BOCC Minutes July 9 2024

PROCEEDINGS OF THE BOARD OF COMMISSIONERS

MONTEZUMA COUNTY, COLORADO

July 9, 2024

STATE OF COLORADO           )

                                                     ) ss.

COUNTY OF MONTEZUMA   )

At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday July 9, 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 9, 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 2, 2024 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 regarding a proposed Subdivision Amendment Application to Lot 1 of the Ireland Subdivision and AR3-9 Rezoning submitted by Braden Jones, on property located at 38511 Road H, Mancos, CO, consisting of 20.41 acres, more or less, located east of Hwy 160, north of Road H, situated in Section 36, Township 36N, Range 14W, N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.  Mr. Jones 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.  Public comment was made by Erick Ireland.  Hearing no further public comment that portion of the hearing was closed.  After hearing all the evidence presented Commissioner Lindsay moved to accept the proposed Subdivision Amendment Application to Lot 1 of the Ireland Subdivision and AR3-9 Rezoning submitted by Braden Jones, on property located at 38511 Road H, Mancos.  Second by Commissioner Koppenhafer and carried.  Commissioner Candelaria closed the hearing at this time.  (See attached)

PLANNING: Director, Don Haley along with Assistant, S. Jane Duncan presented for signatures, a Mylar for a Subdivision Amendment of Lot B of the Wyatt West Ranch Subdivision & Boundary Line Adjustment, submitted by C&G Slice of Life, LLC, on property located at 13968 Road 42, Mancos, CO, consisting of 28 acres, more or less, and Johnny & Machelle Stinson, on property located at 13750 Road 42, Mancos, CO, consisting of 62 acres, more or less, both located north of Hwy 160 and west of Road 42, situated in Section 2, Township 36N, Range 13W, N.M.P.M

PUBLIC HEARING: It being the time set aside a public hearing is held for review and determination regarding a proposed 2 Lot Moderate Subdivision & AR3-9 Rezoning Application, submitted by David Kimble & Falena Hunter, on property located at TBD Road H, Cortez, CO, consisting of 14.72 acres, more or less, located south of Road H, east of Road 25, situated in Section 2 Township 35N, Range 16W, N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.  Mr. Kimble 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 the evidence presented Commissioner Koppenhafer moved to approve the 2 Lot Moderate Subdivision & AR3-9 Rezoning Application, submitted by David Kimble & Falena Hunter, on property located at TBD Road H, Cortez, CO, consisting of 14.72 acres, more or less.  Seconded by Commissioner Lindsay and carried. Commissioner Candelaria closed the hearing at this time.  (See attached)

ADMINISTRATOR REPORT: County Administrator, Travis Anderson mentioned administrative functions and budget discussions. 

COUNTY CLERK & RECORDER: County Clerk, Kim Percell discussed the recently held June Primary and a statutory recount for the HD58 Republican Candidates race.

PUBLIC HEARING: It being the time set aside a public hearing is held for review and determination regarding a proposed High Impact Permit Application, 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.  The roll was called, the public notice read, and the proceedings were recorded for the record.  Agent, Bowman 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 the evidence presented Commissioner Lindsay moved to accept the proposed High Impact Permit Application, submitted by Montezuma Water Company; agent: Steve Bowman, on property located at 27666 Road T, Dolores.  Second by Commissioner Koppenhafer and carried.  Commissioner Candelaria closed the hearing at this time.  (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 III.  Commissioner Lindsay moved to accept the bid from Winair Company, in the amount of $6394.28, plus the addition of the rental of a crane.  Second by Commissioner Koppenhafer and carried.  (See attached)   

DISCUSSION: During the Monday Workshop Road & Bridge Equipment Manager, Shane Higman presented the 2024 vehicles for sale list. The vehicles will be listed on the https://www.publicsurplus.com  and will be available for purchase. 

PUBLIC HEARING: It being the time set aside a public hearing is held for review and determination regarding a proposed Subdivision Amendment and AR3-9 Rezoning Application to Lots 3 & 4 of the Lost Canyon Estates Subdivision, submitted by Chris Robertson & Joanie Allencastre; agent: Bill Stanley, on properties located at 30076 & TBD Road S.6, Dolores, CO, consisting of 0.32 acres, more or less & 0.56 acres, more or less, both located east of Hwy 184, south of Road S.6, 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, Stanley 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 the evidence presented Commissioner Koppenhafer moved to approve the proposed Subdivision Amendment and AR3-9 Rezoning Application to Lots 3 & 4 of the Lost Canyon Estates Subdivision, submitted by Chris Robertson & Joanie Allencastre; agent: Bill Stanley, on properties located at 30076 & TBD Road S.6, Dolores.  Second by Commissioner Lindsay and carried.  Commissioner Candelaria closed the hearing at this time.  (See attached)

DISCUSSION: Administrator Anderson gave an overview of the discussion held during the Monday workshop related to the (PAB) Private Activity Bond Allocation.  No formal action was taken at this time.  (See attached)

DISCUSSION: During the Monday Workshop Road Superintendent, Rob Englehart presented for approval, the Challenge Cost Share Agreement between Montezuma, County of, and the USDA Forest Service San Juan National Forest, related to the Ormiston and Beaver Rim gravel pits.  Commissioner Koppenhafer moved to approve Forest Service Agreement #24-CS-11021300-029, Challenge Cost Share Agreement between Montezuma, County and the USDA Forest Service, for the Ormiston Point pit and the Beaver Rim gravel pit, aggregate crushing.  Second by Commissioner Lindsay 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 Lindsay moved to continue the Public Hearing to July 23, 2024, at 9:15 a.m.  Second by Commissioner Koppenhafer and carried.  (See attached)

PUBLIC HEARING: No public hearing was held. The application of a proposed High Impact/Special Use Permit Application for a proposed Organic Biochar Facility, submitted by Palaterra-USA, LLC; agent: Rolfe Schwenninger, located at 27930 & 27736 Road T, Dolores, CO, consisting of 19.62 & 45.48 acres respectively, more or less, located west of Hwy 145, south of Road T, situated in Section 19, Township 37N, Range 15W, N.M.P.M. was WITHDRAWN by the applicant.  (See attached)

PUBLIC COMMENT: Public comment was made by Roy Gettier, Dean Valdez, Ingrid Ward, Melisa Valdez, Julia Anderson, Ty Koppenhafer, Colleen Edwards, and Sheila Wheeler.

COUNTY ATTORNEY REPORT: County Attorney, Ian MacLaren discussed the JBBS grant with a modification to the data agreement and gave an update on the Leaf Properties lawsuit.  

COUNTY COMMISSIONER REPORT: Topics within the Commissioners reports included:

Commissioner Lindsay discussed the July 4^th holiday and the scheduled Cortez City Council meeting.

Commissioner Koppenhafer discussed constituent phone calls related to the Weed Program.

Commissioner Candelaria: discussed property owner land stewardship, budget presentations, gave an overview of the Monday Workshop, and the attended Dolores Trustee Meeting, then discussed the Commissioner’s responsibilities to follow Colorado Statute.

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

CORRESPONDENCE: The following correspondence was read and noted: Proposed 2024 Road Map Changes, the June 2024 Montezuma County Office of Emergency Management Monthly Situation Report.

MEETING ADJOURNED:  10:31 a.m.

_____________________________                          ____________________________

Clerk                     July 9, 2024                                   Chairman