Dolores, Colorado AGENDA TOWN OFI DOLORES COLORADO BOARD OF TRUSTEES MEETING MARCH: 14", 2022 6:30 P.M. THE MEETING WILLI BEI HELD AT1 TOWN HALL4 420 CENTRAL AVENUE. IFY YOU WISH TO ATTEND VIRTUALLY, PLEASEVISITTHET TOWN WEBSITE UNDER GOVERNMENT TOWNI BOARD MEETING FOR THE: ZOOMI LINK ntps/townotdolores.colorado.soy 1.CALLTOORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4.A ACTION/APROVALOF THE AGENDA 5. IDENTIFICATION OF ACTUAL OR PERCEIVED CONFLICTS OF INTEREST. 6. CITIZENS TO ADDRESS THE BOARD: This is an opportunity for Citizens to address the Board at this time or during a Public Hearing. Each Person will have 5 minutes. The Town Board encourages public comment by the following sources: Live at the Town Hall, virtually via ZOOM (see the Town Website for the link), or by submitting your comments, via email, to the Town Clerk at ammyPowolcoorescon any time before the dated Board meeting. ACTION/APPROVAL OF THE CONSENT AGENDA: 7.1 Minutes from the February: 14th, 2022, Board meeting. 7.3 Proceedings for the month of February 2022 8. REMOVED CONSENT AGENDA ITEMS: 9. SPECIAL LICENSES/PERMITS 7.2Minutes/Workshop Notes from the February 28th, 2022, Board meeting. 10. STAFF REPORTS/PRESENTATIONS: (Fort the record The Clerk, Building Official, and Public' Works have submitted reports to the packet). 10.1 Sheriff's Report: Sheriff Steve Nowlin 10.2 Managers Report: Manager Ken Charles 10.4Treasurer's Report: Treasurer Tricia Gibson 10.3 Attorney's Report: Attorney. Jon Kelly, alternatives to conservation easement. A. Draft American Rescue Plan Funding Analysis (ARPA) 11. BOARD/COMMISSIONS: 11.1 Parks/Playground Advisory Committee 11.2 Planning and Zoning Committee 12. OUTSIDE ORGANIZATIONS: 12.1 Chamber of Commerce: Susan Lisak 12.2 Montezuma County Commissioner: Jim Candelaria 14. ACTION/APPROVALORDINANCES/RESOLUTIONS: 15. ADMINISTRATIVE BOARD BUSINESS: 13. PUBLICHEARINGS: 15.1 Discussion/Possible Action: Flanders Park Restroom Project 15.2 Discussion/Possible Action: Resolution R473 Series 2022: Awarding Contract to SGM and 53Dscisiom/Posible Action: Resubmit grant proposal for Kokopelli Bike & Board on Exon Building Engineering Services for SGM Engineers Rehabilitation. 15.4D Discussion/Possible Action: Workforce Housing Project a grant opportunity. 16. TRUSTEES REPORTS AND ACTIONS: 17.ITEMS FOR MARCH 28TH 2022, UPCOMING MEETING: 18. ADIOURNMENT: CONSENT AGENDA Dolores, Colorado AGENDA TOWN OFI DOLORES COLORADO BOARD OF TRUSTEES MEETING FEBRUARY: 14TH, 2022 6:30P.M. THE MEETING WILLI BEI HELD ATTOWNI HALL 420 CENTRAL AVENUE. AI MASKI WILLI BE REQUIRED. IFY YOUWISH TO ATTEND VIRTUALLY, PLEASE' VISIT THE1 TOWN WEBSITE UNDER GOVERNMENT TOWN BOARD MEETING FOR THEZ ZOOMI LINK tips/townotdolores.colorado.gov 1.CALLTOORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4.ACTION/APPROVAL OF1 THE AGENDA S.IDENTIFICATION OF ACTUAL ORI PERCEIVED CONFLICTS OFI INTEREST. 6.C CITIZENS TO ADDRESS THE BOARD: This is an opportunity for Citizens to address the Board at this time or during a Public Hearing. Each Person will have 5 minutes. The Town Board encourages public comment by the following sources: Live at the Town Hall, virtually via ZOOM (see the Town Website for the link), or by submitting your comments, via email, to the Town Clerk at ammyetowpocoorescon any time before the dated Board meeting. 7.ATION/APPROVAL OF THE CONSENT AGENDA: 7.1 Minutes from the. January 10th, 2022, Board meeting. 7.2 Minutes from the. January 24th, 2022, Board meeting. 7.31 Notes fromi the. January: 17th, 2022, Board' Workshop. 7.4Proceedings. 8. REMOVED CONSENT AGENDA ITEMS: 9.SPECIAL LICENSES/PERMITS 10. STAFF EPOAIS/PAESENTATONS: (For the record The Clerk, Building Official, and Public Works have submitted reports to the packet). 10.1 Sherif's Report: Sheriff Steve Nowlin 10.2 Managers Report: Manager Ken Charles 10.4Treasurer's Report: Treasurer' Tricia Gibson 11.1 Parks/Playground Advisory Committee 11.2 Planning and Zoning Committee 12. OUTSIDE ORGANIZATIONS: 12.1 Chamber of Commerce: Susan Lisak 12.2 Montezuma County Commissioner: Jim Candelaria 10.3 Attorney's Report: Attorney Jon Kelly-Executive Session Instructions 11. BOARD/COMMISSIONS: 13. PUBLICHEARINGS: 13.1 Liquor License Application: Spirits inl The Sky Wine and Beer LLC/Connie Ryman 13.2 Ordinance 557 Series 2022 Second/Final Reading: Repealing and Reenacting Portions of the 13.3 Ordinance 558 Series 2022 Second/Final Reading: Annexing certain Town owned Property to Dolores Land Use Code. the Town and Zoning such Lands. 14. ACTONAPROVALORDINACIS/RESOUITONS: 18398 Highway 145, Dolores Colorado. 14.1 Action/Approval for Spirits in the Sky Wine & Beer LLC, a new retail liquor store located at 14.2 Action/Approval of the second and final reading for Ordinance 557 Series 2022, Repealing and 14.3 Action/Approval of the second and final reading for Ordinance 558 Series 2022, Annexing 14.4 Action/Approval Resolution R470 Series 2022 Approving the IGA of participating local Governments and Authorizing the Mayor to Execute the amended agreement on behalf of the Town, Reenacting portions of the Dolores Land Use Code. certain Town owned property to the Town and Zoning such lands. pertaining to the OPIOD: settlement. 15.A ADMINISTRATIVE BOARD BUSINESS: 15.1 Update on Conservation Easement Process: Resolution R471 Series 2022 (Draft) Declaring Intention to Pursue a Conservation Easement with the Montezuma Land Conservancy. 15.1 Discussion regarding resuming in person meetings. 15.2 Discussion Community Survey and Strategic Plan. 53Disausion/Posible Action: Boundary line adjustment for Ruby Gonzales/Joanna Smith 16. EXECUTIVE SESSION: Town Attorney for the purpose of receiving legal advice on specific legal questions under C.R.S Section 24-6-402(4)(b). Legal action to enforce the Town of Dolores building codes. 17.TRUSTEES REPORTS AND ACTIONS: 18. ITEMS FOR FEBRUARY 28TH 2022, UPCOMING MEETING: 18.1 Discussion: With Montezuma Land Conservancy on the Conservation Easement. 18.2 Discussion: Iconergy EPC 19.ADIOURNMENT: Dolores, Colorado Bst 7900 MINUTES TOWN OF DOLORES COLORADO BOARD OF TRUSTEES FEBRUARY 14TH, 2022 6:30 P.M. FOR THE RECORD, THE MEETING WAS HELD BOTH LIVE AND VIRTUALLY. THE RECORDING MAYI BE SEEN ON THE TOWNS WEBSITE. nttps/townofdolores.colorado.gov 1. CALLTO ORDER: Mayor Wheelus called the meeting to order at 6:31 p.m. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Board Members that attended in person: Trustee's Duvall "Val" Truelsen, Jennifer Stark, and Sheila Wheeler. Board members attending virtually: Mayor Chad Wheelus, 3.15 Staff Present: Attending live: Manager Ken Charles, Clerk Tammy Neely, Building Official David Doudy, Sheriff Steve Nowlin, and Attorney Jon Kelly. Attending virtual Treasurer Tricia 4. ACTION/APPROVAL OF THE AGENDA: Trustee Wheeler moved to approve the Agenda for February14",2022, seconded by Trustee Truelsen. Motion was approved unanimously. 5. - IDENTIFICATION OF ACTUAL OR PERCIEVED CONFLICTS OF INTEREST: No conflicts were 6. CITIZENS TO ADDRESS THE BOARD: This is an opportunity for Citizens to address the Board at this time or during a Public Hearing. Each Person will have 5 minutes. The Town Board encourages public comment by the following sources: Live at the Town Hall, virtually via ZOOM (see the Town Website for the link), or by submitting your comments, via email, to the Town Clerk at ammyetownatolotson any time before the dated Board meeting. 6.1 Lisa Roche: Addressed the Board concerning the Harris property zoning. She commented on protecting the Harris Property. She spoke of preserving and protecting the Hillside. Trustee's Melissa Watters, Andy Lewis, and Tracy Murphy. Gibson, and Public Works Director Randy McGuire. identified. 6.2 Doug Summers of 606.5 Hillside Drive commented on the Hillside property that the Trustee's discussed concerning adding the property into a conservation. He agreed, and the property should be left open and undeveloped. He commented the property of 606 Hillside, and! 598 Hillside has been misused by parking, fencing, and other uses. ACTION/APPROVAL OF THE CONSENT AGENDA: 7.1Minutes from the. January 10th, 2022, Board meeting 7.2Minutes from the. January 24th, 2022, Board meeting 7.3Workshop notes from the January 17th, 2022, Board Workshop. 7.41 Proceeding for the month of. January 2022. Trustee Murphy moved to approve the consent agenda, seconded by Trustee Watters. Trustee Stark commented that she requested the Town Clerk remove a sentence from the minutes of. January 24th, 2022. The Town Clerk removed the sentence as per the request of Trustee. Stark. The motion passed unanimously. 8. Removed Consent Agenda Items: No action made 9. SPECIAL LICENSES AND PERMITS: No permits or licehses scheduled. 10. STAFF EPORISPASENIATONS (For the record the Clerk, Building Official, and Public Works have submitted reports in the 10.1 Sheriff's Report: Sheriff Steve Nowlin reported to the Board the calls for service and 10.2 Manager Report: Manager Ken Charles addressed the Board with the following packet). the monthly expenditures. updates: Met with the Chamber of Commerce to discuss dates fora aj joint meeting. Two open houses on January 6th and seventh to allow member of the Public to participate in a presentation on the DRAFT LUC, by the Towns Consultant Elizabeth Garvin. On January 11th, 2022, the Planning and Zoning Commission held a Public Hearing, and recommended it to the Town Board for approval. On January 24th, 2022, the Board will review on the first reading for the adoption of the revised LUC. On February 14th, 2022, the Board will hold a public hearing on the revised LUC followed by an action to approve with change or delay approval pending further changes. The entire draft LUC is posted online at the towns website and can be accessed from the home page. The Manager and town Attorney met with Travis Custer the Executive Director of Montezuma Land Conservancy to discuss the creation of a conservation easement for town properties. This will be discussed later at the February 28th, 2022, Workshop. The Town sponsored a presentation for the public on February gth, 2022, to present Staff will be organizing a Meet and Greet for the Candidate running for the Board. This willl be an opportunity for the candidates to meet the Town Employees. 10.3 Attorney's Report: Attorney Jon Kelly addressed the Board concerning the upcoming executive session and the Trustees that attend virtually. He explained that it is of utmost importance that there is no one else ini the room during the session. Total and complete privacy must be adhered to. He gave the direction that the meeting recording will be stopped if there is interruption of any kind, the meeting will be restarted after the interruption has ceased. He materials for fire mitigation options on private properties. explained the importance of executive sessions being confidential. 10.4 Treasurer's Report: Treasurer Tricia Gibson informed the Board that she signed a Vendor Agreement with the State of Colorado Office of Economic Security to participate in a new Low-Income Household Water Assistance Program (LIHWAP) which is part of the existing Low-Income Energy Program (LEAP). She explained the benefits of both programs to the Board. Included in her report she submitted a comparison of energy costs from 2020 to 2021 with the Solar installation, the Town Hall is showing a 55% decrease, Sewer Plant a 37% decrease, and Town Shop was a 44% decrease. There was considerable savings since Solar installation. She also submitted the monthly sales tax report. 