BOCC Minutes August 9, 2022

PROCEEDINGS OF THE BOARD OF COMMISSIONERS

MONTEZUMA COUNTY, COLORADO

August 9, 2022

STATE OF COLORADO           )

                                                     ) ss.

COUNTY OF MONTEZUMA   )

At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday August 9, 2022 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 (By Zoom)

MINUTES: Commissioner Lindsay moved to approve the minutes of the Proceedings of the Board of Commissioners Montezuma County, Colorado dated August 2, 2022, as presented.  Motion was seconded by Commissioner Koppenhafer and carried.

PUBLIC HEARING: It being the time set aside a public hearing is held for review and determination of a proposed Subdivision Amendment Application to the Keith Evans 2 Lot Moderate Subdivision, submitted by Keith Evans and Curt & Nancy Mangan, on properties located at 10659 Road 26, Cortez, CO, consisting of 15.51 acres, more or less and 10869 Road 26, Cortez, CO, consisting 16 acres, more or less, both located west of Road 26, south of Road L, situated in Section 23, T.36N, R.16W, N.M.P.M..  The roll was called, the public notice read, and the proceedings were recorded for the record.  Mr. Mangan was present.  Planning Director, Don Haley 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 accept the proposed subdivision amendment application to the Keith Evans 2 lot moderate subdivision, submitted by Keith Evans and Curt & Nancy Mangan, on properties located at 10659 Road 26, Cortez, CO.  Second by Commissioner Lindsay and carried.  Commissioner Candelaria closed the hearing at this time.  (See attached)

COUNTY ATTORNEY REPORT: County Attorney, Ian MacLaren reported that Clerk, Percell had been served in a lawsuit from Secretary of State Candidate Tina Peters and gave updates on the Charles Fish and Ellis Lewis, Land Use matters

PUBLIC HEARING: It being the time set aside a public hearing is held for review and determination of a proposed 2 Lot Minor and AR10-34 Rezoning Application, submitted by Daniel & Amanda Ryan, on property located at 17390 Road 23, Dolores, CO, consisting of 40.46 acres, more or less, located north of Road T, east of Road 23, situated in Section 16, T.37N, R.16W, N.M.P.M..  The roll was called, the public notice read, and the proceedings were recorded for the record.  Mr. Ryan was present.  Planning Director, Don Haley 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 approve proposed 2 lot minor and AR10-34 rezoning application, submitted by Daniel & Amanda Ryan, on property located at 17390 Road 23, Dolores.  Second by Commissioner Koppenhafer and carried.  Commissioner Candelaria closed the hearing at this time.  (See attached)

COUNTY ADMINISTRATOR REPORT: County Administrator, Travis Anderson discussed; a meeting regarding the proposed Lexipole Software program, (SRS) Secure Rural Schools funding, a Dispatch Stake Holder meeting and a feasibility study regarding a solar panel project at the Fairgrounds.     

COUNTY COMMISSIONER REPORT: Topics discussed within the Commissioners reports included: Commissioner Koppenhafer discussed the attended County Fair and a future discussion regarding issues at the Fairgrounds.  Commissioner Lindsay discussed the attended County Fair, Dispatch problems, Fairground issues and the Cortez City Council meeting.  Commissioner Candelaria discussed the Lexipole Software meeting, the attended Economic Development meeting, (SRS) Secure Rural Schools funding, the Road 29 striping issue, a power outage in the Mancos area, the Boggy Draw Beat Down and the Dolores town Meeting.

PUBLIC HEARING: It being the time set aside a public hearing is held for review and determination of a proposed 2 Lot Minor Subdivision and AR3-9 Rezoning Application, submitted by Justin & Brianna Wyatt, on property located at 16659 Road 24, Dolores, CO, consisting of 21.69 acres, more or less, located north of Road S, west of Road 24 situated in Section 21, T.37N., R.16W., N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.  Mr. and Mrs. Wyatt were present.  Planning Director, Don Haley 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 2 lot minor subdivision and AR3-9 rezoning application, submitted by Justin & Brianna Wyatt, on property located at 16659 Road 24, Dolores.  Second by Commissioner Koppenhafer and carried.  Commissioner Candelaria closed the hearing at this time.  (See attached)

PUBLIC COMMENT: Public comment was made by Allen Maez.

VEHICLE MAINTENANCE: Road & Bridge Equipment Manager, Shane Higman met with the Commissioners to give a monthly report.  Manager Higman presented an Enterprise / Fleet Management Open-End (Equity) Lease Rate Quote in the amount of $50,299.00, for the purchase of a 2022 Ram Tradesman 2500 truck.  Commissioner Lindsay moved to accept the open-end lease rate quote from Fleet Management / Enterprise, in the amount of $50,299.00.  Second by Commissioner Koppenhafer and carried.  Other topics discussed included; the Departmental Vehicle Share Program, the previously ordered vehicles for the Sheriff’s Fleet, Road Department pickups and getting vehicles ready to be sold.  (See attached)

GROUNDS AND BUILDINGS: Maintenance Supervisor, Dustin Sattler reported on the grounds and buildings.  Projects discussed included; panel and concrete for the steer wash bay at the Fairgrounds, a mini split for the Coroner’s office, Annex 1 and Annex 3 back flow drains, the Administration building generator, the Public Health Department generator project, a mini split for the new Road and Bridge office and the Fairgrounds suppression system.

