PROCEEDINGS OF THE BOARD OF COMMISSIONERS

MONTEZUMA COUNTY, COLORADO

November 2, 2021

STATE OF COLORADO           )

                                                     ) ss.

COUNTY OF MONTEZUMA   )

At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday November 2, 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 November 2, 2021 with the Pledge of Allegiance.

MINUTES: Commissioner Stevenson moved to accept the minutes of the Proceedings of the Board of Commissioners Montezuma County, Colorado dated October 26, 2021 as presented.  Motion was seconded by Commissioner Lindsay and carried.

PUBLIC HEARING: It being the time set aside a public hearing is held for review and determination of a proposed Subdivision Amendment Application to the Elder Single Lot Development, submitted by Roy Elder, on property located at 10720 Road 43, Mancos, CO, consisting of 10.10 acres, more or less, located north of Hwy 160 and west of Road 44 situated in Section 23, T.36N., R.13W., N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.   Mr. Elder was present.   Planning Director, Don Haley with Assistant, S. Jane Duncan presented the details of the application and the findings of the Planning and Zoning Commission.  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 approve the Elder single lot development, submitted by Roy Elder, on property located at 10720 Road 43, Mancos.  Second by Commissioner Stevenson and carried.  Commissioner Candelaria closed the hearing at this time.  (See attached)

PUBLIC HEARING: It being the time set aside a public hearing is held for review and determination of a proposed Single Lot Development and AR 10-34 Rezoning Application, submitted by Karla Fassett Revocable Living Trust; agent: James Lindahl, on property located at 43996 Road M, Mancos, CO, consisting of 60.91 acres, more or less, located north of Hwy 160 and west of Road 44, situated in Section 11, T.36N., R.13W., N.M.P.M..  The roll was called, the public notice read, and the proceedings were recorded for the record.   Mr. Lindahl appeared through zoom.  Planning Director, Don Haley with Assistant, S. Jane Duncan presented the details of the application and the findings of the Planning and Zoning Commission.  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 Stevenson moved to approve the single lot development and AR 10-34 rezoning application, submitted by Karla Fassett Revocable Living Trust; agent: James Lindahl, on property located at 43996 Road M, Mancos, CO.  Second by Commissioner Lindsay and carried.  Commissioner Candelaria closed the hearing at this time.  (See attached)

PUBLIC HEARING: It being the time set aside a public hearing is held for review and determination of a proposed 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.  The roll was called, the public notice read, and the proceedings were recorded for the record.   Mr. Odell was present.  Planning Director, Don Haley with Assistant, S. Jane Duncan presented the details of the application and the findings of the Planning and Zoning Commission.  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 accept the rezoning application, submitted by Zane Odell, on property located at, to be determined, Road X, Lewis, CO.  Second by Commissioner Stevenson and carried.  Commissioner Candelaria closed the hearing at this time.  (See attached)

PLANNING: Planning Director, Don Haley, and Planning Assistant, S. Jane Duncan presented for signatures of a Mylar for a Single Lot Development, submitted by Jimmy G. Suckla, on property located at 12588 Road 23, Cortez, CO, consisting of 49.37 acres, more or less, located east of Road 23, west of Hwy 491, situated in Section 9, T.36N., R.16W., N.M.P.M. 

PUBLIC COMMENT: James Parks asked the Commissioners for an update on his request, that County Roads L, 32 and P, be placed on the Road & Bridge chip seal schedule.

BENEFITS ADVISORY COMMITTEE: From the County Benefits Advisory Committee; Human Resource Assistant Billye Morgan, Road & Bridge Office Manager Virginia McKinney Sheriff Detective Lieutenant Tyson Cox, Public Health Assistant Director, Laurel Schaeffer and Debbie Amsden from Social Services, along with Benefit Health Advisor, Jake Zehnder and Southwest Health Systems, CFO, Rick Shrader, met with the Commissioners to discuss health insurance options and presented the Committee recommendations for the 2022 employee health insurance.  Commissioner Lindsay moved to switch the health insurance to Cigna.  Second by Commissioner Stevenson and carried.  (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 month of November, 2021, and gave an overview of the type of work scheduled for each crew.  Superintendent Englehart discussed, a presentation to DOLA, regarding the Roads Y, 16 and S grant application.  Other topics discussed included; an update of the Mc Elmo Slip Project Plan, moving the crusher to the Mc Elmo pit, an update on the Alkali Creek Bridge Project, general seasonal road maintenance, completion of the Forest Service Schedule A Agreements and a traffic count and inspection regarding Mr. Parks chip seal request.  (See attached)

NOXIOUS WEED DEPARTMENT: Weed Department Manager, Bonnie Loving met with the Commissioners by zoom, to give a monthly report.  Topics discussed included: the counties noxious weed inventory, the local A list species information, the Pheatophyte Project, the Mancos River project, the Hermana Project, spotted knapweed  and a diffuse knapweed project, the Cost Share Program, notifications, enforcement, education and outreach.  (See attached)

LANDFILL: Landfill Manager, Mel Jarmon gave his monthly report which included the 2021 Landfill budget spread sheet.  Manager Jarmon discussed the new scale project, a tour of the Landfill with the new Permitter from the CDPHE, recycled cardboard, recycled office paper, recycled #1 plastics and #2 plastics.  (See attached)   

FAIRGROUNDS: Fairgrounds Manager, Justin McGuire gave his monthly report which included the year to date report.  Year to date numbers included; income $87,437.49 and attendance 70,531.  A discussion was held regarding past and future events scheduled at the Fairgrounds.  Other topics discussed included, winter practice schedules, grounds clean up at the racetrack, indoor facility maintenance and the race track meters.  (See attached)

UNFINISHED BUSINESS: No unfinished business was presented.  

COUNTY ATTORNEY REPORT: County Attorney, Ian MacLaren gave an update on the Belden Land Use Code Violation case, the Weber Canyon / Road 41 lawsuit and civil cases.

COUNTY ADMINISTRATOR REPORT: Administrator, Shak Powers discussed a proposed Noxious Weed Department budget amendment, in the amount of $10,000.00 for the Hermana and Spotted Knapweed Projects.  Commissioner Lindsay moved to amend the Weed Department budget for $10,000.00, in the knapweed treatment line item, with any unspent funds at the end of the fiscal year, be rolled over to the 2022 budget.  Seconded by Commissioner Stevenson and carried.  (See attached)

COUNTY COMMISSIONER REPORT: Topics discussed within the Commissioners reports included: Commissioner Lindsay discussed; constituent discussions, the Cortez City Council meeting and the zoom attendance for the Housing Solutions meeting.  Commissioner Stevenson discussed; the Mancos Town Board meeting and recharging the Dove Creek canal.  Commissioner Candelaria discussed the attended Housing Authority Meeting, the constituent discussion process for Land Use / Planning issues and the No Shave November event. 

NATURAL RESOURCES, PLANNING & PUBLIC LANDS: Resource Director, James Dietrich, met with the commissioner to give a weekly report.  Director Dietrich gave updates on the Paths to Mesa Verde project, the McPhee Reservoir CWCB Tire Project and the completed BLM parking lot.  (See attached)

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 Stevenson, Administrator Powers, Attorney MacLaren, Clerk Percell, and IT Director Jim McClain, seconded by Commissioner Stevenson and carried.  Topics for the executive session included the Broadband Project.  Commissioner Stevenson moved to go out of executive session, seconded by Commissioner Lindsay and carried. (See attached)

CORRESPONDENCE: The following correspondence was read and noted:

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

MEETING ADJOURNED: 11:45 a.m.