PROCEEDINGS OF THE BOARD OF COMMISSIONERS

MONTEZUMA COUNTY, COLORADO

February 9, 2021

STATE OF COLORADO           )

                                                     ) ss.

COUNTY OF MONTEZUMA   )

At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday February 9, 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

John C. Baxter, County Attorney

Kim Percell, County Clerk

CHAIRMAN, CANDELARIA opened the meeting of February 9, 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 February 2, 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 of a proposed Boundary Line Adjustment Application for the Lebanon Town Sites HOA, submitted by Bill Wedelich, HOA President, on property located at 24908 Road S.8, Dolores, CO, consisting of 0.20 acres, more or less, situated west of Road 25, south of Road S.8, in Section 22, 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. Wedelich 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 this application.  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 public hearing is held for review and determination of a proposed 2 Lot Minor Subdivision and AR10-34 Rezoning Application, submitted by Michael Goodman; agent: Brian McLaughlin, on property located at 13045 Road 38.7, Mancos, CO, consisting of 46.15 acres, more or less, located north of Hwy 184, west of Road 40, situated in Section 1, T.36N, R.14W, N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.  Mr. McLaughlin 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 2 lot minor subdivision and AR10-34 rezoning application, submitted by Michael Goodman; agent: Brian McLaughlin, on property located at 13045 Road 38.7, Mancos, CO.  Second by Commissioner Lindsay and carried.  Commissioner Candelaria closed the hearing at this time.  (See attached)

PLANNING: Director, Don Haley with Assistant, S. Jane Duncan presented for signatures a Mylar for a 2 Lot Minor Subdivision and 3 acre Heavy Industrial Rezoning submitted by Daniel Hoch on property located at TBD Road L, Cortez, CO, consisting of 35.95 acres, more or less, located south of Road L, east of Road 26, situated in S. 24, T.36N, R.16W, N.M.P.M.

PLANNING: Director, Haley with Assistant, Duncan presented for signatures a Mylar for a Single Lot Development, submitted by Melvin Hicks, on property located at 13162 Road 25, Cortez, CO, consisting of 80 acres, more or less, located north of Road N, west of Road 25, situated in Section 2, T.36N, R.16W, N.M.P.M.

PLANNING: Director, Haley with Assistant, Duncan presented for signatures a Mylar for a Single Lot Development and Rezoning submitted by Jarrod & Colette Wyatt, on property located at 26833 Road L, Cortez, CO, consisting of 49.60 acres, more or less, located north of Road L/Alamosa St, west of Hwy 145, situated in Section 13, T.36N, R.16W, N.M.P.M.

EXECUTIVE SESSION: Pursuant to Attorney Baxter’s suggestion, Commissioner Lindsay moved to go into executive session for a conference with the attorney, for discussion of specialized details of security arrangements or investigations under C.R.S. Section 24-6-402 (4) (d); to include Commissioners, Candelaria, Lindsay and Stevenson, Administrator Powers, Attorney Baxter, Clerk Percell, Sheriff Nowlin, Lieutenant Vici Pierce, D.A. Matt Margeson and Clarisa Feuilly, seconded by Commissioner Stevenson and carried. Representative Marc Catlin joined the session by phone.  Commissioner Stevenson moved to go out of executive session, seconded by Commissioner Lindsay and carried.   (See attached)

PUBLIC COMMENT: Shelly Rhames and Kristen Ray discussed the Fairground’s Racetrack youth program and suggested improvements for the racetrack.  Allen Maez discussed the County’s status on the Governor’s COVID color restrictions.

OPERATION GRADUATION: Melissa Brunner and Megan Tallmadge from the Dolores School’s Operation Graduation Program, met with the Commissioners with a request to waive the fees for the use of the County Fairgrounds, for their graduation event scheduled on May 5, 2021.  Commissioner Lindsay moved to approve the request.  Second by Commissioner Stevenson and carried.  (See attached)  

LIQUOR LICENSE: On behalf of Deputy Clerk, Jerri Frizzell, Attorney Baxter, presented for approval a liquor license renewal application for Paragon Business Investments, LLC, DBA Hilltop Liquors, located at 27963 Hwy. 184 Dolores. Commissioner Stevenson moved to approve the fermented malt beverage license renewal application for Paragon Business Investments, LLC, DBA Hilltop Liquors.  Second by Commissioner Lindsay and carried.  (See attached)

IT: IT Director, Jim McClain introduced himself and gave an overview of the IT Department. Topics discussed included: Milestones, miscellaneous statistics and the departments supported.  (See attached)

VEHICLE MAINTENANCE: Road & Bridge Equipment Manager, Shane Higman introduced himself and gave an overview of the Vehicle Maintenance Department.  Topics discussed included; the current vehicle report, the fleet hourly rate break down, the County heavy and light fleet, challenges, future opportunities and goals.  CSU Extension Director, Gregory Felsen joined the meeting with a request to donate a county vehicle to the Good Samaritan Center.  Commissioner Lindsay moved to donate the vehicle to the Good Samaritan Center for the Good Sam’s Food Pantry program.  Second by Commissioner Stevenson and carried.  (See attached)

