PROCEEDINGS OF THE BOARD OF COMMISSIONERS

MONTEZUMA COUNTY, COLORADO

December 6, 2022

STATE OF COLORADO           )

) ss.

COUNTY OF MONTEZUMA   )

At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday December 6, 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

CHAIRMAN, CANDELARIA opened the meeting of December 6, 2022 with the Pledge of Allegiance

MINUTES: Commissioner Koppenhafer moved to approve the minutes for the Board of County Commissioners, Montezuma County, for November 29, 2022 and the Special Meeting on November 30, 2022, 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 of a General Planned Unit Development, Special Use Permit and Rezoning Application submitted by Jeremy & Rebecca Gardner, on property located at 27256 Road P, Dolores, CO, consisting of 6.60 acres, more or less, located south of Road P, east of Hwy 145, situated in Section 6, T.36N, R.15W, N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.  Planning Director, Don Haley reported that the applicant requested that the hearing be rescheduled to January 31, 2023.  Commissioner Lindsay moved to continue the General Planned Unit Development, Special Use Permit and Rezoning Application submitted by Jeremy & Rebecca Gardner, on property located at 27256 Road P, Dolores, continued to January 31^st of 2023.  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 of a proposed 5 Lot Moderate Subdivision and Rezoning Application, submitted by Mark Lowe Investments, LLC, on property located at TBD Road 32, Mancos, CO, consisting of 35.23 acres, more or less, located south of Road P, east of Road 32, situated in Section 1, T.36N, R.15W, N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.   Mr. Lowe was present.    Planning Director, Don Haley 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 5 Lot Moderate Subdivision and Rezoning Application, submitted by Mark Lowe Investments, on property located at TBD Road 32, Mancos, CO, consisting of 35.23 acres.  Second by Commissioner Lindsay and carried.  Commissioner Candelaria closed the hearing at this time.  (See attached)

PLANNING: Director, Haley presented for signatures a Mylar for a  10 Lot Major Subdivision & Rezoning Application, submitted by Wes & Rebecca Jones, on property located at TBD Road 26, Dolores, CO, consisting of 35.81 acres, more or less, located south of Hwy 184, west of Road 26, situated in Section 11, T.37N, R.16W, N.M.P.M.

PUBLIC COMMENT: Public comment was made by Mike Lynch.

CSU EXTENSION OFFICE: Extension Director, Emily Lockard along with Western Region Director, Eric McPhail met with the Commissioners.  Mr. McPhail introduced himself and gave an overview of his background.  Other topics discussed included; the 4-H position, BOCC appointments to the Advisory Committee, the January 19-21 2023 Annie’s Project event, the Rocky Mountain Seed Alliance and the Heritage Grain Guidebook, the 2023 4-H Enrollment, enrollment fees and a January 12, 2023 scheduled Grazing Management Workshop.  (See attached)

VEHICLE MAINTENANCE: Road & Bridge Equipment Manager, Shane Higman met with the Commissioners to give a monthly report.  Manager Higman gave an overview of the 2022 report of units to be re-serviced, the sold or pending sell units and the purchased fleet units.  (See attached)

GROUNDS AND BUILDINGS: Maintenance Supervisor, Dustin Sattler met with the Commissioner to give a monthly report.  Supervisor Sattler presented for review and determination the 2023 Janitorial Services bids.  The recommendations for the 2023 janitorial services included; Superior Services LLC in the amount of $42,000.00 to clean the Administration Building, Taylor Betts in the amount of $23,349.96 for the Annex I Building, Superior Services LLC in the amount of $21,000.00 for the Annex III building, Monica’s Cleaning Service LLC in the amount of $ 70,740.00 for the Montezuma County Combined Courts building, and the Sheriff,  in the amount of $ 12,000.00, MOCO in the amount of $$1,920.00 and the Road and Bridge in the amount of $3,360.00 buildings to C.A.R.E., for a total amount of $174,369.96.  Commissioner Lindsay moved to award the janitorial services to the named and outlined businesses on the graph as presented.  Second by Commissioner Koppenhafer and carried.  Other topics discussed included; the Annex III basement offices project, the Cooler and Freezer projects, HVAC filter changes, a gate battery replacement at the Combined Court building, kitchen hood inspections and the Fairground Bathroom Facility project.  (See attached)

PUBLIC LANDS:

Canyon of the Ancients National Monument Manager, Ray O’Neal introduced Jim Michaels, the acting Bureau of Land Management Field Manager for Tres Rios.  Manager Michaels discussed; the announcement of the Field Manager positon, winter closures for recreational areas, a temporary closure of the Mud Springs parking area and a property owners concern regarding a parking lot for the Aqueduct Trail System.

Canyon of the Ancients National Monument Manager, Ray O’Neal discussed the Painted Hand Project, a temporary closure for a floor rehabilitation project at the Center, the scheduled Stanton Englehart special exhibit and the Yellow Jacket and Flodine grazing allotments.

