237752 Page 1of6 Cristy Lynn, Clerk & Recorder Ouray County, CO 09-03-2024 08:33AM Recording Fee $0.00  The Board of County Commissioners met inr regular session on. June 25, 2024. Those present for the session were Michelle Nauer, Chair; Lynn M. Padgett, Vice-Chair; Jake Niece, Commissioner Member; Conniel Hunt, County! Manager; Leo Caselli, County Attorney; Jennifer Peterson, Public Information Officer; Harlan Thompson,  Deputy Clerk oft the Board; and Hannah Hollenbeck, Administrative Specialist.  Note - This meeting was recorded for reference purposes.  A. 9:00  Call tot the Public:  The "Callt tot the Public" agenda item isat time when thep public may bringf forth items ofi interest or concern. Not formal action may bet taken ont thesei items during thist time due to the open meeting law provision; however, they may bep placed ona at future posted agenda ifa actioni is required. Each speaker will be limitedt to ar maximum of three minutes, andt thet format shall be limited toA presentation only. The Board will note engage witha any speaker during the' "Callt to the Public" item. Personal attacks, personnel ande employment. matters, the use ofp profanity or ethnic, racial org gender-oriented: slurs are prohibited, asi is any disorderly conduct" which violations State orl Local law ands shall not be permitted. Ifany individual disregards these rules, they  willl bea asked tol leave the Commissioner's Meeting.  Dolgio Nergui, Ouray resident, present.  Nergui stated thats she was there as ar member of several organizations that were direct members of the Outdoor Alliance ori its affiliater member organizations. She said she was joined! byl Hilary Eisen, National Policy Directorf for Winter Wildlands Alliance, ar member organization of Outdoor Alliance. She explained that Eisen and the Outdoor Alliancel had workedi fors several yearst to get Congress tof fullyf fund outdoor recreation and conservation budgets att the USI Forest Service and1 thel Bureau ofL Land Management. She statedt that since 40% of Ouray County was National Forest and BLMI land, they wantedt top present tot thel Board the latest campaign by the Outdoor Alliance. Eisen specified that as part of the Outdoor Alliance, they have been working on getting Congress to appropriate additional funds for thel Forest Service and BLM, specifically for their recreation programs, in order toi improve the visitor experience and management of recreation onp public lands. She statedt thati in May2 2024, theys sent a letter tor members of Congress ont the Appropriations Committee requesting that Congress appropriate ane extra $100,000,000 tot the BLM Recreation Resources Management Program and $70,000,000 to the Forest Service Recreation Heritage and Wilderness Program with commiserate increases in! National Forest System Salaries and Expenses line item. Eisen requested that Ouray County Commissioners send a lettert tot their Congressional delegation tos support the Outdoor Alliance appropriations request, explaining whyi it was particularly relevant to Ryan felt that Ouray County was positioned to greatly benefit fromi this kind of funding to helpp protect large amounts of alpine andi fragile ecosystems int the County with the increase of motorized activities int that zone.  Hilary Eisen, Policy Director for Winter Wildlands Alliance, via Zoom.  Ouray County and whya a recreational fundingi increase was needed. Kelly Ryan 618 River Park Drive Ridgway, via Zoom.  B. 9:20  The Board of County Commissioners convened as the Board of Social Services to 1. Request for approval oft the following reports and authorization of the Chair's  consider the following items:  Linnea Edwards, County Social Services, Deputy Director, present. Carol Friedrich, County Social Services Director, via Zoom.  signature on certification page: a. Balance Sheet, April 2024:  Earned Revenue and Expenditures, April 2024: Expenditures through Electronic Benefit Transfers, May 2024: d. Check Register for the Month of May 2024: County Allocation/MOE Report, APR-2024:  Friedrich reviewed the financial reports. Shei indicated that they were doing well inl TANF and had used some of M/S/P Motion was made. by Commissioner Padgett and seconded by Commissioner Niece to approve the following reports: Balance Sheet, April 2024; Earned Revenue. and Expendtures, April 2024; Expenditures through Electronic Benefit Transfers, May 2024; Check Register for the Month of May 2024; County Allocation/ /MOE Report, April 2024; and authorize the Chair's signature on the certification, page.  thef funding for the' Voyager Program tos strengthen families.  The motion carried.  2. 