11. BOARDS AND COMMISSIONS: 11.1 Parks/Playground Advisory Committee: The minutes for the January 13th Parks meeting is submitted to the packet for record. Manager Charles updated the Board on the Community Gardens, Joe Rowell Park plan, and the Fishing is Fun/Auquahab proposal. The west side riverside trail entrance. The Parks Committee requested snow and ice be cleared at the 11.2 Planning and Zoning Committee: Commissioner Linda Robinson reported to the Review of a preliminary plat boundaryadustment application for Gonzales/Smith at 200 and 202 South 5th street. The Committee unanimously voted to approve the preliminary Shirley Powell reported to the commission on her work with the Town of Dolores and Kokopelli Bike and Board on the application for Historical Buildings Rehab Grant. The grant will be for repairs on the Exxon Building located on Central Street. P&Zd discussed the Ordinance for the LUC, hoping that the Board approves. entrance of the trail for access purposes. Board items discussed at the P &Zmeeting on February 9th, 2022. plat. 12. OUTSIDE ORGANIZATIONS: 12.1 Chamber of Commerce: Director Susan Lisak reported that the Calendar of events for 2022 is published. She is currently working on the Farmers Market. The Chamber Banquet will be held April 30th at the Dolores Community Center. The Chamber will be hosting a Candidates Forum for the Dolores Municipal 2022 Candidates at the Dolores Community Center. She announced that the visitors centerwill have a dog washing station, 12.2 Montezuma County Commissioner. Jim Candelaria was absent. 13. PUBLIC HEARINGS: 13.1 Liquor License application for Spirits in the Sky Wine & Beer LLC, a retail liquor store located at 18398 Hwy 145 in Dolores. Mayor Wheelus opened the hearing for public and questions from the Board, the meeting is recorded for the record. Clerk Neely introduced the license and applicant Connie Ryman, in which she gave a quick outline of future plans for the 13.2 Ordinance 557 Series 2022 Second/Final Reading, Repealing and Reenacting Portions of the Dolores Land Use Code: The Ordinance introduced by Manager Charles. The hearing is recorded for the record. Attorney Kelly outlined the Ordinance. Consultant Elizabeth Garvin was present for comment. Trustee Stark question article 18 and stated article 18 was missing. Elizabeth Garvin stated that after approval she can go and clean up the numbering, she will be adding an index as well. She stated typically clean up typos and other errors are completed after approval. As long there is no changes to wording it is allowable per Town Attorney. Trustee Wheeler questioned the verbiage on the Ordinance description. No public comment 13.3 Ordinance 558 Series 2022 Second/Final Reading: Annexing certain Town owned property to the Town and zoning such lands. Tracts 1,2, And 3 is currently the parcels that needs annexed into the town. The Harris property is in Town limits. Manger Charles covered a brief history as to how the town acquired the properties. The manager and attorney also touched on the uses and zoning of the properties. The Planning and Zoning Commission reviewed the zoning designation options at their January 11th, 2022, meeting. They passed a motion to recommend P1zoning designation for all public properties on the map and to permit major municipal infrastructure facilities. The Board discussed zoning and heard public store. Mayor Wheelus closed the hearing. made. Mayor Wheelus closed the hearing. comment. Mayor Wheelus closed the hearing. 14. ACTION/APPROVAL ORDINANCES/RES/RESOLUTIONS: 14.1 Action/Approval for a Retail Liquor License for Spirits in the Sky Wine and Beer LLC. Trustee Stark moved to table approval of the liquor license until the Building Officials final 14.2 Action/Approval for Ordinance 557 Series 2022 second and final reading: Repealing and Reenacting portions of the Dolores Land Use Code. Trustee Truelsen moved to approve inspection, seconded by Trustee Wheeler. Motion approved by a 6to1 1 vote. Ordinance 557 Series 2022 second and final reading, seconded by Trustee Murphy. Motion 14.3 Action/Approval for Ordinance 558 Series 2022, second and final reading: Annexing certain town owned properties and zoning such lands. Trustee Truelsen moved to approve zoning tracts 1,2, and 3 town properties and zoning them as P1, seconded by Trustee Murphy. 14.4 Action/Approval Resolution R470 Series 2022: Approving the IGA of participating local Governments and Authorizing the Mayor to Execute the amended agreement on behalf of the Town, pertaining to the OPIOID settlement. Manager Ken Charles introduced the resolutions and reasons for amendment. Trustee Murphy moved to approved Resolution R470. Series 2022, approved unanimously. seconded by Trustee Watters. Motion approved unanimously. 15 ADMINISTRATIVE BOARD BUSINESS: 15.1 Update on Conservation Easement Process: Manager Ken Charles and Attorney Jon Kelly introduced a draft Resolution declaring the intention to pursue a Conservation Easement with Montezuma Land Conservancy. Attorney Kelly explained proposed resolution R471 Series 2022 (A DRAFT). An easement for the Harris property would enter into a conservation 15.2 Discussion of in person meetings: Manager Charles inquired about in person meetings, concerning preferences on meeting attendance. Board Members should feel secure on attending meetings in person. Mayor Wheelus added comment that there are times a member must get or feel comfortable attending a meeting in person. The virtual concept opens opportunity for Members or publictoattend. Board members also voiced opinions as well. 15.3 Discussion of the Community Survey and Strategic Plan: Manager Charles provided in the packet a copy of the Community Survey. Manager Charles and Trustee Stark is working to get the survey completed and in circulation for the public to complete. This will provide information on how to base the strategic plan. Manager Charles asked the Board for a date to meet to discover the answers from the survey. Trustee Stark would like to discuss the plan the 154Dscusion/Posible Action: Boundary line adjustment for Ruby Gonzales/loanna Smith. Building Official David Doudy introduced the application for a boundary line adjustment the properties of the parties. An application submitted to cure a setback issue. The Smith property did not meet the setback requirements as outlined in the LUC. The remedy is for Joanna Smith to purchase part of Ruby Gonzales's property to reflect the change. Trustee Stark moved to approve with the conditions that staff recommends, seconded by Trustee Wheeler. Motion 16. EXECUTIVE SESSION: Trustee Stark moved to go into executive session with the Town Trustees, Town Attorney Building Official, and Manager, for purpose of receiving legal advice on specific legal questions under CRS Section 24-6-402 (4)(b). Legal Action to enforce the Town easement with Montezuma Land Conservancy. 14th of March 2022. The Board agreed. approved unanimously. EXECUTIVE SESSION MOTION FORM (Note: 2/3 Quorum Present Must Vote Yes; the session may only occur at a regular ors special meeting of DATE 2-14-1DOTON haskle Mekro thel body) IMOVE TOGOI INTOE EXECUTIVE SESSION: Br dpapbe itam HIL 2-1V-2023 (language in bold-face is fori inclusion int the motion as applicable; ift the stated purpose of the executive session is legal advice, donot combine it with any other purpose): For a conference with the City/Town attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4)(b); For purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/orinstructing negotiators, To discuss the purchase, acquisition, lease, transfer, or sale oft real, personal, or For discussion of a personnel matter under C.R.S. Section 24-6-402(2)() and not involving: any specific employees whol have requested discussion of the matter in open session: any member of this body or any elected official; the appointment of any person to: fill an office of this body or of an elected official; or personnel policies that do not require the discussion of matters personal toj particular the N under C.R.S. Section 24-6-402(4)(e); E atony other property interest under C.R.S. Section 24-6-402(4)(a); employees; For discussion of a matter required tol be kept confidential by the following federal or state law, rule, or regulation: under C.R.S. Section 24-6- 402(4)c; For discussion of specialized details of security arrangements ori investigations For consideration of documents protected by the mandatory nondisclosure provisions of the Open Records Act under C.R.S. Section 24-6-402(4)(g); under C.R.S. Section 24-6-402(4)(d); Other (specify). AND THE FOLLOWING ADDITIONAL DETAILS ARE PROVIDEDFOR IDENTIFICATION PURPOSES (Presiding Officer may ask Attorney/staff toj provide the details): Pmhn EXECUTIVE SESSION ANNOUNCEMENT NO.1 ANNOUNCEMENT TO BEI MADE BY PRESIDING OFFICER AT THE BEGINNING OF THE EXECUTIVE SESSION (MAKE SURE THE RECORDER IS TURNED ON; DON NOT TURNI IT OFF DURING THE EXECUTIVE SESSION UNLESS SO. ADVISED BY THE The day is 214-2022, and the time is 9:18. For the record, I, BLeln am the presiding officer as required by the Open Meetings CITY/TOWN ATTORNEY) "Law; this executive session is being electronically recorded. Also present at this executive session are the foilowing aclblasles H Hbpah Heyaslaky dbfn leks alloy 7 Tom chk This is an executive session for the following purpose: (repeat the language of the motion, including the statutory citation) session, and that no formal action may occur in the executive session. Icaution each participant to confine all discussion to the stated purpose of the executive If at any point in the executive session any participant believes that the discussion is going outside the proper scope of the executive session, please interrupt the discussion and make an objection. officer Barhhukne Presiding signature. EXECUTIVE SESSION ANNOUNCEMENT NO.2 ANNOUNCEMENT TO BE MADE BY PRESIDING OFFICER BEFORE CONCLUDING THE EXECUTIVE SESSION (WHILE THE RECORDER IS STILL ON) Ihereby attest that this recording reflects the actual contents of the discussion at the executive session and has been made in lieu of any written minutes to satisfy the recording XIwill hand the recording to the City/Town Attorney to retain for a 90-day period. (ifCity/Town Attorney was the subject of the session and or was not present at the session) requirements of the Open Meetings law. OR Iwill retain the recording in my possession for a 90-day period. The time is now 913ka and we now conclude the executive session and return to the open meeting. Daslhha Presiding officer signature. of Dolores building codes, seconded by Trustee Watters. Motion was carried unanimously Trustee Truelsen chaired the session. The executive session concluded and brought back to the regular meeting. 17.ADJOURNMENT:Trustee Truelsen adjourned the regular Board meeting at 9:40 p.m. Mayor Chad Wheelus Town Clerk Tammy Neely Dolores, Colorado AGENDA TOWN OFDOLORES COLORADO BOARD OF TRUSTEES METING/WORASHOP FEBRUARY: 28TH, 2022 6:30 P.M. THE MEETING WILL BEI HELD AT TOWN HALL4 420 CENTRALAVENUE. IFYOUWISH1 TO ATTEND' VIRTUALLY, PLEASE VISIT THE7 TOWN WEBSITEI UNDER GOVERNMENT TOWNI BOARD MEETING FOR THE ZOOM LINK tps/townordolores.colorado.goy WORKSHOP 6:30-7:45 p.m. 1. Montezuma Land Conservancy: Travis Custer and. James Reimann 2. Iconergy: Carl Hurst on the Energy Audit performance contracting. 1. CALLTO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL .ACTION/APPROVAL OFT THE AGENDA 5.IDENTIFICATION OF ACTUAL OR PERCEIVED CONFLICTS OF INTEREST. 6. CITIZENS TO ADDRESS THE BOARD: This is an opportunity for Citizens to address the Board at this time or during a Public Hearing. Each Person will have 5 minutes. The Town Board encourages public comment by the following sources: Live at the Town Hall, virtually via ZOOM (see the Town Website for the link), or by submitting your comments, via email, to the Town Clerk at ammyPtowrolcoorescon any timel before the dated Board meeting. 7.SPECIAL LICENSES/PERMITS: 8.S STAFF EPOAIS/PAISENTATONS: 8.1 Managers Report: Manager Ken Charles 8.2 Attorney's Report: Attorney. Jon Kelly 9. OTHER ORGANIZATIONS: 9.1 MONTEZUMA COUNTY COMMISSIONER: Jim Candelaria 10. ADMINISTRATIVE BUSINESS: 10.1 Doug Summers complaint 10.2 Parking issues 10.3 Snow Removal issues 10.4 Discussion/lon Kelly options for preserving Town owned properties. 11. ACTONAPAOVALORDINANCES/RESOUTIONS: 11.1 Resolution R472 Series 2022 CDOT Revitalizing Street Program (Flanders Park Restroom project). 12. TRUSTEES REPORTS AND ACTIONS: 14. ADIOURNMENT: Dolores, Colorado MINUTES TOWN OF DOLORES COLORADO BOARD OF1 TRUSTEES MEETING/WORASHOP FEBRUARY 28TH, 2022 6:30P.M. TOWN WEBSITE AT opkiowmololorscoso. FOR1 THE RECORD, THE TOWNI BOARD WORKSHOP/MEETING WASI HELDI INF PERSON AND VIRTUALLY. THEI REOCDING CANE BE SEEN ON THE WORKSHOP 6:30-7:45p.m. and answered questions. 