Dolores, Colorado  AGENDA  TOWN OF DOLORES COLORADO BOARD OF TRUSTEES MEETING FEBRUARY1 14TH, 2022 6:301 P.M.  THEI MEETING WILLI BE HELD AT TOWN HALL 420 CENTRAL AVENUE. AI MASK WILLI BE REQUIRED.  IF YOU WISHTOATTEND VIRTUALLY, PLEASE VISITT THE TOWN WEBSITE UNDER GOVERMMENTTOWN BOARD MEETING FOR  THE ZOOMI LINK  nttps/ownotdolores.colorado.goy  1. CALLTOORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL  4. ACTION/APPROVAL OF THE AGENDA  5.IDENTIFICATION OF ACTUAL ORI 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 immyPtownoltolorescom  any time before the dated Board meeting. -ACTION/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. 7.3 Notes from the. January 17th, 2022, Board Workshop.  7.41 Proceedings.  8. REMOVED CONSENT AGENDA ITEMS:    9.SPECIAL LICENSES/PERMITS 10. STAFF REPORIS/PAESENIATONS:  (For 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 111Parks/Payground 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/COMMISIONS:  13. PUBLIC HEARINGS:  13.1 Liquor License Application: Spirits ini The Sky' Wine and Beer LLC/Connie Ryman  13.2 Ordinance 557 Series 2022 Second/Final Reading: Repealing and Reenacting Portions of the 13.30rdinance 558 Series 2022 Second/Final Reading: Annexing certain Town owned Property tot the  Dolores Land Use Code. Town and Zoning such Lands.  14. ACTION/APPROVALORDINANCES/RESOLUTIONS:  14.1 Action/Approval for Spirits in the Sky Wine & Beer LLC, ar newr retail liquor storel located at 18398 14.2 Action/Approval of the second and final reading for Ordinance 557 Series 2022, Repealing and 14.3Action/Approval of the second andi final reading for Ordinance 558 Series 2022, Annexing certain 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,  Highway 145, Dolores Colorado.  Reenacting portions of the Dolores Land Use Code. Town owned property to the Town and: Zoning such lands.  pertaining toi the OPIOD: settlement. 15. 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 resumingi in person meetings. 15.2 Discussion Community Survey and Strategic Plan.  15.3 Discussion/Possible 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:    CONSENT AGEADA  /  , /  Dolores, Colorado  AGENDA  TOWN OFI DOLORES COLORADO BOARD OF TRUSTEES MEETING JANUARY: 10", 2022 6:30P.M.  THE MEETING WILLI BE HELD ATTOWN HALL4 420 CENTRALI AVENUE. AI MASK WILLI BE REQUIRED.  IF) YOUV WISHT TO ATTEND' VIRTUALLY, PLEASE VISITT THE TOWN WEBSITE UNDER GOVERNMENT TOWN BOARD MEETING FOR  THE: ZOOM LINK  ttps/townofdolores.colorado.goy  1.0 CALLTOORDER 2.F PLEDGE OF ALLEGIANCE 3. ROLL CALL  4.ACTION/APPROVAL OF THE AGENDA  5.1 IDENTIFICATION OF ACTUAL ORI PERCEIVED CONFLICTS OF INTEREST.  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 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 ati amnyetowpocoorescon  any time before the dated Board meeting. 7.ACTION/APPROVAL OF THE CONSENT AGENDA: 7.1 Minutes from the December 13th, 2021, meeting 7.2 Proceedings for the month of December 2021. 8. REMOVED CONSENT AGENDAI ITEMS: 9. SPECIAL LICENSES/PERMITS 10. STAFFREPORTS/PRESENTATIONS:    71 2  (For the record The Clerk, Building Official, and Public Works have submitted reports to the packet).  10.1 Discussion/Action: Appointment of Municipal CourtJudge  10.2 Sheriff's Report: Sheriff Steve Nowlin 10.3 Managers Report: Manager Ken Charles 10.4 Attorney's Report: Attorney. Jon Kelly 10.5 Treasurer'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 14. ACTION/APPROVALORDINANCES/RESOLUTIONS:  11. BOARD/COMMISSIONS:  13. PUBLICI HEARINGS:  14.1 Action/Approval Resolution R466 Series 2022: A Resolution approving the IGA of participating Local Governments and Authorizing the Mayor to execute the agreement on behalf of the Town. 14.2 Action/Approval Resolution R467 Series 2022: AI Resolution designating Public Place for Posting  Public Notices in compliance with the Colorado Sunshine Act of 1972.  15. ADMINISTRATIVE BOARD BUSINESS:  15.1 Discussion/Revlew, the RFP for Joe Rowell Park  15.2 Discussion of annexation and zoning designation of Town owned property.  16. TRUSTEES REPORTS AND ACTIONS:  16.1 Comments/Discusion on Land Use Code update. 17.ITEMS FOR. JANUARY UPCOMING MEETINGS: 17.2 Board Meeting. January 24th at 6:30 p.m.  17.1 Workshop for Strategic Planning on. January 17th, 2022, at 6:30 p.m.  A. Possible Public Hearing for Spirit in the Sky Retail Liquor Store License  18. ADJOURNMENT:    Z3  /  Dolores, Colorado  Est 1900  MINUTES DOLORES COLORADO TOWN BOARD OF1 TRUSTEES JANUARY: 10", 2022 6:30P.M. SEEN ON THE TOWNS WEBSITE. ntps/townotdolores.colorado.goy  FOR THE RECORD, THE MEETING WAS HELD BOTH LIVE AND VIRTUALLY. THE RECORDING MAY BE  1.CALLTOORDER: Mayor Pro Tem Trustee Duvall "Val" Truelsen called the meeting to order at 6:30 p.m. 3.F ROLL CALL: Attending the meeting at Town Hall was Trustee Duvall "Val" Truelsen. Attending virtually: Mayor Chad Wheelus, Trustees Jennifer Stark, Tracy Murphy, Melissa Watters, Andy Lewis, and Sheila 3.1 Staff Present: Manager Ken Charles, ClerkTammy Neely, Building Official David Doudy, and Sheriff Steve Nowlin. Attending virtually: Attorney. Jon Kelly, Treasurer Tricia Gibson, and Public' Works Director 4. ACTION/APPROVAL OF THE AGENDA: Trustee Lewis moved to approve the agenda, seconded by  2. PLEDGE OF ALLEGIANCE  Wheeler.  Randy McGuire.  Trustee Wheeler. Motion carried unanimously.  5. IDENTIFICATION OF ACTUAL OR PERCEIVED CONFLICTS OF INTEREST: None given  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 thet following sources: Live at the Town Hall, virtually via ZOOM (see the Town' Website for thel link), or bys submitting your comments, via email, tot the Town Clerk attammy@townofdolores.com  any time before the dated Board meeting. No comments were made. 7-ACTION/APPROVAL OF THE CONSENT AGENDA ITEMS:    22 2  7.1 Minutes from the December 13th, 2021, meeting. 7.2Proceedingsi for the month of December 2021.  Trustee Stark oved to approve the consent agenda, seconded by Trustee Murphy. Motion was approved  unanimously.  8. REMOVED ITEMS FROM THE CONSENT AGENDA: Noi items were removed  9.SPECIAL LICENSES/PERMITS: 10. STAFF EPORISPAESENTATON: packet for Board review)  (For the record, the reports from the Clerk, Building Official, and Public Works was submitted to the 10.1 Discussion/Action: Appointment for Municipal Court. Judge. Manager Ken Charles introduced the procedure for the Board to choose the candidate of their choice. Also provided in the packet was the application and qualification documents. Manager Charles requested that the Board appoint a municipal court judge. Beth Padilla and' Will Furse introduced themselves and answered questions from the Board members. Trustee Stark moved to approve Beth Padilla as the Town of Dolores Municipal Court. Judge, 10.2 Sheriff's Report: Sheriff Steve Nowlin reported to the Board the calls for service for the month of 10.3Manager'si Report: Manager Ken Charles gave general updates on events that willl bet taking place:  seconded by Trustee Murphy. Motion passed by sixj yes votes and: 1r no.  December also provided Year end totals for 2021.  Energy Performance Contract consultant Iconergy met with: staff member to discuss their initial findings. Iconergy will be on the Agenda fort the. January 24th, 2022, meeting. The Town held two open houses on January 6th & 7th to allow members of the public to participate in a presentation on the Draft LUC, presented by Town Consultant Elizabeth Manager Charles also gave a schedule for upcoming events for the month of January, as well as 10.4 Attorney's Report: Attorney. Jon Kelly presented three options for zoning the Harris property. Option # 1 The Town designates the property as "Public" under the LUC restricting the allowed Option #3 The Town partners with a private entity for a conservation easement on the property Attorney Kelly gave examples of Towns in the State that have at least one of the options in place. He  Garvin. The LUCis available on the Towns website.  Staff Administrative projects.  uses.  Option #2 The Town adopts an ordinance restricting the use of the property.  that restricts use and development.  also discussed the advantages and disadvantages ont thet three options. 10.5Treasurer's Report: Treasurer Tricia Gibson reported on the sales tax.  11.E BOARDS/COMMISIONS:    7.2 3  11.1 Parks/Playground Advisory Board: Manager Charles presented photos of the new playground 11.2 Planning & Zoning: Linda Robinson reported a meeting has not been held since her last report.  sign.  Upcoming willl be ap publichearing on the LUC Code Draft.  12. OUTSIDE ORGANIZATIONS:  12.1 Chamber of Commerce: Director Susan Lisak updated the Board on upcoming events and 12.2 Montezuma County Commissioner Jim Candelaria reported to the Board that Montezuma County Commission met with Dolores and San Miguel County Commissioners and have discussed to move forward toj joini in part of the discussion ont the NCAA1 the National Conservation area ont thel Dolores River. He explained that the river is managed as wild and: scenic. The Counties have voiced their opinions ast to howt the area/river willl be taken care of. Commissioner Candelaria touched oni issues concerningl land use,  meetings.  and drug use int the County and surrounding areas. 13. PUBLICI HEARINGS: None scheduled 14. ACTION/APPROVAL LORDINANCES/RES/RESOLUTIONS:  14.1Action/Approval Resolution R466 Series 2022 and OMODIRAAraAmpeoaNe the OPIOD IGA of participating local governments and authorizing the mayor to execute the agreement on behalf of the Town. Trustee Murphy moved to approve Resolution R466. Series 2022 and OPIOD IGA, seconded by 14ZAttion/Approval Resolution R467 Series 2022:Ar resolution designating a public place for posting public notices in compliance with the Colorado Sunshine Act 1972. Trustee Murphy moved to approve Resolution R467 Series 2022, seconded by Trustee Lewis. Motion was approved unanimously.  Trustee Watters. The motion was approved unanimously.  15. ADMINISTRATIVE BOARD BUSINESS:  15.1 Discussion/Review, on the RFP for. Joe Rowell Park: Manager Charles introduced the RFP. The Parks/Playground Advisory Committee and Staff have been working on an RFP. The Town budgeted $15,000.00 for the plan. Manager Charles presented a scope of events to get thel RFP started. The services will be provided by a consultant team which will include but not be limited to project programming, development, and evaluation conceptual designs for the public engagement process, and final designs for JRP. The Town reserves the right to negotiate any and all elements of any Consultant proposal. A draft was prepared for Board review. Manage Charles requested the Board to allow to get the RFP out and move forward. The Board asked about discussing it with the strategic plan on January 17+h, 2022, 15.2 Discussion of Annexation and Zoning designation of Town owned Property: This was discussed  Workshop. The discussion will continue at the. January workshop on the 17th.  in the Attorney's report item 10.4. 16. TRUSTEE REPORTS AND ACTIONS:  16.1 Comments/Discusion on Land Use Code. No comments were given from the Board.  17.1 ITEMS FOR THE UPCOMING JANUARY UPCOMING MEETINGS    7,2  4  17.1 Workshop for the Strategic Planning on January 17th, 2022, at 6:30p.m. EADIOURMMENTSTUteE Truelsen adjourned the meeting at 8:40 p.m.  17.2 Board meeting. January 24th at 6:30 p.m.  Mayor Chad' Wheelus  Town Clerk Tammy Neely    73  /  Dolores, Colorado  ESt 1900  WORKSHOP TOWN OF DOLORES BOARD OF1 TRUSTEES JANUARY: 17", 20226:30P.M. SEEN ON1 THE TOWNS WEBSITE. ntps/townofdolores.colorado.goy  FOR THE RECORD, THE MEETING WAS HELD BOTH LIVE AND VIRTUALLY. THE RECORDING MAY BE  A workshopi is ani informal Board meeting. Iti is for discussion of certain events. No action is taken during the meeting. The purpose of this workshop is to discuss a Strategic Plan for the Town of Dolores. Manager Charles opened the discussion explaining the visions, goals, and objectives for the Strategic Plan. Staff has been working with DOLA/Patrick Rondinelli to develop the visions and goals, Manager Charles has developed the Objectives. It is the intent to develop a plan in steps by Objectives. Presented was a spreadsheet of objectives, concerning the Town government body. There were two speakers for the  workshop:  Paul Major of the Telluride Foundation: He touched on affordable housing and the local government involvement. Mr. Major presented slides of different types of housing that is cost Laura Lewis-Marchino executive director of the Region 9 Economic Development District of Southwest Colorado. She discussed economic, business, and community development. She  effective for low-income families.  stressed that housing is neededi for teachers, law enforcement, and retail.  The Board discussed the topics of the mission statement for thet town, affordable housing, and economic Several Trustees voiced opinions on the mission statement. Some wanted short and simple others, were stating that it should be based on the Towns events, businesses, and parks. Public participation is very  development.  important. The Board decided to more workshops to cover the Strategic Plan. Adjournment: Mayor Wheelus adjourned the workshop at 8:05 p.m.    7,3  /  Dolores, Colorado  AGENDA  TOWN OF DOLORES COLORADO BOARD OF TRUSTEES MEETING JANUARY: 24", 2022 6:30P.M. THEI MEETING WILLI BEHELDATT TOWNI HALL4 420 CENTRAL AVENUE. nttps/townotdolores.colorado.gov  IFYOUWISH1 TOI ATTEND VIRTUALIY,PLEASEV VISIT THE TOWN WEBSITE UNDER GOVERNMENT TOWNE BOARD MEETINGI FOR1 THE ZOOM LINK  1. CALLTOORDER 2. PLEDGE OF ALLEGIANCE 3.ROLLCALL  4.ACTION/APPROVAL OF THE AGENDA  5. IDENTIFICATION OF ACTUAL ORI PERCEIVED CONFLICTS OFI 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 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 athmmetomdtbolerescon  any time before the dated Board meeting. 7.SPECIALI LICENSES/PERMITS 8.STAFF REPORIS/PAESENIATONS: 8.1 Managers Report: Manager Ken Charles 8.2Attorney's Report: Attorney. Jon Kelly 9. OTHER ORGANIZATIONS:  9.1 Montezuma County Commissioner. Jim Candelaria  1Page    73  2  10. ADMINISTRATIVE BOARD BUSINESS: Avenue. A proposal of grant funds. 11. PUBLICHEARINGS: None at this time. 12. ACTION/APPROVALC OROMANCS/AESOUTONS:  10.1 Presentation/Possble Action: Shirley Powell (Historic Preservation Board) Scott Darling and Pete Eschallier (Kokopelli Bike & Board). Rehabilitation of the Exon Mercantile Building, on 315 Central  102Update/Dkscussion on Flanders Park restroom project.  12.1 Ordinance 557 Series 2022: First Reading Repealing andi reenacting portions oft the Dolores Land  Use Code.  12.2 Resolution R 468 Series 2022: Approving the contract for Municipal Judge.  12.3 Resolution R469 Series 2022: Ratifying the appointment of Trustees to the Dolores Library 12.4 Ordinance 556 Series 2022, First Reading: Annexing certain town owned property to the Town  District.  and Zoning such lands.  13. TRUSTEES REPORTS AND ACTIONS: 14.ITEMS FOR UPCOMING MEETINGS: 15.ADIOURNMENT:  2IPage    Z3  4  Dolores, Colorado kst 1000 MINUTES  TOWN OF DOLORES COLORADO BOARD OF TRUSTEES JANUARY: 24TH, 2022 6:30P.M.  FOR THE RECORD, THE MEETING WAS HELD BOTH LIVE AND VIRTUALLY.1 THE  RECORDING MAY BE SEEN ON THE TOWNS WEBSITE.  ttps/lownofdolores.colorado.gov  1. CALLTO ORDER: 2.PLEDGE OF ALLEGIANCE  3. ROLLCALL: Board Members thata attended live: Mayor Chad' Wheelus, and Trustee Duvall "Val" Truelsen. Virtual: Trustees Jennifer Stark, Tracy Murphy, Melissa Watters, Andy Lewis, and Sheila 3.1Staff Present: Attending live: Manager Ken Charles, Clerk Tammy Neely, Building Official David Doudy, Attending virtual Treasurer Tricia Gibson, and Public Works Director Randy 4. ACTION/APPROVAL OF THE AGENDA: Trustee Stark moved to approve the agenda, with the amendment of adding item 10.3 Fishing is fun proposal, seconded by Trustee Truelsen. Motion 5.1 IDENTIFICATION OF ACTUAL OR PERCIEVED CONFLICTS OF INTEREST: None stated. 