PROCEEDINGS OF THE BOARD OF COMMISSIONERS

MONTEZUMA COUNTY, COLORADO

August 31, 2021

STATE OF COLORADO           )

                                                     ) ss.

COUNTY OF MONTEZUMA   )

At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday August 31, 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 31, 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 August 24, 2021 as presented.  Motion was seconded by Commissioner Lindsay and carried.

PLANNING: Planning Director, Don Haley with Assistant, S. Jane Duncan presented for signatures, a Subdivision Amendment & Rezoning to the Lichliter 2 Lot Moderate Subdivision, submitted by Julian Martinez, on property located at 25695 Road M, Cortez, CO, consisting of 11.35 acres, more or less, located north of Road M, west of Road 26, situated in Sections 11, T.36N., R.16W., N.M.P.M.

Director, Haley with Assistant, Duncan presented for signatures of an After-The-Fact Exemption submitted by Michael & Regina Ford, on property located at 16389 , Cortez, CO, consisting of 1.37 acres, more or less, located north of Road S, west of Road 20, situated in Section 23, T.37N, R.17W, N.M.P.M.  Commissioner Lindsay recused himself from the discussion.  Commissioner Stevenson moved to approve the After-The-Fact Exemption submitted by Michael & Regina Ford, on property located at 16389, Cortez, CO.  Second by Commissioner Candelaria and carried.  (See attached)

Director, Haley with Assistant, Duncan presented for discussion of a proposed Variance application submitted by Bruce Lightenburger; agent: Keenen Lovett, on Lot # 8 of the Dolores River Ranches Subdivision, located at 18916 Hwy 145, Dolores, CO, consisting of 36.65 acres, more or less, located south of Hwy 145, situated in Section 7, T. 37N, R. 14W, N.M.P.M..  Mr. Lightenberger and Agent Lovett were present.   Commissioner Lindsay moved to accept the variance as presented.  For lack of a second the motion failed.  Commissioner Candelaria moved to accept the variance application submitted by Bruce Lightenburger; agent: Keenen Lovett, on Lot #8 of the Dolores River Ranches Subdivision, located at 18916 Hwy 145, consisting of 36.65 acres, more or less, with one exception that the 80 feet variance be applied and not what is presented today, it must maintain an 80 foot setback, instead of the 100 foot setback, have a 20 foot encroachment, along with a minimum of a 2 foot elevation gain from  the AE Zone, contingent upon an updated map provided to the Planning Department.  Second by Commissioner Lindsay.  With two votes in favor from Commissioners Lindsay and Candelaria and one vote against from Commissioner Stevenson, the motion carried.  (See attached)

PUBLIC COMMENT: James Park made a request, that County roads L, 32 and P, be placed on the Road & Bridge chip seal schedule.  Elisabeth Berger discussed mask mandates along with additional ways for the public to fight pandemics.

DISCUSSION: Jennifer Nelson met with the Commissioners to discuss her request for appeal of the Non-Compliant Use of Property decision from the Planning Department.  Ms. Nelson is currently in violation of the Land Use Code.  The Commissioner were in agreement, that Ms. Nelson move forward with the process and file the applications, provided by the Planning Department.  (See attached)

DISCUSSION: Haley Leonard-Saunders, Sheriff Nowlin, Chief Knuckles, Marshall Goodall, Chief Balfour, Emergency Manager Spratlen, Grant Writer Rachel Marchbanks-Simbeck and Chief Behavioral Officer for Axis Health System, Stacey Russell met with the Commissioner to discuss the development and funding of the proposed (CIP) Community Intervention Program.  Letters of support were received by Veterans Officer, Rick Torres, Carol A. Bylsma, and Michael Maxwell.  The Commissioners were in agreement to continue the discussion at the September 21, 2021 meeting.  (See attached)

ASSESSOR: Montezuma County Assessor, Leslie Bugg met with the Commissioners to present the preliminary assessed values for 2021 along with the Certification of Valuation Report for tax year 2021.  Topics discussed included; the difference in the 2020 total assessed value vs. the 2021 assessed value, an estimated decrease in funds for County General, the  total county values per classifications, an outlook of Kinder Morgan production and a signature for the corrected Urquhart abatement form.  (See attached)

COUNTY TREASURER/ TRUSTEE: Treasurer, Ellen Black met with the Commissioners to present for approval, the Schedule of Receipts and Disbursements for January 1, 2021 through June 30, 2019.  Commissioner Stevenson moved to sign the Schedule of Receipts and Disbursements.  Second by Commissioner Lindsay and carried. Other topics discussed included: foreclosures, releases and a decrease in interest income.  (See attached)

