BOCC Minutes April 8 2025

PROCEEDINGS OF THE BOARD OF COMMISSIONERS

MONTEZUMA COUNTY, COLORADO

April 8, 2025

STATE OF COLORADO           )

                                                     ) ss.

COUNTY OF MONTEZUMA   )

At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday April 8, 2025 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

Stephen Tarnowski, County Attorney

Kim Percell, County Clerk

CHAIRMAN CANDELARIA opened the meeting of April 8, 2025 with the Pledge of Allegiance.

MINUTES: Commissioner Koppenhafer moved to approve the Proceedings of the Board of County Commissioners of Montezuma County, for Tuesday, April 1, 2025 as presented.  The motion was seconded by Commissioner Lindsay and carried.

RESOLUTION: Resolution #5-2025, a resolution amending Resolution Nos. 2-1998, 12-2000, 4-2002, 10-2003, 17-2003, 13-2004, 4-2006, 11-2007, 7-2008, 12-2009, 09-2010, 2012-6, 3-2015, and 21-2020 of the Montezuma County Land Use Code was presented to for approval.  Commissioner Koppenhafer moved to approve Resolution #5-2025, amendment to the Montezuma County Land Use Code.  Second by Commissioner Lindsay and carried.   (See attached)

BOARD OF ADJUSTMENTS: The two following variance applications were on a 60-day forbearance from 2/4; Previously continued from 1/28.

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 Laura Webster, on property located at 8400 Road 39, Mancos, CO, consisting of 7.82 acres, more or less, located north of Road H and east of Hwy 160, situated in Section 31, Township 36N, Range 13W, N.M.P.M.  Contractor, Nick Manning was present.  County Attorney Tarnowski gave an overview of the statutes governing the Board of Adjustment as related to variance applications and invited the Board to consider pursuing prosecution of Land Use Code Violations in County Court through the relevant statute. (CRS 30.28.124.5).  Commissioner Lindsay moved to deny the After-The-Fact Setback Variance Application, submitted by Laura Webster, on property located at 8400 Road 39, Mancos, due to no hardship.  Commissioner Lindsay withdrew his motion.  Commissioner Koppenhafer moved to approve the variance, with a consequence to the variance of $6,000.00, for the failure to follow the Land Use Code.  Second by Commissioner Lindsay and carried.  (See attached) 

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 Ouida Vincent, on property located at 10756 Road 26, Cortez, CO, consisting of 3.10 acres, more or less, located south of Road L and east of Road 26, situated in Section 24, Township 36N, Range 16W, N.M.P.M..  Property Owner Ouida Vincent was present.  County Attorney Tarnowski read the statutes governing the Board of Adjustment as related to variance applications.  Attorney Tarnowski remade, for the record, that he had advised the Board on this issue during executive session, and invited the Board to consider prosecuting Land Use violations in County Court.  Commissioner Lindsay moved to approve After-The-Fact Setback Variance Application, submitted by Ouida Vincent, on property located at 10756 Road 26, Cortez, with a consequence of $953.28.   Second by Commissioner Koppenhafer and carried.  (See attached)

PUBLIC HEARING: It being the time set aside a public hearing  is held  for review and consideration of a moratorium prohibiting acceptance or processing of utility-scale energy development (particularly and including solar energy) applications in the unincorporated area of Montezuma County for 6 months, or until appropriate standards for such development have been established.  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 were present.  County Attorney, Stephen Tarnowski gave a background on the proposed County Resolution to adopt a temporary moratorium on applications and / or processing of applications for utility scale solar development and gave an overview of the current Land Use Code, Special Use Permits and High Impact Permits.  Commissioner Candelaria opened the hearing to public comment. Public comment was made from Eleanor Macfarlane, Billy Akers, James Cowan, James Jackson, David Raubeson, Leslee Ham, Louise Jackson, Amanda Barcenas, Joy Cochran, Tucker Robinson, Elise Goggin, Joel Lee, David Kimmett, Cynthia Campbell, M.B. McAfee, Adrienne Dorsey, Landan Wilson, Beth Howell, Jennifer Singer, Curtis Cowan, Lowell Volk, Diane Cuskelly and Mike Lynch.  Hearing no further public comment that portion of the hearing was closed.  Letters and emails related to the discussion were received from David Buck, Tiffany Foster, Carl Godfrey, Riley Calvillo (2), Oliver Millican, Julie Carey, Yazmin Adriana, Larry Svendsen, Tamara Hamilton,  Steve Fuller, Kuwanhongsi Soohafyah, Doc Wilkin, Craig Hart (3), Jim Law, Stephan Fox, Karen Lee (2), Gregory Lee, Avery Royer, Steven King, Diane Muller, Jeff Muller, Dawn Lee, Duane Neal, Bradley Vanek, E.M. Taylor, Jason Quinonez, Tonja Cowan, Kaylin Archuleta, Abram Archuleta, Joel Young, Kathy Sainz, Joel Lee,  Quinn Hart, Marvin Reichenau, Richard Lee, Heather Reichenau, Nicholas Branson, Paige Branson, Peggy Reed Reichenau,  Marcelino Aldaz, Karen Hart, Elizabeth McKee, Joe Butterfield, Nicholas McDonald, Denver Coleman, Richard Valentine, Julie Bishop, Beth Cascaddan and Susan Williams Pernot.  After hearing all the evidence presented Commissioner Koppenhafer moved to approve the moratorium for 6 months, for Montezuma County, particularly on new applications for large utility-scale energy development (particularly solar energy).  Second by Commissioner Lindsay and carried.  Commissioner Candelaria closed the hearing at this time.  (See attached)

