MEETING MINUTES GRAND COUNTY BOARD OF COUNTY COMMISSIONERS GRAND COUNTY DEPARTMENT OF SOCIAL SERVICES GRAND COUNTY BOARD OF HEALTH GRAND COUNTY HOUSING AUTHORITY December 8, 2020
Present: Commissioner Richard D. Cimino, Commissioner District 1 Commissioner Merrit S. Linke, Commissioner District 2 Commissioner Kristen Manguso, Commissioner District 3 - Chair Also Present: County Clerk and Recorder Sara L. Rosene Acting County Manager Ed Moyer County Attorney Chris Leahy Assistant County Attorney Maxine LaBarre-Krostue
Those present recited the Pledge of Allegiance.
Commissioner Cimino moved to approve the Meeting Minutes of the October 13, 2020, Board of County Commissioners meeting as presented.
The motion passed unanimously.
Commissioner Linke moved to approve the Meeting Minutes of the October 20, 2020, Board of County Commissioners meeting as presented.
The motion passed unanimously.
Commissioner Linke moved to approve the Meeting Minutes of the October 27, 2020, Board of County Commissioners meeting as presented.
The motion passed unanimously.
Commissioner Linke moved to approve the Meeting Minutes of the Special meeting of the November 2, 2020, Board of County Commissioners meeting as presented.
The motion passed unanimously.
Commissioner Linke moved to approve the Meeting Minutes of the November 5, 2020, Grand County Housing Authority with one correction.
The motion passed unanimously.
Commissioner Manguso announced that the Board is sitting as the Grand County Housing Authority.
Housing Authority Director Sheena Darland presented:
I have been notified by Middle Park Health that the 1998 Dodge Van that is currently owned by Grand County Housing Authority and has been used by Cliffview Assisted Living Center has had an inspection done on it and it is no longer safe for use. Middle Park Health has discontinued the use of the van.
Request: I am requesting board recommendation and approval as to how to proceed with disposing of the 1998 Dodge Van.
Commissioner Cimon moved to approve the request to dispose the 1998 Dodge van and authorize the Chair to sign the title to the Kremmling Fire Protection District.
The motion passed unanimously.
Commissioner Cimino moved to approve and authorize the Chair to sign the Right of First Refusal Agreement, Addendum to First Amended and Restated Agreement of Limited Liability Partnership of the Mill Apartments LLP, Memorandum of Agreement with regard to the Mill Avenue Apartments.
The motion passed unanimously.
Commissioner Manguso announced that the Board is sitting as the Grand County Board of County Commissioners. Meeting Minutes December 8, 2020 Grand County Board of Commissioners Page 2 of 22 Grand County Board of Social Services Grand County Board of Health Grand County Housing Authority Daniella Gosselova called about the meeting last Thursday. Ms. Gosselova stated that she listened to the meeting last Thursday and she was concerned over what she heard.
The Board made the decision by email discussions to move some of the criteria to red with regard to COVID. The County will remain in orange, but some requirements fall into the red category.
Jen Fanning expressed concern over how the Board made its decision last Thursday with a lack of transparency.
Finance Department
Finance Director Curtis Lange presented the Check Register and Expenditure List to be paid on December 9, 2020, for vendor payments. The list for this period was verified for the Board’s approval.
Commissioner Linke moved to approve the checks presented on December 8, 2020 for payment on December 9, 2020 for the Grand County Housing Authority.
The motion passed unanimously.
Finance Director Curtis Lange presented the Warrant Register and Expenditure List to be paid on December 9, 2020, for vendor payments. The list for this period was verified for the Board’s approval.
Commissioner Linke moved to approve the vouchers presented on December 8, 2020, for payment on December 9, 2020, for the Grand County Board of Social Services.
The motion passed unanimously.
Commissioner Linke moved to approve wire payment and vouchers presented on December 8, 2020, for payment on December 9, 2020 for Grand County.
The motion passed unanimously. Potential Pandemic and Fire costs effect to 2020 budget as of 12-8-2020 (starting week 39 of IMT)
REVENUES Sales and Lodging taxes, Building and Short-Term Rental fees, and Highway Users taxes are all expected to be lower than originally budgeted for 2020. Sales taxes are projected to be 95% of the budgeted level and Lodging taxes are projected to be 80% of the annual budget. Building permits are projected to be 80% of the original budget amount. Short-Term Rental renewals are projected to be 100% of the budgeted level. Highway User Taxes are projected to be slightly lower than budgeted for 2020. Airport reimbursements for projects are projected to be increased from 95% to 100% of costs.
Current expected 2020 Budget Sales tax $ 6,868,500 $ 7,230,000 Lodging tax $ 969,000 $ 1,292,000 Building permits $ 749,360 $ 936,700 Short-term rental fees $ 136,300 $ 136,300 Clerk & Recorder $ 800,000 $ 800,000 Airport project reimbursements $ 4,849,000 $ 4,624,000 Highway Users tax $ 1,909,000 $ 2,009,000 Cares Act Reimbursement $ 653,584 $ - Total $ 16,934,744 $ 17,028,000 Revenues expected to be lower $93k in 2020 COVID-19 EXPENDITURES in excess of budget Incurred 3/14 thru 12/8 Expected Costs thru 12/31 COVID-19 personnel $ 329,103 $ 358,212 Grand Foundation Business Grant Program & PPE $ 130,000 $ 130,000 Grand County Rural Health - Covid-19 tests $ 10,000 $ 10,000 Other Operating expenses $ 137,077 $ 155,372 Totals $ 606,180 $ 653,584 EAST TROUBLESOME FIRE (ETF) EXPENDITURES Spent 10/14 thru 12/8 ETF non-budgeted OT ( Sheriff, P Health, R&B) $ 131,419 ETF operating expenses paid $ 105,575 Total paid expenses – ETF $ 236,994
Other potential expenses ordered by EOC but not billed to Grand County yet (per OEM Director 12-7): Grand County EOC ordering for staff, logistics and emergency protective actions $ 12,000.00 Grand County Sheriff ordering for evacuation and emergency protective actions $ 300,000.00 Northwest Council of Government GIS services for incident mapping and evacuation $ 6,000.00 Potential expenses (please see note below) $ 318,000
Total ETF costs paid and to be paid $ 554,994 Note: Grand County has budgeted $150k for emergency response expenses for 2020. The "Other potential expenses…" above may be duplicates of actual expenses shown as paid, and/or may not ever be billed to Grand County. These costs are shown as potentially due by Grand County at some point in the future. Expenditures expected to be higher $1.2 million Expected Effect to 2020 budget ($1.3 million) Meeting Minutes December 8, 2020 Grand County Board of Commissioners Page 3 of 22 Grand County Board of Social Services Grand County Board of Health Grand County Housing Authority Departmental Contracts, Comments, Issues
Clerk and Recorder Sara Rosene presented the monthly revenue for November 2020.
Commissioner Linke moved to approve the Services Contract between Grand County and Blackwell Oil Company, Inc. for fuel, oils, and lubricants as presented.
The motion passed unanimously.
Commissioner Linke moved to approve the Construction Contract between Grand County and Acord Asphalt, Inc., in the amount of $1,547,137.64 for County Roads 48, 49 and the 3.37 miles of County Road 64W as presented.
The motion passed unanimously.
Commissioner Linke moved to approve the Services Contract between Grand County and Innovation Economy Partners, LLC to obtain professional webpage services to enhance the capabilities of the WorkInGrand platform to be paid for by the NWCCOG Economic Development District EDA CARES Act Recovery Assistance to Counties.
The motion passed unanimously.
The Board noted that it will be receiving the Small Dollar Grant Award Amendment #1 for the REDI 19-506 Grand County LONE in the amount of $5,000.
Grand County Board of Health
Commissioner Manguso announced that the Board is sitting as the Grand County Board of Health. The two-week case count is at 161 cases.
There are currently five hospitalized patients.
There is a member of the contact tracing team that will be working with businesses regarding concerns.
With regard to changing the dial for Grand County, Dr. Selenke gave the following history:
November 30 Spoke with CDPHE and was asked if Grand County was considering going to red. Dr. Selenke said that it is very important for businesses to remain open during the holiday season. December 3 Dr. Selenke was able to work with community leaders and business leaders and start sending out messaging to Board of Health and town managers in what it may look like for us to engage some level red restrictions but not all level red restrictions. The reason for adopting some is that there are many sectors that are operating in a manner in which there is documented COVID being spread. It seems that COVID is being spread between patrons of restaurants but not from the workers in the restaurants.
Dr. Selenke stated that Colorado Senate Bill 20B-001 is a COVID relief bill. The relief bill requires the local area to be in a red status from December 10 to December 30. Given the amount of money versus the tourism dollars that we see during that time, the general consensus business owners and town managers that may not be enough compensation for us to be in a full red during the time.
There is also a Five-Star Program that was developed in Mesa County. Many counties are looking at it. It is a best practices program that allows businesses to follow even stricter measures and enhance public health in the businesses, you can open under red with a higher capacity. It looks very promising. The concerns are that it is not been fully vetted with CDPHE. CDPHE will not have the program ready until December 18. There is not a guarantee that it will be adopted.
Commissioner Linke would like to go onto the record to encourage better hours, more staffing, or something to help with the post office.
