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ARCHULETA COUNTY

BOARD OF COUNTY COMMISSIONERS

 

CALL TO ORDER THE REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS OF JANUARY 7, 2020 AT 1:30 P.M.

 

PLEDGE OF ALLEGIANCE

 

MOMENT OF SILENCE

 

DISCLOSURES AND/OR CONFLICT OF INTEREST

 

APPROVAL OR ADJUSTMENTS TO AGENDA

* Executive Session - Specific Agenda Topic
 

PUBLIC COMMENTS FROM THE FLOOR*

This is an opportunity during the session for the public to address the Commissioner. Please step up to the podium, STATE YOUR NAME AND ADDRESS FOR THE RECORD and keep your comments to 3 minutes (the Board is not required to discuss your comment or make a decision regarding your comment, under this section).
 

ACKNOWLEDGEMENTS

A.

Margie Gurule Retirement Recognition

Archuleta County would like to recognize Margie Gurule for her 41 years of service and dedication as an employee with the County.   
Presentor
Matthew A. Dodson, LCSW
Presentor's Title
Director, Archuleta County Department of Human Services
 

LIQUOR BOARD

A.

Consideration and Approval of a Retail Fermented Malt Beverage Off-Premises Liquor Permit for Western Refining Retail, Inc. dba Speedway #9497

This agenda item was tabled at the November 12th BoCC regular meeting.  The applicant then requested to reschedule the hearing to January 7th.  This is an application for a Retail Fermented Malt Beverage Off-Premises Liquor License for Western Refining Retail, Inc. dba Speedway located at 25 N. Pagosa Blvd., Pagosa Springs, Colorado. The application is complete and the proper fees have been submitted. The Sheriff's Office has completed their background check and the Building Department has inspected the premises. The financial impact to the County is the fees paid per the County Fee Schedule. 

Staff recommends denial of the License since the distance between the subject property and another retail liquor store is less than the state-mandated 500 feet.
Presentor
Brad Callender
Presentor's Title
Development Director
B.

Consideration and Approval of a Temporary Retail Fermented Malt Beverage Off-Premises Liquor Permit for Western Refining Retail, Inc. dba Speedway #9497

This agenda item was tabled at the November 19th BoCC regular meeting.  The applicant then requested to reschedule the request to January 7th.  This is a request for a ninety (90) day Temporary Retail Fermented Malt Beverage Off-Premises Liquor Permit for Western Refining Retail, Inc. dba Speedway #9497 located at 25 N. Pagosa Blvd., Pagosa Springs, Colorado. The application is complete and the proper fees have been submitted. The Sheriff's Office has completed their background check and the Building Department has inspected the premises.  Fingerprints were submitted to the Colorado Bureau of Investigations for the purpose of conducting fingerprints-based criminal history records check.  There is no financial impact to the County.  This Temporary Permit is requested to allow the business to sell while waiting for the State to process the actual license and is only being requested upon the Board of County Commissioners' approval of the actual license.

Staff recommends denial of the License since the distance between the subject property and another retail liquor store is less than the state-mandated 500 feet.
Presentor
Brad Callender
Presentor's Title
Development Services Director
 

CONSENT AGENDA

A.

PAYROLL, PAYABLE WARRANTS AND PURCHASE CARDS

 

December 18, 2019 - January 7, 2020

B.

REGULAR MEETING MINUTES

 

Regular Meeting Minutes 12/17/2019

Draft of the Regular Meeting Minutes from December 17, 2019 for approval.
Documents:
  1. 12-17-19R.pdf
C.

SPECIAL MEETING MINUTES

 

Special Meeting Minutes 12/19/2019

Draft of the Special Meeting Minutes from December 19, 2019 for approval.
Documents:
  1. 12-19-19S.pdf
D.

Consideration of the Appointment of a Budget Officer for Fiscal Year 2020

Pursuant to C.R.S. 27-1-104, the governing body of each local government shall designate or appoint a person to prepare the annual budget for submittal to that governing body.  The County Administrator has historically been designated as the Budget Officer for Archuleta County.
E.

Consideration and Approval of Resolution 2020-___ Establishing a Location for the Posting of Official County Notices, Setting Meetings Dates for the 2020 Calendar Year and Establishing Days and Office Hours for County Offices to Transact County Business for Fiscal Calendar Year 2020

Pursuant to C.R.S. 24-6-402, the Board of County Commissioners ("BoCC"), at their first regular meeting of the calendar year, shall designate a public posting place(s) for notice of agendas.  Pursuant to C.R.S. 30-10-109, the BoCC are required to establish the days and office hours for County offices to be kept open for the transaction of county business.  Pursuant to C.R.S. 30-10-303, at the first meeting of the year, the BoCC sets the dates and times for BoCC meetings.  This resolution complies with these three statutory requirements.
F.

