BOCC Minutes October 4, 2022

PROCEEDINGS OF THE BOARD OF COMMISSIONERS

MONTEZUMA COUNTY, COLORADO

October 4, 2022

STATE OF COLORADO           )

) ss.

COUNTY OF MONTEZUMA   )

At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday October 4, 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

Travis Anderson, County Administrator

Ian MacLaren, County Attorney

Kim Percell, County Clerk

CHAIRMAN, CANDELARIA opened the meeting of October 4, 2022 with the Pledge of Allegiance

MINUTES: Commissioner Koppenhafer moved to approve the minutes of the Proceedings of the Board of Commissioners Montezuma County, Colorado dated Tuesday, September 27, 2022, 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 2 Lot Moderate Subdivision Application and AR3-9 Rezoning, submitted by Leonard & Janet Maez, on property located at 22931 Road P, Dolores, CO, consisting of 10 acres, more or less, located east of Hwy 491, north of Road P, situated in Section 32, T.37N, R.16W, N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.  Mr. Maez 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 accept the proposed 2 lot moderate subdivision application and AR3-9 rezoning, submitted by Leonard & Janet Maez, on property located at 22931 Road P, Dolores.  Second by Commissioner Koppenhafer and carried.  Commissioner Candelaria closed the hearing at this time.  (See attached)

COUNTY ATTORNEY REPORT: County Attorney, Ian MacLaren, no report given.

PUBLIC HEARING: It being the time set aside a public hearing is held for review and determination regarding a proposed Single Lot Development Application and AR3-9 Rezoning, submitted by Leonard & Janet Maez, on property located at 23107 Road P, Dolores, CO, consisting of 4 acres, more or less, located east of Hwy 491, north of Road P, situated in Section 32, T.37N, R.16W, N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.  Mr. Maez 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 single lot development application and AR3-9 rezoning, submitted by Leonard & Janet Maez, on property located at 23107 Road P, Dolores, CO, consisting of 4 acres, more or less.  Second by Commissioner Lindsay and carried.  Commissioner Candelaria closed the hearing at this time.  (See attached)

COUNTY ADMINISTRATOR REPORT:

PAYABLE EXPENDITURE REPORT: County Administrator, Travis Anderson presented for approval, the August 2022 Accounts Payable Expenditure Reports in the amount of $3,995,146.15.  Commissioner Koppenhafer moved to approve the payables for the month of August 1, 2022 through August 31, 2022 for Montezuma County expenditures.  Second by Commissioner Lindsay and carried.   (See attached)

TRANSFER ORDER #5-2022: Administrator Anderson presented for approval, Transfer Order #5-2022, a transfer of $520.00 from the Road and Bridge Fund (002) to the General Fund (001) to correct a Weed Department deposit error.  Commissioner Lindsay moved to approve transfer order #5-2022, in the amount of $520.00 from the Road and Bridge Fund to the General fund to correct a Weed Department deposit error.  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 regarding a proposed Single Lot Development Application and AR3-9 Rezoning, submitted by Howard Terrell; agents: Katie & Travis Ramos, on property located at 32471 Road M, Mancos, CO, consisting of 49.90 acres, more or less, located west of Road 33, north of Road M, situated in Section 12, T.36N, R.15W, N.M.P.M..  The roll was called, the public notice read, and the proceedings were recorded for the record.  Mr. Ramos 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.  Public comment was made by Mark Christiansen.  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 single lot development application and AR3-9 rezoning, submitted by Howard Terrell; agents: Katie & Travis Ramos, on property located at 32471 Road M, Mancos, CO, consisting of 49.90 acres.  Second by Commissioner Koppenhafer and carried.  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 Arvell Lamb, on property located at 15297 Road CC, Pleasant View, CO, consisting of 0.91 acres, more or less, located west of Hwy 491, north of Road CC, situated in Section 31, Township 39N, Range 17W, N.M.P.M.  Agent, Robin Rice was present.  Commissioner Koppenhafer moved to approve the after the fact variance submitted by Arvell Lamb, on property located at 15297 Road CC, Pleasant View, CO, consisting of 0.91 acres and the setbacks for the out buildings on the north side of property.  Second by Commissioner Lindsay and carried.  (See attached)

PUBLIC COMMENT: Public comment was made by Mark Christiansen.

DISCUSSION: From the Human Resource Department, M. Lynn Dorenkamp and Benefit Health Advisor, Jake Zehnder met with the Commissioners to discuss the County’s Health Insurance Options.  Commissioner Lindsay moved to accept, option Plan B for health insurance for Montezuma County.  Second by Commissioner Koppenhafer and carried.  (Cigna) 

ROAD & BRIDGE DEPARTMENT: Road Superintendent, Rob Englehart met with the Commissioners to give a monthly report.  Superintendent Englehart presented the road and bridge schedule for the month of October, 2022 and gave an overview of the type of work scheduled. Superintendent Englehart presented the Montezuma County/DOLA Road Projects Report.   Other topics discussed included; the Alkali Creek Bridge Project, grant opportunities, scheduled ICS trainings and the Montezuma Water Company membership fees.  (See attached)

