Ready for occupancy?

As real estate inventory continues to be scarce in Saratoga, the push to add housing has many contractors working on projects throughout the area. Through that process, however, one construction company appears to have crossed the Saratoga Town Council.

During the June 21 meeting of the Saratoga Town Council, Councilmember Jon Nelson raised concerns about the Octagon Estates Subdivision west of the Valley View Acres addition behind Valley Foods under council comments.

“(I’ve been) Hearing some questions raised among the community about the status of the Octagon Subdivision, concerns about the status of paving, payment of tap fees, issuance of a Certificate of Occupancy in that subdivision,” said Nelson. “Was hoping that we might be able to discuss that a little bit tonight.”

Mayor Creed James replied he had reached out to Kristin Stocks, one of the co-owners of Octagon Construction.

“As far as infrastructure, they’re in the process of installing gas lines right now. They have contacted a construction company to do the paving but they’re not aware of when that will occur,” said James. “They said that they were under the impression that the signed resolution for the final plat (said) that all infrastructure had to be completed by August 17 of 2023.”

James said he was aware of one certificate of occupancy which had been issued for a home in the subdivision. The certificate of occupancy had been issued by Andrew Meyers, who has been contracting with the Town of Saratoga since the resignation of Faron Stroh as the planning and zoning director earlier this year.

In response, Nelson read from Section 17.28.100 of the Saratoga Municipal Code, which dictates required improvements of a subdivision. These improvements include water supply, sewage disposal, street grading and surfacing, curbs and gutters, fire hydrants and street lighting. 

Nelson made specific mention of subsection C, which states “All public and private streets and private access rights-of-way within the proposed subdivision shall be graded and surfaced with asphalt pavement in accordance with the Saratoga major street plan.”

He also cited Section 17.28.270, which states street improvements must be adequate for vehicle access of the subdivision residents and by fire and police prior to a certificate of occupancy being issued. The code also states a building permit must not be issued for the final ten percent of lots in a subdivision “until all public improvements required by the planning commission for the plat have been fully completed and dedicated to the local government.”

While Nelson nearly made a comment regarding tap fees, he made the conscious effort to not touch the subject saying it was “a joint powers board issue”.

A year prior, tensions arose between the Saratoga Town Council and the Saratoga-Carbon County Impact Joint Powers Board (SCCIJPB) around the issue of who pays tap fees and when. While the town council was of the opinion tap fees should be paid by the developer when the tap is made, the joint powers board believed tap fees should be paid by the property owner when a building permit is pulled.

Minutes later, however, the discussion of tap fees would be brought up again as Brian Drake, co-owner of Triple D Construction, asked the governing body for clarification on both tap fees and certificates of occupancy. Several times, Drake cited the certificate of occupancy mentioned by James for Octagon Estates.

“Are the rest of the contractors not going to turn the water and sewer fees in when we get a permit? How is this all going to work?” asked Drake. “My hackles are up a little bit over this because this is not kosher.”

James told Drake it was only recently he had been made aware of unpaid tap fees connected to building permits and he was going through a spreadsheet to determine the extent of the issue. Drake told the governing body they were setting precedence by allowing building permits to go out with unpaid tap fees and allowing certificates of occupancy in subdivisions which had not completed their required improvements.

“It’s going to snow, who’s going to plow that road? Especially if there’s a fire up there. What’s going to happen? (Are) You going to ask those guys to go up there and plow between the electric poles? Think about this, you’re setting precedence,” Drake said. “I know it’s tough. We don’t have a zoning administrator, it’s not a good situation but you’re setting precedence. We need to have some clarification.”

Drake added his company had paid $35,000 in tap fees last year along with $30,000 in building permit fees.

“What am I getting for that? Am I getting inspections? No,” said Drake. “The town council has to say ‘enough is enough’. That’s the only place it can come from. It’s not consistent and that’s dangerous territory for any entity.”

As discussion continued, the governing body told Drake they were working on three solutions to the issue. 

The first was to increase the salary for a planning and zoning director in hopes of getting applicants for the position. The second wasn’t a formal action by the council, but a statement by Nelson that he would be willing to direct town staff not to issue building permits to any permittee with delinquent fees. The third solution came from James, who said he was putting in a system with Public Works Director Jon Winter and Assistant Town Clerk/Treasurer Brenda Metilske to ensure tap fees are paid when the building permit is pulled.

“I know it’s a problem but it’s a dangerous problem,” said Drake. “We’ll keep on playing by the rules. We’re just going to follow the rules but it crossed me a little bit.”

The next meeting of the Saratoga Town Council will be at 6 p.m. on July 5 at Saratoga Town Hall.