PROCEEDINGS OF THE BOARD OF COMMISSIONERS

MONTEZUMA COUNTY, COLORADO

November 16, 2021

STATE OF COLORADO           )

                                                     ) ss.

COUNTY OF MONTEZUMA   )

At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday November 16, 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 (By zoom)

Kim Percell, County Clerk

CHAIRMAN, CANDELARIA opened the meeting of November 16, 2021 with the Pledge of Allegiance.

MINUTES: Commissioner Lindsay moved to accept the minutes of the Proceedings of the Board of Commissioners Montezuma County, Colorado dated November 9, 2021 as presented.  Motion was seconded by Commissioner Stevenson and carried.

PLANNING: Appearing by Zoom, Planning Director, Don Haley, and in person, Assistant, S. Jane Duncan, along with the JuWi, Inc. Senior Project Manager, David Kimmet, met with the Commissioner to introduce a proposed solar project, located west of Hwy 491, near Roads S, 17, 18 & P.  Topics discussed included the acreage of the project, the county benefits of the project, an 18 month construction period and a project completion date in 2024.  Mr. Kimmet introduced the JuWi Inc., Senior Vice President, Mark Marion and Project Development Manager, Bryan Lohoff.  (See attached)

PUBLIC HEARING: It being the time set aside a public hearing is held for review and determination of a proposed 2 Lot Moderate Subdivision and AR3-9 Rezoning Application, submitted by Brumley Family Ranch, LLC, on property located at 16440 Road 30, Dolores, CO, consisting of 46.94 acres, more or less, located east of Road 30, south of Hwy 184, situated in Section 22, 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. Brumley 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 Lindsay moved to continue the public hearing, to a date to be determined, for the, Brumley Family Ranch, LLC, on property located at 16440 Road 30, Dolores.  Second by Commissioner Stevenson and carried.   (See attached)

PUBLIC HEARING: It being the time set aside a public hearing is held for review and determination of a proposed General Planned Unit Development and Rezoning Application submitted by Ironwood Group, LLC, on property located at 27736 Road T, Dolores, CO, consisting of 45.48 acres, more or less, located south of Road T, west of Hwy 145, situated in Section 19, T.37N., R.15W., N.M.P.M..  The roll was called, the public notice read, and the proceedings were recorded for the record.   From Ironwood Group LLC., Chief Finance officer, Mark Hartman and Plant Manager, Wade Bantley, 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.  Emergency Manager, Jim Spratlen and Cortez Fire Protection District Chief, Jay Balfour joined the hearing, to discuss the development of fire mitigation plans. Commissioner Stevenson moved to continue the proposed General Planned Unit Development and Rezoning Application submitted by Ironwood Group, LLC, on property located at 27736 Road T, Dolores, to February 1, 2022 at 9:00 a.m..  Second by Commissioner Lindsay and carried.  (See attached)

Director, Haley reported that the presentation for signatures of a Variance for the Land Use Code Requirement of the 3 acre parcel size, submitted by Spencer Smith; agent: Ernie Maness, on property located at 26780 Road M, Cortez, CO, consisting of 247.62 acres, more or less, located south of Road M, west of Hwy 145, situated in Section 13, T.36N, R.16W, N.M.P.M., was postponed to a future date. 

Director, Haley along with Assistant, Duncan presented for signatures of a Boundary Line Adjustment, submitted by Madeline Butcher, on property located at 25289 Road X, consisting of 12 acres, more or less, and Reed-Carr Trust, on property located at 25357 Road X, Dolores, CO, consisting of 4 acres, more or less, both located north of Road X, east of Road 23, situated in Section 26, T.38N, R.16W, N.M.P.M.  Commissioner Lindsay moved to approve the variance for the boundary line adjustment for Madeline Butcher, on property located at 25289 Road X.  Second by Commissioner Stevenson, and with two votes in favor by Commissioners Lindsay and Stevenson and one vote against from Commissioner Candelaria, the motion carried.  (See attached)

Director, Haley along with Assistant, Duncan presented for signatures a Mylar for a 2 Lot Minor Subdivision submitted by Sharon Williams, agent: Krista Veloso, on property located at 7251 Road 25, Cortez, CO, consisting of 35 acres, more or less, located north of Road G, west of Road 25, situated in Section 3, T.35N, R.16W, N.M.P.M.

Director, Haley discussed personal property developments for RV Parks or Camp Ground Sites and the permitting process required for such developments. 