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 ammyetowporoorscon any time before the dated Board meeting.  Wheeler.  McGuire.  approved unanimously.    7.3 4  6.1 Lisa Roche 104 N 7th. Addressed the Board concerning zoning P1, (pertaining to the ordinance 556/558) stating that construction should be discouraged, and that the hillside needs 6.2Joyce Porter 2229".Addressedt the Boardonannexation: oft thel Harris property. She asked that Board conserve it. She commented that construction could damage the area. She also asked 6.3 Ira "Todd" Andrews: Announced that he was running for Trustee ini the Town of Dolores. 6.4. Jerry Whited: 100 N 19th street. Thanked the Board for their work. And announced that  to be preserved for conservation.  that the Board consider the safety.  He remarked that if you do not geti involved you cannot be effective. he will be running fori the office of Mayor on the Town Board.  7SPECGALUCASIESPERMTS 8.5 STAFF REPORIS/PRESENTATIONS:  8.1Manager Report: Manager Ken Charles, reported to the Board items ofi importance: Energy Performance: Staff met with Iconergy (energy performance consultants). An energy audit was conducted and included an analysis of the towns water meters, improvement to the blower system at the Wastewater Treatment Plant, town hall, and Chamber/Board meeting, Manager Charles asked the Board for dates to meet. Mayor Wheelus asked ift there could be a workshop after a meeting. It was agreed that the Town Board meet with the Chamber of Commerce int the form of a workshop on February 28+h, Manager Charles reported on two open houses were conducted on January 6th and 7th Elections: Clerk Neely reported the final results candidates; running for Mayor will be Leigh Reeves and Jerry Whited. There will be no Trustees race as there were three candidates that petitioned: Ira "Tod" Andrews, Jeff Sand, and Mark' Youngquist. They will be filling the seats fori the outgoing Jen! Stark, Tracy Murphy, and Melissa Watters. A letter to DOLA requesting planning grant funds for the next design phase of the water system improvements. This will be for replacing and looping pipelines ini the west part of towna and locating a site ands sizing fora a new watertank." The towni is requesting a planning grant of $24,833.00 for Phase II Water System Improvements. Affordable Housing Planning Grant, the town is requesting a planning grant of $10,000.00. The town owns several properties that are suitable for affordable housing. There is a need for workforce Manager Charles also provided the Board updates on Covid-19 vaccinations, water dock  streetlights. A brief report was provided for Board review.  2022.  for citizens of the town to review the Land Use Code draft.  housing and a planning grant was budgeted for 2022.  consumption, revenue for 2021, and usage of the charging station.    13 4  8.2 Attorney's Report: Attorney Jon Kelly, addressed the Board concerning email safety and proper communication amongst Board Members. He touched on the Sunshine Laws for  communication through emails. 9.OTHER ORGANIZATIONS:  9.1 Montezuma County Commissioner: Jim Candelaria reported precinct redistricting. Currently there are eleven precincts. There will now be twelve precincts. He announced Commissioner Stevenson'sservices willl be held at the fairgrounds January 315t, 2022, 11:00am.  10. ADMINISTRATIVE BOARD BUSINESS:  10.1 Presentation/Possible Action: Scott Darling, of Kokpelli Bike and Board, and Shirley Powell of the Historical Preservation Board (HPB) introduced a grant proposal for the rehabilitation of the Exon Building located on 315 Central Avenue. He proposed a grant for funds for the rehabilitation oft the building. Shirley Powell addressed the Board concerning the eligibility of the grant. In 1999 the Board passed an ordinance and historic register. The Town would be required to apply for the grant on behalf of the historical building rehabilitation. There would be additional amenities as in tax credits, no matching costs, and benefits to residents as well. The Board would need to make a formal decision as the eligible applicant to submit a proposal toi the History Colorado/State Historical Fund in support of the exterior rehabilitation of the Exon Building. The Town will not be providing any funds. Trustee Truelsen moved to approve the Town bet the applicant fort the Exon Building Historic Grant, seconded by Trustee Murphy. Motion passed 10.2Discussion Flanders Park Restrooms: Building Official David Doudy described toi the Board the type of building and requirements for water and sewer lines for the restrooms. The building ist to be designed with little maintenance. A: scale drawing oft the proposed building was provided tot the Board. The materials that will be usedi is block, concrete, and stainless steel. Trustee Stark asked if there is way it could be used year around and also since the Town Building has solar if there was some way toi tie into that source. Manager Charles will research cost and options. The 10.3 Fishing is fun proposal: The Parks/Playground Advisory Committee discussed with the Board on the proposal to create fish habitat and river repair. AquaHab/Corey Sue Hutchinson along with the Parks/Playground Advisory Committee and Manager Charles have been working on the project, a grant called Fishing is Fun is available fori the source of funding. Chairman Kalin Grigg went through the proposal with the Board. He also talked about the possible costs of the project and equipment requirements. The projected cost is estimated at $71,000.00. The grant would be 75/25 meaning the Town would need to provide 25% of the funding. The project would start ini the year 2023. The Parks/Playground Advisory committee recommends to the Board to move ahead with the project. Manager Charles informed the Board that heavy equipment will be required. Mayor Wheelus reminded the Board that this project is an upgrade asi it has been done  unanimously.  Board directed Manager Charles to move ahead with the project.    73 3  inr recent years. Trustee Truelsen moved to approve the Fishing is Fun Grant, seconded by Trustee  Murphy. Motion was approved unanimously. 11. PUBLIC HEARINGS: no hearing was scheduled 12. ACTION/APPROVAL OF ORDINANCES/RES/RESOLUTIONS:  12.1 Ordinance 557 Series 2022: First Reading, Repealing and reenacting portions of the Dolores Land Use Code. Manager Charles introduced the ordinance as the entire LUC. There was two years of work to get the code completed. The Planning Commission is making a recommendation to forward to the Board for first reading approval. Trustee Truelsen moved to accept Ordinance. 557 Series 2022 on first reading, and to set it for Public Hearing February 14th, 12.2 Resolution R468 Series 2022: Approving the contract for Municipal Judge. Attorney Jon Kelly introduced the resolution. The Resolution is to provide a contract for Beth Padilla, the Boards choice for Municipal Judge. Attorney Kelly informed the Board the Judge serves as an independent contractor; therefore, a contract was drawn, and presented to the Board with the resolution. Trustee Murphy moved to approve Resolution R468. Series 2022, and contract for the appointment of Beth Padilla as The Town of Dolores Municipal Court. Judge, seconded by Trustee 12.3 Resolution R469 Series 2022: Ratifying the appointment of Trustees to the Dolores Library District. Manager Charles introduced the resolution. He explained that the Library District was created byi the Town Board. The Library Board of Directors has two vacancies, andi the Library Board requests the Town Board to appoint Tamara Woodbury and Beth Mitchell to replace the two outgoing members. Trustee Stark moved to approve Resolution R469. Series 2022 appointing two members to the Library District Board, seconded by Trustee Watters. Motion carried 12.40rdinance 556 Series 2022 (Ordinance 556numberwas foundi to bei incorrect, the correct number should be! 558, all supporting documents and notices were corrected fori the record). An Ordinance Annexing Certain Town owned property to the Town and zoning such land. Manager Charles introduced the need for the annexation. The Town of Dolores over the years acquired much of the Hillside properties and owns from north of the water dock east above 18th street. Some of the parcels are located out of the city limits. In 2021 the Town acquired the Harris property which is a 37-acre parcel. The parcels and descriptions are as follows: LEGAL DESCRIPTIONS- - Tracts to be incorporated into the Town of Dolores town limits  2022, seconded by Trustee Lewis, Motion carried unanimously.  Watters. Motion carried unanimously.  unanimously.  Tract 1  All that portion of the N/2 NW/4 SW/4 of Section 10, T.37 N., R.15 W., NMPM, Montezuma County, Colorado, conveyed to the Town of Dolores in Reception #497817and Reception    7.3  Lo  #497820 abutting the existing town limits of the Town of Dolores established in court order by  Judge O.J. Scharnhorst on. July 10th, 1900.  Tract 2  All that portion of the E/2 SW/4 of Section 10, T.37N., R.15 W., NMPM, Montezuma County, Colorado, conveyed tot the Town of Dolores in Bk. 547 Pg. 377 abutting the existing town limits oft the Town of Dolores established in court order by. Judge O.J. Scharnhorst on. July 10th, 1900 and abutting the North line of that property described in Bk. 85 Pg. 199 also described as the North line of the Dolores School Tract No. 4 oft the Eastern. Addition tot the Town of Dolores  recorded Plat Bk. 8a at Page 37.  Tract3  All that part of the NW/2 SE/4 of Section 10, T.37 N., R.15W., NMPM, Montezuma County, Colorado, conveyed to the Town of Dolores in Bk. 547 Pg. 377 abutting the existing town limits ofthe Town of Dolores whose North line is the North line oft those properties conveyed by deeds recorded in Bk. 218 Pg. 225, also described as Block 38 of Taylor-Brumley Addition to the Town of Dolores, and Bk. 386 Pg. 369, also described by metes and bounds in Reception #466833, less and except that property recorded Bk. 303 Pg. 183 (Bk. 235 Pg. 39 ofs said deed  recorded Bk. 547 Pg. 377) and that property recorded Reception #563768.  Manager Charles proposed a conservation easement which is an agreement made between a landownerand: a qualified conservation organization such as Montezuma Land Conservancy. He explained that landowners enter into a conservation agreement for financial incentives and community benefits. The costi to develop a conservation easement would range from $30,000.00 to $50,000.00. A letter of intent would be required from the Town to the Montezuma Land Conservancy. Trustee Truelsen questioned the location for a water tank. Trustee Wheeler questioned the letter ofi intent and stated that she needed clarification the difference between conservation and preservation. Conservation landowner gives up the right to manage the property. Attorney Kelly stated that there would need to be a meeting with Montezuma Land Conservancy. The cost would be minimal as MLC would apply for the grant. He stated that this will be months of work. He verified that the entire 37-acre parcel known as the Harris property ise entirely in the town limits. The purpose of the ordinance is to zone the three tracts. The Harris property was left out the ordinance because the surveyor had not completed the survey for the Harris property. Other topics discussed was the location and fit of the watert tank. Trustee Stark inquired as to why all tracts need to have a conservation easement and suggested the three    Z3 Z  parcels be zoned P-1. Trustee Truelsen moved to adopt Ordinance 558 (corrected) and annexi the three parcels, zoning them P-1, seconded by Trustee Watters. Trustee Wheeler commented that she was not in favor oft the property being zoned P-1, and it needed more discussion. The motion was carried by five yes votes, and two no votes. Truselsen moved to zone the Harris property, and the otheri three properties be zoned P-1. Motion failed for lack of a second. Mayor Wheelus asked the Staff to bring back the letter of intent with the Montezuma Land Conservancy, and zoning clarification. Manager Charles clarified that a public hearing will be scheduled for the  February 14th Board meeting.  13. TRUSTEES REPORTS AND ACTIONS: No reports  14. Adjournment: Mayor' Wheelus adjourned the meeting at 9:05  Mayor Chad Wheelus  Town Clerk Tammy Neely    74        10  SIAFE  1/28/2022 9:27:36AM  TOWN OF DOLORES Billing Period Report For11 1/1/2022- -1/31/2022 Include Write OffA Accounts: True Amount" 36,151.08 -2,782.05 -35,047.47 -37,829.52 15,904.06 15,904.06 18,690.00 18,690.00 $32,915.62 Amount $2,056.17 $10,345.12 $674.31 $249.28 $1,714.49 $864.69 $92.52 $2,290.98 $44.35 $1,061.07 $643.52 $975.63 $165.94 $444.00 $9,982.98 $246.72 $1,633.18 $173.86 $0.00 $0.00 $935.25 $0.00  Page 660f67  Account Location Transaction Type Active Hold Hold End Billing Period Totals Balance Forward Payments & Credits Payment Cash Payment Check Payments & Credits SEWER SEWER SEWER WATER WATER WATER Ending Balance Rate Code' Totals Rate Code SEWER CS1 COMMI INT TOWN $01 RESIDENT IN1 TOWN $02 RESIDENT OUT OF TOWN S03F RESIDENT INT TOWN1 1K $1K COMMSEWERIKMETER S90 SENIORI LIDISCOUNT WATER C05 COMM.TAP INT TOWN CW1 COMM INT TOWN CW2 COMM1 1KOUT TOWN CW3 CM1KINTOWN MF11 100 GALI MULTIFAMILYI INTOWN MF21 1KN MULTIFAMILYI INTOWN MF3 1KC OUT OF TOWNN MULTIFAMILY MF4 100 GAL! MULTIF FAMILY OUT OF TOV RO1 RESIDENTI IN1 TOWN RO2 RES. TOWNT TAP R03 RESIDENT OUT TOWN RK1 RESIDENT 1KN METER TW1 TOWN WATER TW21 TOWNI WATER1K W90 SENIORI LI DISCOUNT WDI WATER DOCK1 1K  Transaction! Date 559 33 432 465 482 482 551 551 2,057  EID Last Reading New Reading Usag.  Usage 270,000 833,700 48,200 56,000 596,000 108,700 942,700 288,700 1,000 230,000 71,000 380,000 15,000 12,900 752,300 0 107,800 41,000 11,900 0 108,600 119,000  Count 62 332 13 8 30 37 3 63 24 20 11 3 10 318 8 35 10 2 38  Usage Totals    10 STAFL  1/28/2022 9:27:36AM  TOWN OF DOLORES Billing Period Report For11 1/1/2022- 1 1/31/2022 Include Write OffA Accounts: True Amount* 0 882,100 300 0 1,000 1,029,200 1,912,600 0 897,900 300 0 131,900 2,051,800 3,081,900 4,994,500  Page 670f67  account. Location Transaction' Type Active Hold Hold End SEWER Commercial MultiFamily Other PublicGovt Residential WATER Commercial MultiFamily Other PublicGovt Residential Total Usage Negative Usage Other Receipts Description ATMOS FRANCHISE ATMOS TOWERI LEASE BUILDINGI PERMIT BUSINESSI LICENSE COMNET FRANCHISE DOGI LICENSE EMPIREI FRANCHISE INSTALLATIONI FEES-WATER MISC-STREETS PARKSA ANDI RECF REVENUE PROP1 TAX-OWNERSHIP TAP FEE-SEWER TAPI FEE-WATER WATER DOCK Payment Type Cash Check  Transaction! Date  EID Last Reading New Reading Usage  No customers were billed for negative usage int this period.  Amount $15,649.18 $2,087.61 $2,861.99 $1,225.00 $718.34 $200.00 $3,808.62 $650.00 $1,344.62 $50,00 $1,188.75 $4,500.00 $4,500.00 $1,310.00 $40,094.11 Amount $-1,445.00 $-38,649.11 $-40,094.11  *Indicates non-finalized charge    /0. STAFE  Town board February 14, 2022 Building Official/Building Inspector report  Current projects:  1. 102 Railroad- - Fire line installed, waiting for the request for an above ground hydro test of suppression system, installation of fire/burglar alarm, Walk through with State of Colorado  planned for 2-9-2022.  2. Del Rio work being conducted on the eastern section of the stabilization. 3. 110N N1 16th Street - Framing complete, wiring, and plumbing being completed.  