Commissioner Cimino moved to donate $100,000 to the Grand Foundation to Business Assistance Fund.
Discussion: Acting County Manager Moyer stated that he understands that $47,000 of the $100,000 could be reimbursed by the CARES act. The remainder will likely come from the General Fund. Meeting Minutes December 8, 2020 Grand County Board of Commissioners Page 4 of 22 Grand County Board of Social Services Grand County Board of Health Grand County Housing Authority
The motion passed unanimously.
A vaccine plan is being worked out.
Public Health Director Brene Belew-LaDue read the following letter:
Dear Commissioners and Ed, Today I am tendering my resignation effective January 15, 2021. This is my choice. I am choosing my health, mental health and my family. My staff is aware of my notice. I do have a few words to say.
For the past 17 years I have served as the Director of Grand County Public Health (GCPH). I have led through outbreaks of pertussis, influenza, hepatitis A, and tuberculosis. I have been the lead for three community health assessments and the ACHES & PAINS programs were my brainchild, as well as serving on the Grand County Rural Health Network Board of Directors. I am proud of the accomplishments and the services that Grand County Public Health, Home Care, and Senior Services have provided to the community. The health of the community has always been my first priority. This decision is difficult for me especially during such a time of great need. It makes me sad to leave behind all the professionals I’ve worked with over the years.
Last year in October 2019, I realized that my values and mission in life and our public health mission did not align with the goals of the current BOCC. I quote statements by the BOCC from the public health budget hearings on 10/07/2019: • “The only thing we have to do as a county is have one public health director.” • “as far as an emergency, we could look for federal monies and emergency funds” • “we could call in reserves rather than have FTE all the time.”
These quotes were in reference to a questioning of the need for all the public health staff, the need to continue our vaccine program in order to be prepared for an epidemic or pandemic, and the BOCC solutions for how these types of issues could be handled in the future. Clearly in the time of Coronavirus and the East Troublesome Fire, thank goodness this approach was not taken. The BOCC/BOH has been supportive of the financial decisions we have made over the last year, as a whole until recently the BOCC has not favored the public health prevention methods that we have supported nor the state nor the nation. The fact is, Grand County Public Health’s prevention measures have always been in alignment with the state and the nation.
Before I close, I want to thank my staff that has been so supportive during this chaotic year. There are a few that have been part of my team for many years, I treasure their loyalty to GCPH. They have done excellent work for the county citizens to keep them fed and assist with their health needs. I want to commend Abbie Baker for the leadership she has shown during COVID, especially the challenges of the contact tracing and investigation team. I also want to thank the Headwaters Incident Management Team (IMT). With their leadership and bold work that was done in the spring, this county stayed in a low level of COVID disease. It was an honor to serve with the IMT, and I have great respect and admiration for the team. I owe a great deal to our Medical Officer, Dr. Darcy Selenke. She has been my mentor, my rock, and my sounding board during this ordeal. She has given many in-kind hours to this response; Grand County is fortunate to have such a caring and generous professional.
With my departure it is my great hope the BOCC/BOH will be able to look at the big picture and lead the county through the continued response and recovery. Sincerely, E. Brene Belew-LaDue, BSN, RN
Commissioner Manguso announced that the Board is sitting as the Grand County Board of County Commissioners.
Manager and Attorney Items
Water Quality Specialist Katherine Morris requested approval to waive the general liability insurance provisions in the County services contract in order hire a contractor to provide water quality technical assistance. The contract is under $50,000 and does not require a RFP per County policy. Upon any approval today, Ms. Morris is proposing to start the contract as soon as possible as she can cover the December costs in Meeting Minutes December 8, 2020 Grand County Board of Commissioners Page 5 of 22 Grand County Board of Social Services Grand County Board of Health Grand County Housing Authority the current water budget. This was contemplated in the 2021 budget so the funds are available. At this time, it is in lieu of hiring a person as a part-time employee.
Commissioner Cimino to waive the liability requirements and move forward with the contract.
The motion passed unanimously.
County Attorney Leahy stated that this is to waive the requirement to be fully insured for the potential liability of the county. It was not to waive insurance in general. There is not a requirement for the County to have everyone insured to $1.1 million; however, the County’s exposure goes to $1.1 million. It is in the exercise of discretion of staff or leadership to decide if we are fully insured or not. It is completely legitimate to make determinations at times to be more cost effective in the business being done to have certain contractors not be insured to the full exposure limit of the county.
Assistant County Manager Moyer stated that this is to waive the full liability.
Assistant County Manager Moyer acknowledged employee anniversaries for December.
Board Business / Correspondence / Calendar
Commissioner Cimino moved to appoint Ed Moyer as the Acting County Manager.
The motion passed unanimously.
Commissioner Cimino moved to appoint Paula Isakson to the Tourism Board for a full term.
The motion passed unanimously.
Commissioner Cimino moved to appoint Chris Olivier to the Tourism Board for a full term.
The motion passed unanimously.
The District Attorney would like to purchase a vehicle in the 2021 budget. It was not part of the original budget request. Commissioner Linke proposed that it be approval be included in the 2022 budget. Commissioners Cimino and Manguso agree.
Calendar
Commissioners Linke and Manguso attended the NWCCOG meeting.
Commissioner Linke attended the climate resiliency panel.
Commissioner Linke attended the Colorado Cooperation meeting.
Commissioner Linke attended a Club 20 Executive Committee call.
Commissioner Cimino attended a meeting of the Emergency Fire Fund. The group is going to try for some legislation that will encourage counties to join the emergency fire fund.
Commissioner Cimino attend a CCAT meeting regarding a transportation bill.
Commissioners Manguso and Cimino attended the Sun Valley call with regard to the fire and concern for runoff.
Community Development attempted to put a red tag on the Linsmayer property. The gate was locked and they put the red tag on the gate. The property will be red tagged today.
Consent Agenda
Resolution No. 2020-12-4, “A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GRAND, STATE OF COLORADO APPROVING THE APPOINTMENT OF RALPH GRAVES AS DISTRICT III REPRESENTATIVE TO THE GRAND COUNTY PLANNING COMMISSION”
Meeting Minutes December 8, 2020 Grand County Board of Commissioners Page 6 of 22 Grand County Board of Social Services Grand County Board of Health Grand County Housing Authority Commissioner Cimino moved to approve the Consent Agenda and have stamps affixed.
The motion passed unanimously.
Treasurer’s Report
County Treasurer Frank DeLay presented the monthly Treasurer’s Report.
Approve & Sign Resolution: 2021 Final Budget
Commissioner Cimino moved to approve Resolution No. 2020-12-1, “A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GRAND, STATE OF COLORADO APPROVING AND ADOPTING A BUDGET FOR GRAND COUNTY FOR FISCAL YEAR 2021” and authorize the Board signatures to be stamped.
The motion passed unanimously.
Commissioner Cimino moved to approve Resolution No. 2020HA-12-2, “A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GRAND, STATE OF COLORADO, ACTING IN THE CAPACITY AS THE BOARD OF THE HOUSING AUTHORITY OF THE COUNTY OF GRAND, COLORADO, APPROVING AND ADOPTING A BUDGET FOR THE HOUSING AUTHORITY OF THE COUNTY OF GRAND, COLORADO FOR FISCAL YEAR 2021” and authorize the Board signatures to be stamped.
The motion passed unanimously.
Commissioner Cimino moved to approve Resolution No. 2020PID-12-3, “A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GRAND, STATE OF COLORADO, ACTING IN THE CAPACITY AS THE BOARD OF THE POLECREEK MEADOWS PUBLIC IMPROVEMENT DISTRICT, APPROVING AND ADOPTING A BUDGET FOR THE POLE CREEK MEADOWS PUBLIC IMPROVEMENT DISTRICT FOR FISCAL YEAR 2021” and authorize the Board signatures to be stamped.
The motion passed unanimously.
2020 Budget Supplemental
Commissioner Cimino moved to approve Resolution No. 2020-12-6, “A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GRAND, STATE OF COLORADO PROVIDING FOR A SUPPLEMENTAL BUDGET APPROPRIATION FOR THE EMERGENCY MEDICAL SERVICES FUND OF GRAND COUNTY FOR FISCAL YEAR 2020 AND AMENDING RESOLUTION 2019-12-1” in the amount of $160,000 and authorize the Board signatures to be stamped.
The motion passed unanimously.
Commissioner Cimino moved to approve Resolution No. 2020-12-7, “A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GRAND, STATE OF COLORADO PROVIDING FOR A SUPPLEMENTAL BUDGET APPROPRIATION FOR THE CONSERVATION TRUST FUND OF GRAND COUNTY FOR FISCAL YEAR 2020 AND AMENDING RESOLUTION 2019-12-1” in the amount of $35,000 and authorize the Board signatures to be stamped.
The motion passed unanimously.
Commissioner Cimino moved to approve 2020PID-12-8, “A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GRAND, STATE OF COLORADO PROVIDING FOR A SUPPLEMENTAL BUDGET APPOPRIATION FOR THE POLE CREEK PUBLIC IMPROVEMENT DISTRICT FUND OF GRAND COUNTY FOR FISCAL YEAR 2020 AND AMENDING RESOLUTION 2019 PID-12-3” in the amount of $500 and authorize the Board signatures to be stamped. The motion passed unanimously.
