BOCC Minutes June 7, 2022

PROCEEDINGS OF THE BOARD OF COMMISSIONERS

MONTEZUMA COUNTY, COLORADO

June 7, 2022

STATE OF COLORADO           )

) ss.

COUNTY OF MONTEZUMA   )

At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday June 7, 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 May 24, 2022, as presented.  Motion was seconded by Commissioner Koppenhafer and carried.

PUBLIC HEARING: It being the time set aside a public hearing is held for review and determination a 2 Lot Minor Subdivision Application submitted by Peter Magielnicki, on property located at 43175 Road N, Mancos, CO, consisting of 32.37 acres, more or less, located west of Road 42, situated in Section 2, 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. and Mrs. Magielnicki were 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 2 lot minor subdivision application submitted by Peter Magielnicki, on property located at 43175 Road N, Mancos, Co.  Second by Commissioner Koppenhafer and carried.  Commissioner Candelaria closed the hearing at this time.  (See attached)

COUNTY ATTORNEY REPORT: County Attorney, Ian MacLaren discussed the National Conservation Area for the lower Dolores River.  A letter addressed to the U.S Senator Michael Bennet in support of the NCA, was presented for approval.   Commissioner Koppenhafer moved to sign the letter of support for the Lower Dolores National Conservation Area, to Senator Bennet.  Second by Commissioner Lindsay and carried.  (See attached)

PUBLIC HEARING: It being the time set aside a public hearing is held for review and determination a proposed Amendment to the Duehrssen Subdivision, submitted by David Brandos, on property located at 20865 Road 23.75, Lewis, CO, consisting of 17.83 acres, more or less, located south of Road X, east of Road 23, situated in Section 33, T.38N, R.16W, N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.  Representative, Eric Cheever 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 continue the hearing to July 5, 2022 at 9:10 a.m. and also re-public notice for the zoning.  Second by Commissioner Koppenhafer 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 a proposed 10 Lot Major Subdivision & Rezoning Application, submitted by Wes & Rebecca Jones, on property located at TBD Road 26, Dolores, CO, consisting of 35.81 acres, more or less, located south of Hwy 184, west of Road 26, situated in Section 11, T.37N, 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 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 Koppenhafer moved to continue the Public Hearing until a time to be determined, when the survey is finished, so we can know the exact number of lots in the project.  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 a proposed Subdivision Amendment and Rezoning Application for Lot #5 of Roelfs Ranches Subdivision, submitted by Judy & Paul Mead, on property located at 25408 Road S.6, Dolores, CO, consisting of 36.19 acres, more or less, located south of Hwy 184, east of Road 25, situated in Section 23, T.37N, R.16W, N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.  Representatives, Chris Patterson and Crystal Clerice were 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.  Public comment was made by Mike Upchurch.  Hearing no further public comment that portion of the hearing was closed.  After hearing all the evidence presented Commissioner Lindsay moved to approve the subdivision amendment and rezoning application for Lot #5 of Roelfs Ranches Subdivision, submitted by Judy & Paul Mead, on property located at 25408 Road S.6, Dolores,.  Second by Commissioner Koppenhafer and carried.  Commissioner Candelaria closed the hearing at this time.  (See attached)

PLANNING: Director, Haley along with Assistant, Duncan presented for approval and signatures for a Variance Application, submitted by Bruach Aibhne, LLC; agent: Charles Robinson, on property located at 26569 Road 38.5, Dolores, CO, consisting of 10 acres, more or less, located north of Hwy 145, east of east of Road 38, situated in Section 36, T. 39N, R. 14W, N.M.P.M..  Mr. Robinson was present.  The Commissioners were in agreement to postpone the discussion to allow Mr. Robinson the opportunity to make the property compliant. (See attached)

PLANNING: Director, Haley along with Assistant, Duncan presented for approval of a Boundary Line Adjustment Application submitted by Colleen Brennan and Ricky Tulio, Sr., on properties located at 32328 Road P, Mancos, CO, consisting of 3 acres, more or less, & 13480 Road 32, Mancos, CO, consisting of 5 acres, more or less, both situated in Section 1, T.36N, R.15W, N.M.P.M.  Commissioner Koppenhafer moved to approve the boundary line adjustment application submitted by Colleen Brennan and Ricky Tulio, Sr., on properties located at 32328 Road P, Mancos Co.  Second by Commissioner Lindsay and carried.  (See attached)

PUBLIC COMMENT:  Mike Lynch discussed the ICS Advisory (ICSA-22-154-01) Report.  (See attached)   Allen Maez discussed the National Conservation Area (NCA) for the lower Dolores River.

