PROCEEDINGS OF THE BOARD OF COMMISSIONERS

MONTEZUMA COUNTY, COLORADO

January 11, 2022

STATE OF COLORADO           )

                                                     ) ss.

COUNTY OF MONTEZUMA   )

At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday January 11, 2022 at the Montezuma County Administration building in Cortez, Colorado, there were present:

Jim Candelaria, Chairman

Kent Lindsay, Vice Chairman

Joel Stevenson, Commissioner of Deeds, Absent

Shalako Powers, County Administrator, Via Zoon

Ian MacLaren, County Attorney

Kim Percell, County Clerk, Absent

1. Lynn Dorenkamp, Chief Deputy

MINUTES: Commissioner Lindsay moved to approve the minutes of the Proceedings of the Board of Commissioners Montezuma County, Colorado dated January 4, 2022 as presented.  Motion was seconded by Commissioner Candelaria and carried.

PLANNING: Planning Director Don Haley with Assistant, S. Jane Duncan presented for signatures of a Mylar for a 2 Lot Minor Development and AR10-34 Rezoning Application, submitted by Keith Halls; Agent: Maness & Associates, on property located at 40857 Road H, Cortez, CO, consisting of 36 acres, more or less, located west of Road 41, north of Road H, situated in Section 5, T.35N., R.13W., N.M.P.M.

Director, Haley with Assistant, Duncan presented for signatures of a Mylar for a Single Lot Development and AR3-9 Rezoning Application, submitted by Leif & Crystal Hollingshead, on property located at 15428 Road 30, Dolores, CO, consisting of 39.50 acres, more or less, located east of Road 30, north of Road R, situated in Section 27, T.37N., R.15W., N.M.P.M.. 

PUBLIC COMMENT: Ashlee Webb came to discuss her termination, Attorney MacLaren advised Ashlee Webb that there are procedures in the Employee Handbook that need to be followed. Tim Webb voiced their concerns regarding mandates and requested a statement from the County whether or not they are allowing people religious exemptions.

ASSESSOR: Montezuma County Assessor, Leslie Bugg presented for review and approval an Agreement for contract services between the Montezuma County Assessor’s office and Total Assessment Solutions Corporation “TASC” and the Value West Contract.  Commissioner Lindsay moved to sign and accept the Contract for services from Total Assessment Solutions Corporation (TASC) and Value West Contract for the Montezuma County Assessor’s office.  Second by Commissioner Candelaria and carried.  (See attached)

VEHICLE MAINTENANCE: Road & Bridge Equipment Manager, Shane Higman met with the Commissioners to give a monthly report.  Topics discussed included the purchase and pick up of Tip Van and the continued difficulty ordering vehicles for fleet.

IT: IT Director, Jim McClain met with the Commissioners to present his monthly report.  Director McClain touched on the issue with the door readers which was resolved.

GIS MAPPING: GIS Manager, Doug Roth and Mapping Specialist, Rachel Medina met with the Commissioners to go over and certify the HUTF mileage for the previous county year. Presented were reports for HUTF Road work and Changes for Reporting Year 2021, completed road projects and a map reflecting said reports. Commissioner Lindsay moved to sign and accept the HUTF Report for the Colorado Department of Transportation. Seconded by Commissioner Candelaria and carried. Rachel gave an update on projects being worked on currently, Road Impact Fee Map for the Road Department, sending out another round of addressing for the Planning Department, met with the County Clerk regarding the Redistricting map for elections, and preparing for the Economic Development Coordinator and that position is posted now. (See attached)

UNFINSHED BUSINESS:

OPIOID REGIONAL INTERGOVENMENTAL AGREEMENT (IGA): Commissioner Candelaria clarified with Administrator Powers, via Zoom, that the IGA would not be signed at this time, due to changes being made, only appointing members of the Opioid Board. Members being appointed are Jessica Thurman, Social Services, Laurel Schafer, Health Department, and Bobbi Lock as secondary.  Shak Powers, Administrator Montezuma County. Commissioner Lindsay moved to appoint Jessica Thurman, Social Services, Laurel Schafer, Health Department, and Bobbi Lock as secondary.  Shak Powers, Administrator Montezuma County to the Southwest Opioid Response District Board.

ELECTION OF OFFICERS: Organizing the BOCC for 2022 to be reviewed in 30, 60 and 90 days. Commissioner Lindsay moved to keep the 2022 Office of Appointments the same as currently presented and review in 90 days. Seconded by Commissioner Candelaria and carried.  (See attached) 