Approve 2021 Budget Message
Commissioner Linke moved to approve the budget message as presented and authorize the Board signatures to be stamped.
Meeting Minutes December 8, 2020 Grand County Board of Commissioners Page 7 of 22 Grand County Board of Social Services Grand County Board of Health Grand County Housing Authority The motion passed unanimously.
Public Hearing – Special Use Permit, AT&T Williams Peak / Blue Ridge
The public hearing scheduled to begin at 11:00 a.m. was called to order by Chair Manguso at 11:00 a.m. County Attorney Chris Leahy set the record as follows:
A Development Application and Narrative dated September 23, 2020 B. Public Notice - Middle Park Times, dated November 6, 2020 C. Proof of Publication - Middle Park Times, dated November 17, 2020 D. Memorandum from the of Community Development Department to interested parties, dated November 12, 2020 E. Vicinity Map depicting 500' notification buffer, as established by the Grand County GIS F. List of property owners within the 500' notification buffer, as established by the Grand County GIS G. Vicinity Map depicting 1000' notification buffer, as established by the Grand County GIS H. List of property owners within the 1000' notification buffer, as established by the Grand County GIS I. Blue Ridge Communications Site Plan, no date J. Vicinity Map depicting actual site K. Attachment to SF299 Blue Ridge Williams Peak National Forest Service dated August 13, 2020 L. Draft Telecommunications Grand County Special Use Permit dated December 8, 2020 M. Community Development Department Certificate of Recommendation, dated December 8, 2020 N. Coverage maps, dated November 12, 2020 O. Balloon test photos and simulations, no date P. Narrative for Balloon test Public Notice, dated October 28, 2020 Q. Commitment for Title insurance, dated February 20, 2020
PROJECT NAME: Williams Peak/Blue Ridge Mountain Telecommunications Tower Special Use Permit APPLICANT: AT&T--Represented by Valerie Cardenas of Smartlink, LLC LOCATION: 8,300 Acres in the South ½ (specifically the Northeast ¼, Section 31), Township 1 South, Range 79 West of the 6th P.M., County of Grand, State of Colorado, approximately 3.25 Miles due East of Highway 9 along County Road 381 (a.k.a. 600 CR 381) APPLICABLE REGULATIONS: Zoning Regulations: Forest and Open District Section 6.1and Special Use Permits Section 11.8, Grand County Master Plan ZONING: Forestry and Open District ATTACHMENTS: A. Application and Narrative Letter B. Vicinity Map C. United States Forest Service(USFS)Special Use Permit with Site Plan D. Property Title Commitment E. Draft Special Use Permit 2020-12-XX F. ASR Registration Map G. Blue Ridge Communications Site Management Plan STAFF PLANNER: Alexander Taft, LEED Green Associate REQUEST: The Applicant is requesting a Special Use Permit to construct and operate a one hundred forty feet (140’) tall telecommunication tower and supporting appurtenances.
I. BACKGROUND AND PROPOSAL Smartlink, LLC represented by Valerie Cardenas on behalf of AT&T, herein referred to as the Applicant is requesting approval for a new one hundred forty foot (140’) tower, 300ft2equipment shelter, and support generator as fully described within their narrative. This equipment is proposed to be located within the “Blue Ridge Communications Site Management Plan” where previously telecommunications structures have and are placed. To accomplish the construction of the new tower, an older approximately seventy-two foot (72’) tower will be removed. The tower will be located approximately 8 miles southeast of the town of Kremmling.
The proposed telecommunication tower will have the capacity to allow for collocation of several carriers. The one tenant of this structure is FirstNetService which is the first high speed, nationwide wireless broadband network dedicated to public safety. This tower is intended to serve the public where there is minimal current service. The proposed tower will serve the local residents and the traveling public in the west end of the County. Most important is the access it provides the county for emergency and public service communications.
II. STAFF ANALYSIS Staff and the Applicant have been working together to locate the cellular infrastructure at this site for approximately two (2) years. Green Mountain Networks which was approved in 2014 and a Resolution No. Meeting Minutes December 8, 2020 Grand County Board of Commissioners Page 8 of 22 Grand County Board of Social Services Grand County Board of Health Grand County Housing Authority 2014-12-77 presented in August 2019 after all conditions of approval were met, has since been considered defunct. It is Staff’s opinion that this SUP shall be the successor of that SUP approved for Green Mountain Networks in 2014 as the bond provided by Green Mountain Networks has expired which makes the SUP non- compliant. As stated in the “Blue Ridge Electronic Site Plan” approved in March 1979,“access to the site is provided via FDR(Forest Developed Road)135,which is also known as County Road 381and NFSR 200.The “Blue Ridge Communications Site Management Plan” Section VIII, Subsection L, references access all the way to the site using Grand County Road 381 which crosses the National Forest Boundary and turns into “NFSR 200”. The County Road begins at CO Highway 9 about a mile south of County Road 10 aka Spring Creek Road, which is the most southerly entrance to Blue Valley Acres “Unit 2” Subdivision. County Road 381 traverses up the mountain primarily on USFS property. There are portions of County Road 381 that are located on Blue Valley Ranch.
III. PLANNING COMMISSION RECOMMENDATION The Grand County Planning Commission reviewed this application during their regularly scheduled meeting on November 18, 2020. Staff gave an introduction to the application and detailing how this application complies with the regulations and Staff supported a recommendation of approval. The Applicant emphasized the importance of this tower location for AT&T and explained that the National Forest Service was also going to attach equipment to it. The Applicant also clarified there would be at least one, but possibly two additional spaces for collocation on the tower depending on total equipment added by the National Forest Service. Finally, AT&T intends to provide FirstNet service on the tower which supports First Responders.
The Planning Commissioners were generally supportive, most having experienced issues with reception in the area this tower will benefit. One question arose regarding the abbreviation “FDR” which was clarified by a member of the public, Mandy Hanifen, to be an acronym for Forest Developed Road.
Planning Commission unanimously recommended the approval of the Williams Peak/Blue Ridge Mountain Telecommunications Tower Special Use Permit with the following conditions to be met:
1) The Applicant shall register and comply with all requirements as set forth by Grand County Emergency Telephone Service Authority, as well as other applicable State and Federal agencies. 2) The Applicant shall provide a security acceptable to Grand County in the amount of $25,000 to ensure maintenance and complete rehabilitation of the site, or name the Board of County Commissioners as a party on the bond being provided to the USFS. 3) The Applicant shall confirm access is available to installers and co-locators. The following requirements shall be made a part of the Special Use Permit: 4) The permit shall be for the length of time associated with the National Forest Service Special Use Permit. 5) The Permittee is required to keep a current lease (or USFS Special Use Permit)on file with the Community Development Department. 6) The maximum tower height will be limited to the one hundred forty (140) feet as specified in this Special Use Permit, and alteration to maximum height or lease area shall be subject to approval of the Board of County Commissioners. 7) Contact information for any and all Collocation Providers shall be provided and added to the Special Use Permit. 8) The following Special Use Permit sections shall read as described in this certificate: Colors and Materials, Exterior Lighting, Tower Lighting, Site Maintenance, Uses Permitted, Size of Operation, Collocation, Miscellaneous Terms, and Grand County Emergency Telephone Service Authority. 9) That all standard language and conditions of Grand County Special Use permits shall be made part of any approved permit for this request, under the following headings, as follows: Control of Site Noxious Weed Control Site Maintenance Rehabilitation of Site Storage of Abandoned Equipment Compliance with County, State and Federal Regulations Limitation of Liability Alteration of Terms and Conditions Access and Right to Enter Site Assignability Binding Contract Financial Security Abandonment Violation of Terms and Conditions Meeting Minutes December 8, 2020 Grand County Board of Commissioners Page 9 of 22 Grand County Board of Social Services Grand County Board of Health Grand County Housing Authority Non-Transferable Termination
Todd Holzwarth of the 911 Authority noted that access to the site is difficult.
Commissioner Cimino moved to approve the Williams Peak/Blue Ridge Mountain Telecommunications Tower Special Use Permit as presented.
The motion passed unanimously.
Commissioner Cimino moved to close the Public Hearing.
The motion passed unanimously.
Ridge Point Townhomes, Sketch Plan
PROJECT NAME: Ridge Point Townhouses-Sketch Plan APPLICANT: Ryan T. Pellet and Scott J. Neuenschwander LOCATION: Lot 27, Block 1 Winter Park Ranch Second Filing Replat, 798GCR 834 (aka Cranmer Ave) APPLICABLE REGULATIONS: Grand County Master Plan, Zoning Regulations, Subdivision Regulations ZONING: R –Residential District ATTACHMENTS: a) Vicinity Map b) Sketch Plan (Plat) c) Application and Narrative letter d) National Resource Conservation Service (NRCS) Soils Report e) 448 Condominiums Phase III Drainage (June2019) f) 448 Cranmer Condos Soils and Foundation Investigation (May2019) g) Robbers Roost Geotechnical Engineering Study (November 2013) h) Amended Plat of Winter Park Ranch First Filing STAFF PLANNER: Alexander Taft, LEED Green Associate REQUEST: The Applicant is proposing a subdivision in order to construct a six (6) units in two (2) buildings with a density of 5.35 du/acre.
