PROCEEDINGS OF THE BOARD OF COMMISSIONERS

MONTEZUMA COUNTY, COLORADO

December 7, 2021

STATE OF COLORADO           )

                                                     ) ss.

COUNTY OF MONTEZUMA   )

At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday December 7, 2021 at the Montezuma County Administration building in Cortez, Colorado, there were present:

Jim Candelaria, Chairman

Kent Lindsay, Vice Chairman

Joel Stevenson, Commissioner of Deeds

Shalako Powers, County Administrator

Ian MacLaren, County Attorney

Kim Percell, County Clerk

CHAIRMAN, CANDELARIA opened the meeting of December 7, 2021 with the Pledge of Allegiance.

MINUTES: Commissioner Lindsay moved to approve the minutes of the Proceedings of the Board of Commissioners Montezuma County, Colorado dated November 23, 2021 as presented.  Motion was seconded by Commissioner Stevenson and carried.

PLANNING: Planning Director, Don Haley presented for signatures of a Variance for the Land Use Code Requirement of the 3 acre parcel size, submitted by Spencer Smith; agent: Ernie Maness, on property located at 26780 Road M, Cortez, CO, consisting of 247.62 acres, more or less, located south of Road M, west of Hwy 145, situated in Section 13, T.36N, R.16W, N.M.P.M.  Commissioner Candelaria recused himself from the discussion.  Commissioner Stevenson moved to approve the variance for the Land Use Code, submitted by Spencer Smith; agent: Ernie Maness, on the property located at 26780 Road M, Cortez, CO.  Second by Commissioner Lindsay and carried.  (See attached)

Planning Director, Haley presented for signatures of an After-The-Fact Special Use Permit for a Wireless & Internet Cell Tower project, submitted by Farmers Telephone Company, Inc.; agents: Shawn Sanders & Terry Hinds, on property located in the Right-of Way of Road J, Cortez, CO, located south of Road J, east of S. Sligo St, situated in Section 36, T.36N., R.16W., N.M.P.M.  (See attached)

Planning Director, Haley presented for signatures of a Mylar for a Boundary Line Adjustment, submitted by Joel & Cassandra Jarrett, Sam & Julie Jarrett & Justin & Jim Honaker, on properties located at 19710 Road 19, 19670 Road 19 & TBD Road W, Lewis, CO, all located east of Road 19, south of Road W, situated in Section 2, Township 37N, Range 17W, N.P.M.  Commissioner Lindsay moved to approve and sign the plats for the boundary line adjustment, submitted by Joel and Cassandra Jarrett, Sam and Julie Jarrett, and Justin and Jim Honaker, on properties located at 19710 Road 19, 19670 Road 19 and “to be determined” Road W, Lewis,.  Second by Commissioner Stevenson and carried.  (See attached)

Planning Director, Haley presented for signatures a High Impact/Special Use Permit with Commercial Rezoning Application, submitted by Zane Odell, on property located at TBD Road X, Lewis, CO, consisting of 10 acres, more or less, located north of Road X, west of Hwy 491, situated in Section 26, T.38N, R.17W, N.M.P.M.

Planning Director, Haley presented for signatures a Subdivision Amendment Application to the Fowler 2 Lot Development, submitted by Joe & Rita Fowler, on property located at 25198 Road T.5, Cortez, CO, consisting of 4.01 acres, more or less, located south of Road T.5 and east of Road 25 situated in Section 14, T.37N., R.16W., N.M.P.M.

PUBLIC COMMENT: No public comment was made.

LIQUOR LICENSE: Deputy Clerk, Jerri Frizzell presented a liquor license renewal application for Maverick Country Stores Inc. #275, located at 10223 US Hwy. 491, Cortez Co 81321.  Commissioner Lindsay moved to approve the fermented malt beverage license renewal application for Maverick Inc., located at 10223 US Hwy. 491, Cortez Co.  Second by Commissioner Stevenson and carried.  (See attached)

BID AWARD: Administrator Powers along with IT Director, Jim McClain presented reviewed proposals for the Fiber Contract.  Proposals received, included one from Farmers Telephone and one from 2210Cortez.  The Commissioners were in agreement, to postpone the discussion, until the December 14, 2021, meeting.  

MONTEZUMA COUNTY HEALTH DEPARTMENT: Public Health Director, Bobbie Lock met with the Commissioners, to present for signatures, a letter of request to terminate the Tobacco Community Initiatives Contract #19FHLA108508/2019-0021_AMD1.  Director, Lock along with Danna Nofsinger and Tim Ruiz Brown discussed a digital signature and proposed changes for the (SEP) Single Entry Point, Options for Long Term Care Contract, Amendment #2.  (See attached)

ROAD & BRIDGE DEPARTMENT: Road Superintendent, Rob Englehart met with the Commissioners to give a monthly report.  Superintendent Englehart presented the road and bridge schedule for the dates of November 29, 2021 through December 31, 2021 and gave an overview of the type of work scheduled.  Other topics discussed included; the Road 20 realignment project, winter maintenance projects, snow removal, the scheduled DOLA presentation, the attended CCI / CARSE conference and a constituent discussion regarding center line delineators.   (See attached)

