BOCC Minutes April 9 2024

PROCEEDINGS OF THE BOARD OF COMMISSIONERS

MONTEZUMA COUNTY, COLORADO

April 9, 2024

STATE OF COLORADO           )

                                                     ) ss.

COUNTY OF MONTEZUMA   )

At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday April 9, 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 April 9, 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, March 26, 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 Commercial Rezoning Application along with a High Impact Permit Application, submitted by Ute Mountain Ute Tribe; agent: Heather McDaniel with Horrocks Engineers, on property located at 158 Hwy 160-491, Cortez, CO consisting of 4.28 acres, more or less, located south of Road A, east of Hwy 160-491, situated in Section 12, Township 34N, Range 17W, N.M.P.M..  The roll was called, the public notice read, and the proceedings were recorded for the record.  Jennifer Goldman with Horrocks Engineers was present by Zoom.    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 Commercial Rezoning Application along with a High Impact Permit Application, submitted by Ute Mountain Ute Tribe; agent: Heather McDaniel with Horrocks Engineers, on property located at 158 Hwy 160-491, Cortez.  Second by Commissioner Koppenhafer and carried.  Commissioner Candelaria closed the hearing at this time.  (See attached)

PUBLIC HEARING: It being the time set aside a public hearing is held for review and determination regarding a proposed Subdivision Amendment and AR3-9 Rezoning Application to Lot C of the Crooked Cottonwood Subdivision, submitted by Gary Ellson, on property located at TBD Road 32.75, Mancos, CO, consisting of 24.08 acres, more or less, located west of Road 33, north of Road P, situated in Section 1, Township 36N, Range 15W, N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.   Mr. Ellson 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 Koppenhafer moved to approve the AR3-9 Rezoning Application to Lot C of the Crooked Cottonwood Subdivision, submitted by Gary Ellson, on property located at Road 32.75, Mancos, CO, consisting of 24.08 acres, more or less.  Second by Commissioner Lindsay and carried.  Commissioner Candelaria closed the hearing at this time.  (See attached)

PLANNING: Planning Director, Don Haley along with Assistant, S. Jane Duncan presented for signatures of a Mylar for a 2 Lot Minor Subdivision and AR3-9 & AR10-34 Rezoning submitted by Bernhard Hafner, on property located at 19082 Road W, Lewis, CO, consisting of 36.10 acres, more or less, located east of Road 19, south of Road W, situated in Section 2, Township 37N, Range 17W, N.M.P.M.

Planning Director, Don Haley along with Assistant, S. Jane Duncan presented for signatures a Mylar for a Subdivision Amendment & AR10-34 Rezoning to Lot #12 of the Summit Lake West Unit II Subdivision submitted by Ruth Mathis & Betty Toso, on property located at 14438 Road 34.7, Mancos, CO, consisting of 39.74 acres, more or less, located south of Hwy 184, west of Road 35.6, situated in Section 32, Township 37N, Range 14W, N.M.P.M.

PUBLIC HEARING: It being the time set aside a public hearing is held for review and determination regarding a proposed Subdivision Amendment & Boundary Line Adjustment Application of Lot 2 of the Lynch 2 Lot Minor Subdivision, submitted by Paul Abate, on property located at 14587 Road 29.75, Dolores, CO, consisting of 21.44 acres, more or less, and of the Redwood Single Lot Development, submitted by Kelley Shepherd, on property located at 14499 Road 29.6, Dolores, CO, consisting of 4.60 acres, more or less, both located south of Hwy 184 and east of Road 28, situated in Section 33, Township 37N, Range 15W, N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.  Mr. Abate 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 & Boundary Line Adjustment Application of Lot 2 of the Lynch 2 Lot Minor Subdivision, submitted by Paul Abate, on property located at 14587 Road 29.75, Dolores.  Second by Commissioner Koppenhafer and carried.  Commissioner Candelaria closed the hearing at this time.  (See attached)

PUBLIC COMMENT: Public comment was made by Susan Kemnetz, James Russell Meyers, Eleanor Macfarlane (See attached) and Landan Wilson. 