2024 Caseload Report:  Friedrich highlighted thatt they! had one ort twot families utilizing CCAP for childcare and had a fiscal arrangement with Ouray Preschool. She noted that the SNAP case load report was trending up. Commissioner Padgett wondered: about changing the reportf formata and order ofi items for readability. Edwards agreed to adjust it.  3. Request for approval and authorization of Chair's signature ont the Agreement to Purchase Out-Of-Home Placement Services SS23-A with Whimspire and on the Fiscal 4. Request for approval and authorization of Chair's signature ont the Agreement to Purchase Out-Of-Home Placement Services SS230A with Kin Connect and on the  Impact Form: Fiscal Impact Form:  June 25, 2024  96    237752 09-03-2024 Page 2of6  M/S/P Motion was made by Commissioner Padgett and seconded! by Commissioner Niece to approve and authorize: the Chair's signature ont the Agreement to Purchase Out-Of-Home Placement Services SS23-A with Whimspire; the Agreement to Purchase Out-Of-Home Placement Services SS230A with Kin  Connect; and on the Fiscal Impact Form. The motion carried unanimously.  5. Request for approval and authorization of Chair's signature on the Memorandum of Understanding (MOU) concerning Ouray County's Collaborative Management Plan and  ont the Fiscall Impact Form:  M/S/P- Motion was made by Commissioner Padgett ands seconded by Commissioner Niece to approve and authorize the Chair's signature ont the Memorandum of Understanding (MOU) concerning Ouray County's Collaborative Management Plan and on the Fiscal Impact Form. The motion carried unanimously. 6. Request for adoption of Resolution 2024-023 re-titling the County Board of Social Services and County Department of Social Services to the County Board of Human  Services and County Department of Human Services:  Commissioner Niece pointed out that Now Therefore one and two had a typo and read the first Now Therefore as ane example: The Ouray County Department of Social Services is hereby re-titled as the "Ouray County Department ofH Human Services" or" "County Department of Social Services." He askedifb both item's second M/S/P. Motion was made by Commissioner Niece and seconded! by Commissioner Padgett to adopt Resolution 2024-023 re-titling the County Board of Social Services and County Department of Social Services to the County Board of Human Services and County Department ofh Human Services with updates to the typos int thel Now Therefores one and two to correct Social Services to! Human Services int the second quotation  quotations needed changed tol Human Services. Caselli verified that was the case.  ofb both one and two oft the Now Therefores. The motion carried unanimously.  7. Southwestern Colorado Regional Opioid Council (SWCROC) update and recommendation funding disbursement regarding Opioid Settlement funds collected  by Ouray County:  Justin Perry, Ouray County Sheriff, present  Friedrich identified that theyl had put out at funding request for proposals (RFP) for local and regional providers to apply, ands some providers who workedi ini the opioid prevention, recovery, education, and harm reduction areas were awarded funding. She said that she and Sheriff Perry recommended that the County transfer those funds to the SWCROC regional allocation fundi instead of keepingi ita att the County level and letting the money go tot the regioni inf futurey years. Friedrich stated that with her retirement, the Commissioners needed to designate a new M/S/P - Motion was made by Commissioner Niece and seconded by Commissioner Padgett to accept the recommendation: for the disbursement oft the opioid settlement funds. The motion carried unanimously. 8. Request for approval and authorization of Commissioner's: signature on Letter of  representative.  Thanks to Carol Friedrich:  Commissioner Padgett felt that this letter was underwhelming for allt the work, heart, and soul Friedrich had put into her job. Friedrich thanked thel BOCC for all their support and confidence int the work that was being done. M/S/P. - Motion was made by Commissioner Niece and seconded! by Commissioner Padgett to approve and authorize allt the Commissioners' signatures ont the Letter of Thanks to Carol Friedrich. The motion carried C. 10:04 The Board of County Commissioners convened as the Board of Health to consider the  unanimously.  following item:  1. Request for approval and authorization of Chair's signature on the Memorandum of Understanding (MOU) concerning Ouray County's Collaborative Management Plan and  ont the Fiscal Impact Form: (This item is the same as item B-5)  M/S/P Motion was made by Commissioner Padgetta ands seconded! by Commissioner Niece to approve and authorize the Chair's signature ont the Memorandum of Understanding (MOU) concerning Ouray County's Collaborative Management Plan and on the Fiscal Impact Form. The motion carried unanimously.  