3-6-2001
MINUTES OF A REGULAR BOARD OF COMMISSIONERS MEETING
Present: Duane E. Dailey, Chairman; James L. Newberry, Commissioner; Robert F. Anderson, Commissioner; Lurline Underbrink Curran, County Manager; Anthony J. DiCola, County Attorney; Sara L. Rosene, County Clerk and Recorder
March 6, 2001
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Chairman Dailey called the regular Board of Commissioners' meeting to order at 8:30 a.m.
Jail Inspection
The Board inspected the jail and found it clean and in order. There are 25 prisoners, 3 of whom are women.
Board Business/Correspondence/Calendar
Department heads present for the Board's business portion of the meeting were Lynn Dill, Gary Steffens, Michelle Mitchell, Bill Gray, Stu Findley, and Sara Rosene.
Those present recited the Pledge of Allegiance.
Commissioner Anderson stated that he received a request from the Middle Park Baseball Club. The Clubs has requested $2,500 for equipment.
Commissioner Anderson moved to grant $2,000 from District 2 Lottery Funds for Middle Park Baseball Club.
Motion passed unanimously.
Commissioner Anderson stated that the Board received a letter from Mountain Parks Electric thanking the Board for attending its meeting. The Commissioners from Grand and Jackson Counties attended the meeting and discussed the growth bills.
Chairman Dailey reviewed the memo from Gary Steffens with regard to County Roads 222 and 4.
The Board received a press release from CCI stating that Diana DeGette is working with Colorado Counties on amendments to wildness bills. Grand County is still in her wilderness bill. The press release stated that Congresswoman DeGette is meeting with counties. Grand County has not met with her, and she is going forward and adding 13,000 acres in her bill. Ms. Underbrink Curran stated that the County has not received a map of the proposed area.
The Board met with the Forest Service last week. It does not appear that Congressman Udall is going to
file:///C|/Copy%20of%20county_web/ClerkBoard/3-6-2001.html (1 of 16)11/20/2007 3:00:28 PM 3-6-2001 support the Forest Service Management Plan. Commissioner Newberry stated that the County is going back with the Forest Service to look at the proposal and compare it to the Forest Service Management Plan. The County will send a letter to the Congressman that the County is still reviewing the matter.
Commissioner Newberry stated that the County needs to prepare a resolution that addresses the County's issues.
The County reviewed a letter from Eric Lane, State Weed Coordinator, offering financial assistance in the amount of $3,500 from the 2001 Colorado Noxious Weed Management Fund for the purpose of implementing the County's project with regard to Leafy Spurge.
Chairman Dailey stated that the County's application for money from the Energy/Mineral Impact Assistance fund will be reviewed by the State Advisory Committee at its meeting in Battlement Mesa. Ms. Underbrink Curran will attend the meeting on March 16, 2001.
Chairman Dailey noted that Law Day will be celebrated on May 3, 2001.
Commissioner Newberry stated that he received a letter from Bondi stating that Bondi will no longer be performing a pro bono audit for the Advocates.
Commissioner Newberry stated that there is an UPCO meeting at the Denver Water Board's hearing room on April 20, 2001.
The Board will provide a letter in support of Granby and Kremmling for the CANDO project.
The Board reviewed a draft letter to the citizens of Tabernash. It is an update of where the County is on the issue.
Commissioner Newberry stated that the County e-mailed a list of the tasks for the consultant for the Transportation Development Plan.
The Board reviewed the lease for the library. The lease will be sent to the Library Board for its signature.
Commissioner Anderson moved to approve the minutes of the special Board of Equalization meeting of August 1, 2000.
Motion passed unanimously.
Commissioner Anderson moved to approve the minutes of the special Board of Equalization meeting of August 3, 2000.
Motion passed unanimously.
March 6 All three Commissioners will meet with the Winter Park Town Board at 6:00 p.m. March 7 Commissioner Anderson and Chairman Dailey will attend the Joint Steering Committee of the Health
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Advisory Committee Commissioner Anderson will attend the Grand Beginnings meeting March 8 Commissioner Newberry will attend the East Grand Water Quality meeting March 9 All three Commissioners will attend CCI meetings March 12 Commissioner Dailey will attend the Fair Board meeting Commissioner Newberry will attend a meeting regarding the sale of the Winter Park Ski area
Manager and Attorney Items
County Manager Underbrink Curran prepared a letter to excavators and gravel pit operators regarding work that Grand County has done on construction projects. The meeting will be March 22, 2001, at 7:00 p.m. at the EMS building in Granby.
Ms. Underbrink Curran stated that Jim Sheehan asked for a letter to request grant funds. The grant will make money available to support and establish a mountain building home fund.