GRANT DISCUSSIONS: During the Monday workshop, County Grant Coordinator, Robert Dobry met with the Commissioners to discuss the following Grants: 

The CDOT DUI High Visibility Enforcement Grant.  Commissioner Koppenhafer moved to approve the Montezuma County grant application submission form for the CDOT DUI High Visibility Enforcement, in the amount of $3,000.00 reimbursement, with no county match.  Second by Commissioner Lindsay and carried. (See attached)

The 2024/25 Court Security Cash Fund Grant.  Commissioner Koppenhafer moved to approve the Montezuma County grant application submission form, for the Court Security Deputy funding, 7/1/2024 through 6/30/2025, in the amount of $65,000.00.  Second by Commissioner Lindsay and carried. (See attached)

LETTER OF SUPPORT:  A letter of support addressed to the Department of Energy, regarding the DE-FOA-0003195 Grant Funding, was presented for approval.   The letter of support is to document the partnership and commitment for the Community between Montezuma County and Empire Electric Association, Inc.  Commissioner Lindsay recused himself from this discussion.   Commissioner Koppenhafer moved to sign the letter of support for the Empire Electric Grid Resistance Innovative Partnership Grant.  Second by Commissioner Candelaria and carried.  (See attached)

DISCUSSION: A discussion related to the exemption list and percentage rate on the proposed resolution for the Public Safety Sales Tax Proposal (PSST) was held.  The Commissioners were in agreement to include the farm equipment exemption and to set the rate at one percent.  The proposed resolution is scheduled to be presented next week.    (See attached)  

COUNTY ATTORNEY REPORT: County Attorney, Ian MacLaren gave an update on the Ironwood case and discussed new legislation related to ADA compliance for the County Web sites, the Cortez Fire Protection District Contract, and a wrongful arrest complaint filed against the Sheriff’s Office.    

ADMINISTRATOR REPORT: County Administrator, Travis Anderson mentioned Officer Rick Torres as the interim Veterans Officer for the Veterans Department, grant issues, a stakeholder meeting related to medical detox evaluations for the Jail facility, the Public Safety Sales Tax Proposal, HB 21-1110 and the opening of the Landfill Cell 5 bids.  Administrator Anderson wanted to publicly congratulate Brenda Jarmon from Social Services on earning her Master’s Degree and Delilah Darland from the Public Health Department for receiving a national award from the Child Passenger Safety Board for child safety seats.     

On behalf of County Treasurer, Ellen Black, Administrator, Anderson presented for approval the July 1, 2023 through December 31, 2023, Schedule of Receipts and Disbursements.  Commissioner Koppenhafer moved to approve the Schedule of Receipts and Disbursements as presented, with an ending balance total of $41,777,341.04.  Second by Commissioner Lindsay and carried.  (See attached)

COUNTY COMMISSIONER REPORT: Topics within the Commissioners reports included:

Commissioner Koppenhafer discussed the attended Mancos Town Board meeting, proposed legislative water bills and a scheduled Southwest Water Conservation meeting.   

Commissioner Lindsay discussed the attended and scheduled Cortez City Council meetings, proposed legislative energy and gas bills, the attended Home & Garden Show and welcomed Veterans Officer Rick Torres. 

Commissioner Candelaria: welcomed Veterans Officer Rick Torres, discussed the attended Home & Garden Show, possible repairs to the Fairground’s arena sidewalk, a reminder that the Sheriff is an elected official and is responsible for his own department, the Monday workshop, the attended Dolores Town Board meeting and scheduled CCI legislative meetings.   

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

CORRESPONDENCE: The following correspondence was read and noted:  Reports from Road & Bridge Equipment Manager, Shane Higman.  A yearly report from the Clerk’s Recording Supervisor, Jerri Frizzell and Motor Vehicle Supervisor, Malinda Fuller. Election Comments from Clerk & Recorder, Kim Percell.  The Monthly Situation Report from Emergency Manager, Jim Spratlen.  An email received from constituent Ingrid Ward related to the Planning & Zoning.

MEETING ADJOURNED:  10:12 a.m.

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Clerk                     April 9, 2024                               Chairman