PROCEEDINGS OF THE BOARD OF COMMISSIONERS

MONTEZUMA COUNTY, COLORADO

February 8, 2022

STATE OF COLORADO           )

                                                     ) ss.

COUNTY OF MONTEZUMA   )

At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday February 8, 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 Lindsay moved to approve the minutes of the Proceedings of the Board of Commissioners Montezuma County, Colorado dated February 1, 2022 as presented.  Motion was seconded by Commissioner Koppenhafer and carried.

PUBLIC HEARING: It being the time set aside a public hearing is held for review and determination a proposed Single Lot Development and AR3-9 Rezoning Application, submitted by Triple S Farms, LLC; agent: Ernie Maness, on property located at 26780 Road M, Cortez, CO, consisting of 247.62 acres, more or less, located south of Road M, west of Hwy 145, situated in Section 13, T.36N., R.16W., N.M.P.M..  The roll was called, the public notice read, and the proceedings were recorded for the record.  Commissioner Candelaria recused himself from the hearing.  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 Lindsay opened the hearing to public comment.  Public Comment was made by Tim Lanier.  Hearing no further public comment that portion of the hearing was closed.  After hearing all the evidence presented Commissioner Koppenhafer moved to approve the proposed single lot development and AR3-9 rezoning application, located at 26780 Road M, Cortez, CO, consisting of 1.5 acres, more or less.  Second by Commissioner Lindsay and carried.  Commissioner Lindsay 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 Single Lot Development and AR3-9 Rezoning Application submitted by Joseph & Austin Hancock, on property located at TBD Road 16, Yellow Jacket, CO, consisting of 115.69 acres, more or less, located south of Road W, east of Road 16, situated in Section 5, T.37N, R.17W, N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.  Planning Director, Don Haley with Assistant, S. Jane Duncan requested that the hearing be postponed to February 22, 2022 at 9:20 a.m.   Commissioner Koppenhafer moved to continue the public hearing on a single lot development and AR3-9 rezoning application submitted by Joseph & Austin Hancock, to February 22, 2022, at 9:20 a.m.  Second by Commissioner Lindsay and carried.  Commissioner Candelaria closed the hearing at this time.  (See attached)

PLANNING: Planning Director, Don Haley along with Assistant, S. Jane Duncan reported that the Mylar for an Amendment to the Lutken 2 Lot Minor Subdivision, submitted by Jesus Castillo and Amanda Edwards; agent: Bernard Karwick, on properties located at 12168 Road G, consisting of 3.40 acres, more or less and 12318 Road G, consisting 18.08 acres, more or less, Cortez, CO, both located south of Road G, situated in Section 4, T.36N, R.18W, N.M.P.M., had been postponed to a later date.

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PLANNING: Planning Director, Don Haley along with Assistant, S. Jane Duncan reported that the Variance for the Land Use Code Requirement of the 3 acre parcel size and the 30-foot setback requirement, submitted by Carlene Porter; 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., had been postponed to a later date.

DISCUSSION: Planning Director Haley reported that he had sent a letter of compliance to the Elegant Mobile Homes Park.  Administrator Powers discussed the required Landfill process and expense for mobile home disposal.  Attorney MacLaren discussed the process of Land Use Code violations.  The Commissioners were in agreement that Attorney MacLaren contact the property owners.     

PUBLIC COMMENT:  Jeff Coulon discussed the Commissioner’s approval for the use of the Fairgrounds parking lot and the current Combined Courts mask requirements.

MONTEZUMA COUNTY VFW AUXILIARY POST 5231: Queenie Barz met with the Commissioners with a request of a fee waiver, for the use of Annex I, for the March 17^th, Saint Patrick’s Day Fundraiser.  Commissioner Lindsay moved to approve the request from the VFW Post #5231, for waiving of the fees, at the Annex, for the St. Patrick’s Day Dinner.  Second by Commissioner Koppenhafer and carried. 

LIQUOR LICENSE: Deputy Clerk, Malinda Fuller presented a transfer of ownership liquor license application for, Bubba’s LLC, 18806 Hwy 491, Lewis, Co., to Bubba J’s LLC.  Commissioner Koppenhafer moved to approve the Colorado liquor retail license application transfer to Bubba J’s, LLC located at 18806 Hwy 491 Lewis Co., 81327.  Second by Commissioner Lindsay and carried.  (See attached)

LIQUOR LICENSE: Deputy Clerk, Jerri Frizzell presented for approval a liquor license renewal application for the, Westview RV Resort, located at 12092 Hwy 145, Dolores, Co., mailing address P.O. Box 483 Cortez Co. 81321.   Commissioner Lindsay moved to approve a liquor license renewal application for Westview Resort, P.O. Box 483 Cortez, Co., located at 12092 Hwy 145.  Second by Commissioner Koppenhafer and carried.  (See attached)

LIQUOR LICENSE: Deputy Clerk, Jerri Frizzell, presented for approval a liquor license renewal application for Paragon Business Investments, LLC, DBA Hilltop Liquors, located at 27963 Hwy. 184, Dolores, Co. 81328. Commissioner Koppenhafer moved to approve the renewal application for retail liquor and fermented malt beverage, for Hill Top Liquors, at 27963 Hwy 184, Dolores.  Second by Commissioner Lindsay and carried.  (See attached)

VEHICLE MAINTENANCE: Road & Bridge Equipment Manager, Shane Higman met with the Commissioners to give a monthly report.  Manager Higman gave a Departmental overview and introduction to Commissioner Koppenhafer. Topics discussed included; the number of vehicles included within the fleet, funding, the new coordination with Enterprise for the Sheriff units, new Emergency Manager and Coroner pickups, the new merged Enterprise fuel card and rebate checks. 