Commissioner Newberry moved to authorize the Chairman to sign the letters to Congressman McInnis and Senator Nighthorse Campbell regarding the Colorado Mountain Housing Coalition Revolving Loan Fund Proposal.
Motion passed unanimously.
County Manager Underbrink Curran stated that there is a local government management conference on April 26 and 27, 2001.
Commissioner Newberry moved to approve Resolution No. 2001-3-1, A Resolution commending Joanne Anderson for her service to the citizens of Grand County.
Motion passed unanimously.
Ms. Underbrink Curran reported that there is a UCC meeting in Granby on March 8, 2001, at 7:30 a.m. at the El Monte.
County Attorney DiCola stated that the County has a contract with Hydrosphere. The County will administer the 319 Grant, which is a clean water grant to monitor water quality in the Three Lakes area for 3 years. Hydrosphere wants to make it clear that anything it does for the County, it will be able to sell.
County Attorney DiCola stated that he met with members of the East Grand Fire Protection District yesterday. The members would like the County to charge an impact for the development in their District. If the Commissioners would like to do this, they will need to hold a hearing.
County Attorney DiCola stated that the Bremner (yellow house) case has been fully briefed. Mr. DiCola stated that he is waiting for the judge's decision.
Lynn Dill stated that they had a good turnout at the open house for the Public Health Nurse.
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Michelle Mitchell stated that she requested funds for a strategic planning process for tobacco education. She will received $48,000 for this planning process from the tobacco settlement.
The Board reviewed the Clerk's fees for February 2001.
County Attorney DiCola stated that he reviewed ambulance regulations from other counties. The Board does not need to pass the regulations now, but the Commissioners may want to consider doing so in the future.
County Assessor Stu Findley stated that the abatements scheduled for 10:30 a.m. and 10:45 a.m. today will be withdrawn and handled by the Assessor.
Commissioner Anderson moved to appoint Rob Olchin to the Board of Adjustment as an associate member.
Motion passed unanimously.
Finance Director
Finance Director, Robert Semsack, presented the Warrant Register and Expenditure List to be paid on March 7, 2001, for vendor payments. The list for this period was verified by the Finance Director for the Board's approval.
Commissioner Newberry moved to approve and sign the warrants to be paid on March 7, 2001.
Motion passed unanimously.
Vacation of Portions of County Road 848
The public hearing scheduled to begin at 10:00 a.m. was called to order by Chairman Dailey at 10:08 a.m. County Attorney DiCola set the record.
Exhibit A Letter of application dated June 8, 2000 (with attachment) Exhibit B Photos of County Road 848 Exhibit C Grand County Planning Commission Resolution No. 2000-7-4 Exhibit D Memo from Gary Steffens, Grand County Engineer, dated July 14, 2000 Exhibit E Memo from Gary Steffens, Grand County Engineer, dated January 2, 2001 Exhibit F Memo from Warren Ward, Grand County Surveyor, dated January 3, 2001 (with attachment) Exhibit G Memo from Warren Ward, Grand County Surveyor, dated February 21, 2001 Exhibit H Public Notice for the Sky-Hi News Exhibit I Proof of Publication from the Sky-Hi News Exhibit J Buffer Map of County Road 848 Exhibit K Certified mailings with return receipts to all property owners within 500 feet as established by the Grand County GIS system; Bureau of Land Management; Sulphur Ranger District; Silver Creek Homeowners Association Exhibit L Site plan by Tim Shenk Land Surveying dated November 27, 2000
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Exhibit M Exhibit A by Tim Shenk Land Surveying dated November 27, 2000 Exhibit N Hurd Creek Meadows Subdivision Exemption Map Exhibit O Letter from Lisa A. Mullin dated February 26, 2001 Exhibit P Public review sheets (no signatures) Exhibit Q Certificate of Recommendation dated January 22, 2001
The following is all or part of staff's Certificate of Recommendation to the Board of County Commissioners as presented at the meeting on March 6, 2001.
APPLICANT: Andrew J. Petrie and Wendy A. Bergen (Parcel 3); Tama Funk (Parcel 2); and Marybeth and Ryan McKibbon (Parcel 1) RE: County Road 848 Vacation, Hurd Creek Meadows Subdivision Exemption LOCATION: Parcels 1, 2 and 3, Hurd Creek Meadows Subdivision Exemption STAFF CONTACT: Heather L. Peck REQUEST: The applicants are requesting the vacation of that portion of County Road 848 (labeled on the drawing as "Current" County Road 848) located on Lots 1 and 2 of the Hurd Creek Meadows Subdivision Exemption, and the portion of County Road 848 (labeled as "New" County Road 848, and marked with "xxxxxxx") located along the southern property line of Parcel 3, Hurd Creek Meadows Subdivision Exemption.
