HomeMy WebLinkAboutCorrespondenceP.O. Box 640
February 15, 1983
Roy Fronczyk
1621 Blake Street
Denver, CO 80202
GARFIELD COUNTY
COUNTY ATTORNEY'S OFFICE
Glenwood Springs, Colorado 81602 -0640 Phone 945 -9158
RE: Parachute/Battlement Mesa Park and Recreation District
Dear Mr. Fronczyk:
This letter is a follow -up to my telephone call with you of February 15,
1983. Enclosed please find for your review, a cow of the Service Plan for
the Organization of the Parachute/Battlement Mesa Park and Recreation
District.
My purpose in sending this to you is to avail the County of a professional
review of this matter. It is my desire that your analysis of this matter be
from two points of view. One, what is the professional standard as to how a
Service Plan is put together for a Park and Recreation District? And, how
does the Service Plan for the Parachute/Battlement Mesa Park and Recreation
District compare to that standard? Secondly, enclosed please find a cow of
the Statutes at 32-1-203, which is the criteria upon which the Board of
County commissioners reviews the Service Plan for approval /denial or approval
with conditions. I would appreciate your comments as to how the information
in the Service Plan comports with the statutory criteria for approval.
It is my understanding that your hourly rate is $25.00 per hour, and that the
County agrees to compensate you for your efforts in its behalf at this rate.
Your initial authority is to expend up to ten hours of work. Beyond that
point, please contact me for additional authority.
As I told you, I need to have your telephone comments as to this matter not
later than February 22, 1983. If possible, I would like to have them on
February 18, 1983. There will be a Planning Commission Meeting on February
23, 1983 before which I need your telephone comments. Also, on March 2,
1983, there is a public hearing before the Board of County Commissioners of
Garfield County. I am not, at this time, asking you to come to Glenwood
Springs for that hearing, but I would ask that you clear your calendar to
make yourself available for that meeeting. That meeting would begin at 1 :00
p.m., and it would be held in the County Commissioners' Annex, 201 Eighth
Street, Glenwood Springs, Colorado.
Roy Fronczyk
February 15, 1983
PAGE TWO
I thank you for your interest in this matter, and await your comments.
Very truly yours,
/it
Earl G. Rhodes
Garfield County Attorney
EGR /s
Enclosures
cc: Dennis Stranger, Director N(
Department of Development
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..;::.() .i,.79,000itionallYgpprove..tbe service plarirsubinitted -13Y,thedpetitioners
,ofi*praposed ;Special ,disfrict s.tibjeCt. to ;the submission 01 additional
...,,tion relating to or the modification pf te.linivo'sed.serYi0‘014l1i.. ilf orma-
i-- (2)••hetboard of county conunissioners, shall disappray&theiservice plan
submitiedi: by, the petitionersJ4 a proposed special: district Alton •:evidence
. ' tistactOugKthcboard of .any of the Wowing:, .....4.6..=
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(a) There is, insufficient ,exisiingyancl projected need-for,iorianized
district is adequate for present and projected needs; service
in the area to:lie serviced by the proposed sPecial;districtp i.,...:.;..ii,:,7,14,-.,i,,,
.: (b). The existing service in the area to be -seived by the proposed special
1. I
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�1y• following' the filing i0
'the }board of countyc a ;
ch7inieetinglor a'.publl�.
1. district The board, of C.
:of:•.the date ;': time;::and;'
of .financial serve r..
y If rill
slowing how the propels
rvice ' plan shall . includ
andi'an estimate'oftlie ..11
proposed special : distric' �;�
4iancIr ther '1
ludllig t staa costMof acq 1J
sed indebtedness sa��i 'j<ri;
, pro
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3 4 ,Z eemen wi 1 1 1
ttgl0. sl'bet ifee�tbe
'1°� 1 '�d`fNen�OrIIi�cpiitta
xce plan . l040*.kit
accompaaied?by'a; proses
not_.tovexceed twojiui
ry4general fund Such pr ,
elate jto
the =: heannig<prei� .
ao ubl[cation r.
