With less than a month remaining before the Cortez municipal recall election and no candidates registered as potential replacements, recall committee member Bud Garner is sticking to his guns saying the mayor and four city councilors should be removed from power for bad governance.
In response to a series of Journal interviews with the incumbents, Garner said the existing officials did not address specific issues raised by the committee that instigated the recall.
It would be nice if they made their case point by point, which none of those five interviews did, he said. They talked about all the feel-good stuff. I dont care about feel good. I care about following the law, following city code.
The biggest issue, Garner said, is the citys involvement in the Flaugh-Clark subdivision, in which more than $325,000 in public funds was invested in street and infrastructure an expense usually left up to the private developer.
So we heard about the need for another access into Brandons Gate (subdivision), he said. Theres already two, which satisfies the fire department regulation. But none of them address the issues of the contract, or the city code or any of those things. The information that Ive seen leads me to believe that there are violations of the city code.
Certain city land use codes such as lot size requirements, and a requirement that a certain amount of land be used for parks or a cash donation be made to the city for park space elsewhere were waived during project planning.
Cortez City Planning Director Kirsten Sackett told the council in an August meeting that since the city was involved in the development, it would not be practical for the city to make a donation to itself. Further, she said it was not uncommon for certain requirements to be waived by the planning and zoning commission.
Further, Garner said he believes the city-designed sewer line in the development did not meet Cortez Sanitation District Requirements.
The sanitation district board of directors rejected the proposed line in January, hinting that a privately-owned line would be accepted. The next month, the board narrowly approved the privatized line in a 3-2 vote with board members Jodie Henley and Dave Waters voting against.
As a result of the disagreement, the city must take ownership of the line which would typically become property of the sanitation district and maintain it in perpetuity at a cost to the taxpayers.
Garner said he believes city officials are not holding themselves to the same standards that they would apply to private developers.
Its improper governance, especially the expense of it, he said. I dont care if its 20 cents. Its an improper expense of the taxpayers money.
Mayor Dan Porter previously argued the Tucker Lane extension through Flaugh-Clark was chosen to avoid condemnation of the Flaugh residence a point Garner contends.
Just looking at it from the ground, I dont see that would be an absolute necessity, he said. Or the alignment of Tucker Lane could have gone just to the north of that property and perhaps not created any issue at all, except the owner may not have liked the traffic in front of his house.
On the recall committees website, www.cityofcortezrecall.com, the group argues city officials overuse emergency ordinances.
One such emergency ordinance was used for the approval of a $1,147,062 loan to partially fund construction of a micro-hydroelectric plant, which city staff estimate will pay for itself in about 15 years.
City Manager Jay Harrington previously argued the emergency ordinance was necessary to secure the low interest, 2 percent, loan, which was under time constraints.
Garner said be believes emergency ordinances should be used only in cases where the health, welfare and wellbeing of residents are at risk. He said he believes the emergency ordinances are being used to skirt the referendum process.
That was not an emergency ordinance, he said. What emergency existed that required the city of Cortez to install a hydroelectric plant?
Overall, Garner said he believes council members do not independently research what they are told by city staff.
The council is the only ones that the public can hold accountable, he said. The public cannot hold staff accountable. Thats the city councils job. We dont think theyve done a very good job.
Garner admits most claims the group made against the city are relatively minor by themselves.
Its the whole picture that gets painted, he said. But the Flaugh-Clark thing is what pushed the limits because now were not talking about minor things. Were not talking about using a clause to thwart the referendum process. Were not talking about whether or not some folks feel theres a hostile work environment. Were talking about $300,000 out of the taxpayers that is going to the benefit of those property owners.
Councilors Donna Foster, Matt Keefauver, Robert Rime, Betty Swank and Mayor Porter are up for potential recall in the May 3 election. Councilors Tom Butler and Bob Archibeque are not on the ballot for potential recall.
Incumbent officials and opponents of the recall effort say it is backed by a small group of developers attempting to further their personal business interests.
Garner, also spokesperson for the Four Corners 9-12 Project/Tea Party, said the organization is not involved in the city recall effort.
The ballot will let voters decide whether or not an official should be retained, and if not, who should replace them. Although three individuals have picked up paperwork to run, none has yet returned petitions with the required 25 signatures to run as potential replacements.
Potential candidates must be a registered voter at least 21 years old who has resided in Cortez for at least a year.
Petitions are due Wednesday. If no one runs against a recalled incumbent official, a replacement will be appointed by the remaining counselors.
The deadline to register for the recall election was April 1. Applications for absentee ballots are available at city hall. Absentee voting will take place from April 25 to 28.
Polls will be open 7 a.m. to 7 p.m. May 3 at the Montezuma County Annex Building, 103 N. Chestnut St., and Montezuma Valley Presbyterian Church, 350 S. Washington.
More information on the election can be obtained from the city clerks office at 564-4008.
Reach Reid Wright at reidw@cortezjournal.com.