Consideration and Approval of Resolution 2020-___ Approving the Archuleta County Fee Schedule

Pursuant to C.R.S. 30-11-107, the Board of County Commissioners are charged with establishing fees charged for county services.  As has been the practice in the past, any suggested amendments or additions for the fee schedule are highlighted to ensure transparency in how the county represents changing fees.
G.

Ratification of Amendments to the Planning Commission Bylaws

Ratification of amendments to the Archuleta County Planning Commission Bylaws.  
H.

Consideration Of Resolution No. 2020 - ____ Affirming Legal Lot Status For Borge S. Jensen

Affirm the Certificate of Designation of Legal Lot Status of property owned by Borge S. Jensen (IDP19-252A), an approximately 5 acre property in Section 10, Township 34 North, Range 1 West, N.M.P.M., Archuleta County, Colorado more particularly described in Exhibit A, attached hereto, also known as 77S. Primrose Ridge Place, Pagosa Springs, Colorado.  No fiscal impact is expected. 
I.

Consideration Of Resolution No. 2020 - ____ Affirming Legal Lot Status For Borge S. Jensen

Affirm the Certificate of Designation of Legal Lot Status of property owned by Borge S. Jensen (IDP19-252B), an approximately 5 acre property in Section 10, Township 34 North, Range 1 West, N.M.P.M., Archuleta County, Colorado more particularly described in Exhibit A, attached hereto, also known as X North Primrose Ridge Place, Pagosa Springs, Colorado.  No fiscal impact is expected. 
J.

Consideration Of Resolution No. 2020 - ____ Affirming Legal Lot Status For Equity Trust Company FBO Brenda Paris, IRA

Affirm the Certificate of Designation of Legal Lot Status of property owned by Equity Trust Company FBO Brenda Paris IRA (IDP19-274), an approximately 11 acre property in Section 15, Township 34 North, Range 2.5 West, N.M.P.M., Archuleta County, Colorado more particularly described in Exhibit A, attached hereto, also known as 520 A Whispering Wood Drive, Pagosa Springs, Colorado.  No fiscal impact is expected
K.

Consideration of Resolution No. 2020 - _________ Affirming Legal Lot Status for Mark A. Bergon

Affirm the Certificate of Designation of Legal Lot Status of property owned by Mark A. Bergon (IDP19-351), an approximately 20 acre property in Section 23, Township 35 North, Range 2 West, GLO Lot 13, N.M.P.M., Archuleta County, Colorado more particularly described in the Certificate of Designation, also known as 901 County Road 500, Pagosa Springs, Colorado.  No fiscal impact is expected. 
L.

Consideration Of Resolution No. 2020 - ____ Affirming Legal Lot Status For William Lee Johnson III and Rebecca L. Johnson and Benjamin D. Johnson and Darla Jan Johnson

Affirm the Certificate of Designation of Legal Lot Status of property owned by William Lee Johnson III and Rebecca L. Johnson and Benjamin D. Johnson and Darla Jan Johnson (IDP19-352), an approximately 5.22 acre property in a portion of Section 14 and 15, Township 34 North, Range 1 West, N.M.P.M., Archuleta County, Colorado, also known as 397 County Road 326, Pagosa Springs, Colorado.  No fiscal impact is expected
M.

Consideration Of Resolution No. 2020 - ____ Affirming Legal Lot Status For Michelle Juneau and Shirley Jeansonne Juneau and Carl O. Juneau

Affirm the Certificate of Designation of Legal Lot Status of property owned by Michelle Juneau and Shirley Jeansonne Juneau and Carl O. Juneau (IDP19-353), an approximately 5 acre tract of land located in the S1/2 SE1/4 SW1/4  of Section 11, Township 34 North, Range 1 West, N.M.P.M., Archuleta County, also known as 169 Ghost Elk Court, Pagosa Springs Colorado  No fiscal impact is expected
N.

Consideration Of Resolution No. 2020 - ____ Affirming Legal Lot Status For Robert B. Campbell and Margaret K. Campbell

Affirm the Certificate of Designation of Legal Lot Status of property owned by Robert B. Campbell and Margaret K. Campbell (IDP19-354), an approximately 4.1 acre property in the S1/4 of  Section 15, Township 34 North, Range 1 West, N.M.P.M., Archuleta County, Colorado more particularly described in Exhibit A, attached hereto, also known as X Highway 84 South, Pagosa Springs, Colorado.  No fiscal impact is expected. 
O.