D. 10:05 Glenn Boyd, County Emergency Manager: Glenn Boyd, County Emergency Manager, present.  1. Emergency Management Update:  Boyd reviewed the update. He highlighted that there were five mountain rescues; one was and overdue party search, which ended upl beinga a Coroner's case. He stated that the Ridgway Reservoir dam spillway had overflowed with allt the recent rain. Hei indicated they weres still monitoring blasting on Queen Street and sending outr notifications Monday through Thursday. Sheriff Perry asserted that he had contactedi the blaster regarding a timetable and was told they wouldk know more after this week of blasting. Casellis said he and Hunt had multiple conversations with the property owner and were assured thatt the blaster would reach out witha a blasting schedule. Her noted a complaint from ar neighbor regarding ar map with a nine-foot retaining wall witha a magazine and al bathroom being constructed ons site, which appearedt to be al Regulation 43 violation, and a stop work order was expected tob bei issued immediately tor make sure it was alls shut down. He recommended: a working! lunch with  ane executive session ift the Board wanted additional information.  June 25, 2024  97    237752 09-03-2024 Page 3of6  10:19 BREAK:  E. 10:30 Chris Skerik, Thorin Resources: Chris Skerik, Thorin Resources, present. Clem Borkowski, Thorin Resources CEO, present. Ty Barger, County Roada and Bridge Superintendent, present.  1. Thorin Resources Update:  Skerik informedi thel Board that Sturges Karban, the former CEO, passed awayi in April 2024. Hes statedt they! had two avalanche mitigations, and one resident needed a special access permitj just abovet the Senator Gulch gate. Hes said that theyl hads started operations this spring and hoped to operate at minimum capacity in. July or August 2024, with most traffic at6 6:30 int the morning and evening. Skerik highlighted that theyl helped with the Weehawken Bridge by sharing materials from the Camp Birds site with the County. Barger described that the material was helpfuli inr repairing the scour damage att the' Weehawken Bridge. He clarified that! his department collected and hauled 20t truckloads ofl large boulders from the Camp Bird mine: site. Commissioner Niece wondered: about reprocessing operations with noise and dust. Skerik said that their reprocessing was a wet process, which minimized dust. Hes stated they were proving the economics while processing 40t to 50t tons a day. Commissioner Padgett asked about the active status. Skerik repliedt the hearing was on. January 18 or 19, 2024, and approved in! March or April 2024 for the Revenue Mine. Commissioner Padgett inquired aboutt the technical Borkowski clarified they were waiting on approval; it detailed their goalt to reprocess the material att the Revenue Mine andr not repeat the pastf failed operations. He said they wantedt tos start smallt to see ifit was economically viable. Hes stated once thet technical revision was approvedt they would! like tor move as small amount of material from the Camp BirdN Minet tot the Revenue Mine for reprocessing using gravity separation. He said they were excited thatt thel bench laboratory testingi indicated they could get a precious metals concentrate of critical metals. Her mentioned they successfully cleaned upt the Camp Bird Mine with the EPA and! hoped to dot the same at Governor Basin. Caselli reminded Skerik and Borkowski that ane extensive report was due to County Manager Hunt by September 1, 2024, with their contract renewal. Hes stated with Sturges Karban's passing, contacts needed tob be updated with their renewal in December: 2024. Caselli pointed out that there were minor changes to the Winter Operations Plan; additionally, Thorin had a new avalanche contractor, and minor changes were needed tot the call-down list. Commissioner Niece requested that the renewal be updated before December 6, 2024, with a work session in September 2024. Commissioner Padgett suggested hauling ont the road earlier int the mornings tor minimize thei impact ont the economic engine of recreation. Commissioner Nauer asked that they  revision filed witht the State.  keept the County Staff informed oft technical revisions and changes.  