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BOCC Minutes September 5 2023



September 5, 2023





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At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday September 5, 2023 at the Montezuma County Administration building in Cortez, Colorado, there were present:




Jim Candelaria, Chairman

Kent Lindsay, Vice Chairman

Gerald Koppenhafer, Commissioner of Deeds

Travis Anderson, County Administrator

Ian MacLaren, County Attorney

Kim Percell, County Clerk




CHAIRMAN CANDELARIA opened the meeting of September 5, 2023 with the Pledge of Allegiance.


MINUTES: Commissioner Koppenhafer moved to approve the Proceedings of the Board of County Commissioners of Montezuma County, for August 29, 2023 as presented.  Motion was seconded by Commissioner Lindsay and carried.


PUBLIC HEARING: It being the time set aside a public hearing is held for review and determination of a proposed Single Lot Development and AR3-9 Rezoning Application submitted by Raymond & Patsy Kysar; agent: James Kennedy, on property located at 17184 FS 559, Mancos, CO, consisting of 5 acres, more or less, located north of Hwy 184, west of Forest Service Road 561, situated in Section 14, T.37N, R.13W, N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.  Agent, James Kennedy was present.    Planning Director, Don Haley along 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 comment was made by Robert Urquhart.  Hearing no further public comment that portion of the hearing was closed.  After hearing all the evidence presented Commissioner Lindsay moved to approve the proposed Single Lot Development and AR3-9 Rezoning Application submitted by Raymond & Patsy Kysar; agent: James Kennedy, on property located at 17184 FS 559, Mancos, contingent upon the easement being drawn on the plat.  Second by Commissioner Koppenhafer and carried.  Commissioner Candelaria closed the hearing at this time.  (See attached)


PLANNING: Director, Haley presented a re-appointment request from John Hernandez to the Planning & Zoning Commission. The discussion was tabled to the next Commissioner meeting.


Director, Haley along with Assistant, Duncan presented for signatures, a Mylar for a 2 Lot Moderate Subdivision & AR3-9 Rezoning, submitted by Karl Spielman & Melinda Elkin, on property located at 17064 Road 23, Dolores, CO, consisting of 10.03 acres, more or less, located north of Road T, east of Road 23, situated in Section 16, Township 37N, Range 16W, N.M.P.M.


Attorney MacLaren reported that a scheduled meeting with the Planning Department and the District Attorney will be held, to discuss problem properties within the County and the possibility of the use of Public Nuisance Laws.  (See attached)


PUBLIC COMMENT: Public comment was made by Allen Maez.


ROAD & BRIDGE DEPARTMENT: Road Superintendent, Rob Englehart met with the Commissioners to give a monthly report.  Superintendent Englehart presented the road and bridge schedule for the month of September 2023 and gave an overview of the type of work scheduled.  Topics discussed within the report included; hauling and spreading gravel, Schedule A roads, chip seal projects, mowing shoulders, recent flood damage on county roads, an update on the Alkali Bridge project, the completion of the Dolores Norwood Road asphalt/signs project and possible environmental issues at the bridge.  (See attached)


NOXIOUS WEED DEPARTMENT: Weed Department Manager, Bonnie Anderson met with the Commissioners to give a monthly report.  Topics discussed included, an update on the Russian olive removal project, completion of the first round of approved RCPP properties, the approval of the second round of RCPP applications, the renewal of the RCPP funding request, a 2022-2023 growth rate mapping, the Roadside Spray Program, Kochia, treatment of Willows, Canada Thistle and Russian Knapweed, the Back Pack Sprayer program, cost share applications and reimbursements, property owner notification letters and property owner contacts.  Manager Anderson reported that the Seeding Seminar is scheduled for September 19th at the Fairgrounds and the Fall Applicator Training is scheduled for November 3, 2023.           


LANDFILL: Landfill Manager, Mel Jarmon met with the Commissioner to give a monthly report which included the July 2023 Landfill budget spread sheet.  Manager Jarmon reported that the engineers will have the plans done this week, for CDPHE approval on Cell #5 including the alternate liner and that they will begin packing clay on the Carver Field on September 18th.  A discussion related to a possible neighboring County closure and adjustments to the current fee structure for out of county residents was held.  (See attached) 


FAIRGROUNDS: Fairgrounds Manager, Justin McGuire met with the Commissioner to give a monthly report.  The monthly report included; the year to date attendance number, the Revenues and Expenditures report, along with past and future scheduled events.  Other topics discussed included: the outdoor restroom project, the electrical upgrade project, received LOR grant funds and the purchased tents and picnic tables, the Flea Market, a donation of gravel from the Ute Mountain Roundup Rodeo, the 2024 Racetrack Lease, proposed winter maintenance projects and completed fire hydrant flow tests.  (See attached) 


VEHICLE MAINTENANCE: Road & Bridge Equipment Manager, Shane Higman met with the Commissioners to discuss the list of Montezuma County Public Surplus Items for August 2023 and the purchase of a Chevy Tahoe for the Detentions Department.  Commissioner Lindsay moved to purchase a 2023 Chevy Tahoe from Morehart Durango, in the amount of $46,610.00.  Second by Commissioner Koppenhafer and carried.  (See attached)




COUNTY SHERIFF: Sheriff, Steven Nowlin met with the Commissioners to make a recommendation to rescind the Fire Ban within Montezuma County.  RESOLUTION #18-2023: a resolution for the suspension of ban on open fires and use of fireworks, effective at 6:00 a.m., on September 6, 2023, was presented for approval.  Commissioner Koppenhafer moved to approve Resolution #18-2023, rescinding the Fire ban.  Seconded by Commissioner Lindsay and carried.

Sheriff Nowlin presented for approval, the Dolores Contract for Law Enforcement Services.  No action was taken at this time. 

Sheriff Nowlin presented for approval an amendment to the 2022-2023 (JBB) Jail Based Behavior Service Grant.  Commissioner Lindsay moved to accept the revised budget for the Jail Based Behavior Service Grant, 2022-2023 for the additional funds of $33,337.03.  Second by Commissioner Koppenhafer and carried.  (See attached)


GRANT COORDINATOR: Grant Coordinator, Robert Dobry met with the Commissioners to present the Project Manual for the 2023 Fairgrounds Solar Installation, for approval.  Commissioner Koppenhafer moved to put out for bid the 2023 Fairgrounds Solar Installation for Montezuma County.  Second by Commissioner Lindsay and carried.  (See attached) 


COUNTY ATTORNEY REPORT: County Attorney, Ian MacLaren discussed the Ellis Lewis Land Use case and gave an update on the Road 41 fence removal issue.  


ADMINISTRATOR REPORT: County Administrator, Travis Anderson discussed a meeting with Business Magazine and Jessica Thurman related to an article on Montezuma County, an attended meeting with Paul Rothemeyer related to the 2024 strategic plan, the SB213 discussion during the visit with Senator Bridges, and the zoom attendance for a CCI land use and housing discussion. 


COUNTY COMMISSIONER REPORT: Topics within the Commissioners reports included: Commissioner Lindsay discussed the attended Housing Solutions Board meeting.  Commissioner Koppenhafer reported on the attended Colorado River Taskforce meeting.  Commissioner Candelaria reported on a constituent discussion related to a nuisance property. 


MOTION TO ADJOURN: Commissioner Lindsay moved to adjourn, seconded by Commissioner Koppenhafer and carried.


CORRESPONDENCE: The following correspondence was read and noted:





_______________________________                       ____________________________

Clerk                          September 5, 2023                       Chairman


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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)