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ARCHULETA COUNTY

BOARD OF COUNTY COMMISSIONERS

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CALL TO ORDER THE REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS OF APRIL 21, 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).
 

PROCLAMATIONS

A.

Ralph John Goulds Day

This proclamation declares April 21, 2020 as Ralph John Goulds' Day in Archuleta County, Colorado.
Presentor
Chris Torres
Presentor's Title
Airport Manager
 

LOCAL LICENSING AUTHORITY

A.

Consideration and Approval of the Renewal of a Retail Optional Premises Cultivation License for J and J Enterprises, Inc. dba Random Precision

This is a renewal for a Retail Optional Premises Cultivation Center License for J and J Enterprises, Inc. dba Random Precision, located at 235 Bastille Drive in Pagosa Springs.  There are no changes, the application is complete and the proper fees have been paid.  The Sheriff's Office and Fire District completed their background checks and inspections and there are no objections.  Due to the COVID-19 pandemic and since there are no known modifications or violations since the last renewal, the Building and Planning Departments will not do the physical inspection of the premises until after the threat of spreading the virus is over.  Should there be any issues with the inspection, the State Enforcement Division will be immediately notified and the license could be rescinded.  Staff recommends approval of this renewal license application.
Presentor
Mary Helminski
Presentor's Title
Executive Assistant/Paralegal
 

CONSENT AGENDA BY BoCC/LIQUOR BOARD

A.

Consideration and Approval of a Brew Pub License Renewal for Tony's Taps LLC dba Pagosa Brewing Co.

This is a renewal of a Brew Pub License for Tony's Taps LLC dba Pagosa Brewing Co., located at 118 N. Pagosa Blvd. in Pagosa Springs.  This renewal includes no changes.  The application is complete and the proper fees have been paid.  The Sheriff's Office has completed the background check.  Due to the COVID-19 pandemic and since there have been no known modifications or violations since the last renewal, the physical inspection of the premises was postponed until after the threat of spreading the virus has passed.  Should there be any issues with the physical inspection, staff will immediately notify the State's Liquor Enforcement Division and may rescind the license renewal. The financial impact to the county is the fees paid per the county fee schedule and staff recommends approval of this license renewal.  Responsible Staff:  Mary Helminski, Executive Assistant/Paralegal.
B.

Consideration and Approval of a Hotel & Restaurant Liquor License Renewal for Lone Star Connection LLC dba High County Lodge

This is a renewal of a Hotel and Restaurant Liquor License for Lone Star Connection LLC dba High Country Lodge, located at 3821 East Highway 160 in Pagosa Springs.  This renewal includes no changes.  The application is complete and the proper fees have been paid.  The Sheriff's Office has completed the background check.  Due to the COVID-19 pandemic and since there have been no known modifications or violations since the last renewal, a physical inspection of the premises was not completed, but will be done after the threat of spreading the virus is done.  Should there be any issues with the physical inspection, staff will immediately notify the State's Liquor Enforcement Division and may rescind the license renewal. The financial impact to the county is the fees paid per the county fee schedule and staff recommends approval of this license renewal.  Responsible Staff:  Mary Helminski, Executive Assistant/Paralegal.
 

LIQUOR BOARD

A.

Consideration and Approval of a Lodging & Entertainment Liquor License for Ghost Pines Properties LLC dba Tennyson Building Event Center

This is an application for a new Lodging & Entertainment liquor license for Ghost Pines Properties LLC dba Tennyson Building Event Center, located at 197 Navajo Trail in Pagosa Springs.  The application is complete and the proper fees have been paid.  The Sheriff's Office has completed the background check and the Building Department has inspected the premises for changes. The financial impact to the county is the fees paid per the county fee schedule and staff recommends approval of this new license.  
Presentor
Mary Helminski
Presentor's Title
Executive Assistant/Paralegal
B.

Consideration and Approval of a Ninety (90) Day Temporary Liquor License for Ghost Pines Properties LLC dba Tennyson Building Event Center

This temporary liquor license will allow Ghost Pines Properties LLC to serve alcoholic beverages during the State's review period.  
Presentor
Mary Helminski
Presentor's Title
Executive Assistant/Paralegal
 

CONSENT AGENDA

A.

PAYROLL, PAYABLE WARRANTS AND PURCHASE CARDS

 

April 8, 2020 - April 21, 2020

B.

