Town of Saguache

TOWN OF SAGUACHE Board of Trustees Special Session July 13, 2009

The Town of Saguache Board of Trustees met for a Special Session on July 13, 2009, with Trustees being present as follows:

Mayor Milton Jones Present Mayor Pro-tem Steve Sanchez Present Trustee Dario Archuleta Present Trustee Ruth Horn Absent Trustee Carla Quintana Present Trustee Tina Serna Present Trustee Laurie Vigil Absent

Town of Saguache employees being present as follows: Therese Garcia, Town Clerk Present Caroline W. Irwin, Deputy Clerk Absent Dan Pacheco, Public Works Absent

Town of Saguache Attorney being present as follows: Attorney Eugene Farish Present

Citizens present: Kate Vasha, Anne Nielsen – Nielsen Reality, Don Geddes, and Alexandria Harrison

Call to Order: by Mayor Jones at 5:36 p.m.

Moment of Silence and Pledge of Allegiance: was led by Mayor Jones.

Vista Grande: Review/Discuss/Approve: Contract between Seller and Buyer for Vista Grande Land. A draft contract from Nielsen Realty was reviewed by Trustees with Town Attorney Farish. The financial contribution of $32,500 from Saguache County has not been received yet. The Earnest non- refundable money in the amount of $10,000 is needed to pull property off the market per Nielsen Realty. Option 1, where the GOCO funds of $191,940 would go to the title company, was decided by the Trustees at the Regular Session on July 6th, 2009. The total land acquisition price is $266,000. The Town has received checks from the following partners: Orient Land Trust, Oasis Restaurant, Mountain Liquor, and ScSEED. Partners have until July 31st to provide their financial support to the project. Mayor Pro-tem Sanchez felt that risk was minimal. Dates on the draft contract were arbitrarily chosen by Nielsen Realty. Attorney Farish shared with Trustees that there are two things the Town is facing: 1. come up the asking price themselves, if partners do not match their commitment and 2. understand that the earnest money is non-refundable and could be lost, if price cannot be met. This project is going to be named Vista Grande Recreation Area. Earnest money is to be paid prior to the appraisal being done. Walter & Mullins’ date to do the appraisal is to be known as they were doing both the Hammel Superette appraisal and also the GOCO Smith-Hill land acquisition. Dates on the contract draft were chosen by Nielsen Realty. Dates still need to be worked on. GOCO will be contacted to ask about surveyors and appraisers that can be used on this project.

Special Session minutes for July 13, 2009 1 MOTION by Mayor Pro-tem Sanchez; Second by Trustee Archuleta Mayor Pro-tem Sanchez moved to approve the Buyer-Seller contract for the Vista Grande land acquisition with the changes of dates as we get them finalized. Vote as follows: Trustee Serna – aye; Trustee Archuleta – aye; Mayor Pro-tem Sanchez – aye; Mayor Jones – aye; Trustee Quintana - no VOTE: 4 – Aye; 1 – No; 0 - Abstain

Further discussion: Lessees on the Smith-Hill property will not be notified by them until there is a contract. Lessees have 30 days to move items of the land once there is a contract. Anne Nielsen advised that the sooner lessees can remove items the better so the Town does not have cleanup as an additional expense. Both Hill and Smith have equipment available to scoop up debris and remove it from the land prior to Phase I of this project. A Professional planner will be needed. More grant funds will be sought.

Review/Discuss: Coleman Land Proposal: Complete legal for the Coleman land will be sent from Nielsen Realty to Attorney Farish. Coleman’s counter offer was discussed. The Coleman property was listed as a donation in the written portion of the GOCO grant. The estimated value of $120,000 [120 acres at $1000 per acre] was not part of the GOCO grant budget. Discussion continued on 10,000 gallons per month free gratis per Coleman household, there are two. A 10% charge of base rate for every 1,000 used beyond the 10,000 gallons. Reference to the Town’s ordinance should be part of Coleman document. Discussion continued on the $1500 Coleman legal fees that they wish the town to pay although the Town attorney will be drawing up the land document. Contingencies were discussed. The legal fee amount from Coleman’s will be discussed further. In the absence of Mayor Pro-tem Sanchez email contact can be sent to Trustee Dario Archuleta. On Coleman counter-offer dated July 6, 2009 the words “water rights” need to be changed to “water rates”. Attorney Farish will have a document prepared for the Trustees by the Monday, July 20th meeting.

Hammel Superette update: Mayor Pro-tem Sanchez received word that Brownfield’s board has approved Phase 1 for environmental work at this site at no cost to the Town.

Adjourn: The meeting adjourned at 6:20 p.m.

TOWN OF SAGUACHE BOARD OF TRUSTEES SAGUACHE, COLORADO

______Milton Jones, Mayor

ATTEST:

______Therese Garcia, Town Clerk

Special Session minutes for July 13, 2009 2