BOARD OF COUNTY COMMISSIONER REGULAR MEETING
August 30, 2022
Administration Building
560 Dodge St., Delta, CO 81416
8:30 AM PLEDGE OF ALLEGIANCE
ADDITIONS TO THE AGENDA
APPROVAL OF AGENDA
CONSTITUENT TIME: This is the time for members of the public to present issues of
concern or interest to the Board. All issues requiring further research will be forwarded
to the appropriate staff for response at a later time. No decisions are made by the BoCC
during constituent time.
COMMISSIONER BUSINESS
Gray and Black Market Marijuana Enforcement Grant Program
Notice of Funding Availability/Application GuidelinesBoard's consideration of allocating Private Activity Bond to Delta Housing
Authority
8:45 AM PLANNING
- Pre-Land Use Code Projects
Receive update on the disposition of 3 development applications/projects that
preceded adoption of the 2021 Land Use Code.
9:00 AM COUNTY ATTORNEY - JOHN BAIER
1. REGULAR SESSION:
- Board's consideration of renewal lease for Blake Field Hangar #167 LeVay
Living Trust
2. EXECUTIVE SESSION:
Matters required to be held confidential pursuant to Council of Environmental
Quality National Policy Act 40 CFR 1501.7-8. §24-6-402(4)(c), C.R.S.
- Grand Mesa Uncompahgre and Gunnison, United States Forest Service
cooperating agency plan presentation
11:00 AM PRESENTATION AND DISCUSSION OF 2021 AUDIT - PETE BLAIR- BLAIR AND
ASSOCIATES, P.C.
12:00 PM ADJOURN
The next Board of County Commissioner Meeting is Tuesday, September 6, 2022
CERTIFICATION OF POSTING
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On Friday, August 26, 2022 at 12:30 PM, Amanda Porter did post the above AGENDA as public notice of the
08/30/2022 meeting. The official notice is placed on the front entrance of the Delta County Courthouse located at
501 Palmer, Delta, Colorado.
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FY 2022-2023
GRAY & BLACK MARKET MARIJUANA ENFORCEMENT GRANT PROGRAM
NOTICE OF FUNDING AVAILABILITY/APPLICATION GUIDELINES
PROGRAM PURPOSE:
To provide financial assistance grants to local law enforcement agencies and district
attorneys through the local government for the investigation and prosecution costs
associated with unlicensed marijuana cultivation or distribution operations.
By filling out the online portal application, Colorado County and Municipal applicants
are opting into the grant program. Grant amounts will be determined using a formula
based on the jurisdictions population.
The grant program has four (4) funding priorities:
1.) Rural areas
2.) Large scale operations
3.) Organized crime operations
4.) Operations that divert marijuana outside of Colorado
In accordance with CRS 24-32 -119, rural areas will receive priority funding. To achieve
this, rural area population figures will be weighted heavier. Rural areas are defined in
C.R.S. 24-32 -119 as:
a) A county with a population of less than 200,000 people, according to the
most recently available population statistics of the United States Bureau of the
Census; or
b) A municipality with a population of less than 30,000 people according to
the most recent statistics of the United States Bureau of the Census that is
located 10 miles or more from a municipality with a population of more than
50,000 people.
DOLA will confirm applicants meet the “rural area” definition at the time of submittal.
TOTAL FUNDING AVAILABLE:
$900,000 – Fiscal Years 20 22 and 2023 (through June 30, 2023)
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APPLICATION TIMELINE:
• August 18, 2022: Notice of Funding Availability (NOFA) disseminated
and application posted on the DOLA Grants Portal.
• September 30, 2022: Application closes at midnight.
CONTACTS:
Gray & Black Market Marijuana Enforcement Grant Program:
DOLA grants portal application: https://dola.colorado.gov/grants_portal/
Ella Bowman
Grant Program Manager
(303) 864-7896
[email protected]
ONLINE APPLICATION PROCESS:
The grant application process is available electronically. All applications must be
submitted using the online grants portal to be considered for an award. Please allow
yourself plenty of time to become familiar with the system. Local governments will
need to create an account, log into the system, and complete each section of the
application for electronic submittal. You will be able to save and close a partially
completed page of your online application and return to complete it at a later time.
