio-diverse garden is extremely important to keep a garden going without using chemicals.

Ms. Morales stated that Middle Park Soil Conservation District is coming up with mix to plant areas to keep the weeds out.

Ms. Morales stated that the gardens will be watered with sub-irrigation. Ariel watering is not efficient.

Ms. Morales stated that she would like to apply for funds from the County.

Commissioner Stuart stated that the Board has discussed providing $2,500 from each Commissioner District from Conservation Trust funds.

Ms. Morales stated that people can sponsor plots. Grand Community Gardens is working at getting into the schools. Ms. Morales stated that she is working with church clergy to get the program into the church school curricula.

Ms. Morales suggested that when new developments come in, developers should set up a community garden.

The Board agreed that the County can move dirt for the gardens.

2007 Conservation Easements – Follow Up

Planning Director Kris Manguso presented the Board with the Colorado Gross Conservation Easement Holders Submission of Information, DR 1299. The County monitors the easements that are under its control. Ms. Manguso stated that the form is new and it will need to be filed every year.

Commissioner Stuart moved to authorize the Chairman sign the Colorado Gross Conservation Easement Holders Submission of Information, DR 1299.

The motion passed unanimously.

Ms. Manguso stated that Mr. Warnes and Mr. Jenkins donated a conservation easement. Last Monday, Ms. Manguso received a phone call requesting from Mr. Warnes asking the Board to sign forms so that the donor can collect tax credit.

Ms. Manguso stated that she told Mr. Warnes that she would need the forms by April 16, 2008, in order to review them and make a recommendation to the Board. After sending a reminder on Thursday, Ms. Manguso stated that she did not receive the forms until today. Finally, completed forms were received at 3:15 p.m. today. Ms. Manguso stated that she has not had enough time to review the forms and cannot recommend approval until she is able to review.

Mr. DiCola stated that the County needs to get complete forms in a timely manner. Mr. Warnes stated that he will leave the forms for the Board to review. Mr. Jenkins stated that he will get an extension on his tax filing to get Board approval.

There being no further business to come before the Board, the meeting was adjourned at 3:35 p.m. Minutes were taken and prepared by Sara L. Rosene, County Clerk and Recorder. Approved this _____ day of April 2008.

______Gary Bumgarner, Chairman Special Board of County Commissioners Meeting – Grand County, Colorado April 14, 2008 Page 16 of 16

ATTEST:

______Sara L. Rosene Grand County Clerk and Recorder

[NOTE: UNLESS OTHERWISE NOTED, ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE ON FILE AND MAY BE REVIEWED IN THE CLERK AND RECORDER’S OFFICE.]