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BOCC Minutes March 12 2024

PROCEEDINGS OF THE BOARD OF COMMISSIONERS

MONTEZUMA COUNTY, COLORADO

March 5, 2024

 

 

 

STATE OF COLORADO           )

                                                     ) ss.

COUNTY OF MONTEZUMA   )

 

 

 

At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday March 5, 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 March 5, 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, February 27, 2024 as presented.  Motion was seconded by Commissioner Lindsay and carried.

 

PUBLIC HEARING: It being the time set aside a public hearing is held and determination regarding a proposed 2 Lot Minor Subdivision and AR3-9 & AR10-34 Rezoning Application submitted by Braden Jones; agent: Erick Ireland, on property located at 38511 Road H, Mancos, CO, consisting of 26.29 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.  Agent, Ireland 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 Wesley Rivera and Donette Dillen.  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 2 Lot Minor Subdivision and AR3-9 & AR10-34 Rezoning Application submitted by Braden Jones; agent: Erick Ireland, on property located at 38511 Road H, Mancos.  Second by Commissioner Koppenhafer 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 for review and determination regarding a proposed 2 Lot Minor Subdivision and AR3-9 & AR10-34 Rezoning Application submitted by Melanie Filener, on property located at 21439 Road U, Cortez, CO, consisting of 26.52 acres, more or less, located east of Hwy 491, north of Road U, situated in Section 7, Township 37N, Range 16W, N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.  Ms. Filener 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 a proposed 2 Lot Minor Subdivision and AR3-9 & AR10-34 Rezoning Application submitted by Melanie Filener, on property located at 21439 Road U, Cortez, CO.  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 for review and determination regarding a proposed 7 Lot Major Subdivision and AR3-9 Rezoning Application submitted by Charles & Laurie Hall, on property located at 13136 Road 32, Mancos, CO, consisting of 36.80 acres, more or less, located east of Road 32, south of Road P, situated in Section 1, Township 36N, Range 15W, N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.  Mr. and Mrs. Hall 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 Lindsay moved to accept the proposed 7 Lot Major Subdivision and AR3-9 Rezoning Application submitted by Charles & Laurie Hall, on property located at 13136 Road 32, Mancos.  Second by Commissioner Koppenhafer 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 for review and determination regarding a proposed 2 Lot Minor Subdivision and AR3-9 & AR10-34 Rezoning Application submitted by Bernhard Hafner, on property located at 19082 Road W, Lewis, CO, consisting of 36.10 acres, more or less, located east of Road 19, south of Road W, situated in Section 2, Township 37N, Range 17W, N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.  Mr. Hafner was not 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 accept the proposed 2 Lot Minor Subdivision and AR3-9 & AR10-34 Rezoning Application submitted by Bernhard Hafner, on property located at 19082 Road W, Lewis, CO.  Second by Commissioner Lindsay and carried.  Commissioner Candelaria closed the hearing at this time.  (See attached)

 

PLANNING: Planning Director, Don Haley along with Assistant, S. Jane Duncan presented for signatures of a Mylar for a First Amendment to the Exemption Resolution #P-47-79, submitted by Barbara Benavides, on property located at 14852 Road 29, Dolores, CO, consisting of 3.20 acres, more or less, and on property located at 14892 Road 29, Dolores, CO, consisting of 15.63 acres, more or less, both located south of Road 29, west of Road 29.75, situated in Section 33, Township 37N, Range 15W, N.M.P.M.

 

Planning Director, Haley along with Assistant, Duncan presented for signatures of a Mylar for a 5 Lot Moderate Subdivision and Rezoning, submitted by Mark Lowe Investments, LLC, on property located at TBD Road 32, Mancos, CO, consisting of 35.23 acres, more or less, located south of Road P, east of Road 32, situated in Section 1, T.36N, R.15W, N.M.P.M.

 

Planning Director, Haley along with Assistant, Duncan presented for signatures of a Mylar & documentation for an Exemption, submitted by Brandon Sloan and Marsh Ann Hindmarsh; agent: Josh Boren, on property located at 28502 Road W, Dolores, CO, consisting of 381.53 acres, more or less, located north of Hwy 145, situated in Section 4, Township 36N, Range 15W, N.M.P.M.

 

Planning Director, Haley along with Assistant, Duncan presented for signatures of a Mylar for a Boundary Line Adjustment, submitted by Ute Mountain Ute Tribe; agent: Heather McDaniel with Horrocks Engineering, on property located at 158 Hwy 160-491, Cortez, CO consisting of 1.91 acres, more or less, and Ute Mountain Ute Tribe; agent: Heather McDaniel with Horrocks Engineering, on property located at 190 Hwy 160-491, Cortez, CO consisting of 13 acres, more or less located south of Road A, east of Hwy 160-491, situated in Section 12, Township 34N, Range 17W, N.M.P.M.

 

PUBLIC COMMENT: Public comment was made by Mike Lynch.