Consideration Of Resolution No. 2020 - ____ Affirming Legal Lot Status For Robert B. Campbell and Margaret K. Campbell

Affirm the Certificate of Designation of Legal Lot Status of property owned by Robert B. Campbell and Margaret K. Campbell (IDP19-355), an approximately 4.7 acre property in the S1/4 of  Section 15, Township 34 North, Range 1 West, N.M.P.M., Archuleta County, Colorado more particularly described in Exhibit A, attached hereto, also known as X Highway 84 South, Pagosa Springs, Colorado.  No fiscal impact is expected. 
P.

Consideration Of Resolution No. 2020 - ____ Affirming Legal Lot Status For Terry Roeder and Pamela J. Roeder

Affirm the Certificate of Designation of Legal Lot Status of property owned by Terry Roeder and Pamela J. Roeder (IDP19-361), an approximately 7.22 acre property in Section 22, Township 33, North, Range 2 West, N.M.P.M., Archuleta County, Colorado more particularly described in Exhibit A, attached hereto, also known as 14642 County Road 500, Pagosa Springs, Colorado.  No fiscal impact is expected. 
Q.

Consideration Of Resolution No. 2020 - ____ Affirming Legal Lot Status For Terry Roeder and Pamela J. Roeder

Affirm the Certificate of Designation of Legal Lot Status of property owned by Terry Roeder and Pamela J. Roeder (IDP19-362), an approximately 7.22 acre property in Section 22, Township 33, North, Range 2West, N.M.P.M., Archuleta County, Colorado more particularly described in Exhibit A, attached hereto, also known as X County Road 500, Pagosa Springs, Colorado.  No fiscal impact is expected. 
R.

Consideration Of Resolution No. 2020 - ____ Affirming Legal Lot Status For David N. Cordray

Affirm the Certificate of Designation of Legal Lot Status of property owned by Mark A. Cordray (IDP19-364), an approximately 20.06 acre property in Section 22, Township 33, North, Range 2 West, N.M.P.M., Archuleta County, Colorado more particularly described in Exhibit A, attached hereto, also known as 8345 County Road 600, Pagosa Springs, Colorado.  No fiscal impact is expected. 
S.

Consideration Of Resolution No. 2020 - ____ Affirming Legal Lot Status For Karen Casci and Toby Casci

Affirm the Certificate of Designation of Legal Lot Status of property owned by Karen Casci and Toby Casci (IDP19-402), an approximately 8.32 acre property in the NE1/4 NW1/4 of Section 24, Township 32 North, Range 4 West, N.M.P.M., Archuleta County, Colorado more particularly described in Exhibit A, attached hereto, also known as X County Road 500, Pagosa Springs, Colorado.  No fiscal impact is expected. 


T.

Consideration Of Resolution No. 2020 - ____ Affirming Legal Lot Status For William E. Holub and Barbara A. Holub

Affirm the Certificate of Designation of Legal Lot Status of property owned by William E. Holub and Barbara A. Holub (IDP19-403), an approximately 1.56 acre property tract of land located a portion of Township 34 North, Range 1 West, 34-1 1/2W Tract in 36-34-1 1/2W (Portion of Tract 116), N.M.P.M., Archuleta County, Colorado more particularly described in Exhibit A, attached hereto, also known as 4388 County Road 335, Pagosa Springs, Colorado.  No fiscal impact is expected. 
U.

Consideration Of Resolution No. 2020 - ____ Affirming Legal Lot Status For MASK LLC

Affirm the Certificate of Designation of Legal Lot Status of property owned by MASK LLC (IDP19-404), an approximately 7.74 acre property located in a portion of the N1/2 of Section 25, Township 35 North, Range 2 West, N.M.P.M., Archuleta County, Colorado more particularly described in Exhibit A, attached hereto, also known as 1591 County Road 119, Pagosa Springs, Colorado.  No fiscal impact is expected. 
V.

Consideration Of Resolution No. 2020 - ____ Affirming Legal Lot Status For The Eugene I. Gillard and Elizabeth J. Gillard Revocable Living Trust, Dated July 31, 1996

Affirm the Certificate of Designation of Legal Lot Status of property owned by The Eugene I. Gillard and Elizabeth J. Gillard Revocable Living Trust, Dated July 31, 1996  (IDP19-405), an approximately 6.84 acre tract of land located in a portion of NW1/4SW1/4 of Section 8, Township 34 North, Range 4 West, N.M.P.M., Archuleta County, Colorado more particularly described in Exhibit A, attached hereto, also known as 468 County Road 166, Chimney Rock, Colorado.  No fiscal impact is expected
W.

