PROCEEDINGS OF THE BOARD OF MONTROSE COUNTY COMMISSIONERS. DATE: September 8, 2015

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1 The Board of County Commissioners met in regular session held at the County Administrative Office Board Room at 9:00am. Those present: David White, Chairman; Glen Davis, Vice-Chairman; Ronald Henderson, Commissioner; Teresa Williams, County Attorney; Ken Norris, County Manager; Marie Simons, Deputy Clerk to the Board. A. WELCOME None 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Ronald Henderson, District 1 Present Glen Davis, District 2 Present David White, District 3 Present 4. PUBLIC COMMENT PERIOD: This was the time for members of the public to present issues of concern or interest to the Board. B. COUNTY MANAGER, Ken Norris, consideration for removal or change in any items on this Agenda: None C. CONSENT AGENDA: All matters under the consent agenda are considered routine by the Board of County Commissioners and are enacted with a single vote. There was no separate discussion of these items. If discussion was deemed necessary, that item would have been removed from the Consent Agenda and considered separately: NOTE: The Health and Services contracts are in-line with the State s fiscal year to begin 07/01/2015 and are State mandated programs as well as Federal mandated programs to begin 08/01/ Request for approval of General Fund and Special Fund Expenditures: NONE 2. Approval of Minutes: 07/06/15, 07/10/15 Special, 07/20/15 and 07/22/15 Special This document was approved on. Page 570

2 3. HEALTH AND HUMAN SERVICES, authorization for the Chairman s signature on a Purchase of Service Agreement between Hilltop Community Resources, Inc. and Montrose County Health and Human Services to provide the Safe Families Program for the implementation and delivery of the Colorado Community Response, effective 07/01/2015 through 06/30/2016, as reviewed by Counsel; this represented a budgeted reimbursed expense of $105, in support of Strategic Plan Priority #3 Provide for Public Safety and Priority #4 Effective and Responsive Government. 4. HEALTH AND HUMAN SERVICES, authorization for the Chairman s signature on the Colorado Department of Health and Environment Purchase Order Statement of Work for Building Behavioral Health Capacity in Montrose County, effective 10/01/2015 through 09/30/2016, as reviewed by Counsel; this represented a budgeted reimbursed expense of $15, in support of Strategic Plan Priority #3. 5. HEALTH AND HUMAN SERVICES, authorization for the Chairman s signature on the Colorado Department of Human Services (CDHS) Request for State Approval of Plan for the Chafee Foster Care Independent Program, effective 10/01/2015 through 09/30/2016, as reviewed by Counsel; this represented a budgeted reimbursed expense in the amount of $12, in support of Strategic Plan Priority #3 Provide for Public Safety. 6. HEALTH AND HUMAN SERVICES, authorization for the Chairman s signature on the Colorado Department of Health and Environment (CDPHE) Amendment for Task Order #3, Contract #16 FHLA WIC Program, effective 10/01/2015 through 09/30/2016, as reviewed by Counsel; this represented a budgeted reimbursed expense in the amount of $261, in support of Strategic Plan Priority #3 Provide for Public Safety. 7. HEALTH AND HUMAN SERVICES, authorization for the Chairman s signature on the Purchase of Service Contract for LEAP (Low-Income Energy Assistance Program) Eligibility Services, effective 10/01/2015 through 09/30/2016, as reviewed by Counsel; this represented a budgeted reimbursed expense of $54, in support of Strategic Plan Priority #3 Provide for Public Safety and Strategic Plan Priority #4 Effective and Responsive Government. 8. MONTROSE REGIONAL AIRPORT, authorization for the Chairman s signature on the Montrose County Agreement for Dispatch Services, effective 08/28/2015 through 08/08/2016, as reviewed by Counsel; this represented a budgeted expense in the amount of $26.00 in support of Strategic Plan Priority #3 Provide for Public Safety. 9. SHERIFF S OFFICE, authorization for the Chairman s signature on an annual grant in the amount of $37,950.00, awarded by the Victim Assistance and Law Enforcement Board of the 7 th Judicial District for the sole purpose of assisting victims of crime in Montrose County in support of Strategic Plan Priority #3 Provide for Public Safety and Priority #4 Effective and Responsive Government. This document was approved on. Page 571

