HomeMy WebLinkAbout2.0 BOCC Staff Report 09.18.2017Exhibits for BOCC Meeting, September 18, 2017
The Sages at Aspen Glen PUD - Request for Preliminary Plan Extension
Exhibit
Number
Exhibit
1
Garfield County 2013 Land Use and Development Code, as amended
2
Garfield County Comprehensive Plan of 2030
3
Letter Requesting Extension
4
Staff Memorandum
5
Resolution 2011-54 — Preliminary Plan Approval
6
Resolution 2012-65
7
Resolution 2014-38
BOCC 9/18/17
DP
PROJECT INFORMATION
REQUEST Two-year extension of the Preliminary Plan for
The Sages at Aspen Glen
PROPERTY OWNER Gerd Zeller
LOCATION Aspen Glen PUD
I. BACKGROUND
The Board of County Commissioners (the Board) approved the Preliminary Plan
Application for the Sages at Aspen Glen on September 19, 2011 (Resolution 2011-54,
Exhibit 5). The Preliminary Plan approval was granted to subdivide a 4.243 -acre property
into ten (10) single family and duplex residential lots and common area. This approval
provided the Applicant one (1) year to file a technically complete final plat application to
Garfield County.
In 2012 a request was received to extend the Preliminary Plan and the Board granted a
two-year extension (Resolution 2012-65, Exhibit 6). This extension expired on September
19, 2014.
In 2014 a request was received to extend the Preliminary Plan and the Board granted a
second two-year extension (Resolution 2014-38, Exhibit 7). This extension was set to
expire on September 19, 2016 unless the Final Plat was received prior to that date. The
Final Plat application was received prior to September 19, 2016 and as a result, the Final
Plat documents have been in the process of finalization.
On September 1, 2017, a letter requesting an additional 2 -year extension was received
"due to the current status of the economic and real estate environments..." (Exhibit 3).
This 2 -year extension would pick up on September 19, 2016 and extend the application
through September 19, 2018.
II. REQUEST
The property owner requests the Board grant an additional 2 -year extension to file a
technically complete Final Plat which, if granted, would expire on September 19, 2018.
(Exhibit 3). The request is premised upon economic reasons, development costs versus
property values.
III. AUTHORITY
Section 4-101 I. (3) of the 2013 Land Use and Development Code, as amended, provides
the Board the authority to grant additional extensions prior to expiration of the current
approval.
IV. STAFF RECOMMENDATION
Staff recommends that the Board grant a two (2) year extension to the property owner to
file a technically complete Final Plat application by September 19, 2018.
2
TIMOTHY E. WHITSITT
whitsiti@roaringforklaw.com
WHITSITT f3 GROSS, P.C,
L AWYERS
320 MAIN STREET, SUITE 200
CARBONDALE, COLORADO 81623
TELEPHONE: (970) 963-6363
FACSIMILE: (970) 963-6667
September 1, 2017
Mr. David Pesnichak
Garfield County Community Development
108 Eighth Street, Suite 401
Glenwood Springs, CO 81601
RE: 117e RIM -09- 16-8485 The Sages at Aspen Glen
Dear David,
EXHIBIT
3
ERIC J. GROSS*
ejg@roa ingforklaw.com
*Also admitted in Massachusetts
ADRIENNE C. ROWBERRY*
OF COUNSEL
arowberr y@roaringforklaw.cont
*Also admitted in New Mexico
Mailing Address:
P.O. Box 110, Eagle, CO 81631
The undersigned represents Gerd Zeller with his final plat application with Garfield
County for The Sages at Aspen Glen. Due to the current status of the economic and real estate
environments, Mr. Zeller requests a two (2) year extension for submission of the remaining
final plat documents necessary for final plat approval.
Please feel free to contact me with any questions or concerns, and let me know if
anything other or further is required of us to place this request before the Board of County
Commissioners. Thank you for your consideration.
