PROCEEDINGS OF THE BOARD OF COMMISSIONERS

MONTEZUMA COUNTY, COLORADO

August 17, 2021

STATE OF COLORADO           )

                                                     ) ss.

COUNTY OF MONTEZUMA   )

At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday August 17, 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 August 17, 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 August 10, 2021 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 for a proposed Planned Unit Development Amendment request submitted by River Valley Cabins, LLC, Agent Justin Collier, on property located at 18667 Hwy 145, Dolores, CO, consisting of 3.06 acres, more or less, located on the east of Dolores, north of Hwy 145, situated in S.12 T.37N., R.15W., N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.  Mr. Collier was present by Zoom.  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 amendment to the River Valley Cabins, LLC, Agent Justin Collier, on property located at 18667 Hwy 145, Dolores.  Second by Commissioner Stevenson and carried.  Commissioner Candelaria closed the hearing at this time.  (See attached)

PLANNING: Planning Director, Don Haley with Assistant, S. Jane Duncan presented for signatures of a Mylar for an Exemption Resolution, submitted by Kenneth R & Jeanne M Todd, on property located at 27538 Road 16, Pleasant View, CO, consisting of 149.68 acres, more or less, located south of Road EE, east of Road 16, situated in Section 29, T.39N, R.17W, N.M.P.M.  Commissioner Stevenson moved to sign a Mylar for an exemption resolution, submitted by Kenneth R & Jeanne M Todd, on property located at 27538 Road 16, Pleasant View, CO. Second by Commissioner Lindsay and carried.  (See attached)

Director, Haley with Assistant, Duncan presented for signatures of a Boundary Line Adjustment, submitted by Kelly & Stacey Weyand and Carlos Whitmer, on properties located at TBD Road C and 21550 Road C, Cortez, CO, consisting of 27 acres, more or less and 7.18 acres, more or less, both located south of Road C, west of Hwy 160/491, situated in Section 31, T.35N, R.16W, N.M.P.M.  Commissioner Lindsay moved to approve a boundary line adjustment, submitted by Kelly & Stacey Weyand and Carlos Whitmer, on properties located at TBD Road C and 21550 Road C, Cortez.  Second by Commissioner Stevenson and carried.  (See attached)

Director, Haley with Assistant, Duncan presented for discussion of a proposed Variance application submitted by Carl Chiodo & Lynn Hill, on Lot #9 of the Four Corners Encampment Subdivision, located at 24850 Road 37, Dolores, CO, consisting of 3.77 acres, more or less, located east of Hwy 145, situated in Section 11, T. 38N, R. 14W, N.M.P.M.  Commissioner Stevenson moved to continue this variance application submitted by Carl Chiodo & Lynn Hill, on Lot #9 of the Four Corners Encampment Subdivision, located at 24850 Road 37, Dolores, CO.  Second by Commissioner Lindsay and carried.  (See attached)

Director, Haley with Assistant, Duncan presented for signatures of a High Impact/Special Use Permit for the Dolores River Campground, submitted by Elaine & William Beyhan, on property located at 18680 Hwy 145, Dolores, CO, consisting of 34.23 acres, more or less, located south of Hwy 145, situated in Section 12, T. 37N, R. 15W, N.M.P.M.  Commissioner Lindsay moved to approve the High Impact/Special Use Permit for the Dolores River Campground, submitted by Elaine & William Beyhan, on property located at 18680 Hwy 145, Dolores.  Second by Commissioner Stevenson and carried.  (See attached)

Director, Haley with Assistant, Duncan presented for signatures of a High Impact/Special Use Permit for the Stoner RV Resort & Campground, submitted by Carol Leinberger, on property located at 26055 Road 40, Dolores, CO, consisting of 5.44 acres, more or less, located north of Hwy 145, east of Road 40, situated in Section 32, T. 39N, R. 13W, N.M.P.M.  Director Haley noted a name change to the Cortez RV Resort.  Commissioner Lindsay moved to approve the High Impact/Special Use Permit for the Stoner RV Resort & Campground, submitted by Carol Leinberger, on property located at 26055 Road 40, Dolores.  Second by Commissioner Stevenson and carried.  (See attached)

Director, Haley with Assistant, Duncan presented for signatures of a Subdivision Amendment to the Hobo Acres Minor Subdivision, submitted by Valarie Francisco & Robin Estep, on properties located at 26986 & 26980 Road H, Cortez, CO, consisting of 20.02 acres, more or less, located south of Road H, east of Road 26.5, situated in Section 6, T.35N., R.15W., N.M.P.M.

