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BOCC Minutes February 7, 2023



February 7, 2023





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At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday February 7, 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 (By Zoom)

Travis Anderson, County Administrator

Ian MacLaren, County Attorney

Kim Percell, County Clerk


CHAIRMAN, CANDELARIA opened the meeting of February 7, 2023 with the Pledge of Allegiance.


MINUTES: Commissioner Lindsay moved to accept the minutes of the Proceedings of the Board of Commissioners Montezuma County, Colorado dated Tuesday, January 31, 2023 as amended.   Motion was seconded by Commissioner Candelaria and carried.


PLANNING: Planning Director, Don Haley along with Assistant, S. Jane Duncan presented for signatures a Mylar for a 5 Lot Moderate Subdivision and Rezoning, submitted by Mark Lowe Investments, LLC, on property located at TBD Road 32, Mancos, CO, consisting of 35.23 acres, more or less, located south of Road P, east of Road 32, situated in Section 1, T.36N, R.15W, N.M.P.M.

PLANNING: Director, Haley along with Assistant, Duncan presented for signatures a third amendment to High Impact Permit #101 & Special Use Permit #14-2022, submitted by Basin Co-op, INC; agent: Don Dukart, on property located at 11654 Hwy 491, Cortez, CO, consisting of 9.87 acres, more or less, situated in Section 15, T.36N, R.16W, N.M.P.M.

PUBLIC COMMENT: No public comments made.


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 February, 2023 and gave an overview of the type of work scheduled. Topics discussed within the schedule included, snow removal, general equipment maintenance, tree trimming, yard work, fuel capacity, crushing and chip seal.

A discussion was held regarding a change to the turn around and snow plow route on Road 41. The new turn around will now be at the Wallace property, with the No Winter Maintenance and No Parking signs placed in the proper areas.  The Commissioners were in agreement to make the snow plow route change.

Superintendent Englehart presented the USDA Forest Service Beaver Pit Rim Contract #MM-0213-BR-2023 for approval.  Commissioner Lindsay moved to adopt Contract #MM-0213-BR-2023 a contract for the sale of mineral materials with the United States Department of Agriculture, aka the Forest Service.  Second by Commissioner Candelaria and carried.

Superintendent Englehart reported that currently the Dolores and Mancos Road Districts had been temporarily consolidated.  He made a request to permanently consolidate the Districts.  The Commissioner were in agreement at this time, to make the consolidation permanent.  (See attached)

LANDFILL: Landfill Manager, Mel Jarmon gave his monthly report which included the 2023 Landfill budget spread sheet.  Topics discussed with the report included; the mattress income received, a future presentation of the End of Year Totals Report, the building of a compost pad, the design and development of Cell #5, recyclables, cardboard, office paper and plastics sold, maintenance, equipment purchased, spent capital funds, the Ironwood chips, erosion control on slopes, equipment repairs and a future bailing wire purchase. (See attached)


FAIRGROUNDS: Fairgrounds Manager, Justin McGuire gave his monthly report which included the year to date numbers.  Year to date numbers included; 925 in attendance, Revenues at $17,173.00 and Expenditures at $14,722.06.  A discussion was held regarding past and future events scheduled at the Fairgrounds.  Manager, McGuire made a request to expand the Winter Practice sessions to include the weekends.  The Commissioners were in agreement to have winter practices on the weekends.  Other topics discussed included: general maintenance painting projects, the outdoor restrooms remodel project, the Race Track Contract, the scheduled Ag Expo, Home & Garden Show and Gun Show events and an update on the Suppression System Project.   (See attached)


NOXIOUS WEED DEPARTMENT: Weed Department Manager, Bonnie Loving met with the Commissioners to give a monthly report.  RESOLUTION #5-2023, a resolution to approve the proposed amended, Montezuma County Weed Management Plan was presented for approval.  Commissioner Lindsay moved to adopt Resolution #5-2023, the Montezuma County Weed Plan as amended.  Second by Commissioner Koppenhafer and carried.  Other topics discussed included: upcoming meetings / events and an update on Grant statuses. (See attached)



DISCUSSION: A discussion was held with Road Superintendent Englehart regarding proposed Chicken Creek Parking Areas, on Road W, Road 40, Road 42 and Road 44.  The Road 40 parking area decision was postponed.  It was decided that a loop through could be done on Roads 44, Road 42 and Road W.  (See attached)


DISCUSSION: A discussion was held regarding the Sheriff’s request for Roll-Over Funds, Pre-trial Services and the Ute Mountain Casino Contract budgets.  Chairman Candelaria reported that all Roll-over funds are returned to the General Fund.  The Pre-trial Services budget included a transfer of 2 line items from Pre-trial to the Detention budget.  The Ute Mountain Casino Contract will be updated and presented in the future. (See attached)