With the approval and recording of the Hurd Creek Meadows Subdivision Exemption (Reception Number 94006488) Grand County received right-of-way for two County Roads. The existing road across the parcel was granted, with a sixty foot (60') right-of-way, to Grand County with a Quit Claim Deed, said road is labeled on the final plat as County Road 848, Quit Claim. The "new" road, located just north of Hurd Creek and also labeled on the final plat as County Road 848, was granted to Grand County with Warranty Deed.
The original County Road 848 (labeled as "Current C.R. 848" on the applicants' drawing) runs in a northeasterly direction to the northern property line of Parcel 3. This right-of-way accesses U.S. Forest Service land to the north of this subdivision exemption.
The "Current" County Road 848 right-of-way runs northeasterly through the middle of Parcels 1, 2 and 3 of the Hurd Creek Meadows Subdivision Exemption. The County Road is located quite close to the residence on Parcel 1 which is owned by Ryan and Marybeth McKibbon. At this time, the road acts as a driveway to the McKibbon residence, and is not constructed to any standards beyond the McKibbon residence, but is a grass covered two-track into and across Parcels 2 and 3. The applicants are proposing that the "Current" County Road 848 is vacated through Parcels 1 and 2, to the property line common to Parcels 2 and 3.
The new County Road 848 (labeled as "New C.R. 848 on the applicants' drawing) is located adjacent to Hurd Creek along the southern boundaries of Parcels 1, 2 and 3, Hurd Creek Meadows Subdivision Exemption. This right-of-way ends at the property line common to Parcel 3, Hurd Creek Meadows Subdivision Exemption and the O.D. Presley ownership (60 acres in Section 34, T 1 N, R 75 W.
The applicants are also requesting to vacate that portion of "New" County Road 848 located along the southern boundary of Parcel 3, from approximately the western property boundary to the eastern boundary of said parcel. With the approval of the requested right-of-way vacations, the applicants will dedicate a 60' right-of-way approximately along the common boundary of Parcels 2 and 3 which would connect the "New" County Road 848 with the "Current" County Road 848. The portion of road that will connect the "New" County Road 848
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The applicants state that they have constructed the "New" County Road 848 to County Road Standards from the western boundary of Parcel 1 to approximately the western boundary of Parcel 3. With the successful vacation of the portion of "Current" County Road 848 the owners of Parcels 2 and 3 must dedicate to Grand County adequate right-of-way for a Cul-de-Sac that meets County Standards. Per the Grand County Road and Bridge Standards, a Cul-de-Sac requires a 130' diameter right-of-way. The applicants have provided draft Special Warranty Deeds granting the "Connector Road" and the Cul-de-Sac to Grand County from the owners of Parcels 2 and 3. These draft documents have been reviewed by the County Attorney's Office, and comments have been returned to Staff. The Special Warranty Deed from Andrew J. Petrie and Wendy A. Bergen and the Special Warranty Deed from Tama Funk, for the "Connector Road" and the Cul-de-Sac, should grant said rights-of-way to Grand County, Colorado, a Public Body Corporate and Politic duly organized and existing under the laws and constitution of the State of Colorado, the mailing address of which is Courthouse, P.O. Box 264, Hot Sulphur Springs, CO 80451-0264.
Upon the successful vacation of the portion of "Current" County Road 848, the applicants will be required to construct the Cul-de-Sac to Grand County Standards, construct the "Connector Road" to Grand County Driveway Standards (at minimum), and install appropriate County Road signs identifying the public right-of- way. As well, the applicants must remove the barbed wire fence from that portion of the "Connector Road" right-of-way, to provide an opening as wide as the right-of-way, and a section of trees at least 20' wide must be removed from the right-of-way of the "Connector Road" so that the right-of-way can be used by the public. These improvements must be completed by the applicants, and inspected and approved by the Grand County Engineer, prior to recording of any Resolution approving the right-of-way vacations.
Grand County applies the following methods of vacation to all vacation requests under C.R.S. 43-2-303: A vacation can only be authorized by the County if it meets one or more of the criteria that is outlines hereforth:
(1) All right, title, or interest of a county, of an incorporated town or city, or of the state or of any of its political subdivisions in and to any roadway shall be divested upon vacation of such roadway by any of the following methods: (a) The city council or other similar authority of a city or town by ordinance may vacate any roadway or part thereof located within the corporate limits of said city or town, subject to the provisions of the charter of such municipal corporation and constitution and statutes of the State of Colorado. (b) The board of county commissioners of any county may vacate any roadway or any part thereof located entirely within said county if such roadway is not within the limits of any city or town. (c) If such roadway constitutes the boundary line between two counties, such roadway or any part thereof may be vacated only by the joint action of the boards of county commissioners of both counties. (d) If said roadway constitutes the boundary line of a city or town, it may be vacated only by joint action of the board of county commissioners of the county and duly constituted authority of the city or town. (2) (a) No platted or deeded roadway or part thereof or unplatted or undefined roadway which exists by right of usage shall be vacated so as to leave any land adjoining said roadway without an established public road or private-access easement connecting said land with another established public road.