G. 11:07 General Business:  4. Request for approval and authorization of the County Manager's signature on the  Truck hauling procurement on CR-8: (Ratification)  Barger stated hel had solicited bids for belly dump haulers back in April 2024 and most were independent haulers and! her needed to add and removel haulers a day ort two before the hauling started because of changes int the hauler's priorities. Hes said they got foura anda a quarter miles of gravel installed out oft the goal off five miles. M/S/P Motion was made by Commissioner Niece and seconded by Commissioner Padgett to ratify approval anda authorize the County Manager's signature on the Truck hauling procurement on CR-8. The motion F. 11:17 The Board of County Commissioners convened as the Local Liquor Licensing Authority to 1. Request approval and authorization of Chair's signature on a Retail Liquor License M/S/P. Motion was made by Commissioner Padgetta and seconded! by Commissioner Niece to approve. and authorize the Chair's signature on a Retail Liquor License Renewal Application for Cornerstone Club F&B  carried unanimously.  consider the following item:  Renewal Application for Cornerstone Club F&B Services LLC:  Services LLC. The motion carried unanimously.  G. 11:19 General Business:  1. Request for approval of Warrants: warrants. The motion carried unanimously.  M/S/P Motion was made. by Commissioner Niece and seconded by Commissioner Padgett to approve the  2. Request for reappointment of Derrick Linnell to the 7th, Judicial District Community M/S/P Motion was made by Commissioner Padgett and seconded by Commissioner Niece to reappoint Derrick Linnell tot the 7th. Judicial District Community Corrections Board (CCB). The motion carried unanimously. 3. Discussion and possible action regarding Ouray Mountain Rescue Team (OMRT) funding request for erosion control and burying the propane tank at the OMRT Barn:  Corrections Board (CCB):  Jenny Hart, Ouray Mountain Rescue Team, present.  June 25, 2024  98    237752 09-03-2024 Page 4of6  Commissioner Niece noted that this request was withdrawn. Commissioner Padgett wondered. about the scope of work. Hart explained that they needed equipment fori in-kind! help more than money, to assistance with drainage. She said theyb budgeted $6,000, andt the bid came ina at $20,000. Hunt specified the County wouldr need a scope ofv work and communicate with Ty Barger, County Road and Bridge Superintendent to see if that could happen. M/S/P Motion was made by Commissioner Niece and seconded by Commissioner Padgett to approve the  5. Request for approval of the February 20, 20241 Minutes:  The Board highlighted: af fewi typos.  February 20, 2024 Minutes with the typo corrections.  H. 11:29 Michelle Garrett, Senior Manager with MGT Consulting LLC: Michelle Garrett, Senior Manager with MGT Consulting LLC, via Zoom.  1. Cost Allocation Report:  Garrett reviewed the Cost Allocation Plan with the purpose and results. She said that this was an accounting document that identified Countywide indirect costs and distributed those costs to benefiting departments. She also reviewed the allocation fort the Human Services Department. She stated that Road and Bridge had an increase int their allocation of $30,000. She notedt that the Courthouse Security Grant went down $50,000. Commissioner Padgett pointed out that the Human Services Department had two administrative assistants and wondered ift theyy were missing an administrative person. Hunt confirmed that there were two admin specialists.  Garrett assuredt the Boardt that she could maket the corrections before it was due.  11:47 Commissioner/Administrative. Reports: Hannah Hollenbeck, Administrative Specialist, discussed: 1) Out oft the office. July 8-11,2 2024. 2) Fewer than 50 appeals fort the Board of Equalization (BOE). Leo Caselli, County Attorney, discussed: presentation ons short-term rentals.  1. Work Session List/ Upcoming Meetings:  1) Attending an out-of-town meeting on. July 11 or 12, 2024; the State! Bar Association requested a 2) The American Bar Association issued guidance for attorneys using! Listserv. 3) CORA's maximum researchand-retneval rate increasedi to $41.27 on. July1 1, 2024.  Connie Hunt, County Manager, discussed: 1) Working on the Corbett Creek Grant. Commissioner Padgett, discussed:  2) The Life Style Spending Account benefit was not yet active; a policy must be developed first. 1) Putting together medical appointment datesi in July and August; missing the August 7, 2024 work session. 2) Requested that the BOE hearings be consolidated into the week of. July 22 - 26, 2024. 3) Ad chart ont the! Roada and Bridge website listing whether high country roads are open or closed and adding the dates whent the high country roads actually opened and closedf from 2014t to 2024. Traveling to Californiat tol help! her mother and would be remote part of July ore early August 2024. 1) Asked Commissioner Naueri ifs she could address thet topic of District Attorney responsiveness with the  Commissioner Nauer, discussed: 2) Medical procedures tob bet take care of. Commissioner Niece, discussed:  Attorney General att the upcoming Region 10r meeting. 