Residents question Moffat subdivision ordinance


MOFFAT — County residents have voiced concerns recently about whether the town of Moffat, which has no planning commission or building codes, has abided by Saguache County subdivision regulations.
The first reading of the subdivision ordinance was scheduled for Jan. 8. One resident observed that if the annexation was not done appropriately, the subdivision of any land only questionably annexed would not be legal. According to state law, municipalities lacking planning commissions and a master plan must submit plans to the county or regional planning commission and abide by the county’s subdivision regulations and master plan.
Had the subdivision proposal been reviewed by a planning commission, this would have allowed more opportunity for Moffat residents and property owners to register their ongoing concerns, which include blight, adverse environmental impacts, noise and light nuisances, wear and tear on county roads and a lack of adequate code enforcement.
Property owner Virgil Tafoya and his family have continually voiced objections to the annexation’s legality since it was first proposed. Last month a Salida attorney wrote a letter to the town of Moffat confirming Tafoya’s observations that has yet to be answered by the town.
The town recently hired Monte Vista attorney Matthew Hobbs on an as-needed basis for $250 an hour after being without an attorney for the past several months.
Moffat property owner Virgil Tafoya and family submitted the following objections to the Town of Moffat’s agenda of Dec. 4, 2018. (The reading of the subdivision ordinance was rescheduled to Jan. 8, 2019):
“1.    Moffat failed to complete all the statutory and legal requirements to obtain an annexation.
2.    The new business requires statutory links to the annexation.
3.    The Town of Moffat does not have a functional budget process and town expenditures have not been reported or audited for the last three years.
4.    Moffat has not had a Clerk or Treasurer’s report for the last three years.
5.    The FY19 current proposed budget was not developed in an open, public forum and does not have public approval.
6.    Moffat does not have a Land Use Plan, a planning commission or a master plan, and refers Land Use issues to Saguache County Land Use Department regulations.
Please include our objection with the minutes of the meeting.”

(NOTE re paragraph on agenda: All items listed with an asterisk (*) are considered to be routine and non-controversial by the town trustees and will be approved by one motion. There will be no separate discussion of these items unless a trustee requests it, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the general agenda. One reading for resolutions; two readings for ordinances per state law.)

Moffat first ordinance reading
The town of Moffat recently posted the following format for the ordinance at the Moffat Post Office. This ordinance states:
TOWN OF MOFFAT, COLORADO, ORDINANCE NO. 2019-02
A RESOLUTION SUBDIVIDING PROPERTY IN CO AREA 420, ALSO KNOWN AS THE POTCH LLC ANNEXATION, IN THE TOWN OF MOFFAT, COLORADO
WHEREAS, the Town of Moffat was approached by the owner, Potch LLC, of Tract BB, Tract DD, Tract S, and Tract Q in the area known as CO Area 420 located in the NW 1/4, Sec.6, Township 43 N., Range 10 E., N.M.P.M, Saguache County, CO.
WHEREAS, the Town of Moffat finds substantial compliance and initiating subdivision proceedings, has therefore been adopted by the Board of Trustees of the Town of Moffat; and
WHEREAS, the Board does hereby find and determine that it is in the best interests of the Town to subdivide said area to the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF MOFFAT, COLORADO, as follows:
Section 1. That the following described property,
A tract of land proposed for subdivision in the Town of Moffat, Colorado situated in the northwest 1/4 of Section 6, Twnshp. 43 N., R.10 E., N.M.P.M., Saguache County, Colorado, and more particularly described as follows;
TRACT BB, TRACT DD, TRACT S, AND TRACT Q, Section 2, subdivided into the following Blocks and Tracts: BB Block 920 — Tracts BB-I, BB-2, BB-3, BB-; DD Block 900- Tracts DD-I, DD-2, DD-3, DD-4; S Block 840 —Tracts S-1. S-2. S-3, S-4, S-5; Q Block 820 — Tracts Q-1, Q-2, Q-3, Q-4, TOTALING 20 ACRES OR LESS.
Be, and hereby is, subdivided by the Town of Moffat and made a part of said Town.
Section 2: That, in subdividing said property, the Town does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or other services or in connection with the property hereby subdivided except as may be provided by the ordinances of the Town.
This Ordinance, 2019-02 was first read on this 8th day of January, 2019
(SECOND READNG and ADOPTED on this day of February, 2019)

Budget exemption
The town also posted a notice at the Moffat Post Office regarding its budget process, to be reviewed on an unspecified date in January as follows:
TOWN OF MOFFAT, COLORADO, RESOLUTION 2019-3:
A RESOLUTION FOR EXEMPTION FROM AUDIT (Pursuant to Section 29-1-604, C.R.S)
A RESOLUTION/ORDINANCE APPROVING AN EXEMPTION FROM AUDIT FOR FISCAL YEAR 2018 FOR TOWN OF MOFFAT, STATE OF COLORADO RECITALS:
WHEREAS, the Board of Trustees of the Town of Moffat wishes to claim exemption from the audit requirements of Section 29-1-603, C.R.S.; and WHEREAS, Section 29-1-604, C.R.S. states that any local government where neither revenues nor expenditures exceed five hundred thousand dollars may, with the approval of the State Auditor, be exempt from the provision of Section 29-1-603 C.R.S.;
And WHEREAS, neither revenues nor expenditures for the Town of Moffat exceeded $500,000 for Fiscal Year 2018; and WHEREAS, an application for exemption from audit for the Town of Moffat has been prepared by William L. DeSouchet CPA, an independent accountant with knowledge of governmental accounting; and WHEREAS, said application for exemption from audit has been completed in accordance with regulations, issued by the State Auditor.
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees for the Town of Moffat, State of Colorado that the application for exemption from audit for The Town of Moffat for the Fiscal Year ended December 31, 2018, has been personally reviewed and is hereby approved by a majority of the Board of Trustees for the Town of Moffat; that those members of the Board of Trustees have satisfied their approval by signing below; and that this resolution shall be attached to, and shall become a part of, the application for exemption from audit of the Town of Moffat for the fiscal year ended December 31, 2018.
ADOPTED THIS __ day of January, 2019, by the Board of Trustees for the Town of Moffat, State of Colorado.


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