IT: IT Director, Jim McClain met with the Commissioners to present his monthly report.  Director McClain discussed the attended CDOT Broadband project meeting, the Regional Grant proposal, Arcadian as a private fiber provider, the scheduled broadband meeting and the Concert for Critters event. 

GIS MAPPING: GIS Manager, Doug Roth was not available

PUBLIC LANDS:

Canyon of the Ancients National Monument Manager, Ray O’Neal met with the Commissioners and discussed; the hours of operation for the Visitor Center, the Painted Hand site project, the Gunnison Sage Grouse and the Yellow Jacket and Flowdine allotments.  

Bureau of Land Management, Connie Clementson met with the Commissioners and discussed the following topics; Cooperating Agency Agreements for the Gunnison Sage Grouse and Big Game Corridors, the lifting of the fire restrictions, an update on recent fires, a Mancos Trail Group project on the Aqueduct Trailheads and the scheduled September 8 and 9^th Southwest Resource Advisory Meeting to be held in Gunnison CO.  

UNFINISHED BUSINESS:

DISCUSSION: The discussion regarding the Water Suppression System at Fairgrounds was postponed to allow follow up questions to be addressed.

DISCUSSION: A discussion was held regarding the proposed Fairground Fee Adjustments.  Commissioner Koppenhafer moved to accept the first proposed rate schedule for this year and to revisit a year from this date, in that time frame, to see where we are at every year with the Fairgrounds, for any new events scheduled for 2023.  Second by Commissioner Lindsay and carried.  (See attached)

DISCUSSION: The discussion regarding the MOU between AAA and Montezuma County related to the Grow Dome was postponed to allow proposed amendments to be presented.

DISCUSSION: Gunnison Sage-Grouse Resource Management Plan Amendment and Environmental Impact Statement.  Commissioner Lindsay moved to sign the MOU with the BLM, for the development of the Gunnison Sage-Grouse resource management plan amendment and environmental impact statement.  Second by Commissioner Koppenhafer and carried.  (See attached)

DISCUSSION: Big Game Habitat, Movement Route and Migration Corridor Resource Management Plan Amendment.  Commissioner Koppenhafer moved to approve and sign, the memorandum of understanding, with the Bureau of Land Management, Colorado State Office and Montezuma County, for cooperative development of the Big Game Habitat, movement route and migratory corridor resource management plan amendment.  Second by Commissioner Lindsay and carried.  (See attached) 

DISCUSSION: Forrest Service Schedule “A” Agreement #22R011021300-039.  Commissioner Lindsay moved to approve the road project agreement between Montezuma County and the USDA Forest Service and the San Juan National Forest which is FS agreement #22R011021300-039.  Second by Commissioner Koppenhafer and carried. (See attached)

DISCUSSION: The discussion regarding the Employee Handbook update was postponed.

NATURAL RESOURCES, PLANNING & PUBLIC LANDS: Resource Director, James Dietrich, met with the Commissioner to give a weekly report.   Director, Dietrich discussed the Gunnison Sage Grouse, Big Game Corridors, the Mancos Trail Group’s Aqueduct Trail project, the Paths to Mesa Verde, the attended (DWRF) Dolores Watershed and Resilient Forrest meeting, the CFLRP funding, the IHOP grant and the Outdoor Recreation Grant. 

EMERGENCY MANAGEMENT:  Emergency Manager, Jim Spratlen met with the Commissioners to discuss the recent Mancos area power outage that caused dispatch issues from the Menifee Mountain tower.

EXECUTIVE SESSION: Pursuant to Attorney MacLaren’s suggestion, Commissioner Lindsay moved for the Board of County Commissioners 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) and to include Commissioners Candelaria, Lindsay and Koppenhafer, Administrator Anderson, Attorney MacLaren ,and Assistant County Attorney Steve Turnwski, seconded by Commissioner Koppenhafer and carried.  Topics for the executive session included the Ironwood Mill.  Commissioner Koppenhafer moved to go out of executive session, seconded by Commissioner Lindsay and carried. (See attached)

CORRESPONDENCE: The following correspondence was read and noted: Emails received from Kelsey Wilson, Cindy Vermeule, Bruce Dean Anderson, Lowell F. Volk, and Ingrid Ward.

MOTION TO ADJOURN: was made by Commissioner Lindsay, seconded by Commissioner Koppenhafer and carried.

MEETING ADJOURNED: 11:30 a.m. 

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Clerk                               August 9, 2022                        Chairman