BOCC Minutes July 29, 2025

PROCEEDINGS OF THE BOARD OF COMMISSIONERS

MONTEZUMA COUNTY, COLORADO

July 29, 2025

STATE OF COLORADO           )

                                                     ) ss.

COUNTY OF MONTEZUMA   )

At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday July 29, 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 29, 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 22, 2025 as presented.  The motion was seconded by Commissioner Lindsay and carried.

PLANNING: Planning Director, Don Haley along with Assistant, S. Jane Duncan for discussion and approval of an Amendment to Resolution P-17-97E submitted by Jerald & Jo Ann Cauley, on property located at 24720 Road L, Cortez, CO, consisting of 4.87 acres, more or less, and Frederick Reinfeld, on property located at 24654 Road L, Cortez, CO, consisting of 7.37 acres, more or less, both located south of Road L, east of Hwy 491, situated in Section 22, Township 36N, Range 16W, N.M.P.M.  Commissioner Lindsay moved to accept the  Amendment to Resolution P-17-97E submitted by Jerald & Jo Ann Cauley, on property located at 24720 Road L, Cortez, CO.  Second by Commissioner Koppenhafer and carried. (See attached)

Director, Haley along with Assistant, Duncan presented for signatures a Mylar and Amendment to Resolution P-17-97E submitted by Jerald & Jo Ann Cauley, on property located at 24720 Road L, Cortez, CO, consisting of 4.87 acres, more or less, and Frederick Reinfeld, on property located at 24654 Road L, Cortez, CO, consisting of 7.37 acres, more or less, both located south of Road L, east of Hwy 491, situated in Section 22, Township 36N, Range 16W, N.M.P.M.

PUBLIC COMMENT: No public comment was made. 

UNFINISHED BUSINESS:

GROUNDS AND BUILDINGS: During the Monday Workshop, Maintenance Supervisor, Dustin Sattler met with the Commissioners to present the Annex 3 Gas Line Replacement Project and the Sheriff’s Office Light Fixture Replacement bids.   Bids for the gas line replacement: Montezuma Vally Plumbing LLC., in the amount of $10,998.75.  Bids for the light fixture replacement: American Electric Company in the amount of $11,632.94 and Seginus Lighting in the amount of $10,277.24.  Commissioner Lindsay moved to accept the proposals for the gas line replacement project and the light fixture replacement project at the jail, as presented.  Second by Commissioner Koppenhafer and carried. (See attached) 

RESOLUTION: Administrator Anderson presented for approval Resolution #9-2025 a resolution Declaring the Intent of Montezuma County, Colorado to Issue Revenue Bonds in Connection with Financing Residential Facilities for Low-and Middle- Income Families or Persons.  Commissioner Koppenhafer moved to approve Resolution #9-2025, a resolution Declaring the Intent of Montezuma County, to Issue Revenue Bonds in Connection with Financing Residential Facilities for Low-and Middle-Income Families or Persons.  Second by Commissioner Lindsay and carried. (See attached) 

SETTLEMENT: Attorney Tarnowski presented for approval, the New National Opioids Settlement: Purdue.  Commissioner Koppenhafer moved to sign the New National Opioids Settlement, this documentation for Colorado local political subdivisions, to participate in the new National Opioids Settlement with Perdue. Second by Commissioner Lindsay and carried.  (See attached)

PUBLIC HEALTH: During the Monday Workshop Public Health Director Bobbie Lock presented the following documents for approval:

Intergovernmental Agreement for the provision of Public Health Services between La Plata County and Montezuma County.  Commissioner Koppenhafer moved to sign the Intergovernmental Agreement for the provision of Public Health Services between La Plata County and Montezuma County.  Second by Commissioner Lindsay and carried.  (See attached)

State of Colorado Department of Public Health and Environment Contract Amendment #2, the original contract was #2025*0132 and the amendment contract number is 2026*0040 amendment #2.   Commissioner Lindsay moved to authorize the Chairman to Docusign, the Colorado Department of Health and Environment Contract Amendment #2, the original contract number is 2025*0132 and the amendment is 2026*0040 amendment #2.  Second by Commissioner Koppenhafer and carried. (See attached)

