BOARD OF COMMISSIONERS by wE1l0Z

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									Commissioners Meeting
December 8, 2009

The regular meeting of the Board of County Commissioners was held on Tuesday
December 8, 2009 in the Commissioners Meeting Room at the Courthouse. Board
members present were Chairman Frank Holman, Commissioner Tim Glenn, and
Commissioner Dennis Giese. Others present were Director of General Administration
Robert Christiansen, Director of Finance Dan Short, County Attorney Jenny Davis and
Deputy County Clerk Merrilou Cicerelli.

Chairman Holman opened the Board of County Commissioners meeting at 8:51 a.m. He
stated that the Board needed to go into Executive Session. He asked County Attorney
Davis to site the related statutes.

County Attorney Davis stated C.R.S. 24-6-402(4) (b) for the purpose of receiving legal
advice on legal questions concerning a road right a way and C.R.S. 24-6-402(4) (e) for
possible negotiations. She stated that if the Board did go into the negotiations part this
part of the meeting would need to be recorded.

Commissioner Giese made a motion to made a motion that we go into executive session
under the statute C.R.S. 24-6-402(4) (b) for the purpose of receiving legal advice on legal
questions concerning a road right a way and C.R.S. 24-6-402(4) (e) for possible
negotiations. Commissioner Glenn seconded the motion. On the question the motion
carried 3 - 0.

I, Jennifer A. Davis, Chaffee County Attorney, do hereby attest that the portion of the executive session
held December 8, 2009 during which the recorder was directed to take no minutes constituted a privileged
attorney-client communication.

 ______________________
Jennifer A. Davis, Chaffee County Attorney

I, Frank Holman, Chairman of the Chaffee County Board of County Commissioners, do hereby attest that
the portion of the executive session held on December 8, 2009, during which no minutes were taken was
confined to a topic authorized for discussion in an executive session.

______________________
Frank Holman, Chairman

Chairman Holman reconvened the meeting at 9:31 a.m. He stated that no decisions had
been made during the Executive Session. The Board had not went into negotiations
discussion.

The regular meeting of the Landfill Committee was held on Tuesday, December 8, 2009
in the Commissioners Meeting Room at the Courthouse. Committee members present
were Chairman Frank Holman, Commissioner Tim Glenn, Commissioner Dennis Giese,
Director of Finance Dan Short and Landfill Manager Shannon Wilcox. Others present
were Director of General Administration Robert Christiansen and Deputy County Clerk
Merrilou Cicerelli.

Chairman Holman opened the Landfill Committee meeting at 9:32 a.m.

Landfill Manager Wilcox presented his monthly report.

Bookkeeper Becky Venes presented the Board the Landfill Statistic Report for November
2009.

Commissioner Giese moved to approve the Landfill Statistics for November 2009.
Commissioner Glenn seconded the motion. On the question, the motion carried 5 - 0.

Mickey Berry, Angel of Shavano Recycling, presented the November 2009 monthly
report.


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Due to not having a meeting the previous week the Board heard reports from:
   County Health Report for the month of November by Public Health Nurse Director
      Susan Ellis.

      County Environmental Health Manager Victor Crocco

Upper Arkansas Council of Governments Representative Jeff Ollinger presented the
Upper Arkansas COG Regional Water Quality Plan update.

Chairman Holman closed the Board of Health meeting at 10:19 a.m.

The regular meeting of the Board of County Commissioners was held on Tuesday,
December 8, 2009 in the Commissioners meeting room at the Courthouse. Board
members present were Chairman Frank Holman, Commissioner Tim Glenn and
Commissioner Dennis Giese. Others present were Director of General Administration
Robert Christiansen, Director of Finance Dan Short, County Development Services
Director Don Reimer, County Planner Kim Antonucci, County Attorney Jenny Davis and
Deputy County Clerk Merrilou Cicerelli.

Following the Pledge of Allegiance, Chairman Holman called the meeting to order at
10:19 a.m.

Chairman Holman asked Deputy Clerk Cicerelli for verification regarding the distribution
of the Board of Commissioners’ Agendas. Deputy Clerk Cicerelli stated that the agendas
were properly distributed.

