PROCEEDINGS OF THE BOARD OF COMMISSIONERS

MONTEZUMA COUNTY, COLORADO

July 11, 2023

STATE OF COLORADO           )

                                                     ) ss.

COUNTY OF MONTEZUMA   )

At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday July 11, 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 July 11, 2023 with the Pledge of Allegiance.

MINUTES: Commissioner Koppenhafer moved to approve the Proceedings of the Board of County Commissioners of Montezuma County, for Tuesday, June 27, 2023 as presented.  Motion was seconded by Commissioner Lindsay and carried.

PLANNING: Planning Director, Don Haley along with Assistant, S. Jane Duncan presented for discussion and approval of an After-The-Fact Setback Variance Application submitted by Dusty & Martha Teal; agent: Randy Carver, on property located at 17999 Road 23, Dolores, CO, consisting of 3 acres, more or less, located west of Road 23/Road U intersection, situated in Section 17, Township 37N, Range 16W, N.M.P.M. and Dusty & Martha Teal, on property located at TBD Road U.1, Dolores, CO, consisting of 35.30 acres, more or less, located west of Road 23/Road U intersection, situated in Section 8, Township 37N, Range 16W, N.M.P.M..  Agent, Carver was in attendance.  The Commissioner did not take action on this item at this time.  

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 the Vinger Family Trust, on property located at 18255 Road 23.5, Dolores, CO, consisting of 13.57 acres, more or less, located south of Hwy 184, west of Road 23.5, situated in Section 9, Township 37N, Range 16W, N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.  Radonna Cripps was present.  Planning Director, Don Haley along 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 proposed 2 Lot Moderate Subdivision and AR3-9 Rezoning Application submitted by the Vinger Family Trust, on property located at 18255 Road 23.5, Dolores.  Second by Commissioner Koppenhafer and carried.  Commissioner Candelaria closed the hearing at this time.  (See attached)

PUBLIC COMMENT: No public comments were made.

GROUNDS AND BUILDINGS: Maintenance Supervisor, Dustin Sattler reported on the grounds and buildings projects.  Projects discussed included; the HVAC units for the Sheriff Department, completion of the backflow and elevator inspections, the Annex III painting project and normal business operations.  

GIS MAPPING: GIS Manager, Doug Roth met with the Commissioners to give a monthly report. Topics discussed included; a service area analysis from the main fire stations, network routing analysis and a response time analysis from the Main Fire Stations Response Travel Time Map.  

VEHICLE MAINTENANCE: Road & Bridge Equipment Manager, Shane Higman no report given.

IT: IT Director, Jim McClain no report given.

UNFINISHED BUSINESS:

DISCUSSION: A discussion was held related to road improvements on ingress/egress from Joe Moore Road Corporation.  The Commissioners were in agreement to deny this request. 

MONTEZUMA COUNTY PUBLIC TRANSPORTATION (MCCO): MCCO Manager, Jennifer Morris met with the Commissioners to discuss the presented, MCCO Public Transportation Request for Proposal Feasibility Studies for a Fixed Route in Montezuma County.  The Commissioners were in agreement to move forward with the Feasibility Studies for a Fixed Route in Montezuma County.  Manager Morris presented the proposed Intergovernmental Agreement for Transportation Services for Senior Citizens of the Town of Rico, Colorado by the Montezuma County Transportation – Pilot Program.  Commissioner Lindsay moved to enter into an Intergovernmental Agreement for Transportation Services for Senior Citizens of the Town of Rico, Colorado by the Montezuma County Transportation – Pilot Program.  Second by Commissioner Koppenhafer and carried.  The proposed purchase of a passenger van for the MOCO Transportation was also discussed.  The Commissioner were in agreement to get a formal quote for the van prior to moving forward.  (See attached)

DISCUSSION: From Human Resources, M. Lynn Dorenkamp met with the Commissioners for a discussion and a decision related to the, Montezuma County Employee Sick Leave Pool.  The recommendation was to terminate the Sick Leave Pool and allow employees the opportunity to donate time for employees with catastrophic life events.   Commissioner Lindsay moved to do away with the current sick leave pool, use the accumulated hours that are left to go in to a pot, then create a volunteer donation for catastrophic events for our employees.  Second by Commissioner Koppenhafer and carried. 