Consideration Of Resolution No. 2020 - ____ Affirming Legal Lot Status For Nolan W. Fulton, III

Affirm the Certificate of Designation of Legal Lot Status of property owned by Nolan W. Fulton, III (IDP19-406), an approximately 2.33 acre property in a portion of SW1/4 of Section 26, Township 35 North, Range 2 West, N.M.P.M., Archuleta County, Colorado more particularly described in Exhibit A, attached hereto, also known as 2700 County Road 500, Pagosa Springs, Colorado.  No fiscal impact is expected. 
X.

Consideration Of Resolution No. 2020 - ____ Affirming Legal Lot Status For Billy D. Schmidt and Susan K. Schmidt, Trustees under the Schmidt Living Trust, Dated March 19,2002

Affirm the Certificate of Designation of Legal Lot Status of property owned by Billy D. Schmidt and Susan K. Schmidt, Trustees under the Schmidt Living Trust, Dated March 19, 2002 (IDP19-407), an approximately 4.167 acre property in a portion of NW1/4 NW1/4 of Section 16, Township 34 North, Range 1 West, N.M.P.M., Archuleta County, Colorado more particularly described in Exhibit A, attached hereto, also known as X Lupine Place, Pagosa Springs, Colorado.  No fiscal impact is expected. 
Y.

Consideration Of Resolution No. 2020 - ____ Affirming Legal Lot Status For Leo Milner and Donna Gayle Milner

Affirm the Certificate of Designation of Legal Lot Status of property owned by Leo Milner and Donna Gayle Milner (IDP19-426), an approximately 20 acre property in Section 11, Township 34 North, Range 1 West, N.M.P.M., Archuleta County, Colorado more particularly described as The South Half of the Northwest Quarter of the Southeast Quarter (S1/2NW1/4SE1/4), Section 11, Township 34 North, Range 1 West, N.M.P.M., Archuleta County, Colorado, also known as 1701 Catchpole Drive, Pagosa Springs, Colorado.  No fiscal impact is expected. 
Z.

Consideration Of Resolution No. 2020 - ____ Affirming Legal Lot Status For Leo Milner and Donna Gayle Milner

Affirm the Certificate of Designation of Legal Lot Status of property owned by Leo Milner and Donna Gayle Milner (IDP19-427), an approximately 20 acre property in Section 11, Township 34 North, Range 1 West, N.M.P.M., Archuleta County, Colorado more particularly described as The North Half of the Northwest Quarter of the Southeast Quarter (N1/2NW1/4SE1/4), Section 11, Township 34 North, Range 1 West, N.M.P.M., Archuleta County, Colorado, also known as X Catchpole Drive, Pagosa Springs, Colorado.  No fiscal impact is expected.
AA.

Consideration Of Resolution No. 2020 - ____ Affirming Legal Lot Status For Peter G. Prina and Mina R. Prina

Affirm the Certificate of Designation of Legal Lot Status of property owned by Peter G. Prina and Mina R. Prina (IDP19-428), an approximately 7.5 acre property in Section 1, Township 34 North, Range 1-1/2 West, N.M.P.M., Archuleta County, Colorado more particularly described in Exhibit A, attached hereto, also known as Echo Lake Access Easement, Pagosa Springs, Colorado.  No fiscal impact is expected. 
BB.

Consideration Of Resolution No. 2020 - ____ Affirming Legal Lot Status For Peter G. Prina and Mina R. Prina

Affirm the Certificate of Designation of Legal Lot Status of property owned by Peter G. Prina and Mina R. Prina (IDP19-429), an approximately 2.5 acre property in Section 1, Township 34 North, Range 1-1/2 West, N.M.P.M., Archuleta County, Colorado more particularly described in Exhibit A, attached hereto, also known as Echo Lake Access Easement, Pagosa Springs, Colorado.  No fiscal impact is expected. 
CC.

Consideration Of Resolution No. 2020 - ____ Affirming Legal Lot Status For Peter G. Prina and Mina R. Prina

Affirm the Certificate of Designation of Legal Lot Status of property owned by Peter G. Prina and Mina R. Prina (IDP19-430), an approximately 2.5 acre property in Section 1, Township 34 North, Range 1-1/2 West, N.M.P.M., Archuleta County, Colorado more particularly described in Exhibit A, attached hereto, also known as Echo Lake Access Easement, Pagosa Springs, Colorado.  No fiscal impact is expected. 
DD.