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(b) If any roadway has been established as a county road at any time, such roadway shall not be vacated by any method other than a resolution approved by the board of county commissioners of the county. No later than ten days prior to any county commissioner meeting at which a resolution to vacate a county roadway is to be presented, the county commissioners shall mail a notice by first-class mail to the last-known address of each landowner who owns one acre or more of land adjacent to the roadway. Such notice shall indicate the time and place of the county commissioner meeting and shall indicate that a resolution to vacate the county roadway will be presented at the meeting. (c) If any roadway has been established as a municipal street at any time, such street shall not be vacated by any method other than an ordinance approved by the governing body of the municipality. (d) If any roadway has been established as a state highway, such roadway shall not be vacated or abandoned by any method other than a resolution approved by the transportation commission pursuant to section 43-1-106 (11). (e) Paragraphs (b), (c), and (d) of this subsection (2) shall not apply to any roadway that has been established but has not been used as a roadway after such establishment. (f) If any roadway is vacated or abandoned, the documents vacating or abandoning such roadway shall be recorded pursuant to the requirements of section 43-1-202.7 (3) In the event of vacation under subsection (1) of this section, rights-of-way or easements may be reserved for the continued use of existing sewer, gas, water, or similar pipelines and appurtenances, for ditches or canals and appurtenances, and for electric, telephone, and similar lines and appurtenances. (4) Any written instrument of vacation or a resubdivision plat purporting to vacate or relocate roadways or portions thereof which remains of record in the counties where the roadways affected are situated for a period of seven years shall be prima facie evidence of an effective vacation of such former roadways. This subsection (4) shall not apply during the pendency of an action commenced prior to the expiration of said seven-year period to set aside, modify, or annul the vacation or when the vacation has been set aside, modified, or annulled by proper order or decree of a competent court and such notice of pendency of action or a certified copy of such decree has been recorded in the recorder's office of the county where the property is located.
As is permitted by subsection (3), C.R.S. 43-2-303, a right-of-way or easement may be reserved for the continued use of utilities. Mountain Parks Electric currently maintains a 20' easement across the westernmost portion of Parcel 3, however, this easement exists for a distance of only one hundred and seventy feet (170') into the property and ends at an electric vault located west of the dwelling located on that property. With the successful vacation of the portion of "New" County Road 848 across the southern boundary of Parcel 3, the owners of Lot 3 must provide a public utility easement, thirty feet (30') in width to Grand County. This easement shall extend from the western property boundary of Parcel 3 to the eastern property boundary of Parcel 3, and shall be located between the centerline and the northern edge of the existing County Road 848 right-of- way. A Deed of Easement, containing a correct legal description, must be provided to Grand County from the property owners of Parcel 3 for this public utility easement.
Per subsection (2) (a), C.R.S. 43-2-303, no platted or deeded roadway or part thereof or unplatted or undefined roadway which exists by right of usage shall be vacated so as to leave any land adjoining said roadway without an established public road or private-access easement connecting said land with another established public road. While it appears that current access to the property located to the east of the Hurd Creek Meadows Subdivision Exemption (owner of record - O.D. Presley) is via County Road 8482 (located south of Hurd Creek), this property could also be served by the public right-of-way of "New" County Road 848 across Parcel 3 of the Hurd Creek Meadows Subdivision Exemption. It should be noted that Certificates of Recommendation prepared by Staff in the past do not positively establish that County Road 8482 exists as a public right-of-way.
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On Friday, March 2, 2001, Staff received a letter from Lisa A. Mullin, who has entered into an Installment Land Contract to purchase the O.D. Presley property, requesting that with the successful vacation of the portion of County Road 848 across Parcel 3, Hurd Creek Meadows Subdivision Exemption, a sixty-foot (60') private access easement is granted to herself and her family members, and also that a public utility easement be granted for the future installment of utilities to this parcel. Staff has discussed the public utility easement previously in this Certificate of Recommendation. Regarding access to the O.D. Presley ownership, Staff feels that the request for a private easement for ingress and egress to this property is reasonable, and should be made a condition of any approval of the vacation of the "New" County Road 848 right-of-way across Parcel 3.