TEW/jh
cc: G.Zeller
Yours Truly,
WHIT GROSS, GROSS, P
By:
7 n%0 y E. Whitsitt
WWW . ROARINGFORKLAW . COM
1111 FPI Nil, MX 1 41111Y.14C11111 lit 111.11 11 III
R4ceptionfl; 808080
10/04/2011 03:24:25 PM dean Albertan
1 of 9 Ren Fee:$0.00 Doc Fee:0.40 0.RFIELD COUNTY CO
STATE OF COLORADO
)ss
County of Garfield
EXHIBIT
Jr
At a regular meeting of the Board of County Commissioners for Garfield County, Colorado,
held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on,
Monday, the 19th day of September A.D. 2011, there were present:
John Martin , Commissioner Chairman
Mike Samson , Commissioner
Tom Jankovsky , Commissioner
Drew Gorgey , County Attorney
Carey Gagnon , Assistant County Attorney
Jean Alberico , Clerk of the Board
Ed Green (absent) _ , County Manager
when the following proceedings, among others werehad and done, to -wit:
RESOLUTION NO. 401i -
5 5�
A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN
FOR THE SAGES AT ASPEN GLEN SUBDIVISION LOCATED WITHIN THE ASPEN
GLEN PUD CLUB VILLAS ZONE DISTRICT ON 4.243 -ACRES OF LAND OWNED BY
GERD ZELLER IN SECTION 13, TOWNSHIP 7 SOUTH RANGE 89 WEST OF THE
6ll P.M., GARFIELD COUNTY, COLORADO
PARCEL NO# 2395-134-00-405
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, received a request for
a Subdivision Preliminary Plan to allow for the subdivision of a +4.243 -acre parcel into ten (10) lots
which include seven (7) single family lots and three (3) duplex lots.
B. The *4.243 -acre parcel is located within the Aspen Glen PUD in Sections 13, Township 7
South, Range 89 West of the 6th P.M. and more fully described in a General Warranty Deed recorded
at Reception Number 665694 in the office of the Garfield County Clerk & Recorder.
C. The subject property is contained within the Club Villas zone district, Aspen Glen Planned
Unit Development located in unincorporated Garfield County.
D. The Board is authorized to approve, approve with conditions, or deny a request for
1
111114 KI i4N 110,104C1#1144411+.I.1u%N4ii 11111
Reception#: 808880
12/04/2011 03:24:25 PM Jean A1berioo
2 of S Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
Subdivision Preliminary Plan pursuant to Article V, Section 5-303 of the Unified Land use
Resolutions of 2008, as amended.
E. The Planning Commission opened a public hearing on December 8, 2010 at which time
the Commission voted to reconunend approval with conditions to the Board of County
Commissioners.
F. The Board of County Commissioners opened a public hearing on the 19th day of
September, 2011 upon the question of whether the Subdivision Preliminary Nan should be granted
or denied, during which hearing the public and interested persons were given the opportunity to
express their opinions regarding the plan.
G. The Board of County Commissioners closed the public hearing on the 19th day of
September, 2011 to make a decision.
H. The Board on the basis of substantial competent evidence produced at the aforementioned
hearing, has made the following determinations of fact:
1. That proper public notice was provided as required for the hearing before the
Board of County Commissioners.
2. That the hearing before the Board of County Commissioners was extensive
and complete, that all pertinent facts, matters and issues were submitted or could be
submitted and that all interested parties were heard at that meeting.
3. That for the above stated and other reasons, the request for a subdivision
Preliminary Plan to create seven (7) single family lots and three (3) duplex lots on a
4.243 -acre parcel may be in the best interest of the health, safety, morals, convenience,
order, prosperity and welfare of the citizens of Garfield -County upon compliance with
conditions of approval recommended by the Board of County Commissioners.
4. That, upon compliance with conditions of approval, the application has
adequately met the requirements of the Garfield County Comprehensive plan of 2000,
as amended.
5. That, upon compliance with conditions of approval, the application has
adequately met the requirements of the Garfield. County Unified Land Use Resolution
of 2008, as amended.
