PROCEEDINGS OF THE BOARD OF COMMISSIONERS

MONTEZUMA COUNTY, COLORADO

February 22, 2022

STATE OF COLORADO           )

                                                     ) ss.

COUNTY OF MONTEZUMA   )

At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday February 22, 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

Shalako Powers, County Administrator, Absent

Planning Director, Don Haley

Ian MacLaren, County Attorney

Kim Percell, County Clerk

MINUTES: Commissioner Lindsay moved to approve the minutes of the Proceedings of the Board of Commissioners Montezuma County, Colorado dated February 8, 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 an After-The-Fact General Planned Unit Development and Rezoning Application and a High Impact & Special Use Permit Application submitted by Camp Kush, LLC, agent: Jennifer Meigs, on property located at 30261 Road H, Cortez, CO, consisting of 40.14 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.  Agent, Jennifer Meigs 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 the high impact and special use permit application submitted by Camp Kush, LLC, agent: Jennifer Meigs, on property located at 30261 Road H, Cortez, along with the General Planned Unit Development and Rezoning Application.  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 Subdivision Amendment Application to the Mancos Hills Major Subdivision, submitted by Erik Nordstrom & Shanti Savage, on properties located at 41952 Road J.75, consisting of 3.39 acres, more or less and TBD Road J.75, consisting 3.03 acres, more or less, Mancos, CO, both located north of Hwy 160, situated in Section 28, T.36N, R.13W, N.M.P.M.   The roll was called, the public notice read, and the proceedings were recorded for the record.  Mr. Nordstrom and Ms. Savage attended by Zoom.  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 the proposed subdivision amendment application to the Mancos Hills Major Subdivision, submitted by Erik Nordstrom & Shanti Savage, on properties located at 41952 Road J.75, consisting of 3.39 acres, more or less and TBD Road J.75, consisting 3.03 acres, more or less, Mancos, CO, both located north of Hwy 160, situated in Section 28, T.36N, R.13W, N.M.P.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 continued public hearing is held for review and determination of a proposed Single Lot Development and AR3-9 Rezoning Application submitted by Joseph & Austin Hancock, on property located at TBD Road 16, Yellow Jacket, CO, consisting of 115.69 acres, more or less, located south of Road W, east of Road 16, situated in Section 5, T.37N, R.17W, N.M.P.M   The roll was called, the public notice read, and the proceedings were recorded for the record.  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 approve the proposed single lot development and AR3-9 rezoning application submitted by Joseph & Austin Hancock, on property located at TBD Road 16, Yellow Jacket, CO, consisting of 115.69 acres, more or less, located south of Road W, east of Road 16.  Second by Commissioner Lindsay and carried.  Commissioner Lindsay 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 an Amendment to the Lutken 2 Lot Minor Subdivision, submitted by Jesus Castillo and Amanda Edwards; agent: Bernard Karwick, on properties located at 12168 Road G, consisting of 3.40 acres, more or less and 12318 Road G, consisting 18.08 acres, more or less, Cortez, CO, both located south of Road G, situated in Section 4, T.36N, R.18W, N.M.P.M.

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PLANNING: Planning Director, Don Haley along with Assistant, S. Jane Duncan presented for signatures a Mylar for a proposed Single Lot Development and AR3-9 Rezoning Application, submitted by Triple S Farms, LLC; agent: Ernie Maness, on property located at 26780 Road M, Cortez, CO, consisting of 247.62 acres, more or less, located south of Road M, west of Hwy 145, situated in Section 13, T.36N., R.16W., N.M.P.M.. 

PLANNING: Planning Director, Don Haley along with Assistant, S. Jane Duncan presented for signatures a Mylar for an AR3-9 Rezoning Application, submitted by Brumley Family Ranch, LLC, on property located at 16440 Road 30, Dolores, CO, consisting of 46.94 acres, more or less, located east of Road 30, south of Hwy 184, situated in Section 22, T.37N., R.15W., N.M.P.M..  . 

PUBLIC COMMENT:  Allen Maez thanked the GIS Department, Commissioners and County Clerk’s Department on the recent redistricting projects.

LIQUOR LICENSE: Deputy Clerk, Jerri Frizzell presented a liquor license renewal application for Triple H&J Inc., DBA Smitty’s Liquors located at 10255 Hwy 491 Cortez.  Commissioner Koppenhafer moved to approve the retail liquor, fermented malt beverage liquor license renewal application, for Triple H&J Inc., DBA Smitty’s Liquors, located at 10255 Hwy 491 Cortez, Co.  Second by Commissioner Lindsay and carried.  (See attached)

COUNTY SHERIFF’S MONTHLY REPORT: Sheriff, Steven Nowlin met with the Commissioners to give his monthly report.  Sheriff Nowlin presented for approval the 2022 budget for the Montezuma County Sheriff’/Town of Dolores Contract.  Commissioner Lindsay moved to approve the Contract between Montezuma County Sheriff’s office and the Town of Dolores for the 2022 budget.  Second by Commissioner Koppenhafer and carried.  Other topics discussed included; the January, Calls for Service Report, the Jail Report, the Dispatch Center and dispatch fees.  (See attached)