4. 201S2nds Street- - insulation and drywall completed. New permits: One permit issued for a total of $2,861.99 1.# #1038-1 New single family detached residential structure  Consultations- - Phone and in person (Thisi is a new sectionlhave added to reflect this area of work)  48 consultations in January  Construction Inspections  16 construction inspections of permits issued  Future projects on the horizon:  1. New subdivision for eight duplex units between 15th and 16"h should be presented to the P&Z  shortly. Business Inspections 1. One STR Inspections  2. Working on the annual business inspection list to begin inspections.  1. One re-inspection InternetTechnology  New computer for the Building Official office. This computer is replacing a used one that the town had purchased two years ago. This brings the town to current at all workstations and board computers.    10 STAFE  SPECIALPROJECTS 1. Parkrestroom  a. Work was completed to determine the depth of the existing sewer line. The depth will allow for the restroom to bel located at the south side of the park between the parking lota and the water tower, This gives ample room for thet train, the restroom and the accessible use oft thei facilities. This location will also eliminate any need for a pump station with grinder pump, which is not recommendedi for a public restroom. b. Working on a cost estimate for the construction oft the restroom to determine the a. Purchased rack shelving for the records room to organize the records of the town. The first three of five shelving units are erected and in place. Town staff will go through the records and organize thet filing of the remaining records and then the final two racks can  projected costs.  2. Storage room  be erected and installed.  STR's  No additional report on STR's this month  Depot Fire 2-2-2022  Sometime during the night of February: 2, 2022 and the early morning of February 3, 2022, there wasa fire in the Depot at 520 Railroad Avenue. The fire started in the char broiler after an employee had turned the gas to full on, rather than off. The char broiler continued to burn, until it built up: sufficient heat to ignite thei insipient grease on the char broiler, this then extended to the hood: system grease build up causing thet fire suppression system to activate. (Note: The grease build up was not significant, ast the owner has been diligent on cleaning the hood) The fire suppression system operated as intended and extinguished thet fire. The controls in the fire suppression system shut off the gas supply and turned The damage was limited to the char broiler and the cleanup of the liquid chemical suppression agent in the kitchen area. The vent operated all night removing all heat to the building resultingi in frozen water pipes. The operation of the vent is designed to remove the smoke and other combustion elements The owner of the occupancy arrived in the early morning of February 3, 2022 to find the situation. Cleanup was begun and at fire suppression company was contacted to recharge the system. In addition, the owner placed temporary heating devices to heat thel building to successfully thaw out the pipes. Thisi is a situation in which the business inspection program resulted ina a successful outcome for the business owner and resulted in a single day of being out of business rather than several months, or  ont the vent system toi the hood as designed.  during and after ai fire.  possibly the closing oft the business if there had been significant damage.    10 STAFE  PUBLICI WORKS REPORT JANUARY2022  1-1-22 Plants RJ- Call out for water dock 1-3-22 Plants, locates, haul snow  1-2-22 Plants-RJ  1-4-22 Plants, Quarterly WWTP: samples, Bacti, CL2, turbidity report, energy auditmeeting. Remove snow 1-5-22 Plants, locate, check meter for leaks, finish setting up WWTP eff meter, haul snow. 1-7-22 Plants, haul snow, fill CL2 feed barrel at well, start replacing blower motor at' WWTP  berm from intersections, and work on' WWTP eff meter.  1-6-22 Plants, Haul snow 1-8-22 Plants-RJ  1-9-22 Plants RJ. Call out for water shut off.  1-10-22 Plants, locates, remove Christmas lights at Town Hall, finish replacing blower motor at WWTP,  haul snow.  1-11-22 Plants, haul snow, check water dock  1-12-22 Plants, install new water meter at 202 N 21St street, move snow pile at 12th And Hillside, Pull CL2  samples.  1-13-22 Plants, replace blower at' WWTP, DMT's, water shut off at 308 Riverside  1-14-22 Plants, start blower rebuild for WWTP  1-15-22 Plants-Randy 1-16-22 Plants-Randy 1-17-22 Plants-Randy for sprinkler install on S2nd.  1-18-22 Plants, start' WWTP blower rebuild, check: sewer line on N2 20th, water shutoff at 100N7th,n meeting  1-19-22 Plants, pull CL2 samples, locates, blade streets. 1-20-22 Plants, finish WWTP blower rebuild, locates  1-21-22 Plants, tune up for pickup, final meter read at Dolores RVI Park.  1-22-22 Plants-Anthony 1-23-22 Plants Anthony    10 STAFF  1-24-22Plants, exercise valves on South 2nd, clean shop, lube backhoe.  1-25-22 Plants, read meters, inventory, jet rodded sewer main between N19th and N: 20th. 1-26-22 Plants, pull CL2 samples, return jet rodder to Mancos, put gravel in alley's, WWTP BIO solids  report, meeting for cabin build upriver. 1-27-22 Plants, open storm drains, blade streets. 1-29-22 Plants, call out for water dock_ Wyatt  1-28-22 Plants, Quarterly water tank inspection, water shutoff at 200 Central check storm drains.  1-30-22 Plants Wyatt PH meter at water tank.  1-31-22 Plants, lube backhoe, loader, and motor graders, remove rocks from road to water tank, service    10,1  876 FF's  TOWN OF DOLORES  JANUARY 2022    10,/  /  -  e d8 N &  858888888 388    1G/  2 Page: 22 Jan? 25,2022 01:14PM  County ofMontezuma Date Journal DOLORES CONTRACT PERMANENT SALARIES  Detail Ledger- expense ledger Period: 12/21-12/21 Account Number  Deblt Amount 4,152.96 3,482.43 7,635.39  Credit Amount  Payeec or Description  Balance 87,896.81 .00 95,532.20  11/30/2021 (11/21) Balance 001.1650.1120 12/31/2021 (12/21) Period" Totals andE Balance 11/30/2021 (11/21) Balance 001,1650.1152 12/31/2021 (12/21) Period Totals and Balance 11/30/2021 (11/21)E Balance 001.1850.1160 12/31/2021 (12/21) Period Totals and Balance 11/30/2021 (11/21)E Balance 001,1650.1220 12/31/2021 (12/21) Period" Totals and Balance 11/30/2021 (11/21)E Balance 001.1850.1221 12/31/2021 (12/21) Period" Totals andE Balance 11/30/2021 (11/21) Balance 001.1650.1310 12/31/2021 (12/21) Period Totals and Balance 11/30/2021 (11/21) Balance 001.1650.1387 12/31/2021 (12/21) Period Totals and Balance 11/30/2021 (11/21) Balance 001.1650.1425 12/31/2021 (12/21)F Period" Totals and Balance 11/30/2021 (11/21)E Balance 001.1650.1500 12/31/2021 (12/21) Perlod Totals andE Balance 11/30/2021 (11/21)E Balance 001.1650.1610 12/31/2021 (12/21)F Period" Totals and Balance  12/04/2021 PC PAYROLL TRANS FOR 12/4/2021 PAYI PERIO 12/18/2021 PC PAYROLL TRANS FOR 12/18/2021 PAY PERIO  YTDI Encumbrance OVERTIME YTDE Encumbrance FRINGE BENEFITS  .00 YTDA Actual 95,532.20 Total 96,532.20 YTD Budget 107,719.00 Unexpended 12,186.80  2,459.54 2,751.55 29,030.74 .00 31,534.39  12/04/2021 PC PAYROLL TRANS FOR 12/4/2021 PAY PERIO  292.01 292.01  .00  .00 YTDA Actual 2,751.55 Total 2,751.55 YTD Budget 4,000.00 Unexpended 1,248.45  12/04/2021 PB PAYROLL TRANS FOR 12/4/2021 PAYI PERIO 12/18/2021 PB PAYROLL TRANS FOR 12/18/2021 PAYI PERIO  533.58 1,970.07 2,503,65  YTDI Encumbrance OPERATING EXPENSES 12/20/2021 AP AT&T 12/08/2021 AP CENTURYLINK 12/23/2021 AP LEXIPOLLLC YTDI Encumbrance MPN MAINTENANCE YTDI Encumbrance PROFESSIONAL SERVIÇES YTDI Encumbrance VEHICLEEXPENSES YTDI Encumbrance FLEET COSTS YTD Encumbrance TRAINING YTDE Encumbrance DISPATCHFEES YTDE Encumbrance  .00 YTD Actual 31,534.39 Total 31,534.39 YTD Budget 37,281.00 Unexpended 5,746.81  4,838.14 7,988.84 .00 .00 3,000.00 .00 3,000,00  98.00 52.70 3,000.00 3,150.70  .00  .00 YTDActual 7,988.84 Total 7,988,84 YTDI Budget 10,000.00 Unexpended 2,011.16  .00  .00  .00 YTDA Actua!  .00 Total  .00 YTDE Budget 2,500,00 Unexpended 2,500.00  .00  .00 YTD Actual 3,000.00 Total 3,000.00 YTDI Budget 3,000.00 Unexpended .00  3,833.79 3,833.79 132.05 132.05 .00 .00 29,000.00 .00 29,000.00  .00  .00  .00 YTD Actual 3,833.79 Total 3,833.79 YTDE Budget 6,500.00 Unexpended 2,686.21  .00 .00 Unexpended (132.05)  .00  .DO YTD Actual 132.05 Total 132.05 YTDE Budget  .00  .00  .00 YTD Actual .00 Total .00 YTDI Budget .00 Unexpended .00  .00  .00 YTDActual 29,000.00 Total 29,000.00 YTDE Budget 29,000.00 Unexpended .00    10,1 3  County ofN Montezuma Date Joumal CONTRACT REFUND YTDE Encumbrance  Detall Ledger- expense! ledger Period: 12/21-12/21 Account Number  Page: 23 Jan2 25,2022 01:14PM  Debit Amount  Credit Amount  Payee or Description  Balance .00 .00  11/30/2021 (11/21)E Balance 001.1650.1675 12/31/2021 (12/21)F Period1 Totals and Balance  .OD  .00  .00 YTDActual  .00 Total  .00 YTDI Budget .00 Unexpended .00  Total DOLORES CONTRACT:  13,581.75  .00 180,191.07    10,/  4  Detective Division Dolores Monthly January 2022  MONTHLY  YEART TODATE  NEW CASES ASSIGNED CASES PENDING  0 0 0 $0.00 $0.00  0 0 0 $0.00 $0.00  CASES CLEARED/INACTIVE/CLOSED  VALUE OF STOLEN/DAMAGED PROPERTY VALUE OF RECOVERED PROPERTY  HOURS WORKED OTHER-HOURS WORKED  0 0  0  MONTEZUMA COUNTY DETECTIVE DIVISION HAD THE FOLLOWING:  CASE#  OFFENSE-VIOLATION  STATUS    10,1 5  Summons Written For the  Town of Dolores  JANUARY  2022    10,/  4  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: 50  CITATION CHARGES NUMBER C32038 Date Reported 1/2/2022 CITATION CHARGES NUMBER C31878 Date Reported 1/3/2022 CITATION CHARGES NUMBER C29448 Date Reported 1/7/2022 CITATION CHARGES NUMBER C29777 Date Reported 1/11/2022 CITATION CHARGES NUMBER C29449 Date Reported 1/15/2022 CITATION CHARGES NUMBER C32351 Date Reported 1/21/2022 CITATION CHARGES NUMBER C32350 Date Reported 1/25/2022 CITATION CHARGES NUMBER Date Reported 1/11/2022 02/02/2022 11:38  Count!  Issuing Officer MANN, HEATHER  Count 1  Issuing Officer GUTTRIDGE, KOLTAN  Count 1  Issuing Officer GALLEGOS, MATTHEW  Count 1  Issuing Officer SMITH, STEVEN  Count  Issuing Officer GALLEGOS, MATTHEW  Count 1  Issuing Officer GUTTRIDGE, KOLTAN  Count 1  Issuing Officer MANN, HEATHER  Count  C32252 CRIMINAL VIOL ASSAULT IN THE THIRD DEGREE  Issuing Officer SCHMALZ, PETER    10,/  7  CITATION CHARGES NUMBER  Count 1  C32258 CRIMINAL VIOL ASSAULTI IN THE THIRD DEGREE  Date Reported 1/16/2022 CITATION CHARGES NUMBER Date Reported 1/25/2022 CITATION CHARGES NUMBER Date Reported 1/11/2022 CITATION CHARGES NUMBER Date Reported 1/30/2022 CITATION CHARGES NUMBER  Issuing Officer SCHMALZ, PETER  Count 1  C32060 CRIMINAL VIOL ASSAULT IN THE THIRD DEGREE  Issuing Officer HILL, BRYAN  Count  C29778 CRIMINAL VIOL ASSAULT IN THE THIRD DEGREE, CRIMINAL VIOL CRIMINAL MISCHIEF  <$500 (M3), CRIMINAL VIOL - DOMESTIC VIOLENCE, CRIMINAL VIOL CHILD ABUSE (M3)  Issuing Officer SMITH, STEVEN  Count  C32253 CRIMINAL VIOL: ASSAULT: IN THE THIRD DEGREE, CRIMINAL VIOL DOMESTIC VIOLENCE 1  Issuing Officer SCHMALZ, PETER  Count  C32205 CRIMINAL VIOL: CRIME OF VIOLATION OF A PROTECTION ORDER (M1), CRIMINAL VIOL- 1  CRIME OF VIOLATION OF A PROTECTION ORDER (M1), CRIMINAL VIOL- CRIME OF  VIOLATION OF AF PROTECTION ORDER (M1)  Date Reported 1/2/2022 CITATION CHARGES NUMBER Date Reported 1/3/2022 CITATION CHARGES NUMBER Date Reported 1/21/2022 CITATION CHARGES NUMBER Date Reported 1/6/2022 CITATION CHARGES NUMBER 02/02/2022 11:38  Issuing Officer PARKER, TOMAS  Count  C31879 CRIMINAL VIOL CRIMINAL MISCHIEF <$500 (M3)  Issuing Officer GUTTRIDGE, KOLTAN  Count  C32352 CRIMINAL VIOL CRIMINAL MISCHIEF <$500 (M3), CRIMINAL VIOL DOMESTIC  VIOLENCE  Issuing Officer GUTTRIDGE, KOLTAN  Count 1  C31530 CRIMINAL VIOL DOG NOT UNDER CONTROL  Issuing Officer GOTHARD, PATRICK  Count  C31797 CRIMINAL VIOL: DOG NOT UNDER CONTROL    10-/ 8  Date Reported 1/31/2022 CITATION CHARGES NUMBER  Issuing Officer FROST, THOMAS  Count  C32135 CRIMINAL VIOL DROVE VEHICLE DUI ALCOHOL/DRUGS/OR BOTH  1  Date Reported 1/7/2022 CITATION CHARGES NUMBER Date Reported 1/17/2022 CITATION CHARGES NUMBER Date Reported 1/22/2022 CITATION CHARGES NUMBER Date Reported 1/15/2022 CITATION CHARGES NUMBER Date Reported 1/12/2022 CITATION CHARGES NUMBER Date Reported 1/18/2022 CITATION CHARGES NUMBER Date Reported 1/30/2022 CITATION CHARGES NUMBER Date Reported 1/12/2022 CITATION CHARGES NUMBER 02/02/2022 11:38  Issuing Officer WEST, MARC  Count 1  C31799 CRIMINAL VIOL- DROVE VEHICLE W/BLOOD ALÇOHOL CONTENT 0.08 PERS SE  Issuing Officer FROST, THOMAS  Count  C31820 CRIMINAL VIOL: - DROVE VEHICLE WHILE ABILITY IMPAIRED ALCOHOL/DRU6S/OR BOTH 1  Issuing Officer KENNEDY, ALEXANDER  Count  C29294 CRIMINAL VIOL- FALSE REPORTING TO AUTHORITIES  Issuing Officer HAYNES, JOHN  Count 1  C31795 CRIMINAL VIOL MENACING (PLACED ONTHER PERSON IN FEAR)  Issuing Officer FROST, THOMAS  Count  C31534 TRAFFIC VIOL-ORDINANCE CARELESS DRIVING  Issuing Officer GOTHARD, PATRICK  Count  C32151 TRAFFIC VIOL-ORDINANCE - DISREGARDED/FALED TO STOP ATS STOP SIGN  Issuing Officer AYBAR, HAKAN  Count, 1  C31531 TRAFFIC VIOL-ORDINANCE OBEDIENCE TO OFFICIAL TRAFFIC CONTROL DEVICES  Issuing Officer GOTHARD, PATRICK  Count 1  C31839 TRAFFIC VIOL-ORDINANCE SPEEDING-    10./  9  Date Reported 1/2/2022 CITATION, CHARGES NUMBER Date Reported 1/5/2022  Issuing Officer LANYON, JAÇOB  Count 1  C31840 TRAFFIC VIOL-ORDINANCE SPEEDING-  Issuing Officer LANYON, JACOB  CITATION CHARGES NUMBER Date Reported 1/5/2022 CITATION CHARGES NUMBER Date Reported 1/28/2022 CITATION CHARGES NUMBER Date Reported 1/5/2022 CITATION CHARGES NUMBER Date Reported 1/9/2022 CITATION CHARGES NUMBER Date Reported 1/17/2022 CITATION CHARGES NUMBER Date Reported 1/18/2022 CITATION CHARGES NUMBER Date Reported 1/19/2022 CITATION CHARGES NUMBER  Counti  C31841 TRAFFIC VIOL-ORDINANCE: SPEEDING-  Issuing Officer LANYON, JACOB  Count 1.  