PROCEEDINGS OF THE BOARD OF COMMISSIONERS

MONTEZUMA COUNTY, COLORADO

June 15, 2021

STATE OF COLORADO           )

                                                     ) ss.

COUNTY OF MONTEZUMA   )

At a regular meeting of the Board of Commissioners, Montezuma County, Colorado, held on Tuesday June 15, 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, Absent

1. Lynn Dorenkamp, Chief Deputy Clerk

CHAIRMAN, CANDELARIA opened the meeting of June 15, 2021 with the Pledge of Allegiance.

MINUTES: Commissioner Stevenson moved to approve the minutes of the Proceedings of the Board of Commissioners Montezuma County, Colorado dated June 1, 2021 as submitted.  Motion was seconded by Commissioner Lindsay and carried. Commissioner Lindsay moved to approve the minutes of the Proceedings of the Board of Commissioners Montezuma County, Colorado dated June 11, 2021 as submitted.  Motion was seconded by Commissioner Stevenson and carried.

PUBLIC HEARING: It being the time set aside a public hearing is held for review and determination for regarding a proposed Solar Photovoltaic Electricity Generating Project submitted by Shawn & Kathy Wells, Glen Wells & Empire Electric Association Keith Cole; Agent. Cortez Solar 2, LLC, on property located at 11501 Road 24, 11551 Road 24 & 23999 Road L.4, Cortez, CO, consisting of 67.69 acres, 37.27 acres, & 36.98 acres, more or less, all located north of Road L, west of Hwy 491, situated in Section 16, T.36N, R.16W, N.M.P.M. The roll was called, the public notice read, and the proceedings were recorded for the record. Commissioner Lindsay recused himself from this hearing, due to the fact that he seats on the Board Empire Electric. Planning Director, Don Haley presented the details of the application and the findings of the Planning and Zoning Commission. Gavin Berg and Nathan Settler from One Energy Renewables the parent company of Solar 2, LLC along with Josh Dellinger, General Manager of Empire Electric were present. Commissioner Candelaria opened the hearing to public comment. Justin Vasterling questioned how the price is fixed. Duane Dale, expressed his disapproval of the Solar Farm. Bob Bragg, second the Prairie Dog problem. Administrator Shak read written public comment for Cathy Topper. (See attached) Jody Hubbs voiced her concerns with glare, security lighting along with Prairie Dog problem, property values and the initial cost of installation of a Solar Farm. After hearing all the evidence presented Commissioner Candelaria moved to continue this hearing to June 29^th, 2021 at 9:00am. 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 a proposed General Planned Unit Development and Rezoning Application 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. The roll was called, the public notice read, and the proceedings were recorded for the record.  Jason Carruth was present. Planning Director, Don Haley 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 General Planned Unit Development and Rezoning Application for Paul and Dana Weyand, Agent: Jason Clarruth on property located at 11187 Hwy 145, Cortez, CO. 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 a proposed Commercial Rezoning (COMZ) for a proposed Planned Unit Development request submitted by Jay & Virginia Collier, Agent Justin Collier, on property located at 18667 Hwy 145, Dolores, CO, consisting of 3.06 acres, more or less, located on the east of Dolores, north of Hwy 145, situated in S.12 T.37N., R.15W., N.M.P.M.   The roll was called, the public notice read, and the proceedings were recorded for the record.   Planning Director, Don Haley presented the details of the application and the findings of the Planning and Zoning Commission. After hearing all the evidence presented Commissioner Lindsay moved to forward and approve the request for their vested rights for another 60 days. 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 for a proposed Common Lot Line change within The Forks Subdivision, submitted by Darrell Jiles, on properties located at 25046 Road 38.1 & TBD Road 38.1, Dolores, CO, both consisting of 1.10 acres, more or less, located east of Road 38.1, south of Hwy 145, situated in Section 1, T.38N, R.14W, N.M.P.M..  The roll was called, the public notice read, and the proceedings were recorded for the record. Darrell Jiles was present. Planning Director, Don Haley 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 common Lot Line adjustment within The Forks Subdivision submitted by Darrell Jiles, on properties located at 25046 Road 38.1, Dolores, CO. Second by Commissioner Lindsay 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 a proposed Subdivision Amendment Application, submitted by Russell & Marsha Hindmarsh Trust, Agent: Maness & Associates, on property located at 28339 Road N, Dolores, CO, consisting of 4.06 acres, more or less, located north of Road N and west of Road 28, situated in S.5, T.36N., R.15W., N.M.P.M. The roll was called, the public notice read, and the proceedings were recorded for the record.  Ernest Manness was present. Planning Director, Don Haley 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 the proposed Subdivision Amendment Application submitted by Russell & Marsha Hindmarsh Trust, Agent Maness & Associates property located at 28339 Road N, Dolores, CO 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 a proposed 2 Lot Moderate Subdivision and AR10-34 Rezoning Application, submitted by Terry and Larry Pickens, on property located at 13848 Road 23, Cortez, CO, consisting of 38 acres, more or less, located south of Road P, east of Road 23, situated in Section 4, T.36N., R.16W., N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.  Kelly Pickens was present. Planning Director, Don Haley 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 Moderate Subdivision and AR10-34 Rezoning Application, submitted by Terry and Larry Pickens on property located at 13848 Road 23, Cortez, CO. Second by Commissioner Lindsay and carried. Commissioner Candelaria closed the hearing at this time.  (See attached)

