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GUNNISON COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MINUTES JULY 16, 2001

The July 16, 2001 Board of Commissioners meeting was held in the Commissioners Meeting Room at the Courthouse. Present were: Fred Field, Chairperson Jim Starr, Vice-Chairperson Perry Anderson, Commissioner John DeVore, County Manager Kelly Balch, Administrative Assistant Other staff as listed in text CALL TO ORDER: Chairperson Field called the meeting to order at 8:30 a.m.

MINUTES APPROVAL: Moved by Commissioner Starr, seconded by Commissioner Anderson to approve the June 19, 2001 Public Hearing Minutes, as amended. Motion passed unanimously. Moved by Commissioner Starr, seconded by Commissioner Anderson to approve the July 3, 2001 Regular Meeting Minutes, as amended. Motion passed unanimously. FOLLOW-UP ACTION LEDGER: action ledger. The Board reviewed and updated the follow-up

HEALTH CARE CENTER FOOD SERVICE: Les Layman, Ersun Ozer, and Jackie Devos of Sodexho Marriott Services met with the Board in response to concerns regarding food service at the Gunnison Health Care Center. The Board had sent a letter to Marriott on June 19, 2001 regarding this issue, and requested todays meeting as a follow-up. Les Layman, Sodexho Marriott District Manager, reported that weekly meetings have been held with staff, residents, and interested family members to discuss the types of changes needed in the food service. He is committed to working out the problems that have been identified. Jackie Devos has been splitting her time between food service at the Hospital and at the Health Care Center, with night and weekend supervisors being put into place at both locations. She summarized numerous menu, procedural and environmental changes that have been implemented at the Health Care Center. The Board agreed that the changes appear to be positive, and suggested a follow-up meeting in ninety days to review the status at that point. COUNTY MANAGER CONTRACT: County Manager DeVore requested a date change to his contract which the Board reviewed recently in work session. He is now requesting that his contract be extended to June 30, 2005, rather than December 31, 2004, so that he will be available for the transition to a new County Manager during the period following the election for two Commissioner positions. Formal consideration of the contract will be scheduled on the August 7 agenda. EXTENSION AGENT: County Manager DeVore reported that Extension Director Kim Fabrizius has requested Board consideration of special State funding which would help the County bring a current half-time agent position to a full-time position. The County would be required to provide a match of $4500 to $4700 per year. Chairperson Field stated that he would like to discuss this request further with Ms. Fabrizius, as well as get comments from the Extension Advisory Committee, prior to making a decision. SCHEDULING: Upcoming miscellaneous meeting dates were discussed. A meeting was scheduled with the County GIS Coordinator to discuss computer modeling for the statutorily required County Commissioner re-districting. CORRESPONDENCE: Correspondence included in the Boards packets was reviewed. RECORDS RETENTION POLICY: County Manager DeVore reported that the Board adopted a records retention policy in 1998. Due to a new statute requiring the
Gunnison County Board of Commissioners Minutes of July 16, 2001 Approved by BOCC 8-7-01

recording of some executive sessions and the keeping of those tapes for 90 days, he is recommending that an amendment to the records retention policy be adopted accordingly. The amendment would require that recordings of the appropriate executive sessions will be maintained for 90 days, and destroyed on the 91st day. Moved by Commissioner Starr, seconded by Commissioner Anderson to modify our records retention policy as set forth in the document dated 7-16-01, a memo from the Board to all department heads and elected officials, and that we authorize execution of that document. Motion passed unanimously. FIRE BAN: County Manager DeVore stated that the possible fire ban listed on the agenda is not needed at this time. LOT 22 FINANCING OPTIONS: County Manager DeVore stated that two proposals have been received from local banks regarding financing of Lot 22 Gunnison Center Properties. One bank has requested an extension of the deadline for proposals to 5 p.m. today. The Board agreed to extend the deadline and all proposals will be opened at the same time. HOUSING AUTHORITY: Chairperson Field recessed the Board meeting and called to order a meeting of the Gunnison County Housing Authority at 9:30 a.m. County Manager DeVore presented a contract for the Section 8 Voucher Program. He stated that the County currently administers 35 vouchers for rental assistance. Moved by Commissioner Starr, seconded by Commissioner Anderson to authorize execution by the Chairperson of the Section 8 Housing Voucher Program contract for the period of time through June 30, 2003. Motion passed unanimously. The Housing Authority meeting was adjourned at 9:50 a.m. and the Board of Commissioners meeting was called back to order. Chairperson Field left the meeting, to return later this morning.

TREASURERS REPORT: County Treasurer Alva May Dunbar was not present. The Board had some questions regarding the interest report provided by her and requested that she be asked to attend the August 7 meeting to discuss those questions. Moved by Commissioner Anderson, seconded by Commissioner Starr to accept the Treasurers Report for June, 2001. Motion passed. PUBLIC HEARING Special Events Liquor License for Crested Butte Land Trust Vice-Chairperson Starr called a public hearing to order at 10:08 a.m., regarding an application from the Crested Butte Land Trust for a special events liquor license. The event is scheduled for August 25. County Clerk Joanne Reitinger was present and reported that this application was properly posted on premise and did not require a legal ad in the newspaper. No members of the public commented on this license application. The public hearing was closed at 10:10 a.m. PUBLIC HEARING New Tavern Liquor License for Outpost Grocery in Crested Butte South Vice-Chairperson Starr called a public hearing to order at 10:12 a.m., regarding a new tavern liquor license applied for by Morgan Cavanaugh for the Outpost Grocery. County Clerk Joanne Reitinger stated that this hearing was properly noticed. She said that the applicant has constructed one building which will be divided into two sections. One section will be the tavern and the other a grocery store. Molly Sloan, Red Mountain Liquors owner, stated that food is required to be served in conjunction with a tavern license and the applicant has not received a food license from the Colorado Department of Health. She recommended that the tavern license be put on hold until the premise is also licensed for food.
Gunnison County Board of Commissioners Minutes of July 16, 2001 Approved by BOCC 8-7-01

Tom Handley, appearing on behalf of applicant Morgan Cavanaugh, reported that there is a food service area in the building. It is designed as a small deli within the grocery area. He added that Mr. Cavanaugh and his family live upstairs in the building, so he does not believe that the operation is intended to be open late at night. Molly Sloan looked at the floor plan of the building and said that the plan including the seating area has not been submitted for approval to the Crested Butte South review committee. County Clerk Reitinger responded that it is typical for a liquor license to be applied for in advance of a business opening, due to the length of the process. She said that it is the licensees responsibility to assure that all applicable requirements are met. If they were to serve liquor under the tavern license without serving food, that would be a violation of the license and sufficient grounds for action. Vice-Chairperson Starr noted the identification of the neighborhood per state liquor licensing regulations, and the acceptance of comments from that defined neighborhood. He acknowledged the comments of those present today as being from the relative neighborhood. He added that the establishment is not within 500 feet of a school. Molly Sloan responded that there is a new preschool being developed about four blocks away. County Attorney Baumgarten was asked to review statutes regarding the definitions of schools for liquor licensing purposes. He did so, and read the statutory definition which defines schools as those serving grades 1-12. Vice-Chairperson Starr asked Mr. Handley if it is the proponents position that the liquor license would meet the reasonable needs of the area. Tom Handley responded that the area is growing, with more full-time residents, and there is only one other place to dine in the area. He added that Morgan Cavanaugh was preparing some petitions in support of his application, but he was called out of town on an emergency before they were finalized. The public hearing was closed at 10:27 a.m. PUBLIC HEARING New Liquor Store License for Cement Creek Spirits in Crested Butte South Vice-Chairperson Starr called a public hearing to order at 10:28 a.m., regarding a new liquor store license applied for by Morgan Cavanaugh for Cement Creek Spirits Corporation. County Clerk Joanne Reitinger noted that this hearing was properly noticed. The location is 228 Elcho Avenue. This is the same building previously discussed for the tavern license above. There will be a liquor store on one end, with the grocery store and tavern on the other, and residential living quarters on the second floor. Tom Handley, on behalf of Morgan Cavanaugh, stated that the area is growing and he believes having a second liquor store in Crested Butte South can create choice and competition beneficial to the community. Molly Sloan, Red Mountain Liquors owner, advised the Board of a regulation adopted by the Colorado Department of Revenue in January of 1999 regarding the undue concentration of licensing. She asked the Board to consider the location of two liquor stores in close proximity. She added that the nearby Cement Creek Tavern also holds a liquor license. She does not believe there is a need for another off-premise license in the area, and submitted a petition with 42 signatures of persons who also agree. She added that the community would be better served by a convenience store. Chairperson Field returned to the meeting.