REGULAR MEETING MINUTES

 

Regular Meeting Minutes of April 7, 2020

Draft of the Regular Meeting Minutes from April 7, 2020 for approval.
Documents:
  1. 04-07-2020R.pdf
C.

Consideration and Approval of Appointments to Archuleta County Fair Board

Stetson Keegan, Lesley Mattingly, Adam Mattingly and Jennifer Smith have submitted applications for appointment to the Fair Board for a three year term.  Background checks have been completed with no issues and the Fair Board has approved these requests.  In accordance with the Fair Board bylaws, approval is also required from the Board of County Commissioners.
D.

Consideration of Corrective Resolution 2020-___ Affirming Legal Lot Status for Stephen W. Bing and Melody S. Bing

This resolution supersedes a previously adopted resolution to affirm the Certificate of Designation of Legal Lot Status for property owned by Stephen W. and Melody S. Bing (IDP19-260).  No fiscal impact is expected.
E.

Consideration of Corrective Resolution 2020-___ Affirming Legal Lot Status for Michelle Juneau, Shirley Jeansonne Juneau and Carl O. Juneau

This resolution supersedes a previously adopted resolution to affirm the Certificate of Designation of Legal Lot Status for property owned by Michelle, Shirley Jeansonne, and Carl O. Juneau (IDP19-353).  No fiscal impact is expected.
F.

Consideration of Corrective Resolution 2020-___ Affirming Legal Lot Status for Robert B. Campbell and Margaret K. Campbell

This resolution supersedes a previously adopted resolution to affirm the Certificate of Designation of Legal Lot Status for property owned by Robert B. and Margaret K. Campbell (IDP19-354).  No fiscal impact is expected.
G.

Consideration of Corrective Resolution 2020-___ Affirming Legal Lot Status for David N. Cordray

This resolution supersedes a previously adopted resolution to affirm the Certificate of Designation of Legal Lot Status for property owned by David N. Cordray (IDP19-364).  No fiscal impact is expected.
H.

Consideration of Corrective Resolution 2020-___ Affirming Legal Lot Status for Mask LLC

This resolution supersedes a previously adopted resolution to affirm the Certificate of Designation of Legal Lot Status for property owned by Mask LLC (IDP19-404).  No fiscal impact is expected.
I.

Consideration of Corrective Resolution 2020-___ Affirming Legal Lot Status for Peter G. Prina and Mina R. Prina

This resolution supersedes a previously adopted resolution to affirm the Certificate of Designation of Legal Lot Status for property owned by Peter G. and Mina R. Prina (IDP19-428).  No fiscal impact is expected.
J.

Consideration of Resolution 2020-___ Affirming Legal Lot Status for Terri Feirn Blundell

Affirm the Certificate of Designation of Legal Lot Status for property owned by Terri Feirn Blundell (IDP19-467).  No fiscal impact is expected.
K.

Consideration of Resolution 2020-___ Affirming Legal Lot Status for Morgan FLP 3rd LLC

Affirm the Certificate of Designation of Legal Lot Status for property owned by Morgan FLP 3rd, LLC (IDP  20-052).  No fiscal impact is expected.
L.

Consideration of Resolution 2020-___ Affirming Legal Lot Status for George E. Clark

Affirm the Certificate of Designation of Legal Lot Status for property owned by George E. Clark (IDP  20-055).  No fiscal impact is expected.
M.

Consideration of Resolution 2020-___ Affirming Legal Lot Status for George E. Clark

Affirm the Certificate of Designation of Legal Lot Status for property owned by George E. Clark (IDP  20-056).  No fiscal impact is expected.
N.

Consideration of Resolution 2020-___ Affirming Legal Lot Status for George Edward Clark

Affirm the Certificate of Designation of Legal Lot Status for property owned by George Edward Clark (IDP  20-057).  No fiscal impact is expected.
O.

Consideration of Resolution 2020-___ Affirming Legal Lot Status for George E. Clark

Affirm the Certificate of Designation of Legal Lot Status for property owned by George E. Clark (IDP  20-058).  No fiscal impact is expected.
P.

Consideration of Resolution 2020-___ Affirming Legal Lot Status for Timothy J. Eaton

Affirm the Certificate of Designation of Legal Lot Status for property owned by Timothy J. Eaton (IDP  20-060).  No fiscal impact is expected.
Q.