RESOLUTION
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that:
2
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Raeopti10)04/2011 03.24:25 PPI Sean A1beeloo
3 of 9 Roo Faa:S0.00 Doo Fee.0, 0 GARFIELD COUNTY CO
A. The forgoing Recitals are incorporated by this reference as part of the resolution.
B. The Sages at Aspen Glen Subdivision Preliminary Plan located within the Aspen Glen PUD,
Garfield County is hereby approved subject to compliance with the Preliminary Plan,
attached as Exhibit A, and the following conditions:
1. That all representations made by the Applicant in the application and at the public
hearing shall be considered conditions of approval.
2. Preliminary Plan approval shall be valid for a period of one (1) year from the date of
approval by the Board of County Commissioners.
3. The Applicant shall comply with the final plat requirements in addition to those
requirements contained within the Garfield County Unified Land use Resolution of 2008, as
amended (ULUR):
a. The Final Plat shall contain the following notes:
i. Control of noxious weeds is the responsibility of the property owner.
ii. No open hearth solid -fuel fireplaces will be allowed anywhere within the
subdivision. One (1) new solid -fuel burning stove as defined by C.R.S.
25-7-401, et.seq., and the regulations promulgated thereunder, will be
allowed in any dwelling unit. All dwelling units will be allowed an
unrestricted number of natural gas burning stoves and appliances.
iii. All exterior lighting shall be the minimum amount necessary and that all
exterior lighting shall be directed inward and downward, towards the
interior of the subdivision, except that provisions may be made to allow
for safety Lighting that goes beyond the property boundaries.
iv. Colorado is. a "RIGHT -TO -FARM" state pursuant to C.R.S. 35-3-11, Et.
Seq. Landowners, residents and visitors must be prepared to accept the
activities, sights, sounds and smells of Garfield County's agricultural
operations as a normal and necessary aspect of living in a county with a
strong rural character and a healthy ranching sector. Those with an urban
sensitivity may perceive such activities, sights, sound, and smells only as
inconvenience, eyesore, noise and odor. However, state law and county
policy provide that ranching, farming and other agricultural activities and
operations within Garfield County shall not be considered to be nuisances
so long as operated in conformance with the law and in a non -negligent
manner. Therefore, all must be prepared to encounter noises, odor, lights,
mud, dust, smoke, chemicals, machinery on public roads, livestock on
3
1111 FL !VW MK 1046 III II I
ReceptIonit: 808880
10/0412011 08:24:26 PM Jean Albericc
4 of 9 Reo Fee:SO.00 Doc Fea:0.00 GARFIELD COUNTY CO
public roads, storage and disposal of manure, and the application by
spraying or otherwise of chemical fertilizers, soil amendment, herbicide,
and pesticides, any one or more of which may naturally occur as part of
legal and non -negligent agricultural operations.
v. All owners of land, whether ranch or residence, have obligations under state
law and county regulations with regard to the maintenance of fences and
irrigation ditches, controlling weeds, keeping livestock and pets under
control, using property in accordance with zoning, and other aspects of using
and maintaining property. Residents and landowners are encouraged to learn
about these rights and responsibilities an act as good neighbors and citizens
of the county. A good introductory source for such information is "A Guide
to, Rural Living & Small Scale Agriculture" putout by the Colorado State
University Extension Office in Garfield County;
vi. Fencing on the property shall comply with the Division of Wildlife
specifications for wildlife -friendly fencing;
vii. The mineral rights associated with this property have been partially or wholly
severed and are not fully intact or transferred with the surface estate therefore
allowing the potential for natural resource extraction on the property by the
mineral estate owner(s) or lessee(s).
b. The Final Plat shall contain the following certificates as contained within the Plat
Certificate Appendix of the ULUR:
i. Certificate of Dedication and Ownership;
ii. Lienholder Consent and Subordination Certificate, if applicable;
iii. Board of County Commissioners Certificate;
iv. Title or Attorney Certificate;
v. Treasurer Certificate of Taxes Paid;
vi. County Surveyor Certificate;
vii. Clerk and Recorder Certificate;
viii. Surveyor Certificate.
