Board of County Commissioners Regular and Meetings - Special Meeting

We always start with the Pledge of Allegiance and the moment of silence.

Pledge of Allegiance to the flag of the United States of America and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

Should we start including rain dances in our agenda?

Yes. Let's see.

You've got approval of the agenda. I would like to make a motion to approve the agenda.

I will second that motion. Do we vote?

Aye.

Aye. Aye. Next up is community information items. Kelsey, would you like to start?

I have none. Thank you.

I have so many, so I will try and trim this down. It's mainly related to the thing we all see on the horizon every single day for the last week and a little bit longer. I just first off want to express my sincere gratitude to the Southwest Incident Command Team 4 and all the other wildland fire crews joining them here in our county. Absolute heroes to us here and I can't express my gratitude enough. Words don't even cut it. And we'll be looking for even more meaningful ways moving forward to show those guys how much we appreciate them and how much it means to us that they're helping us here. Next is The amount of information that's being pushed out right now, there's a lot of it. And there's also a lot of folks with questions out there. Please take a good look at all the links that are available. The Willow Fire Facebook page has links to all the Southwest Incident Management Team's videos. There's a lot of information out there. And the more information and the more things, the more you hear these guys talk, And it's really it really helps fill the voids that not knowing something can create. So just, you know, spend the time comb through those videos, really listen to what these guys are talking about, because a lot of these questions have been answered by by the crews that are here. And I'm really grateful for them to them for putting all this information out there. It is a bit of information overload, and I know that can be overwhelming at times, but it's it's good to know you know all the details especially if you're living with uncertainty daily like a lot of us are i also want to just shout out loud how impressed i am with our local first responders emergency crews and county staff these people have been working non-stop for the last week the amount of hours that are being put in by Your county staff and these emergency crews and local first responders is just unreal and I am humbled and so proud to work alongside these folks every day. It's it's impressive. Lastly, you know you see this posted around quite a bit, but in case you haven't take deep breaths. take care of yourself, slow down, you know, be thoughtful about what you're doing on the daily and, um, have some confidence and have some faith like this. We're going to get through this, this fire and we're going to learn from it and we're going to come back better and stronger on the other side of this thing. So that's all I got.

Couldn't have said it better myself, Andy. Thanks. Thank you for that. That's great. Let's see. Next up is meeting recordings are available. This is a reminder. Our work sessions and our regular meetings are recorded and available at the Lake County Government YouTube channel. They are transcribed and indexed. The recordings can be watched at a time that's best for you. Subscribe and stay informed on county decisions. Next up, we have public comments. They are available for residents wishing to speak on an agenda item or another issue not on the agenda. To make a public comment, residents may request to speak by raising your hand in person, using the raise hand feature in Zoom, or sending a message in chat. The chair will call on the public in order. Comment is limited to three minutes. not including board questions. Action, if required, will be assigned to county staff. The chair may also ask that the public comment on specific items on the agenda be held for later in the meeting. In certain instances, public comment will not be accepted, such as on public hearing items noted on the agenda. Anybody in the room have a public comment? Seeing none, we'll move to online. Anybody online like to make a public comment, you can raise your hand. Seeing none, we will move on to item number one, discussion and consideration of resolution 2026-27, a resolution extending the temporary moratorium imposed by resolution 2026-06 on the submission, acceptance, processing, or approval of any new land use application for group camp, vacation lodge, RV park, campground, private resort, guest ranch, special event facility, or major entertainment event indoors or outdoors within unincorporated Lake County. For an additional 60 days due to a declared disaster emergency, this will be informed and led by Anne Snyder, director of community planning and development.

This is really not the ask that we wanted to have to bring to the board. We've done substantial work on the moratorium, but really we are at a stage that we were getting ready this week to have post-public engagement and really lean into our draft code with our emergency service providers. And so that being highly compromised at this time, we think it's in the best interest of the work to have this additional time so that we can meaningfully engage with both of these stakeholder groups before perfecting this code. It allows us additional time to work with legal and really fine tune what we have coming forward. We've already been really successful in speaking with public health and natural resources and economic development and tourism. So they have really helped us and informed this work. We've received public comment on our online portal that we're also putting into this work. And so we have quite a bit accomplished and we were set to make the deadlines of the moratorium but we would have had to notice the public hearing last week with the uncertainty of all that is transpiring right now. We're just humbly asking if we can extend this for 60 days in light of what the current events are and think that this will just strengthen the eventual outcome of this current. Easy, yes.

I appreciate how hard you all are working to meet that deadline. I know we had talked about potential extensions and not for months. And I really appreciate all the work that you all did put into this. I'm sorry about the timing that you ended up having to ask for one in the end.

Us too. Yeah. So thank you for recognizing that. We really appreciate it. Melissa has worked very hard, the two of us, as well as all the stakeholders that we've engaged with. So yeah, substantial works are done, but we'll just progress. in a really well designed county.

I'll move to adopt Resolution 2026-27, a resolution extending the temporary moratorium imposed by Resolution 2026-06 on the submission, acceptance, processing, or approval of any new land use application for group camp, vacation lodge, RV park, and campground. private resort, guest ranch, special event facility, or major entertainment event indoors or outdoors within unincorporated Lake County for an additional 60 days due to a declared disaster emergency.

I will second that. Two vote.

Aye. Aye. Aye.

Thanks you all. Thank you guys, good luck. Item number two, discussion and consideration of resolution 2026-28.

resolution ratifying and confirming the imposition of a stage 2 fire ban restrictions within Lake County this will be led by Josh probably yeah yeah so yeah just the background on this is the as the fire warden the sheriff did declare the stage 2 fire restrictions effective June 24th the way the policy is written is that the board needs to ratify that and based on the active wildfire situation we had to We had to postpone the ratification of that. So this is very simply that formal ratification of those stage two restrictions.

No questions here. I think you should be aware of, maybe right if you are, just to flag it, is the limitation on the recreational shooting. Yeah, that was something. That is not always included with stage two. This is just an extra layer. It's an extra layer that the sheriff added. The ordinance allows the sheriff and you all to add those extra conditions based upon what's occurring.

Yeah, I don't think there's a such thing right now as being too careful.

Thank you.

I will make a motion to approve Resolution 2026-28, a resolution ratifying and confirming the imposition of Stage 2 fire restrictions within Lake County, including added changes.

