BOCC Minutes March 11 2025

PROCEEDINGS OF THE BOARD OF COMMISSIONERS

MONTEZUMA COUNTY, COLORADO

March 11, 2025

STATE OF COLORADO           )

                                                     ) ss.

COUNTY OF MONTEZUMA   )

At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday March 11, 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 March 11, 2025 with the Pledge of Allegiance.

AGENDA: Chairman Candelaria requested that two additional Road & Bridge items be added to the Agenda.  Commissioner Lindsay moved to add the two items to the agenda. Second by Commissioner Koppenhafer and carried. 

MINUTES: Commissioner Koppenhafer moved to approve the Proceedings of the Board of County Commissioners of Montezuma County, for Tuesday, February 25, 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 a 10 Lot Major Subdivision & AR3-9 Rezoning Application submitted by Elevated Smoke, LLC, agent: Cole Clark, on property located at 7185 Road 25, Cortez, CO, consisting of 35 acres, more or less, located north of Road G, west of Road 25, situated in Section 3, T.36N, R.16W, N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.  Agent, Clark 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 10 Lot Major Subdivision & AR3-9 Rezoning Application submitted by Elevated Smoke, LLC, agent: Cole Clark, on property located at 7185 Road 25, Cortez, CO.  Second by Commissioner Lindsay 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 of a 2 Lot Minor Subdivision and AR10-34 & AR3-9 Rezoning, submitted by Flame Conley Weinmaster, on property located at 27980 Road T, Dolores, CO, consisting of 35.85 acres, more or less, located south of Road T, west of Hwy 145, situated in Section 19, T.37N, R.15W, N.M.P.M.

Director, Haley along with Assistant Duncan presented for signatures, a Mylar of an Exemption Amendment to RES #P-8-96, Amended, submitted by Frederick Family Living Trust; agent: Jennifer Daves, on property located at 12025 Road BB, Pleasant View, CO, consisting of 20 acres, more or less, and 3-D Farms; agent: Jennifer Daves, on property located at 12225 Road BB, Pleasant View, CO, consisting of 300 acres, more or less, both located north of Road AA, east of Hwy 491, situated in Section 8, Township 38N, Range 17W, N.M.P.M.

Director, Haley along with Assistant, Duncan presented a Mylar of a 2 Lot Minor Subdivision and AR10-34 Rezoning, submitted by Kevin May & Carri Karuhn; agent: Keenen Lovett, on property located at TBD Road S.2, Dolores, CO, consisting of 36.21 acres, more or less, located southwest of Hwy 184, west of Road 30, situated in Section 21, Township 37N, Range 15W, N.M.P.M.

Director, Haley along with Assistant, S. Jane  presented  a Mylar of a Single Lot Development & AR3-9 Rezoning, submitted by Martha Pickens; agent: Kyle Roberts, on property located at 5321 Road 24.5, Cortez, CO, consisting of 60.00 acres, more or less, located north of Road E, west of Road 24.5, situated in Section 15 Township 35N, Range 16W, N.M.P.M

PUBLIC COMMENT: Public comment was made by Allen Maez and Denise Hall

UNFINISHED BUSINESS:

ROAD & BRIDGE: During the Monday Workshop, Road Superintendent, Rob Englehart presented for approval, a proposed purchase of a 2007 Mack Granite CV712 4WD S/A Plow/Sander truck through Roller Auctions and a quote from Asphalt Systems Inc., (ASI) for the County’s chip seal project.  Commissioner Lindsay moved to approve that the head of the Road Department purchase a bucket truck, within his budget.  Second by Commissioner Koppenhafer and carried.  Commissioner Koppenhafer moved to approve the project bid from (ASI) Asphalt Systems Inc., Preservation Products for the oil, for our chip seal, of $1,139.00 per ton for the purchase of 458 tons, for the Montezuma County Road Department.  Second by Commissioner Lindsay and carried.   (See attached) 

LETTER OF SUPPORT: A letter of support, addressed to Congressman Hurd, Senator Bennet and Senator Hickenlooper related to the Dolores Water Shed Collaborative wildfire risk reduction was presented for approval.  Commissioner Koppenhafer moved to approve the letter of support for the Dolores Water Shed Collaborative, to reduce wildfire risk, to continue the $60,000.00 a year in federal funding, through the Farm Bill.  Second by Commissioner Lindsay and carried.  (See attached)

GRANT APPLICATION: The Emergency Operations Center Fairgrounds Grant request was presented by Emergency Manager, Jim Spratlen.  Commissioner Koppenhafer moved to approve the Montezuma County Grant Application Submission Form, for the Office of Emergency Management, through the Congressionally Directed Spending, in the amount of $185,955.00, requested from the grant.  Second by Commissioner Lindsay. (See Attached)

