BOCC Minutes November 14, 2023

PROCEEDINGS OF THE BOARD OF COMMISSIONERS

MONTEZUMA COUNTY, COLORADO

November 14, 2023

STATE OF COLORADO           )

                                                     ) ss.

COUNTY OF MONTEZUMA   )

At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday November 14, 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

MINUTES: Commissioner Koppenhafer moved to approve the Proceedings of the Board of County Commissioners of Montezuma County, for Tuesday, October 31, 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 regarding a proposed High Impact Permit Application submitted by Raptor Self-Storage, LLC, on property located at 26304 Road L, Cortez, CO consisting of 3.43 acres, more or less, located south of Road L, east of Road 26, situated in Section 24, Township 36N, Range 16W, N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.  Chris Ross 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 Lindsay moved to approve the proposed High Impact Permit Application submitted by Raptor Self-Storage, LLC, on property located at 26304 County Road L, Cortez.  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 High Impact/Special Use Permit Application, submitted by Ramble Outdoors, Inc, agent for Benny & Sondra Cordova, on property located at TBD Road 31, Dolores, CO, consisting of 9.05 acres, more or less,  Conrad & Eva Hover, on property located at 29485 Road M, consisting of 24.12 acres, more or less, both located north of Road M, west of Road 31, situated in Section 9, Township 36N, Range 15W, N.M.P.M. The roll was called, the public notice read, and the proceedings were recorded for the record.  Dieter Erdmann 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 Dave Dove.  Hearing no further public comment that portion of the hearing was closed.  After hearing all the evidence presented Commissioner Koppenhafer moved to approve the proposed High Impact/Special Use Permit Application, submitted by Ramble Outdoors, agent for Benny & Sondra Cordova, and Conrad & Eva Hover, on property located at 29485 Road M and TBD Road 31, consisting of 9.05 acres on the Cordova property, and 24.12 acres on the Hover property.  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 4 Lot Moderate Subdivision and Rezoning Application submitted by Ellis Lewis, on property located at 14171 Road 36.75, Mancos, CO, consisting of 39.66 acres, more or less, located south and west of Hwy 184, situated in Section 34, T.37N, R.14W, N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.  Mr. Lewis 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 Lindsay moved to continue Mr. Lewis’s public hearing to December 19, 2023 at 9:00 a.m.  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 rescheduled public hearing is held for review and determination of a proposed High Impact/Special Use Permit Application, submitted by Silvina Guerreiro Moore & Jeremy Moore, on property located at 7134 Road 41, Mancos, CO, consisting of 3.71 acres, more or less, located south of Hwy 160, east of Road 41, situated in Section 4, T.35N, R.13W, N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record. Commissioner Koppenhafer recused himself from the hearing.  Mr. and Mrs. Moore along with Planning Consultant, Tiffany Rhodes 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.  Public comment was made by Dave Dove, Jessica McIntyre, Renee Fiegenbaum, Katie McClure, Nathan McIntyre, Cindy Gray, Craig McClure, Sally Dziedzic, Susan Lisak, Mathew Decker, Mike Nolan, Wesley Rivera, John Davis, Amorina Lee Martinez, Josh Mischke, Jennifer Magnuson, Muchon Obon, Jeffrey Magnuson, Dan Peterson, Marsha Goodwin, Delaney Dillon, Travis Imel, Scott Fowler, Clara Martinez, Sharon Craft, Danette Dillon and Ashley Cody Smith.  Emailed comments were received by; Cynthia Gridley, Leander Gridley, Sarah Decker, Kenneth Decker, Pam Kroll, Marsha Goodwin, Scott Midgley and Christina Swank, K Marie Meyer, Debi Durand, Audrey Royem, Jacqueline and Charles Smith, Carolyn Decker–Witt, and Dustin Brown.  Hearing no further public comment that portion of the hearing was closed.  After hearing all the evidence presented the Commissioners were at an impasse, so the application would die due to the lack of a second and would not move forward.  Commissioner Candelaria closed the hearing at this time.  (See attached)