1. Montezuma Land Conservancy: Travis Custer gave a presentation on information and requirements oft the Montezuma Land Conservancy. He discussed the requirements for land entering the Conservation 2. Iconergy: Energy/Audit performance contracting. Carl Hurst attended virtually and discussed the Energy Performance Contract. He stated that the expense will be high to bring the Towns, Wastewater Treatment Plant and' Water Treatment Plant buildings, and streetlights and make them energy efficient. iconergy will assist int the search fori funding. A presentation of the scopes of projects identified. 1.CALLTO ORDER: Mayor' Wheelus called the Regular Board meeting to order at 7:55 p.m. 2. PLEDGE OF ALLEGIANCE 3.ROLL CALL: Thel Board members present inj person: Mayor Chad Wheelus, Trustee Duvall "Val" Truelsen, Sheila Wheeler, and Melissa Watters. Attending Virtually was Trustee's Tracy Murphy, Andy Lewis, and 3.1StaffPresent: Manager Ken Charles, Building Official David Doudy, ClerkTammyl Neely, andA Attorney 4. ACTION/APPROVAL OF THE AGENDA: Trustee Watters moved to approve the February 28", 2022, 5. IDENTIFIÇATION OF ACTUAL OR PERCEIVED CONFLICTS OFI INTEREST. No conflicts identified. 6.0 CITIZENS TO ADDRESS THE BOARD: This is an opportunity for Citizens to address the Board at this time or during a Public Hearing. Each Person will have 5 minutes. The Town Board encourages public comment by the following sources: Live ati the Town Hall, virtually via ZOOM (see the Town Website for the link), or by submitting your comments, via email, to the Town Clerk ati mypowpocoorscon Jennifer Stark. Jon Kelly. agenda, seconded. by Trustee Truelsen. Motion carried unanimously. any time before the dated Board meeting. 6.1 Doug Summers/600.5 Hillside Avenue: Addressed the Board concerning item 10.1 in the packet. He expressed his appreciation for the Town discussing the issue. He also talked about fencing, parking, and aggressive animals. This is in reference to the map presented in the packet. Mr. Summers appeared 6.2. Jerry Whited: Addressed the Board concerning the Conservation Easement and entering into a conservation agreement with Montezuma Land Conservancy. He questioned who will be responsible for fire mitigation. He questioned if the land goes into conservation will there be a way for the hillside to be inp person. maintained fori fire mitigation. 7.SPECIAL LICENSES/PERMITS: 8. STAFF EPOAESPAESENTATONS: 8.1 Managers Report: Manager Ken Charles gave updates on the following: Met with a representative of the Dolores Youth Baseball. He reported that the organization has separated from the Cortez Baseball Program and is now a league of their own with none profit SWCCA has proposed constructing a new bike trail that runs along the south side of the school campus property from 14th street to 12th street. Manager Charles suggested to the SWCCA that they meet with the school board first. A survey would need performed to determine whether the Town! Survey is circulated. The plan is to have data to discuss the Strategic Plan on the March 28, 8.2 Attorney's Report: Attorney Jon Kelly reported that he will be presenting options for the conservation easement at the March 14th Board meeting. He reported on the Marijuana application status. DYB plans on at full season through. June. trail would on town or school property. 2022, Board meeting. stating that everything is in order and waiting on as security issue tol be solved. 9. OTHER ORGANIZATIONS: 9.1 MONTEZUMA COUNTY COMMISSIONER: Jim Candelaria updated the Board starting with saying that thel Ironwood High Impact Permit and Special Use Permit was denied by the County It was discovered that the funds from the lodger's tax were not received because the County did not have a resolution in place with the State. He touched on Denver Air Connect and the Sheriff'svehicles on order. 10. ADMINISTRATIVE BUSINESS: 10.1 Doug Summers complaint: The Board discussed a number of Mr. Summers complaints concerning property issues on Hillside Avenue. A map of the issue presented to the Board for discussion and was also included in the Board packet. Attorney Kelly reviewed al brief history on the property. The Town owns 161 ft right of way with an access and utility easement. It was discovered that residents have been encroaching on the property, residents were notified byt the Town to remove fencing off of the right of way. A response wasi received by one of the residents. Attorney Kelly was concerned abouti issues when the Town acquired the property. The Board voiced their opinions. 10.2 Parking issues: Manager Charles started the discussion by stating the Town has received complaints on snowy days. The Town equipment and vehicles cannot get through to maintain the road. He asked if during snow events to limit parking to one side. The Sheriff was also notified about parking perpendicular which is not allowed. 10.3 Snow Removal issues: Addressed on item 10.2. 11. ACTION/APPROVALORDINANCES/RESOLUTIONS: 11.1 Resolution R472 Series 2022 A resolution in support of an application to the Colorado Department of Transportation (CDOT) Revitalizing Main Streets Opportunity 2 (Small Grants) Program (Flanders Park Restroom project). Manager Charles introduced the resolution explaining the need for restrooms ini Flanders Park. Manager Charles asked for the Boards approval and authorization to continue with applying for the grant. Trustee moved to approve Resolution. R472. Series. 2022 to pursue the grant for the restrooms, seconded by Trustee Watters. Motion passed by 6 yes votes and: 1 no vote. 12. TRUSTEES REPORTS AND ACTIONS: 14. ADIOURNMENT: Mayor Wheelus adjourned the meeting at 9:40 p.m. Mayor Chad Wheelus Town Clerk Tammy Neely MAINTENANCE DAILY REPORT FEBRUARY 2022 1 2 3 4 5 6 7 Plants. Pulled the monthly wastewater plant samples, the chlorine samples and the Bacti samples. Finished the turbidity report. Checked the streets. Serviced the Polaris UTV. Plants. Sanded streets and intersections. Bladed the walking trail. Cleaned the motor Plants. Assisted the tie in for the sprinkler system at 102 Railroad Ave. Cleaned the Plants. Checked the park trash. Checked the streets. Charged the new sprinkler system graders and the loader. Lubed the backhoe and the loader. shop. at 102 Railroad. Checked the storm drains. Plants. Randy Plants. Wyatt Plants. Fixed N 4th street drainage. Checked ai meter at 302 Riverside (frozen service line on owners' side). Repaired meter remotes. Worked on water plant computer connection Plants. Flushed the sprinkler system at 102 Railroad and checked the chlorine. Replaced the blower hour meter at the wastewater plant. Checked influent monitor at the Plants. Cleaned the pickups. Fixed 21st street. Lay sod' back down at. Riverside Park. Installed a valve can extension on the sprinkler system valve. Picked up trash. 10 Plants. Fixed the stop sign at 4th street and Merritt Way. Filled potholes. Put out mole 11 Plants. Checked the meter at 209 Central Ave. Repaired the burner on the pressure issues. Tested the chlorine for sprinkler system at 102 Railroad. 8 wastewater plant. 9 bait. Worked on pressure washer. washer. Cleaned the shop. 12-13 Plants. Randy. 14 Plants. Finished working on the water plant computer. Updated paperwork at the water plant. Service the chlorine meter at the water tank. Attended the board meeting. 15 Plants. Repair the pH meter at the water plant. Moved ice at the west parking lot in. JRP. Replaced a leaking radiator on the 2500 chevy. Turned of water at 500 Riverside for owner to do ai repair. Checked the streets. 16 Plants. Pulled the chlorine samples. Pulled the annual water plant samples. Performed water plant maintenance. Took a final read at' 708 Hillside. 1 17 Plants. Serviced the loader hydraulic system. Sorted and arrange the parks repair supplies. 18 Plants. Filled the chlorine feed at the wastewater plant. Clean and lubed the backhoe and 19-21 Plants. Anthony, wastewater plant influent plugged on the 20th. Wyatt and Anthony loader. Checked the streets. Filled potholes. cleaned it. 22 Plants. Plowed snow. 23 Plants. Pushed snow off 7th and gth streets. Cleaned the sidewalk and walking trail. Pulled the chlorine samples. 24 Plants. Plowed snow. 25 Plants. Pushed streets and hauled snow. Picked up the new UTV 26-27 Plants. Wyatt. 28 Plants. Hauled snow. Attended the Board meeting. 2 2/18/2022 3:43:55PM TOWN OF DOLORES Billing Period Report For1 12/1/2022- 2/28/2022 Include Write OffA Accounts: True Amount* 32,450.31 -124.00 -1,616.12 28,990.97 -73.61 -30,804.70 15,854.24 0.46 62.32 15,917.02 18,912.25 61.68 18,973,93 $36,536.56 Amount $2,010.68 $10,469.76 $674.31 $249.28 $1,562,15 $888.06 $92.52 $2,121.18 $44.35 $1,046.77 $675.85 $844.34 $121.59 $10,461.71 $246.72 $1,693.51 $138.22 $0.00 $0.00 $970.93 $0,00 Page 66 of67 Account Location Transaction* Type Active! Hold Hold End Billing Period Totals Balancel Forward Payments & Credits Balance Transfer Payment Cash Payment Check WATER ADJUSTMENT Payments & Credits SEWER SEWER SEWER ADJUSTMENT SEWERE Balance Transfer SEWER WATER WATER WATERI Balance Transfer WATER Ending Balance Rate Code Totals Rate Code SEWER CS1 COMMI INT TOWN $01 RESIDENT INT TOWN $021 RESIDENT OUT OF TOWN S03 RESIDENT INT TOWN 1K $1K COMMSEWERIKMETER $90 SENIORLID DISCOUNT WATER C05 COMM.TAP INT TOWN CW1 COMM INT TOWN CW2 COMM1 1K OUT TOWN CW3 CM1KI INT TOWN MF1 100 GAL MULTIFAMILYI INTOWN MF2 1KN MULTIFAMILYI INTOWN MF3 1KC OUT OF TOWNA MULTIFAMILY MF4 100 GALI MULTIFAMILY OUT OFTOV $454.56 RO1 RESIDENT INT TOWN R02 RES. TOWNT TAP R031 RESIDENT OUT1 TOWN RK1 RESIDENT 1KI METER TW1 TOWN WATER TW21 TOWN WATER1K W90 SENIORL LID DISCOUNT WD WATERI DOCK 1K Transaction! Date 560 1 19 397 2 419 487 1 2 490 554 2 556 2,025 EID Last Reading New Reading Usag. Usage 282,600 1,258,600 65,000 37,000 539,000 175,000 0 235,600 1,000 238,000 96,000 317,000 15,000 28,000 1,239,600 0 155,000 20,000 24,000 1,000 175,000 151,000 Count 62 336 13 8 30 38 3 63 24 20 11 2 10 322 8 35 4 10 2 38 Usage Totals 2/18/2022 3:43:55PM TOWN OF DOLORES Billing Period Report For12/1/2022- -2/28/2022 Include Write OffA Accounts:" True Amount* 0 843,600 0 1,000 1,000 1,511,600 2,357,200 0 861,600 0 1,000 177,000 1,656,600 2,696,200 5,053,400 Page 670f67 Account Location Transaction' Type Active Hold Hold End SEWER Commercial MultiFamily Other PublicGovt Residential WATER Commercial MuitiFamily Other PublicGovt Residential Total Usage Negative Usage Other Receipts Description BUSINESS! LICENSE CHARTERI FRANCHISE COMNETI FRANCHISE COURT FINES DEVELOPMENTI FEE DOGI LICENSE EMPIRE FRANCHISE LIQUORLICENSE PROPT TAX-OWNERSHIP PROPERTYTAX R&B TAX WATERI DOCK Payment Type Cash Check Transaction Date EID Last New! Reading Reading Usage No customers were billed for negative usage in this period. Amount $1,150.00 $1,396.75 $718.34 $760.00 $500.00 $310.00 $4,369.05 $800.00 $850.16 $487.39 $67.18 $790.00 $12,198.87 Amount $-790.00 $-11,408.87 $-12,198.87 Indicates non-finalized charge 14 Ol 1876 TOWN OF DOLORES FEBRUARY 2022 80 8888 County of Montezuma Date Journal DOLORES CONTRACT PERMANENT SALARIES Detail Ledger- expense ledger Period: 01/22-01/22 Account Number Page: 23 Feb1 16, 2022 08:00AM Debit Amount 4,499.04 4,134.24 4,134.24 12,767.52 Credit Amount Payee or Description Balance .00 01/01/2022 (00/22) Balance 001.1650.1120 01/31/2022 (01/22) Period1 Totals and Balance 01/01/2022 (00/22) Balance 001.1650.1152 01/31/2022 (01/22) Period Totals and Balance 01/01/2022 (00/22) Balance 001.1650.1160 01/31/2022 (01/22) Period1 Totals and Balance 01/01/2022 (00/22) Balance 001.1650,1220 01/31/2022 (01/22) Period7 Totals and Balance 01/01/2022 (00/22) Balance 001.1650.1221 01/31/2022 (01/22) Period" Totals and Balance 01/01/2022 (00/22)E Balance 001.1650.1310 01/31/2022 (01/22) Period7 Totals and Balance 01/01/2022 (00/22) Balance 001.1650.1387 01/31/2022 (01/22) PeriodTotals and Balance 01/01/2022 (00/22)E Balance 001.1650.1425 01/31/2022 (01/22) Period7 Totals andE Balance 01/01/2022 (00/22)E Balance 001,1650.1500 01/31/2022 (01/22) Period Totals and Balance 01/01/2022 (00/22)E Balance 001.1850.1810 01/31/2022 (01/22)F Period Totals and Balance 01/01/2022 PC PAYROLL TRANSF FOR 1/1/2022 PAYF PERIOD 01/15/2022 PC PAYROLL TRANS FOR 1/15/2022 PAY PERIO 01/29/2022 PC PAYROLL TRANS FOR 1/29/2022 PAY PERIO .00 12,767.52 YTD Encumbrance OVERTIME YTD Encumbrance FRINGE BENEFITS .00 YTD Actual 12,787.52 Total 12,767.52 YTD Budget 108,000.00 Unexpended 95,232.48 .00 32.45 .00 3,247.01 .00 2,144.78 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 01/01/2022 PC PAYROLL1 TRANSI FOR1 1/1/20221 PAYF PERIOD 32.45 32.45 .00 .00 YTD Actual 32,45 Total 32,45 YTDI Budget 4,000.00 Unexpended 3,987.55 01/01/2022 PB PAYROLL TRANS FOR 1/1/2022 PAYF PERIOD 01/15/2022 PB PAYROLL TRANS FOR 1/15/2022 PAYI PERIO 01/29/2022 PB PAYROLL TRANS FOR 1/29/2022 PAY PERIO 544.89 2,208.87 493.25 3,247.01 .00 YTD Encumbrance OPERATING EXPENSES 01/08/2022 AP CENTURYLINK 01/02/2022 AP CENTURYLINK 01/01/2022 AP INTELLICHOICE, INC YTDI Encumbrance MPI MAINTENANCE YTD Encumbrance PROFESSIONAL SERVICES YTDI Encumbrance VEHICLEI EXPENSES YTD Encumbrance FLEET COSTS YTDI Encumbrance TRAINING YTDI Encumbrance DISPATCHFEES .00YTDActual 3,247.01 Total 3,247.01 YTD Budget 39,000.00 Unexpended 35,752.99 72.39 72.30 2,000.00 2,144.78 .00 .00 YTD/ Actual 2,144.78 Total 2,144.78 YTD Budget 8,000.00 Unexpended 5,855.22 .00 .00 .00 YTD Actual .00 Total .00 YTDI Budget 1,500.00 Unexpended 1,500.00 .00 .00 .00 YDActual .00 Total .00 YTDE Budget 3,000.00 Unexpended 3,000.00 .00 .00 .00 YTD/ Actual .00 Total .00 YTD Budget 6,500.00 Unexpended 6,500.00 00 00 .00 YTD/ Actual .00 Total .00 YTDE Budget .00 Unexpended .00 .00 .00 .00 YTD/ Actual .00 Total .00 YTDE Budget .00 Unexpended .00 .00 .00 County ofN Montezuma Date Joumal YTD Encumbrance CONTRACT! REFUND YTDI Encumbrance Detaill Ledger- expense ledger Period: 01/22-01/22 Account Number Page: 24 Feb 16, 2022 08:00AM Debit Amount Payee or Description Credit Amount Balance .00 YTD/ Actual .00 Total .00 YTDBudget 30,000.00 Unexpended 30,000.00 01/01/2022 (00/22) Balance 001.1650.1675 01/31/2022 (01/22) Period" Totals andE Balance .00 .00 .00 .00 .00 YTDActual .00 Total .00 YTDE Budget .00 Unexpended .00 Total DOLORES CONTRACT: 18,191.76 .00 .00 Detective Division Dolores Monthly February 2022 MONTHLY YEARTODATE NEW CASES. ASSIGNED CASES PENDING 1 0 1 $0.00 $0.00 I 0 1 $0.00 $0.00 CASES CLEARED/INACTIVE/CLOSED VALUE OF STOLEN/DAMAGED: PROPERTY VALUE OFI RECOVERED PROPERTY HOURS WORKED OTHER-HOURS WORKED 4 0 4 MONTEZUMA COUNTY DETECTIVE DIVISION: HAD THE: FOLLOWING: CASE# MC220237 ORFENSE-VIOLATION Sex Assault Fondling (JUV) STATUS Open/Active Summons Written For the Town of Dolores February 2022 MONTEZUMA COUNTY: SHERIFF'S OFFICE 730 EAST DRISCOLL STREET CORTEZ, CO 81321 STEVE NOWLIN SHERIFF 970-565-8452 970-564-3731 Dolores Summons Total Records: 43 CITATION CHARGES NUMBER C31958 Date Reported 2/10/2022 CITATION CHARGES NUMBER C32099 Date Reported 2/28/2022 CITATION CHARGES NUMBER Date Reported 2/3/2022 CITATION CHARGES NUMBER Date Reported 2/1/2022 CVATION CHARGES NUMBER Date Reported 2/1/2022 CITATION CHARGES NUMBER Date Reported 2/11/2022 CITATION CHARGES NUMBER Date Reported 2/11/2022 CITATION CHARGES NUMBER Date Reported 2/11/2022 03/02/2022 13:34 Count Issuing Officer NOWLIN, STEVE Count 1 Issuing Officer GILBERTO, JACOB Count C32093 CRIMINAL VIOL 3RD DEGREE CRIMINAL TRESPASS Issuing Officer GILBERTO, JACOB Count 1 C31714 CRIMINAL VIOL- ASSAULT1 IN THE THIRD DEGREE Issuing Officer PHELPS, ALLEN Count 1 C31713 CRIMINAL VIOL: ASSAULT: IN THE THIRD DEGREE Issuing Officer PHELPS, ALLEN Count 1 C31822 CRIMINAL VIOL ASSAULT IN THE THIRD DEGREE Issuing Officer KENNEDY, ALEXANDER Count 1 C31823 CRIMINAL VIOL ASSAULT IN THE THIRD DEGREE Issuing Officer KENNEDY, ALEXANDER Count 1 C31824 CRIMINAL VIOL ASSAULT IN THE THIRD DEGREE Issuing Officer KENNEDY, ALEXANDER CITATION CHARGES NUMBER Count C31466 CRIMINAL VIOL- CHILD ABUSE (M1) Date Reported 2/12/2022 CITATION CHARGES NUMBER Date Reported 2/1/2022 CITATION CHARGES NUMBER Date Reported 2/9/2022 CITATION CHARGES NUMBER Issuing Officer GALLEGOS, MATTHEW Count 1 C32260 CRIMINAL VIOL CRIME OF VIOLATION OF AI PROTECTION ORDER (M2). Issuing Officer SCHMALZ, PETER Count C32039 CRIMINAL VIOL CRIME OF VIOLATION OF A PROTECTION ORDER (M2) Issuing Officer ZELNICEK, GRANT Count C32094 CRIMINAL VIOL CRIMINAL MISCHIEF >$500 <$1000 (M1), CRIMINAL VIOL DOMESTIC 1 VIOLENCE, CRIMINAL VIOL: OBSTRUCTION OF TELEPHONE OR TELEGRAPH SERVICE, CRIMINAL VIOL - CHILD ABUSE (M2), CRIMINAL VIOL CHILD ABUSE (M2) Date Reported 2/11/2022 CITATION. CHARGES NUMBER Date Reported 2/10/2022 CITATION CHARGES NUMBER Date Reported 2/11/2022 CITATION CHARGES NUMBER Date Reported 2/20/2022 CITATION CHARGES NUMBER Date Reported 2/24/2022 CITATION CHARGES NUMBER Issuing Officer GILBERTO, JACOB Count C32154 CRIMINAL VIOL CRUELTY TO ANIMALS, CRIMINAL VIOL CRUELTY TO ANIMALS Issuing Officer AYBAR, HAKAN Count! 1 Count 1 C32450 CRIMINAL VIOL DOG NOT UNDER CONTROL Issuing Officer FROST,THOMAS C31465 CRIMINAL VIOL DOG NOT UNDER CONTROL Issuing Officer GALLEGOS, MATTHEW Count C32148 CRIMINAL VIOL: DOG NOT UNDER CONTROL Issuing Officer WEST, MARC Counti C32153 CRIMINAL VIOL DOMESTIC VIOLENCE, CRIMINAL VIOL RESISTING ARREST, CRIMINAL VIOL - MENACING (PLACED ONTHER PERSON IN FEAR) 03/02/2022 13:34 Date Reported 2/1/2022 CITATION CHARGES NUMBER Issuing Officer AYBAR, HAKAN Count C32146 CRIMINAL VIOL- DROVE VEHICLE DUI ALCOHOL/DRUGS/OR BOTH, CRIMINAL VIOL DROVE VEHICLE W/BLOOD ALCOHOL CONTENT 0.08 PER SE, TRAFFIC VIOL-STATUTE MOTOR VEHICLE NOT EQUIPPED W/HEAD LAMPS AS REGUIRED Date Reported 2/11/2022 CITATION CHARGES NUMBER Date Reported 2/24/2022 CITATION CHARGES NUMBER Date Reported 2/15/2022 CITATION CHARGES NUMBER Date Reported 2/13/2022 CITATION CHARGES NUMBER Date Reported 2/25/2022 CITATION CHARGES NUMBER Date Reported 2/28/2022 CITATION CHARGES NUMBER Date Reported 2/1/2022 CITATION CHARGES NUMBER Date Reported 2/1/2022 CITATION CHARGES NUMBER 03/02/2022 13:34 Issuing Officer WEST, MARC Count 1 C32453 CRIMINAL VIOL - FALSE REPORTING TO AUTHORITIES Issuing Officer FROST,THOMAS Count C31464 CRIMINAL VIOL HARASSMENT STRIKE, SHOVE, KICK (M3) Issuing Officer GALLEGOS, MATTHEW Count C32062 CRIMINAL VIOL - MENACING (PLACED ONTHER PERSON IN FEAR w/ WEAPON), CRIMINAL 1 VIOL- DISORDERLY CONDUCT Issuing Officer HILL, BRYAN Count C32063 CRIMINAL VIOL POSSESSION OF DRUG PARAPHERNALIA Issuing Officer HILL, BRYAN Count 1 C31537 NON-CRIM ORDINANCE VIOL - VICIOUS ANIMALS PROHIBITED Issuing Officer GOTHARD, PATRICK Count, 1 C32143 TRAFFIC VIOL-ORDINANCE SPEEDING- Issuing Officer WEST, MARC Count C32165 TRAFFIC MIOL-ORDINANCE SPEEDING- Issuing Officer AYBAR, HAKAN Count C32152 TRAFFIC VIOL-ORDINANCE SPEEDING- Date Reported 2/1/2022 CITATION CHARGES NUMBER Date Reported 2/8/2022 CITATION CHARGES NUMBER Date Reported 2/13/2022 CITATION CHARGES NUMBER Date Reported 2/13/2022 CITATION CHARGES NUMBER Date Reported 2/26/2022 CITATION CHARGES NUMBER Date Reported 2/6/2022 CITATION, CHARGES NUMBER Date Reported 2/15/2022 CITATION CHARGES NUMBER Date Reported 2/17/2022 CITATION CHARGES NUMBER Date Reported 2/18/2022 CITATION CHARGES NUMBER Issuing Officer AYBAR, HAKAN Count C32145 TRAFFIC VIOL-ORDINANCE - SPEEDING- Issuing Officer WEST, MARC Count C32096 TRAFFIC VIOL-ORDINANCE SPEEDING- Issuing Officer GILBERTO,JACOB Count 1 C32097 TRAFFIC VIOL-ORDINANCE: SPEEDING- Issuing Officer GILBERTO,JACOB Count 1 C32098 TRAFFIC VIOL-ORDINANCE SPEEDING- Issuing Officer GILBERTO, JACOB Count C32355 TRAFFIC VIOL-ORDINANCE SPEEDING LIMITS Issuing Officer GUTTRIDGE, KOLTAN Count C32155 TRAFFIC VIOL-ORDINANCE SPEEDING LIMITS Issuing Officer AYBAR, HAKAN Count 1 C32164 TRAFFIC VIOL-ORDINANCE - SPEEDING LIMITS Issuing Officer AYBAR, HAKAN Count 1 C32147 TRAFFIC VIOL-ORDINANCE SPEEDING LIMITS Issuing Officer WEST, MARC Count C32156 TRAFFIC VIOL-ORDINANCE - SPEEDING LIMITS 03/02/2022 13:34 Date Reported 2/27/2022 CITATION CHARGES NUMBER Date Reported 2/18/2022 CITATION CHARGES NUMBER Issuing Officer AYBAR, HAKAN Count C32452 TRAFFIC VIOL-STATUTE DISPLAYED EXPIRED NUMBER PLATES, TRAFFIC VIOL-STATUTE- FAILED1 TO PRESENT EVIDENCE OF INSURANCE ON REQUEST Issuing Officer FROST,THOMAS Count 1 C32065 TRAFFIC VIOL-STATUTE DROVE MOTONOFFHIGHWAD VEHICLE WHEN LICENSE DENIED Date Reported 2/26/2022 CITATION CHARGES NUMBER Date Reported 2/26/2022 CITATION CHARGES NUMBER Issuing Officer HILL, BRYAN Count 1 C32064 TRAFFIC VIOL-STATUTE DROVE WOTON/OFF-HIGHWAT VEHICLE WHEN LICENSE REVOKED Issuing Officer HILL, BRYAN Count C31796 TRAFFIC VIOL-STATUTE DROVE VEHICLE W/0O VALID LICENSE, CRIMINAL VIOL DROVE VEHICLE W/BLOOD ALCOHOL CONTENT 0.08 PER: SE, TRAFFIC VIOL-STATUTE RECKLESS DRIVING Date Reported 2/24/2022 CITATION CHARGES NUMBER Issuing Officer FROST, THOMAS Count 1 C32095 TRAFFIC VIOL-STATUTE DROVE VEHICLE w/o VALID LICENSE, TRAFFIC VIOL-STATUTE- OPERATED AN UNINSURED MOTOR VEHICLE ON PUBLIC ROADWAY, TRAFFIC VIOL- STATUTE DPLAYPOSSESS/SALE/FICTITIOUS - TITLE/PLATE/VALID TAB Date Reported 2/12/2022 CITATION CHARGES NUMBER Issuing Officer GILBERTO, JACOB Count 1 C32144 TRAFFIC VIOL-STATUTE DROVE VEHICLE W/O VALID LICENSE, TRAFFIC VIOL-STATUTE SPEEDNG > 25-39 MPH OVER PRIMA FACIE LIMIT, TRAFFIC VIOL-STATUTE PRESENT EVIDENCE OF INSURANCE ON REQUEST, TRAFFIC VIOL-STATUTE- FAILEDTO RECKLESS DRIVING Date Reported 2/6/2022 CITATION CHARGES NUMBER Issuing Officer WEST, MARC Count 1 C32354 TRAFFIC VIOL-STATUTE SPEEDING > 10-19 MPH OVER PRIMA FACIE LIMIT, TRAFFIC VIOL-STATUTE FAILED TO PRESENT EVIDENCE OF INSURANCE ON VIOL-STATUTE - DISPLAYED EXPIRED NUMBER PLATES TRAFFIC REQUEST, Date Reported 2/4/2022 CITATION! CHARGES NUMBER 03/02/2022 13:34 Issuing Officer GUTTRIDGE, KOLTAN Count C31798 TRAFFIC VIOL-STATUTE SPEEDING > 10-19 MPH OVER PRIMA FACIE LIMIT, TRAFFIC VIOL-STATUTE FAILED TO PRESENT EVIDENCE OF: INSURANCE ON REQUEST, TRAFFIC VIOL-STATUTE - DISPLAYED EXPIRED NUMBER PLATES Date Reported 2/9/2022 Issuing Officer FROST, THOMAS 03/02/2022 13:34 February 2022 Municipal Code/Traffic Citations and Reports Hours worked for Detectives and patrol Detective Hours: 4 Patrol Hours: 37.5 6o > 888 3 888 00 8888888888 d0 a 0 DE 88-8888 9 0 9000 u - / : 8088 :0 : 5.0 888 d0 des 3 60000 m 0000 358 0o 88 C 883888 a B Dolores, Colorado) KAL Pou Dolores Colorado To: From: Dt: RE: MAYORAND TRUSTEES Ken Charles, Dolores Town Manager Meeting Information Update March 14, 2022 Monday/s Town Board Meeting On the agenda for our regular meeting Monday March 14th: On our agenda is a resolution to award a contract to SGM Engineers for engineering services for providing 30 percent design services for replacement of water pipeline asi identified in the 2018 Water and Sewer Master Plan and for evaluation of tank sites for a proposed The grant application to the State Historical Fund for the Exon building was unsuccessful. The applicant is requesting the town resubmit the application. Shirley Powell and the applicant are addressing the weaknesses identified by the SHF staff. Shirley Powell will present later in the As requested, Jon Kelly will be presenting options for the preservation of the recently annexed Lastly, the treasurer andI Ihave identified the possible sources of funding that could be used for new/additional water storage tank. agenda. and acquired town properties. the Flanders Park restroom. General Updates The CDPHE Vaccine Bus will bei in JRP on the following Fridays 9:00 am to 1:00pm: April 1 Iattended an exercise develop by the county emergency management department where a simulated emergency was used as a training tool. The simulation was a wildfire that threatened the town ofDolores. These exercises are: meant to get the various players in a room, in this case the County Emergency Operations Center that is in the Sheriff'sb building, to work together during the response to this wildfire. Participating where the Dolores FPD and the Sheriff, EMS, Public Health, various trained county staffi in different roles such Logistics, Public The emphasis was spent on response to the fire and preparing to evacuate beginning with the "get ready" alert and progressing to' "get set and go". We discussed various methods to inform the community such as the warning sirens, social media, websites, Nixle, which is ai form of and 22, May 13, June 10 and at the Farmers Market on June 15. Information, the county emergency manager, thei town of Dolores. 