NOXIOUS WEED DEPARTMENT: Weed Department Manager, Bonnie Loving met with the Commissioners to give a monthly report.  Topics discussed included; budget amendments, 2022 weed guides, funds received, grant applications, the scheduled Applicator Training, the Yellow Starthistle, a report on current departmental projects and treatment of the Russian Knapweed.  (See attached)

LANDFILL: Landfill Manager, Mel Jarmon gave his monthly report which included the 2022 Landfill budget spread sheet.  A discussion was held regarding the new quotes received for the purchase of a compost turner.  Commissioner Koppenhafer moved to approve the purchase of the Baccas A58 wind row turner, for the Landfill at $409,500.00, as the lowest bid.  Second by Commissioner Lindsay and carried.  Other topics discussed included: the Carver Field, culverts, road maintenance, the cardboard stock pile, compost and the mattress income.  (See attached)

FAIRGROUNDS: Fairgrounds Manager, Justin McGuire gave his monthly report which included the year to date numbers.  Year to date numbers included; 57,550 in attendance, Revenues at $74,278.49 and Expenditures at $194,098.06.  A discussion was held regarding past and future events scheduled at the Fairgrounds.  Other topics discussed included; the fire suppression system, the Montezuma Water Company membership fees, the outdoor restrooms site study/retrofit and upgrade project.   The Commissioners were in agreement to move forward with drawings for the Outdoor restroom project.  (See attached)

UNFINISHED BUSINESS:

LIQUOR LICENSE: Deputy Clerk, Jerri Frizzell met with the Commissioners to present a liquor license renewal application for the Maverick Country Stores Inc. #275, located at 10223 US Hwy. 491, Cortez Co 81321.  Commissioner Lindsay moved to accept the liquor license renewal for Maverick Stores, at 10223 US Hwy. 491, Cortez.  Second by Commissioner Koppenhafer and carried.  (See attached)

Deputy, Frizzell presented a liquor license renewal application for Ted R. Lawrence dba Log Cabin Liquor, 41980 Hwy 160, Mancos, Co. 81328.  Commissioner Koppenhafer moved to approve the renewal, for Log Cabin Liquor, license at 41980 Hwy 160, Mancos, Co.  Second by Commissioner Lindsay and carried.  (See attached)

DISCUSSION: A discussion was held regarding the Cortez Farmers Market request for the expansion of their area.  The Commissioners were in agreement to deny the area expansion request.

RESOLUTION #11-2022: Attorney MacLaren presented for approval, Resolution #11-2022, an Order Declaring a Disaster in and for Montezuma County, Colorado.  Commissioner Koppenhafer moved to approve Resolution 11-2022, an order declaring a disaster in and for Montezuma County Colorado.  Second by Commissioner Lindsay and carried.   (See attached)

FEE WAIVER:  From the Veterans of Foreign Wars (VFW) Post 5231, Commander Tommy Endres, met with the Commissioners to make a yearly request that the Annex fees be waived for the following events; the monthly meetings, the scheduled September 16, 2023, Stand Down event and a “to be determined” district meeting.  Commissioner Lindsay moved to waive the fees for VFW Post 5231, for the use of the Senior Center as presented.  Second by Commissioner Koppenhafer and carried.  (See attached)

DISCUSSION: A discussion was held regarding the proposed Land Use Priority List.  The Commissioners were in agreement, of the direction given to Attorney MacLaren to move forward with properties on Road P, Road 26.5 and Road 25.

DISCUSSION: A discussion was held regarding the proposed Senior Center Fee Structure.  Commissioner Koppenhafer moved to increase the rates for using the County Annex I, to $125.00 for a half day, $250.00 for a full day and $80.00 per event for IT.  Second by Commissioner Lindsay and carried.

NATURAL RESOURCES, PLANNING & PUBLIC LANDS: Resource Director, James Dietrich, met with the Commissioner to give a weekly report.  Topics discussed included; the CFLRP Collaboration meeting, the BLM Big Game Corridor meeting, the DWARF Collaborative meeting, the General Services Agreement regarding the IHOP Strategic Housing Grant, the RFP for the Orrick Grant, the Rocky Mountain Restoration Initiative meeting and scheduled field trips to Chicken Creek and Summit Lake.

COUNTY COMMISSIONER REPORT: Topics discussed within the Commissioners reports included: Commissioner Lindsay reported on the attended Cortez City Council meeting and constituent discussions.  Commissioner Koppenhafer reported that there was no Mancos Town Board meeting, but gave an update on their Groundhog water project.  Commissioner Candelaria discussed the attended Alkali Creek Bridge project meeting, the Region 9 directors meeting, the Housing Authority meeting, the Monday workshop, the CCI Legislative discussion and Mr. Christiansen’s earlier public comments.  Attorney MacLaren gave an overview of the filed complaint on the Ironwood property.

Chairman Candelaria announced the meeting would reconvene at 1:30 p.m., as the Board of County Health.

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

CORRESPONDENCE: The following correspondence was read and noted:

MEETING ADJOURNED: 11:31 a.m.

MONTEZUMA COUNTY BOARD OF HEALTH MEETING: 1:30 p.m.

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Clerk                     October 4, 2022                               Chairman