PROCEEDINGS OF THE BOARD OF COMMISSIONERS

MONTEZUMA COUNTY, COLORADO

February 21, 2023

STATE OF COLORADO           )

) ss.

COUNTY OF MONTEZUMA   )

At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday February 21, 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 February 21, 2023 with the Pledge of Allegiance.

MINUTES: Commissioner Koppenhafer moved to approve the minutes of the Proceedings of the Board of Commissioners Montezuma County, Colorado dated Tuesday, February 7, 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 review and determination of a proposed High Impact/Special Use Permit Application and Commercial Planned Unit Development Application, submitted by Circle C RV Park & Campground, Inc.; agents: Lana Kelly & John Godbout, on property located at 28000 Road T, Dolores, CO, consisting of 14 acres, more or less, located south of Road T, west of Hwy 145, situated in Section 19, Township 37N, Range 15W, N.M.P.M. The roll was called, the public notice read, and the proceedings were recorded for the record.   Agents, Lana Kelly and John Godbout were 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 Susan Lisak.  Hearing no further public comment that portion of the hearing was closed.  After hearing all the evidence presented Commissioner Lindsay moved to approve the permit for the Commercial Planned Unit Development, submitted by Circle C RV Park & Campground, Inc.; agents: Lana Kelly & John Godbout, on property located at 28000 Road T, Dolores, CO.  Seconded 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 an Amendment to High Impact Permit #HIP-08-2021/Special Use Permit #SUP-12-2021 and Commercial Planned Unit Development submitted by Bright Star; Agent: Troy Jaskowski, on property located at 30261 Road H, Cortez, CO,  consisting of 11.7 acres, more or less, located south of Hwy 160, east of Road 27, situated in Section 34, 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. and Mrs. Jaskowski were 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 comments were made by Susan Lisak, Tricia Hale, Carlin Frable, Brittney Martin, Billy Acres, Doug Jennings and Melissa Matthews.  Hearing no further public comment that portion of the hearing was closed.  After hearing all the evidence presented Commissioner Lindsay moved to approve the amendment to High Impact Permit #HIP-08-2021/Special Use Permit #SUP-12-2021 and Commercial Planned Unit Development submitted by Bright Star; Agent: Troy Jaskowski, on property located at 30261 Road H, Cortez, contingent upon recommendations from the P&Z and as stated by the owners themselves, on a 70 people limit and also contingent upon septic approvals and all of the amendments to the Land Use Plan.   Seconded by Commissioner Koppenhafer 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 Boundary Line Adjustment, submitted by David Posner & Karl Jeffries, on properties located at 11245 & 11145 Road 20, Cortez, CO, consisting of 3.34 acres, more or less & 3.80 acres, more or less, located south of Road M and west of Road 20, situated in Section 14, T.36N., R.17W., N.M.P.M.

PLANNING: Director, Haley along with Assistant, Duncan presented for signatures of a Mylar for a 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.

PLANNING: Director, Haley along with Assistant, Duncan presented for signatures of a Mylar for a 3 Lot Minor Subdivision and AR10-34 Rezoning Application submitted by Ted Clark; agent: Ernie Maness, on property located at 26059 Road 38.5, Dolores, CO, consisting of 32.6 acres, more or less, located north of Hwy 145, east of Road 38, situated in Section 36, T.39N, R.14W, N.M.P.M.

PLANNING: Director, Haley along with Assistant, Duncan presented for signatures of a Mylar for a proposed Subdivision Amendment Application to the Herrington Minor Subdivision, 2nd Amended, A Moderate Subdivision, submitted by Edward Tevault, on property located at 21555 Road F, Cortez, CO, consisting of 4.50 acres, more or less, and Robert Field, on property located at 21424 Road F, Cortez, CO, consisting of 14.74 acres, more or less, both located south of Road F and east of Road 21, situated in Section 18, T.35N, R.16W, N.M.P.M

PLANNING: Director, Haley along with Assistant, Duncan presented for signatures of a Mylar for a Single Lot Development and AR3-9 Rezoning Application, submitted by Kuenzler Enterprise Family, LLP; agent: Keenen Lovett, on property located at 4406 Road 21, Cortez, CO, consisting of 152.79 acres, more or less, located north of Road D, west of Hwy 160/491, situated in Section 19, Township 35N, Range 16W, N.M.P.M.

PLANNING: Director, Haley along with Assistant, Duncan presented for signatures of a Variance correction submitted by Will & Sandra Lochte; agent: Erin Johnson, on property located at 40575 Hwy 160 BR, Mancos, CO, consisting of 3 acres, more or less, located north of Hwy 160 BR, west of E. Monte St., situated in Section 29, Township 36N, Range 13W, N.M.P.M.

PUBLIC COMMENT: Mike Lynch made public comment.

