BOCC Minutes July 22, 2025

PROCEEDINGS OF THE BOARD OF COMMISSIONERS

MONTEZUMA COUNTY, COLORADO

July 22, 2025

STATE OF COLORADO           )

                                                     ) ss.

COUNTY OF MONTEZUMA   )

At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday July 22, 2025, 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

Stephen Tarnowski, County Attorney

Kim Percell, County Clerk

CHAIRMAN CANDELARIA opened the meeting of July 22, 2025, with the Pledge of Allegiance.

MINUTES: Commissioner Koppenhafer moved to approve the Proceedings of the Board of County Commissioners of Montezuma County, for Tuesday, July 8, 2025 as presented.  The motion was seconded by Commissioner Lindsay and carried.

RESOLUTION: As part of the proceedings of Tuesday July 8, 2025, County Attorney Stephen Tarnowksi, presented as an addendum to the minutes, Resolution 10-2025 a resolution of the Board of County Commissioners of Montezuma County, Denying the High Impact Permit Application submitted by Leaf Properties Inc.  Commissioner Koppenhafer moved to approve Resolution 10-2025 a resolution of the Board of County Commissioners of Montezuma County, Denying the High Impact Permit Application submitted by Leaf Properties Inc.  Second by Commissioner Lindsay and carried. (See attached)

PUBLIC HEARING: It being the time set aside a public hearing is held for review and determination regarding of a proposed High Impact Permit Application, submitted by Lamp Post Creative Learning Center; agent: Nicholaus & Corinne Sandner, on property located at 32171 Hwy 160, Cortez, CO, consisting of 65.22 acres, more or less, located north of Hwy 160, west of Road 34, situated in Section 25, Township 36N, Range 15W, N.M.P.M..  The roll was called, the public notice read, and the proceedings were recorded for the record.   Mr. & Mrs. Sandner 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.  Hearing no public comment, that portion of the hearing was closed.  After hearing all the evidence presented Commissioner Lindsay moved to accept the proposed High Impact Permit Application, submitted by Lamp Post Creative Learning Center; agent: Nicholaus & Corinne Sandner, on property located at 32171 Hwy 160, Cortez.  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 a Boundary Line Adjustment Application submitted by Michael Merkley & Leslie Lewis, on property located at 28251 Road H.6, Cortez, CO, consisting of 11.27 acres, more or less and 842 Holdings, LLC, on property located at 28255 Road H.6, Cortez, CO, consisting of 40.70 acres, more or less, both located south of Hwy 160, east of Road 27, situated in Section 23, Township 36N, Range 15W, N.M.P.M.   Attorney Paul Kosnik representing the parties was present.   Commissioner Koppenhafer moved to approve the Boundary Line Adjustment Application submitted by Michael Merkley & Leslie Lewis, on property located at 28251 Road H.6, Cortez, CO.  Second by Commissioner Lindsay and carried. (See attached)

Director, Haley along with Assistant, Duncan presented for signatures a Mylar for a 2 Lot Minor Subdivision and AR10-34 Rezoning, submitted by Adam & Brittany Bryan, on property located at 26510 Road K.5, Cortez, CO, consisting of 35 acres, more or less, located north of E. Empire Street, west of Hwy 145, situated in Section 24, Township 36N, Range 16W, N.M.P.M.

