PROCEEDINGS OF THE BOARD OF COMMISSIONERS

MONTEZUMA COUNTY, COLORADO

March 28, 2023

STATE OF COLORADO           )

) ss.

COUNTY OF MONTEZUMA   )

At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday March 28, 2023 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 (Absent)

Malinda Fuller, Chief Deputy Clerk

CHAIRMAN CANDELARIA opened the meeting of April 4, 2023 with the Pledge of Allegiance.

MINUTES: Commissioner Koppenhafer moved to accept the Proceedings of the Montezuma County Board of Commissioners, Colorado for Tuesday, March 21, 2023 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 of a proposed presented for review and determination of a proposed Subdivision Amendment Application to the Boren Single Lot Development, submitted by Joshua & Gina Boren, on property located at 15865 Hwy 145, Dolores, CO, consisting of 5.02 acres, more or less, situated in Section 30, Township 37N, Range 15W, N.M.P.M. The roll was called, the public notice read and the proceedings were recorded for the record.  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. Josh and Gina Boren were present. 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 approve the proposed Subdivision Amendment Application to the Boren Single Lot Development, submitted by Joshua & Gina Boren, on property located at 15865 Hwy 145, Dolores, Co. Motion was seconded by Commissioner Koppenhafer and carried.

PUBLIC HEARING: It being the time set aside a public hearing is held for review and determination of an Amendment Application to High Impact Permit #562, submitted by Josh & Gina Boren, on property located at 15865 Hwy 145, Dolores, CO, consisting of 5.02 acres, more or less, situated in Section 30, Township 37N, Range 15W, N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.  Josh and Gina Boren 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. Josh and Gina Boren were present.  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 an Amendment Application to High Impact Permit #562, submitted by Josh & Gina Boren, on property located at 15865 Hwy 145, Dolores, CO, consisting of 5.02 acres, more or less, situated in Section 30, Township 37N, Range 15W, N.M.P.M.  Second by Commissioner Lindsay and carried.

PLANNING: Planning Director, Don Haley along with Assistant, S. Jane Duncan presented for discussion and approval a Boundary Line Adjustment Application submitted by Janice Lyons & Elbert & Donna Colcord, on properties located at 5732 Road 25, Cortez, CO, consisting of 9.98 acres, more or less & 5754 Road 25, Cortez, CO, consisting of 2.32 acres, more or less, both located south of Road F, east of Road 25, situated in Section 14, Township 35N, Range 16W, N.M.P.M.

PLANNING: Planning Director, Don Haley along with Assistant, S. Jane Duncan presented for signatures of a Mylar for an After-The-Fact High Impact/Special Use Permit and Commercial Planned Unit Development, submitted by Stanley Investments, LLC; agent: Blaine Bowers, on property located at 6572 Road 24 #1-5, Cortez, CO, consisting of 2.27 acres, more or less, located south of Road G, east of Hwy 491, situated in Section 10, T.35N., R.16W., N.M.P.M.

PLANNING: Planning Director, Don Haley along with Assistant, S. Jane Duncan presented for signatures of a Mylar for an Amendment to High Impact Permit #HIP-08-2021/Special Use Permit #SUP-12-2021 and Commercial Planned Unit Development submitted by Bright Star; agent: Troy Jaskowski, on property located at 30261 Road H, Cortez, CO, consisting of 11.7 acres, more or less, located south of Hwy 160, east of Road 27, situated in Section 34, T.36N, R.15W, N.M.P.M.

PUBLIC HEARING: It being the time set aside a public hearing is held for review and determination of an Amendment Application to High Impact Permit #562, submitted by Josh & Gina Boren, on property located at 15865 Hwy 145, Dolores, CO, consisting of 5.02 acres, more or less, situated in Section 30, Township 37N, Range 15W, N.M.P.M.

The roll was called, the public notice read, and the proceedings were recorded for the record.  Josh and Gina Boren 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. Josh and Gina Boren were present.  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 an Amendment Application to High Impact Permit #562, submitted by Josh & Gina Boren, on property located at 15865 Hwy 145, Dolores, CO.  Second by Commissioner Lindsay and carried.

