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BOCC Minutes December 5, 2023

PROCEEDINGS OF THE BOARD OF COMMISSIONERS

MONTEZUMA COUNTY, COLORADO

December 5, 2023

 

 

 

STATE OF COLORADO           )

                                                     ) ss.

COUNTY OF MONTEZUMA   )

 

 

 

At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday December 5, 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 5, 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, November 21, 2023 as presented.  Motion was seconded by Commissioner Lindsay and carried.

 

PUBLIC HEARING: It being the time set aside a public hearing is held for the purpose of reviewing and determining recommendations to be made regarding a proposed Rezoning Application from AGZ to AR10-34, submitted by Ricky & Melissa Carver, Agent: Randy Carver, on property located at 12684 Hwy 491, Cortez, CO, consisting of 31.52 acres, more or less, located south of Road N, east of Hwy 491, situated in Section 9 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, Carver 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 continue the public hearing until 9:15 a.m. today.  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 discussion and approval of a Boundary Line Adjustment Application, submitted by Ricky & Melissa Carver, on property located at 12684 Hwy 491, Cortez, CO, consisting of 21.52 acres, more or less, and Warren & Rhonda Allmon, on property located at 12898 Hwy 491, Cortez, CO, both located east of Hwy 491, south of Road N, situated in Section 9, Township 36N, Range 16W, N.M.P.M.  Commissioner Koppenhafer moved to approve the boundary line adjustment between Ricky & Melissa Carver, on property located at 12684 Hwy 491, Cortez, CO, consisting of 21.52 acres, more or less, and Warren & Rhonda Allmon, on property located at 12898 Hwy 491, Cortez, CO.  Second by Commissioner Lindsay and carried.  (See attached)

 

PUBLIC HEARING: It being the time set aside a public hearing is held for the purpose of reviewing and determining recommendations to be made regarding a proposed Rezoning Application from AR3-9 to AR10-34, submitted by Warren & Rhonda Allmon, Agent: Randy Carver, on property located at 12898 Hwy 491, Cortez, CO, consisting of 5.51 acres, more or less, located south of Road N, east of Hwy 491, situated in Section 9 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, Carver 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 proposed rezoning application from AR3-9 to AR10-34, submitted by Warren & Rhonda Allmon, on property located at 12898 Hwy 491, Cortez, CO.  Second by Commissioner Lindsay and carried.  Commissioner Candelaria closed the hearing at this time.  (See attached)

 

PUBLIC HEARING: It being the time set aside the continuation of a public hearing is held for the purpose of reviewing and determining recommendations to be made regarding a proposed Rezoning Application from AGZ to AR10-34, submitted by Ricky & Melissa Carver, Agent: Randy Carver, on property located at 12684 Hwy 491, Cortez, CO, consisting of 31.52 acres, more or less, located south of Road N, east of Hwy 491, situated in Section 9 Township 37N, Range 16W, N.M.P.M.  The roll was called, and the proceedings were recorded for the record.  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 rezoning application from AGZ to AR10-34, submitted by Ricky & Melissa Carver, on property located at 12684 Hwy 491, Cortez.  Second by Commissioner Lindsay and carried.  Commissioner Candelaria closed the hearing at this time. 

 

PLANNING: Director, Haley along with Assistant, Duncan presented for signatures of a High Impact Permit submitted by Raptor Self-Storage, LLC, on property located at 26304 Road L, Cortez, CO consisting of 3.43 acres, more or less, located south of Road L, east of Road 26, situated in Section 24, Township 36N, Range 16W, N.M.P.M.

 

PLANNING: Director, Haley along with Assistant, Duncan presented for signatures of a Mylar for a 3 Lot Minor Subdivision and AR3-9 and AR10-34 Rezoning Application, submitted by Kenneth Bradshaw, on property located at TBD Hwy 491, Cortez, CO, consisting of 36.24 acres, more or less, located east of Hwy 491, west of Road 22, situated in Section 19, T.37N, R.16W, N.M.P.

 

PUBLIC HEARING: It being the time set aside a public hearing is held for review and determination regarding a proposed 2 Lot Moderate Subdivision Application submitted by Andrew & Danyell Lahmann, on property located at 17593 Hwy 145, Dolores, CO, consisting of 16.93 acres, more or less, located east of Hwy 184, north of Hwy 145, situated in Section 17, 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. Lahmann 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 Mike Lynch and Allen Maez.  Hearing no further public comment that portion of the hearing was closed.  After hearing all the evidence presented Commissioner Lindsay moved to approve the proposed 2 lot moderate subdivision application submitted by Andrew & Danyell Lahmann, on property located at 17593 Hwy 145, Dolores.  Second by Commissioner Koppenhafer and with 2 votes in favor by Commissioners Koppenhafer and Lindsay, and one vote against from Commissioner Candelaria, the motion 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.  Agent, 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 and Wesley Rivera.  Hearing no further public comment that portion of the hearing was closed.  After hearing all the evidence presented Commissioner Lindsay moved to continue the hearing to December 19, 2023 at 10:00 a.m.  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 High Impact Permit Application, submitted by Maverik, Inc; Agent: Todd Meyers, 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.  The roll was called, the public notice read, and the proceedings were recorded for the record.  Agent, Matt Reider 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 Hardy Tozer.  Hearing no further public comment that portion of the hearing was closed.  After hearing all the evidence presented Commissioner Lindsay moved to approve the proposed high impact permit application, submitted by Maverik, Inc; Agent: Todd Meyers, located at 7255 Hwy 160-491, Cortez, with all contingencies to be met.  Second by Commissioner Koppenhafer and carried.  Commissioner Candelaria closed the hearing at this time.  (See attached)