I. BACKGROUND a. PROPOSAL Ryan T. Pellet and Scott J. Neuenschwander, the Applicant, are proposing a six (6) unit townhome subdivision. The townhouses are a two unit complex and a four unit complex with common “party walls.” Each unit will have one car garage, second level decks and are anticipated to have three or four bedrooms. The units proposed will share a common parking area to accommodate the required parking spaces per unit. The garage will contain space for one vehicle and additional will be parked on the shared drive. The units will be served by water and sewer via Winter Park Ranch Water and Sanitation District. Electric service will be supplied by Mountain Parks Electric.
The plan substantially meets the development criteria for being located within the Winter Park Ranch Urban Growth Area. The UGA includes all filings of the original Winter Park Ranch Plat. Below is a vicinity map and site plan of the proposed development.
b. HISTORY The initial plat for all of Winter Park Ranch which was completed in six separate filings platted between 1965and 1980.Along with these filings, the original Winter Park Ranch was a covenant controlled community, although Staff understands the owners association dissolved in the 1990’s.
This lot lies within the Second Filing which was recorded in Grand County at Reception No. 103408in September 1965. The lots within the Second Filing range in size from .51 acres (22,216ft2) to 1.10 acres (47,916ft2)occupying 95.5 acres of the 112.82 of the whole filing.
c. EXISTING REPORTS Four reports give some insight to potential construction conditions and constraints on site. The four reports are pulled from projects nearby and general information supplementary from NRCS. At a minimum, they give us clarification on the additional information that the county will require to move this project forward.
Meeting Minutes December 8, 2020 Grand County Board of Commissioners Page 10 of 22 Grand County Board of Social Services Grand County Board of Health Grand County Housing Authority Staff has included reports provided for 448 Condominiums, which is a nine-unit project northwest of the subject parcel also on County Road 834, CranmerAve.448 Condominiums was also a replat of a lot originally created within Winter Park Ranch. The reports give reference to potential conditions. Specifically, the Phase III Drainage Report and soils and foundation investigations explain in detail the viability and constraints of construction on the 448 Condominiums property. Below in “Staff Analysis” there are more details
Another recent project being a “townhouse” development named Robbers Rooston Balsh, located further north on 205 GCR 837 aka Balsh Blvd, provides reference to the soils engineering reports which was a study specific to the Robbers Roost development. The study provides some insight to local conditions. Staff notes drainage and protection of the foundation from excess water is an area of most concern. Foundation drains will be critical in moving water away from foundation walls and footings and onsite storage shall be a minimum of ten feet (10’) from the footings. Site specific information shall be considered in a soils report provided by the Applicant during Preliminary Plat review.
II. STAFF ANALYSIS The Applicant proposes to construct a total of six (6) units in two (2) buildings creating townhome units as homes for the owners of the parcel and family. The plan meets criteria as set forth in the Master Plan for the Winter Park Ranch neighborhood, which is located within the Grand County Urban Growth Area (Chapter 3 - 2.1 Growth & 4.2 Infrastructure).
This configuration meets the townhouse definition in the Grand County Subdivision Regulations, which states: (14) Townhouse
(a) The term "Townhouse" as used herein refers to a type of ownership which consists of a fee simple interest in an individually deeded lot and dwelling, plus a membership right in a homeowners' association which shall own in fee simple the common areas subject to all rights and duties as provided in the declaration of the homeowners' association. (b) The term "Dwelling" as used herein means a single family dwelling constructed on an individually deeded lot, but as part of a series of two (2) or more dwellings, each of which is either attached to the adjacent dwelling or dwellings by party walls or is located immediately adjacent thereto with no visible separation between walls or roof.
Similar in the character of the surrounding properties, this development fits within existing uses in the area. Along County Road 834, Cranmer Ave, is a row of multi-family development on a majority of the lots on both sides of the street. The density of the proposed development is 5.35dwelling units per acre which is similar to densities of surrounding townhouse and condominium development in the area.
The particular benefit of locating the type of densities as found in this proposal within this location is the connection to existing infrastructure. Existing roads, electric, communications, public water and public sewer are all accessible to the property. These existing improvements are useful in lowering the impact on open and scenic lands and water resources opposed to if this development were to occur in other parts of the County.
The existing reports included by Staff for Planning Commission to review most notably detail the importance of verification of soils and slope stability. Approximately half the subject property is composed of “Welbe Clay Loam” with 10 to 55 percent slopes. This is a very well-draining soil but the steepness can lead to erosion if on- site drainage not appropriately stabilized and pushed down slope. Many of the soil types do not allow for high infiltration, Staff would interpret this suggesting the need for careful analysis of drainage to prevent precipitation and run-off from impacting the proposed buildings and pedestrian paths.
III. PLANNING COMMISSION RECOMMENDATION Planning Commission reviewed this application during their regular meeting November 18, 2020.
A concern which several Commissioners brought up was related to analysis and engineering concerns related to the slope. The Applicant responded detailing that this was something which was also a concern of theirs but suggested that the project engineer and soils engineer were working through site planning to mitigate any issues.
Another concern was related to total parking requirements which after discussion, was resolved that the Preliminary Plat submittal would comply with Zoning and Road and Bridge requirements. Typical with new infill requirement, Planning Commission and the Applicant discussed cost and possibly affordability of the proposed units. The Applicant represented that they are market rate units and anticipate them being in the range of $750-850,000 which they anticipate could be second homes or permanent residences.
Meeting Minutes December 8, 2020 Grand County Board of Commissioners Page 11 of 22 Grand County Board of Social Services Grand County Board of Health Grand County Housing Authority One public comment addressed concerns for fire safety issues. It was represented that there is a hydrant at the road directly adjacent to the site.
Planning Commission unanimously recommended the approval of the Ridge Point Townhomes Sketch Plan with the following conditions to be met prior to submitting an application for Preliminary Plat approval:
1. Each unit is required to have the minimum three parking spaces per three bedroom units and two parking spaces for the two bedroom units (GCZR Sec. 14.4). 2. Phase III Drainage Study submitted at Preliminary Plat shall be added to confirm flood risk [2.1 (3&6)]. 3. A Phase III Drainage Study consistent with the standards identified within the Storm Drainage Design and Technical Criteria Manual shall submitted at Preliminary Plat [2.7(1)]. 4. The proposal has slopes equal to or greater than 30%, and they shall be delineated as a “non-build zone” on the Final Plat [5.2 (1&2)]. The Applicant shall also provide a Phase II Traffic Impact Analysis as identified in 3.12.2[5.3 (1)]. 5. Soils analysis shall be completed and submitted with the Preliminary Plat [5.2 (1&2)]. 6. The Preliminary Plat shall show utility easements and access details to determine compliance with utility meter installation and access [5.4(1&2)]. 7. Calculated open space shall be included on a land use table in the Preliminary Plat submittal and remain on the Final Plat [5.5]. 8. No burning of slash shall be allowed and disposal shall be included in the Engineers Estimate of Probable Cost provided with Preliminary Plat [5.9]. 9. The Applicant shall research and verify sub-surface mineral extraction rights prior to the Preliminary Plat review by Planning Commission [5.6]. 10. A plat note shall be added recommending Radon mitigation measures be integrated into all proposed structures. 11. Plat review agencies during Preliminary Plat shall include: Mountain Parks Electric, Inc. (MPEI) Xcel Centurylink Comcast Colorado State Forest Service East Grand Fire Protection District East Grand School District Winter Park Ranch Water and Sanitation District Grand County Consulting Engineer Headwaters Trails Alliance Grand County Assessor’s Office Town of Winter Park Town of Fraser Plus any additional required by Planning Commission and Board of County Commissioners. 12. The Applicant shall meet all Preliminary Plat requirements.
Acting County Manager Moyer believes there should be a requirement for the buildings to be earthen tone colors.
Commissioner Cimino moved to approve the Ridge Point Townhouses-Sketch Plan as presented plus a requirement that the buildings be of earthen tone colors.
The motion passed unanimously.
Board Business
Acting County Manager Ed Moyer stated that Greg Winkler of the Division of Local Government reached out to Grand County and suggested a temporary Disaster Recovery Manager position. DOLA would pay for 75 percent of the cost for two years.
The Board agrees that the County needs to move forward with a Disaster Recovery Manager position.
Commissioner Cimino suggested that Grand County should hire a County Communications Manager in a range of $65,000 to $85,000. The Board agreed that it needs to hire a County Communications Manager.
Meeting Minutes December 8, 2020 Grand County Board of Commissioners Page 12 of 22 Grand County Board of Social Services Grand County Board of Health Grand County Housing Authority Commissioner Cimino stated that early in the COVID timeframe, the IMT asked a group of town managers to start meeting and talk with their town businesses. The group became the Economic Recovery Team. Commissioner Cimino would like to get full participation back on the team.
Commissioner Manguso would like to see businesses on the team as well as some elected officials.
Commissioner Linke stated that communication between the ERT and community would be helpful as well.