Second, it's not what it says. Does that matter? The actual title of the resolution?

I think the added changes are in the resolution.

Oh, they are already? Okay.

So I will make a motion to approve Resolution 2026-28, a resolution ratifying and confirming the imposition of Stage 2 fire restrictions within Lake County.

Okay, I'm sorry, Andy, I'm just going to ask, that's not what's actually on the resolution. It says resolution 2026-28, a resolution ratifying the imposition of stage two fire restrictions in the unincorporated areas of Lake County, Colorado.

My PDF of the agenda has the wording I just said.

I know, I'm looking at the actual resolution, and I'm just wondering Does that matter?

It's kind of six and a half dozen, yeah.

If I like it, I just didn't wanna mess it up, that's all. I'll second it.

Okay, moving on to number three, resolution 2026-29, a resolution adopting the Lake County Master Deed Restriction governing affordable housing units. This will be led by Matt Hobbs, our county attorney.

Okay, and first I want to just apologize for getting this too late because this is a big, big item. Probably haven't had much time to digest it, but we do have some time here today to kind of work through it and just, you know, deal with the issues that sort of I identified. You know, Michael Yarman's here, who has substantial, you all know Michael, has substantial experience in this area. Jackie's joined us as well, and that's here as well. So I think probably the easiest thing to do is to look at my memo and the draft red lines you have and sort of work through. Let me sort of highlight what I've done and changes I've made. And then we can, you know, there's some discussion points I think we need some direction on and some clarification on how the board wants to set this up. You know, the master deed restriction, it'll be recorded in Berkeley II. take a step back and get this right, you know, and really dial it in and put a little bit of pause on things, but things have been kind of paused by other issues and events, so I think we're still, the timing's still okay. So there is a lot of discrepancies between the master deed and the community housing guidelines. That was the first, probably, Probably that was the overarching concern in a lot of these areas we identified. It's trying to bring the deed restrictions in alignment with the community housing guidelines. So the community housing guidelines, you all probably know, were adopted by the RHA. And those can be amended. The deed restriction, once it's in place, it's much harder to amend a deed restriction. So, to the extent you want flexibility in your deed restriction, which is how I kind of set this up, is I refer to the community housing guidelines, which allows, those can be changed through the board, the Leadville Lake County Regional Housing Authority. The deed restriction, like I said, can't be changed very easily once it's recorded. That was the first thing. The second thing, you know, getting the property that's being encumbered by the state restriction right. You know, initially the draft I had only had the four units on 6th Street on it. So, as you know, two of those units are being encumbered by state restrictions. These four will be encumbered by the county's restrictions, and they also include the 3rd Street. these deed restrictions the community housing guidelines discourage lottery based resales so that's one probably pretty big issue we need to hammer out whether you guys want to do that the deed restriction I reviewed required a lottery based resale so again I brought this into alignment with the community housing guidelines. Whether you guys want to have a lottery-based resale, we can certainly have that discussion. So there was just some typos we cleaned up. I think the legal description was probably the largest one. The acknowledgment form in Exhibit B, we're going to clean up as well. Usually when you have an acknowledgment form, It's really just one party acknowledging the deed restriction. The way this was originally drafted, it required the chair of the BOCC to also sign it too and just added an extra administrative hurdle that I didn't think was necessary. So we kind of cleaned that up and it's just, you know, whoever buys these properties needs to sign this acknowledgement form. We haven't had time yet to take this back and forth with the RHA. So the resolution is sort of drafted to give us that additional time to let them take a look at these things. Because the way this is drafted, my understanding, talking with Jackie, the way it was intended to be set up is the RHA is really going to be the party enforcing these deed restrictions. a whole section 18 that wasn't in there before that really delegates authority to the RHA and sort of makes them a third-party beneficiary of these deed restrictions to enforce them, or if they're not around, a successor entity or whoever they designates. So the first thing, I think, is just getting some clarity from you all on this issue of there's qualified buyers, there's qualified owner residents, there's qualified owners. These are all various definitions of who's allowed to buy these properties. And Michael or Jackie, feel free to interject at any point in time as well if I'm misstating something. And there was just a little bit of ambiguity in terms of what that meant in terms of the qualified owner-resident. It seems like the intent, looking at the community housing guidelines, is that folks needed to reside here and work either in Chaffey, Lake, Eagle, or Summit County.

And I just want to make sure that's sort of the intent of you all. It certainly follows the community housing guidelines.

But it wasn't super clear in the initial draft I reviewed, so claim that up.

Yeah, qualified employees regionally is the... Sorry.

Go ahead. I'm sorry. I didn't mean to cut you off.

A lot of the conversations in the beginning were about qualified buyers regionally, qualified employment regionally. So I would stick with that. Okay.

Yeah, I would just add, you know, I appreciate that Matt did a deep dive into this because I would echo what he's saying and that the deed restriction, it's really, I don't want to say it's impossible, but it's very, very cumbersome to, once this thing is recorded, to ever make changes to it, unlike the community guidelines. I would echo what Matt is saying, that a lot of these changes are cadence issues and that We had the de-restriction drafted and then the board adopted the guidelines. So I appreciate. Matt, going back and making sure that the housing authorities, like the lottery change was something that the board made a change on after the deed restriction was drafted as a good example. And then the final piece is around the title work. We just recorded, I think on Friday, the final townhome plat, which is the new legal description for the properties. So a lot of that, you know, you have to actually have the foundations and the buildings up, put a party wall in to actually do that plat. So there's a lot of this, a lot of the match changes are due to cadence of events occurring and getting this to where it needs to be. And then, Matt, I think you did an excellent job of explaining just the assignment of authority and this restriction. And then the event that the housing authority is ever dissolved, which we're actually, which in Gunnison County, I'm actually dealing with that with Mount Crested Butte because they no longer have a regional housing authority. Matt's additions in here, I think, really go the extra mile to ensure that. That that is very clearly explained that the delegation goes back to the county. So I really appreciate Matt spending the time to get that in here. Now that I'm living at firsthand with another client. So, again, I would just echo that the things that Matt has in here really clean this up and that. A majority of this is due to just kind of the cadence of events of having to get the units on the ground and then also the adoption of the guidelines after the fact of the de-restriction.