4. The Applicant shall delineate and legally describe all easements on the final plat and
convey all easements to the responsible entity. This dedication shall be in a form acceptable
to the County Attorney's Office and transfer shall occur at the time of recording of the final
plat. These easements shall include, but are not limited to all easements of record, utility
easements, drainage easements, water system easements, stormwater drainage easements,
open space and any internal roads required as a part of this development.
5. The vacation/relocation of the golf cart path must be clearly documented at final plat
4
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Reception#; 80$S80
10/04/2011 03;24.25 PM Jean Alberioo
5 of 9 Rec Fee;$0.00 Doo Fee:0,00 GARFIELD COUNTY CO
including a letter of acceptance for the vacation of the easement from the Homeowner's
Association or Club representative;
6. The Applicant shall provide a map and inventory for the property for Garfield County
listed noxious weeds. If noxious weeds are present the Applicant shall provide a weed
management plan and address the weed management of the site, including common areas,
within the covenants. This information shall be submitted for review and acceptance by the
Vegetation Manager of Garfield County prior to submittal of the final plat' application;
7. Prior to approval and recordation of the final plat the Applicant shall be required to
comply with Resolution 2008-05, and submit the required $730.00 per unit residential impact
fee for the Carbondale and Rural Fire Protection District.
8. The Applicant shall submit an unimproved property appraisal for the site at final plat.
This appraisal is necessary to calculate the Fee in -lieu of School Land Dedication which
shall be due and payable prior to approval and recordation of the final plat.
9. A site specific geotechnical and foundation report shall be required at final plat.
10. The Board of County Commissioners recommends that the Applicant work with the
Aspen Glen Design Review Committee.
2 44
Dated this o3 day of 42
ATTEST:
, A.D. 20 a! .
GARFIELD _•LINTY BOARD OF
COMMISS, GARFIELD COUNTY,
OLORAD
rk of the Board
Upon motion duly made and seconded the fo
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER MIKE SAMSON
COMMISSIONER TOM JANKOVSKY
pted . by the
Aye
, Aye
, Aye
1111 MIVIIIRIM. lerIVIOTIV.Iii IR 11 111
Receptlan#: 808880
10/04/2011 03:24 75 PM Jean Alberlao
B of 9 Roo Fee:10.00 Doc Fee:0.00 GARFIELD COUNTY CO
STATE OF COLORADO
)ss
County of Garfield
I, , County Clerk and ex -officio Clerk of the Board of
County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed
and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County
Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County,
at Glenwood Springs, this day of , A.D. 20 .
County Clerk and ex -officio Clerk of the Board of County Commissioners
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Page 219
1111I i Y1<El .111 x.111 101 141/4:Wifitaiktliiiiti1111
Reception#: 82Z43' Jean Alberioo
09/07/2012 10-24:50
1 of 3 Rec Foe7$0•00 Doc Fee:0.00 GARFIELD COUNTY
CO
STATE OF COLORADO )
)ss
County of Garfield )
EXHIBIT
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building, in
Glenwood Springs on Monday, the 6th day of August, 2012, there were present:
John Martin
Mike Samson
Tom Janlcovsky
Caren Gagnon
Commissioner Chairman
Commissioner
, Commissioner
Jean Alherico
Andrew Gorgev
, Acting County Attorney
, Clerk of the Board
County Manager
when the following proceedings, among others were had and done, to -wit:
020 id
RESOLUTION NO. / 5
A RESOLUTION CONCERNED WITH THE APPROVAL OF AN EXTENSION FOR
THE SAGES AT ASPEN GLEN PUD PRELIMINARY PLAN LOCATED
NORTHWEST OF THE TOWN OF CARBONDALE ON THE WEST SIDE OF
HIGHWAY 82, GARFIELD COUNTY
PARCEL NO. 2395-134-00-405
Recitals
A. Garfield County is a legal and political subdivision of the State of Colorado for
which the Board of County Commissioners (Board) is authorized to act.