Director, Haley with Assistant, Duncan presented for signatures of a High Impact/Special Use Permit for a Solar Photovoltaic Electricity Generating Project submitted by Shawn & Kathy Wells, Glen Wells  Empire Electric Association & Keith Cole; agent: Cortez Solar 2, LLC, on property located at 11501 Road 24, 11551 Road 24 & 23999 Road L.4, Cortez, CO, consisting of 67.69 acres, 37.27 acres, & 36.98 acres, more or less, 11267 Road 24, consisting of 9.47, more or less, all located north of Road L, west of Hwy 491, situated in Section 16, T.36N, R.16W, N.M.P.M.

Director, Haley with Assistant, Duncan presented for signatures of a 7 Lot Major Subdivision, submitted by Richard & Melanie McDonald, on property located at 12107 Hwy 145, Dolores, CO, consisting of 52.01 acres, more or less, located west of Hwy 145, north of Road M, situated in Section 12, T.36N, R.16W, N.M.P.M.

Director, Haley with Assistant, Duncan reported that the 2 Lot Moderate Subdivision, submitted by Terry and Larry Pickens, on property located at 13848 Road 23, Cortez, CO, consisting of 38 acres, more or less, located south of Road P, east of Road 23, situated in Section 4, T.36N., R.16W., N.M.P.M. was postponed to a later date.

PUBLIC COMMENT: Tiffany Ghere discussed the proposed redistricting project, proposed State gun resolutions and illegal marijuana grows within Montezuma County.  Allen Maez discussed the proposed redistricting project and the Cattlemen Association’s annual picnic.

GIS MAPPING: GIS Manager, Doug Roth met with the Commissioners to present, for approval, a letter addressed to the Colorado State Redistricting Committee regarding the Montezuma County proposed legislative redistricting.  Commissioner Lindsay moved to sign the letter.  Second by Commissioner Stevenson and carried.   (See attached)

PUBLIC HEALTH: Public Health Director, Bobbie Lock presented for approval the Essentials for Childhood Program, Contract Amendment #1 original contract number 2021*0191.  Commissioner Stevenson moved to sign the contract agreement 2021*0191 through CDPHE, and the Board of Commissioner in the Montezuma County Public Health Agency.  Second by Commissioner Lindsay and carried.  Arlina Yazzie and Katy Maxwell presented Commissioner Stevenson’s certificate of completion for the attended, Changing Our Mental and Emotional Trajectory (COMET) training.  (See attached)

DISCUSSION: Allen Giannakopoulos President of the Cedar Mesa Ranches HOA Inc., property owner Steve Campbell and from the Bureau of Land Management, Connie Clementson met with the Commissioners to discuss options, for emergency evacuation routes within the Cedar Mesa Ranches subdivision.  Topics discussed included; a five year fire mitigation plan, safe zones, home owner responsibilities, and defensible space.    (See attached)   

PUBLIC LANDS:  Canyon of the Ancients, National Monument Manager, Ray O’Neal met with the Commissioners and gave updates on the following topics: the current hours of operation for the Visitor Center / Museum, reopening the book sales area, a special exhibit, the Montezuma County Sheriff Office Mounted Patrol Unit’s public event scheduled September 2, 2021 at 10:a.m., and the Painted Hand Improvement Project. 

