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BOCC Minutes May 18, 2021



May 18, 2021






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At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday May 18, 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 May 18, 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 May 11, 2021 as presented.  Motion was seconded by Commissioner Lindsay and carried.


PLANNING: Planning Director, Don Haley with Planning Assistant, S. Jane Duncan reported that the proposed Boundary Line Adjustment Application, submitted by Wray Boswell, on property located at 36800 Road P.1, Mancos, CO, consisting of 5.45 acres, more or less and Ellis Lewis, on property located at 14171 Road 36.75, Mancos, CO, was cancelled.


Director Haley with Assistant Duncan presented a proposed amendment to Exemption P-23-95E, Ertel Ranches, submitted by Keenan G. and Beverly B. Ertel on property located on Road 26, Cortez CoCommissioner Stevenson moved to amend the plat of Resolution P-23-95E for Keenan G. and Beverlee B. Ertel.  Second by Commissioner Candelaria and carried.    


PUBLIC HEARING: It being the time set aside a public hearing is held regarding a proposed 4 Lot Moderate Subdivision and Rezoning Application and Variance Applications, submitted by Ellis Lewis, on property located at 14171 Road 36.75, Mancos, CO, consisting of 40 acres, more or less, located south and west of Hwy 184, situated in Section 34, T.37N, R.14W, N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.  Mr. Lewis was present.  Planning Director, Don Haley 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.  Public Comments were made by Attorney, Bryson McCabe on behalf of Brent Graham and Wray Boswell. Michael Gostlin also made comment.  Hearing no further public comment that portion of the hearing was closed.  After hearing all the evidence presented Commissioner Lindsay moved to approve the 4 lot moderate subdivision that is already there and to include the contingencies by the P&Z, that no new additional residences on lots #1, #2 and #3 and the plat notes on lot #4 that no new residences be built without the approval of CDOT.  Second by Commissioner Stevenson and carried.  Commissioner Stevenson moved to grant the after the fact exemption on the North property line of Lot #1, from a 30 foot to a 15 foot setback for the residence.  Second by Commissioner Lindsay and carried.  Commissioner Lindsay moved to deny the after the fact variance for the individual shared leach field located on Lot #1.  Second by Commissioner Stevenson and carried.  Commissioner Candelaria closed the hearing at this time.  (See attached)


MEMORIAL DAY PROCLAMATION: Veteran Service Officer, Rick Torres presented the Memorial Day Proclamation for signatures.  Commissioner Lindsay moved to proclaim Memorial Day on behalf of Montezuma County.  Second by Commissioner Stevenson and carried.  (See attached)


PUBLIC LANDS:  Assistant Field Manager for the Bureau of Land Management, Joseph Manning met with the Commissioners to provide an update on the implementation of the Travel and Access Plan and to discuss a donation of gravel for the parking lots at the Summit area and the new Aqueduct Trail Head

Forrest Service District Ranger, Derek Padilla met with the Commissioners to give a monthly update.  Topics discussed included; public access to the office, purchasing fuel wood permits, the Prescribed Fire Program, road work on the Ormiston Road, the Saulter Environmental Analysis and logging operations on the Dolores Norwood Road. 


SPECIAL EVENT LIQUOR LICENSE:  Deputy Clerk, Jerri Frizzell presented a special event liquor license application from the True Western Roundup Rodeo, with Santa’s Special Forces, for the 2021 events to be held on June 19th, July 3rd, August 21st, September 18th and October 9th, at the Montezuma County Fairgrounds.  Commissioner Stevenson moved to approve the application for True Western Roundup with Santa’s Special Forces, for the dates of, June 19th, July 3rd, August 21st, September 18th and October 9th.  Second by Commissioner Lindsay and carried.  (See attached)


PUBLIC COMMENT:  Jennifer Singer discussed the proposed 30×30 legislation and support of the legislation by the Commissioners.


GRAVEL GRINDER RACE: Susan Thomas, Coordinator with Trail of the Ancients National Scenic Byways, Diane McBride with Associate Director for Southwest Colorado Canyons Alliance, and Natural Resource Director, James Dietrich met with the Commissioners to give an overview of the June 26, 2021 scheduled event and made a request for funding.   (See attached)    


DISCUSSION: Haley Leonard Saunders, with Axis Health Systems, Mancos Marshall, Justen Goodall and Cortez Fire Protection District Chief, Jay Balfour met with the Commissioner to discuss the development of a Community Intervention Program.  Topics of the discussion included: grant funding for the pilot program, the program design to assist citizens with substance abuse, social or, behavioral health issues, a dedicated response team, State Representative support, the County Coordination of the program, a contract for a clinician, Cortez Fire for EMTs, proposed grant applications, current ambulance jurisdictions, possible program coordination with the County’s Public Health or Emergency Management Department, program funding from local Municipalities, the mobile unit,  housing of the vehicle and office space,  hours of operations, call volumes, incident reporting systems, and County owned jurisdiction of the program.   The discussion was tabled until the June 1, 2021 Commissioner meeting, 


COUNTY CORONER: Coroner, George Deavers met with the Commissioners to give a monthly report.  Topics discussed included; service calls, motor vehicle fatalities, suicides, overdose deaths and a yearly call numbers comparison.  