LETTER OF SUPPORT: A letter of support addressed to the Honorable Lauren Boebert, United States House of Representatives regarding the Authorizing Legislation for the Upper Colorado and San Juan Endangered Fish Recovery Programs was presented for approval.  Commission Koppenhafer moved to sign the letter of support Authorizing Legislation for the Upper Colorado and San Juan Endangered Fish Recovery Programs.  Second by Commissioner Lindsay and carried (See attached)

DISCUSSION: A discussion was held related to the Mancos RE-6 School District Fee Schedule Increase.  It was the recommendation of Attorney MacLaren to schedule a public hearing, publish the notice, and present a resolution for approval.  The Commissioners were in agreement to move forward with the Public Hearing process.     

DISCUSSION: A discussion was held related to proposed AirBnB regulation within Montezuma County.  No action was taken at this time.  (See attached)

DISCUSSION: A discussion was held related to the amended agreement between the Noxious Weeds Department and the USFS.  The agreement will be presented next week for signatures.  

DISCUSSION: A discussion was held related to the, BLM Good Neighbor Authority Grant Application.  Commissioner Koppenhafer moved to approve the grant application, for the BLM, #CP3JC6K322G3, in the amount of $25,000.00, to spray weeds along the roads connected to and adjacent to BLM land in Montezuma County.  Second by Commissioner Lindsay and carried.   (See attached)

COUNTY ATTORNEY REPORT: County Attorney, Ian MacLaren gave an update on the Ironwood case, and the Ellis Lewis Land Use Case.

ADMINISTRATOR REPORT: County Administrator, Travis Anderson discussed the completion of the preliminary budget meetings, scheduling budget presentations, an attended meeting with Montezuma Water related to the Fairgrounds fire suppression system, the Strategic Planning, the First Sunday Fairground’s Flea Market, and a scheduled County / City of Cortez Planning and Zoning meeting. 

PAYABLE EXPENDITURE REPORT: Administrator Anderson presented for approval, the May 2023 Accounts Payable Expenditure Reports in the amount of $3,954,867.23.  Commissioner Lindsay moved to accept the expenditures in the amount of $3,954,867.23.  Second by Commissioner Koppenhafer and carried.   (See attached)

COUNTY COMMISSIONER REPORT: Topics discussed within the Commissioners reports included: Commissioner Lindsay discussed the scheduled Cortez City Council meeting and addressed constituent conversations related to Planning issues.  Commissioner Koppenhafer also discussed constituent conversations relating to Planning issues.  Commissioner Candelaria addressed a letter that had been placed on numerous county mail boxes and a radio add, both related to Planning issues.  (See attached)

NATURAL RESOURCES, PLANNING & PUBLIC LANDS: Resource Director, James Dietrich, gave his weekly report.  Topics of the discussion included, a final BLM decision relating to the Yellow Jacket Grazing Allotment and the acquisition of the Austin property, the notification from the BLM regarding the implementation of previously approved flood plan special regulations and the coordinated campground maintenance with Dolores County.   Director Dietrich along with GIS Manager, Doug Roth and Acting District Ranger, Tom Rice met with the Commissioners to discuss a Forest Service request to eliminate one of the two access roads to the Larry E. Russell property.  

PUBLIC LANDS: Forrest Service Acting District Ranger, Tom Rice met with the Commissioners to give updates on various projects.  Topics discussed included; Recreational grants, a Stage I Fire Restriction that will be effective as of Thursday July, 13, 2023 for Zone #1, the Boggy Draw prescribed burn, recent lightning fires, road and trail closures, the McPhee Breakwater Replacement Project, the Aquatic Nuisance Inspections and the ordered Bean Canyon solar flashing sign.  (See attached)   

EXECUTIVE SESSION: Pursuant to Attorney MacLaren’s suggestion, Commissioner Lindsay moved to go into executive session for a conference with the attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4)(b) and to include Commissioners Candelaria, Lindsay and Koppenhafer, Administrator Anderson, Attorney MacLaren and Clerk Percell, seconded by Commissioner Koppenhafer and carried. The purpose of the executive session will be to discuss the legal ramifications related to the proposed reduction of the County Fleet.  Commissioner Lindsay moved to come out of executive session, seconded by Commissioner Koppenhafer and carried.   (See attached)

MOTION TO ADJOURN: Commissioner Lindsay moved to adjourn, seconded by Commissioner Koppenhafer and carried.

CORRESPONDENCE: The following correspondence was read and noted:

MEETING ADJOURNED: 11:25 a.m.

_______________________________                       ____________________________

Clerk                                 July 11, 2023                       Chairman