PROCEEDINGS OF THE BOARD OF COMMISSIONERS

MONTEZUMA COUNTY, COLORADO

July 20, 2021

STATE OF COLORADO           )

                                                     ) ss.

COUNTY OF MONTEZUMA   )

At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday July 20, 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 July 20, 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 July 6, 2021 as amended.  Motion was seconded by Commissioner Lindsay and carried.

PUBLIC HEARING: It being the time set aside a continued public hearing is held for review and determination of a proposed 3 Lot Minor and Rezoning Application, submitted by Jerry & Susan Frye; agent: Marc Rosenbaum, on property located at 25368 Road T.5, Dolores, CO, consisting of 35.90 acres, more or less, located south of Road T.5 and east of Road 25, situated in Section 14, T.37N., R.16W., N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.  Mr. Rosenbaum 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.  Hearing no public comment that portion of the hearing was closed.  After hearing all the evidence presented, Commissioner Stevenson moved to approve the proposed 3 lot minor and rezoning application, submitted by Jerry & Susan Frye; agent: Marc Rosenbaum, on property located at 25368 Road T.5, Dolores, CO., contingent on completion of the driveway. Second by Commissioner Lindsay and carried.  Commissioner Candelaria closed the hearing at this time.  (See attached)

PUBLIC HEARING: It being the time set aside a public hearing is held for review and determination of a proposed Subdivision Amendment Application to the Mountain Jerry Moderate Subdivision, submitted by Glenn & Jena Raleigh, on property located at 40850 Road H, Mancos, CO, consisting of 8.69 acres, more or less, located south of Road H and east of Road 40.5 situated in Section 5, T.35N., R.13W., N.M.P.M   The roll was called, the public notice read, and the proceedings were recorded for the record.  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.  Hearing no public comment that portion of the hearing was closed. After hearing all the evidence presented, Commissioner Lindsay moved to approve the proposed subdivision amendment application to the Mountain Jerry Moderate Subdivision, submitted by Glenn & Jena Raleigh, on property located at 40850 Road H, Mancos, CO,.  Second by Commissioner Stevenson and carried.  Commissioner Candelaria closed the hearing at this time.  (See attached)

DISCUSSION: A discussion was held regarding a Non-compliant property at 6330 Road 21, Cortez, Co., 81321.  Property owner Terry Belden was present.  The Commissioners were in agreement to allow Mr. Belden until August 2, 2021 to get the property compliant.  (See attached)

Planning Director, Don Haley with Assistant, S. Jane Duncan presented for signatures of Resolution #P-8-96, 1st Amendment and Mylar, submitted by 3D Farms, on property located at 12225 Road BB, Pleasant View, CO, consisting of 320 acres, more or less, located north of Road BB and west of Road 13, situated in Section 3, T.38N., R.18W., N.M.P.M.  Commissioner Stevenson moved to approve Resolution #P-8-96, 1st Amendment and Mylar, submitted by 3D Farms, on property located at 12225 Road BB, Pleasant View, CO,.  Second by Commissioner Lindsay and carried.  (See attached)

Director, Haley with Assistant, Duncan presented for review and discussion of a sketch plan for a proposed 20 Lot Major Subdivision, on property located at TBD Road M, Cortez, CO, consisting of 70.34 acres, more or less, situated in Section 13, T. 36N, R. 17W, N.M.P.M. Property owner Carol Stepe and Alison Klein were present.  The Commissioners were in agreement that the sketch plan move forward to the Planning & Zoning Commission.

RESOLUTION 8-2021: Director, Haley with Assistant, Duncan presented for signatures for Resolution #8-2021, to adopt the revised School Land Dedication/Fee Resolution, submitted by Montezuma-Cortez School District RE-1.  Commissioner Lindsay moved to adopt Resolution #8-2021, to adopt the revised School Land Dedication/Fee Resolution, submitted by Montezuma-Cortez School District RE-1.  Second by Commissioner Lindsay and carried. (See attached)

Director, Haley with Assistant Duncan presented for signatures of a Mylar for a Single Lot Development submitted by Valden Johnson; agent: Aimee Johnson, on property located at 11499 Road 34, Mancos, CO, consisting of 108.91 acres, more or less, located south of Road M, west of Road 34, situated in Section 18, T.36N, R.14W, N.M.P.M.