County Attorney Baumgarten advised the Board that the proximity of licenses is only one factor they may use when considering a new application. The ratio of inhabitants as related to the concentration of stores is one factor. He added that a petition submittal is another consideration, but a petition in one direction and lack of petition in another direction doesnt require the Board to make its decision solely on the petition submitted.

Gunnison County Board of Commissioners Minutes of July 16, 2001 Approved by BOCC 8-7-01

Tom Handley responded that the licensing locations would be in close proximity due to the commercial layout of the subdivision. He added that Mr. Cavanaugh wants to offer more choice and convenience, and his liquor store would be smaller than Red Mountain Liquors. The public hearing was closed at 10:38 a.m. SPECIAL EVENT LIQUOR LICENSE: Moved by Commissioner Anderson, seconded by Chairperson Field to approve a new application for a special events full liquor license for the Crested Butte Land Trust August 25 event. Motion passed. Commissioner Starr abstained. OUTPOST GROCERY TAVERN LICENSE: Moved by Commissioner Starr, seconded by Commissioner Anderson to approve a new tavern liquor license for the Outpost Grocery in Crested Butte South. Motion passed unanimously. CEMENT CREEK SPIRITS LIQUOR STORE LICENSE: Moved by Commissioner Starr, seconded by Commissioner Anderson to approve the new liquor store application for Cement Creek Spirits. Although concerned about the proximity of the two establishments, there is a relatively small commercial area for that subdivision. Given the growing size of that subdivision and the competitive aspect of having two establishments, it is appropriate to grant a license. Motion passed unanimously. Commissioner Anderson commented that competition is within the Boards criteria of review, but a denial can only occur upon certain findings of fact. He does not see any specific finding for denial. PUBLIC HEARING Petition for Waiver of Road and Bridge Standards Submitted by Leslie and Karen Pagone Chairperson Field called the public hearing to order at 10:45 a.m. Public Works Director Marlene Crosby was present. The applicants were represented by attorney Nancy Essex and property owner Dave Davis. Marlene Crosby stated that the hearing was properly noticed. The location of the existing road being discussed is north of Highway 92 (Black Mesa). The petition is requesting waiver of road standards through the 35+ acre parcels referred to as the Pagone Properties. The road is currently seasonal access only. Ms. Crosby reported that neither she nor her staff are familiar with this road and chose not to go on a site visit until after the Board discussed the application today and made comments. Dave Davis added that the Forest Service has an easement on the road through the Pagone Properties; the length of road is less than two miles. Nancy Essex stated that the Pagone Properties have been divided into 35 acre parcels. At the time of that action, the Pagones said they were told that the roads did not need to comply with County standards. Several building permits have been issued and construction has taken place on some of the parcels. Since that time, one property owner applied for a building permit and was told that further permits would not be issued until the road was brought up to appropriate standards. Marlene Crosby noted that the property owners in the Pagone Properties have executed a road maintenance agreement among all lot owners. The maintenance agreement indicates a twenty foot easement width. She also stated that some roads with a Forest Service easement are not open for public access. Nancy Essex responded that the Forest Service has a non-exclusive easement. The public hearing was closed at 10:55 a.m. PAGONE PROPERTIES: Commissioner Starr requested that staff provide a report on the condition of the existing road, any possible wetlands issues, and the width and use of the Forest Service easement. He asked if there could be assurance that if the waiver is granted, there will be no future request for winter plowing. He is concerned with winter emergency access. Dave Davis said that he does not currently intend to do so, but his cabin is only 300 yards up the road and he would like to be able to plow

Gunnison County Board of Commissioners Minutes of July 16, 2001 Approved by BOCC 8-7-01

to it in the future if he wants. Marlene Crosby commented that it would be difficult to winter maintain a road where there is only a twenty foot wide easement. County Attorney Baumgarten noted that the petition for waiver of road standards is on behalf of the owners of six of the eleven parcels. He suggested that the other property owners be given the opportunity to review this proposal and comment as well. Nancy Essex responded that the road waiver should not be adverse to the property owners unless they would rather pay to bring the roads up to county standards. The current situation does not allow them to build without bringing the roads up to standards or obtaining a waiver. Public Works Director Crosby will schedule a site visit and report back to the Board. Due to the short building season, this issue may be scheduled for a special Board meeting prior to the August 7 regular meeting date. General discussion followed regarding how many other similar areas there are in the County. County Attorney Baumgarten suggested that a general policy could be developed for these instances, however, Public Works Director Crosby believes that each area is so different that a general policy would be difficult to create. Chairperson Field stated concern with requiring a road to be improved in excess of the real need. County Attorney Baumgarten and Public Works Director Crosby will work together on some general guidelines. HOSPITAL BOARD: The Board interviewed Debra Morris, Bill Matthews, and Robert Brinkman for one vacancy on the Hospital Board of Trustees. A decision will be made later in the meeting. AIRPORT LAND ACQUISITION: County Attorney Baumgarten reported that special counsel Marlin Opperman is available for consultation regarding airport land acquisition issues. Moved by Commissioner Starr, seconded by Commissioner Anderson that the Board go into executive session with the County Attorney and special counsel Marlin Opperman (via speakerphone) to discuss the acquisition of real property and related discussion with the attorneys. Motion passed unanimously. The Board met in executive session from 12:20 to 1:10 p.m. Chairperson Field called the meeting back to order and reported that during the executive session there had been discussion regarding setting a meeting on July 26th with the Countys counsel and the property owners counsel to discuss the land acquisition. FOREST SERVICE PLAN UPDATE: GMUG Forest Supervisor Bob Storch was present, along with Forest Service Planner Carmine Lockwood and Forest Service Fire Control Officer Steve Marquardt. Carmine Lockwood made a presentation regarding the Forest Plan Revision Process. The Forest Plan was defined as doing the following: 1) Sets goals and objectives; 2) Provides management area direction; 3) Sets up monitoring and evaluation requirements; 4) Designates lands suitable/not suitable for timber production and other management activities; and 5) Makes recommendations to Congress for Wilderness, Wild & Scenic Rivers, and other special designations. The project is in its initial stages and will be completed in four to five years. Although Gunnison County had previously requested that there be a separate plan for the Gunnison National Forest, that will not occur. Each forest will have its own specifics developed but they will all be integrated into one plan. FOREST SERVICE FIRE PLAN: Steve Marquardt summarized the National Fire Plan Implementation. Congress approved 1.8 billion dollars in funding for: 1) Ensuring firefighting resources; 2) Rebuilding communities damaged by fires; 3) Reducing fuels in the urban/wildland interface; and 4) Working with communities to reduce fire risks. Local fuel reduction projects were discussed, as well as additional staffing now available.