420 Central Ave, POE Box 6301 Dolores, CO. 81323 Ph. 970-882-7720: fax. 970-882-7466 https! oymoblbonscolomdogos Dolores, Colorado) FE E0O reverse 911calls, and person toj person that would include the sheriff's deputies. WE discussed how to reach those without a computer or might not receive al Nixle alert such as the elderly or those with special needs. Wet think between the fire district and the town we can develop al list. Staffis preparing for town roles during a response to an emergency and this includes public information, communicating with elected officials, water for firefighting, assisting with the The sheriff would decide an evacuation route; the evacuation center would be at the Cortez This leads into the status of the town's s grant application for new sirens. DHSEM responded that they have funds available, but it would require a greater match. The fire district and sheriff have agreed toi increase their match to $10,000 each and the town has $10,0001 budgeted. The new cost share would be $29,640.45 and FEMA's will be $37,387.55 for a project total amount The town continues to post the town survey on various websites. We. are now preparing a mailing to residents, with a self-addressed, stamped return envelope included. We are continuing to have conversations with Amber Lansing and Good Samaritan's of Cortez Included in the packet is letter from Governor Polis. Staff will present on the cyber security evacuation. High School. of $67,028.00. regarding building a community garden in JRP. concerns. Upcoming Events March 14 and 28th-town board meetings March 10-Parks Committee meeting April 5-town election There will: not be a planning commission meeting in March Restroom grant to CDOT duel by the last Wednesday of each month 420 Central Ave, POBox 6301 Dolores, CO. 81323 Ph. 970-882-7720: fax. 970-882-7466 htps//lowmordolores.colondo.gov COLORADO 55 GovernorJared Polis March 8, 2022 Dear Community Leaders, Colorado stands with Ukraine in their fight to protect democracy and freedom. We are committed to doing our part to strongly penalize Putin's extreme aggression. By the nature of your role, your continued success in providing Colorado cybersecurity during the geopolitical tensions between Ukraine and Russia is more important than ever. My administration has taken swift actions, directed agencies to review relevant State contracts to determine if any are with Russian state-owned companies directly or as subcontractor and directed state agencies to work to terminate such contracts if Russian state-owned companies are found to be contractors or subcontractors and ensure that future procurement efforts analyze any possible connections with Russian state-owned companies. Iwas pleased to see Colorado PERA quickly divested $7.2M from a Russian bank and the Governor urges the complete divestiture of the PERA Trust Fund from any and all Russian state-owned institutions. Ihave urged institutions of higher education to examine divestiture lalso directed the Office of New Americans to support Ukrainian-born Coloradans and embrace those who are fleeing this conflict and Colorado is also severing diplomatic ties with Be assured, we are aggressively pursuing other steps to hold Putin and Russia accountable for their actions against democracy and freedom. Our administration is also working to identify and focus resources on protecting the state's critical infrastructure from Russian cyber- attacks or misinformation efforts. Therefore, we want to highlight for you the messages that are prevalent today regarding the nature of being protected and safe regarding your The Cybersecurity & Infrastructure Security Agency (CISA) within the Federal Department of Homeland Security has several important resources for you to take advantage of to keep your systems safe from intrusion that could put Coloradans at risk. These include: from Russian owned assets. Russia and are no longer recognizing the consular mission. online/cyber hygiene during these challenging times. The Shields Up program provides excellent guidance to organizations on cybersecurity, The CISA Insights website gives detailed intelligence on the threats that exist, nttps//www.c5sa.goV/shields-up https//www.Cisa.gov/insights CISA's Catalog of their services is also an important resource, Pds.swielateeatlw The Center for Internet Security provides excellent resources, Other cybersecurity resources include: (CISecurity.org) Comsayalronlne.or) resources to K-12 and adults, atpyIGper.center.or) AstCPtApkcmPetLoN The National Cyber Security Alliance provides insights for businesses and individuals, The National CyberSecurity Center provides educational and other cybersecurity STOP. THINK. CONNECT." Campaign website provides homes, schools, workplaces, and businesses with ways to put cybersecurity knowledge into practice, In addition to those resources, it is important to spread the message that everyone should lower their threshold of reporting suspicious online activity. Intrusions, attempted intrusion, phishing efforts, suspicious links, etc. should all be reported to the Colorado Information Analysis Center (CIAC) at 877-509-2422 (available 24 hours/day) or online at https://ciacco.org/ then submit a Community Member Suspicious Activity Report. If you believe that you are experiencing an active cyber intrusion, data breach, or ransomware event please also report to the FBI Internet Crime Complaint Center at ttps://www.ics.IC.goV/Home/FileComplaint and CISA Central 888-282-0970 or RpRcETSVSNTe Finally, we also want help to amplify this message as widely as possible and share with your partners that now is the time to update the security of your online systems and accounts. Change passwords to strong passwords and turn on TWO-Factor authentication. Now is the time to protect, defend, and report against suspicious online activity for yourselves and those within your circles. Thank you for helping to keep Colorado Safe. Sincerely, Gp Jared Polis Governor State of Colorado POTENTIAL ITEMS TO REALLOCATE FROM THE: 2022 BUDGET: IN ORDER TO FUND THE. ADDITIONAL, EXPENSE OF THE FLANDERS BATHROOM March 8, 2022 Existing Funds Programmed that may be used in 2022 for the Flanders Bathroom: Parks 10-452-709 Flanders Restroom $10,000 Funds to Cut: Parks 10-452-615 Bear Containers $8,000 10-452-708 Pavilion Repair $5,000 10-452-900 JRP Master Plan $15,000 10-452-708 Community Garden $2,500 (Water line that will not be needed) $30,500 total Funds to Cut: General & Streets 10-415-650 Contributions $5,000 (Special Projects) 10-419-321 Tree trimming $3,500 10-415-325 Administrative Consulting $7,500 10-419-611 Town Hall Building Maintenance $10,000 (reduced from $14,000) 10-415-320 Administrative Education $2,000 (reduced from $5,000) 10-415-675 Land Surveyor Costs $2,500 (reduced from $5,000) 20-431-701 Collaborative Sidewalk/Curb& Gutter $4,000 (reduced from $8,000) $34,500 total Grand Total Funds to reallocate - $65,000 Programmed Project Amount- Flanders Bathroom -$ $10,000 Possible alternative source-American Recovery Act dedicated to the town of] Dolores. DISTRICT COURT, DOUGLAS COUNTY, COLORADO 4000 Justice Way Castle Rock, Colorado 80109 (720) 437-6200 DATE FILED: March 9, 20223:14PM CASE NUMBER: 2022CV30071 Plaintiff: ROBERT C. MARSHALL, V. ACOURT USE ONLYA Case Number: 2022CV30071 Defendants: DOUGLAS COUNTY BOARD OF EDUCATION; MICHAEL PETERSON, REBECCA MYERS, KAYLEE WINEGAR and CHRISTY WILLIAMS, in their official capacities as members thereof. Division: 5 ORDER RE: PLAINTIFFS MOTION FOR. A PRELIMINARY INJUNCTION THIS MATTER came before the court on February 25, 2022 for al hearing on Plaintiff's Motion for. Preliminary. Injunction Prohibiting Further Violations oft the Colorado Open Meetings Law (hereafter "Motion"). At the conclusion of the hearing the court took its ruling under advisement. Now having considered the testimony oft the witnesses, the exhibits, the statements of counsel and the applicable law, the court: finds and orders as follows: STATEMENT OF THE CASE Plaintiff] Robert C. Marshall (hereafter "Marshall") is ai resident of] Douglas County, Colorado. Defendant Douglas County Board of] Education (hereafter "BOE") is a local public body subject to the provisions of the Colorado Open Meetings Law, $ 24-6-401, et seq. (hereafter "COML"). - Michael Peterson (hereafter "Peterson"), Rebecca Myers (hereafter "Myers"), Kaylee Winegar (hereafter Winegar") and Christy Williams (hereafter Wlamcolectively Individual Defendants") are four of the seven: members oft the BOE. Marshall filed a Complaint? alleging the four Individual Defendants engaged in activity that violated the COMLI by discussing and deciding to terminate the employment of Corey Wise (hereafter "Wise"), superintendent oft the Douglas County School District (hereafter "DCSD"), outside aj public meeting oft the BOE. The Complaint alleges three claims for relief: 1) Declaratory Relief for Past Violations of the Colorado Open Meetings Law; 2) Injunctive Relief 1The Open Meetings Lawi is part oft the" "Colorado Sunshine Act of 1972,'924-6-101, ets seq. 2 The original complaint was: superseded bya al First. Amended Verified Complaint. 1 Barring Further Violations of the Colorado Open Meetings Law; 3) A Declaration that the Decision to Terminate the Employment of Superintendent Wisei is Null and Void. Marshall also filed the Motion which is at issue here in which he requests aj preliminary injunction prohibiting the Defendants from further violating the COML by engaging in discussion of public business by three or more members of the BOE through a series of gatherings by less than three members at a time. LEGALSTANDARD The declaration of policy which prefaces the COML provides: Iti is declared to be ai matter of state wide concern and the policy oft this state that the formation of public policy is public business and may not be conducted in secret. $24-6- 401,C.R.S. The COML goes on to state: All meetings ofa quorum or three or more members of any local public body, whichever is fewer, at which any public business is discussed or at which any formal action may be taken are declared tol be public meetings open to the public at all times. 524-6-402(2)(), C.R.S. "Meetings" are defined as: [A]ny kind of gathering, convened to discuss public business, in person, by telephone, electronically, or by other means of communication. $ 24-6-402 (I)(b), C.R.S. In discussing the purpose oft the COML, the Colorado Court of Appeals has observed that it affords the public access to a broad range ofmeetings at which public business is considered; it gives citizens an expanded opportunity to become fullyi informed on issues of public importance; and it allows citizens to participate in the legislative decision-making process that affects their personal interests. Walsenburg Sand & Gravel Co., Inc. V. City Council of Walsenburg, 160 P.3d 297, 299 (Colo. App. 2007). The COML has a broad enforcement provision and provides that, Any person denied or threatened with denial of any ofthe rights that are conferred on the public by this part 4 has suffered an injury in fact and, therefore, has standing to challenge the violation oft this part 4." $24-6-402(9)(a). Preliminary injunctive reliefi is an extraordinary remedy designed to protect aj plaintiff from irreparable injury and preserve the court's power to render ai meaningful decision following a trial on the merits. Rathke V. MacFarlane, 648 P.2d 648, 651 (Colo. 1982). 