BOCC Minutes September 12 2023

PROCEEDINGS OF THE BOARD OF COMMISSIONERS

MONTEZUMA COUNTY, COLORADO

September 12, 2023

STATE OF COLORADO           )

) ss.

COUNTY OF MONTEZUMA   )

At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday September 12, 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 September 12, 2023 with the Pledge of Allegiance.

MINUTES: Commissioner Koppenhafer moved to approve the Proceedings of the Board of County Commissioners of Montezuma County, for September 5, 2023 as presented.  Motion was seconded by Commissioner Lindsay and carried.

PUBLIC HEARING: It being the time set aside a public hearing is held for review and determination regarding a proposed High Impact/Special Use Permit Application and Commercial Planned Unit Development and Rezoning Application, submitted by Ramble Outdoors, Inc, agent for Benny & Sondra Cordova, on property located at TBD Road 31, Dolores, CO, consisting of 9.05 acres, more or less, & Conrad & Eva Hover, on property located at 29485 Road M, consisting of 24.12 acres, more or less, both located north of Road M, west of Road 31, situated in Section 9, Township 36N, Range 15W, N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.  Agent, Dieter Erdmann 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.  Public comment was made by Tres Rios Field Office Manager, Derek Padilla and Tom Marciniak.  Hearing no further public comment that portion of the hearing was closed.  After hearing all the evidence presented Commissioner Lindsay moved to deny the commercial zoning of the planned unit application for property located at TBD Road 31, Dolores.  Commissioner Lindsay amended his previous motion to deny the application for a proposed High Impact/Special Use Permit Application and Commercial Planned Unit Development and Rezoning Application, submitted by Ramble Outdoors, Inc, agent for Benny & Sondra Cordova, on property located at TBD Road 31, Dolores, CO, consisting of 9.05 acres, more or less, & Conrad & Eva Hover, on property located at 29485 Road M, consisting of 24.12 acres, more or less, both located north of Road M, west of Road 31, situated in Section 9, Township 36N, Range 15W, N.M.P.M.  Second by Commissioner Koppenhafer and carried.  Commissioner Candelaria closed the hearing at this time.  (See attached)

DISCUSSION: A discussion was held, related to the current language within the Land Use Code, and the process for commercial development on properties that are not currently zoned commercial.  The Commissioners were in agreement to continue this discussion.

PUBLIC HEARING: It being the time set aside a public hearing is held for review and discussion of amending the Land Use Code subdivision regulation as it relates to the Mancos RE-6 School District fee in lieu of land dedication fee increase and finalizing the fees for the other school districts.  The roll was called, the public notice read, and the proceedings were recorded for the record.  Planning Director, Don Haley along with Assistant, S. Jane Duncan presented the details of the proposed amendments 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 Mancos RE-6 School District fee in lieu of land dedication fee increase to $550.00 per lot, and finalizing the fees for the other school districts in Montezuma County as presented.  Second by Commissioner Lindsay and carried.  Commissioner Candelaria closed the hearing at this time.  (See attached)

PLANNING: Director Haley presented a re-appointment request from John Hernandez to extend his term 3 years on the Planning & Zoning Commission.  Commissioner Lindsay moved to re-appointment John Hernandez to the Planning & Zoning Commission, for a three year term, ending in December 2026.  Second by Commissioner Koppenhafer and carried.  (See attached)

Director, Haley along with Assistant, Duncan presented for signatures a Mylar for a 2 Lot Moderate Subdivision and AR3-9 Rezoning Application submitted by Jim & Sharon Krater; agent: Keenen Lovett, on property located at 4303 Road 21, Cortez, CO, consisting of 20 acres, more or less, located west of Road 21, north of Road D, situated in Section 24, Township 35N, Range 17W, N.M.P.M..

PUBLIC LANDS:

Bureau of Land Management, Tres Rios Field Office Manager, Derek Padilla met with the Commissioners for a monthly update.  Manager Padilla introduced Acting Lands and Realty Specialist Haley McCaffery.  Other topics discussed included; Tribal Analysis Planning, a proposed parking lot on Road 41 for access to the Webber Mountain Wilderness Study Area, the congressional process to release a (WSA) Wilderness Study Area, the re-engagement of Phase 2 of the Tribal Management Planning, and future prescribed burns.

Canyon of the Ancients National Monument Manager, Ray O’Neal reported to the Commissioners that the Visitor Center has two new permanent exhibits, a special Stanton Englehart Paintings exhibit and mentioned the scheduled Star Party event.