Gunnison County Board of Commissioners Minutes of July 16, 2001 Approved by BOCC 8-7-01

BAXTER GULCH: Bob Storch reported that the Baxter Gulch file has gone to the Office of General Counsel, and no response has been returned yet. He believes that they understand the Countys interest in prioritizing this issue, and may be requesting additional information. ROADLESS AREAS: Bob Storch stated that the Roadless Areas designations are on hold; a new scoping period will begin on the proposed rules. HIGHWAY 135 TRAFFIC STUDY FOR HAUSLER PROJECT: Gary Hausler discussed his recent meeting with Colorado Department of Transportation (CDOT) staff regarding the intersection of Highway 135 and County Road 11 as related to his Bonanza Development proposal. He has also obtained an estimate from a traffic consultation company for a necessary traffic study for that intersection. He asked the County to consider cost sharing in that study, because there are existing traffic issues at and in the area of that intersection. He added that there are State funds available for traffic studies, but those funds would have to be secured by the County. He also mentioned that there are difficulties with a school bus stop in that area. Chairperson Field asked if the School District would help fund the study due to bus stop concerns. Discussion ensued regarding the scope of the study to be performed. Gary Hausler is concerned with being required to pay for a study in the broader area north and south of the County Road 11 intersection. Commissioner Starr suggested that staff check into possible funds available for the traffic study, and the scope of work needed. He said that if the County were to decide to commission a traffic study for a broader area, Mr. Hausler would need to provide a contribution toward it. Public Works Director Crosby will obtain the information requested. HOSPITAL BOARD APPOINTMENTS: Moved by Chairperson Field, seconded by Commissioner Anderson to appoint Bill Matthews to the Hospital Board for the term expiring January, 2006. Motion passed unanimously. PLANNING COMMISSION APPOINTMENT: Moved by Commissioner Anderson, seconded by Commissioner Starr to appoint Tom Stoeber to the regular position on the Planning Commission vacated by Sarah Trees, for a term expiring January, 2003. Motion passed unanimously. The Board directed that the resulting alternate vacancy by re-advertised. SPRING CREEK RESORT LAND USE CHANGE: Planner Neal Starkebaum presented and reviewed the Planning Commissions unanimous recommendation of approval for the Spring Creek Resort preliminary plan application to convert the use of the existing resort, and to create six new single-family lots. Applicants Ron and Dee Pflumm were present, along with their representative Dave Foley. Neal Starkebaum stated that the Planning Commission and staff believe that all of the conditions itemized at Sketch Plan have been met. Dave Foley noted that there had been particular concern with the location of septic systems and wells for each lot. Those locations have now been worked out. Ron Pflumm stated that the existing cabins which will no longer be used are going to be sold, torn down, or moved as soon as possible. Commissioner Starr asked about the location of a ditch that must be relocated. Neal Starkebaum showed the location and stated that all Axtell ditch right owners were notified and consented to this change. Neal Starkebaum noted that one Planning Commission condition was inadvertently left out of the recommendation. He requested that condition #14 be added, as follows: The applicant shall investigate the feasibility of installing a dry hydrant system in Spring Creek. The results of this investigation shall be reviewed by the Gunnison Valley Fire Protection District and submitted with the Final Plan. Moved by Commissioner Starr, seconded by Commissioner Anderson to approve the Preliminary Plan for the Spring Creek Resort Development Subdivision, Land Use Change #1997-24 as set forth in the Planning Commission memo resulting from their meeting of June 1, 2001, with the addition of Condition #14 as previously stated. Motion passed unanimously.

Gunnison County Board of Commissioners Minutes of July 16, 2001 Approved by BOCC 8-7-01

MT. CRESTED BUTTE SITE APPLICATION: County Manager DeVore distributed and reviewed a proposed letter to Mt. Crested Butte Water and Sanitations attorney, Rufus Wilderson, regarding the payment of technical assistance obtained by Gunnison County for review of the wastewater treatment plant site application. County Attorney Baumgarten prepared an attachment to the letter, outlining the authority for the Countys requirement that the applicant pay consultation fees. The Board requested that the letter be amended to require a specific date of response. The letter was revised and signed later in the meeting. DOE INSTITUTIONAL CONTROLS: The Board held a work session with Department of Energy (DOE) personnel on July 13, regarding the institutional control program and a requested scientific study. County Attorney Baumgarten advised the Board of existing County requirements for properties to tie-in to the Dos Rios water system. This includes what was required of Dos Rios property owners when the water system was created in the early 1990s, and current LUR language requiring properties within 400 feet of a community system to connect to it. County Manager DeVore advised DOE today that there may be capacity in the Countys current water system to serve the area proposed for institutional controls, but water lines are not installed throughout the area. He feels that DOE should be asked to fund the expansion of the water system to serve all properties within the institutional control area. Discussion ensued regarding the proposed boundary of institutional control. The Board wants to assure that the boundary is defined according to scientific data for the protection of the publics health and welfare. CHAIR MOUNTAIN RANCH SUBDIVISION COVENANTS: Planning Director Joanne Williams presented a request for the amendment of covenants at the Chair Mountain Ranch. This subdivision was approved in the late 1970s. The current property owners developed and agreed upon the proposed revisions, which are intended to clarify association issues and comply with County regulations. She recommended approval of the requested changes. The Board agreed, and asked that a resolution be prepared for this purpose. OHIO CITY POST OFFICE: Kathy Ashwood of the Historic Preservation Commission and Lynn from the Gunnison Post Office appeared under unscheduled citizens. At the last Commissioners meeting, it was agreed that the mailboxes in Ohio City could be moved to the historically-designated Ohio City Jail property owned by the County. This would require a public hearing of the County Historic Preservation Commission for alteration of the designated site. The public hearing was scheduled for July 19, however, the newspaper did not run the legal notice last week. County Attorney Baumgarten suggested that the legal notice be run this week on July 19 th, and that the public hearing be held on that date and then continued for one week to meet the legal requirements. Chairperson Field confirmed with the Gunnison Country Times that the public notice could be sent in today in time to appear in this weeks paper. Kathy Ashwood will proceed in the manner discussed. LOT 22 FINANCING OPTIONS: County Manager DeVore summarized the four loan proposals received for Lot 22 in the Gunnison Center Properties. They were from: Wells Fargo, Community First National Bank, Community Banks of Colorado, and Gunnison Savings and Loan. The amount to be financed is $490,000. The similarities and differences of the loan proposals were reviewed. The Board agreed to proceed with the lease/purchase proposal submitted by Community First National Bank. The interest rate is 4.7% calculated on a five year period before restructuring, and debt payments are based on a twenty year amortization. Closing costs are included within the amount to be financed. Payments will begin January, 2002 and will be due twice per year. The bankruptcy court will be asked to approve having Community First purchase the property and lease it back to the County. Moved by Commissioner Starr, seconded by Commissioner Anderson to authorize acceptance of the loan proposal letter presented by Community First National Bank for the lease purchase agreement which is dated July 12, 2001. Motion passed unanimously.

