BOCC Minutes April 1 2025

PROCEEDINGS OF THE BOARD OF COMMISSIONERS

MONTEZUMA COUNTY, COLORADO

April 1, 2025

STATE OF COLORADO           )

                                                     ) ss.

COUNTY OF MONTEZUMA   )

At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday April 1, 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 April 1, 2025 with the Pledge of Allegiance.

MINUTES: Commissioner Koppenhafer moved to accept the Proceedings of the Board of County Commissioners of Montezuma County, for Tuesday, March 25, 2025 as presented.  The 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 the addition of a Variance and After-the-Fact Variance section to the County Land Use Code.  Planning Director, Don Haley along with Assistant, S. Jane Duncan presented the details of the proposed additional section to the Land Use Code.  County Attorney, Stephen Tarnowksi reviewed the definitions of the addition to Section 9104 to the Land Use Code, the list of criteria for the Board of Adjustment and the fees associated with the variance application.  Commissioner Candelaria opened the hearing to public comment.  Public comment was made by Allen Maez.  Hearing no further public comment, that portion of the hearing was closed.  After hearing all the evidence presented, Commissioner Koppenhafer moved to accept the addition of a Variance and After-the-Fact Variance section to the Montezuma County Land Use Code, as presented.  Second by Commissioner Lindsay and carried.  Attorney Tarnowski will present a resolution, to adopt this update to the Land Use Code.  Commissioner Candelaria closed the hearing at this time.  (See attached)

PUBLIC COMMENT: Public comment was made by Allen Maez, Lori Mott and Laurie Hall.  (See attached)

UNFINISHED BUSINESS:

APPOINTMENTS: During the Monday Workshop, Extension Director, Emily Lockard presented a letter of interest from Abdel Berrada to be reappointed to the CSU Extension Advisory Committee.  Commissioner Lindsay moved to reappoint Abdel Berrada to the Extension Advisory Committee.  Second by Commissioner Koppenhafer and carried. (See attached)

RESOLUTION: Resolution #4-2025, a Resolution of Montezuma County, Colorado, adopting a General Fund Reserve Policy was presented by the Montezuma County Finance and Budget Manager, Robert Dobry.  Commissioner Koppenhafer moved to approve Resolution #4-2025 a resolution of Montezuma County, adopting a General Fund Reserve policy.  Second by Commissioner Lindsay and carried.  (See attached)    

DISCUSSION: During the Monday Workshop, Assessor Leslie Bugg along with Attorney Tarnowski discussed the finalization of a 2012 land exchange with the Dunn Living Trust at Hwy 184 and Road 23.  No action was taken at this time.  Attorney Tarnowski will present a new resolution at a future meeting.  (See attached)  

NEW BUSINESS:

SPECIAL EVENT LIQUOR LICENSE: Deputy Clerk, Jerri Frizzell, presented for approval a Special Event liquor license application for the Montezuma County Fair Board, event to be held at the Montezuma County Fairgrounds, 30100 Hwy 160 Cortez Co., scheduled July 25, 2025 through August 2, 2025.  Commissioner Lindsay moved to accept the Special Event liquor license application for the Montezuma County Fair Board, event to be held at the Montezuma County Fairgrounds, 30100 Hwy 160 Cortez.  Second by Commissioner Koppenhafer and carried.  (See attached) 

SPECIAL EVENT LIQUOR LICENSE: Deputy Clerk, Frizzell presented for approval a Special Event liquor license application for the Ute Mountain Round Up Rodeo.  The event is scheduled to be held at the County Fairgrounds, 30100 Hwy 160 Cortez Co., from June 12, 2025 through June 14, 2025.  Commissioner Koppenhafer moved to approve the Special Events application for a liquor license, for the Ute Mountain Round Up Rodeo, at 30100 Hwy 160 Cortez.  Motion was seconded by Commissioner Lindsay and carried. (See attached)

LIQUOR LICENSE RENEWAL: Deputy Clerk, Frizzell presented a liquor license renewal for Echo Basin Ranch LLC, located at 43747 Road M, Mancos.  Commissioner Lindsey moved to accept the retail liquor license renewal application for Echo Basin LLC., located at 43747 Road M, Mancos.  Second by Commissioner Koppenhafer and carried.   (See attached)

