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PROCEEDINGS OF THE BOARD OF COMMISSIONERS
MONTEZUMA COUNTY, COLORADO
December 8, 2020
STATE OF COLORADO )
) ss.
COUNTY OF MONTEZUMA )
At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday December 8, 2020 at the Montezuma County Administration building in Cortez, Colorado, there were present:
Larry Don Suckla, Chairman,
Jim Candelaria, Vice Chairman
Keenan Ertel, Commissioner of Deeds, Appeared by Zoom
Shalako Powers, County Administrator
John C. Baxter, County Attorney, Appeared by Zoom
Kim Percell, County Clerk
CHAIRMAN, SUCKLA opened the meeting of December 8, 2020 with the Pledge of Allegiance.
MINUTES: Commissioner Candelaria moved to accept the minutes of the Proceedings of the Board of Commissioners Montezuma County, Colorado dated November 24, 2020 as presented. Motion was seconded by Commissioner Ertel and carried.
PLANNING:
PUBLIC HEARING: It being the time set aside a public hearing is held for review and determination for a proposed High Impact Permit and Special Use Permit with Rezoning Application, submitted by Jovian Petroleum Corp; agent: Kevin McCarthy, Love’s Travel Stops & Country Stores, LLC, located at 7006 Hwy 160-491, Cortez, CO, consisting of 5.16 acres, more or less, situated in S.3, T.35N, R.16W, N.M.P.M., located east of Hwy 160-491, north of Road G.. The roll was called, the public notice read, and the proceedings were recorded for the record. Agent, Kevin McCarthy and Civil Engineer David Teyber appeared by 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 Suckla opened the hearing to public comment. Hearing no public comment that portion of the hearing was closed. After hearing all the evidence presented Commissioner Candelaria moved to accept the proposed high impact permit and special use permit with rezoning application, submitted by Jovian Petroleum Corp; agent: Kevin McCarthy, Love’s Travel Stops & Country Stores, LLC, located at 7006 Hwy 160-491, Cortez, CO. Second by Commissioner Ertel and carried. Commissioner Suckla 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 for a proposed Amendment to the High Impact Permit #665 and Special Use Permit submitted by Commnet Four Corners, Agent Cynthia VanDeMark, for the purpose of an upgrade to the existing cell tower and installation of FirstNet, a dedicated network for First Responders, on property owned by Ernest Allsup, located at 27591 Hwy 145, Dolores, CO, consisting of 39.10 acres, more or less, situated in S.3, T.38N, R.12W, N.M.P.M., located south and north of Hwy 145. The roll was called, the public notice read, and the proceedings were recorded for the record. Agent Cynthia VanDeMark appeared by 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 Suckla opened the hearing to public comment. Hearing no public comment that portion of the hearing was closed. After hearing all the evidence presented Commissioner Candelaria moved to accept the proposed amendment to the high impact permit #665 and special use permit submitted by Commnet Four Corners, Agent Cynthia VanDeMark, Second by Commissioner Ertel and carried. Commissioner Suckla 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 for a proposed Boundary Line Adjustment Application for the Schaak Single Lot Development, submitted by Dillon & Heather Oliver, on property located at 14475 Road CC, Pleasant View, CO, consisting of 3.11 acres, more or less, situated east of Road 14, north of Road CC, situated in Section 36, T.39N, R.18W, N.M.P.M. The roll was called, the public notice read, and the proceedings were recorded for the record. Dillon Oliver 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 Suckla opened the hearing to public comment. Hearing no public comment that portion of the hearing was closed. After hearing all the evidence presented Commissioner Candelaria moved to accept the proposed boundary line adjustment application for the Schaak single lot development, submitted by Dillon & Heather Oliver, on property located at 14475 Road CC, Pleasant View, CO,. Second by Commissioner Ertel and carried. Commissioner Suckla 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 for regarding a proposed Single Lot Development and Rezoning Application submitted by Jarrod & Colette Wyatt, on property located at 26833 Road L, Cortez, CO, consisting of 49.60 acres, more or less, located north of Road L/Alamosa St, west of Hwy 145, situated in Section 13, T.36N, R.16W, N.M.P.M.. The roll was called, the public notice read, and the proceedings were recorded for the record. 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 Suckla opened the hearing to public comment. Hearing no public comment that portion of the hearing was closed. After hearing all the evidence presented Commissioner Candelaria moved to accept the proposed single lot development and rezoning application submitted by Jarrod & Colette Wyatt, on property located at 26833 County Road L, Cortez, CO, consisting of 49.60 acres, more or less. Second by Commissioner Ertel and carried. Commissioner Suckla 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 for a proposed re-subdivision of Lot #1 of the McElmo East Minor Subdivision, a General Planned Unit Development, and Rezoning Application submitted by R & C Properties, LLC, Agent: Jay Cruzan, on property located at TBD Road J, Cortez, CO, consisting of 17 acres, more or less, located south of Road J, west of Road 27, situated in Section 36, T.36N, R.16W, N.M.P.M.. The roll was called, the public notice read, and the