PUBLIC LANDS:  Bureau of Land Management, Connie Clementson met virtually with the Commissioners and discussed the BLM access parking lot off of Road N.  From the Forrest Service, D. J. Casey met virtually, with the Commissioners and reviewed Forest Management within Montezuma and Dolores Counties.  (See attached) 

PUBLIC COMMENT: Public comments were made by; Melissa, Valdez, Rose Jergens, Ed Carpenter, Trent Bishop, John Godbout, Jay Wood, Susan Bernard, Kathy VanVleet, Terry Hinds, Allen Maez, Debra Gentilini, and Lana Kelly.  Virtual public comment was made by; MB McAfee and Julia Anderson.  (See attached)

DISCUSSION: Property owner, Dawn Lightenberger met with the Commissioners to discuss an address change to a Montezuma County property and made a request for an exemption of that change.  GIS Specialist, Rachel Medina presented the Montezuma County Addressing Office address change process. Sheriff Nowlin discussed emergency response to the newly assigned address.  The Commissioners were in agreement to table the discussion until December 14^th for further review.  (See attached)  

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 Year to Date Transport Report, the Total Monthly Inmate Report, the October Monthly Arrests Report, the Jail Report, the Dolores County Billing Report, the City of Cortez Billing Report, the DOC Holds Report, the Operational Expense Report and the Monies Paid to the General Fund Report. Other topics discussed included; a transport vehicle collision, damage expense to the vehicle and public education classes.  (See attached)  

COUNTY CORONER: Coroner, George Deavers met with the Commissioners to give a monthly report.  Topics discussed included; the year to date numbers, suicides, motor vehicle fatalities and neighboring counties using the autopsy suite.

CORTEZ FIRE PROTECTION DISTRICT (CFPD): Chief, Jay Balfour met with the Commissioners to give a monthly report.  Topics discussed included a Calls for Service Report, year to date training hours, a report on a recent structure fire, a dumpster fire, response to the transport vehicle collision, stand by operations, prescribed burns, the 911 Stair Climb Challenge, fire education, a reminder to local residents to check their smoke detectors, the Community Intervention program, an update of the Calkins Building Project, the new Urgent Care Center and the development and certification of a Fireworks Team to manage local firework events.   (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; water updates, the evaporation rate, a COVID update, the (CWPP) Community Wildfire Protection Plan, information on the Rocky Mountain Fire Executive Council and the Ironwood property fire mitigation plan.  (See attached)

UNFINISHED BUSINESS: Attorney MacLaren presented for approval the City of Cortez, Fiber Management Agreement.  Commissioner Lindsay moved to sign the agreement between Montezuma County and the City of Cortez, for the Community network enterprise, regarding a broadband fiber network.  Second by Commissioner Stevenson and carried.  Other topics discussed included; the developed (RFP) Request for Proposal for the Management of Existing Fiber.  (See attached)

2022 Official County Holiday Schedule: Administrator Powers presented for discussion the 2022 Montezuma County Official County Holiday Schedule. Commissioner Candelaria described the following ten Federal holidays that would be observed; New Year’s Day, Martin Luther King Jr. Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Columbus/Indigenous People Day, Veterans Day, Thanksgiving Day and Christmas Day.  Commissioner Stevenson moved that for the official County holidays, we stick with the federal days off, as stated by Commissioner Candelaria.  Second by Commissioner Lindsay and carried.  (See attached)

From the Benefits Advisory Committee; Human Resource Assistant, Billye Morgan met with the Commissioners for a final decision on the 2022 Employee Dependent Care Insurance.  The Commissioners were in agreement to move forward with the previously approved, 2022 employee dependent care insurance as presented.  

COUNTY ATTORNEY REPORT: County Attorney, Ian MacLaren appearing by Zoom, gave an update on the discussions with the Dolores Bike Club regarding the Dolores Trail Easement.

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

COUNTY ADMINISTRATOR REPORT: Administrator, Shak Powers presented for approval the PAYABLE EXPENDITURE REPORT for September, 2021.  Commissioner Lindsay moved to accept the payables for the month of September, 2021.  Second by Commissioner Stevenson and carried.   (See attached)

COUNTY COMMISSIONER REPORT: Topics discussed within the Commissioners reports included: Commissioner Stevenson discussed the attended Mancos Town Board meeting and constituent discussions.  Commissioner Lindsay discussed; constituent discussions and the attended Cortez City Council meeting.  Commissioner Candelaria discussed; the attended Veterans Day breakfast and parade, the virtual attendance to the State Transportation Advisory meeting, a NACO Transportation Steering Committee priority survey, a ride along with Road Superintendent Englehart to review culvert projects, a truck route designation on Road 22 and an overview of the Monday workshop. 

CORRESPONDENCE: The following correspondence was read and noted:

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

MEETING ADJOURNED: 2:00 p.m.