Consideration of Resolution 2020-___ Affirming Legal Lot Status for Taran Gautam

Affirm the Certificate of Designation of Legal Lot Status for property owned by Taran Gautam (IDP 20-061).  No fiscal impact is expected.
R.

Consideration of Resolution 2020-___ Affirming Legal Lot Status for Ronald W. Henrikson Trustee and Marcia E. Henrikson Trustee

Affirm the Certificate of Designation of Legal Lot Status for property owned by Ronald W. Henrikson Trustee and Marcia E. Henrikson Trustee (IDP 20-062).  No fiscal impact is expected.
S.

Consideration of Resolution 2020-___ Affirming Legal Lot Status for Doug March Enterprises, Inc.

Affirm the Certificate of Designation of Legal Lot Status for property owned by Doug March Enterprises, Inc. (IDP 20-063).  No fiscal impact is expected.
T.

Consideration of Resolution 2020-___ Affirming Legal Lot Status for Jerry C. Wills and Vicki Wills

Affirm the Certificate of Designation of Legal Lot Status for property owned by Jerry C. and Vicki Wills. (IDP 20-064).  No fiscal impact is expected.
U.

Consideration of Resolution 2020-___ Affirming Legal Lot Status for Judith Ann Forbes Living Trust Dated July 27, 1998

Affirm the Certificate of Designation of Legal Lot Status for property owned by Judith Ann Forbes Living Trust Dated July 27, 1998 (IDP 20-069).  No fiscal impact is expected.
V.

Consideration of Resolution 2020-___ Affirming Legal Lot Status for Peter Michael Coronado

Affirm the Certificate of Designation of Legal Lot Status for property owned by Peter Michael Coronado (IDP 20-070).  No fiscal impact is expected.
W.

Consideration of Resolution 2020-___ Affirming Legal Lot Status for Trust A Under the Knudsen Revocable Living Trust

Affirm the Certificate of Designation of Legal Lot Status for property owned by Trust A Under the Knudsen Revocable Living Trust c/o Tony C. Knudsen and Sheri Ann (Knudsen) Warren, Co-Trustees (IDP 20-071).  No fiscal impact is expected.
X.

Consideration of Resolution 2020-___ Affirming Legal Lot Status for Turkey Creek Ranch Ltd

Affirm the Certificate of Designation of Legal Lot Status for property owned by Turkey Creek Ranch, Ltd.(IDP 20-072).  No fiscal impact is expected.
Y.

Consideration of Resolution 2020-___ Affirming Legal Lot Status for Turkey Creek Ranch Ltd.

Affirm the Certificate of Designation of Legal Lot Status for property owned by Turkey Creek Ranch Ltd. (IDP 20-073).  No fiscal impact is expected.
Z.

Consideration of Resolution 2020-___ to Consolidate 2 Lots into 1 Lot in Coyote Cove Owned by Daniel P. Melloy and Catherine J. Melloy

This request is to consider a resolution authorizing the consolidation of Lots 14 and 15, Coyote Cove, to become Lot 14X owned by Daniel P. Melloy and Catherine J. Melloy.  This consolidation has been reviewed and is recommended for approval by the Developments Services Director.  The impact to the County budget includes fees paid per the County Fee Schedule, generally balanced by reduction in property taxes.
AA.

Consideration and Approval of a Grant Related to Weed Treatment of Forest Service Roads

Consideration of a $6,000 grant agreement offered to the county by the USDA Forest Service in consideration of weed treatment of various Forest Service roads.
BB.

Ratification of the Chairman's Signature on a Road Project Agreement with the US Forest Service

Archuleta County entered into a Forest Road Cooperative Agreement with the U.S. Forest Service in May 2018 which detailed the parties' cooperation in the planning survey, design, construction, reconstruction, improvement and maintenance of certain forest roads.  Addendums to that Agreement could be made in the form of Project Agreements.  This Project Agreement documents the parties' cooperation in the application of 27,000 gallons of mag chloride to 6.9 miles of Piedra Road.  Commissioner Maez signed this Project Agreement on April 14, 2020.
CC.

Ratification of the Chairman's Signature on a Letter of Opposition to a Statewide Fire Ban

In response to a request by the Colorado State Fire Chiefs Association for an executive order banning all outside fires in Colorado, the Board of County Commissioners and Sheriff's Office issued a joint letter of opposition to the order.  Chairman Maez signed this letter on April 14, 2020.
 