Can I ask a technical question? Sure. In trying to research like who does, especially with your question, I think number four about CPI and the percentage gaps. in trying to research that, it seems like especially in Aspen and County, every time they've got all these old deed restrictions that are still on the books, like from 40, 50 years ago. And now when some of those homes are sold, they can, their housing authority can implement a new deed restriction on that home. And I was just wondering, like, I want to get this clean. I'm here for it. This is really just a technical question. Is that some, can you explain a little bit about that, how you can implement a deed restriction, even if something's into perpetuity?

I can answer that question.

This is a great question. So once a deed restriction, once it's recorded with the current owner, it's pretty much rock because a lender would have to, because if the bottom of the deed restriction, there's a lien holder consent. And I dealt with this a bunch because the Dobbs-Franklin Act actually reshaped the lending market in the Obama administration on deed restrictions. They used to survive foreclosure, for instance, is kind of the big thing. And if you had that old deed restriction like you're talking about in Aspen or in Crested Butte, which I had, those are unlendable now. And so what happens is your opportunity to ever really address or change a deed restriction is when buyers transfer the deed restriction because you're re-recording the title, but that acknowledgement form is being redone. So what actually happens is if you do want to make changes or institute changes because of, for instance, the Donald Franklin Act is like the big thing around deed restrictions in 2012. Yeah. When you had to do that, you actually have to repeal at the time of closing, the board would repeal this existing off that piece of property and have to rerecord a new one, updated the clean title. And so you would have an order or you guys do resolutions. You have a resolution basically repealing this restriction and replacing it with a new one that would be meeting that regulatory framework at the time. And then the second piece of your question, which I think is important, is like, how is that resale price set? And kind of the CPI and the 2% is kind of where you're going with that. So on that acknowledgement form at the bottom, which is exhibit, sorry, let me find it on my copy here. Exhibit B. Exhibit B. There's a line in there that we will fill out for every time of every sale that basically sets that initial price. And that's recorded, you know, basically same time as the lien that the bank records. So that's when that date and time is the recording copy is when all that gets set in motion.

Oh, cool. Thank you.

Yep, no problem.

And I probably want to, so the resolution, I love it. that I've sort of prepared allows us to make some additional changes or county attorney based on this conversation. Also, I think it's probably worth, to your point, building something explicit in the deed restriction that allows that to happen in the future. Because I don't think it's in there right now. But I think you can do it. It's just it would be better to have some clarity that, hey, conditions have changed, we're going to repeal and reinstate a new one, or some sort of acknowledgement that that could occur. Again, it's going to be a new owner that comes in if that happens. So I think it would be helpful to have that clearly stated. Me too.

A lot of these new restrictions that I was reading about have expiration dates on them. And we're specifically trying to avoid expiration dates to release this investment back into the market. And so if there's a way that we can build that in so that future RHAs or boards can flex to current conditions other than our cap that we're implementing, that would be really valuable. Thank you, Matt.

Matt, I actually think that's a great idea. Again, it's hard to use. Mount Crest Abuse is dealing with a situation where they have units that have outpriced themselves and the county or the town is trying to buy them back, but because they're not a qualified buyer, the seller's attorneys are, again, a little more of a community, but the seller's attorneys are saying, no, no, no, the town can't buy it. And it's like, well, we own the deed restriction. So I actually have... I actually like this comment because it does, we could, we could put in something along. The lines of that, that, you know, the has the authority to amend the leaders or rerecord and replace, we'll be able to replace the restriction. Based on regulatory changes, but sometimes that's going to scare lenders off, but also give. give the county the ability to, if they have to, step in, purchase, and then rerecord, and then sell again. So I'll talk with you offline on this, but I think that's actually another paragraph that only strengthens the deed restriction.

OK. I'm looking at page three of my memo now. The permitted occupants in Section 1A of the deed restriction is less restrictive than the community housing guidelines. So it's OK with you. I mean, the community housing guidelines can change, but this can't. So if you want them to be less restrictive,

Because the community guidelines narrowed it so that it could barely be multigenerational. And it was a whole conversation with the regional housing authority. And I know that the regional housing authority is pretty behind getting our guidelines updated. We're trying to get the MOU, bylaws, community guidelines updated. But I think they're way out of. The broader occupancy definition would be more valuable.

Okay.

Then we'll leave that alone and leave it broader and the guidelines can be adjusted that we've talked about if they want to broaden that. Number three in my memo, you know, you sort of leave this essential service provider category undefined.

It's not really clear what that is.

You know, I think we can all guess at what that is intended to mean, but that's where lawyers start to argue, and you end up in lawsuits, and then the court decides what it means. But better to be clear what that means, or I didn't find it defined anywhere in the guidelines either.

What are the downsides to leaving this as a case-by-case determination by the housing authority?

Well, I think you'd want to spell that out, that that's the case, that we're going to leave it to the housing authority to make that determination, but I wouldn't just leave it open-ended. The essential service provider, I mean, anybody could come in and make that argument essentially that they have an essential service provider.

I'm being clear that it's up to the regional housing authority to set that.

Okay. But if I'm hearing this correctly, you're saying that still leaves us open to risk or litigation or things of that nature, or would that just be all on the housing authority at that point? Yeah, I mean, I think it would be on the housing authority at that point to make that determination. I like the idea that It can be determined by the housing authority. case by case, because there are it's a essential service provider can be a little bit fluid you know there's different. emerging technologies things that hospital might may need in the future, you know there's stuff that will become essential that we haven't thought of today and I don't know how far in the future that goes, but you know it's sort of. more adaptable that can be to changing technologies and things of that nature seems like a better idea to me.

Yeah, I like that. I think they should be in charge. Okay, we'll make that adjustment. The CPI formula, this one probably I'm going to need Michael's help with because it's fairly fairly complicated and this goes to Exhibit B that acknowledgement form sort of sets this maximum resale price to lesser of this purchase price plus 2% per year formula and I sort of added language in there that attracts the 2% per year formula found in the guidelines which allows them to allow you know add things like improvements if they had a you know, a special assessment from a taxing district or something like that as well.

There's a couple other things I can't remember. Or this sort of CPI index calculation.

And, you know, again, this is a big one, so I just wanted to confirm that's the direction you want to go with setting the resale of these prices because that's really the row of this whole thing, right?