PUBLIC HEARING: It being the time set aside a public hearing is for review and determination a proposed Subdivision Amendment Application to the Hobo Acres Minor Subdivision, submitted by Valarie Francisco & Robin Estep, on properties located at 26986 & 26980 Road H, Cortez, CO, consisting of 20.02 acres, more or less, located south of Road H, east of Road 26.5, situated in Section 6, T.35N., R.15W., N.M.P.M.  The roll was called, the public notice read, and the proceedings were recorded for the record.   Planning Director, Don Haley 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 the proposed Subdivision Amendment Application to Hobo Acres Minor Subdivision submitted by Valarie Francisco & Robin Estep on properties located at 26986 & 26980 Road H, Cortez, CO. Second by Commissioner Stevenson and carried.  Commissioner Candelaria closed the hearing at this time.  (See attached)

 PLANNING: Planning Director, Don Haley presented for review and signatures of a Mylar for a Boundary Line Adjustment for Ellis Lewis to Ray Boswell. Commissioner Stevenson moved to approve the boundary Line Adjustment conveyed from Lewis to Boswell. Second by Commissioner Lindsay and carried. (See attached)

Planning Director, Don Haley presented for review a Variance application for Don and Wendy Francisco. Commissioner Stevenson moved to approve the 9ft. Variance application for Don and Wendy Fransico. Second by Commissioner Lindsay and carried. (See attached)

PUBLIC HEARING: It being the time set aside a continued public hearing is held for review and determination regarding a Local Improvement District for the Mesa Sky Estates Subdivision, submitted by Agent, Keenen Lovett.  Agent, Keenen Lovett was present. Commissioner Candelaria opened the hearing to public comment.  Hearing no public comment that portion of the hearing was closed. Finalizing logistics of parties’ responsibilities. The Mesa Sky Estate Subdivision will contact D& L Construction and payment with go through the Assessor’s Office for the Special Improvement District. Attorney Baxter suggested showing any changes in contract with D & L Construction.

PUBLIC COMMENT:  Jessey Stiegelmeyer requested funding for a Detox Center. (See attached) Randy Pixler voiced his concerns regarding his neighborhood and asked for help to address his concerns. Commissioner Candelaria advised Mr. Pixler to write a letter of complaint to the Planning Department to start addressing the issue. Norm Stuckman voiced his supported of Mr. Pixler concerns in their neighborhood.

SPECIAL EVENT LIQUOR LICENSE:  Deputy Clerk, Jerri Frizzell presented a special event liquor license application from the Montezuma County Fair Board, for an event, to be held on July 23, 24, 30 and 31, 2021, at the Montezuma County Fairgrounds. Commissioner Stevenson moved to approve the Special Events Permit for dates July 23, 24, 30 and 31, 2021. Second by Commissioner Lindsay and carried. (See attached)

PUBLIC HEALTH DEPARTMENT: Public Health Director Bobbie Lock presented for approval, the following contract renewals. The first contract is the Immunization Contract for the fiscal year starting July 1, 2021 through June 30, 2022 in the amount of $9,766.00. Commissioner Stevenson moved to approve the signing of Contract Amendment #4 with the Colorado Department of Public Health. Second by Commissioner Lindsay and carried. The second contract is for the Emergency Preparedness Contract for fiscal year starting July 1, 2021 through June 30, 2022 for $116,740.00. Commissioner Lindsay moved to sign the Contract Amendment #3 with the Colorado Department of Public Heath for Emergency Preparedness. Second by Commissioner Stevenson and carried. (See attached)