On the surface, this vacation request appears to be a straight-forward and reasonable request. However, at this time, Staff has some unanswered questions regarding road right-of-way in the Hurd Creek area. These questions do not come into play with the portion of "Current" County Road 848 across Parcels 1 and 2 of the Hurd Creek Meadows Subdivision Exemption that will be realigned to provide a continuous public right-of-way to public lands to the north. Questions do, however, arise with regard to the vacation of the "New" County Road 848 right-of-way crossing Parcel 3 and ending at the western property boundary of the O.D. Presley ownership. As stated previously in this review, the individual purchasing the O.D. Presley property has requested a sixty-foot (60') access easement, and Staff would support this request with any approval of this road vacation. Staff's concerns center around the vacation of any public interest in a public right-of-way in this area. There are many roads in the Hurd Creek area and many of these roads are historical. This may or may not be the case with the portion of County Road 848 west of the Hurd Creek Meadows Subdivision Exemption, and the road located south of Hurd Creek (County Road 8482). While Staff has every reason, at this time, to believe that public rights-of-way exist across these portions of road, this has not been positively established. Because Staff is unclear of the status of County Road 848 and County Road 8482, it may not be prudent to support the vacation request for the right-of-way of "New" County Road 848 across Parcel 3 at this time.
The Grand County Planning Commission reviewed this vacation request at their regular meeting on July 12, 2000, and recommended approval with Staff conditions with Grand County Planning Commission Resolution No. 2000-7-4.
Staff recommends approval, in part, of the requested vacation for the portion of "Current" County Road 848 across Parcels 1 and 2, Hurd Creek Meadows Subdivision Exemption with the followings conditions:
1. Executed originals of the following documents, with corrections as required per the Grand County Attorney's Office, and recording fees are provided: A. A correct, executed General Warranty Deed for the sixty foot (60') "Connector Road" right-of-way, from the owners of Parcels 2 and 3, Hurd Creek Meadows Subdivision Exemption to Grand County. B. A correct, executed General Warranty Deed for the Cul-de-Sac, from the owners of Parcels 2 and 3, Hurd Creek Meadows Subdivision Exemption to Grand County. The Cul-de-Sac right-of-way must meet all applicable County Standards for a Cul-de-Sac. Corrections must be made to these deeds as follows: a) THIS DEED, made this___day of_____, 2001, between Andrew J. Petrie and Wendy A. Bergen.....grantors, and Grand County, Colorado, a Public Body Corporate and Politic duly organized and existing under the laws and constitution of the State of Colorado, the mailing address of which is Courthouse, P.O. Box 264, Hot Sulphur Springs, CO 80451-0264, grantee. b) THIS DEED, made this___day of_____, 2001, between Tama Funk.....grantor, and Grand County,
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Colorado, a Public Body Corporate and Politic duly organized and existing under the laws and constitution of the State of Colorado, the mailing address of which is Courthouse, P.O. Box 264, Hot Sulphur Springs, CO 80451-0264, grantee. 2. The barbed wire fence located in the "Connector Road" right-of-way must be removed prior to recording of any Resolution approving the right-of-way vacation. 3. A section of trees, at least 20' wide, must be removed from the right-of-way of the "Connector Road", so that the right-of-way can be used by the public, prior to recording of any Resolution approving the right-of-way vacation 4. The applicants construct the Cul-de-Sac to Grand County Standards, construct the "Connector Road" to Grand County Driveway Standards, and install appropriate County Road Number signs. The same must be inspected and approved by the Grand County Engineer prior to recording of any Resolution approving the right-of-way vacation.
However, Staff cannot support the vacation of that portion of "New" County Road 848 across Parcel 3, Hurd Creek Meadows Subdivision Exemption at this time due to the many questions Staff has surrounding the status of County Road 848 west of this subdivision exemption and County Road 8482 located south of Hurd Creek. Lisa Mullin (O.D. Presley ownership) has requested that a sixty foot (60') access easement be granted across Parcel 3 so that she and her family may have access from County Road 848. Mountain Parks Electric has requested, with the successful vacation of this portion of County Road 848, that a public utility easement be granted from the western boundary of Parcel 3 to the eastern boundary of Parcel 3.
Once a public right-of-way has been vacated, it is very difficult, if not impossible for the public to regain that right-of-way. With the unanswered questions of Staff, the overall lack of information relating to road rights-of- way in the Hurd Creek area, the request by Lisa Mullin for a sixty foot (60') access easement, and the request by Mountain Parks Electric for a public utility easement, Staff cannot support the approval of the vacation of the "New" County Road 848 right-of-way across Parcel 3, Hurd Creek Meadows Subdivision Exemption.
Staff recommends denial of the vacation of that portion of "New"County Road 848 across Parcel 3, Hurd Creek Meadows Subdivision Exemption.
County Attorney DiCola stated that it seems that the connector needs to be installed. He wondered why it would not need to be to County Road standards.
The applicant stated that when they bought the subdivision exemption, there was a creek that runs between the new road and County Road 482. There was a driveway to the first house and beyond that was a goat path. The applicant put in a private road so it would be plowed. The applicant stated that the request is an "all or none" proposal. At the end of County Road 482 is Forest Service property and private property. There is access to both of those areas on a different road. The last thing that the applicant sees to be beneficial is to put a road across the meadow.