NOXIOUS WEED DEPARTMENT: Weed Department Manager, Bonnie Loving met with the Commissioners to give a monthly report.  Topics discussed included; grant funding, an update of 2022 funding, and scheduled projects.  Manager Loving presented for approval, requested tax liens on the following properties located at; 17921 Road 25, Dolores, 13657 Road 21, Cortez, 21035 Road S, Cortez and 22486 Road D, Cortez.  Commissioner Lindsay moved to sign the lien request for the 4 properties, as presented.  Second by Commissioner Stevenson and carried.  (See attached)

LANDFILL: Landfill Manager, Mel Jarmon gave his monthly report which included the 2021 Landfill budget spread sheet.  Topics discussed with the report included; the new scale, compost piles that are in the curing stage, CDPHE approval for the Carver Field plans, the Forest Service Tire project, a proposed spring cleanup event and carbon stock.  (See attached)

FAIRGROUNDS: Fairgrounds Manager, Justin McGuire gave his monthly report which included the year to date numbers.  Year to date numbers included; income $90,877.49 and attendance 73,061.  A discussion was held regarding past and future events scheduled at the Fairgrounds.  Other topics discussed included, winter practice schedules, the Platform Lift Project, a proposed wall mural, and winter maintenance projects.  (See attached)

2022 BUDGET: Administrator, Shak Powers presented Resolution #17-2021.  A Resolution Adopting a Budget for Montezuma County, Colorado for the Calendar Year Beginning on the first day of January 2022 and ending on the last day of December 2022. Commissioner Lindsay moved to approve Resolution #17-2021, approving the budget for Montezuma County, for the year 2022.  Second by Commissioner Stevenson and carried.  Administrator Powers presented Resolution #18-2021.  A resolution to appropriate sums of money for 2022.  Commissioner Stevenson moved to sign Resolution #18-2021, a resolution to appropriate the sums of money for 2022.  Second by Commissioner Lindsay and carried.  (See attached)

NATURAL RESOURCES, PLANNING & PUBLIC LANDS: Resource Director, James Dietrich, met with the Commissioner to give a weekly report.  Topics discussed included two Flood Plane Development Permit Applications, an update on the Paths to Mesa Verde Project, the Flodine / Yellow Jacket grazing permits, and the Ironwood Fire Mitigation Plan.  

UNFINISHED BUSINESS: County Clerk, Kim Percell discussed a constituent request regarding election recounts and reported on the completed recounts in Montrose, Clear Creek, Larimer, Garfield, El Paso and Jefferson Counties. 

COUNTY ATTORNEY REPORT: County Attorney, Ian MacLaren gave updates on the Land Use Code violation cases, the Road Y gate issue and the Landfill’s restrictive covenants.  Attorney MacLaren also discussed the County review of approved High Impact Permits and the scheduling of a Zoning Board of Adjustments hearing. 

PAYABLE EXPENDITURE REPORT: Administrator, Shak Powers presented the October 2021 Accounts Payable Expenditure Reports for approval.  Commissioner Lindsay moved to approve the payables for October 2021.  Second by Commissioner Candelaria and carried.   (See attached)

COUNTY ADMINISTRATOR REPORT: Administrator, Powers presented for approval TRANSFER ORDER #7-2021, a transfer of $2,750.00 from the Road and Bridge Fund (002) to the Capital Fund (004), to correct a deposit error.  Commissioner Lindsay moved to accept Order #7-2021.  Second by Commissioner Candelaria and carried.  (See attached)

Administrator Powers presented TRANSFER ORDER #8-2021, a transfer of $2,748.50 from the Public Health Fund (003) to the General Fund (001,) to correct a deposit error.  Commissioner Lindsay moved to accept Transfer Order #8-2021.  Second by Commissioner Candelaria and carried.  (See attached0

Administrator Powers presented TANSFER ORDER #9-2021, a transfer of $38,779.50 from General Fund (001) to Public Health Fund (004), for 2021 per capita calculations.  DOLA estimates the population of Montezuma County to be 26,183. (25,853 X $1.50 = $38,779.50).  Commissioner Lindsay moved to accept Order #9-2021.  Second by Commissioner Candelaria and carried.  (See attached)

Other topics discussed included the attended CCI Winter Conference, the attended Intergovernmental Breakfast meeting and the Ironwood inspection.

COUNTY COMMISSIONER REPORT: Topics discussed within the Commissioners reports included: Commissioner Stevenson discussed the attended CCI Winter Conference.  Commissioner Lindsay discussed the attended CCI Winter Conference and the attended Intergovernmental Breakfast meeting.  Commissioner Candelaria discussed the attended Fading West Tour, the attended CCI Winter Conference and the scheduled Dolores School Board meeting.

CORRESPONDENCE: The following correspondence was read and noted:

MOTION TO ADJOURN: was made by Commissioner Lindsay, seconded by Commissioner Candelaria and carried.

MEETING ADJOURNED: 3:35 p.m.