PROCEEDINGS OF THE BOARD OF COMMISSIONERS

MONTEZUMA COUNTY, COLORADO

August 3, 2021

STATE OF COLORADO           )

                                                     ) ss.

COUNTY OF MONTEZUMA   )

At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday August 3, 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 3, 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 July 27, 2021 as presented.  Motion was seconded by Commissioner Stevenson and carried.

PLANNING: Planning Director, Don Haley with Assistant, S. Jane Duncan presented for signatures of a Mylar for a General Planned Unit Development, Phase I, submitted by Paul and Dana Weyand, Agent: Jason Carruth, on property located at 11187 Hwy 145, Cortez, CO, consisting of 99.39 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.

Director, Haley with Assistant Duncan presented an application for a Boundary Line adjustment / Agreement for Jessica Lenhardt.  Commissioner Stevenson moved to accept the application for a boundary adjustments for Jessica Lenhardt, 12461 Road 44 Mancos Co.  Second by Commissioner Lindsay and carried  (See attached)

Planning & Zoning Commission: Director, Haley reported that Chairman Rob Pope of the Planning and Zoning Board had resigned.  Director Haley’s recommendation was to advance John Hernandez as a permanent member to the Board.  Commissioner Lindsay moved to appoint John Hernandez to the Planning & Zoning Commission, as a permanent position and for a 2 year term.  Second by Commissioner Stevenson and carried.  

PUBLIC COMMENT: No public comment was made.

RESOLUTION #10-2021 / FIRE BAN: Sheriff Nowlin made a recommendation to the Board of County Commissioners to lift the Fire Ban within Montezuma County.  Resolution 10-2021, a resolution to suspend the ban on fires and use of firework was presented for approval.  Commissioner Lindsay moved to rescind the Fire Ban.  Seconded by Commissioner Stevenson and carried. (See attached)

PUBLIC HEALTH DEPARTMENT: Public Health Assistant Director, Laurel Schafer, met with the Commissioner to present for signatures the CNC Grant / Contract Amendment #2 for the time period September 1 through August 31.  Assistant Director Schafer noted, that this was the Suicide Prevention Grant.  Commissioner Stevenson moved to sign the agreement from the Montezuma County Public Health Department and the State of Colorado for contract #2020*3672 Amendment #2.  Second by Commissioner Lindsay and carried.  (See attached)

RESOLUTION #9-2021: Public Health Doctor, Kent Aiken, Scott Anderson and Matt Lindsay presented Resolution #9-2021.  A resolution concerning ambulance service licenses, permits, and regulation of emergency medical services.  Commissioner Lindsay moved to adopt Resolution #9-2021, Montezuma County Colorado concerning ambulance service licenses, permits, and regulation of emergency medical services.  Seconded by Commissioner Stevenson and carried.  (See attached) 

EXECUTIVE SESSION: Pursuant to Attorney Mac Laren’s suggestion, Commissioner Lindsay moved to go into executive session 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 to include Commissioners Stevenson, Lindsay and Candelaria, Administrator Powers, Attorney MacLaren, Clerk Percell, Road Superintendent Rob Englehart along with Mr. and Mrs. Jeff Bunnell from Ironwood Group LLC, seconded by Commissioner Stevenson and carried.  Topics for the executive session were legal tactics of negotiation, legalities and procedures regarding a road usage agreement between Montezuma County and Ironwood Group LLC.  Commissioner Stevenson moved to go out of executive session, seconded by Commissioner Lindsay and carried.  (See attached)

ROAD & BRIDGE DEPARTMENT: Road Superintendent, Rob Englehart met with the Commissioners to give a monthly report.  Superintendent Englehart presented the road and bridge schedule for the dates of August 1, 2021 through September 3, 2021 and gave an overview of the type of work scheduled for each crew.  Other topics discussed included; the McElmo Slip Project, the Root & Ratcliff project, and the Alkali Creek Bridge project.  (See attached)

NOXIOUS WEED DEPARTMENT: Weed Department Manager, Bonnie Loving met with the Commissioners to give a monthly report.  Topics discussed included;  musk thistle, applicator training, the new ATV, property owner mailings, spotted knapweed,  diffuse knapweed, the cost share program, property visits,  the back pack loaner program, the Hermana Project, the Diffuse Project, Biological control and amendments to the budget, for the additional $10,000.00 grant funds received.  Manager Loving made a request for permission to spend the additional funds received from the CDA.  Commissioner Lindsay moved to give permission to Manager Loving to spend the additional funds.  Second by Commissioner Stevenson and carried.  Manager Loving presented, for approval Noxious Weed Right of Entry Resolutions, #12-2021, #13-2021 and #14-2021.  Commissioner Stevenson moved to approve the three Right of Entries for the weed program.  Second by Commissioner Lindsay and carried.  (See attached)

LANDFILL: Bid Opening: The Commissioners opened the design build bid received for the replacement scale.  The bid received was from Western Slope Scale Service for a Rice Lake Weighing Model EZ4711-ST-OTR, 100 ton capacity, truck scale with a steel deck, in the amount of $84,750.00.   Commissioner Lindsay moved to approve the bid for the Landfill, from Western Slope Scale Service, in the amount of $84,750.00.  Second by Commissioner Stevenson and carried.  Landfill Manager, Mel Jarmon gave his monthly report which included the 2021 Landfill budget spread sheet.  Topics discussed with the report included; the APEN permit and new regulations from the CDPHE, the budget, equipment repairs, and a proposed new compactor purchase next year.   

