PROCEEDINGS OF THE BOARD OF COMMISSIONERS MONTEZUMA COUNTY, COLORADO August 18, 2014

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1 1 PROCEEDINGS OF THE BOARD OF COMMISSIONERS MONTEZUMA COUNTY, COLORADO August 18, 2014 STATE OF COLORADO ) ) ss. COUNTY OF MONTEZUMA ) At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Monday August 18, 2014 at the courthouse in Cortez, Colorado, there were present: Keenan Ertel, Chairman Larry Don Suckla, Vice-Chairman. Steve Chappell, Commissioner of Deeds Melissa Brunner, County Administrator John C. Baxter, County Attorney Carol Tullis, County Clerk CHAIRMAN Ertel opened the meeting of August 18, 2014 with the Pledge of Allegiance. MINUTES: Comm. Suckla moved to approve the minutes of the Proceedings of the Board of Commissioners Montezuma County, Colorado dated August 11, 2014 as presented. Motion was seconded by Comm. Chappell and carried. LIQUOR LICENSE: Clerk s Deputy Lynn Dorenkamp presented the following liquor licenses and special events licenses for approval. The renewal for a beer and wine license for Kelly Place, a request for special events license for United Way of SW Colorado was presented. This event is scheduled for December 4, 2014 at Four Seasons Greenhouse and Nursery, and a special event license for Southwest Memorial Hospital Foundation was presented for approval. The Southwest Memorial Hospital Foundation event will be held at the Trail Canyon Ranch on October 19, Comm. Chappell moved to approve the applications for Kelly Place, United Way of SW Colorado and Southwest Memorial Hospital Foundation, seconded by Comm. Suckla and carried. (See applications attached) PUBLIC COMMENT: Greg Kemp informed the Board that the EPA has finished its work on the Red Arrow Mine. ROAD DEPARTMENT: Superintendent Rob Englehart reported on the road and bridge schedule. He said the Cortez district has bladed some non mag roads. The district has been working on erosion control on Road H and other county roads. The Cash Canyon road needs

2 2 work. Mancos district is working on Road BB then up to work on the parking lot at Transfer Park. The Dolores district is working the same schedule as the Mancos District. Roundup is working on road 23. He said the weed control program is working and mowing weeds. He talked about the costs for materials involved in various road projects. Superintendent Englehart researched how many trucks pass through the Port of Entry in one month. He said they informed him that an average of 12,500 trucks passes through the port on a monthly basis. (See schedule attached) FEDERAL LANDS: Representatives Debbie Kill, Derek Padilla, and Marietta Eaton, met to update the Board on various projects. Debbie Kill discussed the Kinder Morgan seismic program clean up. She and Derek Padillia discussed the Russ Saw Mill project being on track. The Tri State power line upgrade is in progress. Ms. Kill mentioned the Boggy-Glade motor vehicle road map is on line and they are installing signage there. Ms. Kill said the Rico -West Dolores panel workshop is scheduled for September 11, 2014 and once the proposed action is done they will do a broad informative outreach. Mr. Padilla said they are working on the McPhee Breakwater designs from Blue Water. They said work on the layout of Dolores-House Creek trail is in progress. Marietta Eaton representing the Canyon of the Ancients National Monument discussed acquisition of properties. She stated a casual use permit will be issued for the seismic work being done around the Goodman Point area. She talked about Sand Canyon saying she has had 2 retirements and wishes to put emphasis on education. She said the Southwest Colorado Canyons Alliance has received their 501(c)3 status and that will help in obtaining grants. Connie Clementson was unable to attend due to having to attend an after action review. A discussion was held concerning the Gunnison Sage Grouse habitat and the feeling is that there is no potential habitat in the Canyon of the Ancients. Ms. Eaton presented the new brochure for the CANM. (See attached) The Board talked about forest service roads that they feel are county owned. FAIRGROUNDS: Fairground Manager Tanner Young reported on attendance, income and events recently held. He informed the Board on upcoming events. Mr. Tanner talked about the progress on the new sign saying work is to begin this week. He said he would like to request an exception to comp time for his employees during the time he is gone. Comm. Suckla moved to grant comp time exemption for Tim Cook and Larry Copeland during Manager Young s absence and for the time to be used by the end of this year, seconded by Comm. Chappell and carried. (See attached) TREASURER Sherry Dyess, Kathy McCully, and Kathi Bjorkman with Echo Basin Ranch met to discuss prior year s property taxes. Treasurer Dyess informed the Board that in tax years 2008 and 2009 the taxes were not paid in a timely manner and the property went to tax sale. Abatements were done and refunds were processed and applied to the tax lien holder. Ms.