Special District .Pr �is 32 -1 -204
-. equate service,is,w,or ;wi � be ;;;avajlab + ojthe ,at a 1pugh,other
municipal or quasi-municipal corporatior{�S witlun� a re sonab]e dime
;.^. 0� a comparable basis „•' ' �, 4 _ }Iry�Y .r 6; r; = . ,r�, n- 1 1
. The proposed special: district is, incapable.of providing economical and
„ens a to the area�withtn rts proposed boundaries
�a The financ�tai • 1 }bllity `disco e�the pro sed debtednes
e area to be incliuded��n the piopvec�sp�clal distrct c[oes.not Dave,
will not have,. R f ,C ' rM 1'ri°, ,trr r sip / 1:-.'`.`,r11-',:53 YI S
reasonable basis,; •t,s li? iviti ' Ix r , 3; ,
The facility
papbie with
special
y and se ifirre�,skiaa>vds of theip� °po eel spec af,d strict=ake
tefacili,' d servid'staii
sal lts.� o •' 1 bs all 1 • q �4 +
The- prop°
pursuant to $ee`
The .propos.
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onal, or state Io
The boards
Brice plan of a r.
does not comply yi
r
j of this section :`a
the service plank;t
be specifically •sta
(4) The finditipte, ih
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(1) The board 'of c un1
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alit�ortty under' ths
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Legislation in Colorado' , see 51 D n' L,7°467 k . for that of thetloa d: Tullius v ▪ Board of Couufy
(1974). , dA, !4:461:•4
32- 1- 2U4ubllloheari
board of Dun `
and locatiollZf'
existingT:jni ni l
within the -",e,14.00
of threeilese
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of couutycusto
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r 9P01(198I)(d ded underformer3sect�o 32 -1205) r
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for ,sexcIUsion of territ at
notice t .h.e, 'esidents '
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ROBERT J. SLENTZ
ATTORNEY AT LAW
Suite 2400
Regional Energy Center
400 Sevenlh Street South
Rifle, Colorado 81650
March 4, 1983
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Office of the Board of County Commissioners
of Garfield County, Colorado
Jim Drinkhouse, Chairman
P. O. Box 640
Glenwood Springs, CO 81602
RE: PARACHUTE /BATTLEMENT MESA PARK AND
RECREATION DISTRICT PUBLIC HEARING
Dear Mr. Chairman:
"s{
Telephone:
Area Code (303)
625 -3305
44444
As attorney for the proponents of the Parachute /Battlement Mesa
Park and Recreation District, I hereby respectfully request
that subpoenas be issued from your office to command the
attendance of the following members of the Garfield County
Planning Commission at the continued public hearing on March
14, 1983 in the above referenced matter:
Arnold Mackley, Chairman
Barbara Lorah
Dale McPherson
Dale Albertson
Allan Bowles
In addition, I would like a subpoena to issue to Dennis
Stranger, the Planning Director of Garfield County. I believe
that the County Planning office has the address for these
individuals, but if this assumption is incorrect, I will gladly
supply that information to your office.
Board of County Commissioners
Jim Drinkhouse, Chairman
March 4, 1983
Page Two
Also, I request that a subpoena duces tecum be issued to Stan
Broome the County Administrator to appear at the hearing and to
bring with him the following documents:
All special use permits issued and presently in
effect concerning the Colony Shale Oil Project
and /or Exxon Corporation and /or Battlement Mesa,
Inc.
Thank you very much for your attention to this matter. In
light of the Chair's previous ruling in this matter, I respect-
fully request that this letter be made a part of the proceed-
ings before the Board of County Commissioners.
Very truly yours,
Robhr "1\J. Slentz
RJS /dig
cc: Earl Rhodes, Esq.
Garfield County Attorney
TOWN of SILt
Garfield County
Planning Department
2014 Blake
Glenwood Springs, CO 81601
The Town of Silt wishes to protest the formation of a Recreation District by
Parachute which would exclude the other Municipalities of West Garfield
County. This would give them all the tax base of Oil Shale Companies. This
would be very inequitable as all the West Garfield communities receive the
impact.