2) Requested an update from! Hunt on hiring a new Public Health Director.  12:14  Casellin read that the. June 25, 2024, regular meeting agenda provides, "The Board of County Commissioners may convene into ane executive session, under C.R.S. $24-6-402/4)b) to receive legal advice from its counsel on specific legal questions for any agendai items, with discussion topics identified as specifically as possible, during M/S/P Motiony was made by Commissioner Padgett ands seconded by Commissioner Niece to convene into an executive: session, under C.R.S. $24-6-402/4)b) to receive legal advice from the County Attorney, on specific legal questions for any agenda items, with discussion. topics identified as specifically as possible, inc order to receive a legal update and! legal advice, on a Queen. Street stop work order for blasting and other related matters, which was issued today, andi identified as a pending matter during Emergency Alerts fort the Emergency Management Update, Item D, ont today's agenda. The County Manager, County Sheriff, Building Inspector, Planning Director, Deputy Emergency Manager, and Emergency Manager, will orn may be present fort the executive: session tor receive legal advice and updates. No action will be taken  any regular and special meetings."  ont this matter. June 25, 2024  99    237752 09-03-2024 Page 5of6  Ar roll call vote was taken ont the motion with the following results: Commissioner Nauer voted in the affirmative. Commissioner Padgett votedi in the affirmative. Commissioner Niece votedi int the affirmative. There was no discussion. Motion carried unanimously. As County Attorney, itis my opinion that the discussion oft the matter announced int the motion to goi into executive session constitutes aj privilegeda attomey-client communication. Piscltwhw Commissioner Nauer, Chair lo Leo Caselli, County Attorey  12:14 The Board of County Commissioners convened into executive session. 1:31 The Board of County Commissioners exited executive session.  Casellis stated participants int the executive session were allt three Commissioners, the County Attorney, the County! Manager, County Sheriff, Emergencyl Manager, Assistant Emergency Manager, County Planning Director, County Building Inspector; nos substantial discussion outside the session's scope occurred or anyf formal actions J. 1:32 The Board of County Commissioners convened as the Board of Adjustment to consider  were taken duringt the executive: session. 12:15 LUNCH:  the following item: Request: Location:  Request for approval ofa Variance from Sections 15 and 16 of the Land Use Codet to allow a driveway that exceeds 12% grade Lot 10- Eagle Hill Subdivision, 614 Golden Eagle Trail  Applicant: Sandra A. Ryan Living Trust  Sundra Hines, Architect, on the project. Sandra A. Ryan, Applicant, present. Michael Holt, General Contractor, present. Dan Hughes, Planning Tech, present. Staff Presentation  Hughes stated that the Eagle! Hill Subdivision was approved by the BOCC and plattedi in. July 1992. He said the Applicant requested a variancet from the driveway standards listedi in! Land Use Code Section 15.2X and Section 16, Exhibit A, requiring that driveways note exceed 12% grade. He indicated that the proposed driveway would have a 15.9% grade andv was 1761 feet long. He read from 12.51 Land Use Code: "Where, by reason ofe exceptional narrowness, shallowness, ors shape ofa specific piece ofp property at! the time oft the enactment of the regulation or by reason ofe exceptional topographic conditions ord other extraordinary. ande exceptional situation or condition of such piece of property, the stricta application ofa any regulation enacted under the Land Use Code would result in peculiar and exceptional practical difficulties to, ore exceptional and undue hardship upon, the owner ofs such property, to authorize, upon ana appeal relating! to said property, a variance from such strict application so as to relieve such difficulties or! hardship ifsuch relief mayb be granted without substantial detriment to the public good Hughes statedt the applicant's reasoni for the request for exceptional topographic conditions ont this piece of property was as steep grade exiting Golden! Eagle Trail. He added that the lot was approved before the new wildfire mitigation code was approved by the County. Hughes stated thati ifa approved, construction must be completed by. June 25, 2027. He specified that approval required a unanimous vote from allt three Commissioners. Her readt the response letter from the Ridgway! Fire Department: "The Ridgway Fire Protection Districta and Ouray County EMS haver reviewed the plans fort the address of614 Golden Eagle Trail Subdivision, Lot 10, Fyan residence int the Eagle Hill subdivision. Upon reviewa and request fora an additional hammerhead type turnaround in the driveway we are supportive of the approval for variance requested. "Hughes read the Staff Conclusion: Ift the Board of Adjustment approves this application, Staffi is recommending that thet following conditions to approval be included: 1)1 This variance shall expire threey years from the date of approval, unless thel home has been constructed. 