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Home My WebLink About2.0 CorrespondenceLemomndum To: Tom Samms, Clear Talk 970/ 241-0437 CC: From: Garfield County Planning Department Date: 03/07/2001 Re: Board of County Commissioners meeting March 12th, 2001 Just a quick reminder... When the Stewart site (CO 1204) went before the Board on 1/22/01 they continued the meeting until 3/12/01 to give Clear Talk a chance to negotiate an access easement to the site and obtain permission from the Homeowners Association to construct the site. This hearing is scheduled for March 12, 2001 at 1;15PM, please plan to attend. T spokewith Sherry Caloia, legal representation for the Grass Mesa HOA, and she stated that that neither pe nussion nor access has been obtained. Based n that I am forced to recommend denial of this application. Pb eel free to contact this office if you have questions or concerns. GarfieldCounty Planning Department 1 03/01/01 13:10 $970/,25 9050 BECK ELECTRIC TO: Grass Mesa Homeowners FROM: Cleartalk DATE: February 26, 2001 RE: Proposed Communication Tower @1001 TALK wireless made slmole.:- Dear Homeowners, Cleartalk is a new, local wireless telecommunications company based in Grand Junction. We will be serving the counties of Mesa, Garfield, Delta, Montrose, Ouray, and Grand County Utah. Cleartalk uses state of the art CDMA (code division multiple access) PCS (personal communication services) technology. This brand of service is 100 percent digital and offers dramatically improved call quality and reliability over today's cellular service. In order to provide continuous, quality coverage throughout Garfield County, we are proposing an 80' lattice tower on lot 8 owned by George and Shawn Stewart. The proposed tower will be located at the N. E. corner of the lot and will blend in with the surrounding power lattice towers. The lease arca proposed is 100 x 100 feet and will be fenced and secure. The base station will be transmitting at 1900 MHz, this signal will have no biological health effects, in fact it is more than fifty times below the safe levels set by the FCC. Construction of this facility will take approximately two weeks. After initial construction, our site technician will visit the site approximately one to two times a month in a pick-up truck to perform scheduled maintenance. We anticipate no road damage or congestion during the construction phase, should any damage occur due to our vehicles or subcontractors, we will immediately contact Harry's Heavy Haulers and arrange immediate road repair. In exchange for an ingress, egress, and regress easement, Cleartalk will arrange with .Harry's Heavy Haulers for road upgrades along Cedar Breaks road and Mustang Mesa Trail. The upgrades will be extensive and include Magnesium treatment for dust control. Any questions on the upgrades discussed should be directed to Mike (Buzz) Busby @ 970-625-9643. Mr. Busby is a Grass Mesa Homeowner and is responsible for road maintenance in the Homeowners Association. Please fill out the ballot completely and return in the stamped and addressed envelope provided. Thank You, P 970.256.7600 F 970.241.0437 www.cleartalk.net 1600 Ute Avenue, Suite 10 Grand Junction, CO 81501 Thorns Sams / toms@cleartalk.net 970-234-9996 Project Manager Cleartalk 03/01/01 13:11 V070 F12,5 9050 BECK ELECTRIC GRASS MESA MOMEOWNER'S BALLOT This ballot will constitute a legal vote by the Homeowners of Grass Mesa Ranch. The votes will be returned to your elected officers for counting and review. Please fill out completely and return in the provided envelope. ISSUE: Granting an access easement for the proposed tower facility, which will be located on lot 8. '-siataels): Address: Lot Number Owned: VOTE: 1.) I , legal owner of lot vote YES on the proposed access easement. 2.) 