PUBLIC COMMENT: Public comment was made by M.B. McAfee and Mary Dodd.

UNFINISHED BUSINESS:

ROAD & BRIDGE DEPARTMENT: During the Monday workshop, Road Superintendent, Rob Englehart met with the Commissioners to present for review and discussion a proposed Fee Schedule.  The Commissioners agreed to postpone the proposed fee discussion until next week’s meeting.  The 90-Day Work Schedule and the proposed right-of-way negotiations to purchase 2.16 acres of land, for a purchase price of $30,000.00 for the Hwy 184 and Road 25 Realignment Project were also presented during the Workshop.   Commissioner Lindsay moved to approve and proceed with the right of way negotiations on Highway 184, County Road 25, with the purchase of the land.  Second by Commissioner Koppenhafer and carried.  (See attached)

NEW BUSINESS:

COUNTY ATTORNEY REPORT: Attorney, Stephen Tarnowski gave a weekly report: Topics discussed within the report included the Ironwood property, the court appearance schedule, working with the Planning and Zoning Department, a Medicaid appeal, a scheduled status conference on the Leaf Property Dollar Store case, and the reposting for the Assistant County Attorney position. 

COUNTY ADMINSTRATOR REPORT: Administrator, Travis Anderson discussed, posting of the job application for the Road Superintendent position.   County Assessor, Leslie Bugg joined the meeting at this time to discuss a proposed new software purchase from Eagle View, and to request preliminary approval to move forward with a flyover of Montezuma County, to bring the software onboard.   Commissioner Lindsay moved to authorize the County Administrator to proceed with the Eagle View flyover.  Second by Commissioner Koppenhafer and carried.  Other topics discussed within the report included: contracts related to JBBS and Axis Mental Health.  

COUNTY CLERK & RECORDER: County Clerk, Kim Percell no report.

COUNTY COMMISSIONER REPORT: Topics within the Commissioners reports included:

Commissioner Lindsay discussed the scheduled Cortez City Council meeting, the attended Home & Garden Show, reminded constituents when using cell phones to use the 911 Dispatch number to report to the Fire Department and mentioned the recently held Rawhide Auction.  

Commissioner Koppenhafer discussed the Home & Garden Show, the scheduled Town of Mancos Board meeting, the scheduled Southwest Water Conservation Board and a the (MVI) Montezuma Valley Irrigation  meetings.

Commissioner Candelaria reported on a discussion held between the Board and Congressman Hurd related to the NCA and addressing the hospital needs. Commissioner Candelaria made a request that the Board send an updated Letter of Support to our representatives, related to the reintroduction of the NCA.  Commissioner Koppenhafer moved to update a letter of support for the NCA to Senators Bennet and Hickenlooper and to Congressman Hurd. To thank them for this project and appreciate the work that they have done on it.  Second by Commissioner Lindsay and carried.  Commissioner Candelaria also reported on a conversation with Senator Simpson related to the proposed moratorium and maintaining local control, the Coffee with the County / Public Health event, the new Public Health Physician Advisor, Jocelyn Hirschman, the CCI zoom legislative briefing and the scheduled CCI legislative session. 

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

CORRESPONDENCE: The following correspondence was noted: the March 2025 Emergency Management Monthly Situation Report, the Montezuma County 2025 Community Health Assessment and the  Montezuma County Colorado Public Health Medical Officer Contract. (See attached)

ADJOURNED: 11:21 a.m.

___________________________                              ____________________________

Clerk        April 8, 2025                                              Chairman