BOCC Minutes July 23 2024

PROCEEDINGS OF THE BOARD OF COMMISSIONERS

MONTEZUMA COUNTY, COLORADO

July 23, 2024

STATE OF COLORADO           )

                                                     ) ss.

COUNTY OF MONTEZUMA   )

At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday July 23, 2024 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 July 23, 2024 with the Pledge of Allegiance

MINUTES: Commissioner Koppenhafer moved to approve the Proceedings of the Board of County Commissioners of Montezuma County, for Tuesday, July 9, 2024 as presented.  Motion was seconded by Commissioner Lindsay and carried.

PUBLIC HEARING: The public hearing scheduled for review and determination of a proposed Subdivision Amendment & AR3-9 Rezoning Application to Lot #1 of Clarence Williams 2 Lot Minor Subdivision submitted by Robert Williams; agent: Darryl Dempsey, on property located at 24499 Road G.1, Cortez, CO, consisting of 21.54 acres, more or less, located east of Hwy 160/491, north of Road G, situated in Section 3, Township 35N, Range 16W, N.M.P.M., was re-noticed and scheduled for July 30, 2024.  

 PLANNING: Director, Don Haley along with Assistant, S. Jane Duncan presented for discussion and approval of a Zoning Variance Application, submitted by Bill F. Ragland & Sons, on property located at TBD Hwy 184, Dolores, CO, consisting of 156.99 acres, more or less, located south of Hwy 184 and east of Road 23.5, situated in Section 3, Township 37N, Range 16W, N.M.P.M., and Stoner Top, Inc., on property located at 23966 Hwy 184, Dolores, CO, consisting of 15.68 acres, more or less, located south of Hwy 184 and east of Road 23.5, situated in Section 9, Township 37N, Range 16W, N.M.P.M.  Mr. Ragland was present.  Commissioner Lindsay moved to postpone this for one week from today, at 9:20 a.m.  Second by Commissioner Koppenhafer and carried.  (Tabled to July 30, 2024 at 9:20 am)  (See attached)

PLANNING: Director, Haley along with Assistant, Duncan presented for discussion and approval of a Boundary Line Adjustment Application, submitted by Bill F. Ragland & Sons, on property located at TBD Hwy 184, Dolores, CO, consisting of 156.99 acres, more or less, located south of Hwy 184 and east of Road 23.5, situated in Section 3, Township 37N, Range 16W, N.M.P.M., and Stoner Top, Inc., on property located at 23966 Hwy 184, Dolores, CO, consisting of 15.68 acres, more or less, located south of Hwy 184 and east of Road 23.5, situated in Section 9, Township 37N, Range 16W, N.M.P.M.  Tabled to the July 30^th meeting.  (See attached)   

PLANNING: Director, Haley along with Assistant, Duncan presented for discussion and approval of a Setback Variance Application, submitted by Barbara Benavidez, LeAnn Siglin & Kenneth Gallegos, on property located at 14852 Road 29, Dolores, CO, consisting of 11.84 acres, more or less, located south of Road 29, west of Road 29.75, situated in Section 33, Township 37N, Range 15W, N.M.P.M.  Commissioner Lindsay moved to approve the variance application, submitted by Barbara Benavidez, LeAnn Siglin and Kenneth Gallegos, on property located at 14852 Road 29, Dolores.  Second by Commissioner Koppenhafer and carried.  (See attached)

PUBLIC HEARING: It being the time set aside a public hearing is held for review and determination regarding of a proposed 2 Lot Moderate Subdivision & AR3-9 Rezoning Application, submitted by Barbara Benavidez, LeAnn Siglin & Kenneth Gallegos, on property located at 14852 Road 29, Dolores, CO, consisting of 11.84 acres, more or less, located south of Road 29, west of Road 29.75, situated in Section 33, Township 37N, Range 15W, N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.  Ms. Benavidez and Ms. Siglin 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.  Hearing no public comment that portion of the hearing was closed.  After hearing all the evidence presented Commissioner Koppenhafer moved to approve the proposed 2 lot moderate subdivision and AR3-9 rezoning application, submitted by Barbara Benavidez, LeAnn Siglin and Kenneth Gallegos, on property located at 14852 Road 29, Dolores, CO.  Seconded by Commissioner Lindsay and carried. Commissioner Candelaria closed the hearing at this time.  (See attached)

PLANNING: Director, Haley along with Assistant, Duncan presented for signatures of a High Impact Permit, , submitted by Montezuma Water Company; agent: Steve Bowman, on property located at 27666 Road T, Dolores, CO, consisting of 12.17 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.

PLANNING: Director, Haley along with Assistant, Duncan presented for signatures of a Mylar for a 3 Lot Minor Subdivision & AR3-9 Rezoning submitted by Rocky Wilson, on property located at 12880 Road 31, Mancos, CO, consisting of 37.03 acres, more or less, located east of Road 29, north of Hwy 160, situated in Section 10, Township 36N, Range 15W, N.M.P.M

PUBLIC COMMENT: Public comment was made by Mike Lynch, John Godbout, and Allen Maez. 