Director, Haley with Assistant Duncan presented an After the Fact Exemption application submitted by Jessica Jo Lenhart, property located at 12461 Road 44, Mancos Co., 81328.  Commissioner Stevenson moved to approve the After the Fact exemption for Jessica Lenhart located at 12461 Road 44, Mancos Co. 81328.  Second by Commissioner Lindsay and carried.

PUBLIC COMMENT:  Eddie Hershberger discussed stop signs at the intersection of Aztec Street and East 1st Street within the Town of Mancos. 

DISCUSSION: Gary Welch from End Veteran Homelessness (EVHN) Program met with the Commissioners to discuss an emergency housing proposal and the EVHN program.  (See attached)

PUBLIC LANDS: Bureau of Land Management, Tres Rios Field Manager, Connie Clementson gave updates to the Commissioners on the following topics, the Summit parking area, current fire restrictions, and an update on the proposed NCA.  Manager Clementosn gave an update on the Canyons of the Ancients Museum.  Topics discussed within that report included; the relocation of the Painted Hand and Cutthroat Castle road, the hours of operation, the museum fees, the Wild Horse and Burro exhibit, the Wild Horse Project and water developments. 

GIS MAPPING: GIS Manager, Doug Roth and Mapping Specialist, Rachel Medina met with the Commissioner to present for approval the Eagleview Pictometry invoice in the amount of $32,568.00.  Commissioner Lindsay moved to approve the bid for the GIS imagery.  Second by Commissioner Stevenson and carried (See attached)

 COUNTY SHERIFF’S MONTHLY REPORT: Sheriff Steven Nowlin met with the Commissioners to give his monthly report which included; an update on the fire restrictions, the  June Calls for Service Report, traffic calls, domestic violence calls, disturbance calls, assaults, trespassing calls, private property signs along the river walk areas in Dolores, the Jail Report, the Transport Report, the Perdium and Cost for Travel Report, the City of Cortez Billing Report, the Dolores County Billing Report, the DOC Holds Report, the total monthly inmate numbers, the Arrest / Release Report, the Operational Expense Report, the Monies Paid to the General Fund Report and an update on the body camera grant funding.  Sheriff, Nowlin presented for approval, the Justice Assistance Grant (JAG) in the amount of $13,000.00.  Commissioner Lindsay moved to approve the grant funding budget for the JAG education grant.  Second by Commissioner Stevenson and carried.  Sheriff Nowlin presented for approval the POST Range Improvement Grant 2021-2022 #POGG1-LAAA-GT2022 in the amount of $50,809.00.  Commissioner Stevenson moved to approve the POST Range Improvement Grant #POGG1-LAAA-GT2022.  Second by Commissioner Lindsay and carried.  A discussion was held regarding the permanent salary line item within the Sheriff’s approved budget.  (See attached)

COUNTY CORONER: Coroner, George Deavers met with the Commissioners to give a monthly report.  Coroner, Deavers reported on the year to date statistics, which included; 4 overdose deaths, 6 suicides, 10 motor vehicle accident deaths, 2 ethanol related deaths, 29 autopsies performed and 97 year to date calls.  Coroner Deavers also discussed Dolores County and San Miguel County using our facilities to perform autopsies.    

DISCUSSION: Cortez Fire Protection Chief, Jay Balfour met with the Commissioners to give a perspective of the Cortez Fire Protection District.  Chief Balfour discussed the establishment of the Fire District, the boundaries of the district, the population of the district, the calls for service, response protocols, the board members, staffing statistics, station locations, the primary mutual aid fire districts, RAR adjustments and the May 2022 Board election along with a proposed ballot question.  (See attached)  

EMERGENCY MANAGEMENT:  Emergency Manager, Jim Spratlen met with the Commissioners and gave a monthly update.  Manager Spratlen presented the Monthly Situational Report and the Montezuma County, Colorado COVID-19 Response, After Action Report/Improvement Plan (Version 2).  Topics discussed within the report included; the current fire statistics, the National Preparedness level, a COVID update, EOC trainings, Continuity of Operations planning, proposed legislation for cross state transports, the Department of Homeland Security Emergency Management site visit, the EMPG Grant approval, compliance for the Emergency Operation Plan, the Monday Zone meetings and the weekly National Weather Service call.  (See attached)

UNFINISHED BUSINESS: A discussion was held regarding the current County Moratorium of the Public Health Department’s, Transfer of Title under Regulation #43.  Commissioner Lindsay moved to opt out.  Second by Commissioner Stevenson and carried. 