2021 BOCC REPRESENTATIVE APPOINTMENTS:

CHAIRMAN: Commissioner Jim Candelaria

VICE CHAIRMAN: Commissioner Kent Lindsay

COMMISSIONER OF DEEDS: Commissioner Joel Stevenson

Southwest Regional Transportation Committee (TPR): Jim Candelaria

Alternate: Kent Lindsay

Region 9 Economic Development Board: Jim Candelaria

Alternate: Joel Stevenson

AAA: Kent Lindsay

Alternate: Jim Candelaria

Southwest Workforce Board: Kent Lindsay

Alternate: Joel Stevenson

Montezuma County Housing Authority: Jim Candelaria 

Alternate: Kent Lindsay

Housing Solutions: Kent Lindsay

Alternate: Jim Candelaria

Ute Mountain Tribal Council Meetings: Joel Stevenson

Alternate: Shak Powers

Lower Dolores River Group: Joel Stevenson

Alternate: James Dietrich

Club 20: Kent Lindsay

Alternate: Joel Stevenson

Native Fish Monitoring & Recommendation Team: Joel Stevenson

Alternate: Kent Lindsay

Legal Publications: Cortez Journal

CCI: Jim Candelaria

Alternate: Joel Stevenson

Liaison to the City of Cortez Meetings: Kent Lindsay

Liaison to the Town of Mancos Meetings: Joel Stevenson

Liaison to the Town of Dolores Meetings: Jim Candelaria

Liaison to UMU Tribal Meetings: Joel Stevenson

2022 OFFICE APPOINTMENTS:

County Attorney: Ian MacLaren

County Administrator: Shak Powers

County Road and Bridge Supervisor: Rob Englehart

County Fairgrounds: Justin McGuire

County GIS/Mapping: Doug Roth

County Public Health: Bobbi Lock

County IT: Jim McClain

County Maintenance: Dustin Sattler

County Natural Resources: James Dietrich

County Noxious Weed Program: Bonnie Loving

County Senior Nutrition: Jonathan Parker

Director of Social Services: Gina Montoya

Veteran’s Affairs Officer: Sarah Kuhn

Emergency Manager: Jim Spratlen

MOCO/Transportation: Jennifer Morris

County Landfill: Mel Jarmon

County Planning: Don Haley

NEW:

Water Representatives: Randy Carver, Don Schwindt

COUNTY ATTORNEY REPORT: County Attorney, Ian MacLaren the Road Y case has a set trail date in September and moving forward on Land Use cases, one ready to move to trial.

DISCUSSION: Ironwood Group LLC. High Impact Permit and Fire Mitigation Plan, Wade Bentley, Ironwood Group LLC was present. Emergency Manager Jim Spratlen gave an overview of the Plan for Chip Pile at Ironwood. Dolores Fire Protection District Chief Mike Zion voiced his concern with the quantity of material, set up of the material and the inability to handle a possible fire at Ironwood.  Sheriff Steve Nowlin discussed his concerns for the safety of the public, residents of the area and only one way in and one way out and dangers of a combustible fire of the chip pile at Ironwood. Attorney Ian Maclaren informed the commission of the legal issues at hand under the High Impact Permit being non-complaint along with the safety issues and public nuisance. Wade Bentley from Ironwood Group LLC spoke to his understanding of the events of notices and letters sent to Ironwood and his meeting with the Fire Marshall and Emergency Manager.

EXECUTIVE SESSION: Pursuant to Attorney MacLaren’s suggestion, Commissioner Lindsay moved for the Board of County Commissioners 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 Candelaria, Lindsay, Administrator Powers via phone, Attorney MacLaren, Planning Director Don Haley, Sheriff Steven Nowlin, Chief Deputy Clerk Dorenkamp, seconded by Commissioner Candelaria and carried.  Topics for the executive session for specific legal questions related to the current situation Ironwood with fire hazards.  Commissioner Lindsay moved to go out of executive session, seconded by Commissioner Candelaria and carried. (See attached)

Commissioner Candelaria set a Public Hearing for the review and determination of the High Impact Permit for Ironwood Group, LLC for January 25, 2022.

PUBLIC LANDS:

Forrest Service District Ranger, Derek Padilla met with the Commissioners to give updates on various projects. Break Water project still has funding but has ran into engineering capacity issues, looking at fall/ winter 2023 for completion of the design. Unauthorized use of old and new routes have increased the last hunting season so an inventory of routes will be taken this spring/summer and a heavier closure will be implemented. Emergency Manager, Jim Spratlen held a discussion with Derek Padilla regarding possible fees for towers on Federal Lands.

Canyon of the Ancients National Monument Manager, Ray O’Neal reported to the Commissioners on the monument and overviewed the Yellow Jacket and Road M Parking lot Allotments. (See attached)

Bureau of Land Management, Connie Clementson gave updates to the Commissioners of the following topics; how permits go back to the government, scoping for the Mary Austin land acquisition. Gravel being put down on the Phil’s World road. Summit Trail Head receiving lots of positive feedback and the parking lot there. Controlled burns around Summit Lake.

 Mesa Verde National Park, Kayci Cook Collins via Zoom, visitation schedule for 2021 back up close to 2019 numbers. Federal Highways project work is slated to start back up in mid -March done by June 15 if all goes to schedule. Spruce Tree House Alcove Arch Project public comment deadline was extended to January 21, 2022. Beginning civic engagement on our Wildland fire Management plan for both Mesa Verde National Park and Yucca House Monument.

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

COUNTY ADMINISTRATOR REPORT: Administrator, Powers, none given.   

COUNTY COMMISSIONER REPORT: Topics discussed within the Commissioners reports included: Commissioner Lindsay, spoke with Commissioner Stevenson’s brother, took several phone calls and have City of Cortez Counsel meeting tonight.  Commissioner Candelaria discussed attending the Southwest Economic Outlook put on by Region 9 meeting in Durango. NCA meeting with Dolores County, San Miguel County and our Attorney, and Administrator discussing language on specific items that liked to be addressed to move forward with the NCA, “unreasonably diminished” and “reasonably diminished” definitions as it relates to water. Briefly attend West Slope Casa meeting for Department of Social Services, Department Head meeting and RCC meeting. Both Commissioner Lindsay and Commissioner Candelaria will be in Mancos tomorrow night to cover for Commissioner Stevenson.

CORRESPONDENCE: The following correspondence was read and noted:

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

MEETING ADJOURNED: 11:09 a.m. 

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Clerk                     January 11, 2022                           Chairman