This only affects the maximum resale price. It doesn't change anything on the other side. Say we encounter a housing price correction. type of market where things come down, that's not hindered at all, correct? I don't think so.

Michael, maybe you can chime in on this one.

There is in the guidelines, you'll see there's no guarantee that you get your maximum resale price. It's in multiple places there. This is just a cap. And I can tell you, for instance, a prime example is someone doesn't take care of their unit. I've actually, I've had the inverse of this where someone's trashed their unit. Actually, it's mostly a foreclosure type of situation where they were like, well, my unit's worth. And I'm like, no, you tore out the drywall and you tore out the appliances. they're possibly $75,000 a fixture unit. It's not worth the maximum resale price. So it doesn't guarantee in that it just caps it at that. And then the CPI, the CPI or one or 2%, I can tell you, at least in my experience with this, it's always a 2% cap. The CPI inflation, as we all know, has gone way over in the last 10 years and 2%. So it's, CPI, I would, unless things would drastically change, which I don't have a crystal ball and inflation, you know, really stalls out. It's really just a, a governor on inflation and CPI. Cool. Thanks.

Should there be some sort of, I mean, in 20 years, somebody is going to have to replace the roof in 25 years. They're going to redo the kitchen and new carpet every 10 years. That should be tracked and documented.

The guidelines allow that to be added in addition to the 2%.

You know, and I think this is probably Jackie, looking at Jackie, a Becky exercise two of talking, you know, I, this is certainly something that I can give Becky as guidance. I created spreadsheets for every unit right off the bat when we sold the property and we put in that initial price with a Excel formula that tracks it by entering just the years and months. And then we also have in that spreadsheet, What a homeowner has to do, Matt, to your point, is they have to keep their receipts, right? And what I would, I mean, again, Crested View is a really small community, just like Leadville. I was very upfront with, you know, I lived in the neighborhood. I was like, if you're doing something that you want... when you're done with your home improvement project, bring all your receipts to me immediately. We'll get them into that spreadsheet so you don't lose track of them. Again, there are folks that are always going to be really dialed in on that. You're going to have the one person who does it and waits 10 years and tries to find a Home Depot receipt 10 years later and Again, I also get just a perfect example. I got calls after someone moved into a home and they flushed a bunch of bacon grease down their pipes and were like, come fix it. I'm like, I'm not your landlord. I'm like, you own a home now. Then they do some home ownership stuff that is essential for saying that they now own a home and this is their responsibility if they want to get that maximum value out of it and just being transparent with them about getting the receipts over the housing authority and having that done.

OK, so it sounds like we're good on that one. The last one is just sort of informational. Again, it's more of a cleaning up thing to make sure different sections are talking to each other and making sure that the housing authority has the ability to enforce this thing. There was one other thing we added to Michael, myself, and Jackie's talk yesterday evening. In section 13, the option to purchase was limited to the county. So when an owner defaults, the county could step in and essentially buy out the loan that's on the property. We added the city and the housing authority as additional entities in there that could also step in and exercise the purchase option.

Questions? So with the buy down money that we put into this project, that's like, oh, we can't actually give that money to somebody else to do it. Is there a way that we can draft our way out of that in the future? If like the county has the money, but we want the regional housing authority to buy it, is there going to be something complicated where we can't give the regional housing authority the funds to do the thing?

Yeah, I think the buy-down stuff is kind of a unique situation. The option to purchase is going to be between whoever is exercising that option and the lender, so it's going to be entirely based on what their note is at the time. Yeah, they're separate issues, I think. And maybe Michael, maybe I'm not doing a good job explaining it.

And again, I keep using the Gunnison Valley, but that's where I worked for and had to deal with this situation. When you have a foreclosure, that 45-day window goes very, very fast. Not that the city wouldn't be a great partner, and they should be if they're able to step in immediately and do that. It's really going to be the first. It's all kind of an all-hands-on-deck when you deal with a foreclosure. Three I dealt with in my career, I literally stopped doing everything for 45 days, and that was my sole purpose in life was dealing with all of the all of the things I had to do to get checks cut and everything. And as you know, when you make an expenditure of that amount, because you're only paying off the lien, not the price of the house, right? So you're making the bank pool. So there's always going to be less the original purchase price. But I mean, we would have to have an emergency meeting of city council to approve them cutting the check. for me to run up to the courthouse and get it to the bank just because it was a $300,000 expenditure to get that situation. And what this does is afford the housing authority, the city, to also be able to be one of those entities that comes in and deals with that situation. So I will tell you, we had a situation in the Gunnison Valley in 08 before I started there. when there was a lot of these that occurred all at one time when the market bubble popped. And because, for instance, county did not have anybody else's ability, they ran out of funds to step in on a couple, like seven of their deed restrictions because the price was just too high and everyone was, you know, there was a lot going on. and so this was like a lesson learned like the housing authority had they had the ability probably would have gone in the reserves and helped step in that to backfill to keep these demonstrations in place so it just gives you additional purchase power in the event of a kind of a big market downturn or something like that okay thank you that makes sense yeah thank you um

I think that's really all the areas we need a direction on.

I think between the two options for motions, I kind of like the first one based on what we're talking about here.

Before we go to a motion, can I just ask about the resale part of this and why lotteries are discouraged and what if you go through the whole process and there's three qualified buyers? Then what happens? I know in Frisco, the homeowners can choose who buys their house, which seems pretty problematic.

Yeah, I think this is a point that Michael and I sort of debated yesterday. Yeah, that's where I think it's up to you guys to make the call on that in terms of how you want to do it. But I was just following what's in the community housing guidelines and how they're written, is that they state lotteries are discouraged. I think probably the reason is that they potentially slow down the resale process. I don't know, but maybe Michael can add some context to that.