P.O. Box 174 Silt, Colorado 81652 303 876 -2353
Februlry: 1 -1, .1983
rE 1983
•rlr,':f1
It also is contrary to the intent and purpose of 1981 House Bill No. 1320
"Special District Act" as stated:
32 -1 -102 (2) The general assembly further declares that the
procedures contained in part 2 of this article are necessary
for the coordinated and orderly creation of special districts
and for the logical extension of special district services
throughout the state. It is the purpose of part 2 of this
article to prevent unnecessary proliferation and fragmentation
of local government
(4) The general assembly further declares that it is the
policy of this state to provide for and encourage the consolidation
of special districts and to provide the means therefor by simple
procedures in order to prevent or reduce duplication, overlapping,
and fragmentation of the functions and facilities of special districts:
that such consolidation will better serve the- people of this state:
and that consolidated districts will result in reduced costs and
increased efficiency of operation.
(5) The general assembly further declares that the purpose
of part 7 of this article is to facilitate dissolution of special
districts in order to reduce the proliferation, fragmentation, and
overlapping of local governments
It is clear from this that a special district which included all of West
Garfield, would better fulfill the intent and purpose of the special district
Act.
I would also like to remind the Commissioners about the West Garfield Service
Plan proposed to them by Rifle, Silt, and New Castle, and the fact that it
has never been dealt with. Therefore I believe that gives us the right to
be heard at any hearing. It was tabled along with the Parachute plan to
give us time to try to work out a compromise as you will recall. But since
Exxon pulled out and the compromise fell through, it is our position that
we still have a plan before you. We know that it needs updating, but believe
we should be allowed to do so. In fact we have that done.
Sincerel
j 1
Charles A. Rains, Mayor
Garfield County Planning and Zoning Committee
C/O Planning Department
2014 Blake Avenue
Glenwood Springs, Colorado 81601
Attn: Arnold Mackley
Dear Sirs,
February 9, 1983
We wish to provide some information concerning the Recreation Plan filed by
the Town of Parachute.;: There has been a committee representing New Castle, Silt
and Rifle meeting to'draw together .a Recreation service plan for all of Western
Garfield County. We met in November and agreed that a single districtshould be
considered. 'Notice was sent to each Town and City including Parachute, to give
a response to a single district. Everyone responded except Parachute. The information
we wish to :informyou of is that_ there. will possibly be another. service plan filed
in the next;30- 60.days for all of Western Garfield County, except Parachute.
The problem that` there will be areas of assessed valuation which will overlap
and be in conflict: with the Parachute Plan. Prior to June 1, 1982, it was determined
if two separate districts were formed that the Oil Shale evaluations would be split
between the' two proposed districts. We think. thatthe impacts of Oil Shale are
not contained., only in the proposed Parachute area and. that there are more than
double the people served in the New Castle, Siltle area than Parachute and
a larger future: total` population served than the Parachute plan.
The fourth quarter report on the Union Project indicated 702 employees in the
Rifle, Silt and New Castle Area. The largest percent of increase (26 %) was in
the Rifle area as opposed to an 18 %.increase of Union employees moving into the
Parachute area. These employees are the operational.. force and would be permanent.
The basic question to be answered which is not covered under the law, is
whether it is right to lock -up oil shale assessed valuation to a specific area when
the impacts of shale development are dramatically and obviously extended beyond
the bounds of the proposed district.
Also, that there is some reasonable doubt that the present population of the
proposed district shows a need for the facilities and services outlined.
Contacting Union Oil officials, it was their official statement that the
Recreation District boundaries be expanded to cover the areas their employees
resided in based upon the fact that their project would provide a large share of
the revenues to run that district.
337 East Avenue P.Q. Box 1908
Phone 625 - 2121 Rifle, Colorado 81650
o-M HOME OF "OIL SHALE" U.S.A.:-S°2._=.
Q
Page 2
It is the feelings of the Rifle City Council that the Planning and Zoning
Committee weigh carefully the effects of this proposed isolated district on all
the citizens of Garfield County in providing recreational facilities. Also,
that by expanding the borders of the district, a greater need can be fulfilled
in providing service to more residents.
