PROCEEDINGS OF THE BOARD OF COMMISSIONERS

MONTEZUMA COUNTY, COLORADO

June 6, 2023

STATE OF COLORADO           )

                                                     ) ss.

COUNTY OF MONTEZUMA   )

At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday June 6, 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

CHAIRMAN CANDELARIA opened the meeting of June 6, 2023 with the Pledge of Allegiance.

MINUTES: Commissioner Koppenhafer moved to approve the Proceedings of the Board of County Commissioners of Montezuma County, for May 23, 2023 as presented.  Motion was seconded by Commissioner Lindsay and carried.

PLANNING: Planning Director, Don Haley along with Assistant, S. Jane Duncan presented for discussion and approval of an Exemption Application submitted by Van Keuren Living Trust & Akina, LLC, on properties located at 12403 Road 22, Cortez, CO, consisting of 35.73 acres, more or less & 12525 Road 22, Cortez, CO, consisting of 70 acres, more or less, both located east of Road 22, south of Road N, situated in Section 7, Township 36N, Range 16W, N.M.P.M.  Mrs. Van Kueren was present.  Commissioner Lindsay moved to approve the exemption application submitted by Van Keuren Living Trust & Akina, LLC, on properties located at 12403 Road 22, Cortez.  Second by Commissioner Koppenhafer and carried.  (See attached)

Planning Director, Haley along with Assistant, Duncan presented for discussion and approval of a Variance Application submitted by Leslee Ham, on property located at 9340 Road 29.25, Cortez, CO, consisting of 3.45 acres, more or less, located south of Hwy 160, situated in Section 28, Township 36N, Range 15W, N.M.P.M.  Mr. and Mrs. Ham were present.  The Commissioners were in agreement to continue the discussion to the June 13, 2023 meeting.  (See attached)

Planning Director, Haley along with Assistant, Duncan presented for signatures of a Mylar for a Subdivision Amendment of the Swearingen 2 Lot Moderate Subdivision, submitted by 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.

Planning Director, Haley along with Assistant, Duncan presented for signatures of a Mylar for a Boundary Line Adjustment 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.

PUBLIC COMMENT: Public comment was made by Susan Kemnetz, James R. Myers and Allen Maez.

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 June 2023 and gave an overview of the type of work scheduled.  Other topics discussed included; the Alkali Bridge project, the Airport Project, the Mancos Gravel Pit, pave patching on the Dolores Norwood Road, the Beaver Rim Pit, chip seal projects and the Road V section repair.  (See attached)

NOXIOUS WEED DEPARTMENT: Weed Department Manager, Bonnie Loving met with the Commissioners to give a monthly report.  Topics discussed included: updates, the month of May office calls, public outreach, Hoary Cress, Hairy Whitetop, Leafy Spurge, Siberian Elms, the Phreatophyte removal project, and county weeds.    (See attached)

LANDFILL: Landfill Manager, Mel Jarmon gave his monthly report which included the 2023 Landfill budget spread sheet.  Manager Jarmon gave an update on the Carver Field.  Other topics discussed included; hours of operation (8:00 a.m. – 4:00 p.m. Monday – Saturday), tardy fees assessed for loads not unloaded by 4:15pm, scheduled inspections and wind days.  (See attached) 

UNFINISHED BUSINESS:

DISCUSSION: A discussion was held related to the Fleet Department, fleet costs, and fleet reduction strategies.  There will be future budget discussions on the topic.

DISCUSSION: The discussion related to the Secure Rural Funding was tabled to a future date.

DISCUSSION: A discussion regarding Ballot Print Vendors was held with Clerk Percell.  The discussion was postponed to a future date.  

DISCUSSION: A discussion was held related to the MOCO, (IGA) Intergovernmental agreement for transportation services to the Town of Rico by Montezuma County Transportation.  The discussion was tabled to after the June 21^st Rico Town Board meeting.