The one thing I will say is that the way it's currently drafted, the guidelines can be changed to require that. Right now. So, so the way Matt has drafted this it matches the guidelines, but it says, if the board, the housing authority board elects to change that and require a lottery, then the community guidelines would dictate the resale. So there is the, the ability for the regional housing authority to go to a lottery system. I am contrary to the advice that that board received from a different consultant at the time that when they drafted this. So I disagree with that, but I also see that the important thing about the draft you're considering today is that the way it's worded, it's up to the regional housing authority to make that decision. And what Matt has inserted in there is to match what currently is adopted in the guidelines as of today. I personally would tell you to do a lottery. Yes, it is more time-consumptive, but again, the board at the time, I know that was in the original draft that I created, but then the board it says i'm not privy to the whole discussion that board had i'm going to kind of step back from that conversation and say i think if it's something that the board wants to address in the future and maybe reconsider the the way this is drafted allows for that which is important Not really like, again, because you guys are leaning on the housing authority to do the resale and administer that. That's really going to be that for discussion, because I think it really comes down to a capacity issue out for that board of whether they want to take on having to do a lottery or not.

So, how does that work if you have pre qualified buyers in the lottery? Draw straws or isn't there?

Sorry go ahead.

Michael.

No, I believe the way it's currently drafted is the seller makes the decision on the buyer.

That's an opportunity for some under the table stuff, which happens in Frisco all the time. Cash deals, boat trips, trips to Europe, so I don't know.

This is why we got to go back to our guidelines as a regional housing authority.

I, Matt, I'll tell you that because the draft that you're seeing is really based off of a lot of work I did in Crested Butte and the change now back from a lottery to this. The first resale I had in Crested Butte, the seller admitted to me to actually doing exactly what you just described. And I was like, that's never, I mean, in a small town, it got around to me immediately immediately. And I was like, that was not OK. And they're like, well, nothing prohibited me from doing it. I'm like, wow. So I think it's really a board discussion. I think now that you guys have Becky. there that can be you know i think that a lot of that was based just at the moment when you guys were adopting this on capacity and whether you guys were going to have an executive director to do it like to actually do the work of a lottery um and so i think that's a board discussion worth having again the way matt has this drafted allows that if that change is in place that the resale is dictated by the guidelines. And Matt, please correct me if I misstate that.

Yeah, I think that's right. But I also think you all have the authority to push that issue if you want to and put it in your deed restriction. We're going to require a lottery if this situation occurs. If there's more than one qualified buyer, it's going to be a lottery process to address your concern. That's certainly your prerogative to put that in the deed restriction. The housing authority is just going to have to follow that.

Would it be a blind lottery? Because if you have three buyers and the seller knew all three, he could solicit whatever he wanted, just behind the scenes.

Well, it would have to be the housing authority administering the lottery, whether it's a common pick straws or whatever, flip a coin if there's two people, some lottery process. It's hopefully transparent.

30 years from now when houses are $5 million and these are still $400 or whatever, it's going to get really competitive, like it is in Frisco. Yeah, sure. Try and cut down on the opportunities for malfeasance.

What I've learned about this situation, and I could be wrong here, because this is something that we came into when the ball was already rolling. I'm not an expert in this area, but I feel like the intention with these homes is that they're targeted to a real specific need. And people who make a certain amount of money, their AMI numbers are pretty specific. Their work locations are pretty specific. And these things seem like they have different layers of kind of a bullseye. Is anyone ever set it up so that whoever best fits the criteria that these homes are intended to go towards is the person who is first in consideration. Like say you work in Lake county versus working in summit county like that would be one criteria that is sort of this is for like a weighted lottery yeah like. Or just like, it wouldn't need to be a lottery if someone checks more boxes than someone else. Has that ever been implemented in any other projects you're aware of, Michael?

yeah i i mean we so there has been a change in this though so yes in previous seasons is a two-part answering enough sorry to be ambiguous here but fair housing though has come in to play a little bit more um recent years around the tiered system and so the the the employment He needs to be broad enough. that basically the way it works is under the fair housing, because you receive state funding, the state allowed, I believe, because the county has contributed contribution based on the total project cost was 25% of the 25% could be like set aside. But because we're talking about resale, my advice to you is to stick with the qualified owner buyer. definition that is what Matt has drafted in the deed restriction. And then to do a true lottery, if you want to go to this lottery based system, which I'm trying to read the room here, it sounds like you're leaning in that direction. What happens is you advertise the way this really plays out. I'll just kind of give you a scenario. Someone is ready to sell their house. If you require a lottery, they go to the housing authority. They say, hey, I'm ready to sell my house. What's my next sales price? They get that information. You list it for 30 days. And then if in the first 30 days, in Matt's example, you get three folks that meet this definition of qualified buyer. What I always did was I had a actual lottery in city hall where the mayor would come and we'd have names in a spinner and they would just reach their hand in and pull out the person who got the unit. That's what we move to in Crested Butte. But I would be careful. I know we spent a lot of time in the community guidelines. And again, I wasn't privy to that conversation around the tiered system. The fair housing landscape around this, because housing has become such an issue in Colorado, has really kind of discouraged trying to do what you're what you're kind of doing is like creating a layered tier system and just kind of just saying if you're in this bubble you need it and then the only other thing too to think about is and this is something I dealt with in Pressubute but again way ahead of their time in the 90s that the planner before me like tried to build like a topia community in each project where he was like five buyers will be 80 five buyers will be 100 five buyers will be 120 and that actually caused a lot of waves with the lending community because they were like we're a town of 1500 people how many of these five buyers are really this so i think having a little bit of bigger net for that for that owner actually benefits them too because they're trying to get out of town and move on with their life as well

Okay. Thank you for using those terms. That simplifies it. Tiered system might kind of make sense on the surface, but introduces more complications that could really be problematic down the road. Is that basically what you're saying?

Yes.

Okay. And the other piece of this is once we're done here and get some direction from you all, this will need to go to the lenders, and actually you'll need to look out and make sure, hey, we're going to be okay with lending on these restrictions.

what's the timeline on this essentially this just this just needs to be recorded prior to the first sale of the property so i think uh you know with the emergency those are probably gonna push out a little bit i'm in favor of the lottery system just because of the opportunities for you know, under the table stuff. These things could be really valuable in 20, 30 years. And I don't think the homeowner should be able to pick the buyer. I mean, in the future, like in Frisco, the buyers are gonna be trust funders who work four days a week teaching skiing, you know? It's not gonna be your waiter or your ambulance driver. That's a valid point.

They don't check the earning income?