2) Driveway design willi include a' hammerhead typet turnaround" for emergency vehicles as requested by Ridgway Fire & Ouray County EMS. 3) Approval of this variance application does not constitute any approval, practice, orp precedent! byt the Board of Adjustment, expressed ori implied, of any other application, Commissioner Niecer mentioned that the Fire Department appeared to be speaking for the EMS as well. Hughes stated Kim Mitchell, County Chief Paramedic responded that she had no issue with the proposed driveway.  and withouts substantially impairing thei intenta and purpose oft the zone plan and zoning."  matter, ord dispute. Questions for Staff June 25, 2024  100    237752 09-03-2024 Page 6of6  Applicant Presentation  Hines saidt thats she met with the excavator on howt tob best get to the house. She described that Eagle Hill Road hada a ditcht that required the drivewayt to go down and then back up. She explained another issue was with the steepness oft the! heightt that this designed route would allowt the concrete trucks and contractors to use the flattest spot. She said Holt met with the Fire Department a month and al half ago and asked them about making a clear space nextt tot the! house where the driveway ended. She noteda a 15-foot-wide hammerhead equal tot the depth of The Board reviewed the new driveway design that was emailed during thel break. Ryan said that the fire department reviewed this design and had concerns regarding nothing! being stored in the driveway. Commissioner Padgett askedi ift the applicant was fine with the added condition ofr no parking int the driveway. Ryan replied yes. Commissioner Padgett had findings that there was a qualified design team that created three designs with topographic detailt thatt took into consideration the needs oft the fire department and EMS toy providea a hammerheadi turnaround: anda ai fire department lane that was free of parking and storage. Shet found that the hardships were detailed by the applicant, showing thel limited sizel lot, it had a barrow ditch below the natural grade that must be crossed to get uphill, and the slope map showed that they maximized usingt the shallowest slip radiance from Eagle Hill Trail after their design anda analysis while still providing the ability for concrete and construction trucks tor negotiate the driveways safely, and finally, she found that the fire mitigation requirements regarding not exceeding a 12% grades slope did note exist att thet time the PUD was platted in 1992, and the lot was already prior created anda approved as al legal conforming lot, whichy was also al hardship, and it could not be reconfigured. Commissioner Niece added af finding that thes spirit and intent oft thes slope angle are met with thei fire M/S/P Motion was made by Commissioner Niece and seconded by Commissioner Padgett to approve the variance application from Sections 15 and 160 oft the Land Use Code for Lot 10- Eagle Hill Subdivision, 614 Golden Eagle Trail to allow a driveway that exceeds 12% grade, with the following conditions: that this variance: shall expire three years from the date ofa approval unless thel home has been constructed; driveway design will include a "hammerhead typet turnaround". for emergency vehicles as requested by Ridgway Fire and Ouray County EMS, as substantially depicted ont the final drawing the was provided during the hearing by the applicant; approval oft this variance application does not constitute any approval, practice, orA precedent, by the Board of Adjustment, expressed ori implied, ofa any othera application, matter, ord dispute; fort the applicant's agreement with Ridgway Fire Department and Ouray County EMS storage and parkingi is prohibited. in the fire turnaround. area. The motion carried unanimously.  the garage alongside it. Ryan stated they! had done three different driveway designs.  1:52-1:58 BREAK:  Deliberations  and EMS: sign-off. Commissioner Nauer agreed with thet findings.  2:07 pm  The Board adjourned the regular session.  BOARD OF COUNTY COMMISSIONERS OF OURAY COUNTY, COLORADO pciww LL ZDE Jake Niece, Commissioner Member  Attest E  Michelle Lynn! M.  Chair  A CristyLynn,  Recorde  By: Harlan Thompson, Deputy Clerk btheE Board  Be  June 25, 2024  101