3 Regarding Item C2, Commissioner White asserted that he had not finished reviewing the July 6, 2015 minutes and he requested that approval of those minutes be continued until the next BOCC meeting. Deputy Clerk Marie Simons noted that the minutes needed to be recorded in chronological order and she requested that if approval of those minutes was continued, that approval of all the minutes in Item C2 be continued to the next BOCC meeting. Commissioner Henderson asserted that he had time to review the minutes and objected to continuing approval of the minutes. Commissioner Davis suggested approving the minutes and if any changes or corrections were necessary, this could be done at a later time. COMMISSIONER HENDERSON MOVED TO APPROVE THE CONSENT AGENDA AS PRESENTED. COMMISSIONER DAVIS SECONDED. MOTION CARRIED UNANIMOUSLY. D. GENERAL BUSINESS AND ADMINISTRATIVE ITEMS: 1. MONTROSE REGIONAL AIRPORT, Lloyd Arnold, review and consent of a Memorandum of Understanding between the Airport and Goldenrod Fence, Inc. for rental, in the amount of $2, per month, for temporary fencing panels until 12/31/2015, to secure a section of Airport perimeter in accordance with FAA i and TSA ii requirements, as reviewed by Counsel in support of Strategic Plan Priority #2 Improve and Maintain a Safe Transportation System and Priority #3 Provide for Public Safety. Director of Aviation Lloyd Arnold explained that this project was for the safety and security of the Airport. The fencing question pertained to property the Airport had previously leased. Director of Aviation Arnold noted that the MOA iii was four pages in length, and at his inquiry, Commissioner White asserted that the agreement did not need to be read into the record. Director of Aviation Arnold recommended approval of the MOA. Roger Brown, a Montrose County resident, read the following excerpt from Item 3 of the MOA, which is highlighted below. This document was approved on. Page 572

4 Mr. Brown noted that it appeared the County planned to pay a great deal of money to erect a fence on private property. He also pointed out that the Montrose Daily Press had reported that the County had no contract with TVP, LLC. Commissioner White explained that temporary fencing needed to be erected to secure the area until permanent fencing could be erected. Mr. Brown inquired about what had happened to the original fencing. Director of Aviation Arnold explained that the fencing question was a stopgap measure. The Airport s Security Plan was changed; a minimum of 45 days was required to return the Security Plan to its original plan. The period of four months gave the Airport time to change the Security Plan and to solidify the Airport amendment with the TSA. Mr. Brown asked why County citizens were responsible for paying for the fence. Commissioner Davis clarified that the Airport was mandated to keep the Airport secure. According to the agreement that was in place at the time, the fence was taken down; a new fence was being erected. In the meantime, the temporary fence was erected for security reasons to allow the new fence to be built on a different property line. Since that time, the agreement between TVP and the County was no longer in place. Although the County could sue TVP, in the meantime, the County must assure the Airport was secure and this was accomplished by building a temporary fence. The County had no choice in the matter. Mr. Brown suggested that the County place a lien on the property to pay for the cost of the temporary fencing and any other associated costs. Commissioner White noted that the Commissioners agreed with Mr. Brown s sentiments and were exploring options, which included placing a lien on the property. At Mr. Brown s inquiry, Commissioner White reported that the County did not take the original fence down; a private contractor removed the fence for one of the entities involved with TVP. County Manager Ken Norris reiterated that erecting the temporary fencing was required by the County to keep the Airport operating. Mr. Brown affirmed that he understood and suggested that an item be considered on an upcoming agenda that would place a lien on the property. COMMISSIONER DAVIS MOVED TO APPROVE THE MEMORANDUM OF UNDERSTANDING BETWEEN THE AIRPORT AND GOLDENROD FENCE, INC. FOR RENTAL, IN THE AMOUNT OF $2, PER MONTH, FOR TEMPORARY FENCING PANELS UNTIL 12/31/2015, TO SECURE A SECTION OF AIRPORT PERIMETER IN ACCORDANCE WITH FAA AND TSA REQUIREMENTS, AS REVIEWED BY COUNSEL IN SUPPORT OF STRATEGIC PLAN PRIORITY #2 IMPROVE AND MAINTAIN A SAFE TRANSPORTATION SYSTEM AND PRIORITY #3 PROVIDE FOR PUBLIC SAFETY. COMMISSIONER HENDERSON SECONDED. MOTION CARRIED UNANIMOUSLY. This document was approved on. Page 573