Gunnison County Board of Commissioners Minutes of July 16, 2001 Approved by BOCC 8-7-01

MT. CRESTED BUTTE WASTEWATER PLANT: Steve Glazer appeared under unscheduled citizens regarding new information from the Water Quality Control Commission Grand Junction office regarding the Mt. Crested Butte wastewater plant discharge permit. He believes that the discharge standards are now less stringent than previously. He stated that the information was dated June 29, 2001 and he believes the County has thirty days to respond. He asked the County to have staff review the new information, obtain a review from the Countys consultants, and comment to the WQCC. He stated particular concern with the ammonia limits which potentially cause increased algae blooms in the valley. County Attorney Baumgarten asked if Mr. Glazer is concerned that the Board approved a site application for the plant under the old standards, and that a new analysis should take place along with potential reconsideration of the site application approval. Mr. Glazer responded that he is not asking the Board to reconsider its approval, but rather to analyze the new information and provide comments to the State as necessary. Planning Director Joanne Williams was present and suggested that the Board request a thirty day period from the State, from todays date, to allow staff and its consultants to review the new information. Commissioner Starr added that the Board should be assured that the site application signed off on was reviewed with the same standards which the State will use and in addition, to assure that the additional information is not something that will trigger a 1041 process. Rufus Wilderson, attorney for the Mt. Crested Butte Water and Sanitation District, was present along with Frank Glick and Stewart Johnson of that District. Mr. Wilderson summarized the new information from the WCQQ. He believes that the information includes corrections of initial errors in the standards related to this site. He added that standards for Woods Gulch are more stringent than previously. He stated that the engineering design of the Mt. Crested Butte wastewater treatment plant is not being changed. The Commissioners agreed that its consultants, RTW, should be asked to review the new information and also determine the deadline for any new comments to the State. Staff will report back to the Board on the results of this inquiry. LOT 22 FINANCING: County Manager DeVore stated that Community Banks of Colorado asked to revise their loan proposal, however, he still recommends that the lease purchase agreement proceed with Community First National Bank because the loan rate is locked in for five years. The Board agreed. CHAIR MOUNTAIN RANCH COVENANTS AMENDMENT: Planning Director Williams presented the resolution approving the covenants amendments for the Chair Mountain Ranch. She noted a typographical error that needs corrected prior to signature. The Board agreed to approve the resolution and sign it as soon as the final copy is prepared. Moved by Commissioner Starr, seconded by Commissioner Anderson to adopt Resolution #2001-26, A RESOLUTION APPROVING CHANGES IN COVENANTS FOR CHAIR MOUNTAIN RANCH SUBDIVISION FILING NO. 2, as presented, with the amendment to the second whereas clause to state, Whereas, the Gunnison County Planning staff has reviewed the proposed changes and recommended that said changes be accepted. Motion passed unanimously. WETBANK PROPOSAL: County Manager DeVore provided the Board with a copy of the contract proposal from Wetbank, regarding airport wetland mitigation. The Board will review the information and await additional information from the Corps of Engineers. DEVILS PUNCHBOWL: County Attorney Baumgarten reported that Public Works staff has met once and will meet again with White River National Forest staff regarding signage for the Devils Punchbowl area north of Schofield.

Gunnison County Board of Commissioners Minutes of July 16, 2001 Approved by BOCC 8-7-01

ADJOURN:

The July 16, 2001 meeting was adjourned at 5:35 p.m. ******** __________________________________ Fred R. Field, Chairperson __________________________________ Jim Starr, Vice-Chairperson __________________________________ Perry Anderson, Commissioner

Minutes Prepared By: __________________________________ Kelly Balch, Deputy County Clerk Attest: __________________________________ Joanne Reitinger, County Clerk

Gunnison County Board of Commissioners Minutes of July 16, 2001 Approved by BOCC 8-7-01

GUNNISON COUNTY BOARD OF COMMISSIONERS ATTACHMENT TO MINUTES OF RESOLUTION TEXT

BOARD OF COUNTY COMMISSIONERS OF GUNNISON COUNTY RESOLUTION NO. 26 SERIES 2001 A RESOLUTION APPROVING CHANGES IN COVENANTS FOR CHAIR MOUNTAIN RANCH SUBDIVISION FILING No. 2 WHEREAS, seventy-five percent of the homeowners of the Chair Mountain Ranch Subdivision Filing No. 2 have submitted the Amended and Restated Declaration of Covenants, Conditions and Restrictions for Chair Mountain Ranch Subdivision Filing No. 2; and WHEREAS, the Gunnison County Planning Staff has reviewed the proposed changes and recommended that said changes be accepted; and, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Gunnison County, Colorado, that the Amended and Restated Declaration of Covenants, Conditions and Restrictions for Chair Mountain Ranch Subdivision Filing No. 2 is hereby approved, and shall be required to be recorded in full. THIS RESOLUTION AND THE APPROVAL GRANTED HEREBY shall not be effective unless and until a copy is recorded in the Office of the Clerk and Recorder of Gunnison County. INTRODUCED by Commissioner Starr, seconded by Commissioner Anderson , and passed on this 16th day of July, 2001. BOARD OF COUNTY COMMISSIONERS OF GUNNISON COUNTY, COLORADO Field yes; Starr yes; Anderson - yes

Gunnison County Board of Commissioners Minutes of July 16, 2001 Approved by BOCC 8-7-01

10

GUNNISON COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MINUTES February 1, 2005 The February 1, 2005 Board of Commissioners meeting was held in the Commissioners Meeting Room at the Courthouse. Present were: Jim Starr, Chairperson Hap Channell, Vice-Chairperson Paula Swenson, Commissioner John DeVore, County Manager Kelly Balch, Clerk to the Board Others Present As Listed In Text

CALL TO ORDER: Chairperson Starr called the meeting to order at 9:00 a.m. MINUTES APPROVAL: Moved by Commissioner Swenson, seconded by Commissioner Channell to approve the January 18, 2005 Minutes as amended. Motion passed unanimously. CONSENT AGENDA: Moved by Commissioner Swenson, seconded by Commissioner Channell to approve the consent agenda items and authorize execution of those documents. Motion passed unanimously. The items approved are as follows: 1. CDPHE Contract Amendment to Maternal & Child Health Care Program 2. Memorandums of Agreement for 2005 Budgeted Funds:
a) b) c) d) e) f) g) h) i) j) k) l) m) n) o) Pitkin Historical Society - $2000 Gunnison Valley Alliance for Restorative Justice - $2000 Crested Butte Heritage Museum - $5000 Gunnison Country Chamber of Commerce - $10,000 Western Slope Philanthropy Days - $500 Office for Resource Efficiency - $10,000 Upper Gunnison River Water Conservancy District - $11,280 Gunnison County Historical and Pioneer Society - $10,000 Northwest Colorado Legal Services - $4500 American Institute for Avalanche Research and Education - $2000 Crested Butte Nordic Council - $10,000 Hospice of the Gunnison Valley - $5000 Six Points Evaluation and Training - $6000 Adaptive Sports Center of Crested Butte - $1500 Colorado Water Workshop - $1000