B. On 6 DAY of August, 2012, the Board of County Commissioners opened a
public meeting upon the question of whether a Preliminary Plan extension to allow for an
additional period of time for the Applicant to file a technically complete Final Plat should be
granted, granted with conditions, or denied at which meeting the public and interested
persons were given the opportunity to express their opinions regarding the issuance of said
extension.
C. The Board of County Commissioners closed the public meeting on the 6th day of
August, 2012, and acted on the basis of substantial competent evidence produced at the
aforementioned hearing.
ommouhrzimimiwv.IinivieriArfrouiff111
Reception#: 822436
08107!2012 10:24 $0 PM Jean Rlberioo
2 of 3 Re❑ Fee.$C.CO Doc Fee:0.SO GARFIELD COUNTY CO
D. 'Fhe Preliminary Plan for the Sages at Aspen Glen PUD subdivision was approved
by the Board on the 19th day of September, 2011 under Resolution No. 2011-54 for real
property described in the document legally described in a Warrant Deed recorded at
Reception Number 665694 in the records of the Clerk and Recorder, Garfield County,
Colorado.
E. In accordance with the Garfield County Land Use Resolution of 2008, as amended,
and the Preliminary Plan approval for the Sages at Aspen Glen PUD subdivision, the
Applicant must file a technically complete Final Plat application prior to September 19,
2012.
F. In accordance with the Garfield County Land Use Resolution of 2008, as amended,
and the Preliminary Plan approval for the Sages at Aspen Glen PUD subdivision, the
Applicant filed a request to extend the Preliminary Plan to allow for the filing of a technically
complete final plat for a period of two years to September 19, 2014.
Resolution
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Garfield County, Colorado, that:
A. The forgoing Recitals are incorporated by this reference as part of this Resolution.
B. The request for extension of the Preliminary Plan to allow for the filing of a
technically complete final plat for a period of two years is consistent with the
requirements of the Garfield County Unified Land Use Resolution of 2008, as
amended.
C. The public meeting before the Board of County Commissioners was extensive and
complete; all pertinent facts, matters and issues were submitted; and all interested
parties were heard at that hearing.
D. The granting of a two-year extension is in the best interest of the health, safety and
welfare of the citizens of Garfield County.
E. A motion was made to approve the extension of the Preliminary Plan to allow for the
filing of a technically complete final plat until September 19, 2014. The motion was
approved by a vote of 3-0.
VIII wiel aim iIy .alinlivrAmt aIt VI Ill
Receepption#: 822435
08/0 10:24:50 AM Jean Alberioa
3 of 3 f0,o r $0.00 Dao raa:0.40 GARFIELD COUNTY CO
Dated this to day o
ATTEST: GARFIELD COU �y_"°: ° ►' _ � CO I NERS. GARFIELD
COUNTY, COLORADO
�•r / i aaL cam
Cleric of the Board
Upon motion duly made and seconded the fo regoin S Resolution
following vote: --�
John Martin
Aye
Mike Samson
Tom Jankovskv
STATE OF COLORADO
)ss
County of Garfield
, Aye
, Aye
y the
, County Clerk and ex -officio Clerk of the Board of
County Commissioners in and for the County and State aforesaid do hereby certify that
the annexed and foregoing Resolution is truly copied from the Records of the Proceeding
of the Board of County Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County, at Glenwood Springs, this day of , A.D. 2012.
County Clerk and ex -officio Clerk of the Board of County Commissioners
MIKir: 1<`O'A EiM 11111
Reeeptian#: 851644
07/2212014 11:03:44 RM Jean Alberto°
of 3 Ree Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
STATE OF COLORADO
County of Garfield
)
)ss
)
EXHIBIT
I 7
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building, in
Glenwood Springs on Monday, the 21St day of July, 2014, there were present:
John Martin
Mike Samson
Tom Jankovskv
Frank Hutfiess
Kelly Cave
Jean Alberico
Andrew Gorget/
, Commissioner Chairman
, Commissioner
, Commissioner
, County Attorney
Assistant County Attorney
, Clerk of the Board
County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. aCii g T 3 8
A RESOLUTION CONCERNED WITH THE APPROVAL OF AN EXTENSION FOR
THE SAGES AT ASPEN GLEN PUD PRELIMINARY PLAN LOCATED
NORTHWEST OF THE TOWN OF CARBONDALE ON THE WEST SIDE OF
HIGHWAY 82, GARFIELD COUNTY
PARCEL NO. 2395-134-00-405
Recitals
A. Garfield County is a legal and political subdivision of the State of Colorado for
which the Board of County Commissioners (Board) is authorized to act.
