BOCC Minutes December 19, 2023

PROCEEDINGS OF THE BOARD OF COMMISSIONERS

MONTEZUMA COUNTY, COLORADO

December 19, 2023

STATE OF COLORADO           )

                                                     ) ss.

COUNTY OF MONTEZUMA   )

At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday December 19, 2023 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 December 19, 2023 with the Pledge of Allegiance

MINUTES: Commissioner Koppenhafer moved to approve the Proceedings of the Board of County Commissioners of Montezuma County, for Tuesday, December 12, 2023 as presented.  Motion was seconded by Commissioner Lindsay and carried.

PUBLIC HEARING: It being the time set aside a continued public hearing is held for review and determination regarding a proposed 4 Lot Moderate Subdivision and Rezoning Application submitted by Ellis Lewis, on property located at 14171 Road 36.75, Mancos, CO, consisting of 39.66 acres, more or less, located south and west of Hwy 184, situated in Section 34, T.37N, R.14W, N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.  Mr. Lewis 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. Public comment was made by Wray Boswell and Andrea Martin.  Hearing no further public comment that portion of the hearing was closed.  After hearing all the evidence presented Commissioner Lindsay moved to deny the permit based on inadequate access and the lack of CDOT approval, at this point.  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 4 Lot Moderate Subdivision and AR3-9 & AR10-34 Rezoning Application submitted by Braden Jones, on property located at 38511 Road H, Mancos, CO, consisting of 26.29 acres, more or less, located east of Hwy 160, north of Road H, situated in Section 36, Township 36N, Range 14W, N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.  Representative, Erick Ireland 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.  Public comment was made by Danette Dillon.  Hearing no further public comment that portion of the hearing was closed.  After hearing all the evidence presented Commissioner Koppenhafer moved to deny the application at this time, due to the fact the water is not available for two of the lots.  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 the change of ownership of the 49 Square Ventures property and a revocation of the Certificate of Designation.  The recommendation from Planning was to schedule a Public Hearing for January 30, 2024 at 9:00 a.m., to review the revocation of the Certificate of Designation from the property formerly owned by 49 Square Ventures.  The Commissioners were in agreement to set this Public Hearing, for January 30, 2024, to discuss the Certificate of Designation for 49 Square Ventures because the property had been sold.   (See attached)

Planning Director, Haley along with Assistant, Duncan presented for signatures of a High Impact Permit Application, submitted by Maverik, Inc; agent: Matt Reider, located at 7255 Hwy 160-491, Cortez, CO, consisting of 10 acres, more or less, located west of Hwy 160-491, north of Road G, situated in Section 4, Township 35N, Range 16W, N.M.P.M.

Director, Haley along with Assistant, Duncan presented for signatures of a an After-The-Fact Variance, submitted by Ashley C. Smith, on property located at 7348 Road 40.3, Mancos, CO, consisting of 3.79 acres, more or less, located north of Road 40.3, situated in Section 5, Township 35N, Range 13W, N.M.P.M.. 

Planning Director, Haley along with Assistant, Duncan presented for signatures of a High Impact/Special Use Permit Application, submitted by Ramble Outdoors, Inc, agent for Benny & Sondra Cordova, on property located at TBD Road 31, Dolores, CO, consisting of 9.05 acres, more or less, & Conrad & Eva Hover, on property located at 29485 Road M, consisting of 24.12 acres, more or less, both located north of Road M, west of Road 31, situated in Section 9, Township 36N, Range 15W, N.M.P.M.

PUBLIC COMMENT: Public comment was made by Edward P. Anderson, Allen Maez, Odis Sikes and James Myers.

UNFINISHED BUSINESS:

ISCUSSION: The proposed AmpliFund grant management software contract was presented for approval by Grant Coordinator, Robert Dobry.  Commissioner Koppenhafer moved to approve the order form from StreamLink Software Inc. DBA AmpliFund, a Delaware Corporation, and Montezuma County, for the AmpliFund Grant Seeker Enterprise, for managing the annual grant revenue in Montezuma County, for one year.  Second by Commissioner Lindsay and carried.  (See attached) 

DISCUSSION: A proposed vehicle purchase for the Road and Bridge Department was presented for approval.  Commissioner Lindsay moved to approve the purchase of the Ram 2500 from Mike Shaw which was budgeted in the amount of $55,321.70.  Second by Commissioner Koppenhafer and carried.  (See attached)

DISCUSSION: The proposed 2024 Holiday Schedule was presented for approval.  Commissioner Lindsay moved to approve the employee Holiday Schedule as presented.  Second by Commissioner Koppenhafer and carried.  (See attached)

DISCUSSION: A proposed Resolution pertaining to the submission to the registered qualified electors of Montezuma County, of a question authorizing the imposition of a Public Safety Sales Tax Period for the purpose of funding improvements to the County’s Public Safety organizations will be discussed during future workshop agendas.  (See attached)

COUNTY ATTORNEY REPORT: County Attorney, Ian MacLaren discussed the 2008 and 2009 BAA Kinder Morgan case. 

ADMINISTRATOR REPORT: County Administrator, Travis Anderson reported he was working on partnerships with the City of Cortez and the Mancos Conservation District.

EXPENDITURE REPORT: Administrator Anderson presented for approval, the November 2023 Accounts Payable Expenditure Reports in the amount of $3,219,676.27.  Commissioner Lindsay moved to accept the expenditures in the amount of $3,219,676.27.  Second by Commissioner Koppenhafer and carried.   (See attached)

COUNTY COMMISSIONER REPORT: Topics within the Commissioners reports included: Commissioner Lindsay discussed the scheduled Housing Solutions meeting, the attended Cortez City Council meeting, then wished everyone a Merry Christmas and Happy New Year.  Commissioner Koppenhafer discussed the attended Colorado River Water Users meeting in Las Vegas, the appointment of Robert Sakata as the Water Advisor for the State Department of Agriculture, the recommendations submitted to the legislature from the Colorado River Task Force and gave an update the Dolores River NCA.  Commissioner Candelaria discussed the Dolores River NCA, proposed amendments to the County Land Use Code, the Sheriff being an Elected Official, the transparency and a public hearing for the County budget.  

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

CORRESPONDENCE: The following correspondence was read and noted:

MEETING ADJOURNED:  11:17 a.m.

_____________________________                           ____________________________

Clerk                     December 19, 2023                          Chairman