BOARD RETREAT REPORT: County Manager DeVore provided a summary of topics covered during the Boards retreat held on January 16 and 17. The Board reviewed and discussed the list of priorities and projects. Additions and changes were made and the list will be adopted at the next regular meeting. DETENTION CENTER: The Board concurred with the need to place a new Detention Facility high on the Countys priority list. Chairperson Starr asked for Board input on whether to place this matter on the ballot this November. Commissioner Swenson responded that if the adjacent property issues could be resolved that this project should move forward. Commissioner Channell agreed to work toward that goal unless something major arises to prevent it. Chairperson Starr requested that staff prepare a timeline of Board actions required for placing this matter on the ballot as well as working through the parking, property, and City review issues. It was suggested that the Board will need to make a decision on the size of the facility before proceeding much further. COUNTY MANAGER CONTRACT : County Manager DeVore presented amendments to his contract related to his title change, severance provisions, and example of duties. These amendments were discussed with the Board at the retreat. Moved by Commissioner Swenson, seconded by Commissioner Channell to approve the Second Amendment to the Gunnison County Manager Agreement Dated August 7, 2001. Motion passed unanimously. County Manager DeVore also provided salary information for the County Manager and Assistant County Manager positions. This information indicates that the salary difference between the two positions is decreasing. The Board suggested that this be discussed further during the budget process for 2006. DEPUTY DISTRICT ATTORNEY: District Attorney Tom Raynes submitted a request, as per statute, for Board approval of the designation of a Second Chief Deputy. Although the DAs request indicated that this would not affect the budget, Chairperson Starr wants more justification. Staff will request additional information before the Board approves this appointment.
Gunnison County Board of Commissioners Minutes of February 1, 2005 Approved by BOCC 2-15-05

RECORD OF WORK SESSION POLICY: County Manager DeVore presented the draft policy discussed with the Board at the January 25 meeting regarding the staffing, recordkeeping, and reporting on Board work sessions. The primary staff person attending each work session or other non-recorded meeting involving the Board will be responsible for providing a written and/or oral report at the next regular Commissioners meeting. If a staff person is not present at a meeting, a Commissioner will provide an oral report. Moved by Commissioner Swenson, seconded by Commissioner Channell to adopt the policy for the recording of work sessions. Motion passed unanimously. SCHEDULING: Upcoming meetings were reviewed and confirmed. COUNTY MANAGER TRAVEL: County Manager DeVore received permission from the Board to travel to a meeting of the Yampa Valley Airport Commission on March 10 to discuss Gunnison Countys creation of a Rural Transportation Authority. Yampa Valley will pay the costs of this trip. PUBLIC HEARING Petition for Waiver of Road Standards Submitted By O. A. Pesnell Chairperson Starr called the public hearing to order at 10:02 a.m. Assistant County Manager Crosby confirmed proper publication and notification of this hearing. Assistant Public Works Director Allen Moores, Deputy County Attorney Tom Dill, Bob Stuplich, and Chris Osmundson (via phone) were also present. The petitioner was not present. Assistant County Manager Crosby displayed a map of the location and reported that Pesnell is requesting a waiver from the sixty foot wide easement requirement to access his property. Although Pesnell currently has a residence accessed by a forty foot wide easement through Butte Pastures subdivision, County standards would require a sixty foot wide easement to access the Pesnell property with the new caretaker residence proposed. The caretaker residence would be the third residence accessed by this road, which is the factor according to County standards that increases the required road easement width. Pesnell attempted to obtain a highway permit from CDOT to access his property from Highway 135 instead of through Butte Pastures, but the permit was not approved. The Crested Butte Fire Protection District has submitted a letter stating no safety concerns with this request. Chris Osmundson, adjacent property owner, described the parcels and road access. He may also need to apply for a waiver of road width for planned construction on his lot in the future. Assistant County Manager Crosby stated that the access is already constructed in the forty foot easement and traffic is not a concern. The only concern of Public Works is that this area requires more snow storage than the easement. She said the Board must evaluate the movement of traffic and safety issues in order to make a decision on this request. Bob Stuplich provided a copy of the easement granted to Pesnell for access through Butte Pastures. This easement only allows Pesnell to use the forty foot access through Butte Pastures for one single family home. Further subdivision of the Pesnell property or construction of additional residences nullifies this access easement. Stuplich also provided a copy of correspondence sent to Pesnell in October, 2004 listing items that would need to be provided in order for Stuplich/Butte Pastures Homeowners Association to consider changing the easement to allow access through Butte Pastures to the proposed caretaker residence. The Board agreed that O.A. Pesnell needs to resolve easement issues with the Butte Pastures Homeowners Association before the County considers granting the requested road waiver. Bob Stuplich asked if the County has any other issues than those listed in his previous correspondence to Pesnell. Public Works staff will take a look at the site. This request for waiver of road standards can be tabled until it is ready to proceed further. The public hearing was closed at 10:30 a.m. PESNELL ROAD WAIVER: Moved by Commissioner Channell, seconded by Commissioner Swenson that the Board table this request from O.A. Pesnell for waiver of Road and Bridge Standards until such time as the petitioner deals with the covenants and easement issues with the Butte Pastures Homeowners Association. Motion passed unanimously.

Gunnison County Board of Commissioners Minutes of February 1, 2005 Approved by BOCC 2-15-05

ROGALSKI LETTER: The Board signed a letter to Vince Rogalski thanking him for his service on behalf of Gunnison County in regional and state-wide transportation issues. CRESTED BUTTE SHOP: Assistant County Manager Crosby reported that the new propane furnace has been installed in the Crested Butte Shop and operating efficiency is at 98%. The old furnace operated at 50% efficiency. Plans are still in place to also install a waste oil furnace. DOS RIOS WATER LEAK: Assistant County Manager Crosby advised the Board that there was a very large leak in the Dos Rios water system this past weekend. Once the location was identified and repairs were made, it was determined that the valve had deteriorated due to groundwater and soil conditions. She feels this was an example of why it should not be assumed that maintenance can be deferred because the system is fairly new. This needs to be considered when developing the rate structure. SNOW REMOVAL: Assistant County Manager Crosby reported on costs for snowplowing this January. Equipment costs alone were $90,000. Much snowplowing has occurred during the weekends, and she said the labor costs to pay overtime to have every district plowing is $20,000 per day. She said that the additional costs incurred this winter may result in having less money to spend on summer maintenance projects. HUTF REPORT: Assistant County Manager Crosby requested Board signature of the annual Highway Users Tax Form. The only addition to this years mileage has been the portion of Esty Lane which the County is now maintaining. Moved by Commissioner Swenson, seconded by Commissioner Channell to approve the Colorado Department of Transportation County Signature Sheet for Roads for 2004. Motion passed unanimously. REPORT ON SAGE GROUSE WORK SESSION: Assistant Public Works Director Allen Moores submitted a written summary of the January 25 work session regarding the Rangewide Sage Grouse Conservation Plan. BOARD COMMENTS REGARDING SAGE GROUSE PLAN: A draft letter of comments regarding the Rangewide Sage Grouse Conservation Plan was presented to the Board by Assistant County Manager Crosby. This was prepared based on discussion at the January 25 work session. Chairperson Starr said that he had a conversation with Stan Irby last night which has led him to offer up some additional comments. He provided language that would address local ranchers concerns that the existing local sage grouse plan is not flexible enough for varying conditions within the basin. Assistant Public Works Director Allen Moores agreed that there are concerns with the local plan being too stringent. John Scott of the Gunnison Conservation District commented that some locals would rather support the rangewide plan than the local plan. He also feels the rangewide plan addresses both sides of many issues. He feels that adaptive land management should be utilized. Scott added that the local plan has actually prevented some sage grouse projects due to its limitations. He reported that local plans can adopt more stringent standards than rangewide plans. Commissioner Channell summarized the various viewpoints to consider. Local plan proponents want the rangewide plan to reflect more of the local plan. The rangewide plan proponents say their plan is more flexible in addressing varying circumstances. Ranchers are concerned they will be governed by both plans if the Candidate Conservation Agreements use the rangewide plan and the BLM uses the local plan. Commissioner Channell continued that the letter as currently drafted seems to favor the local plan, but perhaps the revisions just suggested by Chairperson Starr add some flexibility. Since all present seemed to be in general agreement with the draft letter including the language proposed today by Chairperson Starr, staff will revise the letter accordingly and return it to the Board for signature later today. SAGE GROUSE TRAVEL: Assistant County Manager Crosby summarized plans for locals to attend the upcoming sage grouse working groups conference in Reno later this month. The Division of Wildlife is sponsoring three participants, including local working group member Sue Navy. The Board has discussed sending three persons also. Allen Moores and Tim Lehman are currently designated. Two persons have been suggested for the final spot, one college student and local Siskadee board member Chris Dickey.