GEM /tn
Sincerely,
Geo ge E. Mitchell
Ma or of Rifle
POSITION PAPER ON THE PROPOSED
PARACHUTE RECREATIONAL DISTRICT
The Garfield County Comprehensive Plan of 1981 states under the Policy section
the following:
a. The County shall establish a good working relationship with the
schools and any future recreation special district to ensure that
the recreation needs throughout the County are adequately and
equitably met.
The proposed recreation district submitted by the town of Parachute raises a
basic question which is not covered by the present Special District Section of
the Colorado Revised Statutes, but which question interfaces directly with the
County's Comprehensive Plan. If the proposed district is granted and the total
assessed valuation of all the oil shale development in Western Garfield County
are allowed to be centered only in the proposed district and there are areas
outside of the proposed district that houses and services significant worker
populations from these oil shale companies, can recreational needs be adequately
and equitably met throughout Western Garfield County?
It is the responsibility and purpose of the County's Planning and Zoning
Committee and the County Commissioners to consider all decisions in the impact
and effect on all the Citizens of Garfield County. We don't dispute that there
are definite needs for recreation in the proposed district, we do challenge the
long-term overall impacts which would result to other areas of the County in the
area of recreation if all the oil shale valuation is locked up in the proposed
district.
The latest figure compiled by Schmueser and Associates for Colony /Battlement
Mesa fourth quarter 1982 and Union Oil Company Parachute Creek Shale Oil Program
fourth quarter 1982 both clearly show that the Rifle, Silt, New Caslte areas
have almost as many workers in their area as Parachute - Battlement Mesa. Also,
that in both reports the City of Rifle showed an increase of 3% Colony /Battlement
Mesa report and 26% Union Oil report of workforce residing in Rifle compared to
the previous quarter. Presently the total number of workers living in the areas
should be considered regarding the question of the recreation district are:
Colony /Battlement Mesa
DeBeque 3 Rifle 20
Parachute 11 Silt 4
Battlement Mesa 44 New Castle 1
TOTAL 58 TOTAL 25
Union Oil
Debeque 19 Rifle 610
Parachute 413 Silt 62
Battlement Mesa 345 New Castle 30
TOTAL 777 TOTAL 702
Page 2
Combined Totals
Rifle, Silt, New Castle Parachute, Battlement Mesa, DeBeque
727 vs 835
Clearly the figures show that not only is there significant impact outside the
proposed district, but that this impact is almost equally balanced. Two other
qeustions of comparison should be made and addressed.
a. The present existing population to be served; and
b. The future potential population to be served.
Parachute's plan shows an estimated existing population of 3,500 which we feel
is substantially accurate. This figure would compare to 7,067 existing popu-
lation to be served based upon the local C.O.G. projections for the Rifle, Silt,
New Castle area. (See chart)
POPULATION PROJECTION (COG)
1982 1985 1990 2000
Rifle 5,268 15,196 19,131 25,159
Silt 1,129 3,392 3,621 3,934
New Castle 670 1,449 1,800 2,075
TOTALS 7,067 20,037 24,552 31,168
Parachute 1,824 6,142 11,099 16,742
Battlement Mesa 1,126 5,759 7,326 8,951
TOTALS 2,950 11,901 18,425 25,693
Regardless of how population figures are determined, it is our position that the
Rifle, Silt, New Castle area will always have a greater total service population
than the Parachute recreation district. Presently, the service population of the
Rifle area is double the proposed district in Parachute and this area will be at
a distinct disadvantage in providing for recreational needs of an area which has
been largely impacted by oil shale development outside the Parachute district.
Realizing that Parachute's plan is based only on estimates, we feel it is over
optimistic in the total population estimated they will serve by the year 2,000.
QUESTIONS CONCERNING PARACHUTE'S PROPOSED PLAN:
1. The plan indicates that the capture rates for employees working in the
Parachute area should increase over the 1981 -82 period. However, the
figures and percent of employees coming to the Rifle area are significantly
greater than those coming to the Parachute area, according to the latest
socio - economic reports.
