U.S. Congress approves Rico sewer funds, but there's a catch. .
U.S. Congress approves Rico sewer funds, but there's a catch. .
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Rico project is not "shovel-ready"
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The U.S. House of Representatives approved the Fiscal Year 2022 (FY22) Federal Omnibus Funding bill March 9, followed by the Senate on March 10 and signature by President Biden March 11. The federal funding includes a Congressional Appropriation of $2.5 million for a Rico central sewer construction project requested by both Colorado Senators.
U.S. Capitol photo by
Alejandro Barba
on Unsplash
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Ore Cart graphic
March 21, 2022
Rico Trustees
regular monthly meeting
March 16, 2022 - 7:00 PM
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CONTENTS
- Sewer funding
- Short Term Rental moratorium proposal
- Town Shop soils remediation
- Water tap fee increase proposed
- Van Winkle headframe repairs
- Appendix
1) Sewer funding
Town Manager Chauncey McCarthy described the unsettled status of sewer project Federal funding at the March 16 Rico Board of Trustees meeting. A qualification for Congressional appropriations such as requested by Colorado Senators Bennet and Hickenlooper for Rico sewer is "shovel-ready" status . . . the applicant's final design engineering is completed and construction bids have been received.
Town of Rico's previous Town Manager submitted applications for Rico central sewer project funding to Colorado Senators Bennet and Hickenlooper in 2021, lacking final engineering and construction bids.
Time allowed for use of these Federal funds is limited. Town Manager has inquired with the Senators' staffs to determine if a use-of-funds deadline extension may be granted to allow for Rico sewer project engineering design and construction bidding.
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References
Related
- Senators Bennet & Hickenlooper Request $2.5 Million Appropriation for Rico Sewer Project - October 22, 2021
- Trustees Decide: No Residential Property Tax Increase for Proposed Commercial Area Sewer Project - March 21, 2021
- Sewer Committee Reviews Design Criteria for Rico Business Area - May 13, 2020
- Sewer Plan B Technology Option Reviewed - January 24, 2020
2) Short Term Rental moratorium proposal
Trustees discussed Rico Planning Commission's recommendation to adopt a Short Term Rental moratorium. Planning Commission approved a motion at its March 9, 2022 meeting to recommend an ordinance placing a moratorium on Short Term Rental applications for at least 6 months or until a new ordinance is adopted.
Commissioner discussion comments - summary
- Finding short-term housing in Rico is difficult. Moratorium on new applications is not needed.
- Proposed moratorium will not affect the current Short Term Rental application.
- Moratorium would give Town employees and Trustees some breathing room and allow for better communications with citizens.
- Moratorium would allow for better conversation between Town and public regarding the new ordinance with less hostility.
Public comments - summary
- If a moratorium is not in place there could be an influx of applications due to the pending Short Term Rental ordinance.
- Planning Commission has more influence with the Board of Trustees than do individual citizens.
- There is much citizen concern about Short Term Rentals.
Trustees' decision
Instruct Town's legal advisers to draft a Short Term Rental moratorium proposal for consideration at the Board of Trustees April regular monthly meeting. Notice of the proposed moratorium will be posted 10 days before the April 2022 Board of Trustees regular monthly meeting, with a "first reading" at the April meeting.
3) Town Shop soils remediation
Rico Town Shop area. Highlighted parcels are owned by Town of Rico. Background map - Dolores County map viewer.
Ore Cart graphic
March 21, 2022
Town Manager reported the Town shop building housed a coal-fired powerplant in the 1920s. Colorado Department of Public Health & Environment (CDPHE) has a grant opportunity for soils remediation. A site plan and budget prepared by an environmental engineer is required to qualify for a grant award.
Remediation site work may serve a dual function as preparation-work for new shop construction. Town of Rico budget includes funding for "facility planning for a new shop" which could be applied to the cost of the soils remediation planning report needed for the CDPHE grant.
Deadline for the grant application is May 31. Matching funds from Town of Rico are not required.
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excerpt from Trustees packet
There is $5,000 budgeted in facility planning for a new shop in the street fund. We would like to use those funds to hire an environmental engineer and proceed with the grant process. If awarded funds, we would remediate the shop lot and prep a site on the parcel for the new shop. In 2023 the Town could start construction of a new shop. Once the new shop is completed the old building could be taken down and the pad used for the fuel tanks along with road base storage.
4) Water tap fee increase proposed
Town of Rico reduced water tap fees in 2017. Proposed new tap fee for ¾ inch taps is $10,000 - the same as before the 2017 reduction. All other taps sizes would be raised the same percentage as the ¾ inch tap . Town's legal advisors will review whether the proposed tap fee increase requires Trustees to adopt or modify an ordinance.