EMERGENCY MANAGEMENT: Emergency Manager, Jim Spratlen met with the Commissioners and gave a monthly update.  Manager Spratlen presented for discussion and review; the updated Forest Service Fire Report, the Situational Report and a map of the recent Hawkins Fire.  Other topics discussed included; the water report, the COVID statistics report, a hospital update, a visit from Mike Willis from the Director of Homeland Security Emergency Management and Field Manager, Trever Denny.  Manager Spratlen reported that the Hazard Mitigation Plan is complete.  (See attached)


COUNTY SHERIFF’S MONTHLY REPORT: Sheriff, Steven Nowlin met with the Commissioners to give his monthly report which included the Calls for Service Report, the Transport Report, the Total Inmates Report, the Jail Report, the April Total Monthly Arrests report, the DOC Holds Report, the April Operational Expense Report, and the Monies Paid to the General Fund Report.  Sheriff Nowlin presented the Police Officer Counseling Support Program Grant #20007 (2021-2022).  Commissioner Lindsay moved to allow the Sheriff to expend the monies for the Police Officer Counseling Support Grant for 2021-2022.  Second by Commissioner Stevenson and carried.  Sheriff Nowlin presented for approval the Forest Service LEO Contract 2021.  Commissioner Stevenson moved to sign the agreement between the Montezuma County Sheriff’s and the Forest Service LEO Contract for 2021.  Second by Commissioner Lindsay and carried.  Other topics discussed included; vehicle vin verification inspections, traffic contacts, auto thefts, the Sheriff office answering system, the FPPA retirement discussion, an update on the Dispatch Services discussion and the draft IGA.   (See attached)  


DISTRICT ATTORNEY: District Attorney, Matt Margeson and Office Manager, Clarisa Feuilly met with the Commissioners to give a monthly report.  Manager, Feuilly discussed jury trials, public education on the acts of domestic violence and State training on sexual assaults.   District Attorney Margeson discussed; required in person court appearances starting in June, the proposed DA legislation, a proposed ordinance regarding marijuana cultivation in rural areas of the County and the jury selection process.  


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

Chairman Candelaria announced the meeting would reconvene


WATER ISSUES: Southwest Basin Round Table, Montezuma County Representative, Ed Millard, reviewed a power point presentation regarding Demand Management.     


ONWARD A LEGACY FOUNDATION: Karen Sheek, Vangi McCoy, Chuck Forth, Joanie Howland, Lisa Bunker and from the Public Health Department Kathi Marler met with the Commissioner with a request to help fund the Imagination Library for Montezuma County.  Commissioner Lindsay moved to participate in the program with a funding number at a later date, utilizing the SRS funding.  Second by Commissioner Stevenson and carried.   (See attached)


UNFINISHED BUSINESS: Administrator Powers presented the June 1, 2021, scheduled, Public Hearing notice for the Mesa Sky Estates Subdivision.  A discussion was held regarding the requested letter of support for the Gun Club regarding the shooting range.  (See attached)


COUNTY ATTORNEY REPORT: County Attorney, John Baxter discussed the recent fire at the local Hong Kong restaurant, dependency neglect trials and updates on thee Weber Canyon / Pax LLC case, and the Kinder Morgan CO2 case.     


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


COUNTY ADMINISTRATOR REPORT: Administrator Shak Powers presented for approval a letter of support addressed to Honorable Gina M. Raimondo the Secretary of Commerce, U.S. Department of Commerce Economic Development Administration regarding support for the Colorado State University, Co, Broadband Plan and Feasibility Study.   Commissioner Stevenson moved to write a letter of support for the Colorado State University, to do the feasibility study for broadband. Second by Commissioner Lindsay and carried.   Administrator Powers reported that there would not be a Commissioner meeting on May 25, 2021.   (See attached)


COUNTY COMMISSIONER REPORT: Topics discussed within the Commissioners reports included: Commissioner Lindsay discussed constituent emails, visits and phone calls and virtual attendance to the Cortez City Council meeting.  Commissioner Stevenson discussed the attended Mancos Town Board meeting the Dolores Chamber fund raiser event and constituent phone calls.   Commissioner Candelaria discussed the attended Forest Health meeting and the Dolores Chamber fund raiser event.   


CORRESPONDENCE: The following correspondence was read and noted:


MOTION TO ADJOURN: was made by Commissioner Stevenson seconded by Commissioner Lindsay 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)