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BOCC Minutes March 30, 2021



March 30, 2021






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At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday March 30, 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 30, 2021 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 March 23, 2021 as presented.  Motion was seconded by Commissioner Stevenson and carried.


PLANNING: Director, Haley with Assistant, Duncan presented for signatures of a Variance to the setbacks, submitted by Harold W. Mosser on property located at 19740 Hwy 145, Dolores, CO, consisting of 1.84 acres, more or less, located south of Hwy 145, situated in Section 4, T.37N, R.14W, N.M.P.M.  Lara and H. Wayne Mosser were present. Commissioner Lindsay moved to approve the variance. Second by Commissioner Stevenson and carried.  Other topics discussed within the Planning report included; the corrected zoning designations for the Dolores RV Park and the Stoner RV Park, no response for two non-compliant certified property letters and the development of an Attorney letter for the second step within the process and a written non-consideration notification regarding the three mile zone applications statute for the City of Cortez’s Master Streets Plan.  (See attached)


PUBLIC COMMENT: Terra Graf, Roy Gelbhaus, Road Superintendent Englehart, Planning Director Haley, Attorney Baxter and GIS Specialist Rachel Medina discussed property owner issues on County Road P.2.  Topics discussed included; speed bumps that had been placed on the road by a property owner, the County’s road designation, a 30 foot access easement and public rights of way.  (See attached)  


ASSESSOR: Montezuma County Assessor, Leslie Bugg met with the Commissioners with a quarterly report.  Assessor Bugg introduced herself, gave her professional background and an overview of the duties of the Administration / Appraiser sections of the office.  Duties from the Administration side include; updates of ownership and address on all accounts, evaluations for oil and gas, evaluations for personal property possessory interest, sand and gravel, state assessed and state exempt, process and house all the recorded maps, create all subdivisions, create all new accounts, purge mobile homes, mobile home authentications, senior and veterans exemptions, update and transfer all mineral interests, update all tax districts and tax district accounts and daily customer service.  Duties from the Appraiser section include; add all new construction to the tax role, verify all the sales within the county, a by yearly reevaluations of the 23,000 accounts, classify and valuate the land agricultural, vacant and residential, maintain the ten year revolving Agricultural report and valuate all commercial land and buildings.  Other topics discussed within the report included; the subcontracted Commercial Appraiser John Zimmerman, field work for all new construction is done by office appraisers, the May 2021 mailing date for Notices of Value, the scheduled protest period of May 1 through May 30th, a change to public office interactions from in person to mail, phone and email, CBOE hearings for personal and real property will begin July 1st, appraiser vehicles, an update on the Kinder Morgan CO2 case currently at the Court of appeals and the Gallagher Amendment. 


COUNTY TREASURER / PUBLIC TRUSTEE: Treasurer, Ellen Black met with the Commissioners with a quarterly report.  Treasurer Black introduced herself and gave her professional background.  Treasurer Black presented for approval the 6 Month Schedule of Receipts and Disbursements dated 7/01/2020 through 12/31/2020.  Topics discussed included; interest rates, investment pools, the Road Eighteen Improvement Project Fund and the Clara Ormiston Fund.  Commissioner Lindsay moved to approve the Schedule of Receipts and Disbursements. Second by Commissioner Stevenson and carried.  Other topics discussed included; property tax collections, fund distributions at an approximate 29% County portion and the remainder distributed to various entities, all county funds go through the Treasurer’s office, monthly balancing, exempted funds  for the DA, Sheriff and Weed departments, the tax lien sale, owner notifications, mineral interests, treasurers deeds, County held liens, County owned properties, a decrease in investment interest, office funding through the tax dollars and treasurers fees, the Public Trustee, releases, foreclosures, Sheriff foreclosures, using an online bidding company for the tax lien sale, the additional fee to the online bidding company and the tax lien sale publication expense.  Treasurer Black reported that her challenges included being short staffed and time for cross training.  Future opportunities included the utilization of on line technologies.  (See attached)


COUTNY CLERK & RECORDER: County Clerk, Kim Percell along with Deputy Jerri Frizzell met with the Commissioners with a quarterly report.  Clerk Percell introduced herself and gave her professional background.  Deputy Frizzell gave an overview of the Recording and Vital Statistics Departments.  Topics discussed in Deputy Frizzell’s report included; public record searches, department staffing, document recording, coordination with the Treasurer and Assessor’s offices,  2020 statistics for printed death and birth certificates, the year to date birth and death certificates printed, on line recording, record digitization from 1996 forward, the year to date recorded documents, 2020 statistics for documents recorded, marriage licenses, certificate fees, recording fees, ID requirements, proof of relationship, certified copy and regular copy fees. Topics discussed within the Clerk’s report included; an update on the Digitization Project, Tech Fund fees, the 2020 budget balance for the Tech fund and a $40,00.00 grant fund match to be paid out at a later date, an overview of staffing, election reimbursements, the 2021 budget   for Elections, vehicle registration fees, ownership tax, clerk fees, late fees, other duties within the office, Clerk to the Board, the Clerks budget, a proposed Agiles Duo machine for the Election department, election security, the election canvas, the State required Risk Limiting Audit, the signature verification process, the election certification process, the scheduled City of Cortez Municipal election, online transaction options for motor vehicle and driver license options for Montezuma County Residents.    


