BOCC Minutes June 4 2024

PROCEEDINGS OF THE BOARD OF COMMISSIONERS

MONTEZUMA COUNTY, COLORADO

June 4, 2024

STATE OF COLORADO           )

                                                     ) ss.

COUNTY OF MONTEZUMA   )

At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday June 4, 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 June 4, 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, May 21, 2024 and also the proceedings for the Board of County Commissioner of Montezuma County for May 23, 2024 as presented.  Motion was seconded by Commissioner Lindsay and carried.

PUBLIC HEARING: It being the time set aside a rescheduled public hearing is held for review and determination regarding a proposed 3 Lot Minor Subdivision and AR10-34 Rezoning Application, submitted by Margaret Johnson Gaddis Estate; agent: Keenen Lovett, on property located at 40752 Road J, Mancos, CO, consisting of 69 acres, more or less, located east of Road 39, south of Road J, situated in Section 32, Township 36N, Range 13W, N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.  Agent, Lovett 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 3 Lot Minor Subdivision and AR10-34 Rezoning Application, submitted by Margaret Johnson Gaddis Estate; on property located at 40752 Road J, Mancos, CO, consisting of 69 acres.  Second by Commissioner Lindsay 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 review and determination regarding a proposed High Impact Permit Amendment Application to High Impact Permit #622, submitted by Empire Electric Association, Inc; agent: Christopher Snyder, on property located at 23999 Road L.4, Cortez, CO, consisting of 36.98 acres, more or less, all located north of Road L, west of Hwy 491, situated in Section 16, T.36N, R.16W, N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.   Commissioner Lindsay recused himself from the proceedings.  Agent, Snyder 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 High Impact Permit Amendment Application to High Impact Permit #622, submitted by Empire Electric Association, Inc; agent: Christopher Snyder, on property located at 23999 Road L.4, Cortez, consisting of 36.98 acres.  Second by Commissioner Candelaria 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 review and determination of a proposed Subdivision & AR3-9 Rezoning Application, submitted by Harvey & Sharon Hackett and Ted & Shauna Gray, on property located at TBD Road H, Cortez, CO, consisting of 41.32 acres, more or less, located south of Road H, east of Road 27, situated in Section 4 Township 35N, Range 15W, N.M.P.M..  The roll was called, the public notice read, and the proceedings were recorded for the record.  Mr. Hackett 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 Warren Gaspar.  Hearing no further public comment that portion of the hearing was closed.  After hearing all the evidence presented Commissioner Lindsay moved to approve the proposed Subdivision & AR3-9 Rezoning Application, submitted by Harvey & Sharon Hackett and Ted & Shauna Gray, on property located at TBD Road H, Cortez, CO.  Second by Commissioner Koppenhafer and carried.  Commissioner Candelaria closed the hearing at this time.  (See attached)

PLANNING: Director, Don Haley along with Assistant, Jane S. Duncan presented for signatures of a High Impact Permit & Special Use Permit, submitted by Northwest Pipeline, LLC, agent: Stephan Knubel, on property located at 24970 Road 18, Pleasant View, CO, consisting of 11.88 acres, more or less, located south of Road BB, east of Road 18, situated in Section 10 Township 38N, Range 17W, N.M.P.M.

Director, Haley along with Assistant Duncan presented for signatures of a Variance submitted by Montezuma Water Company, on property located at 27666 Road T, Dolores, CO, consisting of 12.17 acres, more or less, located south of Road T, east of Hwy 145, situated in Section 19, Township 37N, Range 15W, N.M.P.M.

Director, Haley along with Assistant Duncan presented for signatures of a Mylar for a 2 Lot Moderate Subdivision submitted by Andrew & Danyell Lahmann, on property located at 17593 Hwy 145, Dolores, CO, consisting of 16.93 acres, more or less, located east of Hwy 184, north of Hwy 145, situated in Section 17, Township 37N, Range 15W, N.M.P.M.

PUBLIC COMMENT: Public comment was made by Lori York, Susan Kemnetz Carolyn Lucas, Melani Filener, Paulette Gasner and Allen Maez.