The Board reviewed the following items:
    Board of Commissioners Calendars and Public Notices
    Commissioners Individual Calendars
    Agenda’s for upcoming meetings

The Board was presented the minutes of the August 4, 11, 18, 2009 meetings.
Commissioner Glenn asked that these minutes be moved to the next meeting due to the
lateness of the meeting opening.

Chairman Holman asked for any public comment on items not on the agenda. There
were none.

The Board was presented the monthly County Sheriff’s Report for November 2009. The
report was given by Undersheriff Keith Pinkston.

The Public Hearing continued from the November 3, 2009 Commissioners Meeting
concerning the Salida Regional Transportation Plan was opened at 10:22 a.m.

Commissioner Glenn recused himself from this hearing.

County Development Services Director Reimer presented the Board with an update.

Chairman Holman stated that the next few agenda items would be held as quasi-judicial
hearing during which the Board would hear witnesses and consider evidence.

Dara McDonald, Community Development Planner City of Salida, spoke in favor of this
item.

County Development Services Director Reimer read into the record a letter from Planning
Commission member Sid Jaastad who was in favor of the Salida Regional Transportation
Plan.

PT Wood, 348 F Street, Salida spoke in favor of the plan.

Lon Garrison, 207 Poncha Blvd, Salida, spoke in favor of the plan.
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Gary Higgins, 532 Poncha Blvd, Salida, spoke in favor of the plan.

Shawn Gillis, 145 Poncha Blvd, Salida, spoke in favor of the plan.

Paula Lallier, 9400 County Road 178A, Salida, spoke in opposition of the plan.

Being no further comments, Chairman Holman closed the public hearing at 11:10 a.m.

Chairman Holman asked County Attorney Davis to summarize the draft resolution,
adopting a new Subsection 6.17.2.1 of the Chaffee County Land Use Code regarding the
Salida Region Transportation Plan.

Commissioner Giese made a motion to approve Resolution 2009-51, adopting a new
Subsection 6.17.2.1 of the Chaffee County Land Use Code regarding the Salida Regional
Transportation Plan. Chairman Holman seconded the motion. On the question, the
motion carried 2 – 0. Commissioner Glenn had recused himself earlier.

The Board was presented a request for a Boundary Line Adjustment from William Barton
and Margaret Howe. The property is located in the SE ¼ Section 1, Township 49, Range
7 East, N.M.P.M 14003 and 14107 County Road 220, Salida in a Rural Zone.

County Planner Antonucci presented an overview of the request.

Surveyor Mike Henderson, 203 G Street, Salida, surveyor for the applicant, presented the
Board with new information.

Chip Barton, 14003 County Road 220, Salida, applicant, spoke on this request.

The Board held discussion.

Commissioner Giese made a motion for staff to prepare a resolution for the next week’s
meeting that included portions 1, 2, 3,6,7,8 of staff’s report for approval. Commissioner
Glenn seconded the motion. On the question, the motion carried 3 – 0.

The Board was presented a request for a Boundary Line Adjustment from Ute
Development Corporation, Ruby Osbert, Chester Cabay III, Charlotte and Robert Karls
and Wayne and Paula Lallier. The property is for tracts located in the E ½ SW ½ Section
29, Township 50 North, Range 9 East N.M.P.M., near Ute Heights Subdivision, Salida, in
a Residential Zone.

County Development Services Director Reimer explained that the request would correct
problems that had not been addressed in other land transfers.

Surveyor Henderson presented the Boundary Line Adjustment.

There were no further comments..

Commissioner Glenn made a motion to approve the Boundary Line Adjustment request
for the Ute Development Corporation and have staff prepare Resolution 2009-52 and
authorize the Chairman to sign upon completion. Commissioner Giese seconded the
motion. On the question, the motion carried 3 – 0.

The Board was presented a request to accept land dedication for extension of County
Road 190W and adding the new section of road to the County Road inventory.

County Development Services Director Reimer presented an overview of the request.

County Attorney Davis reviewed the draft resolution, accepting County Road 190W
extension into the County Road System Based on a 1987 Agreement.

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Commissioner Giese made a motion to accept Resolution 2009-53 accepting County
Road 190W Extension into the County Road System based on a 1987 Agreement.
Commissioner Glenn seconded the motion. On the question, the motion carried 3 – 0.

The Board was presented a request to accept dedication of County Road 177 across
portions of Hillside Addition and to hold discussion of status of road as extending
southerly of Hillside.