UNFINISHED BUSINESS: Administrator Powers discussed the application to the State Opioid Recovery Group, the application to get Commissioner Stevenson on the Wolf Stakeholder Advisory Group, individual meetings scheduled to address paying benefits with the Advisory Committee on the 13th, the FPPA / CRA scheduled on the 20th and a pay and step plan presentation, at or before the next department head meeting.  Commissioner Candelaria discussed the FPPA proposal, the new Monday workshops, the American Rescue Plan, defined benefits package, insurance and the draft pay step plan.


COUNTY ATTORNEY REPORT: County Attorney, John Baxter,  discussed the RV Parks corrected rezoning designations, Planning’s non-compliant certified property letters, an update on the Trail Canyon Rd / RS 2477 (Road Y closed gate) issue and the cancellation of the municipality Dispatch Center’s Intergovernmental Agreement meeting.


NATURAL RESOURCES, PLANNING & PUBLIC LANDS: Resource Director, James Dietrich presented for approval a letter addressed to the Monument Manager, Ray O’Neil, regarding the archaeological assessment and determination of effect for the proposed reintroduction of livestock grazing within the Yellow Jacket (#8018) and Flodine Park (#8066) range allotments.  Commissioner Stevenson moved to send the letter to Ray O’Neil the Monument Manager, concerning the archaeological assessment and determination of the effects for the proposed reintroduction of livestock grazing within the Yellow Jacket and Flodine range allotments.  Second by Commissioner Lindsay and carried.  Other topics discussed included; an invitation to attend a round table discussion with Congresswomen Boebert, a proposed scheduled work day to clean up the Narraguinnep Reservoir area and a discussion regarding The Dolores Community Trail.  (See attached)         


COUNTY ADMINISTRATOR REPORT: Administrator Shak Powers presented for approval a letter of interest to serve a five year term, from Rebecca Fraley to be appointed to a board vacancy for the Housing Authority.  Commissioner Lindsay moved to appoint Rebecca Fraley to a five year term on the Montezuma County Housing Authority Board.  Second by Commissioner Stevenson and carried.  Administrator Powers presented for approval an Intergovernmental Agreement for the Community Development Block Grant 19-047.  Commissioner Stevenson moved to sign the Intergovernmental Agreement for the Community Development Block Grant 19-047Second by Commissioner Lindsay and carriedAdministrator Powers presented for approval the Montezuma County Residential Antidisplacement and Relocation Assistance Plan for Community Development Block Grant Business Revolving Loan Funds.  Commissioner Lindsay moved to sign the Residential Antidisplacement and Relocation Assistance Plan for Community Development Block Grant Business Revolving Loan Funds.  Second by Commissioner Stevenson and carried.  Other topics discussed included an update on the Housing Authority’s, Calkins Commons Project.   (See attached)


COUNTY COMMISSIONER REPORT: Topics discussed within the Commissioners reports included: Commissioner Stevenson discussed the attended, Mancos Town Board Trustees meeting, the Mancos airport property, attendance at the recently held Ag Expo event, the Monday Commissioner workshop and the passage of HB-1119Commissioner Lindsay discussed the attended Cortez City Council meeting, the dispatch center, follow up on the E911 Communications discussion and local propane company charges.  Commissioner Candelaria discussed the amendment to HB-1115, the attended meeting with the Ute Mountain Ute Tribal Council to discuss the McElmo Slip Project, the attended Housing Authority meeting, the Monday Commissioner workshop, the American Rescue Plan (ARP) funds and the attended County Commissioners of Southwest Colorado meeting.   


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

Chairman Candelaria announced the meeting would reconvene.


SOTHWEST LIVESTOCK ASSOCIATION: Drew Gordanier along with SW Colorado Livestock Association Executive Secretary, Lynelle Brumley met with the Commissioners with an invitation to attend a coordination seminar scheduled, May 7, 2021, along with a fee waiver request for the usage of the County Annex building for the event.    ( See attached)


WATER ISSUES: Montezuma County Representative, Ed Millard, Natural Resource Director Dietrich and Administrator Powers met to present a Sierra Club 30X30 follow up presentationRepresentative Millard provided a 30×30 workshop power point presentation.  Topics discussed included; worldwide sponsorship, a list of Cosponsors, a suggested legislation for a land give back program, protected Public Lands, reforestation projects, native food replacement, global over fishing, conservation easements, the wildlife corridor, biodiversity regions, the effects on Public Lands, wilderness designations, ocean water protection, river protection and water rights tied to the conservation land easements.   (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)