RESOLUTION: Attorney MacLaren presented the Montezuma County Local Improvement District Resolution #2023-1, (Upper Road 42).  Commissioner Koppenhafer moved to approve the Resolution for the Montezuma County Local Improvement District #2023-1, Upper Road 42, Montezuma County Colorado, local improvement district organized and existing under the constitution and the laws of the State of Colorado.  Second by Commissioner Lindsay and carried. (See attached)

NEW BUSINESS:

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

UNFINISHED BUSINESS:

SPECIAL EVENT LIQUOR LICENSE: Deputy Clerk, Jerri Frizzell presented for approval a Festival Permit application from the Mancos Brewing Company LLC., located at 484 E. Frontage Road Mancos, Co. 81328, for the Mancos Valley Summer Brewfest event.  The event is scheduled for August 17, 2024 from 1:00 p.m. to 9:00 p.m.  Commissioner Koppenhafer moved to approve the Festival Permit application for the Mancos Brewing Company, Brewpub license, at 484 E. Frontage Road Mancos, Co. for August 17, 2024.  Second by Commissioner Lindsay and carried.  (See attached) 

DISCUSSION: The proposed 2024 Secure Rural Schools (SRS) funds distribution in the amount of $218,182.44 was presented for approval.  The 25% school distribution included; Montezuma Cortez Re-1 in the amount of $38,002,79, the Dolores School District Re-4A in the amount of $9573.22 and the Mancos School District Re-6 in the amount of $6969.60.  The remaining 75%, for a total of $163,363.83 will be for Montezuma County.  Commissioner Lindsay moved to distribute the Secure Rural Schools funding as presented.  Second by Commissioner Koppenhafer and carried. (See attached)

APPOINTMENT: Administrator Anderson presented a letter of interest from Kimberly A. Martin to be reappointed to the Lewis Cemetery Board, for a 6 year term.  Commissioner Koppenhafer moved to appoint Kimberly A. Martin back to the Lewis Community Cemetery Board.  Second by Commissioner Lindsay and carried.  (See Attached)

GRANT DISCUSSIONS: Robert Dobry, County Grant Coordinator, met with the Commissioners to discuss the 2024 Election Improvement / Election Security Grant award in the amount of $23,581.92.  Commissioner Lindsay moved to approve the signature of the Election Security Grant.  Second by Commissioner Koppenhafer and carried. (See attached)  

DISCUSSION: During the Monday Workshop Maintenance Supervisor, Dustin Sattler met with the Commissioners to present proposals for the replacement of the HVAC unit at Annex I in the amount of $19,233.84.   Commissioner Lindsay moved to approve the bid from Winair, for the grant amount, for the HVAC at Annex I.  Second by Commissioner Koppenhafer and carried.  (See attached)

COUNTY ATTORNEY REPORT: County Attorney, Ian MacLaren discussed civil cases, the Leaf Properties lawsuit an attended appeals hearing for an unemployment benefits determination and discussed the re-allocation of the (PAB) Private Activity Bonds.  

ADMINISTRATOR REPORT: County Administrator, Travis Anderson discussed 2025 Department budget presentations, educational discussions, meetings related to the CIP program, the SWORD grant funds and scheduled Finance Director Interviews.

PAYABLE EXPENDITURE REPORT: Administrator Anderson presented for approval, the May 2024 Accounts Payable Expenditure Reports in the amount of $4,094,249.75.  (See attached)

PAYABLE EXPENDITURE REPORT: Administrator Anderson presented for approval, the June 2024 Accounts Payable Expenditure Reports in the amount of $4,074,405.41.  Commissioner Lindsay moved to approve the May and June payables for 2024.  Second by Commissioner Koppenhafer and carried.   (See attached)

COUNTY COMMISSIONER REPORT: Topics within the Commissioners reports included:

Commissioner Lindsay discussed the attended Fair Board meeting, the scheduled Pancake Benefit Breakfast for the Hurst Family, appreciation for the Fair Board volunteers, the scheduled Cortez City Council meeting and the scheduled Region 9 meeting.

Commissioner Koppenhafer discussed the attended Town of Mancos meeting, an update on the new Marshalls’ office, the scheduled Mancos Days event and the scheduled County Sales Tax discussion to be held at the Mancos Library.

Commissioner Candelaria: discussed the attended NACO conference, a scheduled Biochar facility tour, the attended quarterly Tri-City Board to Board meeting, constituent discussions, and the attended Dolores Trustee Meeting. 

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

CORRESPONDENCE: The following correspondence was read and noted: Emails from Ingrid Ward.  (See attached)

MEETING ADJOURNED:  10:14 a.m.

_____________________________                          ____________________________

Clerk                     July 23, 2024                                 Chairman