IMPORTANT DETAILS:
• In order to receive a grant, local governments apply annually. Those that do
apply must agree to:
Provide the name and title (honorific) of your current chief elected official:
(e.g. mayor, council president, or a county commissioner chair) the
Honorific field must be filled in. Any other title must be cleared with
the Program Manager, Ella Bowman before the application is submitted. If
any of the field(s) are left blank or have incorrect Information the
application will be suspended and returned so that necessary corrections
can be made, and resubmitted.Spend funds on statutory priorities,
Cooperate with district attorneys to cover prosecution expenses as
defined in statute,Report quarterly/annually on how funds were spent and the effectiveness of
the program.
• This is a financial assistance grant for investigations and/or prosecution
expenses of unlicensed marijuana cultivation or distribution operations. Some
examples may include:
- Personnel/overtime
- Contractual services
- Equipment and supplies
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Travel
Pre-trial incarceration expenses
Medical expenses related to injury or exposer during a marijuana
investigationPurchase of information (informants) or evidence (contraband)
• For the full text of the statute see : C.R.S. 24-32 -119
APPLICATION OVERVIEW:
A. Applicant/Contact Information
Local Government name (All applicants must be county or municipal
local governments)Principal Representative is the Chief Elected Official (e.g. Mayor, County
Commissioner Chair)Responsible Administrator is the designated contact person/responsible
administrator for the application
B. Honorific/Title
C. Applicant Affirmations
D. Board Approval/Tabor
- Official board action: Every application must provide the date the
city/town/county board, council or trustees authorized the submittal of the
grant application. - TABOR: The funds for the Gray & Black Market Enforcement Grant program
are state funds and may be subject to TABOR. Local jurisdictions are
responsible for their own TABOR compliance. Please consult with
your legal
counsel regarding TABOR limits for the local government applicant(s) before
submitting an application.
E. State Acceptance of Application
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50 I 14th Street
Delta,
CO 81416
www.deltaho usinga utho ri ty.o rg
970.874.7266 PHO N E
970.874.8612 FAX
i.800.545. 1833 TDD
De{!J!';'/ing
August 8, 2022
Delta Board
of County Commissioners
560 Dodge Street
Delta, CO 81416
VIA EMAIL
Dear Delta County Board
of County Commissioners,
Thank you for the opportunity to respectfully request a reservation of Delta County' s 2022, 2023 and
2024 Private Activity Bond cap (" PAB"). The Delta Housing Authority intends to pool those PAB
amounts from the County to use for the eventual rehabilitation of our existing Villas at the Bluff
affordable housing property in Delta. Villas at the Bluff is a 48-unit affordable housing property that will
be exiting its initial 15-year compliance period on December
31, 2023, and therefore eligible for a
possible re-syndication and rehabilitation of the property after that date. To be eligible for this re-
financing scenario, we will need 4% low-income housing tax credits ("LI HTC" ) which need to be paired
with PAB per the tax
code. While financial feasibility will be determined next year and in 2024, the
reservation of these PAB represents a first step in the process.
If you are amenable to this idea, we can investigate the details going forward. Thank you in advance, and
please let us know if you have any questions .
Executive Director
Delta Housing Authority
CC: Robbie Baird LeValley, County Administrator
EQUAL HOU SINO
OP'P'OllttUNITY
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STAFF REPORT
Delta County Board of County Commissioners
Delta County Administrative Building
560 Dodge Street, Delta, CO 81416
Tuesday, August 30, 2022 @ 10:00 a.m.
Pre-Land Use Code Projects
Receive update on the disposition of 3 development
applications/projects that preceded adoption of the 2021
Land Use Code.
RECOMMENDATIONS:
Staff recommends that the BoCC take the following actions:
A. Expire the following projects that were set to expire 8/2/2022 per BoCC Action on
7/5/2022:
- SUB20-010 (Tribble). Expire
- SUB19-007 (Buck Horn). Expire
- SUB20-033 (Nate & Sarah). Expire
Report Prepared by: Kate Kelly, Planner I
SUMMARY:
On July 5, 2022, following multiple attempts to resolve outstanding issues, the BoCC
voted 3-0 to expire MJ09-004 (Moon Dance), SUB20-021 (DM Crossing), and MJ06-
022 (Cedar Mesa Estates). Based on attempts to clear issues, the BoCC granted one
final extension for SUB20-010 (Tribble), SUB19-007 (Buck Horn), and SUB20-033
(Nate & Sarah) until August 2, 2022, with direction for staff to send notice via certified
mail. Staff sent an email, that included an Extension Letter, to the applicants and Project
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Surveyors on July 8, 2022. Staff then sent the same Letter of Extension to the
applicants by certified mail on July 11, 2022, as requested by the BoCC.