PLANNING: Planning Director, Don Haley along with Assistant, S. Jane Duncan presented for discussion and approval a Boundary Line Adjustment Application submitted by Janice Lyons & Elbert & Donna Colcord, on properties located at 5732 Road 25, Cortez, CO, consisting of 9.98 acres, more or less & 5754 Road 25, Cortez, CO, consisting of 2.32 acres, more or less, both located south of Road F, east of Road 25, situated in Section 14, Township 35N, Range 16W, N.M.P.M. Commissioner Lindsay moved to approve the Boundary Line Adjustment Application submitted by Janice Lyons & Elbert & Donna Colcord, on properties located at 5732 Road 25, Cortez, CO.  Motion seconded by Commissioner Koppenhafer and carried.

PUBLIC HEARING: It being the time set aside a public hearing is held for review and determination of a proposed 2 Lot Moderate Subdivision Application, submitted by Travis & Kacia White, on property located at 38645 Hwy 160, Mancos, CO, consisting of 9.94 acres, more or less, located north of Hwy 160, 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.  Planning Director, Don Haley 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 Lindsey moved to approve the proposed. 2 Lot Moderate Subdivision Application, submitted by Travis & Kacia White, on property located at 38645 Hwy 160, Mancos, CO.  Motion seconded by Commissioner Koppenhafer and carried.

PUBLIC COMMENT:  No comment was heard.

BOARD OF SOCIAL SERVICES MONTHLY REPORT: It being the time set aside, the Board of Social Services was conducted.  Director, Gina Montoya and Finance Officer, Lori Higgins were present.  Commissioner Lindsey moved to approve the minutes of the regular session of the Board of County Commissioners acting as Board of Social Services on Tuesday Feb 24, 2023.  Motion seconded by Commissioner Koppenhafer and carried.  Commissioner Lindsay moved to accept the financials from the Department of Social Services in the amount of   $2,118,425.15.  Motion seconded by Commissioner Koppenhafer and carried.  (See attached)

VETERANS SERVICE: Veteran Service Officer, Frank LoBue met with the Commissioners to give a monthly report.  A copy of the Colorado Department of Military and Veterans Affairs, County Veterans Service Officers Monthly Report and Certification of Pay, February 2023 was presented for the record.  Other topics discussed included; the February 2023 financial report, a review of office activities, statistical data and the indirect income to Montezuma County.  (See attached).

MONTEZUMA COUNTY PUBLIC TRANSPORTATION (MCCO): MCCO Manager, Jennifer Morris met with the Commissioners to give a monthly report. Topics discussed included: number of rides in February 2023, Admin and Operating Grant, staff, wrapping busses and Public Outreach.

UNFINISHED BUSINESS:

DISCUSSION:

DISCUSSION: A discussion was held regarding the Heritage Museum Lease.

DISCUSSION: A discussion was held regarding the renewal of the Cost Allocation Plan. Commissioner Lindsey moved to enter into the Master Engagement Agreement By and Between MGT of America Consulting, LLC and Montezuma County Board of Commissioners. Second by Commissioner Koppenhafer and carried.

DISCUSSION: A discussion was held regarding the DCJ Opiate Investigation and Distribution Grant 2023-FD-23-33. Commissioner Lindsay moved to sign the agreement DCJ Opiate Investigation and Distribution Grant of 2023-FD-23-33 in the amount of $178,588.00.  Motion seconded by Commissioner Koppenhafer and carried

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DISCUSSION: A discussion was held regarding the Peace Officer Counseling Support Grant #23-536. Commissioner Koppenhafer move to sign the Montezuma County Sheriff Peace Officer Counseling Support Grant #23-536 in the amount of $25,000.00 for the years 2023 thru 2024.  Motion was seconded by Commissioner Lindsay and carried.

DISCUSSION: A discussion was held relating to the Energy Impact Grant.  Commissioner Lindsay moved to sign the application for the Energy Impact Grant for Fiscal Year 2023 Cycle 23-07 EIAF Tier I/Tier II Funding Application. It’s in the amount of $302,788 for the main building $115,033 for the shop. Total amount is $417,811.00.  Motion seconded by Commissioner Koppenhafer and carried.