3 3 Bjorkman said they feel they did not receive all the monies they were entitled to. The Board asked the county attorney to look into this issue. (See attached) LUNCH: PUBLIC HEARING: It being the time set aside a public hearing is held. The roll was called, the public notice read, and the proceedings were recorded for the record. The applications for a high impact permit and special use permit is being submitted by Geophysical Land Services, Inc., Agent Larry Smith, client; Kinder Morgan CO2 Company. The permits are for the purpose of conducting a 3D geophysical seismic survey project within approximately 47 square miles of the Goodman Point area. Public notice is hereby given to mineral interest owner(s) located in the proposed test area which is situated within Townships 36 & 37 N and ranges 17 & 18 W N.M.P.M. It was explained this survey will provide data to develop a three dimensional image of the geologic structure and stratigraphy underlying the project area. The data generated from this survey will significantly enhance evaluation of the potential of CO2 mineral resources. Larry Smith discussed the applications in detail. Planning Director Milligan talked about the Planning and Zoning Commission s concerns. Mr. Smith addressed those concerns. Comm. Ertel opened the hearing up to public comment. Hearing none that portion was closed. After hearing all the evidence presented Comm. Chappell moved to approve the high impact and special use permit applications submitted by Geophysical Land Services, Inc. for a 3D geophysical seismic survey on approximately 47 acres in the Goodman Point area, seconded by Comm. Suckla and carried. (See attached.) Comm. Ertel closed the hearing. FINAL PLAT: Planning Director LeeAnn Milligan presented the final plat for a 2 lot minor development on property owned by the Ronald and LaDean Chadwick Trust, consisting of acres, more or less, located at Road 29.4, Dolores. The final plat was presented and signed by the Board. FINAL PLAT: The final plat for a single lot development, known as the Casa De Negro Single-Lot Development, consisting of 10 acres, more or less, on property owned by Black Land, LLC, located at Road 16, Cortez was presented. The final plat was signed by the Board. FINAL PLAT: Final plat for an exemption request on properties owned by Deana R. Whitmer, located at and Road C, Cortez was presented for approval. Said property is located in Sec. 5 T. 36N, R.17W., N.M.P.M. creating one three acre, more or less tract and one 104 acre, more or less, tract from the two existing tracts of 80 acres, more or less, and 27 acres, more or less. Director Milligan said no additional tract would be created by granting the exemption. Comm. Suckla moved to approve the after-the-fact resolution , seconded by Comm. Chappell and carried. (See attached)

4 4 PUBLIC HEARING: It being the time set aside a public hearing is held for the purpose of reviewing and determining a high impact permit request. The roll was called, the public notice read, and the proceedings were recorded for the record. This request is for a proposed retail store and pawn shop on property owned by Joys of the Southwest, LLC, agent H.D. Randolph. Said property is located at a to be determined Road G.2 address, Cortez, consisting of 3 acres, more or less. Planning Director Milligan explained the plans for the retail store and pawn shop. Mr. Randolph was not in attendance. Comm. Ertel opened the hearing up to public comment. Hearing none that portion of the hearing was closed. After hearing all the evidence presented Comm. Suckla moved to approve high impact permit for H. D. Randolph for property located on G.2, Cortez, seconded by Comm. Chappell and carried. (See attached) FINAL PLAT: Planning Director LeeAnn Milligan presented the final plat for an exemption request on property owned by Celeste and Kevin Lambson, with property located at Road 22, Lewis and Kenneth and Karen K. Thomsen, with property located at Hwy. 491, Lewis. The Lambson property consists of 38.8 acres, more or less, wherein they wish to convey 25 acres, more or less, to the adjacent land owners, the Thomsens. It was stated that no new lot will be created. The final plat was presented and signed. EXEMPTION: Comm. Chappell moved to approve exemption ATF on the Lambson property, seconded by Comm. Suckla and carried. (See attached) COUNTY ADMINISTRATOR: Melissa Brunner said she and Social Service Director Dennis Story will be going over a job description to fill his position. She talked about the County health insurance program. COUNTY ATTORNEY: Attorney Baxter talked about the law suit on the Dolores River Valley Plan. Attorney Baxter was asked by Erin Johnson, attorney for the Protect Montezuma County Water group not to send the letters to platted TDR owners Attorney Baxter was informed the letters to platted TDR owners have not gone out yet and he asked them not be sent out at this time. Planning Director LeeAnn Milligan introduced Renette Karo as the new Planning Department assistant. NATURAL RESOURCES PLANNING AND FEDERAL LANDS REPORT: No report COUNTY COMMISSIONERS: No report CORRESPONDENCE: The following correspondence was read and noted.

5 5 Dolores Water Conservancy District Minutes and notice or regular meeting. MOTION TO ADJOURN was made by Comm. Chappell, seconded by Comm. Suckla and carried. MEETING ADJOURNED 2:50 p.m. County Clerk August 18, 2014 Chairman