5 2. EMERGENCY MANAGEMENT, Don Angell, consideration and authorization for the Chairman s signature on a contract with CenturyLink to provide PS/ALI which will allow Montrose County employees to call (911) and the exact location will show on the dispatch console, effective 09/08/2015, as reviewed by Counsel; this represented a budgeted annual expense in the amount of $1,262.24/$46.72 per month in support of Strategic Plan Priority #3 Provide for Public Safety and Priority #4 Effective and Responsive Government. Emergency Manager Don Angell explained that many times emergency calls from Montrose County employees were placed into the 911 dispatch center and the dispatch center could not identify what type of call was coming in or where it originated; therefore, the new contract with CenturyLink would identify the exact location, which would create a faster, safer, and more effective response. Roger Brown, a Montrose County resident, expressed approval for the new contract. Emergency Manager Angell asserted that the school district and hospital were next in line for this technology. Sheriff Rick Dunlap reported that the school district had been working with the Sheriff s Department regarding this issue and had made great progress in identifying which school was placing a phone call into the 911 dispatch center. Regarding phone calls from Montrose County employees, the Sheriff s Department planned to number every office in each building so the dispatch center could identify the location from which a phone call was originating. At Commissioner White s inquiry, Emergency Manager Angell clarified that software identifying specifically where phone calls from the school district were originating was not yet in place; he estimated this technology would be in place in 2016 and would involve replacing all the telephones in the school district, which was a major expense. The County was also working with the school district regarding the SchoolSafe 1 project that assisted the school district in transmitting information through radios and other communication to law enforcement, medical, and fire personnel. COMMISSIONER HENDERSON MOVED TO AUTHORIZE THE CHAIRMAN'S SIGNATURE ON A CONTRACT WITH CENTURYLINK TO PROVIDE PS/ALI WHICH WILL ALLOW MONTROSE COUNTY EMPLOYEES TO CALL (911) AND THE EXACT LOCATION WILL SHOW ON THE DISPATCH CONSOLE, EFFECTIVE 09/08/2015, AS REVIEWED BY COUNSEL; THIS REPRESENTS A BUDGETED ANNUAL EXPENSE IN THE AMOUNT OF $1,262.24/$46.72 PER MONTH IN SUPPORT OF STRATEGIC PLAN PRIORITY #3 PROVIDE FOR PUBLIC SAFETY AND PRIORITY #4 EFFECTIVE AND RESPONSIVE GOVERNMENT. COMMISSIONER DAVIS SECONDED. MOTION CARRIED UNANIMOUSLY. 1 For more information regarding SchoolSafe, go to This document was approved on. Page 574

6 3. EMERGENCY MANAGEMENT, Don Angell, consideration and authorization for the Chairman s signature on the Olathe Fire Protection District license for (2) ambulances to operate in Montrose County, as reviewed by Counsel, effective 09/08/2015 through 06/30/2016; all insurance, certifications, Medical Director s Affidavit and inspections have been submitted in support of Strategic Plan Priority #3 Provide for Public Safety and Priority #4 Effective and Responsive Government. Emergency Manager Angell explained that the Olathe Fire Protection District was the sixth of eight agencies to submit proper paperwork for licensing. COMMISSIONER DAVIS MOVED TO AUTHORIZE THE CHAIRMAN'S SIGNATURE ON THE OLATHE FIRE PROTECTION DISTRICT LICENSE FOR (2) AMBULANCES TO OPERATE IN MONTROSE COUNTY, AS REVIEWED BY COUNSEL, EFFECTIVE 09/08/2015 THROUGH 06/30/2016; ALL INSURANCE, CERTIFICATIONS, MEDICAL DIRECTOR'S AFFIDAVIT AND INSPECTIONS HAVE BEEN SUBMITTED IN SUPPORT OF STRATEGIC PLAN PRIORITY #3 PROVIDE FOR PUBLIC SAFETY AND PRIORITY #4 EFFECTIVE AND RESPONSIVE GOVERNMENT. COMMISSIONER HENDERSON SECONDED. MOTION CARRIED UNANIMOUSLY. 4. LEGAL, Teresa Williams, County Attorney, consideration and adoption of a resolution canceling uncollected property tax in the amount of $18, on property located in Naturita, CO in support of Strategic Plan Priority #4 Effective and Responsive Government. County Attorney Teresa Williams explained that she was presenting this item to the Commissioners for approval because she had drafted the proposed resolution. The resolution canceled uncollected property tax for the Naturita property including interest and other fees for $18, The property was located in Naturita; the owners of the property were willing to transfer the property to the Town of Naturita. The resolution was written so that the tax would not be cancelled until deeds had been received giving evidence that the property had been transferred to Naturita. At Commissioner White s inquiry, County Treasurer Rosemary Murphy reported that taxes had been uncollected on the property since She clarified that $7, was the amount owed for property taxes; the remaining amount was interest at a 15 percent rate. Commissioner Henderson explained that this property was located in a flash flood plain above the Town of Naturita and would have an important part in controlling floodwaters that had been causing damage to Naturita for several years. Because the property was located in the flash flood plain, it could not be utilized for any other This document was approved on. Page 575

