Following the Pledge of Allegiance, Chairman Giese opened the meeting at 9:07 a.m.

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1 Commissioners Meeting February 12, 2013 The regular meeting of the Board of Commissioners was held on Tuesday, February 12, 2013 in the Commissioners Meeting Room at the Courthouse. Board members present were Chairman Dennis Giese and Commissioner Frank Holman. Commissioner Dave Potts was absent. Others present were Director of General Administration Robert Christiansen, Director of Finance Dan Short, County Development Services Director Don Reimer, County Attorney Jenny Davis and Deputy County Clerk Brenda Jennings. Following the Pledge of Allegiance, Chairman Giese opened the meeting at 9:07 a.m. Verification of Distribution of the Board of Commissioners Agenda s Chairman Giese asked Deputy Clerk Jennings for verification regarding the distribution of the Board of Commissioners Agendas. Deputy Clerk Jennings stated that the agendas were properly distributed. Items for Review Public Notices. Minutes for Review Minutes of January 8, 14 and 15, 2013 meetings and Special Meeting February 5, Commissioner Holman made a motion to approve the minutes. Chairman Giese seconded the motion. On the question, the motion carried 2-0. Public Comment There was none. Agenda Item A Hearings and consideration of recommendations from the January 29, 2013 Planning Commission Meeting. a. Zoning Map Amendment Applicant - Xcel Energy/Public Service Company of Colorado The property is located in the NE ¼ Section 9, Township 49N, R8E, N.M.P.M., Poncha Springs and zoned Residential. The request was to change the present Residential Zoning to a Commercial Zone for an expansion of an existing 115kV electric substation. A portion of the property is currently zoned Commercial. The request will rezone the remaining 2.8 acres to Commercial. Chairman Giese opened the Public Hearing at 9:11 a.m. Page 1 of 9

2 Commissioner Holman stated his family owned property adjoining this property. Therefore, he felt there could be a conflict. Chairman Giese inquired if the applicant or anyone that was an opponent or a proponent for this issue had an issue with Commissioner Holman being an adjacent property owner. Kelli Bell, 1800 Larimer Street, Denver, representing Xcel Energy, stated that they did not have a problem with Commissioner Holman being an adjacent property owner. County Development Services Director Reimer gave an overview of the request. Ms Bell gave a PowerPoint presentation and an overview of the project. Ken Teter, 543 True Avenue, Poncha Springs, stated his concerns regarding the retention pond. Ms Bell addressed Mr. Teter s concerns regarding the retention pond. Danny Pearson, 1800 Larimer Street, Denver, representing Xcel Energy, gave further clarification regarding the retention pond. Discussion was held on the topic. Mary Verhoeven, 723 True Avenue, Poncha Springs, stated she was concerned that this project would take away from the area s scenic byway. Ms Bell stated that the newer substations were more streamed lined and less bulky. They were trying to keep everything in one location. Poncha Springs Town Administration Jerry LeStrange, 230 Burnett Avenue, Poncha Springs, stated the Town of Poncha Springs concerns, which included devaluation of property values, shielding and annexation scenarios. Ms Bell stated that Xcel Energy would be willing to work with the Town of Poncha Springs on these issues. Cristin Cochran, 1800 Larimer Street, Denver, representing Xcel Energy, stated that the fencing needed to be some-what see-through for the County Sheriff to patrol the property. She stated that their appraiser stated that the new power lines would not affect property values. The Board held discussion on the topic. Page 2 of 9

3 Ms Bell and Ms Cochran stated that they had not pursued annexation because they did not require any services that would benefit them from annexing. At their level, they could not make a commitment to annexing. Ms Verhoeven stated that Xcel Energy did not need their services, but they were going to be using their irrigation ditch. Ms Bell stated that she believed the ditch was privately owned. Jim LaRue, West U.S. Highway 50, Salida, stated that the ditch was not the Ouray Ditch, but the seep ditch that ran along the bottom of the hill that went to the fairgrounds. Poncha Springs Town Administration LeStrange stated he would like to reiterate that if they were willing to work with the Town, the Town was willing to work with them. Chairman Giese closed the Public Hearing at 9:59 a.m. County Attorney Davis gave an overview of the draft resolution, approving the rezoning of 2.87 acres of a 5.50 acre parcel on U.S. Highway 50, immediately west of Poncha Springs from Residential to Commercial. Commissioner Holman made a motion to approve Resolution , approving the rezoning of 2.87 acres of a 5.10 acre parcel on U.S. Highway 50, immediately west of Poncha Springs from Residential to Commercial. Chairman Giese seconded the motion. On the question, the motion carried 2-0. b. Special Land Use Permit Applicant - Xcel Energy/Public Service Company of Colorado The property is located in the NE ¼ Section 9, Township 49N, R8E, N.M.P.M., Poncha Springs. The property is zoned Commercial/Residential, Rural Suburban. The request is to construct 230 kv overhead electric transmission line. Chairman Giese opened the Public Hearing at 10:06 a.m. County Development Services Director Reimer gave an overview of the Special Land Use Permit. Cristin Cochran, 1800 Larimer Street, Denver, representing Xcel Energy, presented a PowerPoint presentation and gave an overview of the project. Page 3 of 9

