PROCEEDINGS OF THE BOARD OF COMMISSIONERS

MONTEZUMA COUNTY, COLORADO

February 1, 2022

STATE OF COLORADO           )

                                                     ) ss.

COUNTY OF MONTEZUMA   )

At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday February 1, 2022 at the Montezuma County Administration building in Cortez, Colorado, there were present:

Jim Candelaria, Chairman

Kent Lindsay, Vice Chairman

Gerald Koppenhafer, Commissioner of Deeds

Shalako Powers, County Administrator

Ian MacLaren, County Attorney

Kim Percell, County Clerk

MINUTES: Commissioner Lindsay moved to approve the minutes of the Proceedings of the Board of Commissioners Montezuma County, Colorado dated January 25, 2022 as presented.  Motion was seconded by Commissioner Koppenhafer and carried.

PUBLIC HEARING: It being the time set aside a continued public hearing is held for review and determination a proposed General Planned Unit Development and Rezoning Application submitted by Ironwood Group, LLC, on property located at 27736 Road T, Dolores, CO, consisting of 45.48 acres, more or less, located south of Road T, west of Hwy 145, situated in Section 19, T.37N., R.15W., N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.   Planning Director, Don Haley, Assistant, S. Jane Duncan were present.  County Attorney, Ian MacLaren gave an overview of the current status of the application.  Commissioner Candelaria opened the hearing to public comment.  Hearing no public comment that portion of the hearing was closed.  After hearing all the evidence presented Commissioner Lindsay moved to deny the planned unit development and rezoning application submitted by Ironwood, LLC, on property located at 27736 Road T, Dolores.  Second by Commissioner Koppenhafer and carried.  Commissioner Candelaria closed the hearing at this time.  (See attached)

PLANNING: Planning Director, Don Haley along with Assistant, S. Jane Duncan gave an introduction and overview of the Planning Department to Commissioner Koppenhafer.

PUBLIC COMMENT:  No public comment was made.

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 February 1, 2022 through March 4, 2022 and gave an overview of the type of work scheduled.  Other topics discussed included; an introduction to Commissioner Koppenhafer, updates on the McElmo Slide Project, the Mancos Gravel Pit Rehab Project and the Alkali Creek Bridge Project.  (See attached)

NOXIOUS WEED DEPARTMENT: Weed Department Manager, Bonnie Loving met with the Commissioners and gave a Noxious Weed Department introduction to Commissioner Koppenhafer.   Topics discussed included; funding, no spray agreements, the notification system, the enforcement process, property visits, an overview of projects and programs, data results, education, treatments, roadside spray mapping, and yearly statistics.  (See attached)

LANDFILL: Landfill Manager, Mel Jarmon met with the Commissioners to give a monthly report and an introduction to Commissioner Koppenhafer.  The report included the end of the year Landfill budget spread sheet.  Topics discussed with the report included; mattress income, the Bomag machine delivery, equipment repair expenses, the pending CDPHE approval for the Carver Field, composting, the new scale replacement, the recycling program, CDPHE requirements for paper products, CDPHE approval of the Household Hazardous Waste Plan, department staffing and the current fee schedule.  (See attached)

FAIRGROUNDS: Fairgrounds Manager, Justin McGuire met with the Commissioners to give a monthly report and an introduction to Commissioner Koppenhafer.  Manager McGuire reported the year to date numbers included; income $16,955.00 and attendance 2,730.  A discussion was held regarding past and future events scheduled at the Fairgrounds.  Other topics discussed included, winter practice schedules, the Banner Advertising Program, the handicap lift, arena lights, the proposed parking lot Rodeo Grant, the mural project, funding, the Year End Budget and the Fire Suppression system.  (See attached)

UNFINSHED BUSINESS:  ELECTION OF OFFICERS:  Commissioner Lindsay moved to approve the reorganization of the Montezuma County Commissioners and Boards.  Second by Commissioner Koppenhafer and carried.  (See attached) 