PUBLIC HEARING: It being the time set aside a public hearing is held for review and determination regarding of a proposed Subdivision Amendment and Rezoning Application to Lot 1 of the Pinyon Perch Subdivision, submitted by Tova Spector, on property located at 13699 Road 32.4, Mancos, CO, consisting of 21.16 acres, more or less, and Boundary Line Adjustment Application, submitted by Tova Spector & Catherine Kraus, on properties located at 13699 Road 32.4 & 32289 Road P, Mancos, CO, consisting of 21.16 acres & 5.62 acres, more or less, both  located west of Road 33, north of Road P, situated in Section 1, Township 36N, Range 15W, N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.   Ms. Spector and Ms. Kraus 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.  Hearing no public comment, that portion of the hearing was closed.  After hearing all the evidence presented Commissioner Lindsay moved to accept the proposed Subdivision Amendment and Rezoning Application to Lot 1 of the Pinyon Perch Subdivision, submitted by Tova Spector, on property located at 13699 Road 32.4, Mancos, CO, consisting of 21.16 acres, more or less, and Boundary Line Adjustment Application, submitted by Tova Spector & Catherine Kraus, on properties located at 13699 Road 32.4 & 32289 Road P, Mancos.  Second by Commissioner Koppenhafer and carried. Commissioner Candelaria closed the hearing at this time.  (See attached)

Director, Haley along with Assistant, Duncan presented for discussion and approval of an Amendment to Resolution P-30A-87 submitted by Danny & Linda Archibeque, on property located at 33281 Road M, Mancos, CO, consisting of 10.00 acres, more or less and Mary Roessel & Edward Neidhardt, on property located at TBD Road M, Mancos, CO, consisting of 52.50 acres, more or less, both located north of Road M, east of Road 33, situated in Section 7, Township 36N, Range 14W, N.M.P.M.  Mrs. Archibeque was present.  Commissioner Koppenhafer moved to approve this boundary line adjustment at 33281 Road M, Mancos, consisting of 10.00 acres, more or less, and property located at TBD Road M, consisting of the original 10.00 acres and 52.50 acres, exchange of 5.00 acres to be added to the 10.00 acres. Second by Commissioner Lindsay and carried.  (See attached)

Director, Haley along with Assistant, Duncan presented for signatures a Mylar for an Amendment to Resolution P-30A-87 submitted by Danny & Linda Archibeque, on property located at 33281 Road M, Mancos, CO, consisting of 10.00 acres, more or less and Mary Roessel & Edward Neidhardt, on property located at TBD Road M, Mancos, CO, consisting of 52.50 acres, more or less, both located north of Road M, east of Road 33, situated in Section 7, Township 36N, Range 14W, N.M.P.M.

PUBLIC COMMENT: Public comment was made by Allen Maez.

BOARD OF SOCIAL SERVICES MONTHLY REPORT: It being the time set aside, the Board of Social Services was conducted.  Director, Kelli Hargraves and Finance Officer, Lori Higgins were present.  (See attached)

During the Monday Workshop Director Hargraves presented for approval the following:

MOCO Public Transit, CDOT admin/Operating 5311 Grant application in the amount of $171,033.63.  Commissioner Koppenhafer moved to approve the Montezuma County Grant Application Submission Form, for MOCO Public Transit, through the grant funder CDOT, in the amount of $171,033.63.  Second by Commissioner Lindsay and carried. (See attached)

Montezuma County CORE Services Plan, the second year of a three-year plan.  Commissioner Koppenhafer moved to approve the CORE Services Plan, the second year of a three-year plan, for Montezuma County.   Second by Commissioner Lindsay and carried.  (See attached)

OAA Service Contract between the San Juan Basin Area on Aging Inc. and Montezuma County Senior Services.  Commissioner Koppenhafer moved to approve the Service Contract between the San Juan Basin Area on Aging Inc. and Montezuma County Senior Services, as presented.  Second by Commissioner Lindsay and carried.  (See attached)

State of Colorado Intergovernmental Agreement with the Department of Health Care Policy and Financing Contract #26-198127.  Commissioner Koppenhafer moved to approve the State of Colorado Intergovernmental Agreement between the Department of Health Care Policy and Financing and Montezuma County, contract #26-198127.   Second by Commissioner Lindsay and carried.  (See attached)

Montezuma County Grant Application Submission Forms to the Town of Dolores, City of Cortez and Town of Mancos, to help fund Senior Services within those communities. Commissioner Koppenhafer moved to approve the three Montezuma County Grant Application Submission Forms, one for the Town of Dolores, one for the City of Cortez and one for the Town of Mancos, in the amount of $5000.00 each.  Second by Commissioner Lindsay and carried. (See attached)