Page 3
2. The plan also raises the question of whether or not direction concerning
the responsibility for recreational needs should be lifted off the
companies responsible and placed upon the shoulders of local government.
3. The report states that there will be a critical need for recreational
services and facilities for oil shale workers and their families, as
well as the service work force and their families. We agree with this
statement and again point out that almost 50% of these workers live
outside the proposed district and that there is need to address all
negative social impacts wherever they exist. Also, that revenue from
the activity causing the impact should be fairly and equitably distri-
buted to the areas where the impacts are caused. It would be irrespons-
ible and illogical to allow oil shale property evaluation to be used
where only part of the impacts are located.
4. We agree that the people from the area of the proposed district should
be allowed to decide if there is a need for the district. However, we
also feel that the plan does not address all of the areas of impact and
that the question of the use of oil shale valuation is an issue which
directly effects the ability of all areas in Western Garfield County
to have adequate and equitable recreational facilities. That this issue
should be determined at the County level.
5. Furthermore, in 32 -1 -102 of the Special District Act the exact intent
of the legislature is very clear in stating the purpose of the Act.
May I direct your attention to #2 and #4 of the legislative declaration:
(2) The general assembly further declares that the procedures contained
in part 2 of this article are necessary for the coordinated and orderly
creation of special districts and for the logical extension of special
district services throughout the state. It is the purpose of part 2 of
this article to prevent unnecessary proliferation and fragmentation of
local government and to avoid excessive diffusion of local tax sources.
(4) The general assembly further declares that it is the policy of this
State to provide for and encourage the consolidation of special districts
and to provide the means therefore, by simple procedures in order to
prevent or reduce duplication, overlapping, and fragmentation of the
functions and facilities of special districts; that such consolidation
will better serve the people of this state; and that consolidated
districts will result in reduced costs and increased efficiency of
operations.
It is our contention that the proposed Parachute recreation district would cause
fragmentation between local governments in Western Garfield County and a diffu-
sion of local tax sources. Also, that this district goes directly against the
stated intent of the act in causing fragmentation instead of consolidation. We
feel that consolidation of an area -wide district fulfills the exact intent to
better serve people and to reduce costs and increase the efficiency of operations
of a district.
The representatives of New Castle, Silt and Rifle take the position that a total
area -wide plan should be considered first, before any individual area district
plan is considered. At one time an area -wide plan had been developed, hut due
to the lack of a proper petition was never filed and recorded. It is the feel-
ings of the above representatives that this plan be redone and submitted to all
Page 4
the voters of Western Garfield County as one overall district before numerous
individual plans are allowed to be created. These representatives wish the
Planning and Zoning Board and the County Commissioners to know that each entity
will file individual service plans if an area -wide district can not be formed.
In contacting representatives of Union Oil concerning their position on this
matter, their response was that their official position was that property
valuation from their project should be used wherever their work force was
located in any significant number and that the recreational district should
include those areas. This is also the same basic position of Rifle, Silt, and
New Castle City Councils. We ask that the County Planning and Zoning Board
and the County Commissioners weigh very carefully the overall effect of this
proposed district on all the areas of Western Garfield County and consider the
points presented in this document.
To summarize the points expressed in the above paper:
1. The county through their Master Plan is committed to seeing that
recreational needs throughout the County are adequately and equitably met.
2. The latest statistical information on where oil shale workes reside show
significant numbers outside the proposed Parachute district.
3. State law clearly indicates that the Special District Act is for the
purpose of preventing unnecessary proliferation and fragmentation of
local government and to bring about consolidation of districts to
reduce duplication and overlapping.
4. A basic question of whether or not an entity has the right to lock -up
all property valuations of oil shale development when significant
impacts of the development are being shouldered by areas outside the
proposed recreation district need to be answered.
We believe that the proposed Parachute Recreational District raises significant
questions concerning the above four summarized points which should be answered
at the County level before this district is allowed to become law.
ArT/7 i 6 /5r £
TOWN OF NEW CASTLE
80X 166
NEW CASTLE, COLORADO 81647
TELEPHONE: $84.2311
1. The purpose of the "Special District Control Act" was to , quote,
"to prevent unnecessary proliferation and fragmentation of local
government and to avoid excessive diffusion of local tax sources."