C32150 TRAFFIC VIOL-ORDINANCE: SPEEDING-  Issuing Officer AYBAR, HAKAN  Count 1  C31529 TRAFFIC VIOL-ORDINANCE SPEEDING LIMITS  Issuing Officer GOTHARD, PATRICK  Count 1  C32091 TRAFFIC VIOL-ORDINANCE SPEEDING LIMITS  Issuing Officer GILBERTO, JACOB  Count  C31532 TRAFFIC VIOL-ORDINANCE SPEEDING LIMITS  Issuing Officer GOTHARD, PATRICK  Count 1  C31533 TRAFFIC VIOL-ORDINANCE: SPEEDING LIMITS  Issuing Officer GOTHARD, PATRICK  Count  C31535 TRAFFIC VIOL-ORDINANCE: - SPEEDING LIMITS  Issuing Officer GOTHARD, PATRICK  Count  C31339 TRAFFIC VIOL-ORDINANCE: SPEEDING LIMITS  02/02/2022 11:38    10,/ 10  Date Reported 1/19/2022 CITATION CHARGES NUMBER Date Reported 1/22/2022 CITATION CHARGES NUMBER Date Reported 1/24/2022 CITATION CHARGES NUMBER Date Reported 1/26/2022 CITATION CHARGES NUMBER Date Reported 1/26/2022 CITATION CHARGES NUMBER Date Reported 1/27/2022 CITATION CHARGES NUMBER Date Reported 1/27/2022 CITATION CHARGES NUMBER Date Reported 1/28/2022 CITATION CHARGES NUMBER Date Reported 1/28/2022 CITATION CHARGES NUMBER Date Reported 1/28/2022 02/02/2022 11:38  Issuing Officer GREEN, KAYLEE  Count  C32353 TRAFFIC VIOL-ORDINANCE SPEEDING LIMITS  Issuing Officer GUTTRIDGE, KOLTAN  Count 1  C31536 TRAFFIC VIOL-ORDINANCE SPEEDING LIMITS  Issuing Officer GOTHARD, PATRICK  Count 1  C32139 TRAFFIC VIOL-ORDINANCE SPEEDING LIMITS  Issuing Officer WEST, MARC  Counti 1  C32140 TRAFFIC VIOL-ORDINANCE: SPEEDING LIMITS  Issuing Officer WEST, MARC  Count  C32141 TRAFFIC VIOL-ORDINANCE - SPEEDING LIMITS  Issuing Officer WEST, MARC  Count 1  C32142 TRAFFIC VIOL-ORDINANCE - SPEEDING LIMITS  Issuing Officer WEST, MARC  Count  C32092 TRAFFIC VIOL-ORDINANCE SPEEDING LIMITS  Issuing Officer GILBERTO, JACOB  Count  C32199 TRAFFIC VIOL-ORDINANCE SPEEDING LIMITS  Issuing Officer AYBAR, HAKAN  Count 1  C32196 TRAFFIC VIOL-ORDINANCE SPEEDING LIMITS  Issuing Officer AYBAR, HAKAN    141/1 Count 1  CITATION CHARGES NUMBER Date Reported 1/9/2022 CITATION CHARGES NUMBER Date Reported 1/29/2022 CITATION CHARGES NUMBER Date Reported 1/10/2022 CITATION CHARGES NUMBER Date Reported 1/27/2022 CITATION CHARGES NUMBER Date Reported 1/8/2022 CITATION CHARGES NUMBER  C31794 TRAFFIC VIOL-STATUTE DROVE MOTOR/OFF-HIGHW/ATVEHICLE WHEN LICENSED  SUSPENDED  Issuing Officer FROST, THOMAS  Count 1  C32061 TRAFFIC VIOL-STATUTE DROVE MOTOR/OFF-HIGHWATVEHICLE WHEN LICENSED  SUSPENDED  Issuing Officer HILL, BRYAN  Count 1  C31904 TRAFFIC VIOL-STATUTE DROVE VEHICLE W/0 VALID LICENSE  Issuing Officer COPELAND, JEFF  Count 1  C32198 TRAFFIC VIOL-STATUTE DROVE VEHICLE W/0 VALID LICENSE  Issuing Officer AYBAR, HAKAN  Count  C32137 TRAFFIC VIOL-STATUTE SPEEDING > 10-19 MPH OVER PRIMA FACIE LIMIT, TRAFFIC  VIOL-STATUTE - DISPLAYED EXPIRED NUMBER PLATES  Issuing Officer WEST, MARC  Count  C32138 TRAFFIC VIOL-STATUTE SPEEDING > 40 MPH OVER PRIMA FACIE LIMIT, CRIMINAL VIOL 1  - DROVE VEHICLE DUI ALCOHOL/DRUGS/OR BOTH, CRIMINAL VIOLI DROVE VEHICLE W/BLOOD ALCOHOL CONTENT 0.08 PER: SE, TRAFFIC VIOL-STATUTE - RECKLESS DRIVING  Date Reported 1/9/2022  Issuing Officer WEST, MARC  02/02/2022 11:38    10,1  12  Municipal Code/Traffic Citations and  Reports  January 2022  Hours worked for Detectives and patrol  Detective Hours:  0  Patrol Hours:  37.5    10.2  Dolores, Colorado) Est 909  Dolores Colorado  To: From: Dt: RE:  MAYOR AND TRUSTEES Ken Charles, Dolores Town Manager February 14, 2022 Meeting Information Update  Monday/s Town Board Meeting  On the agenda for our regular meeting Monday February 14:  There are three public hearings for Ordinances 5571 to adopt the new. LUC and 5581 to annex and zone town owned properties and zone these properties and last for a new liquor license permit. The public hearings will be followed by action items on all three ordinances. There is also ai resolution to approve  the new and improved IGA regarding the regional Opioid agreement.  General Updates  Imet with the Chamber board and discussed dates for aj joint meeting. The board thought it would be more useful to meet when the new board members were sworn in. The town held two open houses on January 6 and 7 to allow members oft the publicto participate in aj presentation on the DraftLUC by the town's consultant Elizabeth Garvin and staff. The public will have the opportunity toi make comments. Tentative schedule to adopt the revised Land Use Code (LUC). Beginning in October 2019 the Dolores Planning and Zoning Commission and: staffhave diligently worked with the town' s consultant Elizabeth Garvin to draft a revised LUC. The revisions are now complete, and we are prepared to move toward adopting the 1. On January 11, 2022, the Planning and Zoning Commission held a public hearing followed by ai motion to recommend to the town board approval oft the code. 2. On January 24, 2022, the mayor and trustees will review on First Reading adoption of 3. On February 14, 2022, the mayor and trustees will hold aj public hearing on the revised LUC followed by action to either approve the LUC, approve with changes or delay the The entire draft LUCis posted online at the town' s website and can be accessed from the Home Page. Also available is al Power Point prepared by Elizabeth Garvin that highlights the major As you review the code, please contact me with questions, clarifications or comments that you  full revised code. The schedule, subject to change is:  the revised LUC  approval pending further changes.  changes in the LUC might have.  420Central Ave, POBox 630 Dolores. CO.81323 Ph. 970-882-77201 fax. 970-882-7466 https:!! lompotolbrscoloaogor    10,2 2  Dolores, Colorado) ESr 1900  Jon Kelly and Imet with Travis Custer the Executive Director of the Montezuma Land Conservancy to discuss the creation of a conservation easement. for the town owned properties. We will discuss that later ini the meting and the Mr. Custer will be able to attend the. February The town sponsored a presentation for the public on February gth toj present materials and for Staffi is organizing a Meet and Greet for the candidates for office. This will be an opportunity for the candidates to meet town employees, learn about town services, and put a face with  28th meeting toj present and answer questions. fire mitigation options on private properties.  names. Upcoming Events  February 17 Parks Committee Parks meeting. February 14 & 28 Town board meetings. February 15 P&Z meeting March 11 Fishing is Fun grant deadline.  April 13-15 Colorado City/County Managers Association Annual Conference.  420 Central Ave, PC 01 Box 6301 Dolores, CO. 81323 Ph. 970-882-77201 fax. 970-882-7466 https:!/ lompotdoorscolomdgen    10.2 3  Town of Dolores (TOD) Infrastructure Needs List for DOLA February 2022 Water, Sewer, Drainage Replacement Cost Estimate  Source: Town of Dolores 2018 CIP Asset Inventory, Condition Assessment, and al Repair and  Water  1. The Town's water distribution system consists of 52,000 LF of various size pipeline. Much of that pipe needs to be replaced due to the pipe's age and that iti is undersized and cannot meet fire flow protection standards. There is also the needi toi install 3,700 LF of new 8-inch pipe to connect all the dead-end segments of water line ini town. The total LF of line that either needs replacement or new pipe to complete the dead-end' loopsi is 24,500. There are also fire  hydrants and valves that need replacement.  Cost: $3,800,000 2. Water meters Cost $500,000 3. Water Tank  The Town's 550 water meters are old and wearing out and all need to be replaced.  The Town's water system requires an additional water tanki to meet fire flow. The town does not yet! know the size or expense. Cost estimate is based on recently built tanks in the region.  Cost $1,500,000 Total Water $5,800,000  Wastewater  1. The town's sewer collection system requires minor replacement of pipeline.  Cost: $$ $831,000 2. Wastewater Treatment Cost $375,000 Total Sewer$1,206,000  Improvements include replacing diffused aerators, blowers, and new pond liners.  Stormwater  1. The Town has installed much of the subsurface and above surface drainage infrastructure, but there remains sections of subsurface drainage to install. Most of these sections require crossing  State Highway 145. Total Stormwater $2,000,000    10,3  Jon Lewis Kelly, P.C. ATTORNEY AT LAW P.O. Box 659 DOLORES, COLORADO 81323 February 9, 2022  ely@westlopeav.com wwwwestalopelav.com  (970)882-4442 FAX: (970)882-3373  Mayor, Trustees and Manager, Town of Dolores RE: Executive session on February 14, 2022  An executive session to discuss al legal matter will appear on the agenda on February 14, 2022.  Iti is imperative that executive sessions be kept confidential in compliance with Colorado law. Conducting an executive session by Zoom is by its nature problematic. While we have done sO in the past during the declared Therefore, ifit all possible, it would be advisable for you to attend the meeting inj person rather than virtually. That said, I do understand that there may be those who cannot risk attending in person due to legitimate health concerns. And of course, if you are having symptoms of COVIDI9 or have been recently exposed, by all means follow recommended CDC guidelines. If you find that you must attend the executive session virtually, please  public health emergency, that emergency has passed.  adhere to the following rules:  1. Please ensure that no one else is present with you in the room where you are participating; 2. Take reasonable precautions to ensure that no one else can overhear what is said in the executive session. This might include giving consideration to whether others could eavesdrop, closing doors and instructing 3. If for some reason the contidentiality of the executive session isi interrupted at your location, please tell us  those in your household to respect the need for confidentiality and, at once sO that we can pause the meeting, while you deal with the interruption.  Thank you. Very' Truly Yours, L Jon Lewis Kelly  Main Office Location:  995 Railroad Ave. Ste. A, Dolores, Colorado    10,4  TREASURERS REPORT TOWN OF DOLORES February9, 2022  Petty Cash Hi-FiSavings Account Checking Account Conservation Trust Fund ColoTrust Bonds Business Account (AFLAC) Regular Savings Account Playground Account/Donatic  $300.00 $1,049,239.75 $128,319.95 $14,628.49 $859,515.75 $557,244.80 $3,711.85 $5,208.33 $3,250.33 $2,194,542.95  Total    10.4  2  Treasurer's Report February 9, 2022  This month, the Treasurer signed a Vendor Agreement with the State of Colorado Office of Economic Security to participate in the new Low-Income Household Water Assistance Program (LIHW/AP) that is a part of the existing Low Income Energy Assistance Program (LEAP). This allows existing LEAP customers to receive one time assistance with water and sewer bills if they have a past due amount, service disconnect, or are about to be disconnected. Payments are made directly to the Town and credited to the applicant's account. The Treasurer has submitted all of the required paperwork and is waiting for the State to process it. The Town will reach out to eligible LEAP customers to determine if they may benefit from the LIHWAP  program.  From the Colorado Department of Human Services website:  About LEAP  The Colorado Low-income Energy Assistance Program (LEAP) is a federally funded program that helps eligible hard-working Colorado families, seniors and individuals pay a portion of their winter home heating costs. Our goal is to help bring warmth, comfort and safety to your home and family by assisting with heating costs. The LEAP program works to keep our communities warm during the winter (November through April) by providing assistance with heating costs, equipment repair and/or replacement of inoperable heating tools. While the program is not intended to pay the entire cost of home heating, we aim to help alleviate some of the burdens that Inr most cases, the energy assistance benefit is paid directly to the household energy supplier. In most cases, if you are approved for LEAP, payments are made directly to your primary heating fuel vendor and a notice will be sent to you informing you of the benefit amount. Other benefits provided by LEAP include repair or replacement of a home's primary heating system, such as a furnace or wood-burning stove. The program does not provide financial assistance for any type of temporary or portable  come with Colorado's colder months.  heating. LEAP eligibility  Ify your income is up to 60% of the state median income level, you may qualify for heating assistance through LEAP. The state median income level used for the 2021- 22 LEAP season was released by the U.S. Department of Health and Human Services in July 2021. The amount of the energy assistance benefit varies depending on a variety  of factors, including the primary heating fuel costs and income.    16,4.  4  You may qualify for LEAP benefits if you:  Pay home heating costs, either directly to a utility company or to a landlord as Are a permanent legal resident of the United States and a Colorado resident or Earn a maximum family household income that does not exceed 60% of the Provide proof of lawful presence in the U.S. Valid forms of identification Colorado driver's license or Colorado Identification card United States Military Identification Card or Military Dependent's United States Coast Guard Merchant Mariner card Native American Tribal document  part of rent.  you have household members who are U.S. citizens.  state median income level.  include:  Identification card  Use the table below to determine your monthly gross income according to your household size. Household refers to all people living with you and for whom you are financially responsible. The table will be updated this fall with the updated income guidelines for the 2021-2022 season that begins November 1st, 2021.  Household Size 1 2 3 4 5 6 7 8  Maximum Gross Monthly Income  $2,759 $3,608 $4,457 $5,306 $6,155 $7,003 $7,163 $7,322 $159  Each Additional Person  Low Income Household Water Assistance Program (LIHWAP)  CDHS received additional funding from federal government to assist low income households with their water services. LIHWAP was created to provide a benefit to qualifying household to help reconnect their disconnected drinking water or waste/sewer services, or help the household if facing disconnection with their    10.4 5  drinking water and waste/sewer services, or if they have a past due amount with their drinking water and waste/sewer services. Funds are limited and are To qualify for this assistance, the household must meet these criteria: Be approved for LEAP during November 1, 2021 - April 30, 2022 Complete the addendum within the LEAP application and submit a copy of -Must pay drinking water services and/or waste/sewer services directly to a : Services must be in disconnected, facing disconnection, or have a past due For households whose water services are included in their rent, have group metering, or pay through their property management/andord, please refer to  on a first come first serve basis.  your water bill. water vendor. amount on the bill.  the Emergency Rental Assistance Program  (ERAP) httpsl/cola.coloradloradoov/renta-mortgage-asistance    10.4  Lo  o C -  80    10.4  7  PEA  S  $e    H.1  /  AGENDA  TOWN OFDOLORES COLORADO PARMS/PLAYGROUND, ADVISORY COMMITTEE January1 13*,2022,6:00P.M.  This meetingwill bel held livea atl Town! Hall 420 Central Avel Dolores Colorado. Afacel Maski willl ber required. To attend virtually please visit thel Town website: tips/townotdolores.colorado.Eow under the Government tab  1.CALLTOORDER 2.F PLEDGE OF ALLEGIANCE 3. ROLL CALL  4. DENTIFICATION OF ACTUAL ORI PERCEIVED CONFUCTS IF INTEREST. S.ACTION/APPROVAL OF1 THE AGENDA FOR THE January 13th, 2022 meeting. 6,ACTION/APPROVAL OF THE MINUTES FROM THE December! 9", 2021 MEETING.  7.DISCUSSION OF CONTUING BUSINESS:  Fishing is Fun/Aquahab proposal: Review proposal with Corey Sue Hutchinson  Community garden update JRP Master Plan 8.1 NEW BUSINES No new business to discuss 9.ADIOURNMENT    Ihl  2  MINUTES  TOWN OF DOLORES COLORADO PARIS/PIAYGROUND ADVISORY COMMITTEE January 13th, 2022, 6:00P.M. sa/lomaloerses  THE MEETINGWASI HELDUVEAND VIRTUALIYBYZOOM: SEE1 THE1 TOWN WEBSITEI FORI RECORDING AT  1. CALLTO ORDER: Commissioner Grigg called the meeting to at 6:05 p.m.  2. ROL.CAlL-Committee Members present virtually: Kalin Grigg, Nikki Gillespie, Marianne Mate, 2.1 Staff Present: Town Manager Ken Charles and Town Clerk Tammy Neely appeared live, 3. IDENTIFICATION OF ACTUAL OR PERÇEIVED CONFUICTS OF INTEREST. None stated or given. 4. ACTION/APPROVAL OF THE AGENDA, for the January 13th, 2022, meeting: Commissioner Mate moved to approve the agenda, seconded by Commissioner Gillespie. Motion carried 5. Public Comment: Commissioner Grigg opened the meeting for public comment. No comment 6.A ACTION/APPROVAL OF THE MINUTES from December gth, 2021, meeting. Commissioner Gillespie moved to approve the minutes for December 9thth, 2021, seconded by Commissioner  and Hugh Robinson, and Ex-Officio' Tracy Murphy  unanimously. was given.  Mate. Motion approved.  