7 purpose. Once Naturita owned the property, it could create a diversion for the water and hold the water so the Town of Naturita would not be flooded. Forgiveness of the property tax was a gift from Montrose County to the Town of Naturita. COMMISSIONER HENDERSON MOVED TO ADOPT RESOLUTION NO CANCELING UNCOLLECTED PROPERTY TAX IN THE AMOUNT OF $18, ON PROPERTY LOCATED IN NATURITA, CO IN SUPPORT OF STRATEGIC PLAN PRIORITY #4 EFFECTIVE AND RESPONSIVE GOVERNMENT. COMMISSIONER DAVIS SECONDED. MOTION CARRIED UNANIMOUSLY. 5. OFFICE OF COUNTY MANAGEMENT, Dave Laursen, request Board of County Commissioners review and consideration of selling Unit #1359, a 2003 Ford F250 Pickup to the Paradox Fire Protection District in the amount of $10.00, as reviewed by Counsel. According to the Montrose County Vehicle and Equipment Disposal Policy, dated 09/02/2014, vehicles sold for a discounted amount that is greater than 10% of the established market value must be brought before the Board for approval, and that the lost revenues should be supplanted to the Fund that is losing the potential revenues. The established salvage value of this vehicle is $2, This transaction supports Strategic Plan Priority #4 Effective and Responsive Government. Assistant County Manager Dave Laursen explained that the Paradox Fire Protection District had an old pickup they used for wild land fires; its pump and tank were still in good condition. Paradox Fire Protection District requested that the County sell the 2003 Ford F250 pickup (formerly of the Road & Bridge Department) for $ The salvage value of $2,000 was based upon sales the County had done in the past as well as from Kelly Blue Book pricing. The pump and tank would be moved from the old vehicle to the 2003 F250. The County s Vehicle and Equipment Disposal Policy requires that Paradox Fire Protection District keep the vehicle for a minimum of two years. At Commissioner White s inquiry, Assistant County Manager Laursen reported the mileage on the old pickup was 118,334. Commissioner Henderson expressed approval for the transaction and that it was good when Montrose County taxpayers could help its municipalities. This document was approved on. Page 576

