PROCEEDINGS OF THE BOARD OF COMMISSIONERS

MONTEZUMA COUNTY, COLORADO

April 20, 2021

STATE OF COLORADO           )

                                                     ) ss.

COUNTY OF MONTEZUMA   )

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

John C. Baxter, County Attorney

Kim Percell, County Clerk,

CHAIRMAN, CANDELARIA opened the meeting of April 20, 2021 with the Pledge of Allegiance.

MINUTES: Commissioner Lindsay moved to approve the minutes of the Proceedings of the Board of Commissioners Montezuma County, Colorado dated April 13, 2021 as amended.  Motion was seconded by Commissioner Stevenson and carried.

PLANNING: Planning Director, Don Haley, and Planning Assistant, S. Jane Duncan presented for approval and signatures, a Boundary Line Adjustment, submitted by Floyd Family Trust; agent: David Kimble and Maness Family Farm, LLC, on properties located at 25811 Road G and 25080 Road H, Cortez, CO, consisting of 79.12 acres, more or less and 216.30 acres, more or less, both located north of Road G, east of Road 25, situated in Section 2, T.35N, R.16W, N.M.P.M.  Commissioner Lindsay made a motion to move forward and approve the Planning Department’s boundary line adjustment for the Floyd Family Trust, agent: David Kimble and the Maness Family Farm, located at 25811 County Road G and 25080 County Road H, Cortez.  Second by Commissioner Stevenson and carried.    

Director Haley gave an update on the 60 day extension for the Planned Unit Development submitted by Jay & Virginia Collier; agent: Justin Collier, on property located at 18667 Hwy 145, consisting of 3.70 acres, more or less, east of Dolores, north of Hwy 145, situated in Section 12 T.37N, R.15W, N.M.P.M. Other topics discussed included Monday’s workshop COGCC / SB- 181 legislation presentation.

FAIRGROUNDS RACE TRACK DISCUSSION: Fairgrounds Manager, Justin McGuire along with the Race Track Promoter, Eugene Felker, met with the Commissioners to give an update on the recently held Demolition Derby.  A discussion was held regarding county funding for improvements to the racetrack. Topics of the discussion included; economic benefits from Race track events, community involvement, the current lease agreement, fencing, lighting, upgrades to the rodeo facilities, County Fair events, the Hospital District tax, the history of the County race track, the County grant writer’s salary (by contract $30.00 per hour plus 1% of secured grant funds), motor sports grant opportunities, a Promoter announcement during the Saturday event, a newspaper article from 4/22/2019, the Promoter’s interest in purchasing the property, the property access easement, the outdoor arena improvements donated by the Ute Mountain Roundup Rodeo Committee, improvements made to the indoor arena, bids for the fencing, the usable property acreage, a proposed purchase price discussion, County critical financial needs, the (ARP) American Rescue Plan funds and restrictions.  (See attached) 

PUBLIC COMMENT: Tony Hill gave a history the Racetrack and discussed county funding for the improvements discussed.  David Raubeson, Ethan Summa, John Burntred, Andi Bundy, Jeff Coulon, Krissy Carpenter, Glen Brace, Don Taylor, Richard Cox, Amanda Carpenter, Tiffany Hurst, Ron Aubuchon, Larry Rust, Sylvia Hageman, discussed community support, family participation and improvements for the Racetrack.  Tiffany Ghere discussed youth involvement and support for the racetrack, then asked for updates on the following discussions; deputy retention, SB-217 and the Planning’s nuisance property issues.  (See attached)

TEAM UP CHILD MALTREATMENT PREVENTION ACTION TEAM DISCUSSION: Emily Spahn and the High School (CAPS) Child Abuse Prevention Society team members, Khyzten Stiegelmeyer, Hope Perry, John Dieicco and Hannah Sparks met with the Commissioners to give a power point presentation from the Child Abuse Prevention Society.  Topics discussed included: child abuse statistics, substantiated cases within Montezuma County, County resources, reporting child safety issues, violations, the team members involvement stories, goals, education, adverse childhood experiences, positive childhood experiences, raising awareness, proposed community mural selections, decreasing stigmatization for reporting, social media, community engagement, and an invitation to the Montezuma County Supports Each Other event, scheduled on May 11, 2021 from 12:00 p.m. through 2:00 p.m., at the County Annex.  (See attached) 

EMERGENCY MANAGEMENT: From the Colorado Emergency Management Association Board, City of Durango, Emergency Manager, Terry Hoecker along with Dolores County Emergency Manager, Keith Keesling joined the meeting to present Emergency Manager Jim Spratlen, the Colorado Emergency Manager of the Year Award.  (See attached)

Emergency Manager, Jim Spratlen met with the Commissioner to give a monthly update.  Manager Spratlen presented for discussion and review; the Monthly Situational Report.  Topics discussed included; PPE supplies, the State Status report, Safety and Security, the Aspen Wall Wood smolder fire, temperature probes, prescribed burns, gearing up for fire season, the Operating Plan, weather predictions, food, water, sheltering, health and medical,  a COVID-19 update, the State dial, vaccine reports, a hospital report, energy power and fuel, communications, Nixle reporting, the development of a new repeater system, transportation, hazardous materials, an update on the M&M Truck Stop property, the (CWPP) Community Wildfire Protection Plan, the  (EMPG) Emergency Management Performance Grant, Cares Act Funding, (EOP) Emergency Operations Plan, the (HMP) Hazard Mitigation Plan, the (SWAHAC) Southwest all Hazards Advisory Council, the Training and Exercise Plan, training drills, the Annex III Emergency Response Plan and the development of all County building emergency operation plans.  (See attached)

DISTRICT ATTORNEY: Office Manager, Clarisa Feuilly met with the Commissioners to give a monthly report.  Manager Fueilly reported on scheduled jury trials and discussed a future need for additional office space. 

