PROCEEDINGS OF THE BOARD OF COMMISSIONERS

MONTEZUMA COUNTY, COLORADO

March 8, 2022

STATE OF COLORADO           )

                                                     ) ss.

COUNTY OF MONTEZUMA   )

At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday March 8, 2022 at the Montezuma County Administration building in Cortez, Colorado, there were present:

Jim Candelaria, Chairman

Kent Lindsay, Vice Chairman

Gerald Koppenhafer, Commissioner of Deeds

Shalako Powers, County Administrator

Ian MacLaren, County Attorney

Kim Percell, County Clerk

MINUTES: Commissioner Lindsay moved to approve the minutes of the Proceedings of the Board of Commissioners Montezuma County, Colorado dated March 1, 2022 as presented.  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 a proposed 2 Lot Moderate Subdivision & Rezoning Application, submitted by Douglas & Cindy Coulon, on property located at 21624 Road S, Cortez, CO, consisting of 17.42 acres, more or less, located west of Hwy 491, south of Road S, situated in Section 30, T.37N, R.16W, N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.  Mrs. Coulon was present.  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 Lindsay moved to approve the proposed 2 lot moderate subdivision and rezoning application, submitted by Douglas and Cindy Coulon, on property located at 21624 Road S, Cortez.  Seconded by Commissioner Koppenhafer and carried.  Commissioner Candelaria closed the hearing at this time.  (See attached)

PLANNING: Director, Haley along with Assistant, Duncan presented for signatures, a Boundary Line Adjustment, submitted by Arvita Higgins on property located at 21510 Road W, Lewis Co, and Ervil Higgins on property located at TBD Road W, Lewis , CO..  Commissioner Lindsay moved to approve the boundary line adjustment agreement for Arvita Higgins and Ervil Higgins at 21510 Road W, Lewis Co.  Second by Commissioner Koppenhafer and carried.  (See attached)

 PUBLIC HEARING: It being the time set aside a public hearing is held for review and determination a proposed Subdivision Amendment Application of the Swearingen 2 Lot Moderate Subdivision, submitted by BBS, LLC, agents: David Posner & Karl Jeffries, on properties located at 11245 & 11145 Road 20, Cortez, CO, consisting of 3.34 acres, more or less & 3.80 acres, more or less, located south of Road M and west of Road 20, situated in Section 14, T.36N., R.17W., N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.  Mr. Posner was present.  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 Koppenhafer moved to approve the proposed subdivision amendment application of the Swearingen 2 lot moderate subdivision, submitted by BBS, LLC, agents: David Posner and Karl Jeffries, on properties located at 11245 & 11145 Road 20, Cortez, CO.  Seconded 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 of a proposed 2 Lot Minor Subdivision & Rezoning Application, submitted by James E. Lynch Living Trust, on property located at 14767 Road 29.75, Dolores, CO, consisting of 40 acres, more or less, located west of Road 29, east of Road 29.75, situated in Section 33, T.37N., R.15W., N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.  Mr. Lynch was present.    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 Lindsay moved to approve the proposed 2 lot minor subdivision and rezoning application, submitted by James E. Lynch Living Trust, on property located at 14767 Road 29.75, Dolores, CO..  Seconded 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 of a Special Use Permit and Rezoning Application for a USDA meat processing facility, submitted by Rocky Mountain Meats; agent: Chad Foutz, on property located at 7429 Hwy 160-491, Cortez, CO, located west of Hwy 160-491, situated in Section 4, T.35N., R.16W., N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.  Mr. Foutz was present.  At this time, Attorney Kelly McCabe, made a request to continue the public hearing, to comply with the Land Use Code, notice requirements.  After establishing the evidence of sending the required notice, by certified mail, to all adjacent land owners, it was determined that the hearing would proceed.   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.  Public comment was made by: Rob Pope, Wanda Martin, Tim Lanier, Danny Wilkin, Attorney, Bryson McCabe representing property owner Jim Black, Jennifer Singer, Clayton Archer and Colton Black representing the Cortez Area Chamber Commerce.  Hearing no further public comment that portion of the hearing was closed.  After hearing all the evidence presented, Commissioner Lindsay moved to approve the special use permit and rezoning application for a USDA meat processing facility, submitted by Rocky Mountain Meats; agent: Chad Foutz, on property located at 7429 Hwy 160-491, Cortez, and this application be contingent upon, a good working septic permit, rather it be through septic tank or preferably hooked up to Cortez Sanitation District, a CDOT permit and dust control on the roads.  Second by Commissioner Koppenhafer and carried.  Commissioner Candelaria closed the hearing at this time.  (See attached)

PUBLIC COMMENT:  James Parks presented a signature petition regarding the request, for County Roads L, 32 and P, be placed on the Road & Bridge chip seal schedule.  (See attached) 

Kathy VanVleet offered a thank you to the Commissioners on the recently reviewed Ironwood LLC property.  Butch Smith discussed a proposed highway turn lane for the approved Rocky Mountain Meats.  