Forrest Service District Ranger, Derek Padilla met with the Commissioners to give updates on various subjects.  Topics discussed included; the Beaver Rim Gravel Pit, controlled pile burns, the Dolores Recreation Access Environmental Assessment, proposed projects for the Boggy Draw Trail System and the Dolores Norwood Road, parking lot and restroom facilities projects, a proposed Boggy Draw trail width expansion project, signage for the Little Bean Canyon, the Schedule A Agreement and needed road repairs on the Dolores Norwood Road.

GIS MAPPING: GIS Manager, Doug Roth and Mapping Specialist, Nolan Notah met with the Commissioners for a monthly report.  Topics discussed included; a proposed signage project for the Canyon of the Ancients National Monument and the process / proposals for the 2023 Commissioner Redistricting Project.  (See attached)

UNFINISHED BUSINESS:

EMERGENCY MANAGEMENT:  Emergency Manager, Jim Spratlen presented for approval, the Local Share Commitment Letter for the Montezuma County COOP Generator Project, total amount of $170,486.40.  Commissioner Koppenhafer moved to sign the Local Share Commitment Letter for the Montezuma County COOP Generator Project.  Second by Commissioner Lindsay and carried. (See attached)

COUTNY CLERK & RECORDER: County Clerk, Kim Percell met with the Commissioners to present the 2023 election equipment proposals.  Proposals included; a Dominion Voting Systems, Inc., Second Amendment to the voting system and Managed Services Agreement and a Clear Ballot Master Service Agreement.  Commissioner Lindsay moved to pick up the Dominion Refresh for elections, the Second Amendment to the voting system and Managed Services Agreement by and between Dominion Voting Systems, in Montezuma County.  Second by Commissioner Koppenhafer and carried.  (See attached)

RESOLUTION: Resolution #15-2022, a resolution increasing Tire Fees at the Montezuma County Landfill, was presented for approval.  Commissioner Koppenhafer moved to approve Resolution #15-2022, a resolution increasing the tire fees at the Montezuma County Landfill.  Second by Commissioner Lindsay and carried.  (See attached)

DISCUSSION: Administrator, Anderson discussed the previously approved Homesfund support request.  Homesfund has requested that the Board pass a Resolution containing a no excessive force policy.  A proposed Resolution was included within the Homesfund packet.  Attorney MacLaren recommended that the resolution not be signed.  The Commissioners were in agreement to not take action regarding the proposed Resolution at this time.  (See attached)

DISCUSSION: A discussion was held regarding the proposed John Deere Lease / Buyout Plan for the Road and Bridge Department.  Commissioner Lindsay moved to accept the John Deer 772 Blades lease buyout plan in the amount of $290,000.00, out of the Road and Bridge Fund.  Second by Commissioner Koppenhafer and carried.  (See attached)

DISCUSSION: A discussion was held regarding the NCA draft testimony that will be presented to Congress, as part of the NCA bill adoption.  Commissioner Koppenhafer moved to support the NCA testimony as far as the National Conservation Area for the Lower Dolores River, as being presented to the Senate.   Second by Commissioner Lindsay and carried.

RESOLUTION: Public Health Director Bobbie Lock met with the Commissioners to present Resolution #16-2022, a resolution of the Board of County Commissioners of Montezuma County, Colorado adopting the Montezuma County Policy and Procedures Regarding Secure Transportation Services.  Commissioner Koppenhafer moved to approve resolution #16-2022, a resolution of the Board of County Commissioners of Montezuma County, adopting the Montezuma County Policy and Procedures Regarding Secure Transportation Services.  Second by Commissioner Lindsay and carried (See attached)

DISCUSSION: County Administrator, Travis Anderson, presented the Notice of Budget 2023, for the record.  It may be reviewed by the public at the Administration office and on the County website. The budget will be considered at the regular December 27, 2022 Commissioner meeting.  (See attached)

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, seconded by Commissioner Koppenhafer and carried. Topics for the executive session were legal tactics of negotiation, legalities and procedure regarding ongoing litigation on the Road 41 case.   Commissioner Lindsay moved to come out of executive session, seconded by Commissioner Koppenhafer and carried.   (See attached)

COUNTY ATTORNEY REPORT: County Attorney, Ian MacLaren discussed civil cases along with document and contract reviews.  Other topics discussed included; the completed Child Protection jury trial, handled by Assistant County Attorney, Stephen Tarnowski.

NATURAL RESOURCES, PLANNING & PUBLIC LANDS: Resource Director, James Dietrich, no report given.

COUNTY ADMINISTRATOR REPORT: County Administrator, Travis Anderson discussed end of year reports, mill levies, reviews of the previous water damage to the Annex I building, the attended United Way meeting, the Homesfund discussion, and a discussion with ACCA regarding BOCC department head appointments.

COUNTY COMMISSIONER REPORT: Topics discussed within the Commissioners reports included: Commissioner Koppenhafer reported that he would be attending the scheduled Southwest Water meeting.  Commissioner Lindsay congratulated the Realtors Association for the successful Parade of Lights.  Commissioner Candelaria also discussed the Parade of Lights, the attended Statewide Transportation Advisory Committee (STAC) meeting the scheduled TPR meeting, TAP funding and the Services for Deputy Janz.

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

CORRESPONDENCE: The following correspondence was read and noted:

MEETING ADJOURNED: 11:30 a.m.

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Clerk                     December 6, 2022                                     Chairman