COLORADO-NATIONAL COLLABORATIVE PROGRAM: Arlina Yazzie and Laurel Schaffer met with the Commissioners regarding a painted wall mural on a Fairgrounds building. (See attached)

PROBATION JUVENILE SERVICES PLANNING COMMITTEE BOARD: Brian Kelley met with the Commissioners to discuss membership approval. Commissioner Stevenson moved to approve the proposed membership to the Juvenile Service Planning Committee Board. Second by Commissioner Lindsay and carried. (See attached)

LODGERS TAX COMMITTEE: Committee Chairman, Lee Cloy along with Committee Secretary, Brian Bartlett met with the Commissioners to give their recommendations for the 2020 Tax Fund Disbursements.  Recommendations included: Dolores Chamber $35,000, Mancos Chamber $35,000, Cortez Cultural Center $24,000, Galloping Goose Historical and Museum $10,000, Mesa Verde Country $85,000, Ute Mountain Roundup $2,500, Lodgers Committee Application Advertising Fund $200, and Ride of the Ancients $5,000. Totaling 196,700.00. Commissioner Lindsay moved to approve the recommendations from the Lodgers Tax Committee in the amount of $196,700.00. Second by Commissioner Stevenson and carried. (See attached) 

DISCUSSION: Director, Don Haley presented for discussion of the Cortez School District RE-1 Fees changes that were approved by the School Board, Colorado Revised Statutes, and completed subdivision and lot owner separation question with Attorney Baxter.

Planning Director, Don Haley presented for signatures of a Mylar for a 2 Lot Moderate Subdivision submitted by Linda Melton; Agent: Sean Flaherty, on property located at TBD Road M, Cortez, CO, consisting of 63.67 acres, more or less, located north of Road M, west of Road 26, situated in Section 11, T.36N, R.16W, N.M.P.M. 

Director, Don Haley presented for signatures of a Mylar for 2 Lot Minor submitted by Peter Hold, on property located at 23784 Road X, Lewis, CO, consisting of 43.38 acres, more or less, located south of Road X, east of Road 23, situated in Section 33, T.38N, R.16W, N.M.P.M.

Director, Don Haley presented for signatures of a Mylar for a Boundary Line Adjustment for the Freeman-Likes Single Lot Development, submitted by Deric Freeman; agent: Cody Likes, on property located at 20839 Road 20, Lewis, CO, consisting of 3.36 acres, more or less, located north of Hwy 491, west of Road 20, situated in Section 35, T.38N, R.17W, N.M.P.M. (See attached)

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

Chairman Candelaria announced the meeting would reconvene

COUNTY SHERIFF’S MONTHLY REPORT: Sheriff Steven Nowlin met with the Commissioners to give his monthly report which included; Calls for May 2021, Traffic stops, and domestic violence, DUI’s, suicides and attempted suicides number are all up. Jail numbers and transport numbers plus the costs for this. Break down of arrests for May 2021. Three different budgets for approval; 1^st, The NRA Range Grant starting July 1, 2021 for $1,556.00, 2^nd grant starting July 1, 2021 for $10,163.00 for Range Improvement and the 3^rd The Battle Grant, which is and auto theft grant and will be paying for 2 Licenses Plate readers, in the amount of $51,964.00 Commissioner Candelaria accepted the grants in the respective amounts of $1,556.00, $10,163.00 and $51,964.00. Sheriff Nowlin requested that the fire ban be reinstated as of 6:00am June 16, 2021. Commissioner Stevenson moved to accept Resolution No. 7-2021 a resolution re-imposing a fire ban effective 6:00am June 16, 2021. Second by Commissioner Lindsay and carried.  Sheriff Nowlin also discussed the pedestrian and bike trail in Dolores, CO. Intergovernmental agreement for dispatch services throughout Montezuma and Dolores Counties, Colorado, including federal agencies and appointing someone to represent Montezuma County on the Dispatch Accountability Committee was discussed and postponed until June 29, 2021. (See attached)

DISTRICT ATTORNEY: District Attorney, Matt Margeson and Office Manager, Clarisa Feuilly met with the Commissioners to give a monthly report.   Topics discussed included; Case numbers for Montezuma County presented by Clarisa. District Attorney Margeson went over Jury Trials, why they happen and the logistics of Jury Trials. Upcoming visit from the Attorney General in the Opioid Settlement.