Secure Transportation Service License and Permit applications for Guardian Transport & Security LLC.  Commissioner Koppenhafer moved to sign the Secure Transportation Service License and the Secure Transportation Service Vehicle Permit for Guardian Transport & Security LLC.  Second by Commissioner Lindsay and carried.  (See attached)

DISCUSSION: During the Monday Workshop the Planning Department presented options related to the December 31, 2025 deadline for counties with more than 20,000 people to comply to HB24-1173.  It was the recommendation of the Planning Department to adopt an ordinance or resolution stating that the local government does not wish to change its existing land use codes and opts out of revising its codes.  Commissioner Lindsay moved to authorize the staff to prepare an ordinance or resolution stating that the local government does not wish to change its existing land use codes and opts out of revising its codes as it pertains to House Bill 24-1173.  Second by Commissioner Koppenhafer and carried.   (See attached)

RESOLUTION: Attorney Tarnowski presented for approval Resolution #11-2025, a Resolution for Exemption at Highway 184/CR-25, a Resolution Creating a New Parcel of Land Pursuant to the Exemption Process.  Commissioner Koppenhafer moved to approve Resolution #11-2025, a Resolution Creating a New Parcel of Land Pursuant to the Exemption Process.   Second by Commissioner Lindsay and carried.  (See attached)

RESOLUTION: Attorney Tarnowski presented for approval Resolution #12-2025, a Resolution and Warranty Deed related to the Paul Dunn Land Transfer.  Commissioner Koppenhafer moved to approve Resolution #12-2025, to conduct a land exchange with the Paul Dunn Living Trust and the Montezuma Valley Irrigation Company related to the realignment of County Road 23.  Second by Commissioner Lindsay and carried. (See attached)

FINANCIAL AUDIT 2024: During the Monday Workshop Robert Dobry presented the 2024 Financial Audit.  Commissioner Lindsay moved to accept and adopt the 2024 financial audit and authorize the Chairman to sign documents associated with the basic financial statements.   Second by Commissioner Koppenhafer and carried.  (See attached) 

COUNTY ATTORNEY REPORT: Attorney, Stephen Tarnowski mentioned the Child Support court schedule, the new Assistant County Attorney and discussed the Ironwood property case. 

COUNTY ADMINISTRATOR REPORT:

PAYABLE EXPENDITURE REPORT: Administrator Anderson presented for approval the May 2025 Accounts Payable Expenditure Reports in the amount of $4,735,833.95.  Commissioner Lindsay moved to approve the payables for the month of May in the amount of $4,735,833.95.  Second by Commissioner Koppenhafer and carried.   (See attached)

PAYABLE EXPENDITURE REPORT: Administrator Anderson presented for approval, the June 2025 Accounts Payable Expenditure Reports in the amounts of $3,608,373.41.  Commissioner Lindsay moved to approve the June payables in the amount of $3,608,373.41.  Second by Commissioner Koppenhafer and carried.   (See attached)

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

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

Commissioner Koppenhafer invited everyone to the County Fair to support our youth.

Commissioner Lindsay gave an overview of the attended Cortez City Council meeting and mentioned several events scheduled at the County Fair.

Commissioner Candelaria discussed the attended interview session at the Housing Authority for the Executive Director position, the attended engineer meeting at the Fairgrounds related to the ADA project,  the Monday Workshop,  the discussion with Senator Cleve Simpson, and the attended Dolores Town Board meeting.   

EXECUTIVE SESSION Pursuant to Attorney Tarnowski’s suggestion, Commissioner Lindsay moved to go into an 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, Assessor Leslie Bugg and Clerk Percell.  Topics of the executive session included: training for the Board of Equalization Assessment Appeals Hearings.   Commissioner Lindsay moved to go out of the executive session, seconded by Commissioner Koppenhafer and carried.   (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: 10:00 a.m.

___________________________                              ____________________________

Clerk        July 29, 2025                           Chairman