4 Rick Ediger, 700 Hoover Circle, Poncha Springs, thanked Xcel Energy for their compromise from their original plan. Mary Verhoeven, 723 True Avenue, Poncha Springs, felt that this was going to affect her livelihood and her property value. She was now going to be looking at two poles instead of one. Jim LaRue, West U.S. Highway 50, Salida, thanked Xcel Energy for their consideration of his irrigation season. He stated, as the lessee of the Hoover Ranch, the location worked pretty good for everybody. Chairman Giese asked about the easements that Xcel still needed. Xcel Representatives Kelli Bell and Cristin Cochran stated that they were going to start working on the easements as soon as the application was approved. Chairman Giese closed the Public Hearing at 10:33 a.m. Discussion was held on the topic. Commissioner Holman made a motion to direct County Attorney Davis to prepare the resolution to be approved at the next meeting on February 19 th. Chairman Giese seconded the motion. On the question, the motion carried 2-0. Commissioner Holman stated that he appreciated all the work that the Planning Commission and County Development Services Director Reimer did on these projects and that when the Board received their packets, the actions were well thought out and that it made the Board s jobs easier. Chairman Giese agreed with Commissioner Holman s comment. Agenda Item B Chaffee County Commissioners sitting as Board of Health - ISDS Violation Las Ollas, LLC - Timothy Buchanan and Elaine Spencer Marr The property is located at 1718 Holman Avenue, Salida. Chairman Giese opened as the Board of Health at 10:39 a.m. County Development Services Director Reimer gave an overview of the violation. Attorney Bill Smith, 222 ½ F Street, Salida, representing the applicant, stated that his client had received approval from the City of Salida to connect to the city sewer. Page 4 of 9

5 Chairman Giese stated that the ISDS Violation had been resolved because of the agreement with the City of Salida for a sewer hook-up. Chairman Giese Closed as the Board of Health at 10:42 a.m. Agenda Item C Special Land Use Permit Applicant - Elaine Spencer Marr and Elliott Paul Moore - The request is to place a manufactured home in a residential zone. The property is located at 1718 Holman Avenue, in the NW ¼ SE ¼ Section 6, Township 49 North, Range 9 East, N.M.P.M., Salida, in a Residential Zone. County Development Services Director Reimer gave an overview of the Special Land Use Permit. Commissioner Holman made a motion to direct County Attorney Davis to draft a resolution to be approved at the next meeting February 19, Chairman Giese seconded the motion. On the question, the motion carried 2-0. Agenda Item D Consider a request for a Medical Marijuana Business License from Merrifield Greenhouse, Inc. County Development Services Director Reimer gave an overview of the request. He also asked for clarification of ownership. Glen Merrifield, County Road 343, Buena Vista, stated that J & C and Fremont County Cannabis were one and the same companies. He stated that they were hoping that with all the new rules and regulations coming into effect soon, they would be able to license their own grow independently and not have to be tied to a center. Commissioner Holman made a motion to approve renewal of the existing license for Merrifield Greenhouse, Inc. with no changes. Chairman Giese seconded the motion. On the question, the motion carried 2-0. Agenda Item E Request from Glen Merrifield for a 2 year extension for the Charlotte Hot Springs PUD. County Development Services Director Reimer gave an overview of the request. Glen Merrifield, County Road 343, Buena Vista, stated that there had be progress made but in small steps. County Attorney Davis presented the draft resolution, approving an extension for initial phase completion of the Charlotte Hot Springs PUD Plan. Page 5 of 9

