[0:02] Okay. We are on the record. Okay. Thank you, clerk castle. Welcome to those of you who are on the Zoom call and those in the in the Zoom world of cyber attendance. Just for the record, Dave whistle chair, we're having this special meeting because of timing. We have been requested by council to meet in order to get advice on current and current legislation.

[0:31] excuse me, litigation.

[0:34] We have one other item to handle since we're on the meeting today.

[0:38] So I want to tell you that Chair Whistle is here, Commissioner Mitchell is here, our

[0:42] clerk, Melana Cowsell is here, and remotely we have Commissioner Gimmer in a companion

[0:51] website that we're using for the executive session.

[0:54] So at that point, we have a call to order at 203 p.m.

[1:01] This meeting, we have a proposed agenda in front of you.

[1:06] Well, I'll tell you what, first of all, let's start with the pledge.

[1:09] Mal, you guys are hand up. What do you need?

[1:13] Which attorneys are present?

[1:17] Oh, pardon me. Yeah, County Attorney.

[1:19] County Attorney John Evans is in the room with me as well as Lucas Meyer,

[1:23] Mayor County Attorney, our County manager.

[1:26] And in the executive session meeting that is listening to this current meeting also is

[1:32] Jason Dunn, an attorney in Denver, and Nate Osterberg, and of course, Jason, Commissioner

[1:41] Gamer, is on the breakout meeting that we're going to do for the executive session.

[1:46] Yeah, so that's interesting, and hopefully, so we'll start with the pledge.

[1:51] I pledge allegiance to the flag of the United States of America

[1:56] of the United States of America which is one nation, I'm not going to go on,

[2:01] I can't say it.

[2:04] Super all girl!

[2:06] Little lag in that but we all got through it, how old are you?

[2:09] Okay with that we have a short but proposed agenda in front of you, I entertain a motion

[2:13] to adopt this presented or amend.

[2:16] Move, we adopt the agenda as written.

[2:20] Second by Commissioner Gimmer. I can hear him any further discussion. None. Herrard will

[2:26] call the question. Those in favor vote by saying aye.

[2:32] Did I hear Commissioner Gimmer?

[2:34] Yes.

[2:35] Okay. So there's three ayes up. Motion passes three to zero. Up before us we have listed on

[2:44] agenda and executive session. So with that, I would make a motion that we go into an executive

[2:52] session for the following purposes. The conference with an attorney for the county of the

[3:00] purposes of receiving legal advice on pending litigation and advice based on those parameters.

[3:08] With that, we put that on the table. Is there a second?

[3:12] second. Second by Commissioner Mitchell. Any further discussion? Just a

[3:18] notification for the folks that are listening and for the record for those

[3:21] may be later. We had some recent filings on the Board of

[3:26] Commissioners in the middle of the week and so this was the earliest we could get

[3:30] together to be able to meet with council and get advice on that ahead of the

[3:35] holiday. So that's why we're meeting today and that's why we're meeting at two

[3:38] o'clock so we can meet all of the requirements for notice on the 24 hours and so forth.

[3:43] So with that, if no discussion, we'll call the question.

[3:46] Those favourable.

[3:47] We're saying aye.

[3:49] Aye.

[3:51] Okay.

[3:51] We are in executive session at 206 PM.

[3:56] So with that, Commissioner Mitchell, I'll let you do the magic with the Zoom side.

[4:01] Well, I am going to, I am going to mute this meeting and then you're going to go with your computer there, Commissioner Whistle, get out of this meeting, hit the link for the other meeting and we will, I will then will rejoin this meeting when we're done. I know it's clunky, but it's all we got.

[4:26] That's what we can do and that's good so we're going to get advice from council and we'll return we will notice

[4:32] That and then we have one more item. So with that I will let Lucas run his own computer because it's his computer

[1:10:28] Okay, I think we are all on. Let me, we are still recording.

[1:10:36] Are we still on record, ma'am? Yep. Okay, I think we are good. We are still recording. Okay. Well, Dave whistle, chairman. I'm just going to reconvene the public meeting at 313 p.m. I just wanted to state. There's 313. We have concluded the executive session. We had received advice from council and special counsel on pending litigation.

