BOCC Minutes February 4 2025

PROCEEDINGS OF THE BOARD OF COMMISSIONERS

MONTEZUMA COUNTY, COLORADO

February 4, 2025

STATE OF COLORADO           )

                                                     ) ss.

COUNTY OF MONTEZUMA   )

At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday February 4, 2025 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

Stephen Tarnowski, County Attorney

Kim Percell, County Clerk

CHAIRMAN CANDELARIA opened the meeting of February 4, 2025 with the Pledge of Allegiance.

MINUTES: Commissioner Koppenhafer moved to approve the Proceedings of the Board of County Commissioners of Montezuma County, for Tuesday, January 28, 2025 as presented.  The 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 3 Lot Minor Subdivision Application submitted by Three Rotors Ranches, Inc.; agent: Rebecca Lambert, on property located at 30275 Road S, Dolores, CO, consisting of 40 acres, more or less, located east of Road 30, north of Road S, situated in Section 22, Township 37N, Range 15W, N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.  Agent, Lambert 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 of the evidence presented Commissioner Lindsay moved to accept the proposed 3 Lot Minor Subdivision Application submitted by Three Rotors Ranches, Inc.; agent: Rebecca Lambert, on property located at 30275 Road S, Dolores, CO.  Second by Commissioner Koppenhafer and carried.  Commissioner Candelaria closed the hearing at this time.  (See attached)

EXECUTIVE SESSION Pursuant to Attorney Tarnowski’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).  Seconded by Commissioner Koppenhafer and carried.  Included in the session will be Commissioners Candelaria, Lindsay and Koppenhafer, Administrator Anderson, Attorney Tarnowski, Planning Director, Haley, Assistant, S. Jane Duncan and Clerk Percell.  Topics for the executive session were legal advice on Land Use Code variance applications.  Commissioner Lindsay moved to go out of executive session, seconded by Commissioner Koppenhafer and carried.   (See attached)

Planning Director, Don Haley along with Assistant, S. Jane Duncan presented an After-The-Fact Setback Variance Application, submitted by Laura Webster, on property located at 8400 Road 39, Mancos, CO, consisting of 7.82 acres, more or less, located north of Road H and east of Hwy 160, situated in Section 31, Township 36N, Range 13W, N.M.P.M.  (See attached)

Planning Director, Don Haley along with Assistant, S. Jane Duncan presented an After-The-Fact Setback Variance Application, submitted by Ouida Vincent, on property located at 10756 Road 26, Cortez, CO, consisting of 3.10 acres, more or less, located south of Road L and east of Road 26, situated in Section 24, Township 36N, Range 16W, N.M.P.M. (See attached)

Commissioner Lindsay moved to put the two variance applications on a 60 day forbearance, until April 8, 2025 at 9:00 a.m., to allow the cleanup of the variance language within the Land Use Code.  Seconded by Commissioner Koppenhafer and carried. 

Planning Director, Don Haley along with Assistant, S. Jane Duncan presented for signatures of a Mylar for General Planned Unit Development and High Impact/Special Use Permit, submitted by Robbins Family Ranches; agent: Brian McLaughlin, on property located at 9900, 10010 & 10008 Road 43, Mancos, CO, consisting of 32 acres permitted envelope, more or less, located, north of Hwy 160, situated in Section 23, Township 36N, Range 13W, N.M.P.M.

Planning Director, Haley along with Assistant, Duncan presented for signatures of a Mylar for a Single Lot Development and AR10-34 & AR35+ Rezoning Application submitted by Dwight Chamberlain; agent: Keenen Lovett, on property located at TBD Road G, Cortez, CO, consisting of 65 acres, more or less, located west of Road 21, north of Road G, situated in Section 1, Township 35N, Range 17W, N.M.P.M

PUBLIC COMMENT: Public comment was made by James R. Myers.