proceedings were recorded for the record. Agent, Jay Cruzan 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 Suckla opened the hearing to public comment. Public comment was made by Rob Pope. Hearing no further public comment that portion of the hearing was closed. After hearing all the evidence presented Commissioner Candelaria moved to accept the proposed re-subdivision of lot #1 of the McElmo East Minor Subdivision, a general planned unit development, and rezoning application submitted by R & C Properties, LLC, Agent: Jay Cruzan, on property located at TBD Road J, Cortez, CO,. Second by Commissioner Ertel and carried. Commissioner Suckla 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 for regarding a proposed 2 Lot Moderate Subdivision submitted by Joyce Johnson; Agent: Kelly McCabe on property located at 25911 Road P, Dolores, CO, consisting of 9.79 acres, more or less, located north of Road P, west of Road 26, situated in Section 35, T.37N, R.16W, N.M.P.M.. The roll was called, the public notice read, and the proceedings were recorded for the record. Agent Kelly McCabe appeared by 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 Suckla opened the hearing to public comment. Hearing no public comment that portion of the hearing was closed. After hearing all the evidence presented Commissioner Candelaria moved to accept the proposed 2 lot moderate subdivision submitted by Joyce Johnson; Agent: Kelly McCabe on property located at 25911 Road P, Dolores, CO, consisting of 9.79 acres, more or less,. Second by Commissioner Ertel and carried. Commissioner Suckla 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 for regarding a proposed 2 Lot Moderate Subdivision and Rezoning Application submitted by Edward & Carrie Jo Comisky on property located at 12665 Road 23, Cortez, CO, consisting of 17.9 acres, more or less, located south of Road N, west of Road 23, situated in Section 8, T.36N, R.16W, N.M.P.M. The roll was called, the public notice read, and the proceedings were recorded for the record. 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 Suckla opened the hearing to public comment. Hearing no public comment that portion of the hearing was closed. After hearing all the evidence presented Commissioner Candelaria moved to accept the proposed 2 lot moderate subdivision and rezoning application submitted by Edward & Carrie Jo Comisky on property located at 12665 Road 23, Cortez, CO, consisting of 17.9 acres, more or less,. Second by Commissioner Ertel and carried. Commissioner Suckla 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 for regarding a proposed Single Lot Development and Rezoning Application, submitted by Cromar Ranch, LLC; Represented by William & Carol Reynolds, on property located at 29467 Road N, Dolores, CO, consisting of 39.97 acres, more or less, located north of Road N, east of Road 29, situated in Section 4, T.36N, R.15W, N.M.P.M.. The roll was called, the public notice read, and the proceedings were recorded for the record. Mr. Reynolds appeared by 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 Suckla opened the hearing to public comment. Hearing no public comment that portion of the hearing was closed. After hearing all the evidence presented Commissioner Candelaria moved to accept the proposed single lot development and rezoning application, submitted by Cromar Ranch, LLC; Represented by William & Carol Reynolds, on property located at 29467 Road N, Dolores, CO, consisting of 39.97 acres, more or less,. Second by Commissioner Ertel and carried. Commissioner Suckla 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 for regarding a proposed 2 Lot Minor Subdivision & Rezoning Application submitted by Randy Smith; agent: Patrick Garcia, on property located at TBD Road 39, Mancos, CO, consisting of 35.05 acres, more or less, located east of Road 39, north of Hwy 160, situated in Section 30, 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. Garcia 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 Suckla opened the hearing to public comment. Hearing no public comment that portion of the hearing was closed. After hearing all the evidence presented Commissioner Candelaria moved to accept the proposed 2 lot minor subdivision and rezoning application submitted by Randy Smith; agent: Patrick Garcia, on property located at TBD Road 39, Mancos, CO, consisting of 35.05 acres, more or less,. Second by Commissioner Ertel and carried. Commissioner Suckla closed the hearing at this time. (See attached)
Planning Director, Haley with Assistant, Duncan presented for signatures of a Mylar for a Planned Unit Development submitted by Keith & Janice Moen, on property located at 26965 Road N, Cortez, CO, consisting of 3.55 acres, more or less, located north of Road N and west of Hwy 145, situated in Section 1, T.36N, R.16W, N.M.P.M.
Director, Haley with Assistant, Duncan presented for signatures of a Mylar for a Boundary Line Adjustment, submitted by James Saunders on property located at 2210 Hwy 160-491, Cortez, CO, consisting of 36.97 acres, more or less, and Cody Decker on property located at TBD Hwy 160-491, Cortez, CO, both located east of Hwy 160-491, situated in Section 31, T.35N, R.16W, N.M.P.M.
Director, Haley with Assistant, Duncan presented for signatures of a Mylar for a 2 Lot Moderate Subdivision submitted by Charlie Sirman, on property located at 11751 Hwy 145, Cortez, CO, consisting of 7.16 acres, more or less, located south of Road M, west of Hwy 145, situated in S. 13, T.36N, R.16W, N.M.P.M.