Public Hearing – Special Use Permit Renewal, Telecommunications Tower for Cellular Inc. Network Corp dba Verizon Wireless
The public hearing scheduled to begin at 11:40 a.m. was called to order by Chair Manguso at 11:40 a.m. County Attorney Leahy set the record as follows:
A. Development Application dated October 14, 2020 B. Public Notice - Middle Park Times, dated October 29, 2020 C. Proof of Publication - Middle Park Times, dated November 10, 2020 D. Memorandum from the of Community Development Department to interested parties, dated November 12, 2020 E. Vicinity Map depicting 500' notification buffer, as established by the Grand County GIS F. List of property owners within the 500' notification buffer, as established by the Grand County GIS G. Vicinity Map depicting 1000' notification buffer, as established by the Grand County GIS H. List of property owners within the 1000' notification buffer, as established by the Grand County GIS I. Photo of sign posting J. Vicinity Map depicting actual site K. Memorandum of Managed Sites Reception No. 2017001434, dated January 23, 2017 L. Draft Telecommunications Grand County Special Use Permit, dated December 8, 2020 M. Community Development Department Certificate of Recommendation, dated December 8, 2020 N. Coverage maps O. Commitment for Title insurance pages 1-11(of 221), dated October 2, 2020 P. Preliminary Construction plans by ATC Tower Services, LLC, dated September 9, 2020
PROJECT NAME: Verizon Fraser Site Telecommunications Tower Special Use Permit APPLICANT: Cellular Inc. d/b/a Verizon Wireless--represented by Michael Sharlow LOCATION: Fraser Site -NE ¼ SW ¼ Section 13, Township 1 South, Range 76 West of the 6th P.M., Grand County, Colorado. Approximately one (1) mile west of US Hwy 40 on the north side of GCR 5 ZONING: Forestry and Open District –F/O APPLICABLE REGULATIONS: Zoning Regulations: Forest and Open District Section 6.1and Special Use Permits Section 11.8, Grand County Master Plan ATTACHMENTS: A. Application with Narrative Letter B. Vicinity Map C. Draft Special Use Permit (“SUP”) 2020-12-XX STAFF PLANNER: Alexander Taft, LEED Green Associate REQUEST: The Applicant is requesting approval of an amendment and renewal to the Special Use Permit for with substantially the same use for the existing property.
.BACKGROUND AND PROPOSAL Cellular Inc. Network Corporation d/b/a/ Verizon Wireless being represented by Mike Sharlow, “Permittee”, has requested renewal and amendment of their Special Use Permit allowing for a cell tower. This Special Use Permit (SUP) was originally approved by Resolution No. 1993-8 -16, and was further renewed and amended by the following Resolutions:
1995-1-9 1998–7-35 2001–6-22 2002–12-24 2003–8-21 2004–5-1 2008–7-44 Meeting Minutes December 8, 2020 Grand County Board of Commissioners Page 13 of 22 Grand County Board of Social Services Grand County Board of Health Grand County Housing Authority 2010-7-5 2012 -10-6 2015-7-65 The Fraser tower is located on Denver Water Board land consistent with a lease agreement with a start date of January 1, 2009, to initially expire within ten (10) years with provisions to further extend. The Special Use Permit granted with Resolution 2015-7-65 had a term which carried through July 22, 2020. The permit has been in non-compliance since July, but the Applicant has been working with Staff to get the necessary paperwork and information together which has been much slowed due to the Pandemic. The Applicant has requested an extension for either 10 years or 1 year after the term of the updated lease with the Denver Water Board.
II. STAFF ANALYSIS As mentioned above the permit expired July 22, 2020, and the contractor Mike Sharlow reached out to Staff in mid-August to request renewal. At this time, Staff identified that the height of appurtenances attached to the tower also exceed the permitted one hundred twenty five feet (125’) restriction. This language proposed for the SUP will address and correct the tower height.
Staff also anticipates that because of the names and titles in the application, there is need to update the Permittee as shown within the Special Use Permit. Where necessary in the Special Use Permit, the current permittee shall be changed to the following: ATC Sequoia, LLC Attn: Erica Rawlinson 10 Presidential Way Woburn, MA 01801 Staff shall revise the new Special Use Permit to read “Assignability” with the same provisions. The new permittee shall provide a security acceptable to Grand County in the amount of $25,000 to ensure maintenance and complete rehabilitation of the site consistent with Grand County Zoning Regulations and this approved Permit.
III. COMPLIANCE/NONCOMPLIANCE WITH GRAND COUNTY REGULATIONS A.MASTER PLAN The Grand County Master Plan contains seven (7) Plan Elements that form the core of the Master Plan. The Plan Elements include policies and implementation actions, of which one (1) is relevant to this Special Use Permit proposal.
Plan Element 4 –Community and Public Facilities If approved, this facility will be a benefit to the community. AT&T is a collocator on the existing tower, they have been actively adding FirstNet to many of their towers. While not specifically proposed in this application, the possible addition of FirstNet will aid in emergency preparedness as is a state supported enterprise. This is consistent with Plan Element 4.6as emergency management requires a framework to increase response times and minimize risks where impacts of wildfire or avalanche are great. B. ZONING REGULATIONS Section VI (6) Forestry and Open District allows the consideration of telecommunication towers and facilities as a use under special review. This SUP has been renewed or amended nine (9) times during the life of the tower. This amendment updates the Special Use Permit with the most current language and corrects for the height of the tower as it exists plus some additional if needed for future technology.
Staff has not received any complaints or grievances from neighbors related to this permit. The tower structure will be certified by the Applicants Engineer to ensure appropriate loading.
IV. STAFF RECOMMENDATION Staff recommends approval of this application for the Amendment and Renewal Cellular Inc. Network Corporation d/b/a/ Verizon Wireless Fraser Site Telecommunication Tower Special Use Permit with the following conditions:
1) An extension of the term 10 years from approval by the Board of County Commissioners (December 8, 2030).
2) An executed lease between the new tower operator and existing property owner is provided before the Special Use Permit is executed by the Board of County Commissioners.
3) The list of existing carriers/collocators on the tower shall be updated with this amendment.
The following requirements shall be made a part of the Special Use Permit (Attachment):
Meeting Minutes December 8, 2020 Grand County Board of Commissioners Page 14 of 22 Grand County Board of Social Services Grand County Board of Health Grand County Housing Authority 4) That all standard language and conditions of Grand County Special Use Permits shall be made part of any approved permit for this request, under the following headings, as follows: Tower height Lease area Building Permit Colors and Materials Collocation Control of Site Noxious Weed Control Screening Site Maintenance Rehabilitation of Site Storage of Abandoned Equipment Compliance with County, State and Federal Regulations Limitation of Liability Alteration of Terms and Conditions Access and Right to Enter Site Assignability Binding Contract Financial Security Abandonment Violation of Terms and Conditions Termination
Commissioner Cimino moved to approve the Verizon Fraser Site Telecommunications Tower Special Use Permit as presented.
The motion passed unanimously.
Commissioner Cimino moved to close the Public Hearing.
The motion passed unanimously.
OLRT – Fall 2020 Grand Recommendations
Open Lands and Rivers Funds Available as of 8/31/2020: $1,321,704.03 Recommending Funding: $245,000.00 Applicant: Town of Hot Sulphur Springs Project Name: Himebaugh Creek Property Acquisition Brief Description: Town of Hot Sulphur Springs is requesting $220,000, which is 44% of the total project cost, for the Himebaugh Creek property acquisition. Funds are requested for the purchase of 270 acres of open ranchland that lies between the town of Hot Sulphur Springs and the Arapaho National Forest. The land consists of sagebrush hillsides and willows that grow along the wetlands of Himebaugh Creek. It has valuable wildlife habitat and serves as a movement corridor for elk and deer between their winter and summer ranges. The current landowners are developing a conservation easement with the Colorado Headwaters Land Trust to protect the property’s natural and scenic values and prevent significant development. The town is interested in purchasing the property in order to allow its residents and visitors to physically enjoy the natural setting, develop trails and to provide public access to the adjacent national forest, BLM, and Colorado Parks and Wildlife land. Any trail development and public use of the land as managed by the town will be consistent with the terms of the conservation easement. NOTE: On November 17, 2020, the Town of Hot Sulphur Springs requested an additional $25,000 because they only received $25,000 of the requested $50,000 from Gates Family Foundation. The OLRTAC met on December 1, 2020 to consider this request. Recommended Funding: With an average score of 91.2/100, OLRTAC recommends fully funding the grant request for $245,000. Unanimously approved by all Committee members present.
Commissioner Cimino moved to approve the Himebaugh Creek Property acquisition as presented.
The motion passed unanimously.