Consideration Of Resolution No. 2020 - ____ Affirming Legal Lot Status For Peter G. Prina and Mina R. Prina

Affirm the Certificate of Designation of Legal Lot Status of property owned by Peter G. Prina and Mina R. Prina (IDP19-431), an approximately 2.5 acre property in Section 1, Township 34 North, Range 1-1/2 West, N.M.P.M., Archuleta County, Colorado more particularly described in Exhibit A, attached hereto, also known as Echo Lake Access Easement, Pagosa Springs, Colorado.  No fiscal impact is expected. 
EE.

Consideration Of Resolution No. 2020 - ____ Affirming Legal Lot Status For Peter G. Prina and Mina R. Prina

Affirm the Certificate of Designation of Legal Lot Status of property owned by Peter G. Prina and Mina R. Prina (IDP19-432), an approximately 2.5 acre property in Section 1, Township 34 North, Range 1-1/2 West, N.M.P.M., Archuleta County, Colorado more particularly described in Exhibit A, attached hereto, also known as Echo Lake Access Easement, Pagosa Springs, Colorado.  No fiscal impact is expected. 
FF.

Consideration Of Resolution No. 2020 - ____ Affirming Legal Lot Status For Peter G. Prina and Mina R. Prina

Affirm the Certificate of Designation of Legal Lot Status of property owned by Peter G. Prina and Mina R. Prina (IDP19-433), an approximately 10 acre property in Section 10, Township 34 North, Range 1 West, N.M.P.M., Archuleta County, Colorado more particularly described as the S1/2N1/2SE1/4NE1/4 Section 10, Township 34 North, Range 1 West, N.M.P.M., containing 10 acres, more or less.  Reserved herein by party of the first part is an easement or 10 feet along the south, west and north boundary lines for utility use, and subject to a road easement of 30 feet along the easterly boundary contained in a recorded easement. Together with any and all mineral rights on, in, to, under, and upon the described property, without warrant, also known as X Highway 84, Pagosa Springs, Colorado. No fiscal impact is expected. 
GG.

Approval of County CRA 401(a) Employee Retirement Plan

The County 401(a) retirement plan through Colorado Retirement Association (formerly CCOERA) gives employees the option of choosing a pre-tax contribution percentage - between 4% and 7% - to have withheld from their pay and contributed to their 401(a) retirement plan.  The County would match the employee contribution amount dollar-for-dollar.
HH.

Consideration and Approval of Second Amendment to Intergovernmental Agreement between La Plata County and Archuleta County Regarding the Housing of Archuleta County Inmates at the La Plata County Detention Center

An Intergovernmental Agreement ("IGA") between Archuleta and La Plata Counties was entered on August 11, 2015 which allowed Archuleta County to rent space for inmates to be housed at the La Plata County Detention Center.  A First Amendment was signed on October 10, 2017 which clarified responsibilities and reimbursement for related costs.  The First Amendment expired in October 2019.  This Second Amendment extends the term of the Agreement to December 31, 2020.
II.

Ratification of the Chairman's Signature on an Agreement for Cooperative Wildfire Protection

This Agreement between Archuleta County, the Sheriff of Archuleta County and the State of Colorado Department of Public Safety details the process and procedures for how each party works together to implement statute and prevent, prepare for, respond to, and bill for wildland fire in Colorado.  This is a recurring agreement with no changes from the prior agreement.  Chairman Maez signed this Agreement on December 20, 2019.
 

NEW BUSINESS

A.

Consideration and Execution of Thank You Letters to Underfunded Courthouse Grant Committee Members

The Underfunded Courthouse Grant Committee awarded Archuleta County $1.9 million for construction of a new county courthouse.  These letters to be signed by each member of the BoCC express the county's appreciation of the award.

Presentor
Scott Wall
Presentor's Title
County Administrator
 

PUBLIC COMMENTS FROM THE FLOOR

This is an opportunity during the session for the public to address the Commissioners on a subject not covered on the agenda. Please step up to the podium, STATE YOUR NAME AND ADDRESS FOR THE RECORD and keep your comments to 3 minutes (the Board is not required to discuss your comment or make a decision regarding your comment, under this section).
 

COMMISSIONER COMMENTS

 

EXECUTIVE SESSION

Pursuant to C.R.S. 24-6-402(4): The Board reserves the right to meet in executive session for any purposes allowed and announced prior to voting to enter into executive session.
 
 

ADJOURNMENT OF THE REGULAR BOCC MEETING

All meetings to be held in the Archuleta County Administration Offices
398 Lewis Street, unless otherwise stated.

All Regular and Special BoCC Meetings are recorded.