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 May 30, 2022 through July 2, 2022 and gave an overview of the type of work scheduled.  Other topics discussed included; the Alkali Bridge Project, the McElmo Slip Project, the Dolores Norwood Road, the West Mancos Road, the Millwood Road and the Chicken Creek Road.  (See attached)

NOXIOUS WEED DEPARTMENT: Weed Department Manager, Bonnie Loving met with the Commissioners to give a monthly report. Topics discussed included; musk thistle, identified and mapped noxious weeds, a progress report, the Phreatophyte project, other scheduled projects, right of entry enforcement and Russian knapweed treatments.  Manager Loving presented, for approval Noxious Weed Right of Entry Resolutions, #1-2022, #3-2022 and #4-2022.  Commissioner Koppenhafer moved to approve, the resolution granting Montezuma County Weed Program or its designee’s rights of entry onto property to control noxious weeds based on affidavit of County Weed Supervisor Noxious Weed Resolution, #1-2022, the same for Noxious Weed Resolution, #3-2022 and Noxious Weed Resolution #4-2022.  Second by Commissioner Lindsay and carried.  (See attached)

LANDFILL: Landfill Manager, Mel Jarmon gave his monthly report which included the 2022 Landfill budget spread sheet.  Topics discussed with the report included; CDPHE approval for the compost pad, the leased shredder, compost sales, extension of the Free Green Waste Project and the Bomag payment.  (See attached)

TRANSFER ORDER: Transfer Order # 2-2022, a transfer of $131,000.00, from the Landfill Fund (100) to the closure / post-closure fund, to offset the future costs of closing and monitoring the Landfill, was presented for approval.  Commissioner Lindsay moved to approve order #2-2022, in the amount of $131,000.00, from the Landfill Fund to the closure / post-closure fund, to offset the future costs of closing and monitoring the Landfill for closure.  Second by Commissioner Koppenhafer and carried.  (See attached)

FAIRGROUNDS: Fairgrounds Manager, Justin McGuire gave his monthly report which included the year to date numbers.  Year to date numbers included; income $54,287.49, expenditures, $112,460.01 and attendance 20,180.  A discussion was held regarding past and future events scheduled at the Fairgrounds.  Other topics discussed included, banner advertising, the revenue comparison between current rates and proposed rates, the proposed rate schedule, the proposed resolution to amend the fee schedule for the Montezuma County Fairgrounds, current inflation rates, a yearly percentage increase, the Wash Rack Project and placement of the grant awarded Grow Domes at the Fairgrounds.  The Commissioners were in agreement to conduct further review of the proposed fee schedule to cover the actual costs of the Fairgrounds.  (See attached)

UNFINSHED BUSINESS: The discussion regarding the Bike Trail Easement was postponed to July 14, 2021.

EXECUTIVE SESSION: Pursuant to Attorney MacLaren’s suggestion, Commissioner Lindsay moved that the Board of County Commissioners 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, Clerk Percell, Natural Resource Director James Dietrich and GIS Specialist Doug Roth, seconded by Commissioner Koppenhafer and carried.  Topics for the executive session included; the civil case regarding Road Y.  Commissioner Lindsay moved to go out of executive session, seconded by Commissioner Koppenhafer and carried.  (See attached)

NATURAL RESOURCES, PLANNING & PUBLIC LANDS: Resource Director, James Dietrich, discussed the slide show from the BLM Flowdine Park / Yellow Jacket Section 106 Programmatic Agreement, the attended Flood Risk Assessment Exploratory meeting, the Dolores Water Shed Resilient Force Coordinating Committee meeting, expected funds from Colorado Strategic Wildfire Action Program (COSWAP), the BLM’s parcel nomination list, a proposed request from the Mancos Trail Group to be a pass through agent for a GOCO grant for development of the Aqueduct Trail Park.  (See attached)

COUNTY ADMINISTRATOR REPORT: Administrator, Shak Powers discussed the attended CCI Conference, the scheduled Board to Board meeting with the Cortez City Council on June 14, 2022 at 6:30p.m., and a request for County support for a proposed property improvement plan for the Motels on the east side of Cortez.

COUNTY COMMISSIONER REPORT: Topics discussed within the Commissioners reports included: Commissioner Koppenhafer reported on the attended Mancos Town Board meeting, the NCA discussion and the Ute Mountain Roundup Rodeo.  Commissioner Lindsay reported on constituent discussions. Commissioner Candelaria discussed the attended CCI Summer Conference, legislative updates, the Monday Workshop, constituent road issue discussions, the Ute Mountain Roundup Rodeo and the scheduled NACO conference.

CORRESPONDENCE: The following correspondence was read and noted:

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

MEETING ADJOURNED: 12:12 p.m. 

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Clerk                               June 7, 2022                        Chairman