Paonia approves lease changes with orchard
Paonia Town Council, meeting on Nov. 13, had a full agenda and some noteworthy announcements.
Mayor Neal Schwieterman announced that the North Fork Airport was voted the 2012 Outstanding Colorado Airport by the Colorado Pilots Association.
The Town of Paonia and Delta County co-own the airport. A date for presentation of the award has not been set.
Town clerk Barbara Peterson invited residents to come in and write on town hall windows what they like about the town. Markers are provided. The North Fork Vision 2020 and Heart and Soul mural is proudly on display in the town hall entry.
Jeff Schwartz of Delicious Orchards asked for a modification to his lease. The current agreement for the town land he leases for a campground specified he needed to have a $3 million total liability policy with $3 million per incident. Schwartz said his insurance company only does a $2 million total liability policy with $1 million per incident. He said that is the industry standard.
Jim Briscoe, town attorney, said he preferred a policy to give the town the greatest coverage and protection.
Peterson asked the council to revise the lease so it would match the name on the insurance policy. The lease was in name of Jeff Schwartz and the policy in the name of Delicious Orchards. Both the lease and the insurance policy will now say Delicious Orchards.
Trustee Brian Ayers noted that the insurance policy had expired on Sept. 28. At the time of the meeting Schwartz did not realize that his brother had renewed the policy before the expiration date.
The council approved the lower insurance amounts and changed the lease to Delicious Orchards LLC by a split vote. Brian Ayers and Ross King were opposed to granting the approval because they thought Schwartz had let the insurance lapse and didn't inform the town.
The mayor asked the town clerk to put the issue on the next agenda if Delicious Orchards did not have an insurance policy in place. It is listed under unfinished business on the Nov. 27 agenda as a compliance review.
Mayor Neal Schwieterman recused himself while the council considered his boundary adjustment request. Mayor pro tem Corinne Ferguson conducted this discussion and vote.
In Schwieterman's letter to the Creek Vista Crossing Homeowners Association, he stated he wanted a boundary adjustment that would transfer the approximately 35 foot by 100 foot piece of the property from Don May's ownership to Schwieterman and his wife, Liane Mattson. The piece of land would be removed from the homeowners association.
Schwieterman currently cuts the field which is covered in cheat grass. This is to have a fire break for his home. The home was built prior to the Town of Paonia land use codes. With the adjustment, the home's eves, window seat for the east bedroom and the east door landing and steps would be in compliance.
The land within the boundary adjustment would retain the current utility access and maintenance easement.
Steve Gulick, president of the Creek Vista Crossing Homeowners Association, wrote that the executive board had no objection. Schwieterman was to "cover expenses associated with revising and recording Exhibit A of [the association's] covenants."
The Paonia Planning and Zoning Commission recommended approval provided a deed for the property that is being exchanged is in place and proper notice given to the homeowners association.
Don May wrote that he did not consider the boundary adjustment to be an asset because of the utility easement. Additionally, Schwieterman was paying all fees for the boundary adjustment Jim Briscoe, town attorney, said Amendment 41 in the Colorado Constitution does not allow public officials to receive or accept gifts in excess of $50. His opinion was that the mayor is paying for "the boundary adjustment application fee, survey expenses, plat preparation, deed preparation and recording fees, which amount to the purchase price of the narrow strip of property being proposed for a boundary adjustment."
After substantial discussion by the trustees, the council unanimously approved the boundary adjustment.
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