Gardner homeowner contests tap-fee paperwork; commissioners grant variance and direct follow-up

Barbara Galvez told the Huerfano County Board of County Commissioners on July 1 that she applied for a water and sewer tap for a home she bought in Gardner and later found discrepancies between what Clayton Homes quoted her and the county fees recorded in the courthouse.

"I came in and applied for a permit on July 8," Galvez said. She said Clayton Homes had quoted $8,200 but the county’s records and staff stated the current residential total for a three-quarter-inch (3/4") water tap and a sewer tap was $9,500 (a $6,500 water charge plus a $3,000 sewer charge in the resolution staff reviewed).

County staff told commissioners that older documents reflected a 5/8-inch tap rate that is no longer permitted by code and that the 3/4-inch minimum now used in the code is more expensive. Staff said a historical family entitlement had been researched and honored in one instance, which contributed to confusion on the file. Staff suggested Galvez seek further documentation from Clayton Homes about the amount that company placed on her loan; the county said it would not unilaterally change fees where the code and the current resolution apply.

Galvez said she was willing to pay $8,200, the amount she says was included in her loan documents, but she sought clarification because she believes Clayton Homes or county staff mistakenly associated a tap with a different family member.

During discussion the BOCC referenced a resolution effective July 1, 2018 that sets tap rates; staff said that resolution is being revised to remove obsolete 5/8" references. Commissioners discussed the history and the apparent communication breakdown between the home seller/installer and the county.

A motion was made to grant a variance related to the fee discrepancy and to amend the motion to include the parcel number associated with Galvez’s request. The motion (as amended to include the parcel number 12438) carried on a roll-call vote: Commissioner Wardell — Yes; Commissioner Chamberlain — Yes; Chairman Spoelader — Yes. The BOCC asked staff to document the parcel in the motion and to advise Galvez to pursue the discrepancy with Clayton Homes so she can provide evidence of what was charged or refunded.

Separately on the permits and licenses agenda, the BOCC approved a water and sewer tap application for Jess and Gina Deofondo for parcel number 26709. That motion passed by the same recorded roll call: Commissioner Chamberlain — Yes; Commissioner Wardell — Yes; Chairman Spoelader — Yes.

Commissioners instructed staff to follow the resolution and code when calculating fees going forward, to finish the revision of the resolution removing obsolete 5/8" rates, and to include clear application or parcel references in future staff paperwork to reduce similar confusion.