Funds Available as of 8/31/2020: $172,251.62 Recommending Funding: $169,975.00 Meeting Minutes December 8, 2020 Grand County Board of Commissioners Page 15 of 22 Grand County Board of Social Services Grand County Board of Health Grand County Housing Authority Applicant: Headwaters Trails Alliance Project Name: Grand County Hazard Tree & Forest Fuels Mitigation Brief Description: Headwaters Trails Alliance is requesting $49,500, which is 21% of the total project budget (not including in-kind) for the Hazard Tree & Forest Fuels Mitigation project. This funding request is for continued assistance with hazard tree mitigation with the inclusion of fire restoration measures due to numerous wildfires in Grand County in 2020. Our forests are primarily standing dead lodgepole pine due to the mountain pine beetle epidemic from the late 1990s –2010. HTA has taken an active role assisting federal land management agencies with hazard tree removal and forest fuels reduction over the last several years. This request to help fund hazard tree removal will improve public safety and reduce fire hazards in and around recreational areas. Specific areas identified for this work this year due to the wildfires include: trail areas in both the Troublesome Valley (Elk Mountain, Paradise, Buffalo Creek, and Bill Miller), and Williams Fork (Kinney Creek, Keyser Ridge, Horseshoe Lake, Lake Evelyn, Darling Creek, Southfork, Ritchey Creek, and Elk Wallow trails). Recommended Funding: With an average score of 86.8/100, OLRTAC recommends fully funding the grant request for $49,500. Unanimously approved by all Committee members present.
Applicant: Headwaters Trails Alliance Project Name: Phases Trail System Redevelopment Project Brief Description: Headwaters Trails Alliance is requesting $55,700, which is 10% of the total project budget (not including in-kind) for the Phases Trail System Redevelopment project.HTA requests funds to assist the BLM with the continuation of a trail redevelopment project in the popular Strawberry Recreation Management Area (aka “The Phases”) aimed at protecting the natural environment from erosion and providing safer recreational experiences for hiking, biking, and fishing access. The Phases area has very steep terrain with trails that are fall line and prone to erosion due to the crushed granite soil type. Trail improvements (reroutes, rock armoring, improved drainages, deadfall and hazard tree removal, and vegetation management) have been occurring over the last three years through OLRT funding, volunteer projects, and National Public Lands Day projects. An Environmental Assessment was required to approve more significant trail changes and reroutes and was completed in May 2020. The final project plan includes a trail system overhaul of over seven miles of trails with reroutes, closures and decommissions, armoring, and alternate lines to enhance the safety, sustainability, and recreational experience on these trails. The funds requested for this project are leveraged with grant applications from GOCO and CPW State Trails. Recommended Funding: With an average score of 86.0/100, OLRTAC recommends fully funding the grant request for $55,700. Unanimously approved by all Committee members present
Applicant: Headwaters Trails Alliance Project Name: Rendezvous Trail Improvements Brief Description: Headwaters Trails Alliance is requesting $35,075, which is 25% of the total project budget (not including in-kind) for the Rendezvous Trail Improvements project. This funding request is for trail maintenance (brushing, tread work, drainage, and hazard trees) and bridge replacements on three miles of original trails (built over 20 years ago) in the Rendezvous Trail System. The trails involved in this request will be deeded to the Town of Fraser by the end of October. This non-motorized trail system is open to the public for year-round use. Recommended Funding: With an average score of 81.6/100, OLRTAC recommends fully funding the grant request for $33,075. Unanimously approved by all Committee members present.
Applicant: Headwaters Trails Alliance Project Name: Countywide Adopt-A-Trail Program (AAT) Brief Description: Headwaters Trails Alliance is requesting $16,350, which is 41% of the total project budget (not including in-kind) for the AAT program. The AAT program is an extension of HTA’s trail maintenance program in which land managers allow HTA to leverage resources to assist with the several million dollars of deferred maintenance on Grand County’s trail systems. By utilizing volunteers to help “oversee” the trails and perform labor during scheduled project days on specific trails throughout the field season, HTA can accomplish more trail maintenance work and promote stewardship of our public lands. In 2020, despite COVID restrictions and the inability of the USFS to allow volunteers on their land, HTA still accomplished 540 hours of AAT work. Recommended Funding: With an average score of 80.6/100, OLRTAC recommends fully funding the grant request for $16,350. Unanimously approved by all Committee members present.
Applicant: Headwaters Trails Alliance Project Name: Winter Trail Grooming 2020-21 Brief Description: Headwaters Trails Alliance is requesting $13,350, which is 23% of the total project budget (not including in-kind) for Winter Trail Grooming.HTA and its partners maintain over 35 miles of existing winter, non-motorized, multi-use trails. HTA expanded its grooming program in 2019-2020 by almost 5 miles due to interest and later in response to COVID-19 and the need to social distance during recreation activities. Meeting Minutes December 8, 2020 Grand County Board of Commissioners Page 16 of 22 Grand County Board of Social Services Grand County Board of Health Grand County Housing Authority Due to both an increase in volume of winter trail users and late season snow, HTA prolonged its grooming season well into April. This year, HTA will start its grooming operations earlier (November instead of December) and seeks to provide expanded grooming for users to spread out on trails for COVID compliance. In 2020-2021, HTA seeks to add an additional 6.5 miles of trails to its grooming program (increase of 18.6%). HTA requests funding from OLRT to help provide these opportunities. Note: Since this grant application was submitted, the $15,000 in committed funds from Grand Park are not available and HTA is working to find an alternate funding source to groom the Grand Park Meadow. Recommended Funding: Since this application was submitted after the grant cycle closed, the Advisory Committee did not score this grant application. After discussing the grant application, the Advisory Committee recommends fully funding this grant request for $13,350. Unanimously approved by all Committee members present.
Commissioner moved to approve the Headwater Trials Alliance grants as recommended.
The motion passed unanimously.
With the approval of these the remainder in the fund is $2,276 in trail maintenance and just over $1 million in the open lands and rivers. This is effective at the end of August and they receive approximately $19,000 per month in the trail portion and approximately $110,000 per month in the open lands portion.
Report of funds expended: SPRING 2018 Open Lands/Rivers Trails Project & Entity Amount Awarded Project & Entity Amount Awarded Grand County - Windy Gap $1,000,000 HTA - Trail Smart Sizing (TSS) $43,400 Connectivity CHLT - Roy Enter Conservation $57,200 HTA - East Shore Trail $51,300 Easement (CE) Town of Granby - Granby Water $6,250 Town of Fraser - Fraser River Trail Maintenance $29,393 Diversion HTA - Winter Trail Grooming $16,400 HTA - Phases & Wolford $21,950 GLTG - Equipment Repair $10,000 GLMRD - Hiking & Mountain Biking Trail $12,614 TOTAL OPEN $1,063,450 TOTAL TRAILS SPRING $185,057 LANDS/RIVERS SPRING 2018: 2018: FALL 2018 Open Lands/Rivers Trails Project & Entity Amount Awarded Project & Entity Amount Awarded CHLT - Granby Trails Highlands $16,400 HTA - Adopt A Trail (AAT) $11,361 appraisal HTA - Idlewild Gateway Project $15,440 HTA - TSS $34,700 GLMRD - Nordic and Hiking Trails $33,200 SMR - Nine Mile Trail $17,980 TOTAL OPEN $16,400 TOTAL TRAILS FALL $112,681 LANDS/RIVERS FALL 2018: 2018: SPRING 2019 Open Lands/Rivers Trails Project & Entity Amount Awarded Project & Entity Amount Awarded HTA - Strawberry Trail Bridges $14,450 HTA - Broken Thumb Trail Turnpike $3,325 HTA - Buffalo Creek $18,875 HTA - Burnout Loop $36,084 TOTAL OPEN $0 TOTAL TRAILS SPRING $72,734 LANDS/RIVERS SPRING 2019: 2019: FALL 2019 Open Lands/Rivers Trails Project & Entity Amount Awarded Project & Entity Amount Awarded CCALT - Elk Mountain Ranch CE $580,000 HTA -TSS $60,000 CHLT - Himebaugh Creek CE $550,000 HTA - National Public Lands Day $5,500 HTA - AAT $12,850 HTA - Thomasson Trail $53,388 GLTG - Winter Trail Signage $1,490 TOTAL OPEN $1,130,000 TOTAL TRAILS FALL $133,228 LANDS/RIVERS FALL 2019: 2019: SPRING 2020 Open Lands/Rivers Trails Project & Entity Amount Awarded Project & Entity Amount Awarded CPW - Renegade Ranch Property $300,000 HTA - Phases $33,590 Acquisition CHLT -Granby Highlands Trails CE $750,000 HTA - Grand County Hazard Tree Mitigation $41,500 HTA - Four Seasons Trail $16,500 Meeting Minutes December 8, 2020 Grand County Board of Commissioners Page 17 of 22 Grand County Board of Social Services Grand County Board of Health Grand County Housing Authority HTA - Signage Replacement $8,825 CDTC - Youth Trail Crew Maintenance $4,696 HTA - Emergency Blowdown Mitigation $26,500 TOTAL OPEN $1,050,000 TOTAL TRAILS SPRING $131,611 LANDS/RIVERS SPRING 2020: 2020: TOTAL OPEN $3,259,850 TOTAL TRAILS: $635,311 LANDS/RIVERS:
Fire Response Team Update
Sheriff Brett Schroetlin stated that he has made initial application to the Fire Management Assistance Grant.
Fire Recovery Team Update
Acting County Manager Ed Moyer stated there has been an emergency response assessment efforts by the U S Forest Services and the National Park Service. Those were two separate processes that each of those agencies conduct immediately after a wildfire. There are a lot of specialists from each team. The teams look at the soil burn severity and with that they run models and water shed risk assessment. The assessments by both agencies have been completed and pending formal approval by leadership. Once those are made public, the County will be requesting that the Forest Service and Park Service present the assessments to the local officials.
