2017-05-02-minutes-commissioners-agenda

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05/02/2017 MINUTES 7 BOARD DISCUSSION/DECISION ITEMS AGREEMENT MARION MEADOWS – DA-17-00001 CDS Chairman Jewell opened a continued Public Hearing from April 18, 2017 to consider a Proposed Development Agreement for funding for processing the Planned Unit Development of Marion Meadows – DA-17-00001, noting the record is closed. Vice-Chairman Laura Osiadacz announced she had disclosures to make and explained how she felt she should recuse herself from any decision/deliberation on the project. She stated that she had spoken with Deputy Prosecutor Neil Caulkins and shared with him her concerns for potential conflicts with the project such as her parents are the owners of the land next to the project (disclosed previously) and her husband currently works for the Company/Property owners that are funding the project. She stated that Mr. Caulkins agreed in the appearance of fairness it would be appropriate to recuse herself. Commissioner Osiadacz left the room at 10:51 a.m. Dan Carlson, CDS Director explained that the Public Hearing was previously heard on April 18, 2017 and continued to allow for discussion and decision to allow Staff to make revisions to Exhibit A of the Agreement to reflect the correct County hourly review rate and to be consistent with the reimbursable expenses in the County’s Professional Services Agreement with Van Ness Feldman LLP. He stated that Staff has made the changes and they have been provided to the applicant, Van Ness Feldman LLP; Public Works and the County Budget and Finance Manager for review. Jerry Martens, Agent for the Applicant indicated that he still has concerns. He questioned what constitutes billable hours? He stated that they are still working through some issues but wasn’t opposed to moving forward. He indicated that he was assuming if there were issues down the road those could be brought back to the Board of County Commissioners. Chairman Jewell explained that is not always the case and not a practice they want to get into especially if they are already aware of possible concerns/issues. He stated that the Board feels that practice is in the best interest of the County and the applicant. Commissioner O’Brien moved to continue the Public Hearing to Tuesday May 16, 2017 at 10:00 a.m. under Board Discussion & Decision, noting the record is closed. Chairman Jewell seconded. Motion carried 2-0.