1 00:00:02,610 --> 00:00:31,150 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. 2 00:00:31,150 --> 00:00:33,630 excuse me, litigation. 3 00:00:34,650 --> 00:00:37,710 We have one other item to handle since we're on the meeting today. 4 00:00:38,030 --> 00:00:42,690 So I want to tell you that Chair Whistle is here, Commissioner Mitchell is here, our 5 00:00:42,690 --> 00:00:50,770 clerk, Melana Cowsell is here, and remotely we have Commissioner Gimmer in a companion 6 00:00:51,930 --> 00:00:54,690 website that we're using for the executive session. 7 00:00:54,690 --> 00:01:00,410 So at that point, we have a call to order at 203 p.m. 8 00:01:01,110 --> 00:01:06,310 This meeting, we have a proposed agenda in front of you. 9 00:01:06,950 --> 00:01:08,890 Well, I'll tell you what, first of all, let's start with the pledge. 10 00:01:09,370 --> 00:01:10,710 Mal, you guys are hand up. What do you need? 11 00:01:13,630 --> 00:01:15,430 Which attorneys are present? 12 00:01:17,030 --> 00:01:18,850 Oh, pardon me. Yeah, County Attorney. 13 00:01:19,290 --> 00:01:23,770 County Attorney John Evans is in the room with me as well as Lucas Meyer, 14 00:01:23,770 --> 00:01:26,050 Mayor County Attorney, our County manager. 15 00:01:26,530 --> 00:01:32,610 And in the executive session meeting that is listening to this current meeting also is 16 00:01:32,610 --> 00:01:41,070 Jason Dunn, an attorney in Denver, and Nate Osterberg, and of course, Jason, Commissioner 17 00:01:41,070 --> 00:01:46,290 Gamer, is on the breakout meeting that we're going to do for the executive session. 18 00:01:46,870 --> 00:01:50,630 Yeah, so that's interesting, and hopefully, so we'll start with the pledge. 19 00:01:51,410 --> 00:01:56,050 I pledge allegiance to the flag of the United States of America 20 00:01:56,050 --> 00:02:01,790 of the United States of America which is one nation, I'm not going to go on, 21 00:02:01,810 --> 00:02:04,350 I can't say it. 22 00:02:04,430 --> 00:02:04,970 Super all girl! 23 00:02:06,230 --> 00:02:08,670 Little lag in that but we all got through it, how old are you? 24 00:02:09,510 --> 00:02:13,910 Okay with that we have a short but proposed agenda in front of you, I entertain a motion 25 00:02:13,910 --> 00:02:15,570 to adopt this presented or amend. 26 00:02:16,510 --> 00:02:18,430 Move, we adopt the agenda as written. 27 00:02:20,110 --> 00:02:26,070 Second by Commissioner Gimmer. I can hear him any further discussion. None. Herrard will 28 00:02:26,070 --> 00:02:28,850 call the question. Those in favor vote by saying aye. 29 00:02:32,680 --> 00:02:34,040 Did I hear Commissioner Gimmer? 30 00:02:34,680 --> 00:02:34,980 Yes. 31 00:02:35,680 --> 00:02:44,700 Okay. So there's three ayes up. Motion passes three to zero. Up before us we have listed on 32 00:02:44,700 --> 00:02:52,740 agenda and executive session. So with that, I would make a motion that we go into an executive 33 00:02:52,740 --> 00:03:00,060 session for the following purposes. The conference with an attorney for the county of the 34 00:03:00,060 --> 00:03:07,820 purposes of receiving legal advice on pending litigation and advice based on those parameters. 35 00:03:08,460 --> 00:03:12,800 With that, we put that on the table. Is there a second? 36 00:03:12,800 --> 00:03:18,040 second. Second by Commissioner Mitchell. Any further discussion? Just a 37 00:03:18,040 --> 00:03:21,800 notification for the folks that are listening and for the record for those 38 00:03:21,800 --> 00:03:26,780 may be later. We had some recent filings on the Board of 39 00:03:26,780 --> 00:03:30,720 Commissioners in the middle of the week and so this was the earliest we could get 40 00:03:30,720 --> 00:03:35,880 together to be able to meet with council and get advice on that ahead of the 41 00:03:35,880 --> 00:03:38,900 holiday. So that's why we're meeting today and that's why we're meeting at two 42 00:03:38,900 --> 00:03:43,320 o'clock so we can meet all of the requirements for notice on the 24 hours and so forth. 43 00:03:43,520 --> 00:03:46,580 So with that, if no discussion, we'll call the question. 44 00:03:46,600 --> 00:03:47,240 Those favourable. 45 00:03:47,340 --> 00:03:47,800 We're saying aye. 46 00:03:49,020 --> 00:03:49,240 Aye. 47 00:03:49,740 --> 00:03:49,940 Aye. 48 00:03:51,420 --> 00:03:51,820 Okay. 49 00:03:51,960 --> 00:03:51,980 Okay. 50 00:03:51,980 --> 00:03:55,940 We are in executive session at 206 PM. 51 00:03:56,260 --> 00:04:01,220 So with that, Commissioner Mitchell, I'll let you do the magic with the Zoom side. 52 00:04:01,220 --> 00:04:25,600 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. 53 00:04:26,080 --> 00:04:30,980 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 54 00:04:32,540 --> 00:04:39,340 That and then we have one more item. So with that I will let Lucas run his own computer because it's his computer 55 01:10:28,500 --> 01:10:32,080 Okay, I think we are all on. Let me, we are still recording. 56 01:10:36,730 --> 01:11:01,410 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. 