6 Commissioner Holman made a motion to approve Resolution , approving an extension for the initial phase completion of the Charlotte Hot Springs PUD Plan. Chairman Giese seconded the motion. On the question, the motion carried 2-0. Agenda Item F Consider a request for a fee waiver for a Special Events Permit from the Chaffee County Running Club for the Run Through Time Marathon/Half-Marathon. Carl Koecher, 215 Cottonwood Circle, Salida, gave an overview of the request. Commissioner Holman made a motion to waive the $150 fee for this event as it does create business and it brings money into Chaffee County. Chairman Giese seconded the motion. On the question, the motion carried 2-0. Agenda Item G Discussion regarding Fairgrounds Facility Lease Agreement with Valley High Rollers. Chaffee County Fairgrounds Manager Jim Mick gave an overview of the Lease Agreement with Valley High Rollers. Commissioner Holman made a motion to approve the lease with Valley High Rollers. Chairman Giese seconded the motion. On the question, the motion carried 2-0. Agenda Item H Open and possible bid award regarding lawn and landscaping, maintenance for the Chaffee County Administration, Judicial and Detention Center. Chairman Giese opened one bid regarding lawn and landscaping, maintenance for the Chaffee County Administration, Judicial and Detention Center. The bid was from Sean Cribari, Salida, for $1,000 for 6 months. Commissioner Holman made a motion to direct County Attorney Davis to prepare a document to accept Sean Cribari s bid. Chairman Giese seconded the motion. On the question, the motion carried 2-0. Agenda Item I Discussion regarding County s position on Amendment 64. County Attorney Davis gave an update on Amendment 64. Page 6 of 9

7 The Board held discussion on this topic. Chairman Giese directed staff to prepare a Resolution to opt-out of the licensing for grow and sales of recreational marijuana in un-incorporated Chaffee County. Commissioner Holman agreed with Chairman Giese. Count Attorney Davis stated that she assumed that she should work to clarify the zoning as well. Agenda Item J Consider reaffirming procedure for executing County contracts. County Attorney Davis gave an overview of the reaffirming procedure for executing County contracts. She presented the draft resolution, declaring County Policy for the processing and executing of contracts. Discussion was held on the topic. Commissioner Holman made a motion to approve Resolution , declaring County Policy for the processing and execution of contracts. Chairman Giese seconded the motion. On the question, the motion carried 2-0. Agenda Item K Hill Ranch Re-Vegetation Proposal. Chaffee County Weed Manager Larry Walker gave an overview of the Hill Ranch Re- Vegetation Proposal. Discussion was held on the topic. Agenda Item L Consider appointments to the following Boards: 2 members to the Chaffee County Heritage Area Advisory Board. 1 member to the Chaffee County Heritage Area Advisory Board from the Ranching Community. 4 members to the Chaffee County Fair Board. 2 members to the Agricultural Land Use Conflict Resolution Program. 2 members to the Chaffee County Board of Review. 1 member to the Chaffee County Visitors Bureau. 1 member to the Board of Adjustment and 1 member as associate member. 3 members to the Chaffee County Planning Commission. 1 member to the Airport Commission. Page 7 of 9

8 1 member to the Salida Regional Library Board. 1 member to the Northern Chaffee County Library District. The Board discussed the following board appointments. Heritage Area Advisory Board - 2 positions were expiring and 1 position was appointed. The Fair Board - 3 positions were expiring and 1 position was appointed. The Right to Ranch Mediation Panel-Member Pool 2 positions were expiring. The Board of Review 2 positions were expiring. The Visitors Bureau 1 position was expiring. The Board of Adjustment 1 position was expiring and one position was appointed. The Planning Commission 2 positions were expiring and 1 was left vacant bringing the Planning Commission Members from 9 members to 7 members. The Airport Board 1 position was expiring. The Salida Regional Library 1 position was expiring. The Northern Chaffee County Library District 1 position was expiring. No official action was taken on Agenda Item L. The Board however did make a motion regarding the number of Planning Commission Members. Chairman Giese made a motion to cover the resolution for the appointment of the members of the Planning Commission as we discussed to go from 9 to 7 members. Commissioner Holman seconded the motion. On the question, the motion carried 2 0. Consent Agenda Ratify the HUTF Annual Survey and Contact Update. Ratify Catastrophic Inmate Medical Insurance. Ratify Engagement Letter with Dean Heizer for review of Met Life Issues. Renewal of ambulance service and vehicle licenses for Renewal application for Wapiti Inc., dba Coyote Cantina, Highway 24 and 285, Buena Vista, for a Hotel and Restaurant Liquor License. Report from the County Veteran s Service Officer for the month of January Pay bills. Page 8 of 9

9 Commissioner Holman made a motion to approve the Consent Agenda. Chairman Giese seconded the motion. On the question, the motion carried 2-0. Old Business County Road 302. Cleora Railroad Crossing. Geothermal 1041 Regulations. The Board recessed at 12:20 p.m. Chairman Giese reconvened the meeting at 1:00 p.m. Agenda Item M Update from Attorney George Monsson regarding proposed Cleora Crossing. Attorney Monsson gave an update regarding Cleora Crossing. Discussion was held. There being no further business to come before the Board, the meeting adjourned at 1:36 p.m. Attest: Joyce M. Reno Chaffee County Clerk Page 9 of 9

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