The U S Geological Survey utilizes those soil burn severity data and perform debris flow modeling in the area on public lands.
The Colorado Water Conservation Board is utilizing the data in performing modeling especially areas of private property that is not captured by the federal assessments.
The USDA Watershed Protection Program is a 75 percent with 25 percent local match. There is a possibility of a 20 percent match instead. This is for protecting life and property and reducing erosion, sedimentation and threats due to debris flow and flooding on private property.
Emergency Management Director Joel Cochran presented:
UPDATE 1. Recovery Teams are working and will report out to the BOCC on their progress. Emergency Management is facilitating at least two weekly calls with the Fire Cooperators and the Recovery Functions to keep situational awareness and maintain good open communication across the teams. Team leads have taken on the recovery work in addition to their already full work assignments and responsibilities. As recovery functions often times continue for 12-24 months the juggling act by these team leads may not be sustainable in the long term. 2. You will see mentioned several times in the report the offer of a Recovery Manager position. The position is being offered to the County by DOLA in a 75/25%cost share. We see value in adding the position to support our recovery teams and will be needed to support our recovery functions and either alternative we discuss later. 3. The Teams were identified on the recovery task force diagram. These titles represent the functional area: Community Resilience, Economic, Public Health, Human Services, Housing, Infrastructure, Community Development, Natural Resources. We will be adding our team lead names to diagram. 4. One recovery function assigned to Emergency Management is the update of the expired Hazard Mitigation Plan (HMP). Stakeholders on December 3, 2020 participated in a workshop focused upon the deficiencies in the plan and worked on actionable items. 5. Another recovery function involves Volunteer Management and Donations Management. In a small event, this work is often intertwined but as the event grows in complexity this work may grow into two connected but separate jobs. Emergency Management participated in calls this week on this topic. We learned one perspective of the topics and the expansion of need which stated with COVID relief and then rolled into full support of the fire survivors and their needs. The current managers of these efforts expressed they are committing large volunteer numbers of hours, operations of the donation center, and receipt of donated goods and services. They express concern about the sustainability of these operations going forward and the growth potential for the linking of needs with support and services. One offered solution for this situation could be a contracted position or possibly two positions to manage the work. We discussed the future need for more storage space, fuel cost reimbursement, centralized location for a stop-in center, transportation limitations of clients, etc. We requested a business plan, concept of operations, and budget for this work.
STATUS Emergency Management and County Management participated in a meeting on December 2, 2020 with State Emergency Management Director Willis and Recovery Officer Raymond, and others. We discussed the degree Meeting Minutes December 8, 2020 Grand County Board of Commissioners Page 18 of 22 Grand County Board of Social Services Grand County Board of Health Grand County Housing Authority of potential work in Debris and Hazard Tree Management that could be eligible work under the FEMA Category A and B guidelines. The State did receive a filing extension from FEMA until December 23, 2020.
ACTION REQUIRED The deadline for Grand County to propose a concept of operations is December 16, 2020. Once this deadline is passed there will limited options for Grand County to request these specific programs in the future. Other FEMA post-fire grant programs may be available for application as funding is available.
Alternatives for this topic are list below and while not being exhaustive are intended to highlight two pathways to proceed with some positive and negative aspects.
Alternative 1–This alternative proposes to request FEMA assistance with Debris and Hazard Tree Removal under the Public Assistance Programs. The concept of operations would be the removal of hazards and debris from private property under our authority to protect health and safety. We can propose a project that can look at every structure. The implementation of the program would be scalable and right-sized to fit the needs.
Estimates previously provided are based upon FEMA debris guidance for a 1500 sq/ft home costing $50,000.00. 550 total structures times $50K equals $27.5M; with a 25% match $6.9M; and a 12.5% match$3.4M 384 primary and secondary structures times $50K equals $19M; with a 25% match $4.8M; and a 12.5% match $2.4M 204 primary structures times $50K equals$10Mwith a 25% match $2.5M; and a 12.5% match$1.3M Team is working on additional data collection to determine how many properties have completed debris removal and how many properties remain.
Positives of alternative One: This alternative could be used to address all private property residential structures in the affected area. Attempting to make distinctions between programs offered to primary and secondary homeowners would need no further discussion. Conducting this project would level the ‘return to normal’ of all homeowners from a lot preparation and preservation of environmental values at risk from runoff, sediment, and erosion. The project would ensure safe working conditions on the job sites, hazards were removed in compliance with regulations, and job site work was completed. Homeowners affirmatively committing to the project would need to assign debris removal insurance amounts to the project to offset Grand County costs. The comprehensive community recovery effect from this project could be a multiplier as all residential properties would be free from residential debris and burned home images from the neighborhoods removed during 2021.
Negatives of alternative One: This alternative could cause homeowners to delay in starting or finishing work because of potential expenses being paid by the government. The alternative would provide no financial reimbursement for homeowners who have already started or completed debris and hazard tree removal on their property. Working with contracted services could diminish the incentive for faith and service based organizations to continue working in the area. Contract complexity and cost expenditures could strain or exceed the capability of Grand County.
Important note to Alternative One, the offer of a recovery manager from DOLA is awaiting further clarification. We believe with either alternative the addition of a position with shared funding is a valuable addition to the needs of our team. Under Alternative One the addition of a recovery/project manager would be important to support the overall success of the recovery functions and coordination of the debris removal project.
Alternative 2– This alternative proposes to proceed on the current pathway where the concept of operation from the public policy position, is that the homeowner is responsible for the work occurring on private property, at the expense of the homeowner and following guidelines established by the State and County. This alternative recognizes that additional data about individual homeowner situation and potential assistance is needed. The data collection is underway and will be available by mid-January 2021. The intent of the date collection is to understand the stratification of homeowner capability inside of the primary and secondary ownership categories. This will better assist the BOCC in developing or implementing customized strategies to assist homeowners with the Meeting Minutes December 8, 2020 Grand County Board of Commissioners Page 19 of 22 Grand County Board of Social Services Grand County Board of Health Grand County Housing Authority greatest need. Subsets of this alternative could involve a right-of-way debris removal of specific waste streams such as recycling or white waste (appliances, washers, dryers, etc.). Another subset of this alternative is the financial support by the Grand Foundation and possibly a tailed grant program offered by Grand County.
Positives of alternative Two: This alternative is homegrown recovery from an organic and grassroots perspective and in such bonds and strengthens the community. The alternative depends heavily upon local community groups as well as faith and service based organizations. The alternative is scalable and policy makers and community financial contributions can be highly strategic.
Negatives of alternative Two: This alternative will require an engaged and capable connection point to our program services for homeowners, volunteer and donated services for coordination. The challenges with grassroots efforts are often times project management, staff availability, and financial resources. This alternative will be challenging for many with economic pressures if they do not receive scalable financial assistance.
Important note to Alternative Two, the offer of a recovery manager from DOLA is awaiting further clarification. We believe with either alternative the addition of a position with shared funding is a valuable addition to the needs of our team. Under Alternative Two the addition of a recovery/project manager would be important to the overall success of the local option for debris removal.
Please consider this information for future discussion and decision making on these topics.
STAFF RECOMMENDATION My recommendation is the BOCC should authorize the drafting of a concept of operations statement in alignment with alternative one. In my opinion moving forward with the Public Assistance Programs available as a scalable option is prudent given the complexity and scale of the debris and hazard trees.
I would recommend we continue to be diligent in the pursuit of the necessary data collection in alternative two to continue to look for strategic opportunities to assist with on-going work.
I would recommend we continue to obtain information, evaluate and respond to the needs and services identified by the Recovery Teams. There is volunteer time on this.
Commissioner Cimino is interested in alternative 1 and would like to see a very thorough alternatives of how this is funded.
Mr. Cochran stated that the County will have to conceptionally commit to programs now to give the County the opportunity to get some additional technical expertise from FEMA. Mr. Cochran expects to have data collection done by the middle of January. He is working on a survey questionnaire this week and will have out by Friday. It will encompass debris questions and some other recovery area function questions.
Deb Ruttenberg is the Human Services Team lead. The team includes Mountain Family Center, Mind Springs, Grand County Rural Health, and Salvation Army. The group is working on data sharing between the organizations as they have people that have a variety of different kinds of needs and making sure that people are not double dipping. The group is coordinating information the best they can.
The Human Services Team is also working on ways for people to connect with each other to work through trauma without being in a formal therapeutic setting.
The Human Services Team is working to get a presentation from Larimer County’s Long Term Recovery group for a structure within human needs and services.
DiAnn Butler stated that the economic recovery team has started to form subcommittees. One is for business recovery and they have working with Grand Foundation on a fund for business recovery.
Ms. Butler has pulled a group of regional and state representatives together to help with business recovery tools and resources along with town representatives from Grand Lake.
Meeting Minutes December 8, 2020 Grand County Board of Commissioners Page 20 of 22 Grand County Board of Social Services Grand County Board of Health Grand County Housing Authority The economic recovery team is also putting together a business survey to determine the effects of the fire had on local businesses.
Mr. Moyer stated that the Grand Foundation will be providing a full report of the wildfire fund.
Sheena Darland is heading up the housing recovery team. The team is working to figure out how many homeowners will be displaced in May.
