BOCC Minutes January 20, 2026

PROCEEDINGS OF THE BOARD OF COMMISSIONERS

MONTEZUMA COUNTY, COLORADO

January 20, 2026

STATE OF COLORADO           )

                                                     ) ss.

COUNTY OF MONTEZUMA   )

At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday January 20, 2026 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, Absent

Jerri Frizzell, Deputy Clerk,

CHAIRMAN CANDELARIA opened the meeting of January 20, 2026 with the Pledge of Allegiance.

MINUTES: Commissioner Koppenhafer moved to approve the Proceedings of the Board of County Commissioners for Montezuma County, held on Tuesday, January 13, 2026 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 a proposed Subdivision Amendment Application to Lots 17 and 18 of the Butler Subdivision, submitted by Scott & Gayle Mabery, on property located at 23950 Road 37, Dolores, CO, consisting of 0.63 acres, more or less and Darren & Candida Gemmill, on property located at 23962 Road 37, Dolores, CO, consisting of 2.09 acres, more or less, both located east of Hwy 145, situated in Section 14, Township 38N, Range 14W, N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.   Mr. and Mrs. Mabrey 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 Application to Lots 17 and 18 of the Butler Subdivision, submitted by Scott & Gayle Mabery, on property located at 23950 Road 37, Dolores, CO, consisting of 0.63 acres, more or less and Darren & Candida Gemmill, on property located at 23962 Road 37, Dolores,.  Second by Commissioner Koppenhafer and carried.  Commissioner Candelaria closed the hearing at this time.  (See attached)

PLANNING: Planning Director, Don Haley along with Assistant, S. Jane Duncan presented for signatures a Mylar of a 14.5-acre Single Lot Development & Rezoning submitted by GCU, LLC; agent: Jessamin Joanne Goode, on property located at 10420 Hwy 491, Cortez, CO, consisting of 67.22 acres, more or less, located east of Hwy 491, south of Road L, situated in Section 22, Township 36N, Range 16W, N.M.P.M.

PUBLIC COMMENT: Public comment was made by Allen Maez. 

Item (s) Needing Individual Consideration

LIQUOR LICENSE:  Deputy Clerk, Jerri Frizzell, presented for approval and signatures a Retail Liquor License Renewal Application for Triple H&J Inc DBA Smitty’s Liquor’s, located at 10255 Hwy 491, Cortez CO.  Commissioner Koppenhafer moved to approve the Retail Liquor License renewal application for Triple H&J INC., doing business as Smitty’s Liquors at 10255 Hwy 491, Cortez.  Second by Commissioner Lindsay and carried.  (See attached)

COUNTY ATTORNEY REPORT: County Attorney, Stephen Tarnowski discussed Assistant County Attorney, Gus Maxwell joining the BOCC meetings on a more regular basis.  Other topics discussed included: Land Use, the Ironwood Property litigations, discussions with the Public Health Department related to the proposed Intergovernmental Agreement with Dolores County, and preparing for the OWTS issue that will be included in the scheduled Board of Public Health meeting. 

COUNTY ADMINISTRATOR REPORT: Administrator Anderson discussed attended Road & Bridge Department meetings, equipment upgrades, Road & Bridge Foreman interviews held, an available Level II mechanics position, reviewed the Magellan Strategies sales tax proposal, clarification of information related to tax roll properties and the attended Dispatch Accountability meeting. 

BOARD OF COUNTY HEALTH:  Chairman Candelaria announced a recess of the Board of County Commissioner and would convene as the Board of County Health.   Chairman Candelaria announced the meeting was adjourned as the Board of County Health and reconvened as the Board of County Commissioners.

COUNTY CLERK & RECORDER:  Deputy Clerk, Jerri Frizzell reported that Clerk Percell was attending the Colorado County Clerk Association conference. 

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

Commissioner Koppenhafer gave an overview of the attended Mancos Town meeting, announced the Montezuma Valley Irrigation meeting scheduled for Saturday January 24^th, and mentioned a conference call held with Representative Hurd’s staff related to the NCA.   

Commissioner Lindsay gave an overview of the attended City of Cortez Council meeting, mentioned the attended Dispatch Accountability meeting and the attended Traveling Town Hall event. 

Commissioner Candelaria gave an overview of the attended State Fire Commission meetings, mentioned the Governor’s Pine Beetle Executive Order # 25-001, the Traveling Town Hall event and made a clarification of members serving on the Planning & Zoning Board as 5 Board Members with one alternate.    

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).  Seconded by Commissioner Koppenhafer and carried.  Included in the session will be Commissioners Candelaria, Lindsay and Koppenhafer, Administrator Anderson, Attorney Tarnowski and Deputy Clerk Frizzell.  Topics for the executive session were legal advice on the Ironwood Property litigation.  Commissioner Lindsay moved to go out of executive session, seconded by Commissioner Koppenhafer and carried.  Attorney Tarnowski reported that he gave legal advice on the Ironwood Property litigations, no decisions were made, they did not discuss any topic other than those that were noticed and no one was present who wasn’t noticed as participating in the meeting.   (See attached)

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

CORRESPONDENCE: The following correspondence was read and noted: 

ADJOURNED: 10:46 a.m.

___________________________                              ____________________________

Clerk        January 20, 2026                                        Chairman