BOCC Minutes March 31, 2026

PROCEEDINGS OF THE BOARD OF COMMISSIONERS

MONTEZUMA COUNTY, COLORADO

March 31, 2026

STATE OF COLORADO           )

                                                     ) ss.

COUNTY OF MONTEZUMA   )

At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday March 31, 2026 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

Stephen Tarnowski, County Attorney

Kim Percell, County Clerk

Diana Smith, Deputy Clerk

MINUTES: Commissioner Koppenhafer moved to approve the Proceedings of the Board of County Commissioners for Montezuma County, held on Tuesday, March 24, 2026 as presented.  The 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 regarding of a proposed 13.42-acre Single Lot Development & AR10-34 Rezoning Application, submitted by Edward G. Merritt Family Partnership, LLLP; agent: Ed Merritt, Jr., on property located at TBD Road 20, Cortez, CO, consisting of 73.26 acres, more or less, located south of Road S, west of Hwy 491, situated in Section 25 Township 37N, Range 17W, N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.  Agent, Ed Merritt Jr., 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.  Hearing no public comment, that portion of the hearing was closed.  After hearing all the evidence presented Commissioner Lindsay moved to accept the application for a proposed 13.42-acre Single Lot Development & AR10-34 Rezoning Application, submitted by Edward G. Merritt Family Partnership, LLLP; agent: Ed Merritt, Jr., on property located at TBD Road 20, Cortez, CO.  Second by Commissioner Koppenhafer and carried.  Commissioner Candelaria closed the hearing at this time.  (See attached)

Deletions/Changes to Agenda: The proposed Summer Food grant proposal was removed from the Consent Agenda.  Commissioner Lindsay moved to approve the consent agenda, as presented, with the removal of the Summer Food grant proposal until next week  Second by Commissioner Koppenhafer and carried.

CONSENT AGENDA:

The Consent Agenda items acted upon by the Board were as follows:

• MOU with Performance Services for County Facilities Assessments. (See attached)
• Update Montezuma County Budget and Financial Management Policy (See attached)
• Appointment: Kathy Zubrzycki-Griglak to the Lodgers Tax Committee. (See attached)

COUNTY ATTORNEY REPORT: County Attorney Stephen Tarnowski discussed preparations for the child protection appeal cases, scheduled jury trials and the Land Use Code Enforcement case. Attorney Tarnowski reported that he would be absent from the April 7^th Workshop meeting.

PUBLIC HEARING: It being the time set aside a public hearing is held for review and determination regarding of a proposed 5-acre Single Lot Development & AR3-9 Rezoning Application, submitted by James & Dorothy Porter; agent: Bryson McCabe, on property located at 10743 Road G, Cortez, CO, consisting of 40.00 acres, more or less, located north of Road G, situated in Section 32 Township 36N, Range 18W, N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.  Agent, Bryson McCabe 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.  Hearing no public comment, that portion of the hearing was closed.  After hearing all the evidence presented Commissioner Koppenhafer moved to approve the proposed 5-acre Single Lot Development & AR3-9 Rezoning Application, submitted by James & Dorothy Porter; agent: Bryson McCabe, on property located at 10743 Road G, Cortez, CO, consisting of 40.00 acres, more or less.  Second by Commissioner Lindsay and carried.  Commissioner Candelaria closed the hearing at this time.  (See attached)

COUNTY ADMINISTRATOR REPORT: Administrator Anderson no report given.

COUNTY CLERK & RECORDER: County Clerk, Kim Percell, reported that Deputy, Diana Smith and Chief Deputy, Malinda Fuller would be doing the BOCC minutes while she was away from the office.

PAYABLE EXPENDITURE REPORT: Administrator Anderson presented for approval, the January 2026 Accounts Payable Expenditure Reports in the amount of $5,421,773.60.  Commissioner Lindsay moved to approve the January payables in the amount of $5,421,773.60.  Second by Commissioner Koppenhafer and carried.  (See attached)

PAYABLE EXPENDITURE REPORT: Administrator Anderson presented for approval, the February 2026 Accounts Payable Expenditure Reports in the amount of $3,562,200.38.  Commissioner Lindsay moved to approve the February payables in the amount of $3,562,200.38.  Second by Commissioner Koppenhafer and carried.  (See attached)

COUNTY COMMISSIONER REPORT: Topics within the Commissioners’ reports included:

Commissioner Lindsay No report given. 

