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BOCC Minutes March 23, 2021



March 23, 2021






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At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday March 23, 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 March 23, 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 March 16, 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 3 Lot Minor Subdivision and AR10-34 Rezoning Application submitted by Ted Clark; Agent: Maness & Associates, on property located at 26059 Road 38.5, Dolores, CO, consisting of 32.6 acres, more or less, located north of Hwy 145, east of Road 38, situated in Section 36, T.39N, R.14W, N.M.P.M..  The roll was called, the public notice read, and the proceedings were recorded for the record.  Planning Director, Don Haley with Assistant, S. Jane Duncan reported that the applicants made a request to continue the hearing to a later date.  Commissioner Stevenson moved to continue the proposed 3 lot subdivision and AR10-34 rezoning application by Ted Clark, and Maness & Associates, to May 4th, at 9:00 a.m.  Second by Commissioner Lindsay and carried.  Commissioner Candelaria closed the hearing at this time.  (See attached)


PLANNING: Other topics discussed within the Planning report included; corrected zoning designations for the Dolores RV Park and the Stoner RV Park and an update on the Road 21 property. 


ROAD & BRIDGE DEPARTMENT: Road Superintendent, Rob Englehart met with the Commissioners to present the Asphalt and Overlay Bids for 2021.  Bids received included: Four Corners Materials at $941,989.90.  Elam Construction came in at $1,163,924.00.  Commissioner Lindsay moved to award the bid to Four Corners Materials for the two paving projects.  Second by Commissioner Stevenson and carried.  Superintendent Englehart presented bids from Roller Auctions for a roller, and two plow / sand trucks in the amount of $42,429.90, to be purchased out of Capital Outlay Fund.  Commissioner Lindsay moved to accept the bid from Roller Auctions and the purchases for the Road Department.  Second by Commissioner Stevenson and carried.  Other topics discussed included, the scheduled meeting with the Ute Mountain Ute Tribe to discuss the McElmo Slip Project.  (See attached)


PUBLIC COMMENT: Appearing by zoom, VFW Auxiliary Secretary, Queenie Barz gave a review of the Saint Patrick dinner event and expressed gratitude to the Commissioners for their support.  Sherry Simmons, discussed Montezuma County as a Sanctuary County and made a request for an open meeting, inviting all of the County leaders for constitutional questions from the public. (See attached)  Allen Maez discussed the proposed Pause Act legislation, CSU participation in the Ag Expo and the proposed open meeting for County leaders.  


COMMUNITY CONNECTIONS: Vice President in Marketing and Development, Ellen Stein, along with participant, Kiri Buchanan met with the Commissioners to give an overview of Community Connections. Community Connections is an organization that helps developmentally delayed adults to thrive in our community.  A video was presented for review, and an expression of gratitude was extended for the funds received from the County. 


BOARD OF SOCIAL SERVICES MONTHLY REPORT: It being the time set aside, the Board of Social Services was conducted.  Director, Gina Montoya and Finance Officer, Lori Higgins were present.  (See attached)


VETERANS SERVICE: Veteran Service Officer, Rick Torres met with the Commissioners to give a monthly report.  A copy of the Colorado Department of Military and Veterans Affairs, County Veterans Service Officers Monthly Report and Certification of Pay, February 2021 was presented for the record.  Other topics discussed included; the February 2021 financial report, a review of office activities, statistical data and the indirect income to Montezuma County. Officer Torres discussed the Veterans Association’s allocation of the American Rescue Plan.  (See attached).


MONTEZUMA COUNTY PUBLIC TRANSPORTATION (MCCO): MCCO Manager, Jennifer Morris met with the Commissioners to give a monthly report. Topics discussed included; the 2021 vehicle grant funds, vehicle wraps, a proposed county vehicle replacement, proposed transportation legislation and a request for MCCO to join the Colorado Mountain Transportation Alliance.   Business owner of Cortez / Durango Cab, Ed Gilbert joined the meeting to discuss the Intelliride Program and HB 21-1206.  Topics discussed included; The Colorado Mountain Transportation Alliance, the Mountain NEMT Report, Medicaid transport permits, non-emergent medical transports, non-medical transports, coordination with private and public transportation providers, a rule making session request and a proposed Intelliride program exemption request.    (See attached)


SENIOR SERVICES: Administrative Assistant, Lori Thompson met with the Commissioners to give a departmental monthly report on the Senior Services programs.  Ms. Thompson discussed home delivered meals, the re-opening of the Cortez congregate meal program on Mondays and Wednesdays, the Mancos meal program search for a cook and the opening of the Dolores congregate meal program.    