Letter of Support, addressed to the Colorado Department of Transportation, DTR related to MOCO, FTA Section 5311 grant funds request. Commissioner Koppenhafer moved to sign the letter of support to the Colorado Department of Transportation, for MOCO relies on the FTA Section 5311 grant funds.  Second by Commissioner Lindsay and carried.  (See attached)   

UNFINISHED BUSINESS:

RESOLUTION: IsOLVED Payroll Software and Contract.  No action taken. 

FAIRGROUNDS ADA Parking: During the Monday workshop Fairgrounds Manager, Justin McGuire met with the Commissioners to discuss the ADA parking proposals.  The Commissioners agreed to proceed with option #2.  (See attached)   

NATURAL RESOURCES, PLANNING & PUBLIC LANDS: During the Monday Workshop, Resource Director, James Dietrich, presented for approval the GOCO, Paths to Mesa Verde segments C & D Mancos side Montezuma County Grant Application Submission Form, reimbursement amount $1,721,519.00.  Commissioner Koppenhafer moved to approve the Montezuma County Grant Application Submission Form for the Department of Natural Resources, for the Paths to Mesa Verde through GOCO in the amount of $1,721,519.00.  Second by Commissioner Lindsay and carried. (See attached)  

COUNTY CORONER: During the Monday workshop County Grant Coordinator, Faedra Grubbs presented the Montezuma County Grant Application Submission Form for the CDPHE,  OD2A (Overdose Data in action) – Toxicology Grant reimbursement in the amount of $45,000.00. Commissioner Koppenhafer moved to approve the Montezuma County Grant Application Submission Form, through the Coroner’s Department, for George Deavers, through the CDPHE, a reimbursement of $45,000.00. Second by Commissioner Lindsay and carried, (See attached)

Paths to Mesa Verde, State of Colorado Amendment #2, Project #MTF C320-005 was presented for approval.  Commissioner Koppenhafer moved to approve the State of Colorado Amendment #2 for the Paths to Mesa Verde project #MTF C320-005.  Second by Commissioner Lindsay and carried.   (See attached)

FLEET Auction Recommendations: Administrator Anderson presented for approval a list of Fleet Auction Recommendations.  Commissioner Lindasy moved to approve the fleet auction reduction plan as presented.  Second by Commissioner Koppenhafer and carried. (see attached)  

EXECUTIVE SESSION Pursuant to Attorney Tarnowski’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 for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiations under C.R.S. Section 24-6-402(4)(e).  Seconded by Commissioner Koppenhafer and carried.  Included in the session will be Commissioners Candelaria, Lindsay and Koppenhafer, Administrator Anderson, Attorney Tarnowski and Clerk Percell.  Topics of the executive session included: powers of the BOCC as it relates to controlling county finances and intergovernmental agreements, and for negotiations relating to an ongoing employment lawsuit.  Commissioner Lindsay moved to go out of executive session, seconded by Commissioner Koppenhafer and carried.   (See attached)

COUNTY ATTORNEY REPORT: Attorney Stephen Tarnowski mentioned the Child Protection court schedule, the attended meeting with Child Support staff and the two land exchange projects. 

COUNTY CLERK & RECORDER: County Clerk, Kim Percell, no report.

COUNTY ADMINISTRATOR REPORT: Administrator Anderson, discussed budget meetings, the new fleet vehicles, and personnel issues

COUNTY COMMISSIONER REPORT: Topics within the Commissioners’ reports included:

Commissioner Lindsay no report given.

Commissioner Koppenhafer mentioned he attended the Mancos Board of Trustees meeting.

Commissioner Candelaria no report given. 

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

CORRESPONDENCE: The following correspondence was read and noted:

ADJOURNED: 11:23 a.m.

___________________________                              ____________________________

Clerk        July 22, 2025                                              Chairman