PROCEEDINGS OF THE BOARD OF COMMISSIONERS

MONTEZUMA COUNTY, COLORADO

May 4, 2021

STATE OF COLORADO           )

                                                     ) ss.

COUNTY OF MONTEZUMA   )

At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday May 4, 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

John C. Baxter, County Attorney

Kim Percell, County Clerk,

CHAIRMAN, CANDELARIA opened the meeting of May 4, 2021 with the Pledge of Allegiance.

MINUTES: Commissioner Lindsay moved to accept the minutes of the Proceedings of the Board of Commissioners Montezuma County, Colorado dated April 27, 2021 as written.  Motion was seconded by Commissioner Stevenson and carried.

PUBLIC HEARING: It being the time set aside a public hearing is held for review and determination, regarding a proposed 3 Lot Minor Subdivision and AR10-34 Rezoning Application submitted by Ted Clark; Agent: Maness & Associates, on property located at 26059 Road 38.5, Dolores, CO, consisting of 32.6 acres, more or less, located north of Hwy 145, east of Road 38, situated in Section 36, T.39N, R.14W, N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.  Agent, Ernie Maness 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 public hearing to Tuesday July 6, 2021 at 9:00 a.m.  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 a proposed Single Lot Development and AR3-9 Rezoning Application submitted by Justin & Brandy McGuire, on property located at 22173 Road M, Cortez, CO, consisting of 40 acres, more or less, located north of Road M, east of Road 22, 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.  Mr. McGuire 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 Stevenson moved to approve the proposed single lot development and AR3-9 rezoning application submitted by Justin & Brandy McGuire, on property located at 22173 Road M, Cortez, 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 7 Lot Major Subdivision and Rezoning Application submitted by Richard & Melanie McDonald, on property located at 12107 Hwy 145, Dolores, CO, consisting of 52.01 acres, more or less, located west of Hwy 145, north of Road M, situated in Section 12, T.36N, R.16W, N.M.P.M.   The roll was called, the public notice read, and the proceedings were recorded for the record.   Mr. and Mrs. McDonald 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 7 lot major subdivision and rezoning application submitted by Richard & Melanie McDonald, on property located at 12107 Hwy 145, consisting of 52.01 acres, more or less, as amended.  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 for a proposed Subdivision Amendment Application for the Fox Subdivision, submitted by Samuel Fox; Agent: Brian McLaughlin, on property located at 22251 Road N, Cortez, CO, consisting of 19.46 acres, more or less, located east of Road 22, north of Road N, situated in Section 5, 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, Brian McLaughlin 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 Stevenson moved to approve the application, submitted by Samuel Fox; Agent: Brian McLaughlin, on property located at 22251 Road N, Cortez, CO, consisting of 19.46 acres, more or less, located east of Road 22 and north of Road N.  Second by Commissioner Lindsay and carried.  Commissioner Candelaria closed the hearing at this time.  (See attached)

PLANNING:

Director, Haley along with Assistant, Duncan presented for approval the McWilliams / LA Fire Protection District application for a Boundary Line Adjustment Agreement.  Commissioner Lindsay moved to approve the McWilliams / Lewis Arriola Fire Protection District boundary line agreement.  Second by Commissioner Stevenson and carried. 

Director, Haley with Assistant, Duncan presented for signatures the Mylar for the 8 Lot Major Subdivision and Rezoning Application submitted by Jarrod & Colette Wyatt, on property located at 26833 Road L, Cortez, CO, consisting of 40.60 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.

Other topics discussed included; an update from Attorney Baxter regarding expired vested rights for the Jody and Jenna Payne Subdivision. 

PUBLIC COMMENT: Tiffany Ghere discussed the gun range contract, local water distribution, the Road G nuisance property, substance abuse, mental health and proposed second amendment legislation.  Charles Jeter discussed the gun range contract. 

LIQUOR LICENSE: Deputy Clerk, Jerri Frizzell presented a liquor license renewal applications for Bubba’s LLC, 18806 Hwy 491, Lewis, Co.  Commissioner Stevenson moved to approve the liquor license for Bubbas, LLC located at 18806 Hwy 491 Lewis Co.  Second by Commissioner Lindsay and carried.  (See attached)

ROAD & BRIDGE DEPARTMENT: Road Superintendent, Rob Englehart met with the Commissioners to give a monthly report.  Superintendent Englehart discussed the road and bridge schedule for the dates of April 26, 2021 through May 29, 2021 and gave an overview of the type of work scheduled for each crew.  Superintendent Englehart presented a power point presentation on the McElmo Slip Project.  Other topics discussed included; a requested decrease in the speed limit for a road section on Road H, a data baseline of well readings, a proposed phase two for the McElmo Slip Project, the development of a slope protection plan, an erosion control plan, the Alkali Bridge Project, a scheduled site visit to Hinsdale County to review an earth bind product, the Road G cleanup project and a future truck purchase.  (See attached)

NOXIOUS WEED DEPARTMENT: Weed Department Manager, Bonnie Loving met with the Commissioners to give a monthly report.  Manager Loving gave a power point presentation with her report.  Topics included; the hoary cress weed, the myrtle spurge weed, the Cheatgrass weed, cheatgrass fueled wild fires, fire impact on the mule deer, statistical data, the 2021 property schedule, land stewardship, water conservation, current project costs, a request to hire two part time positions and the required financial process to cover the cost of the additional positions.  (See attached)

LANDFILL: Landfill Manager Mel Jarmon gave his monthly report which included the 2021 Landfill budget spread sheet.  Topics discussed with the report included; scheduled State inspections, compost results, an update on the Carver Field,  an update on Cell #4, the shredder grant, a future shredder rental, the nitrogen stock, the carbon stock, the Tire Shred Program and the No Charge for Yard Waste event.  (See attached) 

FAIRGROUNDS: Fairgrounds Manager, Justin McGuire gave his monthly report which included the year to date numbers for income of $41,594.99 and attendance at 16,705. A discussion was held regarding past and future events scheduled at the Fairgrounds. 

