PROCEEDINGS OF THE BOARD OF COMMISSIONERS

MONTEZUMA COUNTY, COLORADO

January 17, 2023

STATE OF COLORADO           )

) ss.

COUNTY OF MONTEZUMA   )

At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday January 17, 2023 at the Montezuma County Administration building in Cortez, Colorado, there were present:

Jim Candelaria, Chairman

Kent Lindsay, Vice Chairman

Gerald Koppenhafer, Commissioner of Deeds

Travis Anderson, County Administrator

Ian MacLaren, County Attorney

Kim Percell, County Clerk

CHAIRMAN, CANDELARIA opened the meeting of January 17, 2023 with the Pledge of Allegiance

MINUTES: Commissioner Lindsay moved to accept the minutes of the Special Meeting January 9, 2023 and the minutes of the regular meeting of January 10, 2023.   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 a proposed Subdivision Amendment Application to the Herrington Minor Subdivision, 2nd Amended, A Moderate Subdivision, submitted by Edward Tevault, on property located at 21555 Road F, Cortez, CO, consisting of 4.50 acres, more or less, and Robert Field, on property located at 21424 Road F, Cortez, CO, consisting of 14.74 acres, more or less, both located south of Road F and east of Road 21, situated in Section 18, T.35N, R.16W, N.M.P.M. The roll was called, the public notice read, and the proceedings were recorded for the record.  Mr. Tevault was present.  Planning Director, Don Haley 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 proposed subdivision amendment application to the Herrington Minor Subdivision, 2nd amended, a moderate subdivision, submitted by Edward Tevault, on property located at 21555 Road F, Cortez.  Second by Commissioner Koppenhafer and carried.  Commissioner Candelaria closed the hearing at this time.  (See attached)

PLANNING: Planning Director, Don Haley presented for discussion and approval for a 2nd Amendment to Exemption Resolution #P-37-79, submitted by Barbara Maness; agent: Ernie Maness, on property located at 23408 Road T, Dolores, CO, consisting of 4.83 acres, more or less, located south of Road T, east of Road 23, situated in Section 21, Township 37N, Range 16W, N.M.P.M..  Mr. Maness was present.  Commissioner Koppenhafer moved to approve the 2nd amendment to exemption resolution #P-37-79, submitted by Barbara Maness; agent: Ernie Maness, on property located at 23408 Road T, Dolores, CO, consisting of 4.83 acres.  Second by Commissioner Lindsay and carried.  (See attached)

Director, Haley presented for signatures of a Mylar for a Single Lot Development and AR3-9 Rezoning, submitted by Howard Terrell; agents: Katie & Travis Ramos, on property located at 32471 Road M, Mancos, CO, consisting of 49.90 acres, more or less, located west of Road 33, north of Road M, situated in Section 12, T.36N, R.15W, N.M.P.M.M.

Director, Haley presented for signatures of a Mylar for a 2 Lot Minor Subdivision & Rezoning, submitted by Keith & April Gray, on property located at 18255 Road DD, Pleasant View, CO, consisting of 40 acres, more or less, located east of Road 18, north of Road DD, situated in Section 27, T.39N, R. 17W, N.M.P.M.

Director, Haley presented for signatures of a Mylar for a Single Lot Development and AR3-9 Rezoning, submitted by Brad & Keri Mustoe, on property located at 13698 Road 17, Cortez, CO, consisting of 150.14 acres, more or less, located south of Road P, east of Road 17, situated in Section 4, Township 36N, Range 17W, N.M.P.M.

PUBLIC COMMENT: No public comment made.

COUNTY CORONER: Coroner, George Deavers met with the Commissioners to give the December 2022 monthly case numbers and the Year-End Totals report.  The year-end totals included: 163 coroner cases, 78 hospice cases, 8 motor vehicle fatalities, 11 suicides, 10 overdose deaths, 5 homicides, 138 autopsies and the total income from autopsies at $36,600.00.   Coroner Deavers reported that the “up to date” numbers for January 2023 included; 5 coroner cases, 9 hospice cases, 1 autopsy, 0 motor vehicle fatalities, 0 suicides and 0 overdose deaths.  Other topics discussed included, a comparative review of statistics prior to the pandemic and the current rate of fees.

DISTRICT ATTORNEY: District Attorney, Office Manager, Clarisa Feuilly met with the Commissioners to give a monthly report. Topics discussed included; the quarterly report, the 6 year comparison report and the 6 year comparison Year-End graph.  Other topics discussed included; yearly fluctuating statistics, court filed cases, felony cases, restructuring along with policy and procedures changes.     (See attached)

EMERGENCY MANAGEMENT:  Emergency Manager, Jim Spratlen met with the Commissioner and gave a monthly update.  Manager Spratlen presented for discussion and review; the Monthly Situational Report. Topics discussed within the report included; a drought update, the Drought Declaration, HPAI, COVID statistics and the budget.  Manager Spratlen gave a county wide update on the current winter storm.   (See attached)