2 Inc order to obtain aj preliminary injunction, the moving party must demonstrate: 1)a reasonable probability of success on the merits; 2) a danger ofr real, immediate, and irreparable injury which may be prevented byi injunctive relief; 3) that there is no plain, speedy, and adequate remedy at law; 4) that granting aj preliminary injunction will not disserve the public interest; 5) that the balance of equities favors the injunction; and 6) that the injunction will preserve the status quo pending a trial on the: merits. Id. at pp. 653-54. ANALYSIS Reasonable. Probability of Success The first criteria for a preliminary injunction requires aj plaintiff to establish ai reasonable probability of success on the merits. Here the evidence demonstrates that, separately from a public meeting, the Individual Defendants engaged in discussions among themselves and reached agreement that Wise should not continue as thel DCSD superintendent, Without notifying the threel board members not named as Individual Defendants, Peterson and Williams then met with Wise and presented him with alternatives regarding his departure, either that he could do sO voluntarily or he would bei terminated. When he refused to leave voluntarily, he was terminated at a public meeting held on February 4, 2022. At that meeting, the four Individual Defendants voted in favor of discharge and the other three members of the BOE voted against it. Marshall does not contend that three or: more: members oft the board met at one time, discussed discharge, and reached an agreement to terminate Wise, but instead he argues that the four Individual Defendants engaged in these activities serially, two members at a time, in order to avoid the three member prohibition of S 24-6-402/2)b). Defendants contend that because no more than two members at a time met and communicated about these issues, they complied with the law. There is al lack of appellate decisions in Colorado regarding whether serial communications violate the COML. Other states, however, have addressed this issue. In Right to. Know Committee V. Cily Council, Cily and County ofHonolulu, 175 P.3d 111,122 (Hawaii App. 2007) the court held that when city council members engaged in a series of one-on-one conversations relating to an item of Council business, the spirit oft the open meeting requirement was circumvented and the strong, policy ofhaving public bodies deliberate and decide business in view oft the public is thwarted and frustrated. Colorado's open meeting law is similar to that ofH Hawaii and, in support ofi its decision in Right to. Know Committee, the Hawaii court cited a number of decisions from states with similar laws. State ex: rel. Cincinnati. Post V. City of Cincinnati, 76 Ohio. St. 3d: 540, 544, 668 N.E.2d 903, 906(1996)(The Ohio Sunshine law cannot be circumvented by scheduling back-to-back meetings which, taken together are attended by a majority ofa a public body.); Booth. Newspapers, Inc. V. Wyoming City Council, 1681 Mich. App. 459, 471, 425N.W.2d6 695, 700 (1988)(Open Meetings Act was violated where council members met privately in separate meetings because 3 total number of participating members constituted a quorum even though less than a quorum participated in each meeting.); Del Papa V. Bd. ofRegents of the University and Community College System of Nevada, 114 Nev. 388, 400, 956P.2d770, 778 (1998)(holding that serial electronic communications used to deliberate toward a decision violated open meetings law and "if a quorum is present ori is gathered by serial electronic communications, the body must deliberate and actually vote on the matter at a public meeting"); Stockton Newspapers, Inc. V. Members of the Redev. Agency ofStockton, 171 Cal. App. 3d9 95, 98, 214 Cal. Rptr. 561, 562 (1985)(a series of telephone contacts constitutes a meeting within California's public mecting law and "the concept of 'meeting' under the [California open meeting law] comprehends informal sessions at which a legislative body commits itselfcollectively to aj particular future decision concerning the public business"); Blaclford V. Sch. Bd. of Orange County, 375 So.2d 578, 580 (Fla. Dist. Ct. App. 1979)(holding that "the scheduling of six sessions of secret discussions, repetitive in content, in rapid-fire seriatim and ofs such obvious official portent, resulted in six de facto: meetings by two or more members oft the board at which official action was taken," : and "Ta]s a consequence, the discussions were in contravention oft the Sunshine Law"); Sacramento Newspaper Guild V. Sacramento County Bd. of Supervisors, 263 Cal. App. 2d41, 50, 69 Cal. Rptr. 480, 487(1968)C"An informal conference or caucus permits crystallization of secret decisions to aj point just short of ceremonial acceptance. There is rarely any purpose in ai nonpublic pre-meeting conference except to conduct some part oft the decisional process behind closed doors. Only by embracing the collective inquiry and discussion stages, as well as the ultimate step of official action, can an open meeting regulation frustrate these evasive devices").3 These decisions are consistent with the position that Colorado has taken with regard to the conduct of public business. The COML declaration of policy provides that even' "the formulation of public policy...may not be conducted in secret." S 24-6-401(emphasis supplied). And, meetings regarding public business must bej public not only when decisions are: made, but also in situations where "public business is discussed." $ 24-64022X0/tmphasis supplied). Statutes such as the COML are to be interpreted most favorably to protect the ultimate beneficiary, the public. Cole V. State, 673 P.2d3 345, 349 (Colo. 1983). Circumventing the Plaintiff has provided the court with several other authorities in support oft this position that the court finds instructive. Harris V. City of Fort Smith, 197 S.W.3d4 461, 467 (Ark. 2004)("ani informal meeting subject tot the lopen meetings law) was! held! by way of" one-on-one meetings); Wood v. Battle Ground: Sch. Dist., 27P.3d: 1208, 1216 (Wash. Ct. App. 2001)("the! [Open Public Meetings Act] does not require the contemporaneous physical presence oft ther members tot trigger its provisions" and concluding that a primaj facie case ofa meeting bye e-mail was established when a quorum ofs school board members "exchanged mail (e-mail) messages about Board business"); Handy V. Lane County, 362 P.3d 867, 881 (Or. Ct. App. 2015), aff'di in part on other grounds, 385 P.3d: 1016 (Or. 2016)("the Public Meetings Law..contemplates something more than just a contemporaneous: gathering ofa quorum. Aseries of discussions may riset tot the! level of prohibited deliberation' or 'decision'; the determinative factors are whether a sufficient number of officials are involved, what they discuss, andt the purpose for which they discuss it-noti thet time, place and manner of their communications." 4 statute by a series of private one-on-one meetings at which public business is discussed and/or decisions reached is a violation of the purpose oft the statute, notj just its spirit. The hiring and firing of a school district's superintendent is clearly ai matter of public business. Itis a subject that can generate strong feelings and iti is a matter on which the public can expect to be fullyinformed. Discussion by members of the BOE, let alone ultimate decisions on this subject should be conducted at meetings open to the public. The evidence indicates that four members oft the board collectively committed, outside of public meetings, to the termination ofWise's employment. That decision was then formalized at an official meeting on February 4th. The fact that no public comment was permitted at the February 4th meeting is additional evidence oft the Individual Defendants' commitment tot their course of action. Marshall has shown ai reasonable probability ofs success on the merits, namely that a series of private meetings took place between various combinations oft the Individual Defendants and that they reached and communicated agreement regarding Wise's termination. Marshall has, therefore, met the first requirement for a preliminary injunction. Danger of Real, Immediate and Irreparable Injury The COML acknowledges that the denial or threatened denial oft the rights conferred by it on thej public constitutes an injury in fact. $24-6-402/9)a). As discussed above, Marshall has shown a reasonable probability of success on the merits and since even at threatened denial constitutes an injury, Marshall has met this criteria for a preliminary injunction. No Plain, Speedy and. Adequate Remedy at Law Once again, the COML provides guidance on this requirement. Colorado courts have jurisdiction to issue injunctions "to enforce the purposes of this section upon the application by any citizen of this state." $24-6-402/9)6). Aj proceeding under this statue. implicates the interests of the general public and not just the interests of the person bringing the action. Injunctive reliefrather than money damages is the only practical remedy for a violation. No Disservice to the Public. Interest The statute furthers transparency in the conduct of public decision making. The legislature! has determined that the formation of public policy may not be conducted in secret, therefore, the granting of aj preliminary injunction that requires discussion and decision making to occur atj public meetings would: not disserve the public interest. The. Balance of Equities Favors an. Injunction The Defendants suggest this criteria disfavors the requested injunction. They argue that thel Board has a strong interest in conducting operations without ongoingjudicial supervision and apreliminary injunction would hamper their ability to react quickly to changed circumstances. 5 The court has no interest in engaging in ongoing supervision oft the BOE. The preliminary injunction requested here does noti imply such supervision. The requested reliefis that the board do what the statute requires. To the extent that statutory compliance results in an inability to react quickly to changed circumstances, that is not the fault of thei injunction. Instead iti is the natural outcome ofa al law that circumscribes governmental decision making and insures that decisions on public matters be made in the open and not behind closed doors. The BOE is the governing body oft the DCSD, it is composed ofs seven members who have ai responsibility to work together in the public business of providing educational services in Douglas County and to do sO in a Way that enables the public to view the process. For the reasons discussed above, the court finds that the equities favor the preliminary injunction. Preservation ofthe Status Quo Pending a Trial on the Merits Itist unclear whether there has been aj past practice of conducting a series of one-on-one ort two-on-one meetings that involved board members and the superintendent, followed by communicating the discussions to absent board members at similar meetings. The possibility of a"status quo" that involved an improper practice designed to circumvent the COML, however, does not argue against a preliminary injunction which is consistent with practices required by statute. The court finds that aj preliminary injunction would preserve the status quo pending a trial on the merits. CONCLUSION The Court finds that the criteria for issuance ofaj preliminary injunction has been met. The Defendants are enjoined from engaging in discussions of public business or taking formal action by three or more members oft the BOE either as a group or through a series of meetings by less than three members at ai time, except in public meetings open to the public. This order does not preclude the BOE from conducting executive sessions as permitted by statue. The Motion is GRANTED as set forth below. DONE AND SIGNED this gth day ofl March, 2022. KKL Jeffrey K. Holmes, District Court. Judge 6 3e TREASURERS REPORT TOWN OF DOLORES MARCH9,2022 Petty Cash Hi-Fi Savings Account Checking Account Conservation Trust Fund ColoTrust Bonds Business Account (AFLAC) Regular Savings Account Playground Account/Donatic $300.00 $1,067,293.52 $77,413.92 $14,628.49 $859,607.55 $558,000.70 $3,426.97 $5,208.33 $3,245.33 $2,589,124.81 TOTAL HINDEK) Dolores, Colorado) Esfe 1o0 Meeting Date: March 14, 2022 AGENDA DOCUMENTATION FROM: KEN CHARLES INTERIMTOWN MANAGER Discussion and Possible. Action ITEM TO: TOWN OF DOLORES MAYOR &TRUSTEES SUBJECT: DISCUSSION AND POSSIBLE ACTION CONCERNING RESOLUTION 473 SERIES 2022. APPROVING THE AGREEMENT WITH SGM-INC TO PROVIDE ENGINEERING SERVICES FOR PROVIDING 30 PERCENT DESIGN FOR PHASE2OF THE WATER DISTRIBUTION PLAN AND TO IDENTIFY SITES FOR. A NEW WATER STORAGE TANK BASED ON HYRDAULIC MODELING ALTERNATIVES. PURPOSE AND BACKGROUND The proposed project is Phase 2 of a 6-phase water distribution system replacement project. A 20-year Capital Improvement Plan (CIP) was completed for the Town of] Dolores in 2018. The CIP report concluded that the most significant infrastructure expenditure facing the Town is The Town' s water distribution system was originally constructed in the 1960's and 1970's. The distribution system is composed of 4-inch diameter ductile iron pipe. Table 1 shows a summary oft the water line lengths by diameter, along with a summary of other water system appurtenances. Overall, the Town'st transmission and distribution pipelines are presently in serviceable condition, but are nearing the end of their service life, are undersized to meet fire flows, and in some locations, are at an inadequate burial depth to prevent freezing. Town staff regularly replace water system infrastructure and perform routine maintenance on accessible and/or above ground appurtenances. The Town has historically observed water main breaks in the: fall and spring, associated with extreme freezing events absent protective snow cover. Town stafft typically complete their own pipeline repair projects and replace pipe with 8-inch diameter C-900 PVC pipe materials, which conforms to modern design The CIP report recommended that the Town institute a replacement program to continually replace aging and undersized distribution infrastructure over the next 20 years. This is an ambitious pace and a greater scope of work than can be performed by the Town Staff. The CIP report recommended a 6- phase distribution replacement program (Fig. 1). Phasing starts on the west side ofTown and continues east. Each phase requires replacement of the water distribution mains, service lines, fire hydrants and all appurtenances to a specific geographic block. This phasing pattern incorporates input from Town Phase 1 of the water distribution replacement project was completed in 2020. Phase 1 consisted of replacement of 1,200 feet of water main, 18 valves, and 17 services at 10 separate intersections that cross State Highway 145. There was an urgency to replace the waterlines with standard open trench aging and undersized infrastructure ini the water distribution system. standards. Staff. methods across the highway before a planned roadway overlay project. 