UNFINISHED BUSINESS:

The Montezuma County Clerk & Recorder, Kim Percell presented a proposed Intergovernmental Agreement (IGA) between Montezuma County and the Montezuma County Clerk & Recorder related to the County question that will be included on the 2024 November General Election ballot.  Commissioner Koppenhafer moved to approve the Intergovernmental Agreement and appoint Travis Anderson as the designated Election official.  Second by Commissioner Lindsay and carried.  (See attached) 

DISCUSSION: The discussion related to the Dan Hoch non-compliant A/R property on Road Lwas tabled to another time.

GRANT DISCUSSIONS: Robert Dobry, County Grant Coordinator, met with the Commissioners to discuss the following Montezuma County Grant Applications:

The Montezuma County Sheriff’s Office (BJA) Bureau of Justice Assistance Bulletproof Vest Partnership Program, in the total amount of $14,220.00 with matching funds $7,110.00.  Commissioner Lindsay moved to approve the BJA Bulletproof Vest Partnership Program grant application, in the amount of $14,220.00.  Second by Commissioner Lindsay and carried.  (See attached) 

The Montezuma County Sheriff’s Office Colorado Judicial Department, 24/25 Court Security Cash Fund Grant Award in the amount of $65,000.  Commissioner Koppenhafer moved to sign the 2024 – 2025 Court Security Cash Fund Grant Award of $65,000.  Second by Commissioner Lindsay and carried.  (See attached) 

The Montezuma County Coroner’s, CDPHE Overdose Data in Action 2024-2025 grant, in the amount up to $45,000.00.  Commissioner Lindsay moved to approve the CDPHE Colorado Department of Public Health and Environment, Overdose Data in Action 2024-2025 grant application, in the amount up to $45,000.00.  The motion was seconded by Commissioner Koppenhafer and carried.  (See attached)

The Montezuma County Public Health Department and (CDPHE) Colorado Department of Public Health and Environment, Office of Public Health Practice, Planning and Local Partnership grant application, in the mount of $203,630.00.  Commissioner Koppenhafer moved to approve the CDPHE Office of Public Health Practice, Planning and Local Partnership grant application submission form, in the amount of $203,630.00.  Second by Commissioner Lindsay and carried.  (See attached)

The Montezuma County Public Health Department 2024 & 2025 (OEPR) Office of Emergency Response and Preparedness grant in the amount of $52,944.00.  Commissioner Lindsay moved to authorize the Chairman to sign the OEPR grant 24-25, Department of Public Health and Environment. Second by Commissioner Koppenhafer and carried.  (See attached)

COUNTY ATTORNEY REPORT: County Attorney, Ian MacLaren gave an update on the Ironwood case, discussed the Leaf Properties complaint, and reported that the County Attorney Conference was scheduled next week.

ADMINISTRATOR REPORT: County Administrator, Travis Anderson discussed the attended CCI Conference, HB21-1110 and a break out session related to work force.

COUNTY COMMISSIONER REPORT: Topics within the Commissioners reports included:

Commissioner Koppenhafer discussed the attended CCI Conference, networking with the other Colorado Commissioners the scheduled Ute Mountain Rodeo and the Shoshone hydroelectric power plant water rights.

Commissioner Lindsay discussed the attended CCI Conference, new tax laws, Amendment 50 and the possible Amendment 108, the attended Legion Memorial Day breakfast and a letter received from the Nick Fergis, and the Interstellar Alliance Social Experiment Group.

Commissioner Candelaria: discussed the attended CCI Conference, the attended Western District meeting, the National Monument, a BLM presentation and orphan property lots, new tax laws, Amendment 50 and the possible Amendment 108.

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

CORRESPONDENCE: The following correspondence was read and noted: letter from the Nick Fergis, and the Interstellar Alliance Social Experiment Group.

MEETING ADJOURNED:  10:11 a.m.

_____________________________                          ____________________________

Clerk                     June 4, 2024                                  Chairman