 

UNFINISHED BUSINESS

DISCUSSION: A redrafted Memorandum of Understanding between the Montezuma County Fair Board, and the Board of Governors of the Colorado State University System, for the Montezuma County CSU Extension Office was presented for approval.  Commissioner Koppenhafer moved to approve the Memorandum of Understanding between the Montezuma County Fair Board, and Colorado State University System.  Second by Commissioner Lindsay and carried. (See attached)

 

NEW BUSINESS:

LIQUOR LICENSE: Deputy Clerk, Jerri Frizzell presented a liquor license renewal application for the Mancos Brewing Company LLC., located at 484 East Frontage Road, Mancos, CO., 81328.  Commissioner Lindsay moved to approve the liquor license renewal application for Mancos Brewing Company LLC., located at 484 East Frontage Road, Mancos, CO., 81328.  Second by Commissioner Koppenhafer and carried.  (See attached)

 

DISCUSSION: Landfill Manager, Mel Jarmon met with the Commissioners to discuss the presented Request for Proposal for the Montezuma County Landfill Cell 5 Construction Project.  (See attached)

 

RESOLUTION: Attorney, Ian MacLaren presented for discussion, Resolution #3-2024, a resolution declaring Montezuma County as a Non-Sanctuary County and setting priorities and expectations in response to the immigration influx.  Commissioner Lindsay moved to approve Resolution #3-2024, a resolution declaring Montezuma County as a Non-Sanctuary County and setting priorities and expectations in response to the immigration influx.  Second by Commissioner Koppenhafer and carried (See attached)  

 

DISCUSSION: Administrator Anderson held a discussion, related to the reduction of county services, if the Public Safety Sales Tax Proposal (PSST) does not pass. Administrator Anderson reported that a personnel and budgetary county to county comparison was being prepared.  He also discussed the landfill and CTF Funding.  Commissioner Candelaria discussed, funding for Social Services and per person funding to Public Health, County funds contributed to the County Fair, the number of employees per department, the Noxious Weed Department, departmental hours of operation, insurance rates and the Residential Assessment Rate. (RAR)   Commissioner Lindsay discussed the County priorities of health, safety and welfare, an across the board percentage cut, the impacts of State Legislation and how it relates to our property taxes and Special Districts.  Commissioner Koppenhafer discussed a need to start from the Commissioners budget, working through all of the departments, reviewing expenses and county services that are affordable, proposed legislative jail standards and unfunded state mandates.  (See attached)  

 

COUNTY ATTORNEY REPORT: County Attorney, Ian MacLaren gave updates on the Ironwood Case and the Fair Board complaint.

 

ADMINISTRATOR REPORT: County Administrator, Travis Anderson discussed a meeting attended with the High Desert Conservation District, discussions related to the Public Safety Sales Tax Proposal, an attended meeting with the Fraternal Order of Police and a financial discussion with the Cortez Fire District.  

 

TRANSFER ORDER: Administrator Anderson presented Transfer Order #1-2024 a transfer $370.00 from the Road and Bridge Fund (002) to General Fund (001) to correct a miscoded deposit by the Noxious Weed Department. Commissioner Koppenhafer moved to approve Order #1-2024, a transfer of $370.00 from the Road and Bridge Fund to the General Fund to correct a miscoded deposit by Noxious Weed Department.  Second by Commissioner Lindsay and carried.  (See attached)

 

TRANSFER ORDER: Administrator Anderson presented Transfer Order #2-2024, a transfer $2,715.00 from the Capital Fund (055) to General Fund (001) to correct a miscoded deposit by the Noxious Weed Department.  Commissioner Koppenhafer moved to approve order #2-2024, a transfer of $2,715.00 from the Capital Fund to the General Fund to correct a miscoded deposit by Noxious Weed Department.  Second by Commissioner Lindsay and carried.  (See attached)

 

COUNTY COMMISSIONER REPORT: Topics within the Commissioners reports included:

Commissioner Koppenhafer discussed the Public Safety Sales Tax Proposal meeting with the Fraternal Order of Police, the attended candidate meet and greet, the Adult Aging Association (AAA) meeting, and constituent phone calls. 

Commissioner Lindsay discussed the attended Housing Solutions Board meeting, the attended Cortez City Council meeting, constituent discussions, the Public Safety Sales Tax Proposal and a proposed fee decrease for the Annex EV charger.

Commissioner Candelaria: discussed the attended Montezuma County Housing Authority meeting, the grand opening of the Love’s Travel Center, the Landfill’s Cell 5 Construction Project and the County Comprehensive Plan.

 

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

 

CORRESPONDENCE: The following correspondence was read and noted:  The Monthly Situation Report from Emergency Management and the March, Senior Services and Veteran Services newsletters.  (See attached)

 

 

MEETING ADJOURNED:  10:30 a.m.

 

 

 

_____________________________                           ____________________________

Clerk                     March 5, 2024                               Chairman

 

 

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Chairman
Jim Candelaria (District 1)
Phone: (970) 749-3841
Vice Chairman
Kent Lindsay (District 2)
Phone: (970) 560-1471
Commissioner of Deeds
Gerald Koppenhafer (District 3)
Phone: 970-749-0262
Contact Montezuma County Vice-Chairman, Jim Candelaria  (District 1)
Contact Montezuma County Commissioner Kent Lindsay (District 2)
Contact Montezuma County Commissioner Gerald Koppenhafer (District 3)