BOCC Minutes July 5, 2022

PROCEEDINGS OF THE BOARD OF COMMISSIONERS

MONTEZUMA COUNTY, COLORADO

July 5, 2022

STATE OF COLORADO           )

                                                     ) ss.

COUNTY OF MONTEZUMA   )

At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday July 5, 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

Jim McClain, IT Director

Ian MacLaren, County Attorney

Kim Percell, County Clerk

MINUTES: Commissioner Lindsay moved to adopt the minutes of the Proceedings of the Board of Commissioners Montezuma County, Colorado dated June 28, 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 of an After-The-Fact General Planned Unit Development and Rezoning Application submitted by Jonathan & Tegan Lewis, on property located at 22812 Road G, Cortez, CO, consisting of 8.73 acres, more or less, located south of Road G, west of Road 23, situated in Section 8, T.35N, R.16W, 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 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 accept the After-The-Fact General Planned Unit Development and Rezoning Application submitted by Jonathan & Tegan Lewis, on property located at 22812 Road G, Cortez,.  Second by Commissioner Candelaria.  With two votes in favor from Commissioners Lindsay and Candelaria, along with one vote against, from Commissioner Koppenhafer, the motion 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 Amendment, along with AR 3-9 Rezoning, to the Duehrssen Subdivision, submitted by David Brandos, on property located at 20865 Road 23.75, Lewis, CO, consisting of 17.83 acres, more or less, located south of Road X, east of Road 23, situated in Section 33, T.38N, R.16W, N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.   Mr. Brandos 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.  Public comment was made by Jerry Koskie.  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 amendment, along with AR 3-9 Rezoning, to the Duehrssen Subdivision, submitted by David Brandos, on property located at 20865 Road 23.75, Lewis, 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 Single Lot Development and AR10-34 Rezoning Application, submitted by Robbins Family Ranches, LLC; agent: Brian McLaughlin, on property located at 10005 Road 43, Mancos, CO, consisting of 134.01 acres, more or less, located west of Road 43, north of Hwy 160, situated in Section 22, T.36N, R.13W, N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.  Commissioner Lindsay recused himself from the hearing.  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 Koppenhafer moved to approve  the proposed single lot development and AR10-34 rezoning application, submitted by Robbins Family Ranches, LLC; agent: Brian McLaughlin, on property located at 10005 Road 43, Mancos, CO,.  Second by Commissioner Candelaria 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 2 Lot Moderate Subdivision and AR3-9 Rezoning Application, submitted by Carlene Porter, Kurtis Case, & Tonya Capps; 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.  The roll was called, the public notice read, and the proceedings were recorded for the record.   Agent, Danny Wilkin 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 approve the proposed 2 Lot Moderate Subdivision and AR3-9 Rezoning Application, submitted by Carlene Porter, Kurtis Case, & Tonya Capps; agent: Danny Wilkin, on property located at 15965 Road 21, Cortez,.  Second by Commissioner Koppenhafer. With two votes in favor from Commissioners Lindsay and Koppenhafer, along with one vote against, from Commissioner Candelaria the motion 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 Subdivision Amendment Application to the Highland terrace Major Subdivision, submitted by Burt & Debra Ramsey, on property located at TBD Road K.8, Cortez, CO, consisting of 0.63 acres, more or less, located north of Road K.8, west of Hwy 491, situated in Section 22, 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. Ramsey 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 Koppenhafer moved to approve the proposed Subdivision Amendment Application to the Highland Terrace Major Subdivision, submitted by Burt & Debra Ramsey, on property located at TBD Road K.8, Cortez, CO, consisting of 0.63 acres, more or less.  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 presented for approval and signatures, a Variance Application, submitted by Huston & Connie Anderson, Agent: Laura Rieck from the Upper Road 42 Water Association.  Ms. Rieck was present.  Commissioner Lindsay moved to approve a variance application, submitted by Huston & Connie Anderson, agent: Upper Road 42 Water Association.  Seconded by Commissioner Koppenhafer and carried.  (See attached)

PUBLIC COMMENT: No public comments were made.

IHOP GRANT DISCUSSION: Rachel Marchbanks was not available.  