No, I think you have to work 37 hours a week in the county. What I'm saying is you could be a ski instructor like a friend of mine who has a trust fund a mile deep.

check unearned income like a trust fund would be unearned income i don't think so there are in the guidelines there are asset limits oh really yeah i'm jackie tell me sorry i don't i don't think that that got taken out right that was the asset limit is still in there yeah we look at it i don't remember But the guidelines that I sent along, there is a maximum asset limit so that you can't have a million dollars sitting in the bank. Like a, sorry, I don't have a lot of money, so I don't really know what these things are called, but something where I'm getting my dividend payment, you know, once a month from my stock exchange that I can keep skiing because I don't have to worry about the things that life throw at me. You know, what kind of what you're trying to say, there are asset limits to a buyer they disclose when they go through the qualification process to buy. And so that is capped.

I'm a fan of the lottery, too. I think whether we do it here through the deed restriction or we leave it to the regional housing authority to do it through their guidelines, I think that that's going to happen. So I don't care which avenue we choose. But I am, of course, in favor of the lottery.

Then I trust you guys being members of the housing authority to implement that. I don't need to do it here. State my intent, my intent.

I mean, if it's something you don't want, you never know what another board's going to do. We can put it in here, yeah. I would encourage you to just do it here.

And let the housing authority iron out the details? Yeah. OK.

They'll have to do it no matter what. Whether it's through their guidelines or through RV restrictions, they'll have to implement the lottery.

OK. I'll take enough advice. We should put that in there.

Great.

I think that's important.

Awesome. Then I'm going to choose, does it matter which one I choose really, Matt? Should I choose the alternative since we're adding that lottery and that wasn't in the? I'll just look at it real quick.

The first one seems like it makes it easier on staff

Yeah, I mean, it's subject to the discussion points, and you could probably add subject to the discussion points identified in the county's memorandum and as directed by the Board of County Commissioners after that first concert out there.

And as directed by the county commissioners? Yeah. Okay. Then I move to approve the master deed restriction as presented, subject to the discussion points identified in the county attorney's memorandum and as directed by the BOCC, and to authorize the county attorney's office in consultation with the Lake County Regional Housing Authority to make non-substantive technical or confirming revisions to the document as needed to finalize it for execution and recording, provided that any substantive change is brought back to the board for further direction.

I'll second that. To vote. Aye.

Aye. Thanks for all for digging into that. Thank you, Matt. Thank you.

Thank you, guys. It's been a happy lift. So we appreciate your work on that. Thank you, Jackie. Thank you, Michael. Thanks, Michael.

I mean, honestly, I feel like this just proves like that. County staff are working really hard, despite and because there is a fire, so it feels like what today's meeting is all about.

Okay. can now move on to county attorney updates.

I've just been working to support the needs of the EEOC and their ongoing needs with contracts related to fire, emergency, and trying to keep ongoing business going in our office. We have some land use enforcement cases where we have return dates on summonses on Thursday, actually. I think there's two or three of them, maybe even four.

We haven't been able to get a couple of them served.

One lives here in Lake County, and we've kind of put a pause on that, given the sheriff some space to not deal with a civil service issue.

I was dealing with an emergency. Yeah, other than that, I think a lot of work's been done.

As you know, I've been trying to get these housing attend to projects across the finish line and get those to sale. I think we've found a solution to the other issue that was identified in terms of the down payment assistance. So I think that hurdle has been cleared as well.

Congratulations.

Well, thanks to Jackie who did a lot of work on that in terms of just working with lenders and the buyers and trying to call it something other than the down payment assistance to get them that money that we told them they would get but put it in a different bucket.

Amazing. Thank you, Jackie.

Wow. That's all I have.

Great. Thank you, Matt. Accounting manager updates.

I'm going to let Josh take this.

Okay. County Assistant Deputy Manager.

No, I will, yeah, I will do my best here and, as Candace added, add anything you need to to discussing things. I think we wanted to talk about a few things generally operationally related to the fire. I don't think we're giving Dan Campbell, our Emergency Management Director, a well-deserved break. He has not had a breath since this thing started and he's been going pretty consistently, 24-7. So he is out today. We have coverage now that the state has taken over control of the fire, which we all know that does open up some additional resources for us when we're already stretched pretty thin. So we're taking the guidance and advice from our state EOC partners with all the various agencies that are coordinating on this. Obviously the incident management team providing a great deal of support in terms of the active fire management and you're all into those briefings in the morning but as part of that and as part of the expansion to the state coverage of the fire we have just all kinds of additional resources available to us and an army of public information officers that are out on the street that are coordinating community meetings getting information out there and providing support to our local eoc We do have the community meeting tonight. I think everyone should have seen that invite, but it is at 6 p.m. again at the high school auditorium. So we do encourage as many people who are able to attend that. There is a virtual link for the meeting we held last week. We had, I think, about 500 people in the room and then close to 1,000 online. So those are a really effective way to get the messaging out. So I just want to talk about sort of a few things related to messaging. in terms of this particular topic area. We're doing as much to funnel all of the formal messaging through the Office of Emergency Management, and the majority of that messaging is coming with partnership with the Incident Command Teams. And so I know there's been a lot of questions that have come in to you directly. We're trying to field those, get those to the PIOs and create an FAQ that will help answer some of those common questions. So that is in the works. We're hoping that community meeting will be the opportunity to do that. But really, please continue directing everyone to OEM and to the county website because we are funneling everything into there. We have had some questions and concerns about the level of information that is being provided because there's a Facebook page for the fire, we've got communications coming from our federal and state partners, and that is just sort of natural in times like this when different jurisdictions are partnering on this. So we are trying to do our best to ensure that the communication is very clear on our website. We still have the splash page that has the most important and relevant resources for people. And so directing folks there, and then they can find their way to all the other pieces that they need. For people who really want to be involved in and hear the latest from all of those sources, more than welcome to sign up and get alerts from all those sources. But we are collectively at the county are encouraging people to use our official channels. A note about messaging in particular in the community meeting tonight. because the state and the incident command have control of that fire they've been very I think judicious about who they want speaking at these events and I know there was some question about whether there'd be opportunity for the VOCC to speak that invite came to I think we've got OEM Sheriff and Candace slated to speak on behalf of the county and I think I think what we wanted to chat about here today is like the sort of the shifting responsibilities as we are currently in the midst of disaster response. And then we move towards disaster recovery, and I think that is where the board specifically is going to play a huge role when we get into that recovery phase so. Obviously we're not there yet we don't have anything on the schedule, but I think we want to start having discussions about. You know, pulling together potential town halls at the county level once we sort of shift into that emergency. response excuse me recovery mode so I know we worked up to get some messaging out from the board by a Facebook by our website we'll have something printed in the paper the message that you all pulled together earlier this week but in terms of getting you know speaking at those events we really are relying on the state partners to give direction there and so we can continue to find those other ways to get messaging out from the board But really want to keep this up for you that once we get into to recovery mode it's kind of going to be all hands on deck will start to think about creative. ways and things we can do for the Community, if that makes sense anything to add.

