PROCEEDINGS OF THE BOARD OF COMMISSIONERS

MONTEZUMA COUNTY, COLORADO

March 1, 2022

STATE OF COLORADO           )

                                                     ) ss.

COUNTY OF MONTEZUMA   )

At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday March 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 Koppenhafer moved to approve the minutes of the Proceedings of the Board of Commissioners Montezuma County, Colorado dated February 22, 2022 as presented.  Motion was seconded by Commissioner Lindsay and carried.

PLANNING: Planning Director, Don Haley along with Assistant, S. Jane Duncan presented for approval of a Variance submitted by Camp Kush, LLC; agent: Jennifer Meigs, on property located at 30261 Road H, Cortez, CO, consisting of 40.14 acres, more or less, located south of Hwy 160, east of Road 27, situated in Section 34, T.36N, R.15W, N.M.P.M.   Agent Jennifer Meigs was present.  Commissioner Lindsay moved to approve the variance submitted by Camp Kush, LLC; agent: Jennifer Meigs, on property located at 30261 Road H, Cortez, and variating 20 feet on the chapel and 9 feet on the cabin.  Second by Commissioner Koppenhafer and carried. (See attached)

Planning Director, Haley along with Assistant, Duncan presented for approval of a Variance submitted by Tonya Capps, Demia Porter & Kurtis Case; agent: Danny Wilkin, on property located at 15965 Road 21, Cortez, CO, consisting of 5 acres, more or less, located south of Road S, west of Road 21, situated in Section 25, T.37N, R.17W, N.M.P.M. Agent Danny Wilkin was present.  The Commissioners did not approve the requested variance at this time and asked that the property owners attempt to acquire acreage so as to alleviate the need for the variance.

PLANNING: Director, Don Haley along with Assistant, Duncan presented for discussion and review of proposed vacation of a green-signed Road vacation of Road S, located west of Hwy 145, Dolores, CO, situated in Section 30 T.37N, R.15W, N.M.P.M.  The vacation of Road S was discussed during the BOCC workshop held on February 28, 2022.  The Commissioners did not take any action to vacate Road S.

PLANNING: Director, Haley along with Assistant, Duncan presented for discussion and review of proposed vacation of a Streets and Alleyways for the Arriola Town Sites, located east of Hwy 491, south of Road S, Cortez, CO, situated in Section 20 T.37N, R.16W, N.M.P.M.  The Commissioners did not take any action to vacate the streets and alleyways.  If the Arriola Town Sites lots are consolidated, the Commissioners will consider vacating the streets and alleyways.   

PLANNING: Planning Director, Haley along with Assistant, Duncan presented for signatures of a Mylar for a Single Lot Development and AR3-9 Rezoning Application, submitted by Kenneth Bradshaw, on property located at 16941 Hwy 491, Cortez, CO, consisting of 39.62 acres, more or less, located east of Hwy 491, west of Road 22, situated in Section 19, T.37N, R.16W, N.M.P.M.

PLANNING: Planning Director, Haley along with Assistant, Duncan presented for signatures of a Mylar for a Subdivision Amendment Application to the Fox Run Development, 2nd Amendment, submitted by Ute View Farms, on property located at 7255 Hwy 160/491, Cortez, CO, consisting of 9.78 acres, more or less, located west of Hwy 160/491, situated in Section 4, T.35N., 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.

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 March, 2022 and gave an overview of the type of work scheduled. Other topics discussed included; the mag chloride schedule, CDOT bridge inspections, the 2022 Proposed Road Projects, the Army Corps of Engineers submittal for Road G, completed blade work on County Roads L, 32 and P, spring cleanup projects, scheduling the Mancos airport survey, a stock pile area at the Cortez yard, increased traffic and road maintenance for the Municipal Airport road.  (See attached)

LIQUOR LICENSE: Deputy Clerk, Malinda Fuller presented a liquor license renewal application for Mancos Brewing Company LLC., located at 484 East Frontage Road, Mancos, CO 81328.  Commissioner Koppenhafer moved to approve the renewal of a retail liquor, or fermented malt beverage license, for the Mancos Brewing Company, LLC. located at 484 East Frontage Road, Mancos, CO.  Second by Commissioner Lindsay and carried.  (See attached)

NOXIOUS WEED DEPARTMENT: Weed Department Manager, Bonnie Loving met with the Commissioners to give a monthly report.  Topics discussed included:  jointed goat grass, scheduled events, seasonal crews, approved grant notifications, expected grant notifications, the CDA Drought Stimulus Grant, the proposed purchase of a mulcher, the county procurement policy and the Phreatophyte Drone Video of the McElmo Creek Project.  (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; a mattress charge comparison with other County Landfills, the attended SWANA MOLO training, the 2021 annual reports,  an overflow of cardboard, the CDPHE approval for the Compost Plan, an update on the Bomag purchase, compost samples analysis and a future tree limb event.  (See attached)  

FAIRGROUNDS: Fairgrounds Manager, Justin McGuire gave his monthly report which included the year to date numbers.  Year to date numbers included; income $23,350.00 and attendance 5,115.  A discussion was held regarding past and future events scheduled at the Fairgrounds.  Other topics discussed included; an addition of a Team Roping event to the presented calendar, an update on the handicap lift project, the LED bulb projects, a completed Empire Electric energy efficiency audit, Empire rate changes and a switch to the All Energy Rates and the proposed Mural Project.  (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 Koppenhafer, Administrator Powers, Attorney MacLaren, Clerk Percell, and County Assessor Leslie Bugg, seconded by Commissioner Koppenhafer and carried.  Topics for the executive session included the Kinder Morgan matter for the 2009 Tax year.  Commissioner Lindsay moved to go out of executive session, seconded by Commissioner Koppenhafer and carried.  (See attached)

UNFINSHED BUSINESS: No unfinished business presented.

COUNTY ATTORNEY REPORT: County Attorney, Ian MacLaren gave updates on the CDPHE title restriction requirements on the Carver Field and the Road 41 Land Use violation case.

NATURAL RESOURCES, PLANNING & PUBLIC LANDS: Resource Director, James Dietrich, met with the Commissioners to give a weekly report.  Director Dietrich discussed the MMOF grant application, the Housing Planning Grant (IHOP), the Dolores County / Forest Service Campgrounds Agreement, and the Community Wildfire Protection Plan (CWPP).

COUNTY ADMINISTRATOR REPORT: Administrator, Shak Powers, reported on the attended Cattlemen’s Association event and the Cortez Chamber of Commerce new building soft opening event. 

PAYABLE EXPENDITURE REPORT: Administrator Powers presented the January 2022 Accounts Payable Expenditure Reports for approval.  Commissioner Lindsay moved to approve the expenditure for January 2022, in the amount of $4,546,681.39.  Second by Commissioner Koppenhafer and carried.   (See attached)

COUNTY COMMISSIONER REPORT: Topics discussed within the Commissioners reports included: Commission Koppenhafer discussed the attended, Intergovernmental Breakfast meeting and constituent discussions.  Commissioner Lindsay discussed the attended Cortez City Council meeting and constituent discussions.  Commissioner Candelaria discussed the attended Cortez City Council meeting, the CCI Legislative briefings, the attended Lewis Arriola Community Center fund raiser, the Monday Workshop, the sales tax initiative and the attended Dolores Town Board meeting.

CORRESPONDENCE: The following correspondence was read and noted:

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

MEETING ADJOURNED: 2:30 p.m. 

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Clerk                     March 1, 2022                                 Chairman