7.DISCUSSION OF CONTINUING BUSINESS:  Fishing is Fun/AquaHab: Consultant Corey Hutchinson was online to answer any questions the Committee had. Due tot technical problems Corey was unable to stay online. The Committee decided toi meet with Corey on. lanuary20-,2022, at 6:00 p.m. to discuss Community Garden Update: Manager Ken Charles and Attorney. Jon Kelly are currently JRP Master Plan: Manager Charles introduced a timeline and invitation for qualified persons ori firms to provide required. service tos submit proposals for planning, conceptual design services for. Joe Rowell Park (JRP). The plan is to develop an overall evaluation of JRP, for park/recreation amenities. Manager Charles explained to the Committee that projects proposed for the park would need to be prioritized and planned. Also, the consultant would need a detailed proposal with key requirements to be considered. A selection criterion will be implemented. Community involvement would be welcomed.  the proposal fori the Dolores River Fishing Habitatimprovements.  working on al MOU, to present tot the Board.    1I  3  There is some concern that funds are appropriated for a plan and usually ends up on the shelf. Manager Charles stated that there will be future meeting on how to engage the Flanders Parks restroom update: Manager Charles stated that Connie Giles is looking at a block style exteriorwith a pitched roof to look like the Goose Depot.  public on the project.  8. NEW BUSINESS:  Snow removal: Commissioner Grigg requested that snow be removed on the west end oft the river trail be removed, so there would be access toi the trail. Also, a request for  part of the rivert trail be left with snow on it for ski use.  ADIOURNMENT:Commissioner Grigg adjourned the meeting at 7:15 p.m.    1.2  Report to Dolores Board ofTrustees, February 9, 2022  From Dolores Planning and Zoning  During the regular meeting int the month on February 1, 2022, Planning and Zoning 1. P&Z1 reviewed a preliminary plat of the boundary adjustment application of Gonzales and Smith at 200 and 202 south 5th street. The Commission unanimously voted to approve the preliminary plat and send the request to the Board of7 Trustees with 3 conditions as recommended by town staff, that 2. P&Z Received a verbal report from Shirley Powell on herwork with the Town of Dolores and Kokopelli bike shop to make application from History Colorado for a grant to make specific repairs to thel historic Exxon Building. The commission is excited to see restoration efforts ofai really important historic building int town, one of only a few remaining from that period ofthe 3. P&Z1 Discussed the state of the new proposed land use code. As it comes before the board ofTrustees during the first meeting in February, we encourage you to approve this revised code, and keep ini mind that it'sal huge improvement over the current code. Additionally, we emphasize thatit'sa living document. The commission and town staff is committed toi reviewing and revising the LUC as needed when issues become apparent. We trust that the' Trustees will continue toj participate and supports such efforts. And we are thankful to all the expert assistance we received from Planner Elizabeth Garvin, from Attorney. John Kelly, as well as other' Town of Dolores Staff  Commission attended to the following agenda items.  will be noted when it comes before the' Trustees.  town ofDolores.  members.  Respectfully, Linda Robinson, Chair Planning and Zoning Commission    Dolores, Colorado) E  Meeting Date: February 14,2022 AGENDA DOCUMENTATION ITEM 15,1 FROM: TAMMY NEELY TOWN CLERK  Discussion and Possible Action  TO: TOWN OF DOLORES MAYOR &TRUSTEES  SUBJECT: AN APPLICATION FOR. A RETAIL LIQUOR. LICENSE FOR SPIRITS INTHE SKY WINE & BEERLLGLOCATED ATI 18398 HWY145 DOLORES COLORADO.  PURPOSE. AND BACKGROUND  Connie Ryman of1 121 Greenwald Way Evergreen Colorado has leased what previously was the Montezuma Mexican Restaurant 18398 HWY 145 in Dolores. She originally applied for ai retail liquor license on September 14th, 2021, due to some property closing issues it caused a delay inj processing. The documentation ini the packet shows correct possession oft the property and intent fori its use. A diagram is provided to show the display shelves and placement ofthe alcoholic products. Connie Ryman was: fingerprinted, and background checked Building Official David Doudy reviewed the premise, hel has yet to report preliminary findings. He will be  which reveals no pending criminal or traffic violations per Sheriff] Nowlin's report. conducting a final inspection before Connie is opened for business.  FISCALI IMPACT None RECOMMENDATIONS:  Itist the recommendation of Staff, the Board approve the license, and direct Staff to send the application on to  the State Liquor Enforcement Division for final approval.  420 Central Ave, POBox 6301 Dolores, CO. 81323 Ph. 970-882-7720: fax. 970-882-7466 https:!! lowmotblburscalomdogor    13,1  Montezuma County Sheriff's Office  Steven D. Nowlin - Sheriff  730: East Driscoll Cortez, Colorado 81321 January 3, 2022 To: Dolores Town Board  Telephone 970-565-8452 wwemonteamashentiong  FAX  970-565-3731  Subject: New Retail Liquor Store. License Review, Sprit in the Sky Wine and BeerI LLC  Dear Dolores Town Board,  On September 8, 2021, a Colorado Liquor License. Application, was submitted to the' Town ofDolores by indicating ownership oft thei new businessi identified as Spirit in the Sky Wine and Beer, Limited Liability Corporation, requesting ai retail liquor license at the business location of18398 Highway 145 in Dolores, Colorado. The applicant indicates that she is the sole business owner, leasing the building and property listed ini the Liquor License Application from Chris Hamilton, Manager of Puett SP, LLC. The property lease agreement submitted with the Liquor License. Application does not include the property or premises physical address or location. The lease agreement submitted also indicates that another party identified as al Matthew! Nuss (no further information) guaranteed all obligations as to thel lease ofthe identified Matthew Nuss as ai financial investor or percentage holder oft the business for which the Liquor A: search oft the Colorado Secretary of State database revealed that the business registration for Spirit in the Sky Wine and Beer, Limited Liability Corporation was formed or registered on 09-13-21, indicating Connie A check for criminal history and/or current court actions in the State of Colorado and through the National or traffic violation cases, and no criminal violation which would prohibit the issuance oft the liquor license, Submitted with the Colorado Liquor License. Application is a floor plan for the proposed business premises, but as oft this date an inspection of the proposed license premises to ensure compliance with the Colorado liquor Code has not been completed. A supplemental report will be provided upon completion oft the  applicant Spirit int the Sky Wine and Beer LLCby owner/operator Connie Suel Ryman  premises and property along with the applicant Connie Sue Ryman  The applicant has not  License approval is being sought.  Sue Ryman of1 121 Greenwald Way in Evergreen, Colorado as registered agent.  Crime Information Center on applicant Connie Sue Ryman  revealed no pending criminal  premises inspection.    13,1  2  Ai neighborhood canvas was not conducted as this is designated as a commercial property lot and nothing surrounding the business location has changed since previous or past allowed liquor license applications at 18398 Highway 145,Dolores, Colorado. Further, the application does not indicate any outdoor alcohol  consumption areas.  Respectfully submitted as appointed Dolores' Town Marshal,  a  Steven D. Nowlin, Sheriff Montezuma County, Colorado    13.1  3  DR8404 (01/22/20) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303) 205-2300  Colorado Liquor Retail License Application Transfer of Ownership  New License  New-Concurrent  State Property Only  Master file  All answers must be printed inl black ink or typewritten Applicant must check the appropriate box(es)  Applicant should obtain ac copy of the Colorado Liquor and Beer Code: www.colorado.gowentorvementliquor 2.Applicant fanLLC, pame OfLLC; ifpartnership, atl least 2p partnere nms; ifcorpggation, name of corporation PiRHs IN THE SKY WINE. BEER, LLC 19398 HIGHCOAL 145 uNit #B 18398 HGHope 145 B DOLORES BUEVAIlEyISI @GMAL. Com 6.Ifthe premises currently has al Miquor or beer license, your must answer thei following questions  1. Applicant is applying as alan  Individual Corporation  Limited Liability Company  Association or Other  Partnership (includes Limited Liability and Husband andWife Partnerships)  FEINN Number 81-25+5749  2a.Trade Name of Establishment (DBA) Ciy DOLORES 4.M Mailing Address (Number and Street) EmailAddress 5.E  Slate Sales Tax Number Business Telephone  SPIRITS INL THESKY WINE Beor Llc 95060737 780. 810.4504  3.A Address of Premises (specify exact location of premises, incude suite/unit numpers)  County MONTEZLMA CityorTown  Slate ZIP Code 91323 Slate ZIP Code Lo 81323  Present Trade Name of Establishment (DBA) Application Feei for New License.. Application Feei for NewLicense w/Concurrent Review, DA Application Fee for Transfer. Section B D Addo Optional Premises tol H&R... - $100.00X J Add Related Facilityt tor Resort Complex$75.00X. Adds Sidewalk Service Area. Artsl License (City). Artsl License (County). Beera and Winel License (City). Gver and Wine License (Counly). BrewF Publ License (City) Brew Pub! License (County). Campus Liquor Complex (City).- Campus Liquor Complex (County). Campus! Liquor Complex (State). Clubl License (City)- Clubl License (County) Distilery Pub! License (City). Distillery Pub License (County). Hotela andl Restaurant License (Ciy). Hotela andl Restaurant! License (County) Hotela and Restaurant License wione opt premises (City).  Liquor-Licensed Drugstore (City).  Present Statel License Number Present Class ofLicense Present Expiration Date  SectionA  Nonrefundable Application Fees* Section B (Cont.)  Liquor License Fees*  $1,550.00 D Liquor-Licensed Drugstore (County). $1,650.00 Lodging & Entertainment-LBE (City). $1,550.00 I Lodging & Entertainment-L8E (County)  $312.50 $500.00 $500.00 $75.00 $75.00 $75.00 $75.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $160.00 $160.00 $160.00 5500.00 $500.00 $227.50 $312.50 $227.50 $312.50 $500,00 $500.00 $750.00 $750.00  Liquor License Fees* I Manager Registration- -H&R.  Total Total  Manager Registralion- Tavem.. Manager Registration- Lodging & Entertainment. $75.00 Manager Registration- Campusl Liquor Complex. $308.75 Optional Premises License (City).. $308.75 Optional Premises License (County). $351.25 Racetrack License (City) $436:25 Racetrack License (County). $750.00 Resort Complex License (Cily). $750.00 Resort Complex License (County). $500.00 Related Facility- -Campus Liquor Complex (City). $500.00 Related Facilily- Campus Liquor Complex (County). $500.00 Related Facility- Campus Liquor Compiex (State). $308.75 Retail Gaming Tavem! License (City). $308.75 D Retail Gaming Taveml License (County). $750.00 R Retail Liquor Store Lioense-Adcitional. (City). $750.00 - Retaill Liquor Storet License-Addltional. (County). $500.00 Retaill Liquor Store (City)- $500.00 Retaill Liquar Store (County). $600.00 Tavernl License (City). $227.50 Vintners RestaurantLicense (City). OVintners Restaurant! License (County).  Hotela andi Restaurant! Licensev wioned opt premises (County).- $600.00 Tavern License (County).  *Note that the Division will not accept cash  Questions? Visit: www.colorado.gowlenforcementliquor for more information Do not write ini this space - For Department of Revenue use only  Liability Information License Issued Through (Expiration Date)  License Account Number  Liability Date  Total $    13,1  DR 8404-1 (03/22/19) COLORADOI DEPARTMENT OF REVENUE Liquer Enforcemert Division (303)2 205-2300  Individual History Record  To be completed by the following persons, as applicable: sole proprietors; general partners regardless of percentage ownership, and limited partners owning 10% or more of the partnership; all principal officers of a corporation, all directors ofa corporation, and any stockholder ofat corporation owning 10% or more of the outstanding stock; managing members or officers ofa a limited liability company, and members owning 10% or more oft the company; and anyi intended registered manager of Hotel and Restaurant, Tavern and Notice: This individual history record requires information that is necessary for the! licensing investigation or inquiry. All queslions must be answered in their entirety or the license application may be delayed or denied. Ifa question is not applicable, please indicate so by* "N/A". Any deliberate misrepresentation or material omission may. jeopardize the license application. (Please attacha  Lodging and Entertainment class of retail! license  separate sheet if necessary to enable you to answer questions completely) 1.Name of Business, 3Pipts INTHG SK3Z,L 2.Your Fulli Name last,first, middle) RymAN CONNIE SuE 4.Mailnga address (ditferent from residence)  WIAG AND Home Phone Number  Cellular Number 720-810.4504  3.List any other names you! have used Email Address  CONMIE S4  CONNiE Sue HourrAmpl ZANGAR BluEyAILE/ISICGml.Cem  5.L List current residence address. Include any previous addresses within the last five years. (Attach separate sheet ifr necessary)  Street and Number  City, State, Zip  From Zon  To Present ei To  Current Previous all  121 GÇEEN WAvD WAYI 134 BEAVER LANE  EVERGREGN, G 80439 EVEPLPGEN, Co 80439 1s laolo  6.List employment within the last five years. Include any self-employment, (Attach separate sheeti ifn necessary). Name of Employer or Business Address (Street, Number, City, State, Zip) Position Held From  EmpiRe LAEucoNSAR 14107.CAEAY  IEET. MANAGER S4oe PRESENH  LAKEWoP,Co 80461  7.List the name(s). of relatives working in or holding at financial interest in the Colorado alcohoil beverage industry.  Name of Relative N/A  Relationship to' You  Position Held  Name of Licensee  8.Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money, fumiture, fixtures, equipment or inventory to any licensee? (My yes, answer in detail.)  Oyes &No  9. Have you ever received: a violation riotice. suspension, or revocation for al liquor faw violation, or havey you applied for or been denied al liquor or beer license anywhere in the United States? (If yes, explain in detail.)  Oyes KNo    DRE 8404- (03-20/19)  13.1  5  10. Have you ever been. convicied of a crime or received a suspended sentence, deferred sentence, orf forfeited 11.Arey you currently under probation (supervised or unsupervised). parole, or completing the requirements ofa 12. Have you ever had any professional license suspended, revoked, or denied? (Ify yes. explain in detail.)  bail for any ofense in criminal or military court or doy you have any charges pending? (If yes, explain in detail.) Dyes KNo  deferred sentence? (Ify yes, explain in detail.).  Oyes KNo Oyes No  Personal and Financial Information  Unless otherwise provided by law, the personal information required in question #13 willl bet treated as confidential. The personal  information requiredi in question #13 is solely for identification purposes.  13a, Datys of Birth b. Social Security Number o1/1/1962 e. Naturalized, stale where  c. Place ofE Birth FORT f.When  d.U.S. Cizen Yes ONo  ColiksCasAo g. Name of District Court  h. Naturalization Certificate Number Date of Certification j.WanAlien, Givel Alien'sF Registratiun Canil Numberk. Permanent Residence Card Number .Height m, Weight n, Hair Color p.Eye Color p.Gender q. Doyoul have a curent DaiversLicense/D7: Ifso. aenumber ands state. a.Total purchase price or investment being made byt the applying entity. corporation, partnership, limited liability company. other. b. List the total amount of the personal investment, made byt the person listed on question #2, inthis business loans, cash, services or equipment, operating capital, stock purchases or fees paid.S_  52" 115 BROWN Blue 14. Financial Information, S140/DO0 notes, If corporate investment (Allach as separate sheet if needed) Type: Cash, Services or Equipment FBES: FALEPRNEAIG CHEKNK BASEAAO CIhKTPAL sToRe Supphs ET  -  XYes ONo  State ColoRAOG  any  3364  only please skip to and complete section (d)  * Section b should reflect the total of sections c and e  G. Provide details of the personal investment described in 14b. Yous must account for all oft the sources of this invesiment.  