420 Central Ave, POI Box 6301 Dolores. CO.81323 Ph. 970-882-7720: fax. 970-882-7466 psmstbessemhsw Dolores, Colorado) FE 100 FISCAL IMPACT to cover the other half. RECOMMENDATIONS The town has budgeted $25,000 for half the cost of the project. DOLA has awarded the town $24,833 Itis the recommendation of thet town manager and public works director that the mayor and trustees support and approve Resolution 473 approving the agreement with the SGM-Inc contingent on the ton receiving the executed grant contract. Attachments: SGM proposal 420 Central Ave, POE Box 6301 Dolores, CO. 81323 Ph. 970-882-7720: fax. 970-882-7466 pfismafahmsakmew Town ofDolores Resolution No R473 Series 2022 AF RESOLUTION AWARDING CONTRACT to SGMINC. FOR 30% DESIGN OF PHASE: 2 OF THE WATER DISTRIBUTION SYSTEM AND AUTHORIZING THE TOWN MANAGER TO EXECUTE A CONTRACT FOR SERVICES OF BEHALF OF THE TOWN WHEREAS, the Town ofDolores (the "Town") has the authority to enteri into contracts for WHEREAS, the Town is seeking design services for Phase 2 of the water distribution system WHEREAS the Town elects to continue using the engineering services of SGM, Inc. providing 30 percent design services for Phase 2 of the water distribution system as identified in the 2018 WHEREAS the Town finds that SGM: Inc. has the best value suited to the' Town' s situation and purposes in the amount of $49,666: for the engineering services identified in SGM Inc.'s fee WHEREAS the Town'sr responsibility will be one half of the $49,666 identified in the fee proposal ($24,833) with the remaining halft to be provided from funds awarded by DOLA for this NOW, THEREFORE, BE. IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN Section 1. The' Town Board of Trustees hereby awards the contract for design services for Phase 2 oft the water distribution system identified ini the 2018 Water and Sewer Master Plan ini the amount of $49,666, contingent upon the Colorado Department ofLocal Affairs committing to Section 2. The Town Manager is authorized to execute a contract with SGM, Inc. for said Section 3. This resolution shall become effective immediately upon its adoption by the Board of any lawful municipal purpose pursuant to C.R.S. $31-15-101; and identified in the 2018 Water and Sewer Master Plan. Water and Sewer Master Plan; proposal attached hereto as Exhibit A; and, purpose in the amount of $24,833. OF DOLORES, THAT: pay one half of the cost of services in the amount of $24,333. engineering services consistent with this resolution. Trustees. Passed, adopted and approved this 14th day of] March, 2022. THE BOARD OF TRUSTEES OF THE TOWN OF DOLORES: By: Mayor Attest: Town Clerk SGM www.sgm-inc.com DRAFT1 for Review and Comment August 23, 2021 Ken Charles Interim Town Manager Town of Dolores 420 Central Avenue Dolores, CO 81323 RE: Proposal: 30% Design of Phase 2 of the Water Distribution System Dear Ken, Thank you for the opportunity to provide engineering services for providing 30 percent design services for Phase 2 of the water distribution system as identified int the 2018 Water and Sewer Master Plan. This letter presents SGM's proposed scope and budget for the work. PROJECT BACKGROUND The 2018 Water and Sewer Master Plan report recommended that the Town of Dolores institute a replacement program to continually replace aging and undersized distribution infrastructure over the next 20 years. This is an ambitious pace and a greater scope of work than can be performed by" Town Staff. The report recommended a 6-phase distribution replacement program starting with pipe looping to eliminate dead end mains. After input from Town Staff, we decided to combine pipe looping with replacement of waterlines and all appurtenances based on geographic location. Phasing starts on the The Town completed Phase 1 of the water distribution replacement project in 2020. Phase 1 consisted of replacement of 1,200 feet of water main, 18 valves, and 17 service connections at 10 separate intersections that cross State Highway 145. Phase 1 was noti included in the 2018 Water and Sewer Master Plan report but there was an urgency to replace the waterlines with standard open trench methods west side of Town and continues east. across the highway before a planned roadway overlay project. PROPOSED SCOPE OFWORK Task 1: Project Management and schedules. SGM will communicate with the Town for collaboration. We will also manage our technical team, budget, DURANGO 555 Rivergate Lane, Suife B4-82 I Durango, CO 81301 I 970.385.2340 Ken Charles August 23, 2021 Task 2: Field Conditions Survey SGM will conduct a field conditions survey based ont the Master Plan recommendations by walking each proposed improvement with the Town utility staff to identify surface conflicts and determine the optimum alignments. Replacement of existing fire hydrants and service tap relocations will also bei identified. This work will be performed after existing utility locations have been marked via the Colorado 811 utility locate service. Task 3: Tank. 2 Siting Study SGM will identify alternative sites for a new' Water Storage Tank 2 based on hydraulic modeling alternatives. Additional design level modeling will be conducted toi identify additional sites. Current and future land use will be considered as will piping requirements, pumping requirements, associated costs, and fire flowi improvement. SGM will provide an alternatives matrix and engineers estimate of probable construction cost. Task 4: 30% Design Documents SGM will develop the 30% design (preliminary design drawings and narrative) that will include pipeline alignments, new fire hydrant locations, newi tank location, and engineers estimate of probable The base map will be prepared using existing information SGM currently has from the Highway 145 Waterline Crossings project and Montezuma County's GIS database. The design will identify implementation phasing based on anticipated future funding assuming the construction will be conducted construction cost. over multiple years. FEE PROPOSAL The table below summarizes the proposed labor and expense fees for the services described above. Task Description Labor Reimbursable Total Fees $9,084 $7,688 $14,016 $18,728 $49,666 Task 1 - Project Management (assume 4-month duration) $9,084 $0 Task 2-F Field Conditions Survey Task 3. - Tank. 2 Siting Study Task 4. - 30% Design Documents $7,688 $50 $14,016 $50 $18,728 $50 $49,516 $150 Total Fee SGM Page 12 Ken Charles August 23, 2021 Please contact me at 970-403-0952 with any questions. Sincerely, SGM CCorila Catherine Carella, PE Project Manager Attachments: Breakdown of Engineering Services Fee Estimate SGM Page I 3 N9 SRS 80 1919 6 00 1E c d9e e LE De le la Small Communities Water & Wastewater Grant Application Attachment 1: Project Summary Applicant: Town oft Dolores Date: March 12, 2021 Introduction The proposed project is Phase 2 ofa 6-phase water distribution system replacement project. A 20-year Capital Improvement Plan (CIP) was completed for the Town ofDolores in 2018. The CIP report concluded that the most significant infrastructure expenditure facing the Town is aging and undersized infrastructure in the water distribution system. Project Background The Town's water distribution system was originally constructed in the 1960's and 1970's. The distribution system is predominantly composed of 4-inch diameter ductile iron pipe. Table 1 shows a summary oft the water line lengths by diameter, along with a summary of other water system appurtenances. Overall, the Town's transmission and distribution pipelines are presently in serviceable condition, but are: nearing the end of their service life, are undersized to meet fire flows, and in some locations, are at an inadequate burial depth to prevent freezing. Town staff regularly replace water system infrastructure and perform routine maintenance on accessible and/or above ground appurtenances. The Town has historically observed water main breaks in the fall and spring, associated with extreme freezing events absent protective snow cover. Town staff typically complete their own pipeline repair projects and: replace pipe with 8-inch diameter C-900 PVC pipe materials, which conforms to modern design standards. Table 1. Town of] Dolores Water Distribution System Size 10 8 6 4 3 2 1.25 Unknown TOTAL Valves Fire Hydrants Meters Total Length 8,357 9,739 7,346 17,836 580 612 201 8,822 53,493 135 67 481 Proposed Project The CIP report recommended that the Town institute a replacement program to continually replace aging and undersized distribution infrastructure over the next 20 years. Thisi is an ambitious pace and a greater scope of work than can bej performed by the Town Staff. The CIP report recommended a 6-phase distribution replacement program (Fig. 1). Phasing starts on the west side ofTown and continues east. Each phase requires replacement oft the water distribution mains, service lines, fire hydrants and all appurtenances to a specific geographic block. This Phase 1 oft the water distribution replacement project was completed in 2020. Phase 1 consisted ofr replacement of 1,200: feet ofwater main, 18 valves, and 17: services at 10 separate intersections that cross State Highway 145. There was an urgency to replace the waterlines with standard open trench methods across the highway before aj planned roadway overlay project. phasing pattern incorporates input from Town Staff. Table 2. Town of Dolores Water Distribution Replacement Project Estimated Length of 4-inch and 6-inch Recommended Estimated Construction Cost $706,000 $2,760,000 $2,624,000 $2,320,000 $1,740,000 $1,084,000 Phase Diameter Water Main Replacement Year to Implement 2020 2023 2027 2032 2036 2039 (ft) 1,200 7,337 6,380 5,100 3,550 2,100 1 2 3 4 5 6 Note: Estimated Costs for replacement of water mains, services, hydrants, and all appurtenances were estimated as $350 per linear foot in 2020 andi increased annually by a 2.5% inflation factor. Capital Improvement Funding The projected capital needs of the proposed project exceed the Town's current ability to fund them. Obtaining additional funding from grants and/or low-interest loans is a critical component of the project. The exact timing and scope of phases will be determined based on the available funding. A more: realistic distribution replacement approach may be to replace a small percentage oft the system each year. Conclusion Safe, reliable drinking water and sufficient fire flows are critical to the area served by the Town ofDolores. The CDPHE Small Communities Water and Wastewater Grant Fund would be an invaluable resource for the Town to install Phase. 