BOCC Minutes September 13, 2022

PROCEEDINGS OF THE BOARD OF COMMISSIONERS

MONTEZUMA COUNTY, COLORADO

September 13, 2022

STATE OF COLORADO           )

) ss.

COUNTY OF MONTEZUMA   )

At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday September 13, 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

Malinda Fuller, Chief Deputy

MINUTES: Commissioner Koppenhafer moved to accept the minutes of the Proceedings of the Board of Commissioners Montezuma County, Colorado dated Tuesday, September 6, 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 of a proposed Single Lot Development and AR3-9 Rezoning Application, submitted by Huston & Connie Anderson; agent: Upper Road 42 Water Association, on property located at 13750 Road 42, Mancos, CO, consisting of 63.11 acres, more or less, located north of Hwy 160, east of Road 42, situated in Section 2, Township 36N, Range 13W, N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.   Agent, Connie Anderson 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 Single Lot Development and AR3-9 Rezoning Application submitted by Huston and Connie Anderson, Agent for the Upper Road 42 Water Association on property located at 13750 Road 42, Mancos CO. Second by Commissioner Lindsay and carried.  Commissioner Candelaria closed the hearing at this time.  (See attached)

DISCUSSION: A discussion was held regarding the Attainable Housing Strategy Reports. Commissioner Koppenhafer moved to approve recommendation from planning and from James for the Ayers proposal for the IHOP grant. Second 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 19 Lot Major Subdivision and AR3-9 Rezoning Application, submitted by Mark Cox; on property located at TBD Road 25, Dolores, CO, consisting of 59.27 acres, more or less, located south of Hwy 184 & Road 25, situated in Section 7, Township 37N, Range 15W, N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.   Applicant was not 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 Kim Haas, Mark Christiansen, Marlo Bennett and Beth Bettell.  After hearing all the evidence presented Commissioner Lindsay moved to approve the proposed 19 Lot Major Subdivision and AR3-9 Rezoning Application, submitted by Mark Cox; Agent Andy Cox, on property located at TBD Toad 25, Dolores, CO, contingent upon CDOT access permit and with recognition of utility corridor that runs through there.  Second by Commissioner Koppenhafer and carried.  Commissioner Candelaria closed the hearing at this time.  (See attached)

Planning Director, Don Haley along with Assistant, S. Jane Duncan presented for approval and signatures for a Variance Application, submitted by Adolfo & Macedonia Flores, on property located at 25325 Road F, Cortez, CO, consisting of 2.39 acres, more or less, located north of Road F,  east of Road 25, situated in Section 11, T. 35N, R. 16, N.M.P.M.  Commissioner Lindsay moved to approve the Variance Application submitted by Aldolfo & Macedonia Flores on property located at 25325 Road F, Cortez Co, considering the unique properties of this land here and unavailability of setbacks. Second by Commissioner Koppenhafer and carried.  (See attached)

Planning: Director, Don Haley along with assistant, S Jane Duncan, presented for signatures a Mylar for a 2 Lot Minor and AR3-9 Rezoning Application, submitted by William & Katherine Voiles, on property located at 13550 Road 42, Mancos, CO, consisting of 27.50 acres, more or less, located east of Road 42, situated in Section 2, T.36N, R.13W, N.M.P.M.

DISCUSSION: A discussion was held regarding a Letter of Non Compliance sent to a resident on County Road 25 west of Highway 184. Mention was made to prioritize 3 properties.

VEHICLE MAINTENANCE: Road & Bridge Equipment Manager, Shane Higman met with the Commissioners to give a monthly report.   Manager Higman requested approval for the purchase of a new Dodge pickup for the Maintenance Department.  Commissioner Koppenhafer moved to approve the purchase of this Dodge 2500 for $48911.25, cost of box, $10861.00 for a total of $59592.50. Second by Commissioner Lindsay and carried. (See attached)

GROUNDS AND BUILDINGS: Maintenance Supervisor, Dustin Sattler reported on the grounds and buildings.  Topics discussed included; a mini split in the office at the Road Department, a new wall framed in the Weed Department to separate office space from herbicides. Also discussed were LED light bulb changes and a suppression system at the Fairgrounds.

PUBLIC LANDS:

Forrest Service District Ranger, Derek Padilla met with the Commissioners to give updates on various projects.

MESA VERDE NATIONAL PARK: No report was given.

IT: IT Director, Jim McClain met with the Commissioners to present his monthly report.  Director McClain reported that new security cameras were installed for the ballot drop boxes.  A discussion was held regarding a security door for the second floor of the Administration building, cyber security and a card reader.

GIS MAPPING: GIS Manager, Doug Roth met with the Commissioners to present his monthly report. Manager Roth presented a list of changes made to County roads and adopting new Commissioner Districts per state statute. (See attached)

PUBLIC COMMENT: Public comment was made by Mike Lynch and Allen Maez.

UNFINISHED BUSINESS: Turf Replacement Program Request. Applicant was not present. (See attached)

DISCUSSION: A discussion regarding the Attainable Housing Strategy Reports. Ayers Corporation was approved to do the strategy report earlier in the meeting.

DISCUSSION: A discussion regarding the Road 23 Closure Request. Commissioner Lindsay made a motion to deny the request to close Road 23 from Y to Z. Second by Commissioner Koppenhafer and carried. (See attached)

DISCUSSION: A discussion regarding the 2nd Floor Security Door was held.  After consulting with IT, the commissioners agreed to change the Security Door to the 1^st floor instead, with a stipulation it remains open during commissioner meetings.

DISCUSSION: A discussion regarding the EssoTerra Inc. Application for Colorado Liquor Sales Room was held. Commissioner Koppenhafer moved to sign the License Authority Application for a Colorado Liquor Sales Room saying, we have no problem with EssoTerra having this event at the Montezuma Orchard Restoration Project. Second by Commissioner Lindsay and carried.

COUNTY ATTORNEY REPORT: County Attorney, Ian MacLaren gave an update on the Secretary of State Candidate Tina Peters lawsuit.  Attorney Maclaren reported the Ellis Lewis land use matter trial will be moved up due to the sitting judge term ending 3 days after the start of the trial.

COUNTY ADMINISTRATOR REPORT: County Administrator, Travis Anderson discussed his time spent with the Noxious Weed Department and a tour with Bonnie Loving. Administrator Anderson reported that he met with MOD Homes during an Economic Development.

COUNTY COMMISSIONER REPORT: Topics discussed within the Commissioners reports included: Commissioner Lindsay reported on constituent discussions via text, calls and in person.  Commissioner Lindsay also invited anyone interested to attend the City Council meeting.  Commissioner Koppenhafer discussed not having any meetings this week but having many discussions with constituents. Commissioner Candelaria discussed working through the budget process, a NACO transportation meeting, waiting for legislation to determine how the IJA funds are to be distributed, phone calls pertaining to subdivisions, and the Land Use Code.  Commissioner Candelaria discussed the compost turner for the Landfill.  Commissioner Lindsay moved to approve the purchase of the Landfill’s compost turner as recommended by Mel Jarmon, the Landfill Manager.  Second by Commissioner Koppenhafer and carried.  Also discussed were the Turf Replacement Project, Annex 3 Project and a Letter of Intent.  Commissioner Lindsay moved to sign a Letter of Intent for the Region 9 Middle Mile Broad Band Project.  Second by Commissioner Koppenhafer.  Also discussed were the Dolores Town Hall meeting and the upcoming Water Board meeting along with the Monday workshop.

CORRESPONDENCE: The following correspondence was read and noted:

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

MEETING ADJOURNED: 11:05 a.m. 

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Clerk                         September 13, 2022                        Chairman