ROAD & BRIDGE DEPARTMENT: Road Superintendent, Rob Englehart met with the Commissioners to give a monthly report.  Superintendent Englehart presented the road and bridge schedule for the dates of June 26, 2022 through July 30, 2022 and gave an overview of the type of work scheduled.  Topics discussed included; the Alkali Creek Bridge Project, general maintenance, culverts, blade roads, flood control, chip seal, blade Schedule A Roads and gravel.  (See attached) 

VEHICLE MAINTENANCE: Road & Bridge Equipment Manager, Shane Higman met with the Commissioners to discuss an Enterprise Fleet Management Open-End lease Quote #6527709, in the amount of $41,980.00, for a 2022, Ram 2500 pickup.  Commissioner Lindsay moved to approve the quote #6527709, for a pickup for Fleet Management.  Second by Commissioner Koppenhafer and carried.  (See attached)

NOXIOUS WEED DEPARTMENT: Weed Department Manager, Bonnie Loving met with the Commissioners to give a monthly report. Manager Loving gave updates on the Backpack Sprayer Program, the Cost Share Program, roadside treatments, enforcements and the notifications.  Other topics discussed included; scotch thistle, a wood turning class, leafy spurge, the Spotted / Diffuse Knapweed Project, the USFS/ MCNWD Agreement, the Hermana Project, Non-Native Phreatophyte project, the San Juan Mountain Cooperative Weed Management Association, future projects in the works and “No Spray” signs.  (See attached)

HEALTH AND WELLNESS: Committee Member, Bonnie Loving gave an update on the County Employee Health and Wellness program.  Topics discussed included; results form the Biggest Loser Challenge, the scheduled Team Step Challenge and future goals.  (See attached)

FAIRGROUNDS: Fairgrounds Manager, Justin McGuire gave his monthly report. The reported year to date numbers included; 41480 in attendance, Revenues at $57,902.49 and Expenditures at $131,650.72.  A discussion was held regarding past and future events scheduled at the Fairgrounds.  Other topics discussed included, the Proposed Rate Schedule changes, proposed Conservation Trust Fund (CTF) salary changes, the fire suppression system, a proposed Memo of Understanding regarding the Grow Dome Project and the Wash Rack Project. (See attached)

PRIVATE ACTIVITY BOND (PAB) DISCUSSION: Attorney MacLaren presented for approval the Certificate Required by Section 24-32-1709(2)© of the Colorado Revised Statutes as Amended and a letter addressed to the Colorado Department of Local Affairs, Division of Housing regarding the Notification Required pursuant to Section 24-32-1706 of the Colorado Revised Statutes as Amended.   Commissioner Koppenhafer moved to sign the certificate required by Section 24-32-1709(2)(c) of the Colorado Revised Statutes as amended, for the supervision the issuance of its private activity bonds, Montezuma County will proceed with the diligence to insure the issuance of such bonds within the time period commencing the date hereof and ending December 31, 2025.   Second by Commissioner Lindsay and carried.  Commissioner Lindsay moved to approve the Notification Required pursuant to Section 24-32-1706 of the Colorado Revised Statutes.  Second by Commissioner Koppenhafer and carried. (See attached)

PAYABLE EXPENDITURE REPORT: The May 2022 Accounts Payable Expenditure Reports were presented for approval.  Commissioner Lindsay moved to approve the May payables, in the amount of $3,702,528.78.  Second by Commissioner Koppenhafer and carried.   (See attached)

UNFINSHED BUSINESS:

COUNTY ATTORNEY REPORT: County Attorney, Ian MacLaren gave an update on the Ironwood property issue. 

NATURAL RESOURCES, PLANNING & PUBLIC LANDS: Resource Director, James Dietrich, met with the Commissioner to give a weekly report.  Topics discussed included; the attended BLM / Flowdine Allotment field trip, the attended (DWARF) Dolores Watershed and Resilient Forrest Coordination Committee meeting, the CFLRP funding, the Paths to Mesa Verde Trail meeting, the Mancos Trails Group meeting.

COUNTY ADMINISTRATOR REPORT: No report given.

COUNTY COMMISSIONER REPORT: Topics discussed within the Commissioners reports included: Commissioner Koppenhafer discussed the attended State of Colorado Attorney General’s event at the park.  Commissioner Lindsay discussed the attended Cortez City Council meeting and the 4^th of July fireworks show.  Commissioner Candelaria discussed the Alkali Creek Bridge Pre-bid meeting and the 4^th of July firework show.

Chairman Candelaria announced the meeting would reconvene at 1:30 p.m., as the Montezuma County Board of Health

CORRESPONDENCE: The following correspondence was read and noted:

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

MEETING ADJOURNED: 11:40 a.m. 

MONTEZUMA COUNTY BOARD OF HEALTH MEETING: 1:30 p.m.

_______________________________                       ____________________________

Clerk                               July 5, 2022                        Chairman