Following the Pledge of Allegiance, Chairman Giese opened the meeting at 9:00 a.m.

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1 Commissioners Meeting December 15, 2015 The regular meeting of the Board of Commissioners was held on Tuesday, December 15, 2015 at the Buena Vista School District Administration Office, 113 North Court Street, Buena Vista. Board members present were Chairman Dennis Giese, Commissioner Frank Holman and Commissioner Dave Potts. Others present were County Finance Director Short, Director of Administration Bob Christiansen, County Attorney Jenny Davis, County Road and Bridge Supervisor Mark Stacy, County Planning Manager Jon Roorda and Deputy County Clerk Sheila Kapell. Following the Pledge of Allegiance, Chairman Giese opened the meeting at 9:00 a.m. Verification of Distribution of the Board of Commissioners Agendas Chairman Giese asked Deputy Clerk Kapell for verification regarding the distribution of the Board of Commissioners Agendas. Deputy Clerk Kapell stated that the agendas were properly distributed. Items for Review Public Notices. Public Comment Pamela Holt, County Road 162, Nathrop voiced her concern for the current and future fire safety around the Rancho Caballo development on County Road 162. She stated the Chaffee County Fire District directed the development to either put in a cistern or set up an agreement with Mt. Princeton to use their water or pay a $15,000 fee to the Fire Protection District. She asked that since no agreement had been made with Mt. Princeton and no cistern was put in, how the $15,000 fee would help protect the residents of that valley. Chairman Giese stated that was a question she would need to ask the Fire Protection District and that the Commissioners have had that same question themselves and intended to look into it as well. Discussion was held on the topic. Agenda Item A Consider a proposed new summit name in Northern Chaffee County to Autumn Peak in the San Isabel Forest. Director of Administration Christiansen gave an overview of the request. Page 1 of 8

2 Commissioner Potts made a motion to approve the new summit name in Northern Chaffee County to Autumn Peak in the San Isabel Forest. Commissioner Holman seconded the motion. On the question, the motion carried 3-0. Agenda Item B Consider a request from Colorado Parks and Wildlife for a letter of concurrence to move forward with a transaction between CPW and the Salida Hospital District for an exchange of property. Chairman Giese stated he was currently a member of the Salida Hospital District Facility Committee but the transaction was started before he got on the committee. Area Wildlife Manager, Jim Aragon, 7405 US Hwy 50, Salida gave an overview of the request. Commissioner Holman made a motion to approve the request from Colorado Parks and Wildlife for a letter of concurrence to move forward with a transaction between CPW and the Salida Hospital District for an exchange of property and to have the Chair sign the letter. Commissioner Potts seconded the motion. On the question, the motion carried 3-0. Agenda Item C Consider resolution accepting dedication of right-of-way in connection with the Michael & Margaret Stark, Elizabeth Summers and Denis & Kathleen Donnelly BLA. County Attorney Davis gave an overview of the request. Commissioner Potts made a motion to approve Chaffee County Resolution Ratifying The Approval Of The Stark/Donnelly/Summers Boundary Line Adjustment And Accepting The Road Dedication. Commissioner Holman seconded the motion. On the question, the motion carried 3-0. Agenda Item D Consider a resolution for a Boundary Line Adjustment from the John & Betty Spino Family Trust and John & Cynthia Dykins. Property is located at 7163 County Road 110, 7380 Martha s Lane & 7063 County Road 110, in the SE1/4, Section 6, Township 49 North, Range 9 East NMPM, Salida. County Attorney Davis gave an overview of the Resolution. She stated the Commissioners could approve boundary line with the condition that the applicants submit the plat and a letter of approval from the homeowners association. Page 2 of 8