 

P&Z COMMISSION APPOINTMENTS: Planning Director, Haley along with Assistant, Duncan presented recommendations for a re-appointment of Haley Saunders to a 3-year term; appoint Ted Neergaard from alternate to regular Planning and Zoning Commission Board member for a 2 year term and to appoint Mike Doyle as the Planning and Zoning Commission Board member alternate for a one year term.  Commissioner Koppenhafer moved to re-appoint Haley Saunders, to a 3 year term on the Planning Commission, to appoint the alternate Ted Neergaard to the regular Planning Commission Board membership and move Mike Doyle from the list to the alternate at this time.  Second by Commissioner Lindsay and carried.

 

PUBLIC COMMENT: Public comment was made by Allen Maez.

 

EXECUTIVE SESSION: Pursuant to Attorney MacLaren’s suggestion, Commissioner Lindsay moved 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, Clerk Percell, Grant Coordinator, Robert Dobry and Finance Manager Faedra Grubbs, seconded by Commissioner Koppenhafer and carried. Topics for the executive session were to discuss specific legal questions related to contracts with the NRCS and individual land owners for phreatophyte removal.  Commissioner Lindsay moved to go out of executive session, seconded by Commissioner Koppenhafer and carried.   (See attached)

 

UNFINISHED BUSINESS:

DISCUSSION: The 2023, Tozer Gravel Pit Lease Agreement between Montezuma County and Carol L. Tibbits was presented for approval.  Commissioner Lindsay moved to sign an agreement with Carol L. Tibbits, and Montezuma County for use of the Tozer Gravel pit.  Second by Commissioner Koppenhafer and carried.  (See attached)

 

DISCUSSION: A discussion was held Monday during the BOCC workshop, related to a DOLA planning grant application, for a proposed capital improvement project at the County Combined Courthouse area.  Commissioner Lindsay moved to sign the application for the planning grant, for improvements to the Montezuma County Court House Combined court area.   Second by Commissioner Koppenhafer and carried. (See attached)

 

DISCUSSION: A discussion was held related to the Noxious Weed Grant Cost Share Program.  Commissioner Koppenhafer made a motion to move forward with the Cost Share Grant for the Noxious Weed program, in the amount of $10,000.00.  Second by Commissioner Lindsay and carried. (See attached)

 

DISCUSSION: The Commissioners were in agreement to defer the decision related to remote work for Social Services eligibility staff to County Staff and Administration. (See attached)

 

DISCUSSION: A discussion was held Monday during the BOCC workshop, Sheriff Steve Nowlin presented the Department of Public Safety, Division of Criminal Justice Grant #2021-DJ-23-01-49-1, for approval.   Commissioner Lindsay moved to sign the Department of Criminal Justice Grant, for $93,482.00, with the Colorado Division of Criminal Justice, Office of Adult and Juvenile Justice Assistance.  Second by Commissioner Koppenhafer and carried.  (See attached)

 

DISCUSSION: The discussion related to the Phreatophytes was postponed to a future date.

 

NEW BUSINESS:

LIQUOR LICENSE: Deputy Clerk, Jerri Frizzell presented for approval a liquor license transfer application for, Booze Stop LLC, located at 18794 Hwy 491, Lewis Co. 81327.  Commissioner Koppenhafer moved to approve the transfer of ownership of a liquor license, to Booze Stop LLC, at 18794 Hwy 491, Lewis, CO.  Second by Commissioner Lindsay and carried.  (See attached)

 

COUNTY ATTORNEY REPORT: County Attorney, Ian MacLaren gave an update on the Fair Board civil action complaint and the Ironwood case. 

 

ADMINISTRATOR REPORT: County Administrator, Travis Anderson discussed attendance at the CCI Conference, budget discussions, and gave an overview of the extended budget time line. 

 

COUNTY COMMISSIONER REPORT: Topics within the Commissioners reports included: Commissioner Lindsay discussed the attended Cortez City Council meeting and attendance at the CCI Conference.  Commissioner Koppenhafer discussed classes attended at the CCI Conference, the Colorado Ag Water Alliance meeting and the scheduled Colorado River Task Force meeting.  Commissioner Candelaria discussed the CCI Conference, budget discussions, Proposition 123, the attended press conference related to the death of Cortez Police officer Sgt. Michael Moran, the Alkali Bridge re-opening, a Road 36 Spruce Creek Multi-Plate Culvert Project presentation from Road Superintendent Englehart, and emails received related to the Road Department and snow removal.   

 

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

 

CORRESPONDENCE: The following correspondence was read and noted:

 

MEETING ADJOURNED:  11:40 a.m.

 

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Chairman
Jim Candelaria (District 1)
Phone: (970) 749-3841
Vice Chairman
Kent Lindsay (District 2)
Phone: (970) 560-1471
Commissioner of Deeds
Gerald Koppenhafer (District 3)
Phone: 970-749-0262
Contact Montezuma County Vice-Chairman, Jim Candelaria  (District 1)
Contact Montezuma County Commissioner Kent Lindsay (District 2)
Contact Montezuma County Commissioner Gerald Koppenhafer (District 3)
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