Account Type :  Bank Name WEISTARGO  Amount 2.136.4  Louor LicesE A  d. Provide details of the corporate investment describedi in 14 (a). Your must account for all of the sources of this investment. (Attacha  separate sheet if needed;  Type: Cash, Services ar Equipment Loans  Account Type  Bank Name  Amount  e. Loan Information (Atach copies of all noles or loans)  Name ofLender REGION9 SBA  Address 135BueNeTT DR  Term  Security  Amount  1 DuRANEo RENOINC AoVAL 146,008  LOAN  Oath of Applicant Prinysignature  declare underpgnalty of perury that this appliçation and all attachments are true. correct  Authorized Sigrayle  -  and complete to the! best of my knowledge,  Title  Dale  COMHE S.Kaay GUNEE/ApELAE 9Mlaal    13.1  U  DRE 8404 (01/22/20)  Application Documents Checklist and Worksheet  Instructions: This checklist should be utilized to assist applicants with filing all required documents for licensure. All documents must bep properlys signed and correspond with ther name oft the applicant exactly. All documents must bet typed or legibly printed. Upon final State approval the license will ber mailed to the local licensing authority. Application fees are  nonréfundable. Questions? Visit: ww.colboadegowentoremenllguorfor: more information  Items submitted, please check all appropriate boxes completed or documents submitted  Applicant information A. ApplicanlLicensee identified C. License type or other transaction identified E. All sections of1 the application need to be completed  B. State sales tax license number listed or applied for at time of application *  D. Return originais to local authority (additional items may be required by the local licensing authority) F. Master file applicants must include the Application for Master Filei form DR 8415 and applicable fees to this B. Dimensions included (does not have to be to scale). Exterior areas should show type of control (fences,  Retail License Application A. No larger than 8 1/2"X11" walls, entrylexit points, etc.) C. Separate diagram for each floor (ifr multiple levels) D. Kitchen - identified if Hotel and Restaurant E. Bold/Outlined Licensed Premises II. Proof of property possession (One Year Needed)  I, Diagram of the premises  A. Deed in name of the applicant (or) (matching question #2) date stamped /f filed with County Clerk C. Lease assignment int the name oft the applicant with proper consent from thel landlord and acceptance byt the applicant A. Complete DR 8404-1 for each principal (individuals with more than 10% ownership, officers, directors, B. Fingerprints taken and submitted to the appropriate Local Licensing Authority through an approved state vendor. Do not complete fingerprint cards prior to submitting your application. IdentoGO FAQs: ntps/ww.COloradogowpaciocbicentufncaton-ags VColorado Fingerprinting-ntpwwwcolcracoingepprinung.com Appointment Scheduling Website: nttp:www.coloradolingerpnnting.com/cabs Phone: 720-292-2722 Toll Free: 833-224-2227 C.F Purchase agreement, stock transfer agreement, and/or authorization to transfer license D.L Listo of all notes and loans (Copies to also be attached) V, Sole proprietorhusband and wife partnership (if applicable) B. Copy of State issued Driver's License or Colorado Identification Card for each applicant VI. Corporate applicant information (if applicable) A. Certificate of Incorporation B. Certificate of Good Standing C.Certificate of Authorization if foreign corporation (out of state applicants only) VII. Partnership applicant information (if applicable) A. Partnership Agreement (general or limited). B.C Certificate of Good Standing A. Copy of articles of organization B. Certificate of Good Standing C. Copy of Operating Agreement (if applicable) D. Certificate of Authority iff foreign LLC (out of state applicants only) Complex licenses when included with this application B. Individual History Record (DR 8404-1) C.If owner is managing, no fee required  B. Lease in the name oft the applicant (or) (matching question #2) D.Other agreement ifr not deed or lease. (matching question #2) IV. Background information (DR 8404-1) and financial documents  partners, members) The Vendors are as follows: VdentoGO - ps/venolcencgecum Phone: 844-539-5539 (toll-free)  A. Form DR 4679  VIII. Limited Liability Company applicant information (if applicable)  IX. Manager registration for Hotel and Restaurant, Tavern, Lodging & Entertainment, and Campus Liquor  A. $75.001 fee  2    13,1  7  DR 8404 (01/22/20) Name  Type ofLicense  Account Number  piRifs MMESY 7. Ist the applicant (including any oft the partners ifap a. Been denied an alcohol beverage license? b.1 Had an alcohol beverage license suspended orr revoked? lfyous answered yest to 8a, bor C, explaini in detail on a separate sheet. -preceding two years? If"yes", explain in detail.  EREFRGOL  partnership; members orr managers ifal limitedi liability company; or officers,  Yes No  stockholders or directors ifac corporation) orr managers under the age oft twenly-one years? stockholders or directors ifa corporation): orr managers ever (in Colorado ora any others state): c. Hadi interest ins another entityt that had ana alcohol beverage license suspended or revoked?  8. Has the applicant (including any oft thep partners ifap partnership; members or managers ifai limited lability company; or officers,  9. Has a liquor license application (same license class), that was located within 5001 feet of the proposed premises, been denied within the 10. Arei the premises tol be licensedi within 5001 feet, of any public ar private schooit that meets compulsory education requirements of  B  Colorado law, or the principal campus ofa any college, university or seminary?  Waiver by local ordinance? D  Other:  11. Is) your Liquor Licensed Drugstore (LLDS) cr Retaill Liquor Store (RLS) within 15001 feet of another retail liquorl licensei for off-premises sales ina a jurisdiction with a population ofg greater than ()1 10,0000? NOTE: The distance shall be determined by a radius measurement that begins at the principal doorway of the LLDS/RLS premises for which the applicationi is being made: and ends att the principal door- 12. isy your Liquor Licensed Drugstore (LLDS) or Retaill Liquor Store (RLS) within 3000 feet of another retail liquori licensef for off-premises sales Ina aj jurisdiction with a population ofl lesst than (<) 10,0000? NOTE: The distance shall be determined by a radius measurement that begins att the principal doorway of the LLDS/RLS premises for which the applicationi is being made and ends att the principal 13 a. Fora additional Retaill Liquor Store only. Was your Retaill Liquor Store Licensel issued on or before, January 1, 2016?  way oft the Licensed LLDS/RLS, doorway of the Licensed LLDS/RLS. 13 b.Arey you: at Colorado resident?  D A - D  14. Has al liquor or beer license ever been issued tot the applicant (including any of the partners, ifa partnership; members or manager ifa Limited Liability Company; or officers, stockholders or directors ifa corporation)? Iy yes, identify the name oft the business andi list any 15. Does the applicant, as listed oni linez 2oft this application, have legal possession of the premises by ownership, leased ord other a.lfleased, listr name ofi landlord: and tenant, and date ofe expiration, exactly asi they appear on thel lease: b.Isa a percentage of alcohols sales included as compensation tot thel landiord? H yes, complete question 16.  current financial interesti ine said business including any loans to orf from al licensee.  arrangement? Landlord  Ownership a Lease - Other (Explain in! Detail), CHRIS HAMILTON  Tenant  Expires 8/5/2034  CONMIE RUOAN  C.A Attacha a diagram that designates the areat to! be licensedi in! black bold outline (including dimensions) which shows the bars. brewery, walils, partitions, entrances, exits and what each room shall be utilized fori int this business. This diagram should be nol larger than 8 1/2"X11". 16. Who, besidest thec ownersi listedinthis applicationt (Includingpersons, firms. partnerships, corporations. limitedli liability companies)willoand org giver money, inventory, fumiture ore equipment to orf for use int this business; orv who will receive money from this business? Attach as separate sheeti if necessary.  Last Name Last Name  First Name First Name  Date of Birth FEIN or SSN Date of Birth FEING or SSN  intereslPercentage) InteresVPercentage)  Attach copies of all notes and security Instruments and any written agreement or details ofa any oral agreement, by which any person (including partnerships, corporations, limited liabillty companies, etc.) will sharei in the profit or gross proceeds oft this establishment, and any agreement relating to the business which is contingent or conditional ina any way by volume, profit, sales, giving of advice or consultation.  17, Optional Premises or Hotel and Restaurant Licenses with Optional Premises: Has a local ordinance or resolution: authorizing optional premises been adopted?  DE  Number of additional Optional Premise areas requested. (See license fee chart)!  18. For the addition ofa Sidewalk Service. Area per Regulation 47-302(A)(4), include a diagram oft the service area and documentation received from the local goveming body authorizing use oft the sidewaik. Documentation may include buti ist not limited to as statement of use, permit, easement,or  other legal permissions. "yes"a copy ofl  19. Liquor Licensed Drugstore (LLDS) applicants, answer thei following:  a.Is there: aj pharmacy, licensed byt the Colorado Board of Pharmacy, located within the applicant's LLDS premise?  license  DB  must! be attached.  3    13.1  8  DR8 8404 (01/22/20) Name  Type ofL License RETAIL Liquog SISRE  Account Number  SRRIT INTHESKY BEEziW WINE, LIC  20. Club Liquor License applicants answeri the following: Attach a copy of applicable documentation object ofap patriotic ori fratemai organization or society, butr noti for pecuniary gain? 21. Brew-Pub, Distillery Pub or Vintner's Restaurant applicants answer the following: 22, Campus Liquor Complex applicants answer thet following: a. Is the applicant ani institution of higher education?  Yes No D D0 D0 D0  a. Is the applicanto organization operated solely forar national, social, fraternal, patriotic, political ora athletic purposes andr not for pecuniary gain? D b. Is the applicant arganization. ar regularly chartered branch, lodge or chapter ofar national organization whichi is operated solely for the d. Has applicant occupied ane establishment: for threey years (Ihreey years required) that was operated solely fort the reasons stateda above? DD  c. How long! has the club been incorporated?  a. Has the applicant received or applied for a Federal Permit? (Copy of permit or application must be attached) b. Is the applicant a person who contracts with thei institution of higher education top provide food services?  IF"yes" 23. For allo on-premises appliçants. Individual History Record -DR 8000 and fingerprints. Last Name of Manager  a  please provide copy of the contract with the institution of higher education to provide food services.  a. Hotel and Restaurant, Lodging and Entertainment, Tavem License and Campus Liquor Complex, thei Registered Manager must also submita an DR 8404-1 and fingerprint submitted to approved State Vendort through the Vendor's website. See application checklist, Section IV, for details.  b.For all Liquorl Licensed Drugstores (LLDS) the Permitted Manager must also submit an! Manager PermitA Application  First Name of Manager  24. Does this manager acta ast the manager of, or have a financiali interest in, any otherl liquor licensed establishment int the State of  Yes No  Colorado? Ifyes, provide name, type ofl license anda account number. 25. Related Faciity Campus Liquor Complex applicants answer the following: a. Ist the related facility located within the boundaries oft the Campus Liquor Complex? lfyes, please provide a map of the geographical location withint the Campus Liquor Complex. Ifno, this! license typei is not available fori issues outside the geographical location oft the Campus Liquor Complex. b. Designated Manager for Related Facility- Campus Liquor Complex  Last Name of Manager 26. Tax Information.  First Name of Manager  Yes No a  a. Has the: applicant, including its manager, partners, officer, directors, stockholders, members (LLC), managing members (LLC), or any D other person a 10% or greater financial interesti int the applicant, been foundi in final order ofat tax agency tob be delinquent in the b.H Has the applicant, including its manager, partners, officer, directors, stockholders, members (LLC), managing members (LLC), ora any D a other personwitha 10% org greatert financial interest int the applicant failedt to pay any fees or surcharges imposed pursuant los section 27. Ifapplicant is a corporation, partnership, association orl limited liability company, applicant must list all Officers, Directors, General Partners, andi Managing Members. In addition, applicant must lista any stockholders, partners, or members with ownership of 10% or more int the applicant. All persons listed below must also attachf form DR 8404-1 (Individual History Record), and make an appointment with an approved  with  payment ofa anys state ork local taxes, penalties, ori interestr related to al business?  44-3-503, C.R.S.?  State Vendor through their website. See application checklist; Section IV, for details.  Name Name Name Name Name  Home Address, City & State Home Address, City & State Home Address, City & Staté Home Address, Cily & State Home Address, City & State  DOB DOB DOB DOB DOB  Position Position Position Position Position  %0wned %Owned %Owned %Owned %Owned  **Ifa applicant is owned 100% bya a parent company, please listt the designated principal officer on above. * Corporations- the President, Vice-President, Secretary and" Treasurer must be accounted for above (Include ownershipp **Ift total ownership percentage disclosed here does nott total 100%, applicant must check this box:  percentage ifa applicable)  Applicant affirms that noi individual other than these disclosed herein owns 10% orr more oft the applicant and does not have financial interesti ina  prohibited liquor license pursuant to Article 3or5 5, C.R,S.  4    13.1 9  DR8404 (01/22/20) Name  ANP Oath OFA Applicant  Account Number  ALr IM THE SKYWiNE BEER  ETsEat  Ideclare under penalty ofp perjury int the second degree that this application anda alla attachments are true, correct, and complete tot thet best ofmy knowiedge. lalso acknowledge thati itisr my responsibillty and the responsiblity ofr my agents ande employees to comply with the provisions oft the  Coloradol Liquor or Beer Code which affectr myl license.  