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BOCC Minutes June 29, 2021



June 29, 2021





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At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday June 29, 2021 at the Montezuma County Administration building in Cortez, Colorado, there were present:




Jim Candelaria, Chairman

Kent Lindsay, Vice Chairman

Joel Stevenson, Commissioner of Deeds

Shalako Powers, County Administrator

John C. Baxter, County Attorney

Kim Percell, County Clerk




CHAIRMAN, CANDELARIA opened the meeting of June 29, 2021 with the Pledge of Allegiance.


MINUTES: Commissioner Stevenson moved to accept the minutes of the Proceedings of the Board of Commissioners Montezuma County, Colorado dated June 21, and June 22, 2021 as presented.  Motion was seconded by Commissioner Lindsay and carried.


PUBLIC HEARING: It being the time set aside a continued public hearing is held for review and determination regarding a proposed Solar Photovoltaic Electricity Generating Project submitted by Shawn & Kathy Wells, Glen Wells & Empire Electric Association; agent: Cortez Solar 2, LLC, on property located at 11501 Road 24, 11551 Road 24 & 23999 Road L.4, Cortez, CO, consisting of 67.69 acres, 37.27 acres, & 36.98 acres, more or less, all located north of Road L, west of Hwy 491, situated in Section 16, T.36N, R.16W, N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record. Commissioner Lindsay had previously recused himself from this hearing.  Planning Director, Don Haley reported that the applicants made a request to continue the public hearing to July 27, 2021 at 9:00 a.m.  Commissioner Candelaria moved to continue the hearing to July 27, 2021 at 9:00 a.m.  Second by Commissioner Stevenson and carried.  Commissioner Candelaria closed the hearing at this time.  (See attached)


PLANNING: Planning Director, Don Haley presented for discussion and approval of a proposed Variance Setback Application, submitted by Jerry & Susan Frye; agent: Marc Rosenbaum, on property located at 25368 Road T.5, Dolores, CO, consisting of 35.90 acres, more or less, located south of Road T.5 and east of Road 25, situated in Section 14, T.37N., R.16W., N.M.P.M.  Mr. Rosenbaum was present for the discussion.  Commissioner Stevenson moved to approve the proposed variance setback application, submitted by Jerry & Susan Frye, on the property located at 25368 Road T.5, Dolores.  Second by Commissioner Lindsay and carried.  (See attached)


PUBLIC COMMENT:  No public comments were made.


DISCUSSION: City of Cortez Municipal Clerk, Linda Smith and from the County Clerk & Recorder’s office, Clerk, Kim Percell, Chief Deputy, Lynn Dorenkamp and Elections Supervisor, Miranda Warren met with the Commissioners to discuss coordinated efforts for elections. 


COUTNY CLERK & RECORDER: County Clerk, Kim Percell met with the Commissioners to give a quarterly report.  Topics discussed included: the Digitization project, the KIOSK program, the November Coordinated Elections, the Redistricting project, 2020 election audits held in El Paso and Elbert Counties, future election recommendations from the Colorado County Clerks Association and a proposed Agiles Duo purchase.

DISCUSSION: Clay Tillia met with the Commissioners to discuss using the County Fairgrounds as a place for the community to light their personal fireworks.  Cortez Fire Chief, Jay Balfour was not in favor of any type of fireworks event at the County Fairgrounds.  The Commissioners were concerned with the current fire restrictions within the County and not in favor of the event.  Mr. Tillia made a request for future consideration, of a designated area, for families to enjoy their personal fireworks for the 4th of July holiday.


BID AWARD: Administrator Powers presented for review the received bids for the Landfill, HVAC unit.  Bids received included Comfort Air Mechanical in the amount of $13,740.00 and from Bishop Brothers Climate Control in the amount of $12,795.00.  The bids will be reviewed and the decision will be announced during the July 6, 2021 meeting.  (See attached)


UNFINISHED BUSINESS: Commissioner Candelaria discussed the Monday workshop presentation from Magellan Strategies LLC., for a proposed public opinion survey, regarding a ballot sales tax question.  Commissioner Lindsay made a motion to move forward with Magellan Strategies to do a survey for Montezuma County.  Second by Commissioner Stevenson and carried.  Commissioner Candelaria and County Attorney Baxter discussed the resignation of Attorney Baxter and the selection of Attorney Ian MacLaren as his replacement.


COUNTY ATTORNEY REPORT: County Attorney, John Baxter gave an update on the Road Y complaint and discussed a draft agreement regarding the Mancos Gravel pit.


NATURAL RESOURCES, PLANNING & PUBLIC LANDS: Resource Director, James Dietrich, no report given.      


COUNTY ADMINISTRATOR REPORT: Administrator Powers on behalf of Resource Director, James Dietrich, presented for approval, a letter addressed to the Canyons of the Ancients, Monument Manager, Ray O’Neil regarding the Flodine / Yellow Jacket grazing permits.   Commissioner Stevenson moved to sign the letter, to participate in the Section 106 Agreement for the proposed undertaking.  Second by Commissioner Lindsay and carried.  Administrator Powers discussed the Weed Department’s award of the Forest Service Agreement and a purchase of herbicides with the funds.  The Commissioners were in agreement to make a single budget amendment at the end of the year for this transaction.  Commissioner Lindsay moved to allow the Montezuma County Weed Department to purchase the herbicide as under the contract with the San Juan National Forest.  Second by Commissioner Lindsay and carried.   Other topics discussed included a public notice for a scheduled meeting to be held on July 3, 2021 at 2:30 and 3:15 p.m. with the Attorney General, the County’s yearly audit and the American Rescue Plan Funds.   (See attached)


COUNTY COMMISSIONER REPORT: Topics discussed within the Commissioners reports included: Commissioner Lindsay discussed the attended City of Cortez Council meeting, constituent phone calls, reading emails and being fire wise, the 30th anniversary of the American Disabilities Act and handicapped parking.  Commissioner Stevenson reported he was unable to attend the Mancos Town Board meeting but received an overview of the meetingOther topics discussed included; a discussion held with the Cortez Solar 2, constituent phone calls and the County follow up on the Road 21 property clean-up issue.  Commissioner Candelaria gave overviews of the attended Housing Authority meeting, the Monday workshop, the attended Dolores Town Hall meeting and the Governors call.


SOUTHWEST HEALTH SYSTEMS: CFO, Rick Shrader, introduced the new Interim CEO, Jeanette Flipi, and Interim CNO, Mary Ann Angle. Interim CEO Flipi, discussed process growth, the number of services offered, physician recruitment, rental property options, the new sleep lab, high altitude sleep studies, outreach opportunities, moving the wound care program to the hospital, plant operations, infrastructure, pediatrics and behavioral health.   Interim CNO, Angle gave updates on the current COVID 19 patients, visitor restrictions, visitor screening, following CDC guidelines for health care workers, vaccination sites, a Delta variant patient, the temporary closure of the lab draw station, hospital leadership positions, testing timelines and antibody testing.  CFO Shrader discussed the Financial Statements and Statistical Summary reports for the Month ended April 30, 2021.  (See attached)


CORRESPONDENCE: The following correspondence was read and noted:

MOTION TO ADJOURN: was made by Commissioner Lindsay seconded by Commissioner Stevenson and carried.



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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)