PROCEEDINGS OF THE BOARD OF COMMISSIONERS

MONTEZUMA COUNTY, COLORADO

October 19, 2021

STATE OF COLORADO           )

                                                     ) ss.

COUNTY OF MONTEZUMA   )

At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday October 19, 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 October 19, 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 October 12, 2021 as presented.  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 Special Use Permit Application for the proposal of a solar photovoltaic (“PV”) project, submitted by Fish Brothers Land & Cattle Co, Agent: Cortez Solar 3, LLC, on property located at 25506 Road F.6, Cortez, CO, consisting of 39.70 acres, more or less, located south of Road G, east of Road 25, situated in Section 11, T.35N., R.16W., N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.   Agent, Nathan Stottler 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 Lindsay moved to approve the special use permit application for the proposal of a solar photovoltaic project, submitted by Fish Brothers Land & Cattle Co, Agent: Cortez Solar 3, LLC, on property located at 25506 Road F.6, Cortez,.  Second by Commissioner Stevenson and carried.  Commissioner Candelaria closed the hearing at this time.  (See attached)

PUBLIC HEARING: It being the time set aside a continued public hearing is held for review and determination of a proposed Single Lot Development and AR3-9 Rezoning Application, submitted by Jimmy G. Suckla, on property located at 12588 Road 23, Cortez, CO, consisting of 49.37 acres, more or less, located east of Road 23, west of Hwy 491, situated in Section 9, T.36N., R.16W., N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.   Jimmy and Julie Suckla were 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 single lot development and AR3-9 rezoning application, submitted by Jimmy G. Suckla, on property located at 12588 Road 23, Cortez, CO,.  Second by Commissioner Lindsay and carried.  Commissioner Candelaria closed the hearing at this time.  (See attached)

Director, Haley along with Assistant, Duncan presented for signatures of a Mylar for a Single Lot Development, submitted by Jimmy G. Suckla, on property located at 12588 Road 23, Cortez, CO, consisting of 49.37 acres, more or less, located east of Road 23, west of Hwy 491, situated in Section 9, T.36N., R.16W., N.M.P.M. (Not available at this time.)

Director, Haley along with Assistant, Duncan  presented for signatures of a Variance for setbacks, submitted by Jimmy G. Suckla, on property located at 12588 Road 23, Cortez, CO, consisting of 49.37 acres, more or less, located east of Road 23, west of Hwy 491, situated in Section 9, T.36N., R.16W., N.M.P.M.  Commissioner Stevenson moved to approve the one foot setback variance for the shed on the northwest property line.  Second by Commissioner Lindsay and carried. 

Director, Haley along with Assistant, Duncan presented for signatures a Mylar for a 2 Lot Minor Subdivision submitted by Gary & Georgia Stanley on property located at 19250 Road P, Cortez, CO, consisting of 35 acres, more or less, located west of Road 20, south of Road P, situated in Sections 35, T.37N., R.17W., N.M.P.M.

Director, Haley along with Assistant, Duncan presented for signatures a Mylar for the Amendment to the Pickens 2 Lot Moderate Subdivision submitted by Terry and Larry Pickens, on property located at 13848 Road 23, Cortez, CO, consisting of 23 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

PUBLIC COMMENT: No public comments were made.

COUNTY CORONER: Coroner, George Deavers was not available at this time. 

EMERGENCY MANAGEMENT:  Emergency Manager, Jim Spratlen met with the Commissioners and gave a monthly update.  Manager Spratlen gave a review of the Emergency Management Situation Report.  Topics discussed included; preparedness levels, fire restrictions, drought conditions, air quality, a COVID update, the (CWPP) Community Wildfire Protection Plan and County PPE supplies.  Manager Spratlen presented for approval, the revised Emergency Operations Plan along with, RESOLUTION #15-2021.  A resolution adopting the revised Emergency Operations Plan for the County of Montezuma, State of Colorado.  Commissioner Stevenson moved to accept Resolution #2021-15 for the Emergency Operation Plans, revised and adopted on October 19, 2021.  Second by Commissioner Lindsay and carried.  Chief, Jay Balfour from the Cortez Fire Protection District joined the meeting and discussed the Emergency Health Disaster Declaration.   (See attached)          