DISCUSSION: The Master Task Order #23FAA00035 between the State of Colorado and Montezuma County for the Public Health, Retail Food and Childcare Inspections Contract was presented for approval.  Commissioner Lindsay moved to sign the Retail Contract with the State of Colorado #23FAA00035.  Second by Commissioner Koppenhafer and carried. (See attached)

DISCUSSION: A discussion was held with Economic Development Coordinator, Thurman related to the Landfill Voucher Program. The Commissioners were in agreement to move forward with the program.  (See attached)

CEMETERY APPOINTMENTS: Administrator Anderson presented letters of interest from Bill Gilliland and Melanie Filener, for the reappointments to a full 6 year term, to the Lewis Cemetery Board.  Commissioner Koppenhafer moved to reappoint Bill Gilliland and Melanie Filener to the Lewis Cemetery Board.  Second by Commissioner Lindsay and carried. (See attached) 

DISCUSSION: The Professional Service Agreement between Montezuma County Sheriff’s Office for Jail Based Behavioral Health Services along with the State of Colorado Department of Human Services Contract CMS #24IBEH182070, in the amount of $217695.00, were presented for approval.  Commissioner Lindsay moved to sign the agreement to the State of Colorado Department of Human Services for jail based behavioral services, CMS #24IBEH182070, and also the agreement between Montezuma County Sheriff’s office and Axis Health for the Professional Services Agreement to provide those services, Jail based Behavioral Health.  Second by Commissioner Koppenhafer and carried.  (See attached) 

RESOLUTION: Attorney MacLaren presented for approval Resolution #13-2023. A resolution in Support of Advance Colorado and its Commencement of Litigation concerning Senate Bill #23-303 and Proposition HH.  Commissioner Lindsay moved to sign Resolution 13-2023 whereas, Senate Bill 23-303 was hastily enacted by the General Assembly on the last day of the 2023 legislative session with prior consultation with local governments.  Second by Commissioner Koppenhafer and carried.  (See attached)

NEW BUSINESS:

LIQUOR LICENSE: Deputy Clerk, Jerri Frizzell presented a liquor license renewal application for Schroeder Colorado Inc., DBA Eagle Claw Trading Post & Liquor Store, located at 4321 S US Hwy 160/491, Cortez, CO.  Commissioner Koppenhafer moved to approve the Eagle Claw Trading Post and liquor store renewal, for Colorado beer and wine license, at 4321 South, US 160, Cortez Co.  Second by Commissioner Lindsay and carried.  (See attached)

ECONOMIC DEVELOPMENT: Economic Development Coordinator, Jessica Thurman met with the Commissioner to give a monthly report.  Topics discussed included; the Montezuma Community Collective, the Outdoor Recreation Grant Community Engagement meetings, the Fairgrounds Flea Market program, the Community Cleanup program, grant updates, the attended National Association of Development Organizations Denver Conference, Roadmaps Ideas to Action exchange, the Southwest Opioid Response District, the Southwest Education Collaborative, the Colorado Department of Labor and Employment, attended Housing meetings along with  the County’s housing survey.   (See attached)

EXECUTIVE SESSION: Pursuant to Attorney MacLaren’s suggestion, Commissioner Lindsay moved to go into executive session for a conference with the attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4)(b) and to include Commissioners Candelaria, Lindsay and Koppenhafer, Administrator Anderson, Attorney MacLaren and Clerk Percell, seconded by Commissioner Koppenhafer and carried.  The purpose of the executive session will be to discuss matters related to a janitorial contract between Montezuma County and CARE.  Commissioner Lindsay moved to come out of executive session, seconded by Commissioner Koppenhafer and carried.   (See attached)

COUNTY ATTORNEY REPORT: County Attorney, Ian MacLaren gave an update on the Ironwood Case, the Ellis Lewis Land Use case, the scheduled County Attorney Conference and Unemployment benefit hearings. 

ADMINISTRATOR REPORT: County Administrator, Travis Anderson discussed the attended CCI Conference, a discussion held with Assessor Bugg relating to the property tax rates, the scheduled Town of Dolores Law Enforcement Services Contract meeting and an increase to CCI dues.

COUNTY COMMISSIONER REPORT: Topics discussed within the Commissioners reports included: Commissioner Koppenhafer reported on the attended Town of Mancos Board meeting, the attended Triple A meeting and gave an update from the Southwest Water Conservation meeting.  Commissioner Lindsay reported that he had the honor to hand out the Empire Electric scholarship awards, discussed the attended Housing Solutions meeting, the American Legions Memorial Day Services, Rodeo Week and discussed Veterans suicide.  Commissioner Candelaria discussed the attended CCI legislative meeting, and the Monday Workshop.

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

CORRESPONDENCE: The following correspondence was read and noted: Email from Mindy Nelsen

MEETING ADJOURNED: 11:28 a.m.

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Clerk                                 June 6, 2023                       Chairman