BOCC Minutes July 30 2024

PROCEEDINGS OF THE BOARD OF COMMISSIONERS

MONTEZUMA COUNTY, COLORADO

July 30, 2024

STATE OF COLORADO           )

                                                     ) ss.

COUNTY OF MONTEZUMA   )

At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday July 30, 2024 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 30, 2024 with the Pledge of Allegiance

MINUTES: Commissioner Koppenhafer moved to approve the Proceedings of the Board of County Commissioners of Montezuma County, for Tuesday, July 23, 2024 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 Subdivision Amendment & AR3-9 Rezoning Application to Lot #1 of Clarence Williams 2 Lot Minor Subdivision submitted by Robert Williams; agent: Darryl Dempsey, on property located at 24499 Road G.1, Cortez, CO, consisting of 21.54 acres, more or less, located east of Hwy 160/491, north of Road G, situated in Section 3, Township 35N, Range 16W, N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.  Agent Dempsey 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 Subdivision Amendment & AR3-9 Rezoning Application to Lot #1 of Clarence Williams 2 Lot Minor Subdivision submitted by Robert Williams; agent: Darryl Dempsey, on property located at 24499 Road G.1, Cortez.  Seconded by Commissioner Koppenhafer and carried. Commissioner Candelaria closed the hearing at this time.  (See attached)

PLANNING: Director, Don Haley along with Assistant, S. Jane Duncan presented for discussion and approval of a Zoning Variance Application, submitted by Bill F. Ragland & Sons, on property located at TBD Hwy 184, Dolores, CO, consisting of 156.99 acres, more or less, located south of Hwy 184 and east of Road 23.5, situated in Section 3, Township 37N, Range 16W, N.M.P.M., and Stoner Top, Inc., on property located at 23966 Hwy 184, Dolores, CO, consisting of 15.68 acres, more or less, located south of Hwy 184 and east of Road 23.5, situated in Section 9, Township 37N, Range 16W, N.M.P.M.  Mr. Ragland was present.  Commissioner Lindsay moved to grant the variance, submitted by Bill F. Ragland & Sons, on property located at TBD Hwy 184, consisting of 156.99 acres, with the exceptional circumstances of the legacy waste being there and this being incorporated back into the industrial zone.  Second by Commissioner Koppenhafer and carried.  (See attached)

PLANNING: Director, Don Haley along with Assistant, S. Jane Duncan presented for discussion and approval of a Boundary Line Adjustment Application, submitted by Bill F. Ragland & Sons, on property located at TBD Hwy 184, Dolores, CO, consisting of 156.99 acres, more or less, located south of Hwy 184 and east of Road 23.5, situated in Section 3, Township 37N, Range 16W, N.M.P.M., and Stoner Top, Inc., on property located at 23966 Hwy 184, Dolores, CO, consisting of 15.68 acres, more or less, located south of Hwy 184 and east of Road 23.5, situated in Section 9, Township 37N, Range 16W, N.M.P.M.  Commissioner Koppenhafer moved to approve the boundary line adjustment application, submitted by Bill F. Ragland & Sons, on property located at TBD Hwy 184, located south of Hwy 184 and east of Road 23.5, to convey to the Stoner Top Property Inc. an additional 5 acres.  Second by Commissioner Lindsay and carried.  (See attached)   

PUBLIC COMMENT: No public comment was made.

NEW BUSINESS:

LETTER OF SUPPORT: Southwest Memorial Hospital Foundation President, Abby Nuetzel met with the Commissioners with a request for a letter of support related to the Southwest Memorial Hospital Foundation Enterprise Zone Project.  Commissioner Koppenhafer moved to approve the letter of support for the Southwest Memorial Hospital Foundation, for the Enterprise Zone Project Proposal to the Colorado Economic Development Commission.  Second by Commissioner Lindsay and carried.  (See attached)

DISCUSSION: Road & Bridge Equipment Manager, Shane Higman, met with the Commissioner to discuss the proposed Enterprise Fleet Management quote, for a Dodge Durango to be used as a Sheriff’s patrol unit.  Commissioner Lindsay moved to approve the Sheriff’s patrol car lease with Enterprise, plus the up fitting.  Second by Commissioner Koppenhafer and carried. (See attached)

UNFINISHED BUSINESS:

DISCUSSION: Maintenance Supervisor, Dustin Sattler, along with County Grant Coordinator, Robert Dobry and Emergency Manager, Jim Spratlen, met with the Commissioners to discuss the received (FEMA) Federal Emergency Management Agency Grant award for the County’s backup generator.  Bids received included; Smith Power $177,536.00, Native Instinct $132,087.78 and Expedia Power Inc., $97,956.16.   It was the recommendation to accept the bid from Expedia Power.  Commissioner Lindsay moved to approve the purchase of the generators in the amount of $97,956.16, as per bid by Expedia Power.  Second by Commissioner Koppenhafer and carried.  (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).  Seconded by Commissioner Koppenhafer and carried.  Included in the session will be, Commissioners Candelaria, Lindsay and Koppenhafer, Administrator Anderson, Attorney MacLaren and Clerk Percell. Topics for the executive session were legal advice on the Colorado State Severance Tax.  Commissioner Lindsay moved to go out of executive session, seconded by Commissioner Koppenhafer and carried.  Commissioner Koppenhafer moved to join Mesa County in the lawsuit against the State of Colorado over the raiding of the Severance Tax fund.  (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), for legal questions regarding the Lewis Cemetery District.  Seconded by Commissioner Koppenhafer and carried.  Included in the session will be, Commissioners Candelaria, Lindsay and Koppenhafer, Administrator Anderson, Attorney MacLaren and Clerk Percell.  Topics for the executive session were legal advice related to the Lewis Cemetery Board.  Commissioner Koppenhafer moved to go out of executive session, seconded by Commissioner Lindsay and carried.  (See attached)

COUNTY ATTORNEY REPORT: County Attorney, Ian MacLaren discussed a received District Court Colorado order pertaining to the Co2 Community Inc. vs the Montezuma County and Assessor case, and gave an update on the Leaf Properties lawsuit.

ADMINISTRATOR REPORT: County Administrator, Travis Anderson discussed completed interviews for the Finance Director and HR Technician positions, the attended stakeholder Community Intervention Program (CIP) meeting, staff budget trainings, the attended Biochar facility tour, a recent Administration Building evacuation, and the attended community Ironwood discussion.

COUNTY COMMISSIONER REPORT: Topics within the Commissioners reports included:

Commissioner Koppenhafer discussed the interviews held for the Area Agency on Aging (AAA) Directors position, the Mancos Days event and the ongoing County Fair.  

Commissioner Lindsay discussed the attended Region 9 meeting, the scheduled Balloon Rally, the Mancos Days event and the County Fair.

Commissioner Candelaria: discussed the completed interviews for the Finance Director and HR Technician positions, the attended Fleet Management meeting, the attended Biochar facility tour, and the Monday workshop.

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

CORRESPONDENCE: The following correspondence was read and noted:

MEETING ADJOURNED:  10:37 a.m.