Staff received communications (attached) for the Tribble Subdivision. As of writing this
report, Staff has not received a final Road Maintenance Agreement for the Tribble
Subdivision, and there has been no communication from the other two applicants (see
discussion below). Therefore, staff is recommending that the BoCC expire the
remaining three (3) pre-LUC applications. Any of the expired/vacated applications
interested in proceeding can (will need to) apply under the Land Use Code.
DISCUSSION:
Staff finds that three (3) projects, which were granted extensions until 8/2/2022, have
not been completed by the most recent deadline. Staff has afforded the applicants of
these projects multiple opportunities to complete their projects in a timely manner;
however, efforts to address condition compliance or any other issues that have been
brought forward by Staff have not been met for various reasons. Extensions that were
requested have expired and no new extensions have been applied for. Therefore, Staff
recommends the BoCC expire the following applications:
- SUB20-010 (Tribble). Expire SUB20-010
Conditions require a fully executed Road Maintenance Agreement. An
agreement was provided but lacked important information. Meanwhile, a
structure has been built on Lot 1. That development was not contingent on this
agreement, but County records indicate that no access permit was issued prior to
developing the site. A septic permit (Permit #035-20) was issued by the Health
Department on April 8, 2020 based on an inactive (expired) address. Staff sent a
letter to the applicant on March 21, 2022 in regards to the access, address, and
septic for Lot 1 and an extension was granted until June 1, 2022. The applicant
sent an email on May 25, 2022 asking for an extension until July 1, 2022, as the
applicant had hired an attorney to review the Road Maintenance Agreement and
assist with providing an agreement that addresses the maintenance of the road
appropriately.
Staff sent a letter, certified mail, explaining the Board action for one last
extension (August 2, 2022). Staff received communications for an extension of
timeline on August 1, 2022 (Attached), from a Ms. Courtney Rodwell, who
introduced herself as the girlfriend of the applicant for the Tribble Subdivision.
Ms. Rodwell stated that they were in the process of obtaining all required
signatures for a revised Road Maintenance Agreement. The applicant was
informed that they had until August 30, 2022 to submit the Agreement, as this
was the date that the applications would be taken to the Board for expiration.
Staff finds that the revised agreement has been drafted that better reflects what
is needed. However, the applicant noted that there is one party to the agreement
that would like some wording changed. As of writing this report, the agreement
has not been submitted for this application and no communications have been
Page 8 of 26
received since August 2, 2022 when staff informed Ms. Rodwell that the
applicant would have until August 30, 2022, to submit the required information.
Therefore, Staff is recommending that the BoCC expire this application.
SUB19-007 (Buck Horn). Expire SUB19-007
Conditions required proof of water, electrical service (DMEA), permitted access
for Lot 2, and to pay final fees. Notice of Extension was sent to the applicant and
the project surveyor on January 25, 2022, providing time to complete these
conditions. The project surveyor asked for an extension until 6/1/2022 to finish
the condition compliance and submit a signed Final Plat to the Planning
Department. Staff understood that the applicant was pursuing drilling a well but
was held up due to a backlog of work for the well driller. There have been
multiple communications between staff and Mr. Morgan where he continues to
wait for a well to be drilled to see if there is an adequate water supply for a
subdivision. In May staff was informed of a boundary dispute where the well was
to be drilled, which caused further delay. Mr. Morgan stated that until the
boundary dispute is settled, the well cannot be drilled. There has been no change
in the status of this dispute and the above mentioned conditions are still
outstanding. The applicant has stated that if there is not enough water to suffice
subdivision requirements, they will withdraw their application for subdivision. Staff
recommends expiring the application and the applicant can apply under the LUC
when they are ready.SUB20-033 (Nate & Sarah). Expire SUB20-033
PC provided direction for the Sketch Plan on 4/14/2021. BoCC tabled a request
for County to Vacate a 60-foot ROW pending a Shared Road Maintenance
Agreement. The subdivision process (pre-LUC) requires completing the Sketch
Plan at the PC and BoCC. Once the Sketch is approved, a Final Plat must go to
the BoCC for acceptance. Notice was sent to the applicant and the project
surveyor on January 27, 2022. There have been multiple communications,
including discussion at BoCC meetings, relative to the vacation. The last time this
went to the BoCC (on January 18, 2022), the project surveyor was present. The
BoCC provided direction to resolve the neighbor dispute relative to the right-of-
way. There has been no progress since that time. Staff recommends that the
BoCC expire this application, and the applicant can apply under the LUC when
they are ready - that may require a variance or rezone. Under the LUC, the
subdivision proposed by SUB20-033 would require a variance (BOA) and Minor
Plat (Administrative).