PUBLIC LANDS:  No reports made. 

VEHICLE MAINTENANCE: Road & Bridge Equipment Manager, Shane Higman was not available to report.

GROUNDS AND BUILDINGS: Maintenance Supervisor, Dustin Sattler met with the Commissioner to give a monthly report on the grounds and buildings.  Topics discussed included the Lost Canyon Road Shop Project, the Social Services Conference Room project, a restroom project for the Road and Bridge department, heater repairs and sidewalk ice removal. 

IT: IT Director, Jim McClain met with the Commissioners to present his monthly report. Director McClain gave a departmental overview and an introduction to Commissioner Koppenhafer.  Other topics discussed included the recent Phone Services Change Project, a new firewall implementation, the Internet Services Project and the development of a County ring.  

GIS MAPPING: GIS Manager, Doug Roth and Mapping Specialist, Rachel Medina met with the Commissioners to give a monthly report.  Topics discussed included:  the new GIS landing page https://montezumacounty.maps.arcgis.com/home/index.html, the recreational map viewer, changes to the interface of the verifying address page, an updated road impact fee accounting and development of the available impact fee funds map, an overview of the 2021 impact fees collected, county development statistics and the Smart Gov. Program.  (See attached)

UNFINSHED BUSINESS: Road & Bridge, John Deer Grader Lease Plan.  Commissioner Koppenhafer moved to approve the movement of $86,392.00, out of the Capital Outlay account, for the Road and Bridge Department, for the purchase of these two blades, model 772/GP.  Second by Commissioner Lindsay and carried.  (See attached)

Noxious Weed Department’s proposed purchase of a masticator head.  Commissioner Lindsay moved to approve the purchase of the masticator head for $21,875.81.  Second by Commissioner Koppenhafer and carried.  (See attached) 

Noxious Weed Department: The US Forest Service Modification #1 Grant or Agreement in the amount of $5,000.00 was presented for approval.  Commissioner Lindsay moved to approve Modification contract #21-PA-11021300-034 to the Forest Service contract.  Second by Commissioner Koppenhafer and carried.  (See attached)

COUNTY ATTORNEY REPORT: County Attorney, Ian MacLaren gave updates on the Kinder Morgan Case and the Walmart Appeal abeyance.  Attorney MacLaren presented the amended City of Cortez Fiber Management Agreement, for approval.  Commissioner Koppenhafer moved to approve this amendment modifying the agreement between Montezuma County and the City Of Cortez, owned by Cortez Community Network Enterprise, regarding a broadband fiber network, her in after called the agreement, the revisions on the agreements are limited to those specified.  Second by Commissioner Lindsay and carried.  (See attached)   

NATURAL RESOURCES, PLANNING & PUBLIC LANDS: Resource Director, James Dietrich, met with the Commissioners to give a weekly report.  Topics discussed included; the Mesa Verde Trail Project grant applications, the Cortez side of the Mesa Verde Trail route, matching funds strategy, BLM concerns of camping on the Chutes and Ladders trails, and land owned by the State Land Board.  

COUNTY ADMINISTRATOR REPORT: Administrator, Shak Powers, discussed the Wellness Committee’s proposed memberships to the City of Cortez Recreation Center, the attended (SWORD) Southwest Opioid Response District meeting, a Region 9 Feasibility Study, attendance at the Tribal Council meeting, the Commissioner attendance at the Cortez City Council meeting and requested Commissioner assistance for a a repeal or delay, of the CCI legislation, that requires Counties to license all entities that transport individuals in behavioral health crisis.

COUNTY COMMISSIONER REPORT: Topics discussed within the Commissioners reports included: Commission Koppenhafer discussed the attended Community Intervention meeting and the attended (Triple A) Area on Aging Agency meeting.  Commissioner Lindsay discussed the scheduled Cortez City Council meeting and the Dolores Town Board Candidate Forum.  Commissioner Candelaria discussed the attended Dolores Town Board Candidate meet and greet, CCI Legislative updates, the Monday Workshop and a request for a County Animal Control Officer.

CORRESPONDENCE: The following correspondence was read and noted:

MOTION TO ADJOURN: was made by Commissioner Koppenhafer, seconded by Commissioner Lindsay and carried.

MEETING ADJOURNED: 11:30 a.m. 

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Clerk                     March 8, 2022                                Chairman