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 Dolores County Billing Report, the City of Cortez Billing Report, the DOC Holds Report, the July Operational Expense Report and the Monies Paid to the General Fund Report.  Other topics discussed included; the current COVID precautions for the jail, a proposed Commissioner jail tour, recent jail closures, mask or PPE requirements, the back-up generator and light fixture replacements at the jail.  Sheriff Nowlin presented for approval the Jail Based Behavior Service Grant for 2021-2022 in that amount of $31,289.00.  Commissioner Lindsay moved to approve the Montezuma County Sheriff’s Jail Based Behavior Service Grant for 2021-2022. Second by Commissioner Stevenson and carried.  (See attached)   

CORTEZ FIRE PROTECTION DISTRICT (CFPD): Chief, Jay Balfour met with the Commissioners to give a monthly report.  Topics discussed included the monthly and yearly Calls for Service, the average turnout time, silent dispatching and the District’s Community Risk Reduction concept, Smoke & Carbon Monoxide alarm installation, fire mitigation education, emergency preparedness, training in CPR, AED, First Aid and Stop the Bleed, address signs for residential and commercial properties, escape planning, pre-incident planning and fire station mile classifications.  (See attached)

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

Chairman Candelaria announced the meeting would reconvene

EMERGENCY MANAGEMENT:  Emergency Manager, Jim Spratlen met with the Commissioner and gave a monthly update.  Manager Spratlen presented for discussion and review; the Monthly Situational Report.  Topics discussed included; the CFPD emergency declaration, spot fires, the recent fire list, current Fire ban status for the Town of Dolores, the most recent fire forecast, the current national weather report, the national preparedness level, the County preparedness, water updates, a COVID update, the recent Homeland Security site visit, the Community Wildfire Protection Plan (CWPP), the Emergency Operations Plan (EOP) and the Annex I Building Plan, a completed fire drill at Annex III and a Federal Government declaration of a water shortage on the Colorado river.  (See attached)

RESOLUTION 11-2021: Administrator, Shak Powers along with Grant Writer, Rachel Marchbanks Simbeck presented Resolution 11-2021, a resolution authorizing the Main Street Project in Montezuma County.  Commissioner Lindsay moved to support, Resolution #11-2021, authorizing the Main Street Project in Montezuma County.  Seconded by Commissioner Stevenson and carried.   (See attached)

UNFINISHED BUSINESS: Topics discussed included; an update on the Southwest Roundtable applications, a requested update from Southwest Water Conservation District Representative, Don Schwindt.    

Administrator, Powers on behalf of Resource Director, James Dietrich presented a letter addressed to the Colorado State Attorney General’s Office, Ralph L. Carr Colorado Judicial Center in opposition to any action that would force Black Resources, Inc. to plug an existing well.  Commissioner Lindsay moved to sign the letter in opposition to plugging the Black Resources well.  Second by Commissioner Stevenson and carried.  (See attached)

Administrator, Powers presented a letter from Area Wildlife Manager, Adrian Archuleta regarding the Twin Spruce Ponds SWA- Fee Title to CPW-20-067 concurrence letter request.  A review and discussion was held in regards to the current No Net Loss Policy within the County.  Commissioner Lindsay moved to sign the letter of support for CPW, for the Twin Spruce Ponds acquisition.  Second by Commissioner Stevenson and carried.  (See attached)   

COUNTY ATTORNEY REPORT: County Attorney, Ian MacLaren gave an update on the Kinder Morgan BOAA case, the Road 21 Land Use Code violation, the Road Y issue and the Road 41 case.     

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

COUNTY ADMINISTRATOR REPORT: Administrator Shak Powers gave an update on the Annex III solar project and reported that he would be posting public notifications that the Commissioners will be attending the Western Region District meeting and the Cattlemen Associations annual picnic

COUNTY COMMISSIONER REPORT: Topics discussed within the Commissioners reports included: Commissioner Stevenson discussed the attended Mancos Town Board meeting, constituent phone calls and reading. Commissioner Lindsay discussed the attended Cortez City Council meeting, constituent phone calls and reading. Commissioner Candelaria discussed the attended Housing Authority Conference.

CORRESPONDENCE: The following correspondence was read and noted: Monthly report rom District Attorney Matt Margeson.  (See attached) 

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

MEETING ADJOURNED: 3:10 p.m.