Attachments:
- Communications for Tribble Subdivision (dated August 1 & 2, 2022)
o DRAFT Road Maintenance Agreement
Page 9 of 26
Kim Henderson <[email protected]>
Re: SUB20-010 Tribble Subdivision - Extension Letter
1 message
Courtney Rodwell <>Mon, Aug 1, 2022 at 12:02 PM
To: [email protected], [email protected], [email protected]
Hello,
This is Courtney Rodwell, girlfriend of Seth Tribble, he is out of cell and email service working in a remote area and has
asked that I reach out to you.
I am emailing you concerning the SUB20-010 Tribble Subdivision. We have been able to have a road maintenance
agreement between the 3260 Rd Land Owners written up and have been in the process of receiving signatures from each
of the land owners. We have been able to get signatures from Jerald & Laree Dance, Carl & Deb Miller, Kathy & Harvey
Diderikson and Seth Tribble. We are currently waiting on signature from Lara Goodwin, however, after her reading the
agreement there is some language that she would like to change. Because of this we will need to obtain signatures on the
updated document to submit. Unfortunately, Lara Goodwin recently lost her mother and has been out of the area. Out of
respect for her and her family at this time we are asking to see if we can extend the timeframe to obtain these required
documents so that she can deal with her personal matters because it will require sitting down with her to go over what
changes she may like to make.
I have attached the current agreement and plat with it for reference as to show that we have made progress towards
obtaining these documents, the current signed copy of the agreement is in possession of a local notary. The county
should have the final plat of SUB20-010 Tribble Subdivision in hand.
Thank you for your consideration and time.
Courtney Rodwell
On Fri, Jul 29, 2022 at 3:59 PM Seth Tribble <> wrote:
---------- Forwarded message ---------
From: Kim Henderson <[email protected]>
Date: Fri, Jul 8, 2022, 2:05 PM
Subject: SUB20-010 Tribble Subdivision - Extension Letter
To: <>
Cc: Kate Kelly <[email protected]>, Carl Holm <[email protected]>
Good Afternoon,
Please see the attached Letter of Extension for the Tribble Subdivision SUB20-010.
Kindest Regards,
Kim Henderson
Administrative Assistant
295 W. 6th St.
Delta, Co 81416
970-874-2110
NOTICE: This email transmission from the County of Delta, and any documents, files, or previous email messages attached to it, are intended solely for the
individual(s) to whom it is addressed and may contain information that is confidential, legally privileged, and/or exempt from disclosure under applicable
law. If you are not the intended recipient, you are hereby notified that any unauthorized review, forwarding, printing, copying, distribution, or use of this
transmission or the information it contains is strictly prohibited. A misdirected transmittal of this email does not constitute waiver of any applicable privilege.
If you received this transmission in error, please immediately notify the sender and delete the original transmission and its attachments. Notwithstanding
the foregoing, sender and receiver should be aware that all incoming and outgoing emails may be subject to the Colorado Open Records Act, C.R.S. 24-
72-200.1 et seq. Thank you.
Page 10 of 26
2 attachments
3260 Road Landowners.pdf
449K
3260 Rd Private Road Maintenance Covenant.pdf
151K
Page 11 of 26
Kate Kelly <[email protected]>
SUB20-010 Tribble Subdivision - Extension Letter
Kate Kelly <[email protected]>Tue, Aug 2, 2022 at 10:51 AM
To: Courtney Rodwell <>
Cc: Kim Henderson <[email protected]>
Good Morning Courtney,
Thank you for reaching out. As stated in the letter and email that were sent to Seth on July 8th, the Board of County
Commissioners voted to extend this application to August 2, 2022. This extension was to be the final extension.
However, Staff is taking this application, among others, to the Board on August 30, 2022. Therefore, you have an
extension until then to complete the Road Maintenance Agreement. With that being said, as this is the final piece that is
needed to complete condition compliance, staff is willing to take the Final Plat to the Board on August 30th for approval
without the agreement (if it cannot be completed by said date). However, if the Board approves the Final Plat, staff will
not record the plat until the Road Maintenance Agreement is signed and notarized (completed) by all required parties.
What this means is that even though the Board might approve the Final Plat, the application will not be finalized until the
Plat, Deeds, and Agreement are all recorded; meaning, that Lot 2 cannot be sold until all documents are recorded and the
parcel is created.
If you have any questions, please let me know.
Regards,
Kate
[Quoted text hidden]
Kate Kelly
Planner I
295 W 6th Street
Delta