Forrest Service Acting District Ranger, Tom Rice met with the Commissioners to give updates on various projects. Topics discussed included; the Dolores Norwood Road patching project, gravel crushing at the Beaver Pit, the new Breakwater Construction Project, the Muscle Inspections Program, brushing at Cabin Canyon, construction at the Transfer Campground, construction at the Boggy parking lot, the Road W signs, future prescribed burns and the permanent District Ranger position.

Mesa Verde National Park, Kayci Cook Collins met with the Commissioners to give an update on the nation Park.  Topics discussed included; visitor numbers, the Pavement Preservation Project, exhibits at the Chapin Mesa Museum, events scheduled for the Annular Solar Eclipse, and a schedule of future closure dates for the park.

PUBLIC COMMENT: Public comment was made by Mike Lynch and Susan Kemnetz.  (See attached) 

GIS MAPPING: GIS Manager, Doug Roth along with Mapping Specialist Nolan Notah met with the Commissioners to give a monthly report.  Topics discussed included; the US Forest Service Address Assignment Project, a Fire Mitigation Analysis, new wildfire analysis data, the Landfill excavation points for the Cell 5 development, a future transfer order for Road Impact Fees and a proposed grant application for County address signs.

ECONOMIC DEVELOPMENT: Economic Development Coordinator, Jessica Thurman met with the Commissioner to give a monthly report.  Topics discussed included; the attended Tribal Planning and Envisioning Session, the attended (SWORD) Southwest Opioid Response District meeting, the SWORD feasibility study, the attended West Slope Start Up Week, the Landfill Voucher program, the Fairgrounds Flea Market, the Economic Development Community Perspective workshop, road maps with Montezuma Community Collective, the Housing and Transportation Action Team and the Region 9 SUDS.

UNFINISHED BUSINESS:

LETTER OF SUPPORT: Administrator Anderson presented for approval, a letter of support addressed to Colorado Broadband Office Advance (CPF) Capital Project Fund Grant Program related to the support of the Clearnetworx / Montezuma County Priority 1 & 2 CPF Project.  Commissioner Lindsay moved to sign the letter of support, the City of Cortez for providing a, non-exclusive letter for Clearnetworx and Montezuma County as part of the Advance Colorado Capital Fund grant application.  Second by Commissioner Koppenhafer and carried.  (See attached)

DISCUSSION: Commissioner Candelaria gave an overview of the Monday Workshop discussion related to the Noxious Weed Advisory Board.  (See attached)

NATURAL RESOURCES, PLANNING & PUBLIC LANDS: Resource Director, James Dietrich, met with the Commissioners to give his weekly report.  Topics of the discussion included; the Flowdine and Yellow Jacket allotments, the Paths to Mesa Verde Project, the DWARF and CFLRP projects and the Community Wildfire Protection Plan.

LETTER OF SUPPORT: Director Dietrich presented a letter of support addressed to the Colorado Parks and Wildlife Non-Motorized Trails Grant Program related to the Phase 1 of the Southwest Regional Trails Connector Project.  Commissioner Koppenhafer moved to approve the letter of support for the Phase 1 of the Southwest Regional Trails Connector Project, the non-motorized CPW trail planning grant.  Second by Commissioner Lindsay and carried.  (See attached)

EXECUTIVE SESSION: Attorney MacLaren reported that the scheduled Executive Session was not needed.

COUNTY ATTORNEY REPORT: County Attorney, Ian MacLaren gave an update on the Ironwood Mill Property Case.  The Commissioners were in agreement to move forward with a requirement of a two week deadline for the separation of piles and an increase in fines.

ADMINISTRATOR REPORT: County Administrator, Travis Anderson reported that he had been working on the budget, the meeting with the District Attorney related to public nuisance actions for properties, the attended Region 9 discussion, a scheduled meeting with the Court Administrator to identify utility cost reductions on structures and the attended (CML) Colorado Municipal League meeting.

COUNTY COMMISSIONER REPORT: Topics within the Commissioners reports included: Commissioner Koppenhafer reported on the attended Economic Development Community Perspective workshop.  Commissioner Lindsay discussed the scheduled Veterans Stand Down event, the scheduled Cortez City Council meeting and the Governor of New Mexico’s conceal carry executive order.  Commissioner Candelaria reported on the attended Dolores Town Board meeting, and budget discussions.

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

CORRESPONDENCE: The following correspondence was read and noted:

MEETING ADJOURNED: 11:30a.m.

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Clerk                          September 12, 2023                       Chairman