BID AWARD: Administrator Powers presented reviewed bids for the flooring project, from Top Line Floors, Inc. in the amount of $197,101.28 and a total bid from High Tech Floors, Inc. in the amount of $163,710.00.  Commissioner Lindsay moved to award the flooring bid to High Tech Floors Inc., in the amount of $163,710.00.  Second by Commissioner Stevenson and carried.  (See attached)

EXECUTIVE SESSION: Pursuant to Attorney Baxter’s suggestion, Commissioner Stevenson moved to go into executive session for a conference with the attorney to discuss the purchase, acquisition, lease, transfer, or sale of real, personal, or other property interest under C.R.S. 24-6-402 (4) (a), and to include Commissioners Stevenson, Lindsay and Candelaria, Administrator Powers, Attorney Baxter, Clerk Percell, Fairgrounds Manager Justin McGuire, Eugene Felker and Torren Andrews,.  The motion was seconded by Commissioner Lindsay and carried.  Topics for the executive session were legal tactics of negotiation, legalities and procedure regarding proposed amendments to the Race track contract.  Commissioner Stevenson moved to come out of executive session, seconded by Commissioner Lindsay and carried.   (See attached)

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

Chairman Candelaria announced the meeting would reconvene

MONTEZUMA LAND CONSERVANCY: Executive Director Travis Custer, Conservation Director Jamie Johnson, Board President Judy Garrigues and Board Member Jeanne Becker met with the Commissioners and gave an overview of current programs and the conservation easement process.  Topics discussed included: program growth, land owner property rights, easement qualifications and terms, demographics,  general water protections, funding mechanisms, future collaboration opportunities, community planning and design, support for the agricultural community, land use planning and development, the creation of open space and recreation assets for the community, affordable housing opportunities, youth development, stewardship of the land, water rights connected to easements, the current Land Use Code, funding, long term ramifications, public information, Fozzie’s Farm and the Montezuma Inspire Coalition.    (See attached) 

WATER ISSUES: Southwestern Water Conservation District Representative Don Schwindt along with Interim General Manager, Chris Treese met with the Commissioners and gave an overview and background of the district.  Topics discussed included; the naming of the sole finalist Steve Wolf as the proposed General Manager, an overview of the district’s area map, an overview of the board appointments, forest health, ground water storage, legislative education, wildfire, funding, exploration of the demand management, drought contingency plans, interim guidelines, augmentation water, the water bank concept, the Colorado River Compact, compact protection authority, adoption of the guiding principles and the demand management program.  (See attached)

COUNTY ATTORNEY REPORT: County Attorney, John Baxter, presented for the record, an addendum to the Contract for Law Enforcement Services, between the Montezuma County Board of County Commissioners, the Montezuma County Sheriff’s Office and the Town of Dolores, to modify the contract for a patrol car unit in Dolores.  (See attached)    

NATURAL RESOURCES, PLANNING & PUBLIC LANDS: Resource Director, James Dietrich presented for approval, a letter of objection, addressed to the Honorable Diana DeGette, regarding the Colorado Wilderness Act of 2021.  Commissioner Stevenson moved to send the letter to Diana DeGette on the Colorado Wilderness Act of 2021.  Second by Commissioner Lindsay and carried.  Other topics discussed included; a proposed General Services Agreement sent to KDI Hydrasource regarding the MVI Irrigation Project to the Hospital District, attendance to the Scenic Byways Conference and the wolf re-introduction board candidates.  (See attached)  

COUNTY ADMINISTRATOR REPORT: Administrator Shak Powers discussed a request from Road & Bridge Superintendent Englehart, to be allowed to gravel the road from the Fairground entrance to the Racetrack, prior to the placement of mag chloride.  The Commissioners approved the request. 

EXPENDITURES REPORT: Administrator Powers presented the March 2021 Accounts Payable Expenditure Report for approval.  Commissioner Candelaria moved to accept the payables for the month of March, in the amount of $3,472,956.81.  Second by Commissioner Lindsay and carried.   (See attached)

COUNTY COMMISSIONER REPORT: Topics discussed within the Commissioners reports included: Commissioner Lindsay discussed the virtual attendance to the Cortez City Council meeting and the virtual attendance to the Housing Solutions meeting, constituent emails and phone calls.  Commissioner Stevenson discussed the ribbon cutting ceremony for the Town Trail Project in Mancos, attendance at the Mancos Town Board meeting, constituent emails and phone calls.  Commissioner Candelaria discussed the CCI legislative update meeting, the Front Range Rail system, a discussion with Representatives Coram and Catlin regarding the local Workforce Center, the virtual attendance for the Governors call, constituent emails and phone calls. 

CORRESPONDENCE: The following correspondence was read and noted:

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

MEETING ADJOURNED: 3:55 p.m.