CSU EXTENSION OFFICE: Extension Director, Gregory Felsen met with the Commissioners for a monthly report.  Topics of the discussion included; the March 2021 update, gratitude for the vehicle donated to the Food Security Action Team, the public drought video, development of emergency drought plans, a field day held at the Southwest Research Center, the Orchard Fruit Tree Project, the increase in calls and site visits, the 4-H program, stem kits, an AmeriCorps Vista position, the Cortez Farmers Market, hybrid programming and the proposed Workers Right Bill and the Pause Act legislation.     


RESOLUTION #4-2021: Commissioner Stevenson presented, Resolution #4-2021, a resolution Making Montezuma County a Sanctuary from the Wolf Introduction.  It was agreed that Commissioner Stevenson would apply to be the County representative to the Colorado Parks and Wildlife, Stakeholder Advisory Group.  Commissioner Stevenson moved to adopt Resolution #4-2021, making Montezuma County a sanctuary from the wolf introduction, on this day the 23rd day of March.  Second by Commissioner Lindsay and carried.  (See attached) 


COUNTY ATTORNEY REPORT: County Attorney, John Baxter, discussed the proposed E911 Dispatch Center’s Inter Governmental Agreement, the RV Parks corrected rezoning designations, a requested Elected Official Memo / meeting invite, the Trail Canyon Rd./RS 2477 (Road Y closed gate) issue and the CO2 Kinder Morgan appeal hearing.  (See attached)


COUNTY ADMINISTRATOR REPORT: EXPENDITURES REPORT: Administrator Shak Powers presented for approval the February 2021 Accounts Payable Expenditure Reports in the amount of $3,197,007.04. Commissioner Lindsay moved to approve the expenditures.  Second by Commissioner Lindsay and carried.   (See attached)


COUNTY COMMISSIONER REPORT: Topics discussed within the Commissioners reports included: Commissioner Lindsay discussed the attended E911 Communications meeting. Commissioner Stevenson discussed the attended, Saint Patrick day dinner, the E911 Communications meeting, the attended Cattleman Association’s Better with Beef campaign, House Bill 21-1115 and the proposed Pause Act legislation.  Commissioner Candelaria discussed a phone call from U.S. Senator John Hickenlooper’s Southwest Regional Representative, Helen Katich, the attended Saint Patrick day dinner, the Veterans Office video, the attended meeting with the Ute Mountain Ute Tribe to discuss the McElmo Slip Project, a new draft proposal for State transportation funding, an attended Region 9 meeting, the attended Cattleman Association’s Better with Beef campaign, the attended fund raiser for Fireman  Emil Hindmarsh, the attended County Commissioners of Southwest Colorado meeting and the attended Dolores Town Council meeting.  


Chairman Candelaria announced the adjournment of the meeting for the LUNCH break.

Chairman Candelaria announced the meeting would reconvene


WATER ISSUES:  From the Bureau of Land Management, Roy Smith, the Statewide Coordinator for the Water Rights program area, Instream Flow Protection program area and the Wild and Scenic Rivers program, met by zoom, to present an overview of Federal Water Rights and an NCA designation.  Mr Smith is also a representative to the Interagency Wild and Scenic Rivers Coordinating Council.  Zoom participants included: Alan Bitner, Amber Clark, Ashley Higgins, Celene Hawkins, Connie Jacobs, DC Commissioners (Dolores County), Don Schwindt, Hilary Cooper, Jeff Small, Jeff Widen, John Whitney, Keith Caddy, Kris Holstrom, Sue Hansen Montrose County, and Thomas B Rice.  (See attached)


EXECUTIVE SESSION: Pursuant to Attorney Baxter’s suggestion, Commissioner Candelaria moved to go into executive session for a conference with the attorney for the discussion of personnel matters under C.R.S. 24-6-402 (4) (f), and to include Commissioners Candelaria, Stevenson and Lindsay, Administrator Powers, Attorney Baxter, Clerk Percell, Social Service Director Gina Montoya, Amy Branson and Michelle Bridgewater Simmons, seconded by Commissioner Lindsay and carried.  Topics for the executive session were legal tactics of negotiation, legalities and procedure regarding personnel matters.  Commissioner Stevenson moved to go out of executive session, seconded by Commissioner Lindsay and carried.   Commissioner Lindsay moved to uphold the Director’s decision.  Second by Commissioner Stevenson and carried.    (See attached)


UNFINISHED BUSINESS: Administrator Powers discussed a previous request from the Tri City Chambers of Commerce to fund the relocation guide.  Commissioner Stevenson moved to donate $10,000.00 if available from the American Rescue Plan funds, if that fails we donate $5,000.00 from the Miscellaneous, Miscellaneous Fund.  Second by Commissioner Lindsay and carried.


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)