DISTRICT ATTORNEY: District Attorney, Office Manager, Clarisa Feuilly met virtually with the Commissioners to give a monthly report.   Topics discussed included; court restrictions, jury trials, working remotely, the case statistics report, back log procedures, the total 2021 months of operations and scheduling the District Attorney, report during the Monday workshop sessions.  (See attached)

BID AWARD: Administrator, Powers presented for approval, the previously reviewed bids for the Community Intervention Program.  Administrator Powers reported there were no competing bids and these bids, met all requirements of the requests for bid.  Bids received included: from the Cortez Fire Protection District, a total amount of $137,917.44, for two emergency medical technicians, and from Axis Health System a total amount of $186,302.49 for the Behavioral Health Clinician Services.  Commissioner Stevenson moved to award the bid to Cortez Fire Protection District for the two emergency medical technicians, for the amount of $113,982.00 payable in 12 monthly payments, which includes the indirect charges, for a sum of $137,917.44.  Second by Commissioner Lindsay and carried.  Commissioner Lindsay moved to award, for the proposal of the Behavioral Health Clinician Services of the Community Intervention Program, in the amount of $186,302.49, not to be exceeded, to Axis Health.  Second by Commissioner Stevenson and carried.  (See attached)

UNFINISHED BUSINESS:  No unfinished business presented.

COUNTY ATTORNEY REPORT: County Attorney, Ian MacLaren reported on a discussion held with the Dolores Bike Club regarding the Dolores Trail Easement, civil cases waiting on filings and reported he was working with the Health Department regarding pit privies. 

COUNTY ADMINISTRATOR REPORT: Administrator, Shak Powers presented for approval the Montezuma County Fair, State of Colorado Department of Agriculture Grant #POGG1,BAAA,202200002422, in the amount of $37,561.00.  Commissioner Stevenson moved to sign the acceptance of the grant #POGG1,BAAA,202200002422. Second by Commissioner Lindsay and carried. (See attached)

Administrator, Shak Powers presented for approval a letter of support addressed to the DOLA Committee, regarding the Mancos Housing Affordable Strategy Grant. Commissioner Lindsay moved to approve the support letter for the Affordable Housing Strategy Grant for Mancos.  Second by Commissioner Stevenson and carried.  (See attached)  

NATURAL RESOURCES, PLANNING & PUBLIC LANDS: Resource Director, James Dietrich, met with the commissioner to give a weekly report.  A letter of recommendation, for Director Dietrich’s re-appointment to the Southwest Colorado Resource Advisory Council (SWRAC) was presented for approval.  Commissioner Lindsay moved to approve the letter of support, for James Dietrich to be re-appointment to the Southwest Resource Advisory Council.  Second by Commissioner Stevenson and carried.  Other topics discussed included; combining the Paths to Mesa Verde Trail and the Broad Band Projects, an update on the Paths to Mesa Verde Trail and a scheduled discussion with the Dolores Town Board regarding the proposed 30×30 legislation.   (See attached)

COUNTY COMMISSIONER REPORT: Topics discussed within the Commissioners reports included: Commissioner Lindsay discussed; constituent road phone calls and the attended Cortez City Council meeting.  Commissioner Stevenson discussed; reading material and an email received from the DWCD regarding the proposed NCA legislation. Commissioner Candelaria discussed the attended Housing Authority                                                                                   Tour, an economic development discussion regarding a manufactured housing plant, the attended Southwest TPR meeting, the attended (STAC) State Transportation Advisory Committee meeting, Monday’s workshop, the Fairground’s Race Track contract and budget presentations. 

CORRESPONDENCE: The following correspondence was read and noted:

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

MEETING ADJOURNED: 10:15 a.m.