CHAIRMAN: Commissioner Jim Candelaria

VICE CHAIRMAN: Commissioner Kent Lindsay

COMMISSIONER OF DEEDS: Commissioner Gerald Koppenhafer

2021 BOCC REPRESENTATIVE APPOINTMENTS:

Southwest Regional Transportation Committee (TPR): Jim Candelaria

Alternate: Kent Lindsay

Region 9 Economic Development Board: Jim Candelaria

Alternate: Gerald Koppenhafer

AAA: Gerald Koppenhafer

Alternate: Kent Lindsay

Southwest Workforce Board: Kent Lindsay

Alternate: Gerald Koppenhafer

Montezuma County Housing Authority: Jim Candelaria 

Alternate: Kent Lindsay

Housing Solutions: Kent Lindsay

Alternate: Jim Candelaria

Ute Mountain Tribal Council Meetings: Gerald Koppenhafer

Alternate: Shak Powers

Lower Dolores River Group: Gerald Koppenhafer

Alternate: James Dietrich

Club 20: Kent Lindsay

Alternate: Gerald Koppenhafer

Native Fish Monitoring & Recommendation Team: Gerald Koppenhafer

Alternate: Kent Lindsay

Legal Publications: Cortez Journal

CCI: Jim Candelaria

Alternate / Concurrent: Gerald Koppenhafer

Liaison to the City of Cortez Meetings: Kent Lindsay

Liaison to the Town of Mancos Meetings: Gerald Koppenhafer

Liaison to the Town of Dolores Meetings: Jim Candelaria

Liaison to UMU Tribal Meetings: Gerald Koppenhafer

EXECUTIVE SESSION: Pursuant to Attorney MacLaren’s suggestion, Commissioner Lindsay moved for the Board of County Commissioners to go into executive session for a conference with the attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4)(b) and to include Commissioners Candelaria, Lindsay and Koppenhafer, Administrator Powers, Attorney MacLaren and Clerk Percell, seconded by Commissioner Lindsay and carried.  Topics for the executive session included; specific legal questions pertaining to the County Fiber Optic Project / Network.  Commissioner Lindsay moved to go out of executive session, seconded by Commissioner Gerald Koppenhafer and carried. (See attached)

COUNTY ATTORNEY REPORT: County Attorney, Ian MacLaren reported that the Landfill issue of an outstanding balance from one of the local trash companies had been resolved.  Other topics discussed included; current civil cases and the Ironwood Group chip pile.

NATURAL RESOURCES, PLANNING & PUBLIC LANDS: Resource Director, James Dietrich, met with the Commissioners to give a weekly report and an introduction to Commissioner Koppenhafer.  Topics discussed included; coordination with the Federal Land agencies, Forest Service timber operations, oil and gas operations, the regulatory environment, locatable minerals, the Rangeland Stewardship Committee, recreation, the McPhee breakwater, the Aquatic Nuisance Program, grazing permits, land acquisitions,  BLM road issues, the NCA legislation, fish monitoring, signage for the Rim Rocker Trail, a proposed alternative shooting range and the demand for a long distance shooting range, grant writing, the Flood Plan Development Process, the Community Wildfire Protection Plan (CWPP), working with the Economic Development Team, other special projects as assigned, the Montezuma County Recreational Advisory Committee, the DWARF Coordinating Committee, Trail of the Ancients Advisory Committee and the BLM Southwest RAC. 

COUNTY ADMINISTRATOR REPORT: Administrator, Shak Powers, discussed a County Department update and budget review for Commissioner Koppenhafer, the scheduled afternoon Economic Recovery and Resiliency overview, a scheduled Community Intervention Program meeting and an overview of the (SWORD) Southwest Opioid Response District settlement funds. 

COUNTY COMMISSIONER REPORT: Topics discussed within the Commissioners reports included: Commissioner Lindsay reported on constituent discussions, the Cortez City Council meeting, the Mancos Town Hall meeting and Commissioner Stevenson’s memorial service. Commission Koppenhafer discussed the departmental and project overview presentations.  Commissioner Candelaria discussed the attended NACO Transportation meeting, the CCI Legislative meetings, an email received regarding the Ironwood Group and Commissioner Stevenson’s memorial service.

Chairman Candelaria announced the adjournment of the meeting for the LUNCH break.

Chairman Candelaria announced the meeting would reconvene

DISCUSSION: From the Montezuma County Economic Development Team Administrator, Shak Powers, GIS Manager, Doug Roth, Natural Resource Director, James Dietrich, Planning Director, Don Haley, Planning Assistant, Sherri J. Duncan met with the Commissioners to give an Economic Development Team overview and introduction to Commissioner Koppenhafer.  Commissioner Lindsay reported that Shak Powers, Administrator of Montezuma County, has been awarded the Ed Morlan Economic Development Leader of the Year by the Region 9 Economic Development District (Region 9) Board of Directors.   (See attached)

DISCUSSION: Planning Director Haley, Planning Assistant Duncan along with Attorney MacLaren gave an overview of the current Land Use Enforcement Issues.  Topics discussed included; active Land Use Cases, compliance statutes, enforcement, penalties, multiple housing properties, private property rights, equal enforcement, noncompliance property prioritization and the required permitting process for commercial camp sites.  A discussion was held regarding the active Land Use case on Road 21.  After reviewing the property compliance progress made, with a completion date of March 1st, the Commissioners were in agreement that the County Attorney should file a motion to dismiss the case.

DISCUSSION: The Commissioners along with Natural Resource Director, Dietrich, held a discussion regarding the proposed Dolores River National Conservation Area (NCA).  Topics of the discussion included; participation by Montezuma County, language included in the draft Bill, concerns from the Dolores Water Conservation District, a possibility of a Wild and Scenic Designation, protection of present and existing water rights, the next scheduled meeting, Washington approval of the NCA and Montezuma County participation in the development of a management plan.    (See attached)  

UNFINSHED BUSINESS: A discussion was held regarding the applications received for the Grant Writer position.  Commissioner Lindsay moved to hire Nichole Glasser as the Grant Writer.   Seconded by Commissioner Koppenhafer and carried. 

TOUR OF THE DETENTION CENTER: 4:00 P.M.

CORRESPONDENCE: The following correspondence was read and noted:

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

MEETING ADJOURNED: At the conclusion of the Detention Center tour.

_______________________________                       ____________________________

Clerk                     February 1, 2022                           Chairman