COUNTY SHERIFF: Sheriff, Steven Nowlin met with the Commissioners to present his monthly reports.  Topics discussed included; the daily inmate total as of 2-22-23 was 85, the monthly written Sheriff reports, deputy coverage for security events held on County facility properties and a proposed County Attorney / Sheriff’s Attorney discussion regarding the new county vehicle policy.   The written reports included; the Calls for Service Report, the Jail Report, the Year to Date Transport Report, the Perdium and Cost for Travel Report, the Total Monthly Inmate Report, the Monthly Arrests Report, the Dolores County Billing Report, the City of Cortez Billing Report, the DOC Holds Report, the Operational Expense Report and the Monies Paid to the General Fund Report.   (See attached)

COUNTY CORONER: Coroner, George Deavers met with the Commissioners to give the January 2023 monthly case numbers and the Year to Date Totals report.  Topics discussed included; coroner cases, hospice deaths, motor vehicle accident deaths, suicides, overdose deaths and autopsies.  Coroner Deavers presented the following 2022 Coroner Case reports for review: the Cases by Month, Cases by Day and the Cases by Time of Day Report.  Also presented for discussion was the 2015–2022 Montezuma County Overdose Deaths report.  (See attached)

UNFINISHED BUSINESS:

DISCUSSION: The Montezuma County Emergency Management, dba Community Intervention Program (CIP), Secure Transportation Vehicle Permit and Service License, application was presented for approval.  Commissioner Koppenhafer moved to certify that the Montezuma County Emergency Management dba Community Intervention Program and the State of Colorado, have a Type B secure transportation vehicle permit, having paid Montezuma County Public Health the appropriate fees, and the secure transportation service license.  Second by Commissioner Lindsay and carried.  (See attached)

DISCUSSION: The discussion regarding County vehicles owned by Montezuma County being used out of county was postponed.

DISCUSSION: Chairman Candelaria reported that the current Sheriff Office’s Black & Gray Marijuana Grant budget had an error that would be corrected and carried over to the 2023 budget.   (See attached)

DISCUSSION: The discussion regarding the Strategic Planning Services was postponed.   

DISCUSSION: IT Director, Jim McClain presented the Webcheck Penetration Test Proposal for approval.  Commissioner Koppenhafer moved to approve the penetration test proposal through Webcheck Security, to the IT systems for Montezuma County.  Second by Commissioner Lindsay and carried.  (See attached)

LODGERS TAX COMMITTEE: During the Monday workshop Committee Chairman, Lee Cloy recommended to the Commissioners to appoint Jason Armstrong as the Mancos representative to the Lodgers Tax Committee.   Commissioner Lindsay moved to appoint Jason Armstrong from Mancos, as representative for them to the Lodger Tax Committee.  Second by Commissioner Koppenhafer and carried.

NEW BUSINESS:

LIQUOR LICENSE: Deputy Clerk, Jerri Frizzell presented for approval a liquor license renewal application for The Gettin’ Place, Steele Investments Inc., located at 26060 Hwy., 491 Pleasant View, Co. 81331.  Commissioner Koppenhafer moved to approve the retail liquor license and fermented malt beverage license for the The Gettin’ Place, Steel Investments Inc., located at 26060 Hwy., 491 Pleasant View.  Second by Commissioner Lindsay and carried.  (See attached)

DISCUSSION: County Attorney Ian MacLaren presented for approval the Deed of Easement and Right of Way for Road 14.  Commissioner Koppenhafer moved to approve the Deed of Easement for Right of Way, for Road 14, between Gayel Alexander and Montezuma County, as exhibit A for the extension of Road 14 to the public lands.  Second by Commissioner Lindsay and carried.  (See attached)

COUNTY GRANT COORDINATOR: Grant Coordinator, Robert Dobry met with the Commissioners to give a monthly report. Topics discussed included; an Economic Development Organization Action Grant, the EIAF Solar Grant, development of a Transportation Alternatives Program Plan, the Community Wildfire Defense Grant, an IIJA Local Match Grant, Zoom training on Congressionally Directed Spending, the Lewis Arriola Community Center’s (GOCO) Great Outdoors Colorado Grant, proposed policy development for administrative management costs for pass through grants, ITC Direct Tax Credit Payments and proposed county wide bridge projects.

COUNTY ATTORNEY REPORT: County Attorney, Ian MacLaren gave an update on the closure of the County Road 41 case and a discussion with Virginia Howie regarding perceptions within Montezuma County and a completed a Child Protection Services interview.

COUNTY ADMINISTRATOR REPORT: County Administrator, Travis Anderson gave a weekly report.  Topics discussed included; event ideas for the Fairgrounds, the proposed Landfill Voucher program, an attended CCI Zoom presentation and an update on the ClearGov program.

COUNTY COMMISSIONER REPORT: Topics discussed within the Commissioners reports included: Commissioner Koppenhafer discussed the attended Cattlemen’s meeting and the attended Southwest Water Conservation District zoom meeting.  Commissioner Lindsay mentioned constituent discussions, phone calls and the attended Cortez City Council meeting. Commissioner Candelaria reported on the attended NACO Conference, staffing issues, budget discussions and an overview of the Monday work session.

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

CORRESPONDENCE: The following correspondence was read and noted: Email from Ingrid Ward.

MEETING ADJOURNED: 11:15 a.m.

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Clerk                     February 21, 2023                              Chairman