1 , legal owner of lot , vote NO on the proposed access easement. Signature(s): 002 CALOIA & HOUPT, P.C. R4`g E a ATTORNEYS AT LAW SHERRY A. CALOIA JEFFERSON V. HOUPT BARBARA P. KOZELKA MARK E. HAMILTON 1204 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81601 (970) 945-6067 - VOICE (970) 945-6292 - FACSIMILE Please direct correspondence to this address March 6, 2001 Greg Butler Garfield County Planning Development 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 PARK AVENUE PROFESSIONAL BLDG. 121 NORTH PARK AVE., SUITE B MONTROSE, COLORADO 81402 (970) 252-0180 - VOICE Sender's email: mham@sopris.net Re: ClearTalk Communications/Grass Mesa Homeowners' Association Dear Greg: Enclosed please find copies of: 1. ClearTalk's letter of 2/26/01 to the members of the Grass Mesa HOA (together with ClearTalk's proposed "ballot" form; 2. My letter of 3/1/01 to ClearTalk. Before talking with you today, I received a phone call from Gary Curry, who represented himself as the General Manager for ClearTalk in Grand Junction. If I understand correctly, ClearTalk intends to see what response they receive before determining what their next step is. Please call me if you have any questions. Sincerely, CALOIA & HOUPT, P. BPK/fm Enclosures cc: client (w/o encl. ) Gary Curry, ClearTAlk GRASS MESA-Butler-Itr-1 Barbara P. Kozel a (w/o encl.) CALOIA ct;; IIOUPT, Y.C. ATIORNI?YS AT LAW 1204 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81601 (970) 945-6067 - VOICE (970) 945-6292 - FACSIMILE Please direct correspondence to this address SHERRY A. CALOIA JEFFERSON V. IIOUPT BARBARA P. KOZELKA MARK E. HAMILTON March 1, 2001 VIA FACSIMILE (970) 241-0437 & REGULAR MAIL Tom Sams, Project Manager ClearTalk 1600 Ute Avenue, Suite 10 Grand Junction, CO PARK AVENUE PROFESSIONAL (BLDG. 121 NORTH PARK AVE., SUITE 13 MONTROSE, COLORADO 81402 (970) 252-0180 - VOICE/FACSIMILE Sender's enmil:caloiar&honpl@sopris.11ef Re: Grass Mesa Ilomeowners' Association, Garfield County, Colorado Dear Mr.Saurs: I received a call today from the President of the Grass Mesa Ilomeowners' Association. He faxed me a copy of your letter of February 26, 2001, addressed to "Grass Mesa Homeowners," as well as your form titled, "Grass Mesa Homeowner's Ballot." This represents a considerably different approach than informally surveying the homeowners by mail to see how they (night vote on your proposal, as was discussed with me. I am enclosing another copy of my Letter to you dated February 5, 2001. Please see my sentence in the third paragraph that states, "You may wish to include a pre -poste envelope in your letter to the Association members to facilitate their response as to how they would vote on your proposal if it was put to a formal vote of the membership. (A ,Jorma/ vote of (he membership would require considerably more administrative preparation and costs.)" Emphasis added. The homeowners' Association is a nonprofit corporation and perhaps you are unfamiliar with how associations are required to conduill: their internal business. Your "ballot" refers to a "legal vote." The Board of Directors has not seen your ballot form before this, and has not approved it. There has been no notice of a members' meeting, no meeting called or scheduled, nor any other of the required administrative preparations for a binding vote of the Association GRASS MESA-ClearTalk.ltr-2 Toni Sams March 1, 2001 Page Two vote. It is regrettable you did not let me know yoti intended to send out such a "ballot." Please have someone in your legal depariment call me. BPK: fm cc: client Sincerely, CALOIA & IIOUPT, P. .9 1A—a- Barbara P. Kozelk/t emorandum To: Board of County Commissioners, Garfield County CC: From: Planning Department Date: 03/06/2001 Re: NTCH Colorado, Inc. Lot 8 Grass Mesa - Clear Talk On January 22, 2001 Clear Talk came before the Board seeking approval of a Special Use Permit that would allow the placement of a communication tower on Lot 8 of Grass Mesa. Before staff could recommend denial of this application the applicant requested a continuance so they could address the concerns of the Grass Mesa Home Owners Association and access. Siafl'received a call and fax (copy attached) from the Grass Mesa's legal representation which, in brief, states that while Clear Talk has been in contact with the HOA and citizens of the area they have not gainedapproval by the HOA to construct the telecommunication tower or access to the site. Therefore, staff recommends Denial based on the concerns raised by the Grass Mesa HOA and lack of properand legal access to the site. 1