Gunnison County Board of Commissioners Minutes of February 1, 2005 Approved by BOCC 2-15-05

Moved by Commissioner Channell, seconded by Commissioner Swenson to approve travel to the Reno conference on sage grouse management for Tim Lehman, Allen Moores, and Chris Dickey at an estimated cost of $800-1000 per person using sage grouse mitigation funds. Motion passed unanimously. TREASURER RESOLUTIONS: Finance Director Nienhueser and Treasurer Melody Marks were present. The purpose of these resolutions was summarized by Nienhueser. She stated that the 2004 budget included figures based on the annual re-approval of these resolutions. It was noted that the Housing Authority was a new addition for 2004 to the resolution regarding the segregation and deposit of certain interest revenue. The Board requested that the Dos Rios water fund be considered next year for addition to the list of funds being allocated their specific interest. Moved by Commissioner Swenson, seconded by Commissioner Channell to adopt Resolution #2005-06, A RESOLUTION AUTHORIZING THE TREASURER TO SEGREGATE INTERESTS FROM INVESTMENTS OF CERTAIN MONIES AND REVOKING CERTAIN PREVIOUS RESOLUTIONS. Motion passed unanimously. (See attachment to Minutes). Moved by Commissioner Channell, seconded by Commissioner Swenson to adopt Resolution #2005-07, A RESOLUTION DIRECTING THE GUNNISON COUNTY TREASURER TO DISTRIBUTE SPECIFIC OWNERSHIP TAX MONIES AMONG VARIOUS COUNTY FUNDS. Motion passed unanimously. (See attachment to Minutes). MARKETING DISTRICT: The Board of Commissioners meeting recessed and a meeting of the Gunnison River Valley Marketing District was conducted from 11:22 to 11:38 a.m. County Manager DeVore presented the Memorandum of Agreement between the Marketing District, the Town of Mt. Crested Butte, and the Gunnison/Crested Butte Tourism Association. The work program and adopted budget for 2005 was attached. A proposed revised budget was also submitted. The Mt. Crested Butte admissions tax was approximately $100,000 less than what was budgeted for in 2004. That Council will take action on this MOA this evening, which will include their decision regarding allocation of a portion of the admissions tax to the Marketing District. The Tourism Association also incurred $33,000 of additional expenses in 2004. These shortfalls could be handled several ways. One option would be to reduce the funding to the Tourism Association, thereby reducing their marketing plan. Another way could be to reduce the payoff on the Tax Anticipation Note. County Manager DeVore proposed that the budget be amended by utilizing the second option. Discussion ensued regarding advanced commitments to different marketing projects and the need to have a fund balance for use when discounted marketing options become available. Moved by Commissioner Swenson, seconded by Commissioner Channell to approve the Memorandum of Agreement between the Gunnison River Valley Local Marketing District, the Gunnison/Crested Butte Tourism Association, and the Mt. Crested Butte Town Council. Motion passed unanimously. REVISED BUDGET FOR MARKETING DISTRICT: The Board of Commissioners meeting was called back to order and County Manager DeVore requested that the Board make a decision regarding the proposed amended County budget related to the Marketing District. Moved by Commissioner Channell, seconded by Commissioner Swenson that, pending Mt. Crested Buttes approval, the County shall revise the 2005 budget for the Marketing District. Motion passed unanimously. CITY FISCAL IMPACT STUDY WORK SESSION REPORT: Commissioner Channell reported that the Board met on January 25 to be updated by CivicEconomics on their preparation of a study regarding retail expenditures and impacts. One item of note was that the statewide retail expenditures, including other resort areas, averaged $11,000 per capita. The City of Gunnison average is $22,000. This likely indicates a strong level of tourism revenue. The City hopes the consultants will complete their study within one month. LUNCH: The meeting recessed from 11:45 a.m. to 1:05 p.m. GUNNISON/HINSDALE BOARD OF HUMAN SERVICES: From 1:08 to 1:50 p.m. the Board met as the Gunnison/Hinsdale Board of Human Services. Those Minutes are a separate document.

Gunnison County Board of Commissioners Minutes of February 1, 2005 Approved by BOCC 2-15-05

COLORADO RIVER WATER CONSERVATION DISTRICT UPDATE: Bill Trampe was present to update the Board on recent CRWCD actions. He first asked for direction from the Commissioners in how they would like him to serve the County as the designated representative. The previous Board of Commissioners requested that he follow the Upper Gunnison River Water Conservancy Districts (UGRWCD) positions. Chairperson Starr responded that Trampe should continue with that direction unless or until an issue arises which the Commissioners do not agree with the Upper Gunnison position. If an issue of particular concern arises, Trampe shall contact Chairperson Starr directly. Otherwise, he will continue providing monthly updates. Bill Trampe continued by providing a summary of Senate and House Bills which the CRWCD took positions on in January. Of particular significance was that CRWCD voted 8-5 to support Senate Bill 062 regarding requirements applicable to recreational in-channel diversions. Trampe voted against. The UGRWCD is also against this Bill. Dennis Steckel of the UGRWCD was present and provided the Board with copies of SB 062 and HB 1177 , both of which that Board is opposed to. He feels it is critical to have County Commissioner involvement at the Colorado Water Congress. In addition to legislative discussions, Bill Trampe also reported that the CRWCD is developing a large grant program, they are reviewing their standing policies, and a reservoir expansion is being undertaken. ECONOMIC DEVELOPMENT: Mike Darnell of the Gunnison Valley Economic Development Corporation (GVEDC) was present to update the Board. Due to the recent resignation of Executive Director Lee Dusa, the GVEDC Board has voted to retain Darnell as its new Director. He stated that his personal vision is to build inclusiveness within the community as related to economic development. He is open to any input. Chairperson Starr requested that the GVEDC Minutes be provided to the Board of Commissioners following every meeting. Mike Darnell reported that the first draft of the WSC fiscal impact study is due today. The County committed $2200 in 2005 funds toward this study. The potential light industrial park tenants have been working with an attorney to develop proposed lease language. County Manager DeVore reported that the attorney gave him the proposal a few days ago. Darnell continued that the hay plant committee is working with marketing consultants to develop a strategy in coordination with their business plan. The local beef program went well and will be offered again this year. The Crested Butte movie theatre recently closed, and the GVEDC has been working on options to find a new operator to reopen that location, with the intent to expand into Gunnison in the future. Mike Darnell also reported on efforts to locate a Leading Edge Center in Gunnison, and whether to keep the Gunnison Main Street program going. He provided a copy of the GVEDC 2005 budget which he described as smaller, more realistic, and workable. Mike Darnell has applied to the Board of Commissioners for appointment to the Region 10 Board. Those appointments will be considered next week. Chairperson Starr commented favorably regarding the GVEDC current projects in the community. He feels success in those areas will help generate more economic development. It was noted that the Board of Commissioners needs to appoint one of its members to the Gunnison Valley Economic Development Corporation Board of Directors. Commissioner Swenson volunteered. Moved by Commissioner Channell, seconded by Commissioner Starr to appoint Paula Swenson to the GVEDC Board. Motion passed unanimously. LIBRARY DISTRICT: Library Board members Marsha Rose, Bruce Bartleson, Larry Meredith, Karen Shirley, and John Harrington were present to request that the Board of Commissioners proceed with the following actions: 1. Adopt a resolution for a Library District and supporting a mill levy increase 2. Election costs paid by County funds 3. Transfer the current library mill levy to the proposed Library District 4. Transfer all library assets to the proposed District 5. Provide bridge funding and option to contract for services during the interim period before the Library District collects its own property tax revenues 6. Provide financial support and/or land for a new building 7. Provide grant assistance for the building project and place it on the Countys priority list