2. The filing of the service plan has not met all the requirements of
the State law (shall),i.e., preliminary engineering or architectural
survey showing how the proposed services are to be provided and fin-
anced, no map of the proposed district boundaries, no standards of the
facilities to be constructed, costs of acquiring lands, need to outline
the details of any arrangement or proposed arrangements; the form of
contract to be used, if available, etc...
3. The service plan can be denied on the basis of 32-1-205 (e) which
states " adequate service is, or will be, available to the area through
... quasi- municipal corporations within a reasonable time and on a
comparable basis."
4. The adopted policy of the County is that it "shall establish a good
working relationship with...any future recrearion special district
to ensure that the recreational needs throughout the County are adequately
and equitably met."
5. No matter how the population estimates and projections are manipulated,
the Rifle, Silt and New Castle areas of influence will always have a
greater total service area population than will the proposed district.
6. Clearly the burden of providing recreational facilities, such as the
Community Center being constructed by Battlement Mesa, Inc., is being
lifted from the shoulders of private enterprise and placed on the shoulders
of the district tax payers. Why ? ??
7. It is illogical to use all the oil shale assessments only to benefit
approximately 50% of the impacts...
8. Though no offical position has been taken, it is the clear consenses
of the oil companies contacted that they would perfer that their assess-
ments be used to the benefit of those areas inwhich the workers live.
9. There is clearly a need for a lerger recreation district than the one
before you tonight, especially since oil shale trust funds are being
used to create the need for such special recreation districts...
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GARFIELD COUNTY
DEPARTMENT OF DEVELOPMENT
PLANNING: 945-8212 / ENVIRONMENTAL HEALTH: 945 -2339 / BUILDING: 945 -8241
TO:
FROM:
DATE:
SUBJECT:
February 17, 1983
MEMO
Stan Broome
County Manager
Dennis Stranger
Director, Department of Development
.February 17, 1983
a,J
Parachute /Battlement Mesa Park and Recreation District
Service Plan
Pursuant to your direction, the Department of Development has not undertaken
any detailed technical review or policy analysis of the above captioned
Service Plan. I have reviewed Title 32 of the State Statutues concerning
Special Districts and particularly Section 203 which identifies as a test of the
service plan that, "The proposal is not in compliance with a master plan
I have copied the pertinent section OFthe County "Comprehensive Plan' and
have forwarded this to the Planning Commission. I have notified the Planning
Commission that you are coordinating this review. Members of the Planning
Commission may be contacting you concerning this matter.
As you know, 1 will be in Denver on February 22, 1983 for the Pacific Project
Interagency meeting I will be back in the office on the 23rd if you have any
questions or require additional information
require additional information.
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2014 BLAKE AVENUE
GLENWOOD SPRINGS, COLORADO 81601
GARFIELD COUNTY
DEPARTMENT OF DEVELOPMENT
PLANNING: 945 -8212 / ENVIRONMENTAL HEALTH: 945 -2339 / BUILDING: 945 -8241
TO:
FROM:
DATE:
SUBJECT:
February 17, 1983
MEMO
Stan Broome
County Manager
Dennis Stranger
Director, Department of Development A)1/43
February 17, 1983
Parachute /Battlement Mesa Park and Recreation District
Service Plan
Pursuant to your direction, the Department of Development has not undertaken
any detailed technical review or policy analysis of the above captioned
Service Plan. I have reviewed Title 32 of the State Statutues concerning
Special Districts and particularly Section 203 which identifies as a test the
service plan that, "The proposal is no in compliance with a master plan
I have copied the pertinent section the County "Comprehensive Plan' and
have forwarded this to the Planning Commission. I have notified the Planning
Commission that you are coordinating this review. Members of the Planning
Commission may be contacting you concerning this matter.
As you know, I will be in Denver on February 22, 1983 for the Pacific Project
Interagency meeting. I will be back in the office on the 23rd if you have any
questions or require additional information.
2014 BLAKE AVENUE
GLENWOOD SPRINGS, COLORADO 81 601