TRANSFER ORDER: Finance and Budget Manager, Robert Dobry presented Transfer Order #4-2025, a transfer $38,446.05 from the General Fund (001) to Senior Services and Transportation Fund (072) to transfer Travelers Insurance reimbursement funds received into general fund ($29,287.10 check #98900314, $22,816.97 check#98781274, $1,000 check #99043536 net $14,658.02 paid out in 2024) to pay for MoCo transportation bus repair.  Commissioner Lindsay moved to approve Order #4-2025, a transfer $38,446.05 from the General Fund to Senior Services and Transportation Fund. Second by Commissioner Koppenhafer and carried.   (See attached)

TRANSFER ORDER: Manager, Dobry presented Transfer Order #5-2025, a transfer $6,000,000 from the General Fund (001) to Capital Fund (055) for future capital expenditures.   Commissioner Koppenhafer moved to approve Order #5-2025, a transfer $6,000,000 from the General Fund to Capital Fund for future capital expenses.  Second by Commissioner Lindsay and carried.   (See attached)

TRANSFER ORDER: Manager, Dobry presented Transfer Order #6-2025, a transfer $1,000,000 from the General Fund (001) to Contingency Fund (054) to provide for expenditures caused by an act of God, or the public enemy, or some contingency that could not have been reasonably foreseen at the time of adoption of the budget (CO Rev Stat § 30-25-107).  Commissioner Lindsay moved to approve Order #6-2025, a transfer $1,000,000 from the General Fund to Contingency Fund, to provide for expenditures caused by an act of God, or the public enemy, or some contingency that should not have been reasonably foreseen at the time of adoption of the budget.  Second by Commissioner Koppenhafer and carried.   (See attached)

COUNTY ATTORNEY REPORT: Attorney, Stephen Tarnowski gave updates on the scheduled Sheriff’s sale of the Ironwood property, the Kelroy Newman case. the FOP Unionization Election, the DU law students Alternative Spring Break Program in Montezuma County and his court appearance schedule.

COUNTY ADMINSTRATOR REPORT: Administrator, Travis Anderson discussed, public service issues addressed at the Fairgrounds, the Magchloride distribution program, JBBS grant funds, posting of the job description for the Road Superintendent position, the redevelopment of the Teen Maze, reimbursements for expenses provided for the CIP Program funding, a proposed HR software purchase, the attended Collective bargaining FOP Unionization Election, a Sheriff’s Deputy that was involved in a vehicle accident, and the CCI emergency CDPHE funding meeting related to the discontinuation of the COVID Funds.

PAYABLE EXPENDITURE REPORT: Administrator, Travis Anderson presented for approval, the January 2025 Accounts Payable Expenditure Reports in the amount of $4,369,336.89.  Commissioner Koppenhafer moved to approve the payables for January 1, 2025 through January 31, 2025 in the amount of $4,369,336.89.  Second by Commissioner Lindsay and carried.   (See attached)

PAYABLE EXPENDITURE REPORT: Administrator, Travis Anderson presented for approval, the December 2024 Accounts Payable Expenditure Reports in the amount of $3,760,570.84.  Commissioner Koppenhafer moved to accept the payables for December 1, 2024 through December 31, 2024, in the amount of $3,760,570.84.  Second by Commissioner Lindsay and carried.   (See attached)

PAYABLE EXPENDITURE REPORT: Administrator, Travis Anderson presented for approval, the February 2025 Accounts Payable Expenditure Reports in the amount of $3,714,918.98. Commissioner Koppenhafer moved to accept the payables for Montezuma County for February 1, 2025 through February 28, 2025 in the amount of $3,714,918.98.  Second by Commissioner Lindsay and carried.   (See attached)

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

COUNTY COMMISSIONER REPORT: Topics within the Commissioners reports included:

Commissioner Lindsay reminded constituents that the Commissioners do not comment or review anything related to upcoming Planning issues. Other topics discussed included the attended Cortez City Council meeting, the Monday Workshop and Social Media posts.  

Commissioner Koppenhafer reported that the previously scheduled Town of Mancos Board meeting had been cancelled and gave an overview on the attended, Southwest Water Conservation Board meetings.

Commissioner Candelaria mentioned the attended CDPHE funding meeting, the collective bargaining FOP Unionization Election, a cost benefit analysis for all departments, and the required majority or unanimous votes for all Board decisions.

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

CORRESPONDENCE: The following correspondence was noted: the April 2025 Senior Services Newsletter, and an email from David R. Ross. 

ADJOURNED: 10:10 a.m.

___________________________                              ____________________________

Clerk        April 1, 2025                           Chairman