PLANNING: Director, Haley along with Assistant, Duncan presented for discussion and approval of an After-The-Fact Variance, submitted by Ashley C. Smith, on property located at 7348 Road 40.3, Mancos, CO, consisting of 3.79 acres, more or less, located north of Road 40.3, situated in Section 5, Township 35N, Range 13W, N.M.P.M.  Commissioner Lindsay moved to approve the After-The-Fact Variance, submitted by Ashley C. Smith, on property located at 7348 Road 40.3, Mancos.  Commissioner Lindsay withdrew his motion.  Ms. Smith will review other avenues with Empire Electric to address the issues and return at a future date.  

Director, Haley along with Assistant, Duncan presented for discussion and approval of a Boundary Line Adjustment Application submitted by The Faucet Company, LLC, on property located at 24194 Road L, Cortez, CO, consisting of 6.75 acres, more or less, and Richard McDonald, on property located at 10801 Hwy 491, Cortez, CO, consisting of 1.40 acres, more or less, both located west of Hwy 491, south of Road L, situated in Section 22, Township 36N, Range 16W, N.M.P.M.  Commissioner Lindsay moved to approve the Boundary Line Adjustment Application submitted by The Faucet Company, LLC, on property located at 24194 Road L, Cortez.  Second by Commissioner Candelaria and carried.  (See attached) 

PUBLIC COMMENT: No public comment was made. 

UNFINISHED BUSINESS:

DISCUSSION: A discussion was held related to an addition to the Employee Handbook.  Commissioner Lindsay moved to approve the addition to the Employee Handbook #3.2.4, addressing the deployment of County Employees and their salaries.    Second by Commissioner Candelaria and carried.  (See attached)    

DISCUSSION: The Montezuma County Fairground’s Racetrack lease for the 2024 season was presented for review and discussion.  Commissioner Lindsay moved to sign the Race Tack lease between Montezuma County and Julian Garcia, Garcia Motorsports for the terms within the contract.  Second by Commissioner Koppenhafer and carried.   (See attached)

DISCUSSION: Sheriff Nowlin met with the Commissioners to discuss the presented Montezuma County Sheriff’s Office Position / Annual Pay Grade 2023.  Commissioner Koppenhafer moved to approve the Montezuma County Sheriff’s Office position pay grade proposal as presented today.  Second by Commissioner Candelaria and carried.  (See attached)

NEW BUSINESS:

NOTICE of the 2024 BUDGET: The Budget Committee: Administrator Anderson, Commissioner Candelaria and Chief Finance Officer, Faedra Grubb met with the Commissioners and gave a summary of the proposed 2024 Budget.  Topics discussed included; Road & Bridge, Public Health, Social Services, the Capital Fund, capital projects for next year, Landfill, ETA, the Lodgers Tax, Conservation Trust and the LEA.  (See attached) 

COUNTY GRANT COORDINATOR: Grant Coordinator, Robert Dobry no report given.

COUNTY ATTORNEY REPORT: County Attorney, Ian MacLaren discussed the attended Board of Assessment Appeal Hearing and gave an update on the Ironwood case. 

ADMINISTRATOR REPORT: County Administrator, Travis Anderson discussed meetings with the City of Cortez to work on unified projects, budgetary aspects of checks and balances for 2025, an attended meeting with the Sheriff and the Southwest Hospital, the attended Weed Advisory Board meeting, a special legislation meeting to discuss property tax relief, a scheduled special meeting for CCI and a proposed Safety Sales Tax. 

COUNTY COMMISSIONER REPORT: Topics within the Commissioners reports included: Commissioner Lindsay was not available to report. Commissioner Koppenhafer reported on the attended Colorado River Task Force meeting and reported that the NCA would be up for a vote in the Senate.  Commissioner Candelaria discussed the attended Montezuma Leadership Presentation, the Weed Advisory Board meeting and the attended Dolores Town Board meeting.

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

CORRESPONDENCE: The following correspondence was read and noted:

MEETING ADJOURNED:  2:50 p.m.

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Clerk                  November 14, 2023                          Chairman