BOCC Minutes July 8, 2025

PROCEEDINGS OF THE BOARD OF COMMISSIONERS

MONTEZUMA COUNTY, COLORADO

July 8, 2025

STATE OF COLORADO           )

                                                     ) ss.

COUNTY OF MONTEZUMA   )

At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday July 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 July 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, July 1, 2025 as presented.  The 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 Application and Rezoning, to Lot 1 of the Laughing Bear Orchard LTD Moderate Subdivision, submitted by Kim Welty Allen; agent: Cap Allen, on property located at 14757 Road 26, Dolores, CO, consisting of 11.89 acres, more or less, located west of Hwy 145, north of Road P, situated in Section 35, Township 37N, Range 16W, N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.   Agent, Cap Allen, 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 Application and Rezoning, to Lot 1 of the Laughing Bear Orchard LTD Moderate Subdivision, submitted by Kim Welty Allen; agent: Cap Allen, on property located at 14757 Road 26, Dolores.  Second by Commissioner Koppenhafer and carried.  Commissioner Candelaria closed the hearing at this time.  (See attached)

Planning Director, Haley along with Assistant, Duncan presented for signatures of a Mylar for a 3 Lot Minor Subdivision, submitted by Kerry Ritland & Faith Szafranski Living Trust; agent: Kerry Ritland, on property located at 15842 Road 30, Dolores, CO, consisting of 40.87 acres, more or less, located west of Road 30.5, south of Hwy 184, situated in Section 27, Township 37N, Range 15W, N.M.P.M.

Planning Director, Haley along with Assistant, Duncan presented for signatures of a Mylar for a 4 Lot Moderate Subdivision and AR3-9 & AR10-34 Rezoning, submitted by Troy Jaskowski, on property located at 30261 Road H, Cortez, CO, consisting of 38.80 acres, more or less, located south of Hwy 160, east of Road 27, situated in Section 34, T.36N, R.15W, N.M.P.M.

PUBLIC HEARING: It being the time set aside a public hearing is held for review and determination regarding a proposed Single Lot Development and AR10-34 Rezoning Application submitted by Joe & Jo Anna Benson, on property located at 15248 Road 22, Dolores, CO, consisting of 47.10 acres, more or less, located south of Road S, west of Hwy 491, situated in Section 39, Township 37N, Range 16W, N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.   Mr. and Mrs. Benson were 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 Koppenhafer moved to approve the Single Lot Development and AR10-34 Rezoning Application submitted by Joe & Jo Anna Benson, on property located at 15248 Road 22, Dolores, CO, consisting of 47.10 acres.  Second by Commissioner Lindsay and carried. Commissioner Candelaria closed the hearing at this time.  (See attached)

The Planning Department presented for discussion and approval of a Boundary Line Adjustment Application submitted by Busted Bronc Ranch, LLC, agent: Kendall Burgemeister, on properties located at 44501 Hwy 160, Mancos, CO, consisting of 22.06 acres, more or less & TBD Hwy 160, Mancos, CO, consisting of 68.28 acres, more or less, both located north of Hwy 160, east of Road 44, situated in Section 24, Township 36N, Range 13W, N.M.P.M.   Agent, Burgemeister was present.  Commissioner Lindsay moved to accept the Boundary Line Adjustment Application submitted by Busted Bronc Ranch, LLC, agent: Kendall Burgemeister, on properties located at 44501 Hwy 160, Mancos.  Second by Commissioner Koppenhafer and carried. (See attached)

Planning Director, Haley along with Assistant, Duncan presented for signatures of a Mylar for a Boundary Line Adjustment Application submitted by Busted Bronc Ranch, LLC, agent: Kendall Burgemeister, on properties located at 44501 Hwy 160, Mancos, CO, consisting of 22.06 acres, more or less & TBD Hwy 160, Mancos, CO, consisting of 68.28 acres, more or less, both located north of Hwy 160, east of Road 44, situated in Section 24, Township 36N, Range 13W, N.M.P.M.