I think it's just helpful and hopefully you guys can help message this to the Community, the goal of those Community meetings is to get detailed information out about. how we're still providing services. And that's from incident command, from OEM, and then any county staff. And just helping the community understand that those aren't town halls. And also, we're being invited to give information about how people can be responded to in terms of information at those. But ultimately, our federal partners The majority of this is on their property. We just happen to be adjacent to it. And we've worked with the state to take over the actual fire response on behalf of the county because they clearly have more firefighting resources than we do. And so I think it's helpful for the community to understand with those two entities involved, it's a little bit more of we're working with them to be a support in an incident that we're not necessarily in control of. I think that that's a point that I think if you could help community members understand that, it would be really helpful for us. They also have to understand when we're making tough calls, they're coming from direction and information from people who are professionals in fire response. So the calls that we're making at the county level, We're definitely informed by those experts in that field. We're not just sitting around figuring out how we feel about a situation. And I think that would be important for community members to understand that we are working with this management team and ultimately on our behalf to understand what direction do they want us to take in terms of hosting, not hosting, canceling, not canceling, you know, different items in the community. And that messaging coming from you all would be really helpful too.

Understood and relieved that I don't have to get up there and speak, because what are we going to say? We don't know anything compared to what they know.

To be honest, also, though, that messaging, Candice, are you going to? I think that's an important thing.

So just people want to be confused or think we're unfeeling. We clearly all care very much. You all are probably sick of me texting you all day and night and calling all day and night. No, not at all. But I don't think people understand the sheer level of engagement that you all have had since we started. And I want to communicate that to you.

Yeah. And I keep saying, hey, it's still in wilderness. This is still the Forest Service. A little bit on our ground. Yeah. For sure. And some on private property now, but like this is the Forest Service's fire and we are, we are with them in it, but they are in charge.

Yeah. We do have our hands full supporting our staff and making sure they have what they need to make the informed decisions that are going to keep this community safe. The last thing that our staff and the professionals here working on this fire need is me out there running my app and saying things that aren't exactly accurate or trying to speculate or tell someone how this is going to be and be wrong. And that's just going to hinder things. They don't want me out there with a garden hose and a chainsaw trying to fight this fire. I would be if I could, but I understand that that would be very problematic for the cause. So it's a tricky spot we're in right here.

Yeah, we have them built into talking points for this evening. We also plan to spend a fair bit of time talking about continuity of government operations generally. I think we all sort of mentioned it here. It's like we've got a lot of business to do for the county in addition to the fire. We have a lot of staff who are directly engaged in the emergency response effort right now. Others that are just continuing to carry on official services. And so I want to recognize sort of the distinctions between those two and that know everyone in their job description across the county could be called on to support an emergency response and just because they're not you know in this exact moment it doesn't mean that the work that they're doing is any less valuable to keeping things going here so we'll address that this evening as well as part of those those comments I think something else that a really great role for the OCC we are getting a lot of questions people want people want to help And they a lot of people don't know how right in the immediate moment. We have you know we've promoted and advertise that the lake county Community fund disaster really fund is is active. I think you've seen some emails on that first Community meeting had the qr code, you know up on a slide for people who are interested in donating that's that's probably the best place to centrally direct people who want to support but don't quite know how. Um, just for, for everyone's awareness that fund is managed by public health and the department of emergency management. And so in terms of how those funds ultimately get dispersed, that is within the purview of the county and thinking about how we want to come together to, to make those decisions is something we'll be bringing forward. Um, as we progress, I think at the moment, right, we're just gathering resources. Um, and, and, you know, the disbursement is not necessarily there yet, but we will build a plan for, for doing so. But that is a great resource for people who are looking to help.

There's some really cool seeds being planted right now about some fundraising efforts that will start to take shape in the days to come and I think that's where we're going to be able to really support further efforts in this recovery because the economic component is the unseen disaster that's looming and waiting and we're going to need to really get creative and think outside the box on how to support our local businesses and smooth over some of the damages that are happening, not on that hill, but here in town that aren't outward facing.

Yeah, and the fact that we do have state support and federal support right now, that could potentially bring some additional disaster recovery resources related to small business and economy. And so we're exploring those options right now. You know, we have seen a variety of people trying to set up sort of disparate ways to gather and collect donations. And we are trying to funnel everyone to the community fund because that is sort of a central location and vetted. We know that those decisions will be made by the county directly in terms of implementing those resources. But yes, to your point, definitely on everyone's radar and knowing that we've had to cancel some pretty big events, we know how that's gonna hit the business community and exploring resources there.

Great. Thank you, guys. This isn't just the business owners themselves. It's their employees. It's their staff, your neighbors. It's got a wide scope of effects.

Yeah, and on the order of continuing county operations, I think one of the things that's on our radar, we do have the Q2 supplementals coming. So we could use some guidance on a couple items that we had identified for that. and how you want to approach those.

I think we're aware of the ones that we already have the marching orders on. We'll pull all those together and bring back.

But the couple that we needed clarity on, we know that the repairs to the skate park, we've got some estimates on that. We need to know how you all want to proceed with that as a supplemental. And then there was the request from the advocates at the domestic violence work session. So we need to know a little bit of guidance on how to pull those together.

So just for context for you all to get them noticed, I just want to understand, do we want to continue to move this forward in this next round of supplementals? So we can notice them and then we do the decision-making piece of it, but we try to notice those. And so I just don't know from you all, do we want both of those items to move forward in this next round of supplementals?

What is the next? We have to notice that 14 days ahead, right?