NEW BUSINESS

A.

Consideration and Approval of 2020 ERTB Grant Acceptance

Electronic Recording Technology Board Grant in the amount of $41,383.86 for licensing and maintenance of software, additional public workstation and miscellaneous office supplies.  This award is presented at 100% with no matching funds needed.

Additional Emergency Electronic Recording Technology Board Grant in the amount of $3,590.00 for the purchase of Laptops due to the COVID-19 Situation and allowing for remote access to Recording Programs.
Presentor
Kristy Archuleta
Presentor's Title
Clerk and Recorder
B.

Consideration and Approval of Emergency Funding for Permitting Fees for Erosion Project on County Rd 500

Board of County Commissioners:

Last December I came to you requesting emergency funding for the erosion area on CR-500. This funding was primarily to do the engineering required to develop a preliminary plan for the repair that was required to begin initial discussions with the many federal agencies involved. Davis Engineering gave us an estimate of around $55,600. The topo map of the area that was developed with a Lidar flight with a drone was the first thing that was done and it cost about $20,000 and then we had hydraulic engineering and environmental engineering and geotechnical engineering along with the required Civil engineering to get the preliminary design complete. Then the initial discussions with the federal agencies could and has begun. The final cost for the preliminary design was about $52,483.

The next step is to get the basic permitting complete with the Army Corps of Engineers. This is required for agencies to actually release funding for this project. According to Davis Engineering, to do the 1000 pages plus in a basic federal permit for a walkway or roadway is $20,000 to $30,000. When you move the permit into the river, you can expect the paperwork and the cost to double. The estimate for the ACoE permit is $49,502 and this is what we are asking to be approved for this change order.

These emergency funds will have to come out of R&B capital funds until such time as we get funding to reimburse these preliminary engineering costs. My recommendation is to re-task the $250,000 budgeted for grinding and resurfacing Light Plant Road until we can be reimbursed for these engineering fees.

These will be the last funds provided by the county. All funds for construction will need to be from emergency federal or state funding.

Presentor
Robert Perry
Presentor's Title
Public Works Director
Documents:
  1. 20200414112538.pdf
C.

Consideration and Approval of Contract for the 2020 Asphalt Maintenance Project

Archuleta County received on April 9, 2020, two separate sealed BIDS for the 2020 Asphalt Maintenance Project. The base project involves typical asphalt maintenance methods on Archuleta County roadways including, and not limited to, the intersection of Navajo Trail Drive and Vista Boulevard, Meadows Drive, South Pagosa Boulevard, and Trujillo Road (County Road 500).  The project includes removal of Hot Mix Asphalt (HMA), excavation, sub-grade preparation, sub-grade stabilization, HMA paving of full roadway widths, HMA full depth patching, traffic control and other items typically associated with road construction.

The two bids are:

Strohecker Asphalt & Paving Inc.                        $196,653.00

Elam Construction                                                  $283,312.00

We would like to award Strohecker Asphalt & Paving for the 2020 Asphalt Maintenance Project for the amount of $196,653.00.

Presentor
Robert Perry
Presentor's Title
Public Works director
Documents:
  1. 20200415112723.pdf
D.

Consideration of Resolution 2020-___ Extending the Declaration of a Local Disaster

This resolution extends the Declaration of Local Disaster which was adopted on March 17, 2020 until May 5, 2020, at which time the Board will consider whether another extension of the Declaration is warranted.
Presentor
Scott Wall
Presentor's Title
County Administrator
E.

Consideration and Approval of Mutual Release and Settlement Agreement with Colorado's Timber Ridge Metropolitan District

This Mutual Release and Settlement Agreement between the Board of County Commissioners of Archuleta County and Colorado's Timber Ridge Metropolitan District settles and resolves all issues existing between them concerning the public status of Bristlecone Drive in Case No. 2019CV30094 currently pending in the District Court of Archuleta County.
Presentor
Todd Weaver
Presentor's Title
County Attorney
 

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).
 

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.
 
A.

Executive Session

Pursuant to C.R.S. 24-6-402(4)(f) - personnel matters - for the purpose of conducting the annual evaluation of the County Attorney.
 

COMMISSIONER COMMENTS

 

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.