Authorized Sgnatyss E Date application filed with local authority 9-13.21 Fingerprinted  Printed Name and Title Local Approval of  Date,  CANNIE Lumanl OUNER- MALeZ 9/8la  Report and  Licensing Authority (City/County)  Date oflocalauhorityl hearing (for new! license applicants; cannot be! less than 300 days fromo date ofapplication)  Thel Locall Licensing Authority Hereby Affirms thate each person required tof fle DR 8404-I(Individual History! Record) ora DR 8000 (Manager Permit, has That the local authority has conducted, ori intendst to conduct, ani inspection oft the proposed premises to ensuret that the applicant isi inc compliance with  been:  Subject to background investigation, including NCIC/CCIC check for autstanding warrants  and aware of, liquor code provisions affecting their class ofl license Date ofi inspection ora anticipated date 9-10-2/ Will conduct inspection upon approval ofs state licensing authority premises sales in aj jurisdiction with a population of> 10,0000? premises sales ina a jurisdiction with a population of <1 10,0000? from the sale off food, during the prior twelve (12) month period?  (Check One)  Ist the Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 1,5001 feet of another retail liquor license for off- Ist the Liquor Licensed Drugstore(LLDS) or Retaill Liquor Store (RLS) within 3,000 feet ofa another retail liquor license for off- NOTE: The distance shall be determined by a radius measurement that begins att the principal doorway oft the LLDS/RLS premises for which the application is being made and ends att thep principal doorway oft the Licensed LLDS/RLS. Does the! Liquor-Licensed: Drugstore (LLDS) have atl least twenty percent (20%) oft the applicant's gross annuali income derived Thei foregoing application has been examined; and the premises, business tol be conducted, and character oft the applicant ares satisfactary. We do report that such license, ifg granted, will meet the reasonable requirements oft the neighborhood and the desires oft thea aduit inhabitants, and will comply  Yes No D a DA  with the provisions ofl Title 44, Article 4 or3,C.R.S., and Liquor Rules. Therefore, this application Is approved.  Locall Licensing Authority for Signature Signature  Telephone Number  Town, City County  Print Print  Title Title  Date Date  5    13,1  10  OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO  CERTIFICATE OF FACT OF GOOD STANDING I,J Jena Griswold, as the Secretary of State of the State of Colorado, hereby certify that, according tot the  records of1 this office,  SPIRITS INTHE SKY WINE ANDI BEER: LLC  isa  Limited Liability Company  formed or registered on 08/06/2021 under the law of Colorado, has complied with all applicable requirements oft this office, and is in good standing with this office. This entity has been assigned entity This certificate reflects facts established or disclosed by documents delivered to this office on paper through 09/09/2021 that have been posted, and by documents delivered to this office electronically through Ihave affixed hereto the Great Seal oft the State of Colorado and duly generated, executed, and issued this official certificate at Denver, Colorado on 09/13/2021 @ 10:05:23 in accordance with applicable law.  identification number 20211729304.  09/13/2021 @ 10:05:23.  This certificate is assigned Confirmation Number 13434721  26  denaHuounkb Secretary of State ofthe State of Colorado  10  End ofCertificate  Notice: A certificate issued electronically from the Colorado Secretary af Slate's Web site i fully and immediatek: valid and effective. However, as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Validate a comfirmation number displayed on the certificate, and following the insiructions displayed. Contirming the issancedi acertilicate. is meres ouional and is not necessart. lo the_valid and ellective issuance ol a cerlificate. For more informalion, visit our Web site, hip:!  Certificate page of the Secretary of State's Web. site, Atpsmpw state. co, Certific SaS state. click "Businesses, trademaris, trade nanes" ands select "Frequently Asked Questions."  entering the certificute's    13,1 )  Colorado Secretary of State ID#: 20211729304 Document #: 20211729304 Filed on: 08/06/2021 05:15:15 PM Paid: $50.00  Articles of Organization for a Limited Liability Company filed pursuant to $ 7-90-301 and $ 7-80-204 oft the Colorado Revised Statutes (C.R.S.)  The domestic entity name of thel limited liability company is SPIRITS IN THE SKY WINE. ANDI BEERI LLC  Thej principal office street addressi is 18398 HIGHWAY 1451 UNIT B  DOLORES CO81323 US  The principal office mailing address is 183981 HIGHWAY 145 UNITB  DOLORES CO 81323 US  The name oft the registered agenti is CONNIE SUE RYMAN The registered agent's street addressi is 121 GREEN WALD WAY  EVERGREENG CO80439 US  The registered agent's mailing addressi is 121 GREEN WALD WAY  EVERGREEN CO 80439 US  The person above has agreed to be appointed as the registered agent for this limited liability company.  The management of thel limited liability company is vested in Members There is at least one member oft the limited liability company.  Person(s) forming thel limited liability company CONNIE SUEI RYMAN 121 Greenwald Way Evergreen CO 80439 US  Causingt this document tol be delivered to the Secretary of State for filing shall constitute thes affirmation or acknowledgment of eachi individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or thatt the individual inj good faith believes the document is thea act and deed oft the person on whose behalfthe individual is causing the    13,1  12  applicable, the constituent documents, and the organic statutes, and that thei individual in good faith believes the facts statedi in the document are true andt the document complies with ther requirements oft that Part, the constituent documents, and the organic This perjury notice applies to eachi individual who causes this document tol be delivered to the secretary of state, whether or not  statutes.  such individual is named int the document as one whol has caused it tol be delivered.  Name(s) and address(es) of thei individual(s) causing the document tol be delivered fori filing  CONNIE SUE RYMAN 121 Greenwald Way Evergreen CO 80439 US    13,1 13  THIS LEASE AGREEMENT is entered into this 1 day of December, 2021 between Puett SP, LLC, hereinafter referred to as Lessor, and Spirits int the Sky Wine & Beer, LLC, hereinafter  referred to as Lessee.  RECITALS  A. Lessor owns Lot A DRI subdivision, as described on1 the Plat ofrecord, recorded in Book 19 at Page 38 in the records of the Clerk and Recorder of Montezuma County, int the town of Dolores, County of Montezuma (hereafter referred to as the B. The building on the Premises was originally used as a convenience store, then a restaurant. It contains fixtures and personal property, like refrigeration equipment, including multiple walk-in coolers, several doors, shelving, and the like that Lessee The Lessee plans to open and run a liquor store and a novety/convenience store in the Premises. Itis in the interest of both parties that the new concept succeed sO while this lease begins with the parties' signatures, the obligation to pay rent does not begin until business opens or April 1, 2021 whichever is first. NOW THEREFORE, in consideration of the covenants and agreements of the parties, and subject to the terms and conditions hereinafter set forth, Lessor leases to Lessee the Premises  "Premises").  plans to use in its business (hereafter the "Personal Property").  and the Personal Property.  1. Term. The lease shall commence on December 1, 2021. The initial term shall be five years, ending December: 1, 2026. Beginning December 1, 2026, the Lease shall automatically renew for four (4) successive 3-year terms unless terminated by either party in  accordance with paragraphs below.  2.  Rental. Beginning the first month during which Lessee is open for business to  the public or April 1, 2022 whichever is earlier, Lessee shall pay rent of $2,000 per month as base rent. As additional rental, Lessee shall pay all expenses associated with the Premises, including but not limited to all property taxes or other taxes assessed against the Premises together with the costs of casualtyi insurance, and all maintenance associated with the Premises other than maintenance of the roof and exterior walls. The parties intend this to be a triple net lease with the exception of Lessor's maintenance obligations for roof and exterior walls. Att the time of each renewal, beginning in December of 2026, the rental shall be changed up or down to market. Within 30 days of Lessee informing Lessor of its intent to renew the lease the parties shall attempt to negotiate a new rent. Ifthey are not able to agree, the parties shall agree on an appraiser, who shall determine market rent for the space. The costs of the appraiser, if needed, shall be split between the parties. Each succeeding year, rental shall be increased or decreased in proportion to any increase or decrease in the cost-of-living, as measured by the United States Department of Labor's Urban Consumer Index, all items, or the most nearly comparable index. The months for comparison shall be April of each year. Ifthe figures are not then available, the amount of change may be estimated and corrected by either  1    13.1  14  party when the figures become available. Acharge of $50 will be assessed for each payment received after the 10th of any month. A charge of$25 will be assessed for any check returned  for insufficient payment.  3.  Improvements and Maintenance. The space shall be leased in an "as-is"  condition. During the first twelve months of this lease, Lessor shall pay one half oft the cost of repairs to cooling equipment. During the remaining term oft this lease, Lessee shall maintain the Premises and Personal Property in good condition at Lessee's sole expense.  4  Mechanics liens and Plans. Prior to commencing any construction or remodel,  rough plans shall be submitted to Lessor for approval, which shall not be unreasonably withheld. Prior to commencement of construction, Lessees shall post notice of Lessor's non- liability for mechanic's liens, in compliance with the Colorado statutes. No structural changes are being made or will be made. No mechanic's liens will be permitted as a result of this or other construction unless there is a good faith dispute by Lessees oft the amounts claimed, in  which case, Lessee shall post a bond to protect Lessor's interest.  5.  Utilities. Lessee shall pay the costs of all utilities provided to the Premises,  including but not limited to electricity, telephone, water, trash removal, and gas, commencing  with the start date oft this lease.  6. Triple Net. This shall be a triple net lease with the exception of Lessor's obligation to maintain the roof and exterior walls and cooling system repairs set forth above. Lessee shall pay all costs of taxes, casualty and liability insurance, maintenance, and any other expenses related toi the Premises. Lessee shall keep the Premises in good condition,  maintaining all systems, interior spaces, and exterior spaces.  7.  Compliance with laws. Lessees will comply with all ordinances of the Town of  Dolores and all statutes of the State of Colorado, pertaining to Lessees' occupancy: and use of  the Premises. Ail sales taxes shall be promptly paid.  8.  Assignment. This lease may be assigned, in whole ori in part, only with the  written permission of Lessor, which will not be unreasonably withheld. IfLessee's business model isn't viable, Lessor will work with Lessee to find a new tenant to take overi the space and will not unreasonably withhold consent to the assignment of this lease to the newi tenant. at the end of any extended term by providing written notice of termination at least thirty days before the end oft the term. On termination of the lease, unless Lessor agrees in writing otherwise, all Personal Property and all interior walls and flooring shall be repaired and restored to rentable condition. Improvements installed by Lessee and permanent trade fixtures, such as bathrooms, showers, lighting fixtures, flooring and walls, shall not be removed unless they would be an impediment to the next likely tenant, and then, only upon request by  9.  Termination. Lessee may terminate this lease at the end of the initial term and  Lessor. 2    13.  14  10. Default. Ini the event Lessee defaults in any oft the obligations herein undertaken, Lessor shall give Lessees written notice specifying the nature of the default. The notice shall be delivered to Lessees or one of their employees or agents on the Premises, or if none, shall be posted on the front door. If the default is not cured within a 15-day period, the lease shall terminate. Lessees shall surrender possession forthwith, and shall be liable for future rentals, subject to Lessor's obligation to use reasonable efforts to re-lease the Premises. This lease shall automatically terminate should Lessee or their successor file bankruptcy.  11. Insurance. Lessee shall maintain appropriate casualty and liability insurance policies on the Premises and shall cause Lessor to be named as an additional insured. In case of casualty, proceeds related to the structure, fixtures or property owned by Lessor shall be paid to Lessor. Proceeds related to Lessee's personal property shall be paid to Lessee. Ifthe insurance proceeds are sufficient to repair any damage, Lessor will repair the damage, with rentals to abate during any period Lessees are unable to use the Premises. Ifrepairs are not practicable, then the lease shall terminate at the option of either party, with the rentals to be  prorated to the date oft the fire or casualty.  12. Lessor's Liability Lessor shall not be liable for any! loss of damage occasioned by the acts or omissions of other owners or tenants occupying the surrounding premises, or for loss resulting from leaking water, gas, sewer, sprinkler, or other systems, or from any failure or  defect in any utility line or facility.  13. Maintenance. Lessees shall keep the leased Premises, including windows and exterior areas appurtenant to the space, in clean, safe, and sanitary condition. Lessees will maintain, in good repair, the interior of the building, including lighting fixtures, wall finishes, flooring, heating and cooling equipment (whether installed on thei interior or exterior), plate glass and doors, whether interior or exterior, and Lessees agree to repair all damage to the interior of the building which may occur from time to time, excepting loss by fire or other risk  paid for by the insurance policy purchased by Lessee.  14. Quiet Enjoyment If reasonably requested by Lessor, Lessee shall provide Lessor with a key to the Premises, which shall be marked "Do Not Duplicate." It shall not be a violation of the covenant of quiet enjoyment for Lessor or Lessor's agents to access the premises to perform needed maintenance tasks. In case of any such access Lessor shall make reasonable efforts to contact Lessee beforehand. All obligations of either party in this Lease are contingent on Lessor closing on the purchase of the Premises. Ift the closing does not happen for any  reason, this agreement shall be null and void and of no further effect.  15. Security Interest. Lessee hereby grants Lessor a security interest in and to the equipment and fixtures used by Lessee on the premises. The security interest shall: secure all of Lessee's obligations in this lease. Lessor shall be entitled to perfect the security interest at any  time.  3    13.1  15  16. Construction The terms and conditions oft this Agreement: shalll be construed, interpreted and enforced in accordance with the applicable laws oft the State of Colorado. Ifany legal action is necessary to enforce the terms and conditions of1 this Agreement the parties agree that the jurisdiction and venue for bringing sucha action shall be ini the appropriate court in Lal Plata County, Colorado. In case of any litigation, the prevailing party shall be entitled to reasonable attorney's fees and costs, such fees and costs to include charges by Chris Hamilton if he represents Lessor. This Agreement's final form resulted from review and negotiations among the parties and their attorneys, and no part of this Agreement shall be construed against any party on the basis of  authorship.  