DISCUSSION: A discussion was held regarding the Noxious Weed Department increase in fees. Topics discussed included: an increase in fees for the excavator cost and the backpack sprayer program.  Commissioner Lindsay moved to approve the Noxious Weed Department fees for 2023.  Second by Commissioner Koppenhafer and carried.  (See attached)


LIQUOR LICENSE: Deputy Clerk, Malinda Fuller presented a liquor license renewal application for, Bubba J’s., located at 18806 Hwy 491, Lewis, Co.  Commissioner Lindsay moved to approve the liquor license renewal for Bubba J’s, DBA Bubba’s, at 18806 Hwy 491 Lewis Co.  Second by Commissioner Lindsay and carried.  (See attached)


DISCUSSION: A discussion was held regarding the Montezuma County Public Health, Department of Health Care Policy and Financing, contract #21160389A3. The Contract Amendment #3 Options for Long Term Care, was presented for approval.  Commissioner Lindsay moved to approve Contract Amendment #3 with the Department of Health Care, for Long Term Health Care in Montezuma County, the original contract number was 21-160389, the amended contract number is 21-160389A3.   Second by Commissioner Koppenhafer and carried.  (See attached)


LODGERS TAX COMMITTEE: Committee Chairman, Lee Cloy along with Committee Secretary, Brian Bartlett met with the Commissioners to discuss the Lodgers Tax applications and committee appointments.  Chairman Cloy reported that Mr. Bartlett’s previous appointment needed to be corrected from a two year term to a three year term.  Commissioner Lindsay moved to appoint Brian Bartlett for the rest of his three year term.  Second by Commissioner Candelaria and carried.  Two letters of interest from Lana Kelly and Kathy Zubrzycki were presented for consideration.  Chairman Cloy also offered to stay on the Committee for a one year term to help with the transition to the new Committee.  Commissioner Lindsay moved to appoint Lana Kelly for a three year term, Kathy Zubrzycki for a three year term and Lee Cloy for an additional one year term, to the Lodgers Tax Committee.  Second by Commissioner Koppenhafer and carried.  (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 and Lindsay, Administrator Anderson, Attorney MacLaren, Clerk Percell and Commissioner Koppenhafer by phone.  Seconded by Commissioner Candelaria and carried.  Topics for the executive session were legal tactics of negotiation, legalities and procedure regarding litigations pertaining to the Road 41 case.  Commissioner Lindsay moved to come out of executive session, seconded by Commissioner Candelaria and carried.  (See attached)


ECONOMIC DEVELOPMENT: Economic Development Coordinator, Jessica Thurman met with the Commissioner to give a monthly report.  Topics discussed included; the submission of the letter of intent for the Opportunity Now Grant for Work Force Development, marketing and the development of a community perspective, requests for letters of support sent, attended listening sessions put on by the Montelores Early Childhood Council, community conversations regarding childcare resources, a childcare Facebook survey, a presentation with Region 9 to the Ute Mountain Ute Tribal Council regarding the Community Engagement Plan and the Implementation Project and fostering relationships for a property cleanup project.

COUNTY ADMINISTRATOR REPORT: County Administrator, Travis Anderson reported on the conversation held with Economic Development Coordinator, Jessica Thurman and Landfill Manager, Mel Jarmon regarding funds set aside for property cleanup and the development of a proposed Property Cleanup Voucher Program.  Other topics discussed included; administrator conversations regarding roll-over funds and a review of the Detox (IGA) Intergovernmental Agreement.


COUNTY COMMISSIONER REPORT: Topics discussed within the Commissioners reports included: Commissioner Lindsay discussed constituent meetings and phone calls, the scheduled Cortez City Council meeting and the Monday Work Session.  Commissioner Koppenhafer no report given.  Commissioner Candelaria reported on the (STAC) State Transportation Advisory Committee meeting, the NACO check in and the scheduled Conference in Washington, proposed legislation to help with funding for Noxious Weed State mandates and Monday’s work session.

MOTION TO ADJOURN: Commissioner Lindsey moved to adjourn, seconded by Commissioner Candelaria and carried.

CORRESPONDENCE: The following correspondence was read and noted: Email from Ingrid Ward and a letter from the San Juan Sledders Snowmobile Club.





_______________________________                       ____________________________

Clerk                     February 7, 2023                              Chairman

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Jim Candelaria (District 1)
Phone: (970) 749-3841
Vice Chairman
Kent Lindsay (District 2)
Phone: (970) 560-1471
Commissioner of Deeds
Gerald Koppenhafer (District 3)
Phone: 970-749-0262
Contact Montezuma County Vice-Chairman, Jim Candelaria  (District 1)
Contact Montezuma County Commissioner Kent Lindsay (District 2)
Contact Montezuma County Commissioner Gerald Koppenhafer (District 3)