8 COMMISSIONER HENDERSON MOVED TO AUTHORIZE TO SELL UNIT #1359, A 2003 FORD F250 PICKUP TO THE PARADOX FIRE PROTECTION DISTRICT IN THE AMOUNT OF $10.00, AS REVIEWED BY COUNSEL. ACCORDING TO THE MONTROSE COUNTY VEHICLE AND EQUIPMENT DISPOSAL POLICY, DATED 09/02/2014, VEHICLES SOLD FOR A DISCOUNTED AMOUNT THAT IS GREATER THAN 10% OF THE ESTABLISHED MARKET VALUE MUST BE BROUGHT BEFORE THE BOARD FOR APPROVAL, AND THAT THE LOST REVENUES SHOULD BE SUPPLANTED TO THE FUND THAT IS LOSING THE POTENTIAL REVENUES. THE ESTABLISHED SALVAGE VALUE OF THIS VEHICLE IS $2, THIS TRANSACTION SUPPORTS STRATEGIC PLAN PRIORITY #4 EFFECTIVE AND RESPONSIVE GOVERNMENT. COMMISSIONER DAVIS SECONDED. MOTION CARRIED UNANIMOUSLY. 6. OFFICE OF COUNTY MANAGEMENT, Dave Laursen, request the Board of County Commissioners review and consideration of selling one of the 2008 Ford F150 Pickups that are coming out of the Sheriff s program this year, to the Ouray County Land Use Department, in the amount of $1, According to the Montrose County Vehicle and Equipment Disposal Policy, dated 09/02/2014, vehicles sold for a discounted amount that is greater than 10% of the established market value must be brought before the Board for approval, and that the lost revenues should be supplanted to the Fund that is losing the potential revenues. The established salvage value of this vehicle is $9, This transaction supports Strategic Plan Priority #4 Effective and Responsive Government. Assistant County Manager Laursen reported that he received a letter from the Planner of the Ouray County s Land Use Department regarding a 2000 Ford F250 truck that was used by the County s building inspector. This truck had travelled mostly on gravel roads that were treated with magnesium chloride, which had caused a great deal of damage to the undercarriage of the truck, making repairs or replacement to the vehicle very costly. The Ouray County Commissioners authorized $1,000 for a used vehicle and instructed the Land Use Department to check with surrounding counties for available vehicles. Assistant County Manager Laursen explained that fifteen vehicles were being retired from the Sheriff s Department in 2015; since Ouray County s vehicle was a Ford, replacing it with a Ford would make an easy replacement. Assistant County Manager Laursen suggested that the 2008 Ford F150 be offered to Ouray County for $1,000. Value of the pickup was established by former sales on and Kelly Blue Book. Commissioner White inquired how revenue would be replaced that would not be going into the fleet program. Assistant County Manager Laursen iterated that the County was sufficient in both vehicles; the fleet policy required that funds (from the General Fund or similar fund) be placed back into the fleet program. Due to sales in the past on old vehicles, the County had not lowered capital costs of County departments, which meant that all sales revenue for the past three years had returned to the program; because the program had more than adequate funds to absorb costs of the vehicle, the County did not require replacement dollars. The Ouray This document was approved on. Page 577

9 County Planner indicated that in years past Ouray County had received from San Miguel County a 1999 Jeep Cherokee and a 1997 Ford Ranger, these vehicles were still in use. Roger Brown, a Montrose County resident, pointed out this would be an $8,000 gift from Montrose County to Ouray County. Assistant County Manager Laursen affirmed this was correct. Mr. Brown indicated that he could not understand why the County would approve this type of gift to Ouray County. Commissioner White pointed out that the salvage value of the vehicle was $9,000 and it was uncertain whether Montrose County would receive that amount. He also noted that Ouray County helped Montrose County in other ways; therefore, this was a good gesture between counties. County Manager Ken Norris agreed and pointed out that the County had dealings with Ouray County s HHS Department and it was good to develop good will with a neighboring county. Commissioner Davis added that once the mileage of a vehicle reached over 100,000 miles the book value was questionable. Regardless of the book value, this vehicle had been driven consistently and was not in the best of condition. Helping Ouray County would reap its rewards. COMMISSIONER DAVIS MOVED TO AUTHORIZE TO SELL ONE OF THE 2008 FORD F150 PICKUPS THAT ARE COMING OUT OF THE SHERIFF'S PROGRAM THIS YEAR, TO THE OURAY COUNTY LAND USE DEPARTMENT, IN THE AMOUNT OF $1, ACCORDING TO THE MONTROSE COUNTY VEHICLE AND EQUIPMENT DISPOSAL POLICY, DATED 09/02/2014, VEHICLES SOLD FOR A DISCOUNTED AMOUNT THAT IS GREATER THAN 10% OF THE ESTABLISHED MARKET VALUE MUST BE BROUGHT BEFORE THE BOARD FOR APPROVAL, AND THAT THE LOST REVENUES SHOULD BE SUPPLANTED TO THE FUND THAT IS LOSING THE POTENTIAL REVENUES. THE ESTABLISHED SALVAGE VALUE OF THIS VEHICLE IS $9, THIS TRANSACTION SUPPORTS STRATEGIC PLAN PRIORITY #4 EFFECTIVE AND RESPONSIVE GOVERNMENT. COMMISSIONER HENDERSON SECONDED. MOTION CARRIED UNANIMOUSLY. 7. OFFICE OF COUNTY MANAGEMENT, Dave Laursen, consideration and adoption of a resolution concerning the appointment of Joe Budagher to the position of Road and Bridge Supervisor for Montrose County, commencing today, 09/08/2015, until further order of the Board of County Commissioners, in accordance with C.R.S , as reviewed by Counsel. This appointment supports Strategic Plan Priority #2 Improve and Maintain a Safe Transportation System. Assistant County Manager Laursen explained that recently the Public Works Division was eliminated and that Ken Winckler was appointed the Road & Bridge Supervisor according to State statute. Joe Budagher was promoted to Director of the Road & Bridge Department and was the obvious choice to take over that State statute requirement for the supervisor position. This document was approved on. Page 578