BOARD OF SOCIAL SERVICES MONTHLY REPORT: It being the time set aside, the Board of Social Services was conducted.  Director, Gina Montoya and Finance Officer, Lori Higgins were present.  (See attached)

PUBLIC HEALTH: Public Health Director, Bobbie Lock along with Assistant Director, Laurel Schafer, met with the Commissioners to give an introduction and overview of the Health Department’s Services and Programs. Colorado National Collaboration for Suicide Prevention Coordinators, Arlina Yazzie and Katie Maxwell met with the Commissioner to give an overview of the program.  (See attached)  

VETERANS SERVICE: Veteran Service Officer, Sara Kuhn met with the Commissioners to give a monthly report.  A copy of the Colorado Department of Military and Veterans Affairs, County Veterans Service Officers Monthly Report and Certification of Pay, January 2022 was presented for the record.  Other topics discussed included; the January 2022 financial report, a review of office activities, statistical data, the indirect income to Montezuma County, a visit from the Department of Veteran Affairs State Director, the installation of a regional Veteran Services Officer in Durango and an anonymous donation of I-Pads.   (See attached)

SENIOR SERVICES: Director, Jonathon G. Parker met with the Commissioners to give a monthly report on the Senior Services programs.  Topics discussed included; communication technology, socialization, on site meals, exercise programs, dance groups, artist league, on site activities and a Site / Activities Coordinator position, outreach, the lunch meal schedules and senior housing options.  

CSU EXTENSION OFFICE: Extension Director, Gregory Felsen along with Andrea Jeter met with the Commissioners for a monthly report.  Topics of the discussion included; a summary of the 2021 Community Needs Assessment Report, the Changing Our Mental & Emotional Trajectory (COMET) Training, the Livestock and Forage update, Drought Advisory Leadership Training, drought plan development, Community Economic Development, the Homegrown Talent Initiative, the Colorado Agrability classes, a Pruning Workshop and employee compensatory time.  (See attached)

NATURAL RESOURCES, PLANNING & PUBLIC LANDS: Resource Director, James Dietrich, met with the Commissioners to give a weekly report.  Director Dietrich discussed the Dolores County / Forest Service Campgrounds Agreement, the notification on the MMOF grant funding, and the Dolores Watershed Resilient Forest (DWRF).

COUNTY ATTORNEY REPORT: County Attorney, Ian MacLaren presented for approval, the 2022, West Mancos, FS Road #561 chip seal maintenance, Road Project Agreement between Montezuma County and the USDA Forest Service, San Juan Nation Forest.  Commissioner Lindsay moved to approve the Road Project Agreement between Montezuma County and the USDA Forest Service, San Juan Nation Forest.  Second by Commissioner Koppenhafer and carried.  (See attached)

Attorney MacLaren discussed the 2009 BAA Kinder Morgan case, the Lodgers Tax contracts, a CDPHE site visit to the Ironwood Mill and an update on the Road 23.6 Land Use violation case.  A discussion was held regarding the Walmart 2021 tax evaluation protest. The Commissioners were in agreement to hold the matter in abeyance.

Chairman Candelaria announced the adjournment of the meeting for the LUNCH break.

Chairman Candelaria announced the meeting would reconvene

MONTEZUMA COUNTY PUBLIC TRANSPORTATION (MCCO): MCCO Manager, Jennifer Morris met with the Commissioners to give a monthly report.  Topics discussed included; the 2020-2021 comparison report, the fixed route, a proposed passenger van purchase, a special event bus run for the Cultural Center, bike racks, and the vehicle advertisement wraps. (See attached)

UNFINSHED BUSINESS: A letter of support addressed to Mr. Faulk regarding the Essential Air Services at Cortez, CO DOT-OST-1998-3508 was presented for approval.   Commissioner Koppenhafer moved to sign the letter for the Essential Air Services to the Cortez Airport, in support of Denver Air.  Second by Commissioner Lindsay and carried.  (See attached)

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, Attorney MacLaren, Clerk Percell, and Planning Director, Haley, seconded by Commissioner Koppenhafer and carried.  Topics for the executive session included the Fiber Network. Commissioner Lindsay moved to go out of executive session, seconded by Commissioner Koppenhafer and carried.  (See attached)

COUNTY ADMINISTRATOR REPORT: Administrator, Shak Powers, was not available to give a report.

COUNTY COMMISSIONER REPORT: Topics discussed within the Commissioners reports included:  Commissioner Lindsay discussed the Housing Solution meeting, constituent discussions, the loss of 2 businesses within the Town of Dolores and the scheduled Cortez City Council meeting. Commission Koppenhafer discussed the attended Mancos Town Board meeting, and constituent discussions.  Commissioner Candelaria discussed the attended Southwest TRP meeting, the Washington trip, the scheduled Cortez City Council meeting and scheduled CCI Legislative meetings.

CORRESPONDENCE: The following correspondence was read and noted: The 2021 Performance Report from Region 9.

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

MEETING ADJOURNED: 2:10 p.m. 

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Clerk                     February 22, 2022                           Chairman