COMMUNITY INTERVENTION PROGRAM (CIP): Emergency Manager, Jim Spratlen, met with the Commissioners to give a quarterly update on the Community Intervention Program.  Topics discussed included; the CIP 2022 Budget, a funds rollover in the mount of $147,833.56, the Behavioral Health Grant, the $361,000.00 Safety Net Grant application, statistics, deliverables.  Manager Spratlen reported that there had been 425 contacts made, that 167 of those contacts were calls through E- 911, numerous follow ups had been done and that they were working on building up rapport with the stake holders and the response team.  (See attached)

NOXIOUS WEED DEPARTMENT: Weed Department Manager, Bonnie Loving met with the Commissioners to give a monthly report.  Topics discussed included; a proposed flat rate charge / change to the Back Pack Loaner fees, the Cost Share 2023, Non-native Phreatophyte Project fees and updates, the Current Results and the MC Weed Management Plan. (See attached)

NEW BUSINESS:

ASSESSOR: Montezuma County Assessor, Leslie Bugg was not available to present the Total Assessment Solutions Corporation “TASC” and the Value West Contract.

LIQUOR LICENSE: Deputy Clerk, Jerri Frizzell presented for approval a liquor license renewal application for G Whil Liquors LLC, DBA G Whil Liquors located at 24001 Road G.2, Cortez, Co.   Commissioner Koppenhafer moved to accept the retail liquor, fermented malt beverage, license renewal application for G Whil Liquors LLC, located at 24001 Road G.2, Cortez, Co.  Second by Commissioner Lindsay 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 Lindsay moved to approve a retail liquor and fermented malt beverage, license renewal application for Paragon Business Investments, DBA Hilltop Liquors, located at 27963 Hwy 184, Dolores. Second by Commissioner Koppenhafer and carried.  (See attached)

DISCUSSION: IRS Form 8328, Carryforward Election of Unused Private Activity Bond Volume Cap for the Sleeping Ute Apartments, in the amount of $1,429,086.00, was presented for signatures.  Attorney MacLaren gave an overview of the IRS Form 8328.  Commissioner Lindsay moved to approve the signing of IRS Form 8328 for the Sleeping Ute Apartments.  Second by Commissioner Koppenhafer and carried.  (See attached)

UNFINISHED BUSINESS:

DISCUSSION: Administrator Anderson presented the Department of Public Safety, Division of Criminal Justice, DCJ Grant #2019-DJ-22-01-32-1 (JAG Communications Grant), with a request to authorize Administrator Anderson to sign the grant.  Commissioner Koppenhafer moved to sign the grant award DCJ Grant #2019-DJ-22-01-32-1 from the Department of Public Safety, Division of Criminal Justice to Montezuma County.  Second by Commissioner Lindsay and carried.  (See attached)

DISCUSSION: Administrator Anderson presented for discussion the Administrative Budget, Policy and Procedure.  The discussion was tabled to a later date.  (See attached)

DISCUSSION: Administrator Anderson presented for approval the Strategic Plan RFP. (Request for Product)  The Commissioners were in agreement to move forward with the Request for Proposal for conducting strategic planning services.   (See attached)

LETTER OF SUPPORT: A letter of support addressed to the Colorado Energy Office, regarding the Cortez 55+ Community Access to Electric Bicycles was presented for approval.  Commissioner Koppenhafer moved to sign the letter of support regarding the Cortez 55+ Community Access to Electric Bicycles Grant, submitted by 4CORE, for income-qualified adults in Cortez Colorado.  Second by Commissioner Lindsay and carried.    (See attached)

ECONOMIC DEVELOPMENT: Economic Development Coordinator, Jessica Thurman met with the Commissioners to give a monthly report.  Topics discussed included; an update on the Colorado Brownsfield Projects, the road maps implementation, the Montezuma Community Collective, video outreach, a meeting attended with the Tribal Economic Development Coordinator Bernadette Cuthair, the Economic Development Organization Grant application, the Opportunity Now Colorado Grant application, Greenfield Grants, and possible CSU Extension Help and Collaborative through economic development education.

COUNTY ATTORNEY REPORT: County Attorney, Ian MacLaren discussed a temporary delay for the Ironwood chip hauling project along with received temperature logs and an update on the Ellis Lewis, land use violation case.

COUNTY ADMINISTRATOR REPORT: County Administrator, Travis Anderson discussed the newly hired Grant Writer, Robert Dobry, an attended Senate Bill 22-238 stake holder meeting, and the attended Broadband meeting.

COUNTY COMMISSIONER REPORT: Topics discussed within the Commissioners reports included: Commissioner Koppenhafer reported on the attended AAA meeting, the Mancos Town Council meeting and snow removal within the town of Mancos.  Commissioner Lindsay, mentioned constituent discussions and gave a report on the attended Cortez City Council meeting.  Commissioner Candelaria discussed the an attended Senate Bill 22-238 stake holder meeting, his shoulder surgery, his appointment to be on the Fire Prevention Division Committee for the State of Colorado, proposed legislative bills and snow plowing within Montezuma County

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

CORRESPONDENCE: The following correspondence was read and noted: Email from Ingrid Ward.  (See attached)

MEETING ADJOURNED: 10:37 a.m.

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Clerk                     January 17, 2022                              Chairman