FAIRGROUNDS: Fairgrounds Manager, Justin McGuire gave his monthly report which included the year to date numbers for income of $61,509.99 and attendance at 53,365.  A discussion was held regarding past and future events scheduled at the Fairgrounds.  Other topics discussed included; the County Fair, the commodity freezers, electrical issues during the County Fair and Commissioner review of the draft Race Track Agreement.  (See attached)

UNFINISHED BUSINESS: Commissioner Candelaria gave an overview of the Monday Workshop meetings.  Attorney MacLaren presented for approval, the Programmatic Partnership Agreement between the USDA Natural Resources Conservation Services (NRCS) and Montezuma County.  Commissioner Stevenson moved to sign the partnership agreement between the USDA Natural Resources Conservation Services (NRCS) and Montezuma County.  Second by Commissioner Lindsay and carried.  (See attached)

COUNTY ATTORNEY REPORT: County Attorney, Ian MacLaren gave an update on the Weber Canyon / Pax LLC case.

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

COUNTY ADMINISTRATOR REPORT: Administrator Shak Powers presented for signatures the updated list of individuals to serve on a local Juvenile Services Planning Committee. Administrator Powers presented a Public Notice for the Montezuma Heritage Museum event to be held August 9^th, 2021.  Other topics discussed included the Economic Development Team’s Community Survey.   (See attached)

EXPENDITURES REPORT: Administrator Powers presented the June 2021 Accounts Payable Expenditure Reports for approval.  Commissioner Stevenson moved to pay the expenditures in the amount of $3,602,572.49, for the June 2021 expenditures.  Second by Commissioner Lindsay and carried.   (See attached)

ORDER #4-2021: Administrator Powers presented Transfer order #4-2021. A transfer of $30,579 from General Fund (001) to Capital Fund (004) to correct solar invoice paid out of wrong fund.  Commissioner Lindsay moved to authorize, order #4-2021, for the transfer of $30,579 from the General Fund to Capital Fund, for the solar project.  Second by Commissioner Stevenson and carried.  (See attached)

ORDER #5-2021: Administrator Powers presented Transfer Order #5-2021.  A transfer of $14,958.00 from Road and Bridge (002) to Capital Fund (004) to correct solar invoice paid out of wrong fund.  (See attached)    Commissioner Stevenson moved to approve Order #5-2021, a transfer of $14,958.00 from Road and Bridge to the Capital Fund, to correct solar invoice paid out of wrong fund.  Second by Commissioner Lindsay and carried.  (See attached)

COUNTY COMMISSIONER REPORT: Topics discussed within the Commissioners reports included: Commissioner Lindsay discussed constituent phone calls, attendance at the County Fair and the City of Cortez Council meeting.  Commissioner Stevenson discussed the attended Mancos Town Board meeting, attendance at the County Fair, the Monday workshop, constituent phone calls and reading.  Commissioner Candelaria discussed the Region Board meeting, attendance at the County Fair, the Monday workshop and a tour of Road 41 to review the gates.  The Commissioner were in agreement to mail a letter addressed to Ray Lucero, Regional Director, Colorado Department of Labor and Employment.  (See attached)

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

Chairman Candelaria announced the meeting would reconvene

PUBLIC COMMENT: Chairman Candelaria allowed Barbara J. Hughes an opportunity to speak regrading her assessed property value.  Ms. Hughes was present during the morning session but missed the public comments period.  

BOARD OF EQUALIZATION: It being the time set aside the following Board of Equalization appeal was heard.  The proceedings were recorded for the record.  The appeal is from Stacy and Kendall Allen on account #R002579.  The petitioner, Stacy and Kendall Allen were present.  The Petitioner along with Assessor, Leslie Bugg discussed the petition for appeal and the process of valuation of said land.  After hearing the evidence presented, Commissioner Stevenson moved to accept the value recommended by the CBOE at this time and revisit at the next reevaluation period. Second by Commissioner Lindsay and carried.  Commissioner Candelaria closed the hearing at this time.  (See attached)

BOARD OF EQUALIZATION: It being the time set aside the following Board of Equalization appeal was heard.  The proceedings were recorded for the record. The appeal is from Calyn Allen on account #R017913.  The petitioner, Calyn Allen was present.  The Petitioner along with Assessor, Leslie Bugg discussed the petition for appeal and the process of valuation of said land.  After hearing the evidence presented, Commissioner Stevenson moved to adjust the valuation to $205,080.00.  Second by Commissioner Lindsay and carried.  Commissioner Candelaria closed the hearing at this time.  (See attached)

BOARD OF EQUALIZATION: It being the time set aside the following Board of Equalization appeal was scheduled.  The appeal is from Susan L. Grabbe on account #R007189.  The petitioner, Susan Grabbe was present.  The Petitioner along with Assessor, Leslie Bugg discussed the petition for appeal and the process of valuation of said land.  After hearing the evidence presented, Commissioner Lindsay moved to reduce the valuation to $236,156.00.  Second by Commissioner Stevenson and carried.   Commissioner Candelaria closed the hearing at this time.  (See attached)

CORRESPONDENCE: The following correspondence was read and noted:

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

MEETING ADJOURNED: 2:45 p.m.