County Development Services Director Reimer presented an overview of the request.

Commissioner Glenn made a motion to accept the dedication of County Road 177 across
portions of Hillside Addition. Commissioner Giese seconded the motion. On the
question, the motion carried 3 – 0.

Commissioner Giese asked for further discussion on County Road 177 concerning
property owned by Mr. Fred Lowry.

The Board held discussion and agreed it would be in the best interest of the County to
work with Mr. Lowry and the City of Salida concerning rights of way on County Road 177.

The Board was presented a request to release the remaining funds of $11,000 from an
escrow account for Monarch River Estates from owner Fred Lowry.

Melvin Reddy, 8500 County Road 220, Salida, expressed concerns about this request.
.
Commissioner Giese made a motion to release the remaining funds of $11,000 from an
escrow account for Monarch River Estates from owner Fred Lowry once the survey pins
had been replaced and accept maintenance easements have been recorded.
Commissioner Glenn seconded the motion. On the question, the motion carried 3 – 0.

The Board was presented a request from Nestle Waters for a license to install a pipeline
through property owned by Chaffee County.

County Development Services Director Reimer presented an overview of the request.

County Attorney Davis expressed concerns and had discussed those in the Executive
Session earlier today.

There was discussion of the Board of Commissioners and Nestle Waters members
concerning the issue.

Staff was directed to continue working with Nestle Waters and have a resolution for
approval at the next meeting.

The next item was to review staff and consultant reimbursement request from the Nestle
Waters North America Incorporated for a Special Land Use Permit and a 1041 Permit
Reimbursement Fund.

Commissioner Glenn made a motion to pay the bills from Wildrose and to Wheeler from
the Nestle Waters reimbursement fund to be in the pay bill section of the Consent
Agenda at the next meeting. Commissioner Giese seconded the motion. On the
question, the motion carried 3 – 0.

The Board discussed reducing the size of the Planning Commission from 9 members to 7
members.

County Development Services Director Reimer presented a summary on this item.

Frank McMurry spoke in favor of this action.

Mike Allen, Buena Vista, spoke in favor of this action.
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Commissioner Giese made a motion have staff prepare a resolution that would reduce
the Planning Commission members number to 7 from 9 and change the quorum to 4 and
have the Chairman as a voting member effective February 2010. Commissioner Glenn
seconded the motion. On the question, the motion carried 3 – 0.

The Board was presented a written request from the Salida Regional Library Board of
Trustees for re-appointment of Dick Isenberger to serve a 5-year term to the Salida
Regional Library term to run from January 1, 2010 to December 31, 2014.

The Board was presented the draft resolution, filling a vacancy for the Salida Regional
Library.

Commissioner Glenn made a motion to approve Resolution 2009-54 re-appointing Dick
Isenberger to serve a 5-year term to the Salida Regional Library. Chairman Holman
seconded the motion. On the question, the motion carried 2 – 0. Commissioner Giese
does not vote on this issue as he is not a member of the Salida Library District.

The Board was presented the County Treasurer report for the month of November 2009.

Commissioner Giese made a motion to acknowledge the County Treasurer’s report for
the month of November 2009. Commissioner Giese seconded the motion. On the
question, the motion carried 3 – 0.

The Board was presented the Consent Agenda for approval. Items listed were:
      Proposed Holidays for 2010.
      Renew application for a Bed and Breakfast Permit for Colorado Crossroads, 9582
      Highway 285, Salida.
      Report from the County Veterans Services Officer for the month of November
      2009.
      Pay bills.

Commissioner Glenn made a motion to approve the Consent Agenda as presented.
Commissioner Giese seconded the motion. On the question, the motion carried 3 – 0.

Commissioner Glenn excused himself from the meeting.

Roundtable items discussion:
     Budget adoption next week.
     Update on the use of the area to be vacated by human services.
     Land use codes, memorialize names on the committee.
     Proposal on economics development.
     Letter from Steven King for support to grow alga for bio-fuel use

Commissioner Giese made a motion to close the December 8, 2009 Board of
Commissioners Meeting. Chairman Holman seconded the motion. On the question, the
motion carried 2 – 0. The meeting was adjourned at 12:25 p.m.

Attest:


Joyce M. Reno
Chaffee County Clerk




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