57 01:11:02,090 --> 01:11:07,250 No decisions were made for the record if any person participated in the executive session 58 01:11:07,250 --> 01:11:11,930 believes that any substantial discussion or other matters not included in the motion 59 01:11:11,930 --> 01:11:17,410 to go into the executive session occurred during the executive session or that any improper action 60 01:11:17,410 --> 01:11:21,150 occurred during the executive session in violation of the open meetings law. 61 01:11:21,590 --> 01:11:23,930 I would ask that you state your concerns for the record. 62 01:11:23,930 --> 01:11:27,790 I just wanted to also note that the 63 01:11:28,530 --> 01:11:31,250 participants in the executive session for the record, 64 01:11:31,850 --> 01:11:33,530 a Commissioner Whistle, Commissioner Mitchell, 65 01:11:33,790 --> 01:11:36,990 Commissioner Gimmer, our legal counsel, John Evans, 66 01:11:38,170 --> 01:11:42,090 county manager Lucas Meyer, our 67 01:11:42,090 --> 01:11:45,530 NATOsterburg, our legal analyst, 68 01:11:46,030 --> 01:11:50,930 and Jason Dunn, special counsel that attended our session. 69 01:11:50,930 --> 01:11:58,330 So, with that, if you have any concerns, hearing none, we'll see you have the next item 70 01:11:58,330 --> 01:12:02,890 on the agenda is, and I can't see it, Lucas, would you just read it for us? 71 01:12:04,910 --> 01:12:09,910 I approve or deny authorization for county manager Lucas Meyer and public works director 72 01:12:09,910 --> 01:12:14,650 Nick Brettzenegger to negotiate terms and agreements related to landfill remediation. 73 01:12:14,650 --> 01:12:21,670 What this issue is, as we have been continuing the SAGA ad nauseam with the landfill, the 74 01:12:21,670 --> 01:12:26,530 Infamous Fairply Landsale, just a little context for this. 75 01:12:26,650 --> 01:12:34,010 The owner of the property is the BLM, and we are working to mitigate the issues of a closed 76 01:12:34,010 --> 01:12:34,650 landfill. 77 01:12:35,310 --> 01:12:43,010 This will just authorize our point people to negotiate a possible solution for all parties 78 01:12:43,010 --> 01:12:47,710 to be satisfied and move the ball into settlement and remediation. 79 01:12:48,070 --> 01:12:48,630 So that's the goal. 80 01:12:49,190 --> 01:12:50,190 That's what's on the table. 81 01:12:50,870 --> 01:12:51,310 Discussion? 82 01:12:52,910 --> 01:13:03,090 I move that we approve, that we authorize Lucas Meyer and Nate Bredschnecker to negotiate 83 01:13:04,510 --> 01:13:12,430 aspects regarding the landfill with CDPHE, work with our landfill attorney, 84 01:13:12,430 --> 01:13:20,090 and with BLM. I'll say that with one correction. It's Nick, Brad Schnicker. Oh, Nick, I'm sorry, yes. 85 01:13:22,550 --> 01:13:25,230 So corrected. Any further discussion? 86 01:13:27,820 --> 01:13:30,200 Just being a little funny, I don't think there's 87 01:13:30,200 --> 01:13:41,160 any way to get that right. But with Nick's last name, but yes, so that aspect, just for the public awareness, 88 01:13:41,160 --> 01:13:48,520 Yes, the complicating issue is that this is a landfill that was the land is owned by BLM. 89 01:13:49,130 --> 01:13:56,100 It was operated by the town of Fair Play and it is an unincorporated park county. 90 01:13:56,600 --> 01:14:07,240 And so there's shared liability and responsibility for the remediation and those being all very 91 01:14:07,240 --> 01:14:14,720 different entities with different levels of financial responsibility, and so we just want 92 01:14:14,720 --> 01:14:19,280 to come to a positive resolution for all parties as we possibly can. 93 01:14:20,300 --> 01:14:22,680 Thank you for that explanation. Any further comments from the board? 94 01:14:26,640 --> 01:14:27,380 All right, we've got a motion 95 01:14:27,380 --> 01:14:30,760 in front of us. Any further discussion? If not, we'll call the question. Those in favor 96 01:14:30,760 --> 01:14:31,920 of the motion vote will be saying aye. 97 01:14:32,460 --> 01:14:32,660 Aye. 98 01:14:33,940 --> 01:14:39,120 Opposed, same sign that motion carries three to zero. So we have enabled your moving forward 99 01:14:39,120 --> 01:14:44,800 does the negotiation team yep next up we have public comments I see one maybe 100 01:14:44,800 --> 01:14:49,440 two on the on the zoom call anyone want to give public comments you would be 101 01:14:49,440 --> 01:14:54,260 enabled to do so now please raise your hand I 102 01:14:57,010 --> 01:14:58,890 see no hands I'm moving to 103 01:14:58,890 --> 01:14:59,590 public comment. 104 01:15:00,080 --> 01:15:09,860 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. 105 01:15:10,300 --> 01:15:18,720 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. 106 01:15:19,400 --> 01:15:26,120 second. Proper motion to move for a German 318 p.m. Call the question, those in favor, 107 01:15:26,260 --> 01:15:31,360 but we're saying aye. Aye. Opposed, same sign. Goodbye. We are off the record. 108 01:15:32,920 --> 01:15:36,780 Thank you everybody. Have a great memorial weekend. You too. Thanks.