COUNTY ATTORNEY REPORT: County Attorney, John Baxter, gave updates on the Kinder Morgan CO2 case, the Weber Canyon / Pax LLC case, the Road Y closed gate issue, and the letter sent to a property owner regarding a Planning & Zoning violation.

NATURAL RESOURCES, PLANNING & PUBLIC LANDS: Resource Director, James Dietrich; reported on the conference call with Congresswoman Lauren Boebert. Topics discussed within that call included; the proposed 30×30 project, the immigration situation, proposed regulations for the EPA, waters of the United States, the New Green Deal, Western Waters Protection and the discussion regarding the relocation of the BLM.  Other topics discussed included the attended Water Congress discussion, the (CWCB) Colorado Water Conservation Board Equity Committee, the Hospital District irrigation project, the limited opening of the Canyon of the Ancients National Monument and a proposed BLM request for a donation of gravel for the Summit access and parking lot. 

COUNTY ADMINISTRATOR REPORT: Administrator Shak Powers discussed a Southwest Colorado Region Virtual Townhall meeting with Attorney General, Phil Weiser, scheduled for April 22, 2021 at 2:00 p.m. to discuss the opioid settlement.  Administrator Powers discussed the purpose of government and County funding priorities. (See attached)

COUNTY COMMISSIONER REPORT: Topics discussed within the Commissioners reports included: Commissioner Lindsay discussed the attended by zoom, Cortez City Council meeting, the attended Montezuma County Hospital District meeting and constituent phone calls. Commissioner Stevenson discussed the attended Mancos Town Board meeting, the (ARP) American Rescue Plan funds, the Lewis Arriola Community Center fund raiser and constituent phone calls.  Commissioner Candelaria discussed the developed Noxious Weed video, a zoom attendance to the Front Range Passenger Rail Conversation meeting, SB-21-1117, the Lewis Arriola Community Center fund raiser, the Monday workshop presentation and request for a letter of support from Elizabeth Marsh with SCAPE, a Monday workshop presentation and update on SB-181.  Commissioner Stevenson moved to sign the letter of support for SCAPE and send it to Emily Miller, the Acting OID Director, from Montezuma County.  Second by Commissioner Lindsay and carried. (See attached)

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

Chairman Candelaria announced the meeting would reconvene.

WATER ISSUES: Mancos Conservation District, Executive Director, Gretchen Rank, met with the Commissioners to give a power point presentation discussing Water Concerns for the Mancos Watershed.  Topics discussed included the 2011 Mancos Watershed Plan, Watershed Plan recommendations, the Phase 1- Planning and design, the Mancos River Habitat and Diversion Project – Phase II, the Exon Diversion before and after, the Mancos River Habitat and Diversion Project- Phase III, the Samson Diversion before and after,   the Mancos Watershed Water Concern Gathering, Colorado Decision Support Tools, the Mancos River Watershed Drought resilience Planning,  Mancos River diversions,  the Mancos Basin monthly flow comparison, a 2015 Crop Consumptive Use graph, a near Towaoc flow chart, current projects, partners and technical assistance providers. Dolores Water Conservation District Manager, Ken Curtis discussed the current drought conditions. Ed Millard, Montezuma County’s Representative to the Southwest Basin Round Table, gave an update on the attended River District meeting. 

EMPIRE ELECTRIC DISCUSSION: Board members, Larry Archibeque, Jerry Fetterman, David Sitton, Bob Barry, and Norman Butler along with Empire Electric’s General Manager Josh Dellinger, Member Engagement Manager Andy Carter, Operations Manager Ken Tarr, Finance Manager Ginny Johnson and Business Service Manager Chis Snyder met with the Commissioners for a Board to Board meeting.  Topics of the discussion included; a completed Cost of Service Study, grid access charges, demand charges, kilowatt hour charges, demand categories, peak demand draws, billed power charges, energy billings to members, County solar projects, the new rate structure, service load profiles, facility demand peaks, usage habits, a complete county services review, scheduled forums to discuss the member rates, peak demand reductions, shifting usage to off peak hours, on peak hours (12:00 p.m. to 10:00 p.m., Monday through Saturday excluding holidays), individual rate management opportunities, high / low load factors,  Tristate rules, the All Energy Rate, Time Use and Demand Rate, General Service Three Phase, large power rates, KVA ratings, a proposed County energy efficiency study, facility LED light upgrades, the Empire Electric / Landfill refrigerant appliance event, current legislation, the June 17, 2021 annual meeting and the directorship election.

CORRESPONDENCE: The following correspondence was read and noted:

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

MEETING ADJOURNED: 4:30 p.m.