COUTNY CLERK & RECORDER: County Clerk & Recorder, Kim Percell, Motor Vehicle Supervisor, Malinda Fuller and Election Supervisor, Miranda Warren, met with the Commissioners to give a Departmental update.   Supervisor Fuller discussed a breakdown of transaction types, transaction fees, a year to date Out of State Title Report, in-office transactions, E-service transactions and a June sales tax collection report.  Supervisor Warren discussed; surges in voter registration during a presidential election year, CDOR Registrations, office registrations, the current ballot batch scanning process, an overview of the Presidential 2020 scanned documents and the proposed redistricting.  Clerk Percell gave an update on the ERTB Digitization Project, and discussed the proposed AgilesDuo purchase.  The Commissioners were in agreement to continue the AgilesDuo discussion during the September 9, 2021 meeting.  (See attached)

SOUTHWEST HEALTH SYSTEMS: Interim CEO, Jeanette Flipi, Interim CNO, Mary Ann Angle and CFO, Rick Shrader met with the Commissioners to give an update on the local hospital.  Topics of the discussion included; operational updates, legislative focus, visitor restrictions, staff protocols, vaccine updates, and the financial statements and statistical summary.  (See attached)

WATER ISSUES UPDATES: Southwest Water Conservation District Representative, Don Schwindt along with Dolores Water Conservation District Manager, Ken Curtis, met with the Commissioners to give an update on water issues.  Topics discussed included the Colorado Water Congress Summer Conference, a drought contingency plan, Executive Director of the Colorado Water Conservation Board, Rebecca Mitchell as the representation to the Upper Colorado River Commission, compact negotiations, expirations of the demand management, Colorado goals for post 2026, correct information on press releases, power issues, future growth to the upper basin, Trans Mountain deliveries, the Tribal rights settlements, environmental issues, a futile call for water, a possible acceleration of the negotiations, and a invite to join the scheduled joint meetings with Montezuma Valley Irrigation, Dolores Water Conservation District, Dolores County and San Miguel County for September 14, 2021 at 4:30 p.m., to discuss the draft bill.  The Southwest meeting will be held on Monday September 13^th and the Commissioner meeting is scheduled on the 16^th at 2:00 p.m.  (See attached)  

UNFINISHED BUSINESS:

Employee Handbook Amendments: From the Administration office, Billye Morgan and Faedra Grubbs met with the Commissioners to review the proposed amendments to the County Employee handbook.  Commissioner Stevenson moved to update the Employee Handbook as presented by the staff today.  Second by Commissioner Lindsay and carried.  (See attached) 

Southwest Roundtable Appointment:  Commissioner Stevenson moved to accept the application of Randy Carver for the appointment to the Southwest Roundtable.  Second by Commissioner Lindsay and carried.

COUNTY ATTORNEY REPORT: County Attorney, Ian MacLaren no report given.

NATURAL RESOURCES, PLANNING & PUBLIC LANDS: Resource Director, James Dietrich gave an update on the Paths to Mesa Verde Project and discussed the scheduled meeting regarding the McPhee Breakwater Project.  

COUNTY ADMINISTRATOR REPORT: Administrator, Shak Powers presented for approval, a Memo of Understanding (MOU) between the Montezuma Cortez School District RE-1 and the Montezuma County Board of County Commissioners. Commissioner Lindsay moved to sign the MOU between the Montezuma Cortez School District and the Montezuma County Board of County Commissioners.  Second by Commissioner Stevenson and carried. (See attached)

ORDER 6-2021: Administrator, Powers presented Transfer Order #6-2021.  A transfer of $511,151.78 from General Fund (001) to the Capital Fund (004) to pay for change orders to road projects requested by the commissioners on Roads 29 and N.  Commissioner Lindsay moved to approve Transfer Order #6-2021, in the amount of $511,151.78.  Second by Commissioner Stevenson and carried.  (See attached)

Administrator Powers presented for the record, a Public Notification, for the Dolores River National Conservation Area discussion, to be held in the Montezuma County Board of County Commissioners meeting room on, Thursday September 16, 2021 from 2:00- 4:00 p.m.  (See attached)

PROCLAMATION: Administrator, Powers presented for approval a proclamation regarding Overdose Awareness Day.  Commissioner Stevenson moved to sign the Proclamation for Overdose Awareness Day.  Second by Commissioner Lindsay and carried.  (See attached)

Other topics discussed included; the Maintenance Supervisor position and a request of consideration to hire a County Engineer.   

COUNTY COMMISSIONER REPORT: Other topics discussed within the Commissioners reports included: Commissioner Stevenson discussed the Mancos Town Board meeting, the Lewis Arriola pancake breakfast, the Farmers Telephone 100 year celebration, the municipal breakfast, the Monday workshop, the Mancos Town Board workshop meeting, and a proposed resolution regarding the 30X30 legislation.  Commissioner Lindsay discussed the municipal breakfast and the Cortez City Council meeting.  Commissioner Candelaria discussed the attended zoom meeting with the Magellan Strategies LLC. 

CORRESPONDENCE: The following correspondence was read and noted:

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

MEETING ADJOURNED: 1:00 p.m.