The applicant stated that Bill Gray looked at the request and helped come up with the plan. They noted that they just heard yesterday about their request not being approved. The applicant does not believe that the County's interest will go beyond their ownership. The need for the utility easement is between the landowner and the adjacent owner. Mr. DiCola stated that he believes the adjacent owner has the right to put the easement in the right- of-way.
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Mr. DiCola stated that he would like to know why the National Forest Service would allow this road to disintegrate. Paul Cruz, with the Forest Service, stated that he has questions, not comments. He has not seen the map. His main concern is that this may affect the National Forest. Mr. Cruz stated that it is his job to protect the public right-of-way. He added that he believes that there is access, but he is not sure, based on the information that he has been provided.
Hal Simmons stated that he built the original home for the applicant. He has never seen any use of the road that they are asking to vacate. He added that it has been abandoned for several years. County Attorney DiCola stated that the County has a joint planning agreement with the Forest Service. If the Forest Service needs more time for review, the County should provide more time.
Planning Director Gray stated that if this is an all or nothing request, he would change his recommendation to the Board. He would probably recommend denial. Mr. Gray added that the County has a request from the power company to deny.
Chairman Dailey stated that he would like to extend this hearing for two weeks.
Commissioner Newberry moved to continue the public hearing for the vacation of County Road 848 until March 20, 2001, at 10:00 a.m.
Motion passed unanimously.
MOU Colorado Works Program
The Board convened a special meeting of the Board of Social Services.
CDOT - Future Project Report
Mr. Bill Haight came before the Board with several employees of CDOT in an effort to address any concern the Board may have.
Owen Leonard, Region 3 District Manager, stated that he has received a request for off-system striping on County Roads. He feels that CDOT can help the County out on that project this year. He added that CDOT understands the needs of rural counties. He added that as a resource agency, CDOT needs to be able to partner with local entities for their needs. He added that he would like to trade in-kind work with the County. Mr. Leonard stated that he is looking for road material from the County.
Rich Persky stated that CDOT is busy in Grand County this year. CDOT has a $20 million resurface program region wide. An additional $4 million will go to resurface Highway 40 east of Kremmling to Tabernash. CDOT is scheduled to replace the Corral Creek Bridge by Parshall. The employees are working in Winter Park to reconstruct 3 miles of Highway 40. That work will help with the growth and development in that area.. Mr. Persky stated that the Winter Park project is a multi-year project. They will be careful to properly stage the work.
There will be work done on Highway 40 near Muddy Pass. It is not in Grand County, but it is very close.
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CDOT expects to get the work done this year.
Commissioner Anderson stated that the residents of Homestead Hills Subdivision are concerned over the entrance into their subdivision from Highway 40. There are approximately 45 homes in that area. The residents do not believe that Highway 40 needs an accel/decel lane. There may be a need for signs in that area. Mr. Persky stated that with the changes being made, this may be an opportunity to make some changes in that area. Jim Naill, of CDOT, will meet with the residents in the area. Mr. Naill stated that CDOT has ordered some signs. They have talked about narrowing some of the lanes and removing the rumble strips. This will allow people to pass safely around cars that are stopped on the highway waiting to turn into the subdivision. Ms. Underbrink Curran asked if there was enough room to add a lane. Mr. Persky stated that there is not enough room for additional width because there is a large rock outcrop. He added that the useable shoulder will be a help. Ms. Underbrink Curran noted that there is more of a challenge in the winter time than in the summer to make a correction when traveling east.
The YMCA intersection is scheduled for work in 2005.
Mr. Persky stated that narrowing the lanes will generally slow people down. There will be an advisory for drivers to slow their speed. Mr. Leonard stated that they may need to perform a study to look at lowering the speed. Chairman Dailey stated that the weather in the Red Dirt Hill area changes quickly, and the road is often dangerous.
Mr. Persky stated that local officials need to take this work to the STIP process for future work. He added that the 20-year plan is reviewed every 5 years. The YMCA work may need fill, and the rock cut in the Red Dirt Hill area may help.
Mr. Leonard stated that CDOT will get as much width as it can. They will look at the speed and will look at the budget for snow and ice on that portion of the road. CDOT will try to provide a better level of service for snow and ice removal.
Mr. Persky stated that the Winter Park project is complex. CDOT is getting a great deal of help from the Winter Park Town Council.
Bernie Ley, of CDOT, stated that he has hauled material from Diamond Creek Bridge to Anderson Flats. He has hauled material from the frost heave project on Rabbit Ears to Anderson Flats. Mr. Ley noted that CDOT has put down 4,616 tons of asphalt on several roads in the County including Highways 40, 9, and 134.
