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BOCC Minutes September 21, 2021



September 21, 2021





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At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday September 21, 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

Ian MacLaren, County Attorney

Kim Percell, County Clerk




CHAIRMAN, CANDELARIA opened the meeting of September 21, 2021 with the Pledge of Allegiance.


MINUTES: Commissioner Lindsay moved to approve the minutes of the Proceedings of the Board of Commissioners Montezuma County, Colorado dated September 14, 2021 as presented.  Motion was seconded by Commissioner Stevenson and carried.


PLANNING: Planning Director, Don Haley with Assistant, S. Jane Duncan presented for signatures of a Variance submitted by Bruce Lightenburger; agent: Keenen Lovett, on Lot # 8 of the Dolores River Ranches Subdivision, located at 18916 Hwy 145, Dolores, CO, consisting of 36.65 acres, more or less, located south of Hwy 145, situated in Section 7, T. 37N, R. 14W, N.M.P.M. (See attached)


DISCUSSION: Director Haley discussed a possible Land Use Code violation with the installation of a cell tower on the 7th Street County right of way.  Director Haley reported that per the Land Use Code, the installation of a communication tower is required to have a Special Use Permit.  The company had not gone through the Planning Department for approval of the project.  The Commissioners were in agreement to have the company start the process for a Special Use Permit.


PUBLIC COMMENT: Allen Maez discussed the 2022 Republican Primary and the Fairgrounds Race Track Contract.  Public Comments on the Fairgrounds Race Track Contract were made by Sherry Simmons, Tony Hill, William (Gene) Felker, Marion Rodd, Toby Boettler, Jordan Eddleman, Ron Aubuchon, Terry Christensen, Kristy Conner, Tiffany Hurst Small, Rafe O’Brien, David Raubeson, Andi Bundy, Bud Griffin, Katie Barthel, Garland Malcolm, Carolyn Felker, Larry Don Suckla, and Cynthia Robison.  The new Montezuma Cortez School District Re-1, Superintendent, Risha VanderWey introduced herself to the Board of County Commissioners.   


DISCUSSION: Mancos Marshall, Justen Goodall, Cortez Police Chief Vern Knuckles, Cortez Fire Protection District Chief, Jay Balfour along with Chief Behavioral Officer for Axis Health System, Stacey Russell met with the Commissioner to discuss the development of a Community Intervention Program.  Commissioner Candelaria moved to accept the program.  The motion was seconded by Commissioner Stevenson and with two votes in favor from Commissioners Candelaria and Stevenson and one vote against from Commissioner Lindsay, the motion carried.  (See attached)


PUBLIC LANDS: Bureau of Land Management, Connie Clementson met with the Commissioners and discussed, the attended briefing session on the NCA, the October 21st and 22nd Southwest Resource Advisory Council meeting, nominations to serve on the Resource Advisory Council and the Paths to Mesa Verde project.  The new Park Service Superintendent, Kayci Cook Collins met with the Commissioner to introduce herself and to give updates on Mesa Verde National Park


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 Jail Report, the Year to Date Transport Report, the Perdium and Cost for Travel Report, the Total Monthly Inmate Report, the July Monthly Arrests Report, the City of Cortez Billing Report, the Dolores County Billing Report, the DOC Holds Report, the July Operational Expense Report and the Monies Paid to the General Fund Report.  Sheriff, Nowlin presented the Sheriff’s Department, Detention Center and the LEA 2022 budget proposals. (See attached)


RESOLUTION #14-2021: Administrator Powers presented for approval, Resolution #14-2021, a resolution appointing Sheriff Nowlin as the Montezuma County Representative to the Dispatch Accountability Committee.  Commissioner Stevenson moved to appoint Sheriff Nowlin to the dispatch accountability committee for Resolution #14-2021.  Second by Commissioner Lindsay and carried.  (See attached)   


COUNTY CORONER: Coroner, George Deavers met with the Commissioners to give his monthly report and to present his 2022 budget proposal.  Topic discussed included the number of deaths, fatal motor vehicle accidents, suicides, overdose deaths, an age death comparison, performed autopsies, out of county autopsies and a proposed part time position.  (See attached)