[1:11:02] No decisions were made for the record if any person participated in the executive session

[1:11:07] believes that any substantial discussion or other matters not included in the motion

[1:11:11] to go into the executive session occurred during the executive session or that any improper action

[1:11:17] occurred during the executive session in violation of the open meetings law.

[1:11:21] I would ask that you state your concerns for the record.

[1:11:23] I just wanted to also note that the

[1:11:28] participants in the executive session for the record,

[1:11:31] a Commissioner Whistle, Commissioner Mitchell,

[1:11:33] Commissioner Gimmer, our legal counsel, John Evans,

[1:11:38] county manager Lucas Meyer, our

[1:11:42] NATOsterburg, our legal analyst,

[1:11:46] and Jason Dunn, special counsel that attended our session.

[1:11:50] So, with that, if you have any concerns, hearing none, we'll see you have the next item

[1:11:58] on the agenda is, and I can't see it, Lucas, would you just read it for us?

[1:12:04] I approve or deny authorization for county manager Lucas Meyer and public works director

[1:12:09] Nick Brettzenegger to negotiate terms and agreements related to landfill remediation.

[1:12:14] What this issue is, as we have been continuing the SAGA ad nauseam with the landfill, the

[1:12:21] Infamous Fairply Landsale, just a little context for this.

[1:12:26] The owner of the property is the BLM, and we are working to mitigate the issues of a closed

[1:12:34] landfill.

[1:12:35] This will just authorize our point people to negotiate a possible solution for all parties

[1:12:43] to be satisfied and move the ball into settlement and remediation.

[1:12:48] So that's the goal.

[1:12:49] That's what's on the table.

[1:12:50] Discussion?

[1:12:52] I move that we approve, that we authorize Lucas Meyer and Nate Bredschnecker to negotiate

[1:13:04] aspects regarding the landfill with CDPHE, work with our landfill attorney,

[1:13:12] and with BLM. I'll say that with one correction. It's Nick, Brad Schnicker. Oh, Nick, I'm sorry, yes.

[1:13:22] So corrected. Any further discussion?

[1:13:27] Just being a little funny, I don't think there's

[1:13:30] any way to get that right. But with Nick's last name, but yes, so that aspect, just for the public awareness,

[1:13:41] Yes, the complicating issue is that this is a landfill that was the land is owned by BLM.

[1:13:49] It was operated by the town of Fair Play and it is an unincorporated park county.

[1:13:56] And so there's shared liability and responsibility for the remediation and those being all very

[1:14:07] different entities with different levels of financial responsibility, and so we just want

[1:14:14] to come to a positive resolution for all parties as we possibly can.

[1:14:20] Thank you for that explanation. Any further comments from the board?

[1:14:26] All right, we've got a motion

[1:14:27] in front of us. Any further discussion? If not, we'll call the question. Those in favor

[1:14:30] of the motion vote will be saying aye.

[1:14:32] Aye.

[1:14:33] Opposed, same sign that motion carries three to zero. So we have enabled your moving forward

[1:14:39] does the negotiation team yep next up we have public comments I see one maybe

[1:14:44] two on the on the zoom call anyone want to give public comments you would be

[1:14:49] enabled to do so now please raise your hand I

[1:14:57] see no hands I'm moving to

[1:14:58] public comment.

[1:15:00] Call a signal, ma'am. Proper motion and second, the close public comment, and that is that 317 p.m. Call the question, does the favor vote by saying aye? Aye. Aye. Aye.

[1:15:10] Motion carries 3 to 0 or oppose, same sign, motion carries 3 to 0. With that, we have any other business before the board. I move, we adjourn.

[1:15:19] second. Proper motion to move for a German 318 p.m. Call the question, those in favor,

[1:15:26] but we're saying aye. Aye. Opposed, same sign. Goodbye. We are off the record.

[1:15:32] Thank you everybody. Have a great memorial weekend. You too. Thanks.

Park County, CO meeting

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