The overlay projects will start after the first of July.
Mr. Naill stated that CDOT approved 15 road cut permits in Grand County last year. CDOT put down $71,000 in routine striping and $30,000 in routine signage. CDOT contracted for $175,000 in striping and there will be $163,000 in contract striping this year.
A speed survey has been ordered for Highway 9 from Kremmling to the south. There is a signal review for County Road 8.
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There will be work on Berthoud Pass through 2005. CDOT does not expect lane closures in the winter after this project is done. Mr. Haight stated that CDOT understands that the work needs to be as convenient as possible for the traveling public. Ms. Underbrink Curran stated that there needs to be more portable toilets along Berthoud Pass. She added that CDOT may need to let the traveling public know they can use the portable toilets.
On Berthoud Pass, a crib wall has failed. CDOT will have construction done there this year. There will be closures for that repair.
There will be resurfacing done on Highway 9 from Ute Creek to the County line.
Billy Sumerlin stated that CDOT has helped the County with the weed program. There will be a meeting with CDOT on March 29, 2001, regarding the funding for the weed program.
Silver Creek Meadows - Abatement
Jan DiDonato, of the Assessor's Office, stated that there was a mapping error and this schedule needs to be abated for 2000.
Commissioner Newberry moved to approve Resolution No. 2001-3-2, A Resolution approving abatement No. 01-01, Schedule No. 024-R206339, for Silver Creek Meadows in the amount of $1,479.50.
Motion passed unanimously.
Seth B. and Stephanie D. Sadler Abatement
Brian Reynolds, Grand County Appraiser, stated that the Sadler parcel was valued as residential and should have been agricultural. It was missed last year. County Attorney DiCola stated that there must be evidence that there has been agricultural use for 3 years prior to the year requested. Commissioner Newberry stated that he cannot remember any agricultural use on that land.
The Board would like some verification on this issue. The Commissioners noted that Mr. Sadler needs to be present to make his case.
Commissioner Anderson moved to continue the hearing to March 13, 2001, at 3:00 p.m.
Review of Emergency Operations Plan
County Engineer, Gary Steffens, presented the Emergency Operations Plan to the Board and asked the Board to review and make corrections or updates. There is $1,200 for the Emergency Management Plan available from RETAC. The County will need to make application.
Ms. Underbrink Curran suggested that the County Engineer prepare an update for the next Mayor, Manager, and Commissioners meeting.
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The Board will review the plan and give comments to the County Manager.
Board of Health - Douglas - Slow Percolation Rate
The Board convened a special meeting of the Board of Health.
Nancy Klocke - Transfer Protocols
Ms. Klocke will be meeting with dispatch and all the ambulance districts to work on transfer protocols.
Commissioner Anderson stated that he wants to make sure that the County can still respond to 911 calls.
Ms. Klocke stated that she recommends approval of the transfer protocols. Ms. Underbrink Curran recommends that the Board approve the transfer protocols.
Commissioner Newberry moved to approve the transfer protocol for the Grand County EMS plan.
Motion passed unanimously.
Commissioner Newberry stated that the EMS budget overview came back identifying that Grand County was not making money. Finance Director Semsack stated that there was some inconsistency with regard to property taxes and delinquent taxes in the figures.
Board Business
Commissioner Newberry moved to approve Resolution No. 2001-3-3, A Resolution approving the Lakeside at Pole Creek Townhomes amended Subdivision Improvements Agreement.
Motion passed unanimously.
Commissioner Anderson moved to approve Resolution No. 2001-2-12, A Resolution approving the Brinning Outright Exemption located on a tract in Lot 12, Section 6, Township 3 North, Range 76 West of the 6th P.M., Grand County, Colorado.
Motion passed unanimously.
Commissioner Anderson moved to approve Resolution No. 2001-2-13, A Resolution approving the final plat of the Brinning Subdivision Exemption located on a tract in Lot 12, Section 6, Township 3 North, Range 76 West of the 6th P.M., Grand County, Colorado, and authorize the Chairman to sign the Water Quality Agreement and the final plat.
Motion passed unanimously.
Commissioner Newberry moved to amend his motion to approve Resolution No. 2001-3-3 approving the
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Lakeside at Pole Creek Townhomes amended Subdivision Improvements Agreement and authorize the Chairman to sign the amended Subdivision Improvement Agreement for Lakeside Townhomes.
Motion passed unanimously.
Commissioner Anderson moved to approve Permit Authority Resolution No. 2001-1-1, A Resolution granting to Three Lakes Water and Sanitation District an amended Permit to engage in an activity designated as a matter of State interest pursuant to the board of County Commissioners of the County of Grand, State of Colorado Resolution No. 1978-5-4.
Motion passed unanimously.