10 Roger Brown, a Montrose County resident, inquired about how this change would affect the County financially. Assistant County Manager Laursen explained that the position would save the County money because two positions (Public Works Director and Budget Analyst) had been eliminated. Mr. Budagher had also been given a small raise in pay because he had been promoted from superintendent to director. Mr. Brown noted that the title director was not part of the item description. Commissioner White clarified that State statute required Mr. Budagher s title to be supervisor ; however, the County s title for that position was director. County Attorney Teresa Williams added that Mr. Budagher s title was currently superintendent and would also be supervisor. At Mr. Brown s inquiry, Commissioner White explained that the title supervisor was in the County s organizational chart. County Manager Ken Norris clarified that directors headed all County divisions; this was based on the County s organizational chart. The County was also required to abide by State statute, which identifies the position to be supervisor. This reorganization saved the County a significant amount of money. At Mr. Brown s inquiry, County Attorney Williams asserted that State statute did not require paperwork for promoting Mr. Budagher to director. At Mr. Brown s inquiry, Assistant County Manager Laursen reiterated that Mr. Budagher s promotion saved the County money (approximately $150,000) because two positions were eliminated in the process. Mr. Budagher would now perform some of the duties the former Public Works Director performed. Commissioner White added that Mr. Budagher received a small raise of approximately $15,000 per year. COMMISSIONER HENDERSON MOVED TO ADOPT RESOLUTION CONCERNING THE APPOINTMENT OF JOE BUDAGHER TO THE POSITION OF ROAD AND BRIDGE SUPERVISOR FOR MONTROSE COUNTY, COMMENCING TODAY, 09/08/2015, UNTIL FURTHER ORDER OF THE BOARD OF COUNTY COMMISSIONERS, IN ACCORDANCE WITH C.R.S , AS REVIEWED BY COUNSEL. THIS APPOINTMENT SUPPORTS STRATEGIC PLAN PRIORITY #2 IMPROVE AND MAINTAIN A SAFE TRANSPORTATION SYSTEM. COMMISSIONER DAVIS SECONDED. MOTION CARRIED UNANIMOUSLY. E. UNFINISHED BUSINESS: NONE This document was approved on. Page 579

11 F. PLANNING & DEVELOPMENT: OLD BUSINESS NONE OTHER BUSINESS PROCEEDINGS OF THE 1. Amended Plat of Lots 1, 2 and 3, Country Home Subdivision (AM ) Location: and Road Zoning: General Agricultural Proposal: To lift a plat note Owners: Charles and Debra Ponchak, Joel and Jean Ann Kleeves Applicant: Del-Mont Consultants Projected Land Use: Agricultural/Rural Residential Exhibits: Amended Plat, Letter from Fire District PLANNING & DEVELOPMENT STAFF REPORT PROJECT DESCRIPTION: This was an application for an Amended Plat to Lift a Plat Note. The original Country Home Subdivision included the Standard Plat Note, which required fire sprinklers. The note reads as follows Residential fire sprinkler system required with new construction in Lot 3 and 4. ANALYSIS: Section 10.2.C of the Montrose County Subdivision Regulations indicates: The Board may consider an Amended Plat to Lift a Plat Note where the beneficiaries of the plat note have provided written release of their interest in said plat note and the Board determines that the public interest will be best served by lifting the note. The owner requested to remove that plat note because of the cost and difficulty of installing a fire sprinkler system. It was the Planning & Development Staff s belief that the lifting of the Plat Note would not be a detriment to the public health and welfare of the neighboring property owners or the County at large. This document was approved on. Page 580