3 Commissioner Potts made a motion to approve Chaffee County Resolution Approving The Spino-Dykins Boundary Line Adjustment And Partial Plat Amendment with the conditions noted by the County Attorney. Commissioner Holman seconded the motion. On the question, the motion carried 3-0. Agenda Item E Consider a request for a Boundary Line Adjustment from Darryl & Shirley Graham and Randall & Carol Davis. Property is located at and County Road 197A, within the E1/2SE1/4, Section 14, Township 15S, Range 78W, 6 th P.M. Chairman Giese recused himself from the item due to financial dealings with the Davis. County Planning Manager Roorda gave an overview of the request. Syd Schieren, Landmark Survey, 202 N F St., Salida, made some clarifications on the boundary lines. Commissioner Potts made a motion to approve the request for a boundary line adjustment from Darryl & Shirley Graham and Randall & Carol Davis for property located at and County Road 197A, Nathrop. Commissioner Holman seconded the motion. On the question, the motion carried 2-0. Agenda Item F Consider a request for a Boundary Line Adjustment from Benn Family Trust & Smith Family Trust, Christopher & Sara Allen, and Chaffee County. Property is located at County Road 310 and County Road 310, within the SE1/4NW1/4, Section 22, Township 14 South, Range 78 West, 6 th P.M., Buena Vista. Planning Manager Roorda gave an overview of the request. Kevin Burdges, 125 Baylor Dr., Buena Vista stated adjusting the boundary line would make it better for everyone involved. Chairman Giese asked if they could tap into Buena Vista water if their sewer failed. County Planning Manager Roorda stated access to Buena Vista water was nearby but they hadn t tested it yet. Commissioner Potts made a motion to approve the request for a boundary line adjustment from Benn Family Trust & Smith Family Trust, Christopher & Sara Allen, and Chaffee County for property located at County Road 310 and County Road 310, Buena Vista. Commissioner Holman seconded the motion. On the question, the motion carried 3-0. Page 3 of 8

4 Agenda Item G Consider a request for a Boundary Line Adjustment from Mark Waite. Property is located at and north of County Road 306, part of the NW1/4NE1/4, Section 18, Township 14 South, Range 78 West, 6 th PM, Buena Vista. Planning Manager Roorda gave an overview of the request. County Attorney Davis raised some concern as to whether surrounding property owners should be notified since it would increase the number of lots in the Ivy League Subdivision. The Board held discussion. The Board made the finding that this was a created lot and the boundary line adjustment met the standards in the Land Use Code. Chairman Giese made a motion to approve the request for a boundary line adjustment from Mark Waite for property located at and north of County Road 306, Buena Vista. Commissioner Holman seconded the motion. On the question, the motion carried 3-0. Agenda Item H Consider a resolution for the Shurbet Minor Subdivision. County Attorney Davis gave an overview of the resolution. The Board held discussion. Commissioner Holman made a motion to approve Chaffee County Resolution Approving The Final Plat For The Shurbet Ranch Minor Subdivision with the notations as described by the County Attorney. Chairman Giese seconded the motion. On the question, the motion carried 3-0. Agenda Item I Consider an amendment to the 2015 Chaffee County Budget. Director of Finance Short gave an overview of the amendment. Discussion was held. Commissioner Potts made a motion to approve Chaffee County Resolution Amending the 2015 Chaffee County Budget as presented by Finance Director Short. Commissioner Holman seconded the motion. On the question, the motion carried 3-0. Page 4 of 8

5 Agenda Item N Consider a request for a renewal of a Hotel and Restaurant Liquor License for Powder Monarch, LLC DBA Monarch Ski and Snowboard Area located at Highway 50, Monarch. Commissioner Holman made a motion to approve the request for a renewal of a Hotel and Restaurant Liquor License for Powder Monarch, LLC DBA Monarch Ski and Snowboard Area located at Highway 50, Monarch. Commissioner Potts seconded the motion. On the question, the motion carried 3-0. The Board recessed at 9:54 a.m. The Board reconvened at 10:00 a.m. Agenda Item J Public Hearing, to consider the 2016 budget for Chaffee County. Chairman Giese opened the Public Hearing at 10:00 a.m. County Finance Director Short gave an overview of the budget. He stated that approval of ballot issue 1A helped a lot with the budget for 2016 and he thanked the voters. Chairman Giese closed the public portion of the hearing at 10:03 a.m. Chairman Giese made a motion to approve Chaffee County Resolution , Resolution Summarizing Expenditures And Revenues For Each Fund And Adopting A Budget For The County Of Chaffee, State Of Colorado, For The Calendar Year Beginning On The First Day Of January, 2016 And Ending On The Last Day Of December, Commissioner Potts seconded the motion. On the question, the motion carried 3-0. Commissioner Potts made a motion to approve Chaffee County Resolution A Resolution Levying General Property Taxes For The Year 2015 To Help Defray The Costs Of Government For The County Of Chaffee, State Of Colorado, For The 2016 Budget Year. Commissioner Holman seconded the motion. On the question, the motion carried 3-0. Commissioner Potts made a motion to approve Chaffee County Resolution A Resolution Appropriating Sums Of Money To The Various Funds And Spending Agencies In The Amounts And For The Purposes As Set Forth Below, For The County Of Chaffee, State Of Colorado, For The 2016 Budget Year. Commissioner Holman seconded the motion. On the question, the motion carried 3-0. Page 5 of 8