Gunnison County Board of Commissioners Minutes of February 1, 2005 Approved by BOCC 2-15-05

The Library Board summarized their responsibilities, the history of the current building, and work begun in 1999 to expand or replace the Library facility. One survey was compiled of usage and funding of Libraries in other resort communities. A community survey was also conducted regarding local usage and potential support for increasing taxes to improve the Library facility. Based on the information compiled, the Library Board believes that their requested actions are warranted. Commissioner Channell stated that when considering this request he will need to know every detail about dedicated funding to the Library, and all costs associated with the transition including personnel benefits, etc. He asked what the Library District boundary would be. County Manager DeVore responded that the boundary is a County Commissioner decision. Last year when this issue was discussed it was noted that the Somerset/Marble area of the County does not receive significant Library services from the County, yet a substantial portion of property valuation is in that area. He did note that the Paonia library in Delta County is funded with sales tax monies instead of property tax. County Manager DeVore stated that the Board of Commissioners cannot permanently transfer the current mill levy allocated to the Library. However, the Board could request a reduction in mill levy. He feels a reduction in dollar amount to the General Fund would be more appropriate to consider than a permanent mill levy decrease. Commissioner Channell noted information from special counsel Dee Wisor, dated 2003, regarding legislation allowing multiple government entities to establish a Library Authority and to levy sales tax. He suggested that the Board be creative in developing some funding scenarios for the Library which might combine property and sales tax. County Manager DeVore said he will ask Dee Wisor for further information on the legislation referenced. Chairperson Starr advised the Library Board that the Board of Commissioners needs to move forward on a possible ballot issue for a Detention Center project. That project is a high County priority and the ballot question could occur this fall. He feels that the Library might be more successful with a ballot question to increase sales tax a year or two after the County asks for property tax for a detention center. He is very interested in using sales tax for the Library since those funds also come from the Countys visitors who use the Library facility. Marsha Rose noted the items which the Board of Commissioners would like additional information regarding. It was agreed that further discussion would be scheduled in April. SAGE GROUSE LETTER: mornings agenda item. A revised letter was presented to the Board, based on this

Moved by Commissioner Swenson, seconded by Commissioner Channell to approve and sign the letter of sage grouse comments to the Gunnison Sage Grouse Rangewide Plan Steering Committee. Motion passed unanimously. COMMISSIONER COMMENTS: Commissioner Swenson will attend the Region 10 Economic Summit later this week. She also asked the status of the Countys interest in a certain parcel of land for affordable housing. County Manager DeVore responded that no price has been stated for this parcel, and the Board needs to determine a level of commitment to land banking for housing projects. Commissioner Channell stated that he is encouraging the Planning Department to move forward on revisions of building codes and fee structures. There is currently discussion in the valley for all entities to adopt similar codes at the same time. Chairperson Starr said he has discussed with the Crested Butte Fire Protection District the idea of adopting a county-wide fire code, with varying locational standards, that also includes backcountry wildfire provisions. He feels the defensible space provisions in the LUR are not thorough enough. He also provided County Manager DeVore with information regarding some potential property in the north end of the valley to acquire for affordable housing. This property will be listed on the open market if the County does not take action quickly. He added that the County needs to meet with the Towns of Crested Butte, Mt. Crested Butte, and the ski area to discuss uses for the Brush Creek parcel which the four entities own together. Chairperson Starr will also be contacting the Bureau of Land Management regarding a certain conservation easement.

Gunnison County Board of Commissioners Minutes of February 1, 2005 Approved by BOCC 2-15-05

ADJOURN: Moved by Commissioner Swenson, seconded by Commissioner Channell to adjourn the meeting. Motion passed unanimously. The meeting adjourned at 5:05 p.m. ******** __________________________________ Jim Starr, Chairperson __________________________________ Hap Channell, Vice-Chairperson __________________________________ Paula Swenson, Commissioner Minutes Prepared By: __________________________________ Kelly Balch, Deputy County Clerk Attest: __________________________________ Stella Dominguez, County Clerk

Gunnison County Board of Commissioners Minutes of February 1, 2005 Approved by BOCC 2-15-05

GUNNISON COUNTY BOARD OF COMMISSIONERS ATTACHMENT TO MINUTES OF RESOLUTION TEXT


BOARD OF COUNTY COMMISSIONERS OF GUNNISON COUNTY RESOLUTION NO. 05-06 A RESOLUTION AUTHORIZING THE TREASURER TO SEGREGATE INTERESTS FROM INVESTMENTS OF CERTAIN MONIES AND REVOKING CERTAIN PREVIOUS RESOLUTIONS WHEREAS, Colorado Revised Statute 30-10-710 provides, in part, that interest gained through the investment of county funds, regardless of the origin of such funds, may be credited to the General Fund unless such investment is made from specific funds allocated for a definite purpose and so maintained; and WHEREAS, it is the desire of this Board that the interest gained from the investment of certain funds be credited back to those funds; WHEREAS, this Board has previously passed resolutions which directed the County Treasurer and the County Finance Office to deposit back to certain funds all the interest gained from investments of the monies from those certain funds; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Gunnison County, Colorado: 1. The County Treasurer is hereby directed to deposit back into the following funds all interest gained from the investment of monies from the respective funds: Reserve Account within the General Fund: Water Resources Protection Fund Road and Bridge Fund Conservation Trust Fund Airport Operations Fund Sales Tax Fund Land Preservation Fund Library Fund Operations Library Fund Memorial and Endowment Library Fund Capital Improvements Loss prevention Fund Airport Construction Fund Capital Expenditures Fund Solid Waste Fund Operations Reserve Accounts Within the Solid Waste Fund: Landfill Closure Cost Reserve Construction Reserve Sheriffs Seizure Fund Gunnison Housing Authority Fund Internal Service Fund III (Employee Benefits) Gunnison River Valley Local Marketing District Gunnison Valley Transportation Authority 2. All remaining interest gained from the investment of County funds may be credited to the County General Fund. 3. The previously enacted resolutions directing the distribution of interest to various funds namely Resolution No. 07, Series 2004 is hereby canceled as of January 1, 2005 and the provisions of this resolution shall supersede the previous resolutions. 4. The effective date of this resolution shall be January 1, 2005. INTRODUCED by Commissioner Swenson, seconded by Commissioner Channell and adopted this 1st day February, 2005. BOARD OF COUNTY COMMISSIONERS OF GUNNISON COUNTY, COLORADO Starr yes; Channell yes; Swenson - yes