12 The Montrose Fire Protection District reviewed the request and supported the lifting of the plat note. Since the time this subdivision was originally approved, the District has constructed a Fire Station on Spring Creek Mesa. RECOMMENDATION: Staff recommended approval of the Amended Country Home Subdivision based on the following findings of fact: a) The proposed amendment to lift a plat note will not be a detriment to the public health and welfare of the neighboring property owners or the County at large. b) The Montrose Fire Protection District supports the lifting of the plat note. Discussion At Commissioner White s inquiry, Planning & Development Director Steve White clarified that the Montrose Fire Protection District supported lifting the plat note. COMMISSIONER DAVIS MOVED TO APPROVE THE AMENDED PLAT OF LOTS 1, 2 AND 3, COUNTRY HOME SUBDIVISION BASED ON THE TWO (2) FINDINGS OF FACTS. COMMISSIONER HENDERSON SECONDED. MOTION CARRIED UNANIMOUSLY. 2. Dakota Vista Subdivision Preliminary Plan (MA ) Location: Maple Grove Road Zoning: General Agricultural Proposal: To divide acres into nine (9) lots Owners: Mark Covington and Tom Abbott Applicant: Mark Covington Projected Land Use: Agricultural/Rural Residential Exhibits: Vicinity Map, 11 x 17 Preliminary Plan PLANNING & DEVELOPMENT STAFF REPORT PROJECT DESCRIPTION: The Board of County Commissioners originally approved the Preliminary Plan for this subdivision on June 7, The Preliminary Plan was for 17 lots. The Board subsequently approved filing #1 for nine (9) of the lots on March 21, No additional filings or extensions were applied for and the preliminary plan expired. In order This document was approved on. Page 581

13 to proceed with additional filings, the Applicant applied for a new preliminary plan. This Preliminary Plan matches the original plat. This was a Preliminary Plan application for a Major Subdivision. The Applicant proposed to divide twenty-two (22) acres into nine (9) lots. The lots range from 1.5 to 3.0 acres in size. All of the lots will have direct access to a county road (Mancos Lane). Potable water will be provided by Chipeta Water District. Individual OWTS iv will provide wastewater service. ANALYSIS: The Land Use Element of the Montrose County Master Plan designates this area for Agricultural/Rural Residential uses. These are defined as areas designated for agricultural uses and single-family residential development. The suggested minimum density for this district is one primary dwelling unit per three acres. As proposed, this subdivision is consistent with the land use designation of the Montrose County Master Plan. The original submittal of this Preliminary Plan in 2004, provided data that the lots will meet the County Board of Health (OWTS) regulations. RECOMMENDATION: The Planning Commission recommended approval of this Preliminary Plan based on the following findings of fact: a) The proposed Preliminary Plan will comply with the requirements of the Montrose County Subdivision Regulations. b) The proposed Subdivision is consistent with the development standards of the General Agricultural Zoning District. c) The proposed Subdivision is consistent with the land use designation of the Montrose County Master Plan. Discussion None This document was approved on. Page 582

14 COMMISSIONER HENDERSON MOVED TO APPROVE THE DAKOTA VISTA SUBDIVISION PRELIMINARY PLAN BASED ON THE THREE (3) FINDINGS OF FACT. COMMISSIONER DAVIS SECONDED. MOTION CARRIED UNANIMOUSLY. 3. Dakota Vista Subdivision Filing #2 (MA ) Location: Maple Grove Road Zoning: General Agricultural Proposal: Filing #2 of nine (9) lots Owner: Mark Covington Applicant: Same Projected Land Use: Agricultural/Rural Residential Exhibits: Vicinity Map, 11 x 17 Preliminary Plan PLANNING & DEVELOPMENT STAFF REPORT PROJECT DESCRIPTION: This was a Final Plat application for a Major Subdivision. The Applicant proposed to divide twenty-two (22) acres into nine (9) lots. The lots range from 1.5 to 3.0 acres in size. All of the lots will have direct access to a county road (Mancos Lane). Potable water will be provided by Chipeta Water District. Individual OWTS will provide wastewater service. The Final Plat was in conformance to the approved Preliminary Plat. ANALYSIS: The Land Use Element of the Montrose County Master Plan designates this area for Agricultural/Rural Residential uses. These are defined as areas designated for agricultural uses and single-family residential development. The suggested minimum density for this district is one primary dwelling unit per three acres. As proposed, this subdivision is consistent with the land use designation of the Montrose County Master Plan. All infrastructures that will allow homes to be built on the lots have been installed. The roadways have been installed, approved, and constructed to Montrose County Road and Bridge Standards. This document was approved on. Page 583