2 oftheir ongoing Water Distribution Replacement project. 19 SB3 sle a9-F-a SS8 Dolores, Colorado) EST Meeting Date: January 24, 2022 AGENDA DOCUMENTATION Discussion and Possible Action ITEM TO: TOWN OF DOLORES MAYOR &TRUSTEES FROM: KEN CHARLES INTERIM TOWN MANAGER SUBJECT: DISCUSSION AND POSSIBLE ACTION CONCERNING SUBMITTING A GRANT APPLICATION TO THE STATE HISTORICAL FUND (SHF) FOR THE PURPOSE OF MAKING BUILDING IMPROVEMENTS TO THE EXON BUILDING ON BEHALF OF KOKOPELLI BIKE AND BOARD. PURPOSE AND BACKGROUND Planning commissioner and Dolores citizen Shirley Powell has been volunteering to help property owners ofhistorical buildings to acquire SHF grant funds for physical building improvements. The SHF makes grants primarily tol local government properties, but privately owned properties are also eligible. The local The work performed by Powell and Kokopelli are: now at the place where an application can be made. So, the town board is being g asked to support the application, which is necessary ift the grant application isto government in which the building is located is required to be the applicant. proceed. The project consists of: 1.R Rework parapet walls; install coping cap 2. Install sump pit and sump pump in basement 3. Repair and restore storefront. As you see: from the material provided there are several deadlines for the application. The first competitive mini-grant deadline is February 1; the second is May 1 and the third micro-grant opportunity is ongoing but Preserving historical buildings is important to communities. Unfortunately, the town does not own any structures that are eligible for SHFS, but the town can help preserve privately owned buildings in this manner. This will be a precedent for other future projects as there are several historical buildings inl Dolores limited to a $5,000 grant.. All projects must have a: 50% match. eligible for SHF grant funds. FISCAL IMPACT Ifthe grant application is successful the town of Dolores will be the contractor with the State and will be responsible for the project. Iti is not a passthrough process. All grant funds for construction work will be the responsibility of the town. There is staff time involved including the town treasurer and manager. The applicant will provide matching funds. RECOMMENDATIONS Itis the recommendation oft the town manager that the town agree to support the grant application by agreeing to be the applicant, the grant contractor and grant manager. Attachments: Report of the Exon Mercantile Building 420 Central Ave, POI Box 6301 Dolores, CO. 81323 Ph. 970-882-7720 fax. 970-882-7466 https:!! owmaidolbvrescolondogow State Historical Fund grant proposal resubmission To-do List, 3/8/2022 Talk to Ken about resubmitting proposal - done 3/8/2022 Ken will put us on the agenda for 3/14/2022 meeting. Get SHF proposal update and request for resubmission on Town Board Agenda (Tami). Ist there any possibility of recognizing DEI or BIPOC concerns in a Town Mission Statement/ Vision? Talk to Scott about resolving / producing items on list below: Tiny Donkey - Scott conflict of interest; should Tiny Donkey work be separated Public-private partnership agreement between Town and Tiny Donkey, LLC? Clear delineation of work being done and by whom for the project. Clearly identify in the pertinent parts of the proposal. SOW, ProjectTeam, and Budget line items must align. Ask Jacob McDonald if SHF has a public- private partnership agreement template. out as an itemized contract? Town staff and volunteers Scott, Tiny Donkey Get contractor bids: Tiny Donkey Masonry work Coping Electrical work for sump pump Earth work for drainage away from building Archaeological monitoring More? Additional support letters? Competitive Mini-Grant Proposal Components and Attachments (with notes about what needs to be done based on 4 reviews of proposal submitted 2/1/2022: Competitive Mini-Grant Submission: May 1 Submission date for draft: Maximum award: $50,000 Match: 50/50 To Do Ask Jacob Proposal Body, Competitive Mini-Grant Organization and Contact Information Colorado substitute W-9 Property and Project Information Diversity, Equity, and Inclusion Project Team Any possibility of a Town Mission Statement/ : SOW, Project Team, and Budget line items must Whoi is doing what? Link team members with Need to identify potential contractors and get Possible conflict ofi interest with Scott/ / Tiny Donkey LLC. How to we clarify this (no! $$t to Vision??? Probably not. align. specific tasks. bids (for attachment) Scott for his work?). . How do we establish Scott's qualifications to do SOW, Project Team, and Budget line items must Budget estimates based on 2-decades old HSA; get current estimates (see required attachments). sOW, Project Team, and Budget line items must How will the project actually be completed- -who will be doing the identified tasks? Dot the methods comply with Dol preservation How will we verify this compliance? much oft the work. Resource Description and Significance Scope of Work and Budget align. Project Description align. standards? Urgency Preservation Plan Project Timeline Required Public Benefit, Project Promotion, and State Agreement with SHF list of conditions Attachments, Competitive Mini-Grant Signature pages - applicant organization, property owner(s), signature ofl local government official (for privately owned properties) Proof of local designation Highly Recommended Overall image (background for SHF evaluation presentation) Project images, with captions Bids or estimates Update Town's signature page OK MUST have formal bids/estimates Masonry sub-contractor Reclametal for metal coping hook up Dirt work and concrete? and roles. Old letters will: still work. Get new letters from ??? Public-private partnership agreement between Town and Tiny Donkey, LLC. Sub-contract electrical for sump pump wiring and Update based on discussions about Project Team Professional project team members' 1-page resumes Letters of support (5-7) Excerpts of most recent supporting documents OK (1999 Historic Structure Assessment) Optional Historici images (maybe including "line-of-sight" mapi from Flanders Park presentation) Mediai images, newspaper clippings, etc. (maybe including photo of Hollywood Bar fire; ask. Jim Mimiaga for suggestions?) Research-design - N.A. 3/10/22, 1:58 PM Town of Dolores Mail- Fwd: Grant Opportunity: HB-1271 Preliminary Planning & Analysis Program Gmail Kenneth Charles manager@townofdolores.com> Fwd: Grant Opportunity: HB-1271 Preliminary Planning & Analysis Program 21 messages Hill-DOLA, Andy andy.nistale.o.us To: Kenneth Charles Cc: Patrick Rondinelli - DOLA spatrick.rondinelli@state.co.us> Thu, Mar 10, 2022 at 10:47 AM Hi Ken Finally launched this program. Fast turnaround time and short window for you to apply. We don't think we can defend to bill sponsors providing predevelopment /planning money to communities that haven't adopted 3 strategies- so you'd have to have 3 qualifying strategies. Since the bill sponsors put them strategies in the statute, we don't have a lot of room to interpret with flexibility, sO you really have to show how the town meets them as written in the statute. See last page of Incentive Grant program guidelines on our webpage or see list pasted below. Call if questions- happy to discuss and think creatively. Thanks, Andy Final List of Qualifying Strategies (to be Eligible for Incentives Grants): 1. The use of vacant publicly owned real property within the local government for the development of 2. The creation of a program to subsidize or otherwise reduce local development review or fees, including but not limited to building permit fees, planning waivers, and water and sewer tap fees, for affordable 3. The creation of an expedited development review process for affordable housing aimed at households the annual income of which is at or below one hundred twenty percent of the area median income of 4. The creation of an expedited development review process for acquiring or repurposing underutilized commercial property that can be rezoned to include affordable housing units, including the preservation of 5. The establishment of a density bonus program to increase the construction of units that meet critical 6. With respect to water utility charges, the creation of processes to promote the use of sub-metering of utility charges for affordable housing projects and the creation of expertise in water utility matters 7. With respect to infrastructure, the creation of a dedicated funding source to subsidize infrastructure costs and associated fees related to publicly owned water, sanitary sewer, storm sewers, and roadways 8. Granting duplexes, triplexes, or other appropriate multi-family housing options as a use by right in 9.T The classification of a proposed affordable housing development as a use by right when it meets the 10. Authorizing accessory dwelling units as a use by right on parcels in single family zoning districts that affordable housing; housing development; households of that size in the county in which the housing is located; existing affordable housing units; housing needs in the local community; dedicated to affordable housing projects; infrastructure; single-family residential zoning districts; building density and design standards of a given zoning district; meet the safety and infrastructure capacity considerations of local governments; 11. Allowing planned unit developments with integrated affordable housing units; 12. Allowing the development of small square footage residential unit sizes; 13. Lessened minimum parking requirements for new affordable housing developments; 14, The creation of a land donation, land acquisition, or land banking program; 15. An inclusionary zoning ordinance (per CRS 29-20-104(1)); and 16. Other novel, innovative, or creative approaches to incentivize affordable housing development. Andy Hill Director, Community Development Office COLORADO Department ofL LocalA Affairs DwsonatlasiCowmment htpsalimailgoogle.ommainonk-7807.aschewrplsarchrarcdralpemiho-hmeadP.3AT728990391932650bamp-magnA3A172896039. 1/3 3/10/22, 1:58PM Town of Dolores Mail- Fwd: Grant Opportunity: HB-1271 Preliminary Planning & Analysis Program new number 303.864.7725 cell 303.864.7720 main office line 1313 Sherman St., Rm. 521, Denver, CO80203 andyhi@state.co.us I w.oacopradogowico She/Her fy E *Under the Colorado Open Records Act (CORA), all messages sent by or to me on this state-owhed e-mail account may be subject top public disclosure. Please submit all CORA requests via this link: htps/www.olorado. gov/pacific/dola/fomm/cora-request Forwarded message From: KC McFerson semoeron@saecou Date: Thu, Mar 10, 2022 at9:00A AM To: andyhi@state.c.us) Subject: Grant Opportunity: HB-1271 Preliminary Planning & Analysis Program COLORADO Department. of Loçal Affairs OLA Divisionol Local Goyemment News from the Community Development Office Grant Opportunity: Preliminary Planning & Analysis DOLA is setting aside up to approximately $250,000 from the Affordable Housing Development Incentives Grant Program to assist eligible Colorado municipalities and counties with funds to support preliminary planning and analysis work that is often needed to get an affordable housing development project ready to seek financing. Many communities and stakeholders have expressed at funding gap for this type of planning and analysis work, especially in rural areas or in small communities. Please see the attached fact sheet for more details or go to our website at htips/cdola.colorado.gov/iz/. Applications are due April 1, 2022. Eligible communities include local governments who have adopted at least three qualifying strategies as listed in HB21-1271 (see last page of We are coordinating this program with Colorado Housing & Finance Authority's Small Scale Affordable Housing Technical Assistance program, which is also available now and pre-applications are due March 25, 2022. Click here for more information. If you have any questions about DOLA's new 1271 program, please contact KC.Moferson@state.co. Program program.guidelnes). us. More Information "aysOAeNaNe-----AO.wwwA-AsNIsaeNe 2/3