DISCUSSION: A discussion was held regarding the Heritage Museum Lease.  Commissioner Koppenhafer moved to sign the Lease between Montezuma County and the Historical Society at 35 S Chestnut St.  Commissioner Lindsay seconded and the motion was carried.

DISCUSSION: Heritage Museum Director, Jeff Brown met with the Commissioners to request a Letter of Support. Commissioner Lindsay moved to sign a Letter of Support for the Museum Heritage Center directed to Region 9 Board of Directors State of Colorado Office of Economic Development. Motion was seconded by Commissioner Koppenhafer and carried.

DISCUSSION: A discussion was held relating to the Race Track Lease.  Commissioner Koppenhafer moved to sign the lease between Montezuma and Julian Garcia as a tenant of the Montezuma County Racetrack at the Fairgrounds.  Second by Commissioner Lindsay and carried.

DISCUSSION: A discussion was held regarding the CDPHE Certification of Carver Field.  Commissioner Lindsay moved to sign the Certification between CDPHE Covenant number RSNOT12 for the Carver Landfill.  Motion seconded by Commissioner Koppenhafer and carried.

NEW BUSINESS:

SPECIAL EVENT LIQUOR LICENSE: Deputy Clerk, Jerri Frizzell presented for approval a Special Event liquor license application for National Rifle Association.  The event is scheduled to be held at the County Fairgrounds on April 2, 2023 from 5:00 p.m. to 11:00 p.m.  Commissioner Lindsay moved to approve the application for a Special Events permit to be held at 30100 Hwy 160 Cortez Co. Motion was seconded by Commissioner Koppenhafer and carried. (See attached)

SPECIAL EVENT LIQUOR LICENSE: Deputy Clerk, Jerri Frizzell presented for approval a Special Event liquor license application for Community Connections.  The event is scheduled to be held at the County Fairgrounds on May 5, 2023 from 5:30 p.m. to 10:30 p.m.  Commissioner Koppenhafer moved to approve the application for a Special Events permit for malt liquor at Montezuma County Fairgrounds for Community Connections 30100 Hwy 160 Cortez Co.  Seconded by Commissioner Lindsay and carried. (See attached)

EMERGENCY MANAGEMENT:  Emergency Manager, Jim Spratlen presented to the Commissioners for review and approval a Letter of Support pertaining to the E.R. Lamb building. Commissioner Lindsay moved to sign the Letter of Support for the Cortez Cultural Center to prepare an architectural drawing for the E.R. Lamb building. Motion was seconded by Commissioner Koppenhafer and carried.

EMERGENCY MANAGEMENT:  Emergency Manager, Jim Spratlen met with the Commissioner and gave a monthly update. Topics included; CWPP meeting, Carbon Stock, Emergency Evacuation Route, Slash at the Landfill, Transportation Alternative Grant.

COUNTY ATTORNEY REPORT: County Attorney, Ian MacLaren did not have anything to report.

ADMINISTRATOR REPORT: County Administrator, Travis Anderson gave a weekly report.  Topics discussed included; meeting with Laura Struther, Colorado Department of Human Recourses regarding fill the Director of Social Services position., Veteran Service Center, 2024 Budget Guidelines, spending Saturday out looking at potential issues within the county and a proposed flea market on Sundays at the fairgrounds.

COUNTY COMMISSIONER REPORT: Topics discussed within the Commissioners reports included: Commissioner Koppenhafer discussed Wolf Reintroduction meeting with the U.S. Department of Fish and Wildlife and Representative Bobert, NEPA project and Water Conversation Projects and phone calls concerning road damage. Commissioner Lindsey reported checking roads and attending the City Council meeting, Presentation from Empire Electric, and meeting with the municipalities and the Ute Mountain Ute Tribe in Towaoc. Commissioner Candelaria discussed Montezuma Water Supply, Montezuma County Housing Authority meeting, Calkins Commons and East Montezuma Housing Project, District Court update, proposal with Southwest Health Systems, Inter Government Agreement and  Dolores meeting, Dolores Community Center.

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

MEETING ADJOURNED: 10:44 a.m.

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Clerk                     March 28, 2023                              Chairman