Commissioner Koppenhafer reported on the attended Water Seminar that was held in Ignacio.

PUBLIC HEARING: It being the time set aside a public hearing is held for review and determination regarding of a proposed 3 Lot Moderate Subdivision and Rezoning Application, submitted by Robert & Silvia Richardson, on property located at 5964 Road 41, Mancos, CO, consisting of 19.88 acres, more or less, located south of Hwy 160, east of Road 41, situated in Section 16, Township 35N, Range 13W, N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.  Mr. Richardson 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.  Hearing no public comment, that portion of the hearing was closed.  After hearing all the evidence presented Commissioner Lindsay moved to continue the application for Rezoning and 3 Lot Moderate Subdivision, submitted by Robert & Silvia Richardson, on property located at 5964 Road 41, Mancos, till April 21, 2026 at 9:00 a.m.  Second by Commissioner Koppenhafer and carried.  (See attached)

PUBLIC COMMENT: No public comments were made.

Item (s) Needing Individual Consideration:

PROCLAMATION: From the Public Health Department, Director Bobbi Lock along with Laurel Schafer, Heather Hamilton, Jenna Pearce and Rebecca Pugh, met with the Commissioners to present a proclamation to declare April 6^th through April 12^th 2026 as PUBLIC HEALTH WEEK.  Commissioner Lindsay read the proclamation, then moved to proclaim April 6^th – 12^th, 2026 as Public Health Week.  Second by Commissioner Koppenhafer and carried.  (See attached)

Activities scheduled for the week include:

Monday: Staff luncheon

Tuesday: Public Health Walk / Run at Park Devida 6:00- 8:00 p.m.

Wednesday: Employee afternoon break walks on Montezuma Avenue 3:00 – 3:15 p.m.

Thursday: Open House to the Public 11:00 a.m. -1:00 p.m.

Other topics discussed included the Southwest Health System / Montezuma County Health Department Health Fair, scheduled Saturday April 18, 2026 from 8:00 a.m. to 12:00 p.m. at the Montezuma County Annex.  (See attached)

COUNTY COMMISSIONER REPORT: Continued:

Commissioner Candelaria mentioned day-to-day operations, the attended Housing Authority meeting, the Monday Workshop, and the weekly Road & Bridge meeting.

EXECUTIVE SESSION: Pursuant to Attorney Tarnowski’s suggestion, Commissioner Lindsay moved to go into executive session pursuant to C.R.S. Section 24-6-402(4)(b), so that the Board may receive legal advice.  Seconded by Commissioner Koppenhafer and carried.  Included in the session will be Commissioners Candelaria, Lindsay and Koppenhafer, Administrator Anderson, Attorney Tarnowski, Clerk Percell and Deputy Clerk Diana Smith. Topics for the executive session were legal advice on Suncor Energy et al v. County Commissioners of Boulder County, et al. The Supreme Court has taken up this case on a procedural question.  Specific questions relate to the potential impact of this decision on Montezuma County, and the potential mechanisms Montezuma County may have to get involved in the litigation.  Commissioner Lindsay moved to go out of executive session, seconded by Commissioner Koppenhafer, and carried. After exiting the executive session, Attorney Tarnowski reported on the session, mentioning that no decisions were made during the Executive Session but asked if the Board wanted to decide about Montezuma County involvement in this litigation. Commissioner Lindsay moved to authorize the Attorney to file a Friend of the Court, Amicus Brief with the Supreme Court in the Suncor case and allocate $7,000.00 for it.  Second by Commissioner Koppenhafer and carried.   (See attached)

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

CORRESPONDENCE: The following correspondence was read and noted: Montezuma County Social Services Record of Proceedings and reports.

ADJOURNED: 10:42 a.m.

___________________________                              ____________________________

Clerk        March 31, 2026                                          Chairman