15 RECOMMENDATION: Planning & Development Director White recommended approval of Phase 2 of this Final Plat based on the following findings of fact: d) The proposed Final Plat is in conformance to the Preliminary Plan and complies with the requirements of the Montrose County Subdivision Regulations. e) The proposed Subdivision is consistent with the development standards of the General Agricultural Zoning District. f) The proposed Subdivision is consistent with the land use designation of the Montrose County Master Plan. Discussion Planning & Development Director White explained that the Final Plat could not be approved without a Preliminary Plat; therefore, the Preliminary Plat was approved in Item F2 of this agenda. Commissioner Davis inquired whether the owner planned to build homes in that area. Mark Covington, one of the owners of the subdivision, affirmed that he was hopeful they would be able to build homes in the area. COMMISSIONER DAVIS MOVED TO APPROVE THE DAKOTA VISTA SUBDIVISION, FILING #2 BASED ON THE THREE (3) FINDINGS OF FACT. COMMISSIONER HENDERSON SECONDED. MOTION CARRIED UNANIMOUSLY. 4. Marty and Janelle Minor Subdivision (MI ) Location: 2529 and 2539 E Miami Road Zoning: General Residential Proposal: To divide a acre lot into two (2) lots Owners: The John Deltondo Family Trust Applicant: Marty Deltondo Projected Land Use: Agricultural/Rural Residential Exhibits: Vicinity Map, 11 x 17 Minor Plat This document was approved on. Page 584

16 PLANNING & DEVELOPMENT STAFF REPORT PROJECT DESCRIPTION: This was an application for a Minor Subdivision. The Applicant proposed to divide a 20 acre parcel into 2 lots, with Lot 1 consisting of 6.2 acres and Lot 2 consisting of 13.8 acres. Both lots have existing homes. The lots have road frontage on Miami Road. Potable water will be provided by the City of Montrose and Waste Water disposal by OWTS. ANALYSIS: The Land Use Element of the Montrose County Master Plan designates this area for Agricultural/Rural Residential uses. These are defined as areas designated for agricultural uses and single-family residential development. The suggested minimum density for this district is one primary dwelling unit per three acres. It was recommended that the zoning resolution be updated to include a Rural Residential Zoning District, which required a minimum density of one primary dwelling unit per the acre minimum lot size. As proposed, this subdivision is consistent with the land use designation of the Montrose County Master Plan. The subdivision was in conformance with all requirements of the Montrose County Subdivision Regulations. Because there was an existing home, the 25-foot utility and irrigation easement located adjacent to Miami Road had to be reduced by 5 feet where it is adjacent to the home. RECOMMENDATION: The Planning Commission recommended approval of this Minor Subdivision based on the following findings of fact: a) The proposed Minor Subdivision will comply with the requirements of the Montrose County Subdivision Regulations. b) The proposed Minor Subdivision is consistent with the development standards of the General Agricultural Zoning District. c) The proposed Minor Subdivision is consistent with the land use designation of the Montrose County Master Plan. This document was approved on. Page 585

17 Discussion Planning & Development Director White informed the Board that this subdivision was within the City of Montrose s IGA v boundary; the County agreed not to take action on subdivision or land use issues without the City s review and approval. This item was submitted to the City of Montrose and it was determined there would be no impact to City of Montrose citizens if this subdivision were to stay within the County without annexation. COMMISSIONER HENDERSON MOVED TO APPROVE THE MARTY AND JANELLE MINOR SUBDIVISION BASED ON THE THREE (3) FINDINGS OF FACT. COMMISSIONER DAVIS SECONDED. MOTION CARRIED UNANIMOUSLY. G. EXECUTIVE SESSION: NONE This document was approved on. Page 586

18 With no further business coming before the Board, the Board of County Commissioners adjourned at 9:58am. ATTEST: Tressa W. Guynes, Clerk & Recorder By: Marie Simons, Deputy Clerk to the Board David S. White, Chairman Glen Davis, Vice Chairman Ronald D. Henderson, Commissioner Acronym Guide i FAA: Federal Aviation Administration ii TSA: Transportation Security Administration iii MOA: Memorandum of Agreement iv OWTS: Onsite Wastewater Treatment Systems v IGA: Intergovernmental Agreement This document was approved on. Page 587