Gunnison County Board of Commissioners Minutes of February 1, 2005 Approved by BOCC 2-15-05

BOARD OF COUNTY COMMISSIONERS OF GUNNISON COUNTY RESOLUTION NO. 05-07 A RESOLUTION DIRECTING THE GUNNISON COUNTY TREASURER TO DISTRIBUTE SPECIFIC OWNERSHIP TAX MONIES AMONG VARIOUS COUNTY FUNDS WHERAS, Gunnison County has or will receive during fiscal 2005 certain monies derived from the payment, pursuant to C.R.S. (1973) 42-3-107, of specific ownership taxes; and WHEREAS, the impact of this Resolution will only affect the distribution of funds to the Gunnison County General Fund and the Gunnison County Road and Bridge Fund; and WHEREAS, after apportionment pursuant to C.R.S. (1973) 42-3-107, such monies have traditionally been divided between the General Fund and the Road and Bridge fund of Gunnison County; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Gunnison County, Colorado, that, effective immediately from the date this Resolution is passed by such Board, that the Treasurer of Gunnison County shall distribute and deposit such monies as Gunnison County receives after apportionment from such specific ownership taxes pursuant to C.R.S. (1973) 42-3-107 as follows: to the Gunnison County General Fund sixty-six and two-thirds percent (66 2/3%); to the Gunnison County Road and Bridge Fund thirty-three and one-third percent (33 1/3%). The effective date of this Resolution shall be retroactive to January 1, 2005 and shall be valid for each year subsequent to the passage of this resolution until repealed or amended by this Board. INTRODUCED by Commissioner Channell, seconded by Commissioner Swenson, and adopted this 1st day February, 2005. BOARD OF COUNTY COMMISSIONERS OF GUNNISON COUNTY, COLORADO Starr yes; Channell yes; Swenson - yes

Gunnison County Board of Commissioners Minutes of February 1, 2005 Approved by BOCC 2-15-05

Gunnison
County
COLORADO John

DeVore CHIEF EXE-CUTWE


970.641.0248 FAX 970.641.3061
CELL

PHONE

970.209.5353

TO:

Frank Anderson David Baumgarten Renee Brown Janc Chaney Rich Corbett Marlene Crosby Carol Dawson Stella Dominguez Kim Fabrizius Kathie Lucas Melody Marks Archie Martin Peggy Martin Dave Michaelson Rick Murdie Linda Nienhueser Janet Reinman Melody Roper Judy Smith Shary Templeton Frank Vader Joanne Williams

FROM: John DeVore RE: DATE:


Computer Policy July 22, 2004

200 East Virginia Avenue Gunnison. CO 31230

July 19, 2004 Approved by the Board of County Commissioners Date: July 19, 2004

Policy No. 04-1

The purpose of this policy is to establish appropriate protocol for the use of Gunnison County's Local Area Network and the use of County computers in general. 1. Records Record retention of public records applies to all records, including those that exist in electronic media. It is the policy of Gunnison County to take any measures necessary to assist the public in locating and viewing any specific electronic records unless such records are specifically exempted from disclosure by state or federal statute, by court order, or unless disclosure of such records would be contrary to the public interest. Thus, all records, including those of elected officials, are subject to public disclosure. 2. Appropriate Use To ensure the appropriate use of electronic media, all employees shall use the County's hardware and software for County approved purposes only. Software The County will allow only County authorized software to be stored or executed on its computers. Recognition is given to the unique needs of particular departments and programs, however the software must be approved for compatibility by the MIS Department prior to installation and MIS must be given copies of the license agreements. Software installed with the intention of protecting devices and peripherals, such as anti-virus software, shall not be removed or disabled unless authorized by the MIS. All software license agreements and copyright laws shall be adhered to and copies of license agreement provided to the MIS Department. Electronic Mail and Internet Electronic mail and Internet access must be used in a manner that maintains public trust and confidence in the County organization. Electronic mail and Internet access are provided for the County's official public business. Examples of appropriate use of the e-mail and Internet are as follows: Facilitating communications and transfers of documents between employees, citizens and others concerned with County business. Accessing databases and files to obtain work-related referenced material or to conduct County-related research. + Expediting administrative duties in direct support of work-related functions.

Communicating with individuals or professional organizations regarding professional and career development. As with telephones, electronic mail is intended for fast and efficient communications. However, personal use of electronic mail should be limited in the same manner as local telephone calls so as not to interfere with the employee's duties. No person shall use County computers and computer system to: Violate any municipal, county, state or federal law or regulation. Promote any commercial venture, political campaign, or personal purpose. Raise funds to engage in public relations activities that are not directly related to County business. Intentionally disrupt network or system use by others, either by introducing worms or viruses or by other means. : Engage in any activities that could cause congestion and disruption of networks and systems, such as sending and forwarding chain letters, joining news subscription services, listening to music over the intemet, and sending or receiving graphics or animation files not directly related to county business. Downloading copyrighted music. Transmit or, with foreknowledge, receive pornographic, racist, sexist or harassing material. Any violators of this policy may be subject to disciplinary action, including termination. 3. Privacy and Security Employees should have no expectation of privacy regarding the use of electronic media. Any information or data contained in any electronic system owned by the County is available to the County at all times and may be subject to audit. Correspondence of an employee in the form of electronic mail may be a public record under the public records law, and may be subject to public inspection under C.R.S. 24-72-203 and the polices of the County. The County reserves the right to implement the use of electronic tools that monitor and/or restrict the transmission of e-mail and use of the Internet. 4. The E-mail system is provided as a tool for transmitting and receiving information and is not to be used as a means of storing or retaining information. E-mail file shall be managed in a manner that is appropriate for the information content of the message. E-mail messages generally fall into two categories: + Transitory E-mail Many e-mails have limited long-term importance or value. For example, a message seeking dates for a proposed meeting has

little or no value after the meeting date passed. Retaining such messages takes up space on the e-mail system and serves no useful purpose. Such messages should be deleted as soon as they no longer serve an administrative purpose. + Email having lasting value E-mail is sometimes used to transmit information having lasting value such as interpretations of policies or contractual correspondence with businesses. E-mails having lasting value, whether sent or received, should be printed and filed in the appropriate filing system or copied to the hard drive. Printed versions of e-mail messages should include the message header, the message text and any attachments that were sent with the email. E-mail system users should attempt to purge their e-mail, out-box, recycle bin and attachment folders on a regular basis, in order to avoid email causing operational delays or problems with the e-mail system. E-mails that convey information that is privileged protected, confidential or otherwise subject to nondisclosure under any law, regulation or rule, shall include the word "CONFIDENTIAL" in the subject line of the message header and preceding the text of the message. Confidential or privileged information includes communications to and from an attorney of the County, personnel information, criminal investigation files, or any other privileged information. Whether or not an e-mail is confidential can only be determined as a matter of law, based on the particular circumstances. Just because a message is labeled "CONFIDENTIAL" does not mean that it will be exempt from disclosure. Confidential or sensitive e-mail shall not be forwarded to any party without prior approval of the sender. If an employee is not sure if information is confidential or privileged, the employee should consult with his or her department head or the County Attorney before distributing the information via e-mail. Email sent to or received from parties outside of the County's e-mail system can be intercepted and read by persons other than the intended recipient. Therefore, employees are strongly discouraged from sending confidential e-mail under these circumstances.