PUBLIC COMMENT: Rob Pope discussed repairs needed to the CDOT approach to the Maverick Store. Dennis Atwater made a request for the Board of County Commissioners to consider the adoption of a resolutions asserting Montezuma County jurisdiction over additional RS-2477 roads and trails located within Montezuma County. County GIS Manager, Doug Roth made a request that if this was adopted to the County Road map that it be added as an addendum to the official county map. (See attached)
RESOLUTIONS #22-2020 and #23-2020: Administrator, Shak Powers presented for approval Resolution #22-2020. A resolution levying general property taxes for the year 2020 to help defray the costs of the Law Enforcement of Montezuma County, Colorado for the 2021 budget. Commissioner Candelaria moved to accept Resolution #22-2020, a resolution levying general property taxes for the year 2020 to help defray the costs of the Law Enforcement of Montezuma County, Colorado for the 2021 budget. Second by Commissioner Ertel and carried. Administrator Powers presented for approval Resolution #23-2020, a resolution levying general property taxes for the year 2020 to help defray the costs of government for Montezuma County, Colorado for the 2021 budget. Commissioner Ertel moved that the Montezuma County Board of County Commissioners approve resolution #23-2020, a resolution levying general property taxes for the year 2020 to help defray the cost of government for Montezuma County for the 2021 budget and within that resolution that the Montezuma County General Fund give back to the Road and Bridge Fund the one half mill that was taken from the Road and Bridge two years ago. Second by Commissioner Candelaria and carried. (See attached)
ROAD DEPARTMENT: Road Superintendent, Rob Englehart met with the Commissioners to give his monthly report. Superintendent Englehart gave an update on the McElmo Soil Slippage on County Road G. Other topics discussed included; the Alkali Bridge project and the DOLA grant application.
WEED DEPARTMENT: Weed Department Manager, Bonnie Loving met with the Commissioners to give a monthly report and presented a slide show of updates on weed programs. Topics of discussion included; roadside spraying, Kochia, the SprayLogger program, the Bareground and Pre-emergent road spraying the 2020 bareground treatment, other treatment projects, the 2021 grant applications, the Phreatophyte project, land stewardship and the yearly statistics,. Manager Loving presented requests to place liens on properties owned by Leslie Hamm along with Arthur and Rena Mae Allen for the payment of enforcement fees. Commissioner Candelaria moved that the Montezuma County Noxious Weed Departments request to place a lien on the Arthur and Rena Mae Allen’s property, located at TBD Road 22 Lewis Co., in the amount of $1253.70, and also another lien placed on property owned by Leslie Hamm located at 26730 Road H, Cortez Co., in the amount of $255.25. Second by Commissioner Ertel and carried. (See attached)
LANDFILL: Landfill Manager Mel Jarmon gave his monthly report which included the 2020 Landfill budget spread sheet. Topics discussed with the report included; the cell 4 construction project, the closure process for the Carver Landfill, repairs to the dozer and a proposed increase for compost to $30.00 per yard. (See attached)
FAIRGROUNDS: Fairgrounds Manager, Justin McGuire met with the Commissioners to give an update on the Kitchen / Bathroom remodel project. Other topics discussed included; the proposed 2021 race track electrical project, the race track fence project, the chair lift project, the bleacher projects and current scheduled events. (See attached)
COUNTY ATTORNEY REPORT: County Attorney, John Baxter, gave updates on the Pax LLC lawsuit, the Kinder Morgan BAA evaluation case, the Kinder Morgan CO2 case and the Carver landfill closure.
NATURAL RESOURCES, PLANNING & PUBLIC LANDS: Resource Director, James Dietrich, discussed the TAP Grant closure, the CDOT notification to move forward with the MMOF funds, an attended meeting with the SHIPPO and the BLM. Director Dietrich reported that the CDPHE would be moving to a monitoring phase for the M&M property cleanup project.
COUNTY COMMISSIONER REPORT: Topics discussed within the Commissioners reports included; the attended CCI conference sessions, the recently held Department Head meeting, the attended Governors call, additional rapid testing kits for the hospital, the conceptual designs for the Administration building sign, the Combined Courts landscape project and the Triple A meeting.
Chairman Suckla announced the adjournment of the meeting for the LUNCH break.
Chairman Suckla announced the meeting would reconvene
COUNTY ADMINISTRATOR REPORT: Administrator, Powers presented the draft 2021 budget for discussion. Topics discussed included: the General Fund, the Sheriff and Jail budgets, the Firewise funding request, the Axis Detox Facility, the Axis Acute Treatment Unit, Community Connections, the McPhee breakwater project, professional services within the Administration’s budget, professional services within the Commissioner’s budget, an employee retention plan, the District Attorney’s budget, the Road & Bridge mill levy, County Road G soil slippage project, revenue streams and projects to be included in the Capital Account budget.
PUBLIC COMMENT: No public comment was made.
CORRESPONDENCE: The following correspondence was read and noted:
MOTION TO ADJOURN: was made by Commissioner Candelaria seconded by Commissioner Ertel and carried.
MEETING ADJOURNED: 2:17 p.m.
_______________________________ ____________________________
Clerk December 8, 2020 Chairman
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