RICO TOWN BOARD MINUTES

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1 706 RICO TOWN BOARD MINUTES June 17, 2015 The Regular Town Board meeting was called to order at 7:06 p.m. by Mayor Gregg Anderson. Members Present. Gregg Anderson, Barbara Betts, Joe Corey, David Kunz, Gary Reid and Genevieve Yellowman. Staff Present. Sara Cuomo, Dennis Swank, Marti Whitmore and Linda Yellowman. Absent was Michael England. Guests Present. Gary and Debra Vandergriff, David Berry, James Gregg, Monique Bensett, Nicole Pieterse and Jim Whitmore. Town Board Appointment: Zack McManus and Genevieve Yellowman. Barbara Betts made a motion to appoint Zack McManus and Genevieve Yellowman for Town Board and seconded by Gary Reid. All voted in favor. Oath of Office was administered to Zack Mcmanus and Genevieve Yellowman. Approval of the Agenda. The agenda for June 17, 2015 was presented for approval. David Kunz made a motion to approve the agenda as submitted for June 17, 2015 and seconded by Barbara Betts. All voted in favor. Approval of the Minutes. The Rico Town Board minutes for April 15, 2015 were presented for approval. Joe Corey made a motion to approve the minutes for April 15, 2015 as submitted and seconded by Gary Reid. All voted in favor. Approval of the Monthly Bills. The Monthly Bills for June 2015 were submitted for approval. Barbara Betts made a motion to approve the bills for June 2015 and seconded by David Kunz. All voted in favor. Approval of the Treasurers Report. The Treasurers Report for May 2015 was presented for approval. David Kunz made a motion to approve the Treasurers Report for May 2015 and seconded by Barbara Betts. All voted in favor. Public Comment. None. Parks & Recreation. Ms. Cuomo reports she has been working with Rico Librarian Susan Robertson to add a recreational activity for the kids at the weekly Summer Reading Program she conducts over the summer. This year s theme is Every Hero Has a Story and the first week will focus on Kid Heroes. It begins on June 17 th and Ms. Cuomo will take the kids to local businesses to place decorated cans for donations to the humane society following their reading with Mrs. Robertson. Ms. Cuomo stated she met with Deanna Drew and discussed some of the files on the computer and how she can continue to build on the work that she already established for this

2 position. Mrs. Drew had a lot of valuable information and she will look forward to using her as a resource. Ms. Cuomo mentioned that she met with Michael England and discussed what else she can do to expand on this position. It was decided to focus mainly on getting a question ready for the ballot in November, property research for permission to groom trails and the town cleanup coming up in the next month. It was decided on July 18 th and the town has already secured the dumpsters for both metals and waste. Ms. Cuomo is hoping to be attending a Rico Center meeting in June to learn more about what they do and how she can become involved with them in this position. She is also hoping to be attending a Rico Women s Club meeting and visiting with the Historical Society in order to determine what the town can collaborate on for this position. Town Attorney. Marti Whitmore reports she has filed a Reply Brief in the O Grady lawsuit and the Motion to Dismiss is now waiting for the judge to rule or schedule a hearing. Mrs. Whitmore has been contacted by the attorney for a person who claims an interest in the Rico Renaissance properties distribution which has the potential to add additional issues to the litigation and any settlements involving the river corridor and access. Mrs. Whitmore stated she is working on ballot language for a mill levy question for the 2015 ballot. The Board will need to review and determine whether to approve for the ballot at the July meeting. A variance application is on the agenda for the June meeting and a special use application will be on the agenda for the July meeting. Mrs. Whitmore is hoping to have ordinance language for review at the July meeting. Town Clerk. Town Clerk Linda Yellowman reports in regards to the coordinated election in the November 3, 2015 General Election, the Town has to notify he County Clerk by July 24, 2015 that the Town wants to participate in the coordinated election. The Town has to sign an intergovernmental agreement with the County Clerk by August 25, The County Clerk has to have the ballot language by September 4, Regarding Proof of Publication, Telluride Newspaper is not able to give the Town proof of publication because legal notices are not run in the Watch and they can t actually prepare a proof of publication by law. Their proof of publications is for San Miguel County and Rico is in Dolores County. The Town designated the Watch as their legal publication by ordinance. Yet the Town gets billed for $ for a public hearing notice for a variance application to the Planning Commission that the Land Use Code requires and the Town can t get proof of publication instead they sent a tear sheet (a clipping from the newspaper). I m wondering if the Town should amend the ordinance and consider finding another newspaper for legal notices and get proof of publication? The recommendation letter from CIRSA was submitted to the Town Board. 707