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

Chairman Candelaria announced the meeting would reconvene

DISCUSSION: Kevin Wing and Bob Varcados with Green Lynx Farm Inc. met with the Commissioners to discuss commercial operations of marijuana facilities within Montezuma County. Topics discussed included; marijuana excise taxes within other Colorado counties, a gradual increase to a proposed County excise tax, the current County moratorium and the proposed draft marijuana ordinance.

DISCUSSION: U.S. Senator John Hickenlooper’s Southwest Regional Representative, Helen Katich, met with the Commissioners to discuss Senator Hickenlooper’s priority projects. Representative Katich reported that Senator Hickenlooper was serving on the following committees; the Space and Science Committee, the Small Business and Entrepreneurship Committee, the Energy and Natural Resources Committee and the Commerce Committee.  Other topics discussed included; a proposed small business package concerning access to the SBA, Cooperative Businesses, venture capital, indigenous participation in the SBA Board, an increase of loan capacity, employment opportunities, unemployment, housing, child care, Wilderness bills, the Health Education, Labor and Pensions Committee, a Rural Health Care Bill, the Western Health Alliance, the Map Land Act, the Shred Act, the Infrastructure Package Plan, rural broadband development projects and the Lower Dolores NCA. 

COUNTY ATTORNEY REPORT: County Attorney, Ian MacLaren gave an update on the Weber Canyon / Pax LLC case and the Road Y issue.    

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

COUNTY ADMINISTRATOR REPORT: ORDER 3-2021: Administrator Shak Powers presented Transfer Order #3-2021 for approval.  A transfer of $384,861.00 from the General Fund (001) to the Capital Fund (004) for the costs of capital projects.  Commissioner Stevenson moved to transfer $384,861.00, from the General Fund to the Capital Fund for the costs of capital projects for 2021, which would be Order #3-2021.  Second by Commissioner Lindsay and carried.  Administrator Powers presented for approval, the Memorandum of Understanding Version 6/22/21 between the State of Colorado Department of Local Affairs and Montezuma County for the technical assistance services to be provided under the Regional Resiliency and Recovery Roadmaps Project.  Commissioner Lindsay moved to approve the Memorandum of Understanding with DOLA, Version 6/22/21.  Second by Commissioner Stevenson and carried.  Administrator Powers gave a report on the recently attended NACO conference. Topics discussed included; economic and work force development, the American Rescue Plan funds, broadband, revenue loss calculations, mental health, the opioid response and the addition of a behavioral health tab to the County web site. https://montezumacounty.org/behavioral-health/

Administrator Powers on behalf of Resource Director Dietrich, presented for approval a letter addressed to the San Juan National Forest Dolores Ranger District, Walt Brown regarding the Alianza Minerals Limited Twin Canyon Exploration Drilling Project (1950/2400) and a letter addressed to the San Juan National Forest Dolores Ranger District, Chris Alanis regarding the Plateau Fire Reforestation Project.  Commissioner Stevenson moved to send the letters regarding the Alianza Minerals Limited Twin Canyon Exploration Drilling Project and the Plateau Fire Reforestation Project.  Second by Commissioner Lindsay and carried.  (See attached)

DISCUSSION: A discussion was held with GIS Mapping Specialist, Rachel Medina regarding the preliminary redistricting maps.  

COUNTY COMMISSIONER REPORT: Topics discussed within the Commissioners reports included: Commissioner Stevenson discussed the attended Mancos Town Board meeting, a scheduled workshop with the Mancos Town Board, constituent phone calls and reading. Commissioner Lindsay discussed constituent phone calls, reading and the City of Cortez Council meeting.  Commissioner Candelaria gave an overview of the Monday workshop presentations and the attended NACO conference.   

CORRESPONDENCE: The following correspondence was read and noted:

MOTION TO ADJOURN: was made by Commissioner Lindsay seconded by Commissioner Stevenson and carried.

MEETING ADJOURNED: 3:15 p.m.