GROUNDS AND BUILDINGS: Maintenance Supervisor, Dustin Sattler met with the Commissioner to give his monthly grounds and buildings report. Supervisor Sattler gave a Departmental overview and introduction to Commissioner Koppenhafer.  Topics discussed included, the combined courts gutter project, an emergency exit window for Social Services, the fire extinguishers projects at the Road Department, and an update on the Lost Canyon Shop project.

GIS MAPPING: GIS Manager, Doug Roth met with the Commissioners to a monthly report.  Manager Roth gave a Departmental history and overview which included; Custom Imagery, the development of an EMS data base for Tribal lands, development of trail and recreation mapping, the SmartGov Planning software, address assignments, address corrections, the GIS data system support for the E911 system, a county wide address point data base, and the new precinct interactive map on the County website.  (See attached)

PUBLIC LANDS: Canyon of the Ancients National Monument Manager, Ray O’Neal met with the Commissioners and discussed;  a new architectural drawing exhibit at the heritage center, a new partnership for the Bookstore, the expansion of the hours of operation to five days a week,  the Austin acquisition and an update on the Yellow Jacket and Flowdine grazing allotments.

Bureau of Land Management, Connie Clementson, discussed the scheduled, March 2^nd and 3^rd, Southwest Resource Advisory Council meeting to be held in Montrose, the Southwest Resource Advisory Council meeting to be held at the Tres Rios Field Office in June and the available open seats on the Southwestern Resource Advisory Council.  

DISCUSSION: Danny Margoles, Coordinator with the Dolores Watershed Resilient Forest (DWRF) met with the Commissioners to give an introduction to the Commissioners and an update on the collaborative.  Topics discussed included the steering committee, support for resilient Forest Communities watersheds, education, outreach, resource development, risk reduction, program areas, Forest Ambassador Training, defensible space projects, advance monitoring, core goals, large scale forest restoration and  identification of core areas of focus.  (See attached)

UNFINSHED BUSINESS: Town of Mancos 1-3 Mile Plan: Administrator Powers presented for approval, the Intergovernmental Agreement for Road and Street, Water and Sewer, Infrastructure Management for the One Mile Area between the Town of Mancos, Colorado and Montezuma County Colorado. Commissioner Lindsay moved to sign the Intergovernmental Agreement for Road, Street, Water and Sewer, Infrastructure Management, for the One Mile Area, between the Town of Mancos, and Montezuma County.  Second by Commissioner Koppenhafer and carried.  (See attached)

COUNTY ATTORNEY REPORT: County Attorney, Ian MacLaren gave updates on the current Land Use Code violation cases.

NATURAL RESOURCES, PLANNING & PUBLIC LANDS: Resource Director, James Dietrich, met with the Commissioners to give a weekly report. Director Dietrich presented for approval, a letter addressed to the San Juan National Forest, Dolores Ranger District in regards to County comments on the Beaver Rim Pit Expansion Project.  Commissioner Lindsay moved to sign the letter of support, for the Beaver Rim Expansion Project.  Second by Commissioner Koppenhafer and carried.   Other topics discussed included; a discussion held with the DWRF group.   Director Dietrich along with Emergency Manager, Jim Spratlen presented for approval a letter addressed to Mrs. Joey Perry, the USFS Program Manager, regarding a request for a 30 day extension, to the comment period for the US Department of Agricultural (USDA) Forest Service’s proposed rule establishing Annual Programmatic Administration fees for Communications Use Authorizations. Commissioner Koppenhafer moved that the Montezuma County Board of County Commissioners sign a letter addressed to the U.S. Department of Agriculture (USDA) requesting an extension of time to the comment period for the Forest Service’s Proposed Rule Establishing Annual Programmatic Administrative Fees for Communications Use Authorizations published December 22, 2021.  The current comment period, which closes February 22, 2022, is too short for affected stakeholders to fully evaluate the impacts on emergency services authorizations.  Second by Commissioner Lindsay and carried.  (See attached)

PAYABLE EXPENDITURE REPORT: Administrator Powers presented the December 2021 Accounts Payable Expenditure Reports for approval.  Commissioner Lindsay moved to approve the payables for the month of December 1^st through December 3st, 2021.  Second by Commissioner Koppenhafer and carried.   (See attached)

COUNTY ADMINISTRATOR REPORT: Administrator, Shak Powers, presented for approval, a Letter of Support, addressed to the Colorado Department of Public Health and Environment, for the FRA #36128 Resource Recovery and Economic Opportunity Grant application, to purchase a compost windrow turner for the Landfill.  Commissioner Lindsay moved to sign the letter of support, to the RREO (Resource Recovery and Economic Opportunity) Grant selection committee, to try to get us a compost turner.  Second by Commissioner Koppenhafer and carried.  (See attached)

COUNTY COMMISSIONER REPORT: Topics discussed within the Commissioners reports included: Commission Koppenhafer discussed the attended jail tour and constituent discussions.  Commissioner Lindsay discussed the attended jail tour, a conversation with the Municipal Judge, Padilla and constituent discussions. Commissioner Candelaria discussed the attended jail tour, Legislative bills, a scheduled trip to Washington, an overview of the Monday workshop, the lodger’s tax, and the meeting scheduled with the City Council at the airport.

CORRESPONDENCE: The following correspondence was read and noted:

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

MEETING ADJOURNED: 11:00 a.m. 

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Clerk                     February 8, 2022                           Chairman