Commissioner Newberry moved to approve Resolution No. 2001-3-4, A Resolution vacating a portion of Elk Meadows Drive East being located in the Valley at Winter Park Subdivision, recorded at Reception No. 2000005081 of the Grand County real property records, County of Grand, State of Colorado.
Motion passed unanimously.
Commissioner Newberry moved to approve Resolution 2001-3-5, A Resolution approving the amended final plat of the Valley at Winter Park Subdivision, recorded at Reception No. 2000005081, Grand County real property records, being a portion of Sections 4 and 9, Township 1 South, Range 76 West of the 6th P.M., County of Grand, and State Colorado, and authorize the Chairman to sign the amended and restated Subdivision Improvements Agreement for Valley at Winter Park, the amended and restated Subdivision Improvements Agreement for the club house, the amended and restated Water Quality/Wastewater Agreement for the Valley at Winter Park, the amended Deed of Trust for Mr. Anema's lots, the amended Deed of Trust for Mr. Eckelberger's lots, the corrected Grant of Easement for utilities, and the final plat Mylar.
Motion passed unanimously.
Commissioner Newberry moved to approve Resolution No. 2000-11-15, A Resolution approving a donation of lottery funds to the Grand Huts Association in the amount of $1,000 from District Number 1, $300 from District Number 2, and $200 from District Number 3.
Motion passed unanimously.
Commissioner Newberry moved to approve Resolution No. 2000-11-16, A Resolution by the Board of County Commissioners sitting as the Board of Health, approving the Tracey individual sewage disposal system for Lot 7, Block E, Filing 4, Old Park Subdivision, Grand County, Colorado.
Motion passed unanimously.
Commissioner Newberry moved to approve Resolution No. 2000-12-42, A Resolution authorizing the Chairman of the Board to sign the agency/organization signature page to implement the Middle Park Sage Grouse Conservation Plan.
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Motion passed unanimously.
Commissioner Newberry moved to approve Resolution No. 2000-12-43, A Resolution approving a Release to an Agreement dated January 31, 1979, and recorded March 19, 1979, in Book 256 at Page 615 of the records of the Grand County Clerk and Recorder.
Motion passed unanimously.
Commissioner Anderson moved to approve Resolution No. 2000-12-44, A Resolution approving the renewal of a license agreement for a model airplane facility at the Willow Creek Pumping Facility in District 2, Colorado- Big Thompson Project, Grand County, Colorado (License No. 7-ML-60-CO704).
Motion passed unanimously.
Commissioner Newberry moved to approve Resolution No. 2000-12-45, A Resolution approving the mileage reimbursement rate of 34.5 cents per mile effective January 1, 2001.
Motion passed unanimously.
Commissioner Newberry moved to approve Resolution No. 2000-12-46, A Resolution approving the building closure and holiday schedule for the courthouse at Hot Sulphur Springs for 2001.
Commissioner Anderson aye Commissioner Newberry aye Chairman Dailey no
The motion passed.
Commissioner Anderson moved to approve Resolution No. 2001-1-12, A Resolution approving the appointment of Jude Dwyer to the Grand County Tourism Board as replace for Gaylene Ore.
Motion passed unanimously.
Commissioner Anderson moved to approve Resolution No. 2001-1-13, A Resolution approving a donation of lottery funds from District 3 in the amount of $1,500 to the Colorado Blue Ididarace.
Motion passed unanimously.
Commissioner Anderson moved to approve Resolution No. 2001-1-14, A Resolution approving the re- appointment of Joan Canon of District 2 to the Health Advisory Committee.
Motion passed unanimously.
Commissioner Anderson moved to approve Resolution No. 2001-1-15, A Resolution approving the re-
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Motion passed unanimously.
Commissioner Newberry moved to approve Resolution No. 2001-1-16, A Resolution approving a contract by and between Winter Park, a Colorado municipal corporation and Grand County for police services furnished to Winter Park by and through the Grand County Sheriff's Office.
Motion passed unanimously.
Commissioner Newberry moved to approve Resolution No. 2001-1-17, A Resolution approving a Child Support Enforcement Purchase of Legal Services Agreement by and between Mary C. Hoak, Attorney at Law, LLC and the Grand County Department of Social Services.
Motion passed unanimously.
Commissioner Newberry moved to approve Resolution No. 2001-1-18, A Resolution approving a Child Support Enforcement Purchase of Legal Services agreement by and between Anthony J. DiCola and the Grand County Department of Social Services.
Motion passed unanimously.
There being no further business to come before the Board, the regular meeting was adjourned at 4:10 p.m. Minutes were taken and prepared by Sara L. Rosene, County Clerk and Recorder. Approved this ______day of March, 2001.
______Duane E. Dailey, Chairman ATTEST:
______Sara L. Rosene Grand County Clerk and Recorder
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