EMERGENCY MANAGEMENT:  Emergency Manager, Jim Spratlen met with the Commissioners to give his monthly report along with the 2022 budget proposal.  Topics discussed included; the Monthly Situational Report, permanent salaries, fringe benefits, overtime, fuel, vehicle expense, the Emergency Operations Services Center, the mitigation grant and EMS grants.  Manager Spratlen presented for approval a declaration to extend the Order Declaring a Disaster in and for Montezuma County, Colorado to February 2022.  Commissioner Stevenson moved to extend the Order Declaring a Disaster in and for Montezuma County, until February 1, 2022.  Second by Commissioner Lindsay and carried.   (See attached)


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

Chairman Candelaria announced the meeting would reconvene


COUNTY COMMISSIONER REPORT: Topics discussed within the Commissioners reports included: Commissioner Lindsay discussed; the attended Cortez City Council meeting, the attended Opioid Abuse Education Forum, constituent phone calls and the Fairground’s Rack Track Contract.  Commissioner Stevenson discussed; the attended Suicide Awareness Team presentation, the NCA /Dolores Rover Dialog meeting, an attended benefit dinner, constituent phone calls received and the Fairground’s Rack Track Contract.  Commissioner Candelaria discussed attendance to the same previously mentioned meetings, except the opioid meeting and the benefit dinner, draft legislation, constituent phone calls received and the Fairground’s Rack Track Contract.


UNFINISHED BUSINESS: County Fairgrounds Rate Schedule:  Administrator Powers presented for approval the updated Rate Schedules for the Fairgrounds.  Commissioner Lindsay moved to adopt the Rate Schedule as presented and change the dates.  Second by Commissioner Stevenson and carried.   (See attached)


Habitat for Humanity:  Administrator Powers presented for approval a letter addressed to the Office of Economic Development and International Trade in support of Habitat for Humanity’s request to access the Enterprise Zone Contribution Program.  Commissioner Lindsay moved to sign the letter of support for Habitat for Humanity to access the Enterprise Zone Contribution Program.  Second by Commissioner Stevenson and carried.  (See attached)


Administrator Powers discussed a request from the Economic Development’s Team, for the Grant Writer, Rachel Marchbanks Simbeck, to pursue a Redi Grant application.  Commissioner Stevenson moved to give the ok, for Rachel to apply for the Redi Grant.  Second by Commissioner Lindsay and carried.


COUNTY ATTORNEY REPORT: County Attorney, Ian MacLaren gave an update on the Weber Canyon / Road 41 case and the Belden, Land Use Code Non-compliant property case.


COUNTY ADMINISTRATOR REPORT: Administrator, Shak Powers discussed the annual building cleaning services requests for bids and the County Procurement guidance policy.  The Commissioners were in agreement to continue with the same current services.  Administrator Powers discussed the Memorandum regarding the 2021 Direct Distribution of Severance Tax and Federal Mineral Lease, reporting the Federal Mineral lease distribution was $971,131.53.  It was the recommendation of the Administrator to the Board to leave it all in the General Fund.  Commissioner Lindsay moved to direct the distribution of severance tax and federal mineral lease monies, to the General Fund.  Second by Commissioner Stevenson and carried.  Administrator Powers discussed the Opioid Settlement and a scheduled meeting in Durango on October 6, 2021 from 9:00 am. 3:30 p.m. (See attached)


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


EXECUTIVE SESSION: Pursuant to Attorney MacLaren’s suggestion, Commissioner Lindsay moved to go into 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) and to include, Commissioners Candelaria, Stevenson and  Lindsay, Attorney MacLaren and Clerk Percell, seconded by Commissioner Stevenson and carried. Topics for the executive session were legal tactics of negotiation, legalities and procedures.  Commissioner Stevenson moved to go out of executive session, seconded by Commissioner Lindsay and carried.   (See attached)


OTHER BUSINESS: Jim Rodd met with the Commissioners to discuss the development of the County Fairgrounds Race Track


CORRESPONDENCE: The following correspondence was read and noted:  Emails received from: Cindy Smedstad, Jennifer Quintana, Bill Miller, Cindy Klumker and Mindy Nelsen. (See attached)


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)