GRANT APPLICATION: Emergency Manager, Spratlen also presented for approval, the Community Animal Response Team Grant application. Commissioner Koppenhafer moved to approve the Montezuma County Grant Application Submission Form for the Community Animal Response Team supplies, through the LOR Foundation, for $5,000.00, with no match.   Second by Commissioner Lindsay.  (See Attached)

GRANT APPLICATION: during the Monday Workshop, the CSU Extension Director, Emily Lockard, presented the proposed Water Wise Educational Gardens Grant application for approval.  Commissioner Koppenhafer moved to approve the Montezuma County Grant Application Submission Form for the CSU Extension, for the Water Wise Education Gardens at the public library, through the LOR Foundation, for $1,725.00, with no match. Second by Commissioner Lindsay and carried. (See Attached)

GRANT APPLICATION: Director, Lockard also presented the proposed 2025 Gardening Classes grant application for approval.  Commissioner Lindsay moved to sign the grant application for the 2025 Gardening Classes, in the amount of $2,030.00. Second by Commissioner Koppenhafer and carried.   (See Attached)

GRANT APPLICATION: County Clerk and Recorder, Kim Percell presented the Electronic Recording Technology Board grant application, for approval. Commissioner Koppenhafer moved to sign the Montezuma County Grant Application Submission Form, for Kim Percell, the County Clerk and Recorder, from the Electronic Recording Technology Board, for reimbursement of $10,924.42.  Second by Commissioner Lindsay. (See Attached)

LETTER: Attorney Tarnowski presented for approval, a letter, addressed to the Colorado Counties Inc., in support of the Amicus Briefing in Colorado Court of Appeals No: 2025CA26.  Commissioner Koppenhafer moved to forward the request for Amicus Briefing, Colorado Court of Appeals No: 2025CA26 for the Colorado Counties Inc. to submit the Amicus Briefing in court of appeals case.  Second by Commissioner Lindsay. (See Attached)

MORATORIUM: With the recommendation from Attorney Tarnowski, Commissioner Lindsay moved to set a Public Hearing, to listen to public input on a proposed moratorium of solar regulations within Montezuma County, for April 1, 2025.  Second by Commissioner Koppenhafer and carried.  (See Attached)

NEW BUSINESS:

SPECIAL EVENT LIQUOR LICENSE: Deputy Clerk, Jerri Frizzell, presented for approval a Special Event liquor license application for the Montezuma County Fair Board, event to be held at the Montezuma County Fairgrounds, 30100 Hwy 160 Cortez Co., scheduled July 25, 2025 through August 2, 2025. The Commissioners agreed to table the application until March 25, 2025, to allow the Fair Board to obtain at least one certified officer along with two other security personnel for the event. 

COUNTY ATTORNEY REPORT: Attorney, Stephen Tarnowski discussed an update on the Sheriff’s sale of the Ironwood Property, the FOP Unionization Election, court appearances for child welfare / support issues, the Dollar Store Land Use case, and working with Planning Director Haley related to Solar development and the creation of variance provisions for the Land Use Code.

COUNTY ADMINSTRATOR REPORT: Administrator, Travis Anderson discussed the trip to Washington DC and the sessions attended.  Sessions attended included; Ag and Rural Affairs, Justice and Public Safety, the Colorado Caucus meeting, the Western Interstate Region, Rural Action Caucus and the Congressional Leaders General Session. 

COUNTY CLERK & RECORDER: County Clerk, Kim Percell had nothing to report.

COUNTY COMMISSIONER REPORT: Topics within the Commissioners reports included:

Commissioner Lindsay reported he will attend the scheduled Cortez City Council meeting, and stated that e-mails received related to Planning & Zoning applications will be referred to the County Clerk and placed in the Public record.  

Commissioner Koppenhafer reported he will attend the scheduled Town of Mancos Board meeting and a scheduled Southwest Water Conservation Board meeting.

Commissioner Candelaria reported on his attendance as a member of the Colorado Delegation on the trip to Washington D.C. and key item discussions with Representative Peterson’s assistant Katie Fuller, Representatives Bennett, Neguse, Crank, Crow, Boebert, Evans and Representative Hurd.  Commissioner Candelaria also reported on the attended Town of Dolores Board meeting.

CORRESPONDENCE: The following correspondence was noted: Workshop reports from the following departments: Landfill, Fairgrounds, Emergency Management, and the CSU Extension. The Senior Services March 2025 newsletter.  E-mails received from Angela Montgomery and Weston Thompson.  (See Attached

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

ADJOURNED: 10:00 am

____________________________                            ____________________________

Clerk        March 11, 2025                                          Chairman