COUNTY ADMINISTRATOR REPORT: Administrator Anderson, no report. 

COUNTY CLERK & RECORDER: County Clerk, Kim Percell, mentioned applications received for the available position within the department.

COUNTY COMMISSIONER REPORT: Topics within the Commissioner reports included:

Commissioner Lindsay discussed the scheduled Cortez City Council meeting.

Commissioner Koppenhafer mentioned spending time with family during the holiday weekend.

Commissioner Candelaria highlighted items available on the County surplus auction site Purple Wave Auctions.

PUBLIC HEARING: It being the time set aside a continued public hearing is held for New Evidence on Remand for review and determination regarding a proposed High Impact Permit Application to approve a Retail Sales use, submitted by Leaf Properties, Inc, on property located at 27078 Road N, Dolores, CO consisting of 3.78 acres, more or less, located South of Road N, east of Highway 145, situated in Section 7, Township 36N, Range 15W, N.M.P.M. Such hearing shall be in addition to the public hearings held on April 23, 2024, and April 30, 2024, on this application, to allow the applicant to respond to the written and electronic submittals from the public and for such new information as is relevant to the rehearing, and for the Board of County Commissioners to issue a written decision.  The roll was called, the public notice read, and the proceedings were recorded for the record.   Doug Kinsey and Andrew Peters (by Zoom) were present. Planning Director, Don Haley along with Assistant, S. Jane Duncan were present.  County Attorney Tarnowski gave an overview of the application, the previously held hearings and discussed the purpose of this continued hearing was to allow the Commissioners and the public the opportunity to review documents presented during the previous hearing.  Commissioner Candelaria opened the hearing to public comment.  Public comments were made by: Amy Jacobs, Brad DeMond, Dale Ward, and Dawn Utrup.   Hearing no further public comment, that portion of the hearing was closed.  After hearing all the evidence presented Commissioner Lindsay moved to deny the application, based on the following: public safety as previously stated, traffic hazards, fire safety concerns, a disruption of local identity that far outweighs the benefits of chain boxed stores, especially when alternative retail options exist nearby.  Second by Commissioner Koppenhafer. Attorney Tarnoski recommended the adoption of a resolution to this effect when the minutes have been adopted.  With two votes in favor from Commissioner’s Lindsay and Koppenhafer and one vote against from Commissioner Candelaria the motion carried.  Commissioner Candelaria closed the hearing at this time.  (See attached)  

PUBLIC COMMENT: Public comment was made by Allen Maez. 

UNFINISHED BUSINESS:

SOUTHWEST HEALTH SYSTEMS: (CEO) Chief Executive Officer, Joe Thein met with the Commissioners to give an update on the local hospital.

ROAD & BRIDGE DEPARTMENT: Road Superintendent, Curt Logsdon met with the Commissioners to present the Commissioner Report as required by CRS Title 43-2-111.   Other topics discussed included: weed mowing operations, a new pothole bonding product and the current chip seal projects.  Attorney Tarnowski gave an update on the Road 25 and Hwy 184 road alignment project.  (See attached)

EMERGENCY MANAGEMENT:  Emergency Manager, Jim Spratlen met with the Commissioner  to present for approval, the National Disaster Mitigation Enterprise grant application.  Commissioner Koppenhafer moved to approve the Montezuma County Grant Application Submission Form, for the Emergency Management Department, through the National Disaster Mitigation Enterprise, in the amount of $115,955.56, with no cash match.  Second by Commissioner Lindsay and carried.  (See attached)

COUNTY ATTORNEY REPORT: Attorney Stephen Tarnowski reported that the new Assistant County Attorney, Gus Maxwell, will start August 11, 2025.  

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

CORRESPONDENCE: The following correspondence was read and noted:

ADJOURNED: 10:47 a.m.

___________________________                              ____________________________

Clerk        July 8, 2025                                                Chairman