Gunnison County Board of Commissioners Regular Meeting Minutes (2)

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GUNNISON COUNTY BOARD OF COMMISSIONERS Page 3 of 17 ownership by the County. The property owner has said they will object to the County placing the pipe in the easement. This potential objection could jeopardize funding of the project. Public Works Director Crosby said she spoke with Rural Development about their funding and was advised that they will not release funds if there is any contention. As a result, she now recommends phasing the North Gunnison sewer line extension, with the North Valley subdivision portion being phase 2. This will enable the County to move forward with the main line. County Attorney Baumgarten suggested that he contact each property owner adjacent to County Road 10, and request a legally binding agreement from each indicating that they will not contest the sewer line installation in the road right -of -way. If each property owner does not provide that agreement, a declaratory judgment lawsuit should be initiated. He is reluctant to proceed in this manner, but it is the only way to assure the project's funding and construction. He estimated the costs of the potential litigation to be $10,000 - $50,000. The work would be performed by county staff. Commissioner Starr asked if the North Valley extension could be included in the current project, if there was no opposition. Public Works Director Crosby responded that North Valley is part of the initial proposal but construction depends on the funding amount received. As a phase 2 project, funds could be requested again from Rural Development for that portion. County Attorney Baumgarten does not recommend jeopardizing the relationship with the County's funding partners by including North Valley in the first phase if there is any possibility of a property owner contesting the construction. Nancy Kovach of North Valley Subdivision spoke about the need for the sewer line to extend to that development's thirty families because of existing sewer problems identified by the Colorado Department of Health. Phyllis Guerrieri said that the County has in the past made promises to the Guerrieri family regarding maintenance and improvements to their private roads as a result of their allowing the County to reconstruct County Road 10 in a different location on the Guerrieri property. She said that a written agreement was never signed between the County and the Guerrieris. Public Works Director Crosby said that she previously researched the records on this matter and did not find any reference or discussion in Board Minutes or other documents. Chairperson Field commented that the road to Bill Guerrieri's and to Phyllis Guerrieri's was paved before he became a County Commissioner. County Attorney Baumgarten will contact the property owners along County Road 10, request the legal agreement discussed earlier, and will report back to the Board at the next regular meeting. GUNNISON ARTS CENTER: Public Works Director Crosby summarized a request from the Gunnison Arts Center for removal of the old parking lot to allow for new landscaping. Public Works can do the asphalt removal this spring during its slow time. The County's cost would be $1200 -1500, but this would be offered as an in -kind donation. Public Works Director Crosby recommends proceeding with this project. The Board concurred. BREAK: The meeting recessed for a break from 9:45 to 10:05 a.m. SPECIAL COUNSEL COSTS: County Manager DeVore reported that special counsel Barbara Greene has submitted an invoice in the amount of $15,000, for services provided primarily for the development of oil and gas regulations and the BDS litigation. The County Attorney's budget for outside counsel for 2003 is less than this amount. County Manager http : / /www.co.gunnison.co.us /BOCC /minutes /20030304nm.html 6/6/2003