3 Public Works. Dennis Swank reports the wood pile south of the town shop is getting out of control with people dumping trash and among other things. Mr. Swank asked the Board if the Town wants to keep it open or close it down. It was briefly discussed and the Board suggested putting No Trespassing signs up. One water leak on Soda and Commercial Street, a six inch water line broke, the Town had to cut out some of the old line to repair it. A leak on Commercial and King Street is turn off for repairs. Working on some meter leaks and some residents having problems with their water line to their house, put a temporary water line to the house. Worked on Town streets fixing pot holes and doing some grading. Helped Telluride Gravel put in new water lines on Commercial, Campbell and River Street. Starting to clean up the Town Park and checking all playground equipment and put some new spindle on the Town lawn mower. The Rico Fire Department is seeking prize donations for the 12 th Annual Duck Races and to see if the Town wants to help out. After some discussion the Board agreed to donate two for dinner with the Mayor at the Enterprise Bar and Grill. Town Manager. Town Manager Michael England s report was submitted. Telluride Gravel started work on the water project on April 13, They have installed approximately 640 of new 6 C-900 PVC waterline. Due partly to the weather, they were not able to work as anticipated, so they not moving forward at the rate as expected. We are now working from the north end of River Street, going south toward Mantz Street. Then will be turning east on Mantz Street and boring under the highway, continuing east up Mantz Street. Judy Schaefer has completed the mass list that the Town will be using for information purposes notifying citizens when known water outages in certain areas will be conducted. We met on site with CDOT representatives regarding the State Highway bore portion of the project. The town has completed the CDOT Permit and it has been approved, signed and returned by CDOT. They did find one large leak on South Commercial Street during the replacement of the waterline, which amounted to approximately 10 gallons per minute. This may not sound like a lot of water, but over a 24 hour period it amounts approximately 14,400 gallons per day or 432,000 gallons per month. Our unaccounted water loss for this past month was at 80% or 1,226,000 gallons. The total amount of water filtered/pumped was 1,531,000 so we are already making noticeable improvements on the amount of treated water lost per month. Mr. England has also been working with the Town Attorney Marti Whitmore on the pending lawsuit and also a Variance Application and a Special Use Permit that will be coming forward for the Board s review. Board of Trustees. Joe Corey apologizes to the Board for missing the May meeting. Geothermal Committee. Barbara Betts gave a brief report and mentioned a meeting on July 28, 2015 from 6:30 pm to 8:00 pm. at the courthouse. 708

4 709 Old Business. None. New Business. Item 1. Ratification of Planning Commission Appointments Made in May Barbara Betts made a motion to appoint Mary Hagan and Genevieve Yellowman to the Planning Commission. Seconded by Gary Reid. All voted in favor with Genevieve Yellowman abstaining. Item 2. BOARD of ADJUSTMENT- Public Hearing: Review and Approve an Application by Gary L. & Debra K. Vandergriff for a Variance from the Setback Requirement of the Rico Land Use Code. Town Planner Marti Whitmore reports this application is for short term rental of the property at 5 River Street owned by John and Stacy Bundy. The applicants propose to rent the property through a property management and vacation rentals company with an office in Telluride. The company, Vacasa, has a Telluride representative Joe Schmidtbauer, who will be in charge of all the operations related to management of the property and short term rentals of the property. Vacasa handles reservations, housekeeping services and garbage collection. According to the applicants, the contract with Vacasa calls for a quiet hours policy form 9:00 pm to 7:00 am and the Good Neighbor Policy is reviewed with each quest. The standard of review for a special use permit is stated in Section 428 of the Rico Land Use Code. A special use permit may be granted subject to terms and conditions, including duration, hours of operation, required visual screening, required off-street parking, limitations of use, required on-site and off-site mitigation and fees, payments or improvements necessary to provide adequate public services or infrastructures (Section 426.4). Public Hearing was opened for comments. Letters by were submitted with no objections. With no further discussion, the public hearing was closed. The 4 proposed conditions are: 1. Applicants will maintain a contract for property management services with a local representative available to respond to emergencies or disturbances within an hour. Contact information for the local representative shall be kept current with the Town and shall be available to local law enforcement as well as Town Officials. 2. Parking shall be limited to two off-street parking spaces or as off-street parking may be expanded by the Applicants. 3. Applicant shall be responsible for ensuring that the property use is not a nuisance and that tenants are in reasonable compliance with all Town Ordinances and land use code regulations. 4. The special use permit shall be valid for a period of one year from the date of approval by the Board of Trustees with potential extensions of five years periods which may be granted by Town staff. Applicant may apply for an extension after the first year and the initial five-year extension may be granted by Town staff if the applicants are in compliance with the conditions of this special use permit. If the Town staff does not believe the property is in compliance with this special use permit, applicant may request review of an application for extension of the special use permit by the Planning Commission and the Town Board of Trustees. Zack McManus made a motion to approve an Application by Gary L. & Debra K. Vandergriff for a Variance from the Setback Requirement of the Rico Land Use Code with the 4 proposed conditions. Seconded by Joe Corey. All voted in favor

5 Item 3. Discuss Ballot Issue for Parks and Recreation for November Election. Discussion was held regarding the mill levy, cost of election and the availability of other grants with Rico Centers assistance. After some discussion, Barbara Betts suggested to the Board to wait until November 2016 to do a ballot issue for Parks and Recreation. This will give the Town time to get prepared and campaign to the voters about raising the mill levy for this program. David Kunz made a motion to wait until 2016 to do a ballot issue. Seconded by Barbara Betts. All voted in favor. Gregg Anderson asked if the town should write a letter to the Forest Service to keep the trail open near Lizard Head Pass. David Kunz offered to write the letter and the Mayor will sign it. Gregg Anderson made a motion to have the Town write a support letter to the Forest Service and seconded by Zack McManus. All voted in favor. Joe Corey made a motion to adjourn the meeting at 8:45 p.m. and seconded by David Kunz. All voted in favor. 710 Linda Yellowman Rico Town Clerk Gregg Anderson Mayor

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