We just want to know from you all, is that this round of supplementals? I just wanted to make sure, because we now have more things that we are paying for related to the fire. And just for you all to understand, and people to understand, when it's not our fire and resources are provided, there's a little bit of negotiation at the end of everything to figure out the shakeout of who pay the what, and we're being really conscientious to not resource things that we know are going to be expensive. But he ultimately has some things he makes calls on in the field that are not up to me, nor should they be. So I guess just knowing that we're spending money on this, do we need to wait and see where it can shake out, or do you want to go ahead and have discussions about this?

Let's just keep it on the thing and not make a decision. 10 days out from a fire starting. Because we can take them off when we actually have a discussion, would be my...

It's going to be tabled, yeah.

Yeah.

I'd like to see the skate park numbers and see that come through. I think the advocates should go through the normal process and ask during the process when everybody else is asking so that they're not getting special treatment. So I think it should be taken off. But I would be curious to see the skate park members and see if we can kind of fix what we have. That would be my two cents.

The process is there for a reason. And it can create, if we start opening the door for one ask, really complicate the future possibilities. So I agree with that.

Well then why wouldn't we just wait on the skate park too as part of the camp? Because we're already investing in that and it's one of our capital asset management things that we'd be looking at.

Because there's no established process for when we are looking at deferred maintenance. There's not a specific time when we're asking our own

departments to say hey this thing is broken it's going to cost us more if we don't fix it now this is it's a different subject i guess what i'm saying is that that is what the camp is that is our time to look at like these are all the things that are broken this is how much it'll cost to fix all of them how do we want to spend all of our money and prioritize those things isn't that the process that we've all established and invested in

Yeah, but there's one office in the skate park, in my opinion, is one of them. I think we should keep it on there, see what it costs, and then discuss it then.

If it hits numbers like it had in the past with previous boards, then I think it might get tabled because I've seen some of the estimates just go pretty wildly north of what a reasonable person would look at that and say, hey, here's... Here's just some patching up and some tiles. Shouldn't cost, you know, X amount of dollars.

Yeah, I'm happy to have the conversation. I want to have the conversation. I'm just, the reason for not having the violence prevention team supported in the way that they used to be, but then we changed the DA's budget, and so that got cut. And our local entity is saying, hey, we'd like to start this up again. Would you be willing to put any money back towards this? That's like, oh yeah, that is a little bit outside of the normal, hey, the advocates are trying to work on this thing. It's a community partner. That one feels a little one-off to me, just like the skate park could be argued. I'm just saying the argument for taking off the advocates doesn't make sense to me if we have invested in the camp and we have a process for dealing with deferred maintenance. I'm not against the skate park. I need you to hear that, like, I'm talking about the process the way you all want to talk about the process.

It goes a little more complicated than that, too, because the DA has also requested adding in more, you know, FTEs that are exactly aligned with what With violence prevention, so it almost now we're looking at duplicative services potentially happening and that to me doesn't feel like a responsible. thing to do as you know, in decision making is to pay for two things I also.

So can we just have a conversation keep them both on leave it for two weeks from now, where we could easily take both of them off or one of them off. I guess what I'm saying is that I think that right now we're 10 days out from the beginning of a fire. And this wasn't actually on our docket of things to talk about. And I think that we all want more information to be able to talk about it. It doesn't make sense to make a decision about whether we're going to even talk about it. Let's just push this down the track a little bit. There's so much going on. And in two weeks, It'll be a little more settled, and it'll be easier to have a conversation about whether we want to do it or not.

I hear what you're saying, and I would just reiterate, I think we should talk about the skate park and not talk about it. We should take the advocates' ask off. They're a non-profit. The skate park is one of our assets. So I hear what you're saying. I understand what you're saying, and I just don't want to argue about it.

Okay.

I agree with Matt.

Great. We won't talk about that at the desk.

Candace, was there anything additional we needed in terms of general operations? on that list for today.

I don't think so. We just want to get the supplemental published so we can get it set up in here. And actually, you guys mentioned the DA. But we realized that was not in my brain to put it on there. And that actually needs to be included on there.

I was talking with this morning. We're going to need to have a supplemental for the county attorney's office related to all the water attorney work that's going on. So that's coming as well, just to fill it up. OK.

on this one coming up, or do you think it can be a key break? I just want to make sure I don't miss anything.

When's the one coming up?

We're going to try to get it pushed out or noticed in the paper so we can 14 days from then have the actual decision.

Yeah, we'll need July 17th is when we'll need the info on supplemental to get it posted in time.

I don't know where they are on their RFP, but I would feel it's probably going to go like so. We'll have to wait on the process.

Can I let Candy work with finance to get exactly what's needed?

Yeah, I had her reach out to Will this morning.

And the staff email will go out. Again, it's all directors too, so you can get that with a specific form and everything needed to fill out. Is there anything else operational that you all want to discuss?

I mean, this isn't an ops meeting.

Thank you for the updates. I would like to take a point of privilege here before we go on to item number six. Five minute break, is that okay? Andy, are you okay with that? Or should we go in and then take a break? I could probably do it in two minutes.

My job.

Do you want to sign it? Item number six, pursuant to Colorado revised statutes 24-6-4024B, the board will convene an executive session to receive legal advice from the county attorney regarding the statutory duties of the elected county treasurer. The scope of the board's oversight and financial transparency authority with respect to treasurer operations and related legal and operational matters. No formal action will occur in the executive session.

I will make a motion to go into executive session.

Should I read the whole thing?

I will make a motion to go into executive session to receive legal advice from the of the elected county treasurer, the scope of the board's oversight, financial transparency, authority with respect to the treasurer operations, and related legal and operational matters.

Seconded.

Two vote.

Aye. Aye. Okay, we'll now go into executive session.

Might want to just make a record of who's going to be here. Yeah, who's present.

Do you want to just, if you're going to be present, just state your name, please.

Matt Holmes, county attorney. Josh Becker, deputy county manager.

Candace, will you be there? Yes, I will be here. Candace Bryant. Okay, Candace Bryant. Okay, thank you.

I'll be there too. All right, Sophie?

You too. How's it?

Yeah, I'm just going to pause it. Certification. Pursuant to CRS 24-642, subsection 2, I as the county attorney certify that the next portion of this executive session constitutes a conference with legal counsel for the purpose of receiving legal advice on specific legal questions related to the treasury's statutory duties and the board's oversight authority. Accordingly, no records or minutes are required to be kept to this version when the recording may be stopped.