There are 190 homeowners how generously gave a place for evacuees. There are eight that are still displaced.
Community Development Director Robert Davis is leading the infrastructure systems subcommittee and the committee is to get a better understanding with regard to what has been done in terms of clean up and what has left to be done.
Mr. Davis is working to get access to the disposal forms from the Colorado Department of Public Health and Environment.
Katherine Morris leads the Natural Resources and private lands group. The group has met twice but is deferring until they get more information on how they will split possible sponsor roles with the east and west slope partners on the EWP.
The members include the county, CSU, CSU Extension, various branches of the state, Northern Water, towns, special districts, NRCS, River District, Three Lakes Watershed Association, BLM, Colorado State Forest Service, US Forest Service, and Middle Park Conservation District.
The CWCB is working on coordinated modeling to help with damage survey report.
The USGS debris flow covers the entire area of the fire.
Ms. Morris stated that request for assistance has to happen within 60 days of access to the area. That start date began when Highway 125 was open. Ms. Morris believes that was November 5, 2020.
NRCS produces a damage survey report within 60 days of when the report is due. The approval of funding can be turned around within two weeks. The sponsor can develop an agreement with NRCS. Projects need to go to bid and have design and construction quickly.
There is a 220-day window from funding availability to conclusion of projects. In special circumstances, you can ask for extensions.
Technical assistance funds are 100 percent reimbursable and if a landowners does want certain things to happen on their property, they do not have to accept that assistance. If the design from the technical assistance is not used, the funding does not have to be reimbursed.
The Board agreed that there is concern for erosion and flooding on Highway 125.
The Board agreed that it is leaning toward the EWP program.
Staff is still looking at what would make the most sense from a sponsorship standpoint.
Mr. Moyer stated that they have been talking with NRCS about getting the letter off and listing the potential sponsors in order to kick off the process and absolutely allow NRCS to engage in the damage survey report. While that is happening, the group can formally determine who is going to be the sponsor of what area.
The Board would like to see the County keep as many options open as possible.
Consideration of HSS Fire – CLIMAX Exclusion Decision Appeal
Commissioner Manguso stated that this is not a public hearing. The Board is not prepared or able to take any public comment on this agenda item today.
Commissioner Manguso stated that this is for the Board to determine if the record each has received and reviewed independently and determine if it supports exclusion of the Climax Henderson Operations from the Hot Sulphur Springs Fire Protection District.
Meeting Minutes December 8, 2020 Grand County Board of Commissioners Page 21 of 22 Grand County Board of Social Services Grand County Board of Health Grand County Housing Authority Commissioner Manguso presented the commissioners for consideration and each provided responses.
The petitioner (Henderson) was required to demonstrate by preponderance of the evidence that they have met the statutory standards qualified for exclusion.
The statements to be addressed are in CRS 32-1-501 and conclusions by the Board are as follows:
1. It is in the best interests of the Property that the Property be excluded from the District. Commissioner Manguso. Henderson had to call on the Hot Sulphur Springs Fire Department in the past for support. Commissioner Manguso did not feel it was in the best interest of Henderson to be excluded because even though they have a 12-person emergency response team (Type A fire truck with 1,000 gallons of water, and ambulance) they have had to call on Hot Sulphur Springs Fire for additional support. If they had a major disaster, she does not feel it would be in their best interest to be excluded from the district. Commissioner Cimino: He does not believe it is in the best interest to exclude. Commissioner Linke: The property is remote and the wildfire risk is pretty high level. The amount of rigorous training that is needed to fight the fire is more than a 12-person crew that Henderson has on site could handle. 2. It is in the best interests of the District that the Property be excluded from the District. Commissioner Manguso: It is not in the best interest of the special district for Henderson to be removed. Henderson is a major funder for Hot Sulphur Springs Fire. They would still have to respond to any issues up there – fire and ambulance. She does not believe that it will be in the best interest of Hot Sulphur Springs Fire. Commissioner Cimino: Agrees that it is not in the best interest of the special district for Henderson to be removed. Commissioner Linke: The loss of revenue to the fire district would be more difficult to meet the needs of the district. 3. It is in the best interests of the county or counties within which the District is located that the Property be excluded from the District. Commissioner Manguso: It would not be in Grand County’s best interest because if there is a wildland fire, the chances of the fire spreading to property other than that owned by Henderson is possible. Commissioner Cimino: It is not in the best interest of the County to exclude the property The nature of fire districts are everyone contributes and everyone benefits. Commissioner Linke: The County as a whole is expected to be kept safe by the county and its partners including law enforcement, medical, fire, and EMS. While the county itself does not have its own fire and rescue service, there are five fire districts who would respond to a call if needed. It is not in the best interest of the County to exclude the Henderson property. 4. The relative costs and benefits to the Property justify the exclusion. Commissioner Manguso: There may be a cost benefit to Henderson on a yearly basis; however, if there is a fire at the facility or a wildland fire they would be in need of Hot Sulphur Springs fire services. They are might be a short term cost benefit to Henderson but everyone pays into fire districts for the worst case scenario. Henderson said that they would still expect the district to respond; however, they do not want to pay for that possibility and availability. Commissioner Cimino: The property pays taxes to many districts; library, school, county and receives the accompanying benefits. It would not be good to be excluded. Commissioner Linke: It is not in the best interest overall in cost benefit analysis to exclude from the district. 5. The District will still be able to provide economical and sufficient service to all the properties within the District’s boundaries following exclusion of the Property. Commissioner Manguso: Believes that Hot Sulphur Springs provides economical services. The mill levy is 7.753. The safety and security of having the district at its disposal for the money they pay is economical. Commissioner Cimino: The special district would be significantly challenged to provide services to the property if it were excluded. Commissioner Linke: Hot Sulphur Springs would provide services. They would go to the property if called. Mutual aid can be used if needed and it appears that Henderson does not have such an agreement in place. 6. The District is able to provide services at a reasonable cost, but that there are other special districts in the area of the Property which can provide similar services at a reasonable cost. Commissioner Manguso: Kremmling Fire is at 9.543 mill and Hot Sulphur Springs is 7.753 and that is the closest fire district. There is no other entity. Henderson has the ability to provide an initial response if there is a fire but if there is a large scale fire, Henderson could not contain a fire that quickly. Commissioner Cimino: No other fire districts can provide similar services to the property. Commissioner Linke: He is not clear what other alternatives there might be. Haggling after the fact of a response would not be reasonable. 7. Neither granting nor denying the Petition will have any effect on employment and other economic conditions in the District and surrounding area. Commissioner Manguso: Denying the petition and keeping Henderson in the district provides Hot Sulphur Fire the ability to provide improved services to the entire area served by the district. It is a positive impact to the area and she thanks Henderson for that. Meeting Minutes December 8, 2020 Grand County Board of Commissioners Page 22 of 22 Grand County Board of Social Services Grand County Board of Health Grand County Housing Authority Commissioner Cimino: The evidence shows that there will likely be no adverse economic or employment impacts of denying the exclusion. Commissioner Linke: We appreciate the employees of Henderson. It does have a direct effect on the financial wellbeing of the district and the effect on the surrounding area is unclear. 8. Neither granting nor denying the Petition will have any economic impact on the region, the District, the surrounding area, or the state as a whole. Commissioner Manguso: If we deny the petition for exclusion that is positive for Hot Sulphur Springs Fire District. Commissioner Linke: It is unclear and based on assumptions. It could have a devastating financial impact if a catastrophic fire occurred and required state or regional resources. Commissioners Cimino: Denying the exclusion would not have any adverse economic or employment impacts. Keeping them included will probably have economic benefits for everybody. 9. There is economically feasible alternative service available from another special district in the area of the Property. Commissioner Manguso: She does not see how that would be possible. The fire department could not come over from Summit County. It would take longer. Henderson is not in Summit County. Hot Sulphur Springs Fire is one of the least expensive mill levy districts in the County. It is closest to Henderson. They have already been providing service. Pay as you go for fire protection does not make sense. Commissioner Cimino: There does not appear to be an economically feasible alternative. Commissioner Linke: The feasibility of an alternative service does not seem to be available as there are none. 10. The additional cost to be levied on the property within the District if the exclusion is granted will be negligible. Commissioner Manguso: Henderson states that there would be no additional costs to other properties but it depends on the level of service. Since Henderson was included, there is additional tax money and the district has increased services and it has benefited all property taxpayers in the district. The fire rating for the district has increased so it has reduced insurance costs for the people within the Hot Sulphur Spring Fire District. Commissioner Cimino: The additional costs to other properties if the exclusion is granted would likely be substantial. This favors the denial of exclusion. Commissioner Linke: The economy of scale analysis supports an inclusion of all areas of service in order to serve any areas better. It is most efficient to invest the money into an existing service in order to leverage the other financial contributions from the rest of the district.
Commissioner Linke moved to deny the petition to exclude Henderson from the Hot Sulphur Springs Fire District and to direct the attorney to write an option consistent with the findings.
The motion passed unanimously.
There being no further business to come before the Board, the meeting was adjourned at 2:55 p.m. The minutes were prepared by Clerk and Recorder Sara L. Rosene. Approved this 5th day of January 2021.
______Kristen Manguso, Chair Attest:
______Sara L. Rosene, Clerk and Recorder