B. On 21st DAY of July, 2014, the Board of County Commissioners opened a public
meeting upon the question of whether a second Preliminary Plan extension, to allow for an
additional period of time for the Applicant to file a technically complete Final Plat, should be
granted, granted with conditions, or denied at which meeting the public and interested
persons were given the opportunity to express their opinions regarding the issuance of said
extension.
C. The Board of County Commissioners closed the public meeting on the 21st day of
July, 2014, and acted on the basis of substantial competent evidence produced at the
3
11111git'rfiitt Mt 1411111101.1Klifia~VAIN, 11111
Reception#*• $51644
07/22/2014 11:03:44 AM Jean Alberloo
2 of 3 Rao Foe:$3.00 Doo Fee:0.00 GARFIELD COUNTY CO
aforementioned hearing.
D. The Preliminary Plan for the Sages at Aspen Glen PUD subdivision was approved
by the Board on the 19th day of September, 2011 under Resolution No. 2011-54 for real
property legally described in a Warranty Deed recorded at Reception Number 665694 in the
records of the Clerk and Recorder, Garfield County, Colorado.
E. The Board granted a requested 2 -year Preliminary Plan Extension August, 2012
which is memorialized in Resolution 2012-65 with an expiration date of September 19, 2014.
F. In accordance with the Garfield County 2013 Land Use and Development Code, as
amended, and the Preliminary Plan approval for the Sages at Aspen Glen PUD subdivision,
the Applicant must file a technically complete Final Plat application prior to September 19,
2014.
G. In accordance with the Garfield County 2013 Land Use and Development Code, as
amended, and the Preliminary Plan approval for the Sages at Aspen Glen PUD subdivision,
the Applicant filed a second request to extend the Preliminary Plan to allow for the filing of a
technically complete fmal plat for a period of two years to September 19, 2016.
Resolution
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Garfield County, Colorado, that:
A. The forgoing Recitals are incorporated by this reference as part of this Resolution.
B. The request for extension of the Preliminary Plan to allow for the filing of a
technically complete final plat for an additional period of two years is consistent with
the requirements of the Garfield County 2013 Land Use and Development Code, as
amended,.
C. The public meeting before the Board of County Commissioners was extensive and
complete; all pertinent facts, matters and issues were submitted; and all interested
parties were heard at that hearing.
D. The granting of a second two-year extension is in the best interest of the health, safety
and welfare of the citizens of Garfield County.
E. A motion was made to approve the extension of the Preliminary Plan to allow for the
filing of a technically complete final plat until September 19, 2016. The motion was
approved by a vote of 3-0.
■III4L144LIi4EilViM:1+/10311,i1A' iiii 11111
Reception*: 851644
07122(2014 11;03:44 AM Jean Alberico
3 of 3 Rea Fee.$O.00 Doo Fee:0.00 GARFIELD COUNTY CO
5/ -
Dated this (7(1 day of
ATTEST: GARFIELD COU
COUNTY, COLORADO
7/
Ierk of the Board
, A.D. 2014.
OF CO IONERS, GARFIELD
Upon motion duly made and seconded e forego
following vote:
John Martin
Mike Samson
Tom Jankovsky
STATE OF COLORADO
)ss
County of Garfield
, Aye
Aye
, Aye
County Clerk and ex -officio Clerk of the Board of
County Commissioners in and for the County and State aforesaid do hereby certify that
the annexed and foregoing Resolution is truly copied from the Records of the Proceeding
of the Board of County Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County, at Glenwood Springs, this day of , A.D. 2014.
County Clerk and ex -officio Clerk of the Board of County Commissioners