ROAD & BRIDGE DEPARTMENT: Road Superintendent, Rob Englehart met with the Commissioners to give an update.  Topics discussed included; the proposed Road 25 and Highway 184 intersection design and build project, the proposed 2025 single layer chip overlay for asphalt maintenance projects, and a proposed purchase of a new boom truck.  (See attached)

UNFINISHED BUSINESS:

PUBLIC HEALTH: From the Public Health Department, Mallorye Bane the Montelores Nurse-Family Partnership Program Nurse Supervisor met with the Commissioners to present the Montezuma County Grant Application Submission Form for the Colorado Department of Early Childhood (CDEC), Montelores Nurse Family Partnership Program Grant, in the amount of $470,000.00.  Commissioner Koppenhafer moved to approve the Montezuma County Grant application submission form for the, Montelores Nurse Family Partnership Grant, through the Colorado Department of Early Childhood, in the amount of $470,000.00, with no match. Second by Commissioner Lindsay and carried.  (See attached) 

EMERGENCY MANAGEMENT: Emergency Manager, Jim Spratlen met with the Commissioners to present the Secure Rural Schools (SRS) Grant Funding Quotes for the purchase of communication equipment.  Quotes were received from, Triple C Communications, Two-Way Communications, Digitcom Electronics and Motorola Solutions. It was the recommendation of Manager Spratlen to accept the Triple C Communications quote.  Commissioner Lindsay moved to accept the bid from Triple C, for communications equipment in the amount of $45,354.00.  Second by Commissioner Koppenhafer and carried.  (See attached)

CONTRACT / LEASE: Administrator Anderson presented for approval, the proposed three year Race Track Lease between Montezuma County and Brace Motorsports Inc. Commissioner Koppenhafer moved to approve the Race Track lease between Montezuma County and Glen Brace, Brace Motorsports LLC., for a 3 year period of time, starting in 2025, in the amount of $15,000.00 per year.  Second by Commissioner Lindsay and carried. (See attached) 

NEW BUSINESS:

LIQUOR LICENSE:  Deputy Clerk, Jerri Frizzell, presented for approval, a Retail Liquor License Renewal Application for Triple H&J Inc DBA Smitty’s Liquors, located at 10255 Hwy 491, Cortez CO.  Commissioner Lindsay moved to table the application for Triple H&J Inc., DBA Smitty’s Liquors.  Second by Commissioner Koppenhafer and carried.  (See attached)

LIQUOR LICENSE: Deputy Clerk, Frizzell, presented for approval, a retail liquor license renewal application for Paragon Business Investments, LLC, DBA Hilltop Liquors, located at 27963 Hwy. 184, Dolores, Co. 81328.  Commissioner Koppenhafer moved to approve a retail liquor license renewal application for Paragon Business Investments, doing business as Hilltop Liquors, at 27963 Hwy 184, Dolores.  Second by Commissioner Lindsay and carried.  (See attached)

LIQUOR LICENSE: Deputy Clerk, Frizzell presented for approval, a retail liquor license renewal application for, Bubba J’S. LLC, DBA Bubba’s, located at 18806 Hwy 491, Lewis, Co.  Commissioner Koppenhafer moved to approve the retail liquor license renewal application for Bubba J’s LLC, doing business as Bubba’s, at 18806 Hwy 491 Lewis, Co.  Second by Commissioner Lindsay and carried.  (See attached)

COUNTY ATTORNEY REPORT: Attorney Tarnowski discussed a 2008 oil and gas tax case, the Ironwood property litigation, the death case that occurred at the Jail, litigation from the former Weed Department Director, a scheduled unemployment appeal hearing, a scheduled panel discussion with law students and the child support docket.

COUNTY ADMINSTRATOR REPORT: Administrator Anderson discussed staff corrections to funding issues that relate to the JBBS Grant, Federal Aide funded grants, a meeting with T-Mobile related to Disaster Emergency Communications, Departmental financial adjustments and the CCI legislative Steering Committee meeting.

COUNTY CLERK & RECORDER: County Clerk, Kim Percell discussed the attended Colorado County Clerk‘s Association (CCCA) Winter Conference. 

COUNTY COMMISSIONER REPORT: Topics within the Commissioners reports included:

Commissioner Koppenhafer reported on the attended Colorado Water Congress meeting.

Commissioner Lindsay reported on the attended Cortez City Council and the virtual Region 9 meetings.

Commissioner Candelaria reported on the attended CCI legislative meeting and the virtual Housing Authority meeting.  

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

CORRESPONDENCE: The following correspondence was read and noted:

ADJOURNED: 10:50 am

____________________________                            ____________________________

Deputy Clerk        February 3, 2025                           Chairman