6 Agenda Item L Consider a Resolution Extending the Temporary Moratorium for New Permits or Licenses Related to Medical Marijuana Cultivation Premises and Infused Products Manufacturing in Unincorporated Chaffee County (Applications and Licenses with Respect to Certain Existing Marijuana Establishments are Excepted). County Attorney Davis gave an overview of the resolution. Chairman Giese made a motion to approve Chaffee County Resolution A Resolution Extending The Temporary Moratorium For New Permits Or Licenses Related To Medical Marijuana Cultivation Premises And Infused Products Manufacturing In Unincorporated Chaffee County (Applications And Licenses With Respect To Certain Existing Marijuana Establishments Are Excepted). Commissioner Potts seconded the motion. On the question, the motion carried 3-0. Consent Agenda: Report from the County Clerk for November, 2015 Pay Bills Commissioner Holman made a motion to approve the Consent Agenda. Commissioner Potts seconded the motion. On the question, the motion carried 3-0. The Board recessed at 10:11 a.m. The Board reconvened at 10:18 a.m. Agenda Item K Public Hearing to consider an ordinance extending the temporary ban on certain retail marijuana establishments in unincorporated portions of Chaffee County, including Industrial Zones, subject to certain exceptions. Chairman Giese opened the Public Hearing at 10:18 a.m. and swore in those who spoke. County Attorney Davis gave an overview of the ordinance Michael Scott, 965 W 3 rd St., Salida asked for clarification on whether the proposed ordinance affected an earlier resolution. County Attorney Davis stated that the resolution Mr. Scott referred to was a resolution regarding medical marijuana facilities that allowed transfer between medical and recreational licensure and allowed expansion of the ones that were already licensed and it did not need to be referenced in this particular ordinance which dealt with recreational marijuana facilities. Page 6 of 8

7 Commissioner Holman asked if all of the questions they had on the topic were answered before the ban expired, could the Commissioners lift the ban earlier than indicated in the ordinance. County Attorney Davis stated they could. The Board held discussion. Chairman Giese made a motion to approve Chaffee County Ordinance For the Purpose Of Extending The Temporary Ban On Certain Retail Marijuana Establishments In Unincorporated Portions Of Chaffee County, Including Industrial Zones, Subject To Certain Exceptions. Commissioner Holman seconded the motion. On the question, the motion carried 3-0. Agenda Item M Consider road dedication from County Road 301 to potential Colorado Parks and Wildlife property. Commissioner Giese gave an overview of the request. David Kelly, Chaffee County Economic Development, stated there was already an easement across the tracks. George Monsson, Special Counsel for Railroad Crossings working on behalf of Chaffee County, stated that it may be a private crossing and if that was the case it would still need to go through Union Pacific to make it a public crossing. Mr. Kelly stated it was a private crossing. Discussion was held on the topic. Chairman Giese made a motion to have staff compose a letter stating that the County would be willing to enter into an agreement with the Department of Corrections for a 60 foot dedicated easement for the road yet to be named that goes from County Road 301 to potential Colorado Parks and Wildlife property, with no seasonal maintenance. Commissioner Potts seconded the motion. On the question, the motion carried 3-0. Old Business: County Road 302 Cleora Railroad Crossing County Project Status Report Page 7 of 8

8 Commissioner Potts made a motion to authorize the payment of $ for Cleora Crossing and $ for the County Road 389 Crossing to Union Pacific. Commissioner Holman seconded the motion. On the question, the motion carried 3-0. Commissioner Holman made a motion to adjourn the Board of Commissioners Meeting for December 15, Commissioner Potts seconded the motion. On the question, the motion carried 3-0. The meeting adjourned at 11:09 a.m. Attest: Lori Mitchell, County Clerk Page 8 of 8

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