GIS MAPPING: GIS Manager, Doug Roth and Mapping Specialist, Rachel Medina introduced themselves and gave an overview of the GIS Department.  Topics discussed included; the role played in local government operations, the history of the department, the budget, base duties,  the departments served, a 2012-2020 public map viewer usage by year graph, recent and current projects along with future goals and long term projects.  (See attached)

COUNTY ATTORNEY REPORT: County Attorney, John Baxter, reported on the Road Y closed gate issue, a scheduled landowner (BAA) Board of Assessment Appeals hearing and proposed fire code additions to the County Land Use Code.

NATURAL RESOURCES, PLANNING & PUBLIC LANDS: Resource Director, James Dietrich, met with the Commissioners to give a weekly report.  Director Dietrich gave an overview and discussed the grant funding for the Paths to Mesa Verde Project and presented for signatures the Federal Highway Administration Federal Land Highway Agreement #6982AF-21-K-500012 and the Federal Lands Access Program Project Memorandum of Agreement.  Commissioner Stevenson moved to sign the Federal Highway Administration Federal Lands Highway Agreement #6982AF-21-K-500012.  Seconded by Commissioner Lindsay and carried.  Commissioner Lindsay moved to approve the Federal Lands Access Program Project Memorandum of Agreement dated December 15, 2020 project facility name CO FLAP, MEVA Trail 1, Path to Mesa Verde.  Seconded by Commissioner Stevenson and carried.  Other topics discussed included; the Yellow Jacket and Flowdine archeological assessment.  (See attached)

COUNTY ADMINISTRATOR REPORT: Administrator Shak Powers on behalf of the County Assessor, Leslie Bugg presented for determination and approval, Petitions of Abatement or Refund of Taxes from, Precision Drilling Company L.P. and Reel Cinema LLC., along with a Contract Extension Agreement with Value West for a commercial property appraiser.  Commissioner Lindsay moved to abate Precision Drilling Company L.P. in the amount of $29,400.56.  Second by Commissioner Stevenson and carried.  Commissioner Lindsay moved to abate Reel Cinema LLC in the amount of $15,961.78.  Second by Commissioner Stevenson and carried.  Commissioner Stevenson moved to renew the Value West contract with the County for their appraisals in commercial property within Montezuma County.  Second by Commissioner Lindsay and carried.  Other topics discussed included the following public notices; Board to Board Meeting scheduled February 9th, 1:30 p.m. executive session with Montezuma Valley Irrigation Co.,

Board to Board Meeting scheduled February 10th, 5:30 p.m. with the Mancos Town Council, Board to Board Meeting scheduled February 16th, 6:00 p.m. with the Cortez City Council,

Board to Board Meeting scheduled February 18th, 6:30 p.m. with the Dolores Town Council, and attended meetings with Access and the Cortez Sanitation District.   (See attached)

COUNTY COMMISSIONER REPORT: Topics discussed within the Commissioners reports included:  Commissioner Stevenson reported on the attended CCI workshops, NCA public conversations, catching up on emails and education.  Commissioner Lindsay reported on a viewed video on solar property assessment and public discussions on tourism and taxation. Commissioner Candelaria reported on the attended County Commissioners of Southwest Colorado meeting, vaccine allocations and the attended Dolores Town Council meeting.  

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

Chairman Candelaria announced the meeting would reconvene with a Board to Board Executive Session at the Montezuma Valley Irrigation Company building, then return to the Commissioner room for final reports and adjournment. 

EXECUTIVE SESSION: Pursuant to Public Notice the Board of County Commissioners moved into executive session with Montezuma Valley Irrigation Company,  for a conference with the attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4) (b); and for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-402 (4) (e).  County attendees included; Commissioners Candelaria, Lindsay and Stevenson, Administrator Powers, Attorney Baxter and Clerk Percell.  Other attendees included the Montezuma Valley Irrigation Board members, Gerald Koppenhafer, James Snyder, Marc Garlinghouse, Danny Wilkin, Les Nunn, Bill Jarrett and Drew Gordanier.  Topics for the executive session were legal tactics of negotiation, legalities and procedure regarding the ongoing lawsuit.  Commissioner Stevenson moved to go out of executive session, seconded by Commissioner Lindsay and carried.   (See attached) 

Montezuma Valley Irrigation Company: A discussion was held regarding the Montezuma Valley Irrigation Company’s position with the NCA’s and other water issues.   

PUBLIC COMMENT: None

CORRESPONDENCE: The following correspondence was read and noted:

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

MEETING ADJOURNED: 3:15 p.m.