EMERGENCY MANAGEMENT:  Emergency Manager, Jim Spratlen met with the Commissioner and gave a monthly update.  Manager Spratlen discussed Health disaster emergency declarations, drought disaster emergency declarations and fire restrictions. Finished building the Emergency Response Plan for Annex 3 and will start on Annex 1. Emergency Ops plan started out at 52% is now 72% compliant. Senior Officials have been invited to June 17, 2021 training.

(See attached)

UNFINISHED BUSINESS: A discussion was held regarding the distribution of the PILT and Secure Rural Schools Funding. Commissioner Lindsay moved to distribute the remaining 50% of the Secure Rural Schools funds to Early Childhood Development through the destination of Imagination Library in the amount of $78,475.20. Second by Commissioner Stevenson and carried. Whether or not to allow the Department of Social Services the use of property for an outside breakroom. Commissioner Stevenson moved to allow the Department of Social Services the use of the property for an outside breakroom. Second by Commissioner Lindsay. Review of the bids for the construction of the outside break area at 109 W. Main St., Cortez, CO. Commissioner Lindsay moved to award the bid to Advanced Machining & Welding in the amount of $14,228.19. Second by Commissioner Stevenson and carried. Commissioner Candeleria overviewed the Emails from Rob Englehart, Road and Bridge Department, regarding the 168 tons materials previously approved for the BLM parking lots. Rob’s recalculations came up with 380 plus or minus and now the request was for 400 tons of gravel for the County Road N parking lot. Commissioner Lindsay moved approve the contribution of up to 400 tons of gravel to the BLM for the parking lot at the West end of County Road N.  Second by Commissioner Stevenson and carried. Commissioner Stevenson moved to allow Rob Engelhart, Road and Bridge Superintendent, to sale 3000 tons of chips to Steve Davis, Road and Bridge Superintendent with Dolores County for their Chip and Seal project for the year 2021. Second by Commissioner Lindsay and carried. Land fill AC Bid was sent back out for bid.  (See attached)

COUNTY ATTORNEY REPORT: County Attorney, John Baxter filed for cost just in our Packs case. Received a new road complaint for County Road Y. Also, receiving inquiries from a gentleman to support his grant for provisions.

NATURAL RESOURCES, PLANNING & PUBLIC LANDS: Resource Director, James Dietrich, absent. Commissioner Candelaria spoke on behalf of James in regards of the TPR meeting last week. The City of Cortez was unable to utilize their MMOF funding and Montezuma County was on track to receive 100% funding for our MMOF for the Paths of Mesa Verde but was reduced by 10% along with some others within the grant application to help Archuleta County and the Town of Bayfield, so everyone got a piece of the pie. With Cortez being able to push back $156, 000 almost a $160,000. Commissioner Candelaria did request that we receive our other $56,000.00 and sounds like the decision will be made next month. Commissioner Candelaria will get with James Dietrich to make sure there is no other paper work to be filed to get back our 10% of the MMOF funding through the CDOT.

COUNTY ADMINISTRATOR REPORT: Administrator Shak Powers presented a Public Notice for the Montezuma County Commissioners and other elected officials from local governments within the county will attend a training with Department of Homeland Security and Emergency Management on June 17, 2021. Our grant writer Rachel March Banks is at training. We were awarded the recovery and resiliency grant, which will provide for a position to help us coordinate with the Office of Economic Development and International Trade. (See attached)

COUNTY COMMISSIONER REPORT: Topics discussed within the Commissioners reports included: Commissioner Stevenson attendance of the Mancos Town Board meeting, phone complaints, visiting areas of complaints from residence. Department head meetings, and Mancos Water Conservancy meeting. Commissioner Lindsay sat in on Zoom meeting for the City of Cortez and what it had included. Commissioner Candelaria attended the CCI workshop summer conference. Legislative agenda were finalized on Wednesday night. Presented the idea of Leasing Fleet vehicle instead of buying to fellow Commissioners. Western District meeting forth coming in July or August. Attend the TPR meeting and requested getting monies back as previously state in James Dietrich portion. Commissioner Stevenson and I were able to sign the proclamation for the Women’s Veterans Day on Friday. Attend the Dolores Town Board meeting last night.

CORRESPONDENCE: The following correspondence was read and noted:

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

MEETING ADJOURNED: 3:21 p.m.