5) Van Winkle headframe repairs
Van Winkle headframe at Rico, Colorado
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from Rico Trustees meeting packet
March 16, 2022
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photo credit
Atlantic Richfield Co.
An August 18, 2021 correspondence from Atlantic Richfield Company to Town of Rico requested Town and Rico Historical Society commence repairs:
The purpose of this letter is to inform the Town of Rico about the degrading condition of the Van Winkle Headframe structure located on Town-owned property and to request that the Town work with the Rico Historical Society to make immediate repairs to the structure before it collapses and possibly causes injury to passersby or creates other physical hazards. . . .
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The Atlantic Richfield correspondence asserts:
- the headframe is located on Town-owned property
- a Historic Preservation and Conservation Easement was granted to the Rico Historical Society in 2003 to "conserve and preserve the Van Winkle Headframe and the related structures."
- in a maintenance agreement dated 2008, "the Town assumed certain maintenance obligations with respect to the public areas within the Van Winkle Subdivision, including the roads, rights-of-way, and drainage structures."
- ". . . Headframe structure is tilting to one side, partially collapsed, and leaning against the adjacent steel fence."
A Rico Historical Society representative could not attend the Trustees meeting due to a schedule conflict. The complete Atlantic Richfield correspondence is reprinted in the Appendix.
Van Winkle headframe at Rico, Colorado
showing structure leaning into fence
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from Rico Trustees meeting packet
March 16, 2022
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photo credit
Atlantic Richfield Co.
6) Appendix
Correspondence from
Atlantic Richfield Company
to Town of Rico
regarding Van Winkle Headframe
Atlantic Richfield Company
Brian S. Johnson
Liability Business Manager
201 Helios Way
Houston, Texas 77079
RE: Condition of Van Winkle Headframe
Dear Mayor Betts and Members of the Rico Board of Trustees:
The purpose of this letter is to inform the Town of Rico about the degrading condition of the Van Winkle Headframe structure located on Town-owned property and to request that the Town work with the Rico Historical Society to make immediate repairs to the structure before it collapses and possibly causes injury to passersby or creates other physical hazards.
The Headframe structure is located on Town-owned property: the Van Winkle Headframe parcel, Van Winkle Subdivision Lot 3 (PIN 504736200013), at 110 N. Garfield Street in Rico. The structure is surrounded by a steel fence and is used by the public as an historical amenity. Under a January 16, 2003 Historic Preservation and Conservation Easement, the Rico Historical Society was granted an easement to, among other things, conserve and preserve the Van Winkle Headframe and the related structures. The Conservation Easement sets forth the Historical Society’s maintenance obligations with respect to the structures. The Conservation Easement provides that the Town of Rico will notify the Rico Historical Society of damage or destruction to the Headframe structure, and the Historical Society will thereafter complete the repair or reconstruction necessary to restore the structure.
Under an August 20, 2008 Maintenance Agreement entered into by the Town and North Rico, Inc. (now dissolved), the Town assumed certain maintenance obligations with respect to the public areas within the Van Winkle Subdivision, including the roads, rights-of-way, and drainage structures. That agreement specifically states that North Rico, Inc. will not be responsible for maintenance of public areas, including the walking trail, the parking and road areas to the east and south of the headframe, the area within the fence surrounding the headframe, and the fence itself.
Recent observations show that the main Van Winkle Headframe structure is tilting to one side, partially collapsed, and leaning against the adjacent steel fence (see attached photos). Other structures inside the fence have also collapsed, and the fence itself is damaged in spots. Atlantic Richfield is concerned that if the condition of the main Headframe structure continues to degrade, it may breach the fence, restrict access on the adjacent parking area and right-of-way, and possibly damage the surface cap on Atlantic Richfield’s adjoining reclaimed Lot 2.
We encourage the Town to reach out to the Rico Historical Society and request that they assess the condition of the Headframe structure and develop a plan for either rehabilitating the structure or at least documenting and preserving its historically significant elements. Guidance on historical preservation for buildings like the Van Winkle Headframe is available at https://www.nps.gov/hdp/habs/index.htm and https://www.loc.gov/pictures/collection/hh/. Should the Historical Society be unable to obtain the funding needed for this project, Atlantic Richfield may be able to contribute financially if a reasonable request is presented. In the meantime, the Town may need to consider restricting access to the area in the interest of public safety. Given the current condition of the structures, we believe time is of the essence for developing a preservation plan and preventing further damage to this important public amenity.
Thank you for your attention to this matter. We look forward to receiving a response from the Town describing the steps to be taken to address this situation.
Sincerely,
Brian S. Johnson, Liability Business Manager
Atlantic Richfield Company
Van Winkle headframe at Rico, Colorado
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from Rico Trustees meeting packet
March 16, 2022
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photo credit
Atlantic Richfield Co.