17. Waiver. No failure by either party to exercise any right it may have shalll be deemed to be a waiver oft that right or of the right to demand exact compliance with the terms of  this Agreement.  Executed this Sipeio December, 2021. CiPhe Chris Hamilton, as Manager Of Puett SP, LLC  A  As Owner/Manager of Spirits int the Sky, LLC  Ihereby unconditionally guaranty all obligations of Spirits ini the Sky related to this Lease  A  &  4    /3.1  ILo  SPECIAL WARRANTY  DEED  THIS DEED is dated October 25, 2021, and is made between Dolores River Investors, LLC, a Colorado (whether one, or more than one), the "Grantor", oft the County of) Montezuma and State of Colorado, and Puett SP,LLC (whether one, or more than one), the "Grantee," whose legal address is 178 Canyon Creek Trail, WITNESS, that the Grantor, for andi in consideration ofthes sum ofTen Dollars and other good and valuable consideration ($10.00), thei receipt and sufficiency of which isl hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, not in Tenancy in Common, buti in Joint' Tenancy, all the real property, together with anyi improvements thereon, located int the. County ofMontezuma Lots A and B, DRI Subdivision, Town ofl Dolores, as per the plat thereoffiled for record July 20, 2017i inl Book 19 at Page 38 and Affidavit of Correction recorded August 4, 2017 under Reception Number 612591 ini the office of  Limited Liability Company  Durango, Colorado 81303 County of La Plata State of Colorado  and State ofColorado, described asi follows:  the Clerk and Recorder. County ofMontezuma State of Colorado.  also known by street address as: 18398 and 184001 HWY 145 Dolores, CO 81323  and assessor's schedule or parcel number: 535911301001  TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, TO HAVE. AND' TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee andt the Grantee's heirs and assigns forever. The Grantor, for the Grantor andi the Grantor's heirs and assigns, does covenant and agree that the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises, but not any the! heirs and assigns oft the Grantee, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor except ands subject thet following matters: Reservations by prior grantors of alloil, gas andi minerals; Taxes and assessments for the year 2021, a lien noty yet due or payable; Distribution utility easements, including cable' T.V., Those specifically described rights ofthird parties not shown by the public record of which buyer has actual knowledge; Inclusion ofthe property within any special taxing district; and special assessments! ifthei improvements were not installed as ofthe date of purchase agreement, whether assessed prior to closing or not; Subject to Statutory Exceptions as definedi in CRS 38-30-113(5)  with thel hereditaments and appurtenances;  adjoining vacated: street or alley, ifany, in the quiet and peaceable possession ofthe Grantee and  IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above.  PEK  Carol A. Stepe, Member  Oialgs Patricia Yauger, Membe  COUNTY opmtena ) STATEOF CHraao  )ss. )  The foregoing instrument was acknowledged before me ahlye of Auarof ,202,    13.1  17  Arotary public or othecplice completiog Chiec certificale verifios only te identity ef wwhes signed the dooument to F thie oeRC le attached, and not the truthfulness, acouracy, OP validity efthat document.  the  State of Coblornia County RDersble  The foregoing instrument was acknowledged before me dlh dayo of NolaubeL2021  By John D. Yauger and Patricia Yauger, Members of Dolores River Investors, LLC  Witness my hand and official seal JAMIE MARIE WILLIAMSE COMM.! 2358579 HOTARYP PUBLIC-CALFONNA 9 RNERSIDE COUTY MY CON, Ei. MAY 29, 20257  ams  Gpaictahll  NoyiryPublic  My commission expires: May?3 2025    13,1  18  F    Dolores, Colorado) Esf 10  Meeting Date: February 14, 2022 AGENDA DOCUMENTATION ITEM 13.2  Discussion and Possible Action  TO: TOWN OF DOLORES MAYOR &TRUSTEES  FROM: KEN CHARLES INTERIM TOWN MANAGER  SUBJECT: DISCUSSION AND POSSIBLE. ACTION CONCERNING SECOND READING OF ORDINANCE 557 SERIES 2022 REPEALING AND REENACTING ARTICLES OF THE  DOLORES LAND USE CODE (LUC) AND MUNICIPAL CODE  PURPOSE AND BACKGROUND  Ordinance 5571 repeals and reenacts the current Land Use Code except for those articles reenacted by The action tonight will bei the Second Reading to adopt the full LUC. First] Reading was unanimously approved at the. January 24, 2022 meeting. In previous action in December of 2021 the town board approved Ordinance 556. Articles V.J pertaining to ridgeline hazard standards of the Dolores LUC andi is replaced with the revised Article V.1,1 Hazardous andl Environmentally Sensitive Areas and Article VI pertaining to procedures of the Dolores LUC: is repealed and reenacted with the revised Article VI Procedures. Ordinance 557: repeals and reenacts the remaining articles of the current LUC. This is the culmination of ai two-year effort to update the current code. There have been over fifty public meetings during the update process beginning with the kick-off meetings held in 2019. The town held two open houses for the public on January 6th and 7th. Full copies of the draft LUC were also made availablet to the public at town hall and at the Dolores Library. Articles and/or notices were made in the Cortez. Journal Comments and questions by the public and from trustees have been addressed by staff. The town has At the regular scheduled meeting on. January 11, 2022, the Dolores Town Planning and Zoning  Ordinance 556.  and the Dolores Gazette.  received no new comments since the. January 24 meeting.  Commission took the following action:  Motion for recommending adoption oft the Revised Land Use Code:  Chairperson Robinson moved and Commissioner Truelsen seconded that Planning and Zoning Commission has held aj public hearing for adoption oft the Revised Land Use Code, which notice for the hearing was published as required, comments were submitted, and response was made, and no comments were made at this hearing. Therefore, thel Planning Commission recommends the current draft bei forwarded  to the Board ofTrustees to be considered for adoption.  The roll call vote was: No: none  Yes: Truelsen, Powell, Robinson, Heeney and Tucker  420 Central Ave, P o Box 6301 Dolores, CO.81323 Ph. 970-882-7720 fax. 970-882-7466 https:!! omoldolbiescolomsogny    13,2  Dolores, Colorado) Fa 150)  FISCALI IMPACT None  RECOMMENDATIONS Second Reading.  Unless there are. issues developed fromi thej public hearing, it is the recommendation oft the Town Manager and the Planning and Zoning Commission that the mayor and board oft trustees approve Ordinance 5570 on  Attachments: Link to DraftLUC: Ip/DOMTOIdDIOTEs.cOoradospVpoecs  420 Central Ave, POBox 6301 Dolores, CO. 81323 Ph. 970-882-7720: fax. 970-882-7466 https!! lompoltlolbuescalomdogow    13,2 /  TOWN OF DOLORES BOARD OF TRUSTEES PUBLIC: HEARING FOR  Ordinance #557 Series 2022, An Ordinance Repealing and Reenacting  Portions ofThe Dolores Land Use Code  NOW, THEREFORE, BE IT KNOWN, that noticei is hereby given ofa Public Hearing before the Dolores Board of Trustees at 6:30 P.M. on Monday February 14, 2022 Inj person at 420 Central Ave or by virtual link provided on the town website hodtassstmss  government tab.  Whereas section pursuant to C.R.S. 31-23-301 the Town of Dolores possesses the authority to zone: rezone change supplement and revise the zoning classifications or designation of property and to regulate land uses Whereas the town has previously adopted al land use code addressing zoning and land use within the Towns boundaries as set forth in Article 17 of thel Dolores Municipal Code. And previously amended said land use code by Ordinance 556 on December 13 2021 with the adoption ofi repeal and replacement of Article V. Iarticle VI and ArticleIX  within the town. And  Whereas the ordinance will provide a complete updated Land Use Code which will provide standards and guidance for development and uses within the corporate limits of the Town ofDolores that reflect the common A Draft oft this ordinance is available to view on the Town Website  interests and values of the community.  htps/townordolores.colorado.gov/ Ify you cannot attend the public hearing, all comments shall  bei in writing to  Town of Dolores, P.O. Box 630, Dolores, CO or 420 Central Avenue, Dolores, CO81323 or by email to Tammy@townotdolores.com Done this 26th day of. January 2022  /s/ Tammy Neely, Town Clerk Publish in the-Journal Wednesday  February 2, 2022    13.2  2  TOWN OF DOLORES, COLORADO ORDINANCE NO.! 557 SERIES 2022  AN ORDINANCE REPEALING AND REENACTING PORTIONS OF1 THE DOLORES LAND USE CODE WHEREAS, pursuant to C.R.S.531-23-301, the Town of Dolores ("Town") possesses the authority to zone, rezone, change, supplement, and revise the zoning classifications or designation of property and WHEREAS, the Town is authorized by C.R.S. $31-23-301 to regulate zoning and land use within the Town's boundaries, and the Town has in fact adopted a comprehensive zoning scheme. WHEREAS, the Town has previously adopted al Land Use Code addressing zoning and land use within the Town's boundaries as set forth in Article 17 of the Dolores Municipal Code. WHEREAS, the Town is currently undergoing: a comprehensive review and revision ofi its adopted Land WHEREAS, on December 13, 2021, the Town adopted Ordinance 556, amending parts of the Dolores Land Use Code as follows: (1) repealing and reenacting Article VJ as Article V.1, (2) repealing and reenacting Article VIe exception for Section' VI.O, (3) renumbering Section VI.O as Article IX, and (4) WHEREAS, the revisions toi the Dolores Land Use Code attached hereto, and those adopted by Ordinance 556 on December. 13, 2021, represent the product of many! hours of hard work by the Planning and Zoning Commission with the assistance of Elizabeth Garvin, a consultant funded by a grant fort this purpose, over the course of nearly 18 months with numerous opportunities for public input and WHEREAS, after publici notice and final publich hearing on. January 11, 2022, as required by the Dolores Land Use Code and applicable law andi regulations, the Town of Dolores Planning and Zoning Commission has recommended approval of proposed changes to oft the remaining provisions of the WHEREAS after public notice and public hearing, the Town of Dolores Board of Trustees finds that the proposed amendments to the remaining provisions oft the Town of Dolores Land Use Code promote the health, safety and welfare and are int the besti interests of the citizens oft the Town of Dolores and: should WHEREAS, the Board of Trustees wish to exercise its express statutory authority to amend the Town of NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF DOLORES: SECTION1 1. Except as previously modified by Ordinance 556 on December 13, 2021, the Dolores Land Use Code is repealed andi reenacted as set forthi in the revised Land Use Code attached hereto and  tor regulate land uses within the Town.  Use Code.  repealing Article I.1 and relocating the same int the: amended. Article' VI.  comment.  Dolores Land Use Code as attached hereto.  be adopted.  Dolores Land Use Code as set forth herein.  incorporated herein. 1Page    13.2  3  SECTION2. Article V.I, Article VI and Article IX amended by Ordinance 558 on December 13, 2021 shall SECTION 3. If any section, paragraph, clause, or provision of this Ordinance shall for any reason be held to bei invalid or unenforceable, the invalidity or unenforceability of any such section, paragraph, clause  remain inf fulli force and effect.  or provision: shall not affect any oft the remaining provisions of this Ordinance.  SECTION 4. This Ordinance shall take effect publication whichever is later.  ort thirty (30) days after final  PUBLIC HEARING. This ordinance shall be considered for second or final reading. on the, which time and place all persons may appear and be heard concerning the same. Passed adopted and approved on the first reading this. January 24, 2022.  day of  2022, int the Town Board Chambers in Town Hall, Dolores, Colorado, at  DOLORES BOARD OF TRUSTEES:  By:  Attest:  By:  Passed adopted and approved on the second and final reading this  day of  2022.  DOLORES BOARD OF TRUSTEES:  By:  Attest:  By:  2/Page    13.3  Dolores, Colorado) Eat 1000  Meeting Date: February 14, 2022 AGENDA DOCUMENTATION ITEM 13.3 FROM: KEN CHARLES INTERIM TOWN MANAGER  Discussion and Possible Action  TO: TOWN OFI DOLORES MAYOR &TRUSTEES  SUBJECT: DISCUSSION. AND POSSIBLE ACTION CONCERNING SECOND READING OF ORDINANCE 558 SERIES 2022 ANNEXING CERTAIN TOWN OWNED! PROPERTYTOTHETOWN  AND ZONING SUCHI LANDS. PURPOSE AND BACKGROUND  When the town began working on the on the purchase oft the Harris propertyi in 2021, the plan was to acquire the 37- acre parcel and annex it to the town along with three parcels to the north and east oft thel Harris property that the town has owned for several years, but is presently outside oft the town' 's boundary. Once thel Harris property was surveyed it was found to already be inside the town's boundary. This still leaves these parcels identified on thei mapi providedi in your packet tol be annexed and receive a zoning designation. Thej properties were acquired at various times int thej past beginning in 1982 and later in 2001. Total acreage is 52.3 acres. The total town owned land inside thei new town boundary andj primarily consisting oft the steep cliffs with the 52.3 acres and the 37-acre Harris property is According to state statute the minimum required contiguous area of the annexed land tol be ai minimum one-sixth contiguity. According to the town's surveyor the property exceeds the one-sixth contiguity test. This brief analysis is This annexation will bring into thet town limits an additional 52.3 acres that the town can now move forward to preserve andi make open space, which was likely the motivation to acquire thej properties. It also gives thet town the ability to add ap portion ofCounty Road 31 to the town street and road system, which in turn allows the town to designate speed and noise control on this section CR 31. Additionally, the annexation will correct aj past survey that left out ai narrow strip of property when those properties were previously annexed to thet town. Thel Planning and Zoning Commission reviewed the: zoning designation options at their. January 11, 2022 meeting and  approximately 140 acres. also in your packet.  passed this motion: Roll call vote: No: none FISCAL IMPACT None RECOMMENDATIONS  Chairperson Robinson moved and Commissioner Powell seconded toi recommend P 1 zoning designation for all public properties on the attached map and toj permit major municipal  infrastructure facilities in that zone.  Yes: Truelsen, Powell, Tucker, Heeney and Robinson  P1 zoning is the most restrictive zone designation ini thei new Land Use Code.  Unless there arei issues developed from the public hearing, iti is thei recommendation oft the Town Manager and the Planning and Zoning Commission that the mayor and1 board of trustees approve Ordinance 557 on Second Reading.  Attachments: Link tol Draft] LUC: tps/townololorescoradosoVpTosss  420 Central Ave, POI Box 6301 Dolores, CO. 81323 Ph. 970-882-7720: fax. 970-882-7466 https:!l lowpolcolurescolomdogow    13.3  TOWN OF DOLORES BOARD OF TRUSTEES PUBLIC HEARING FOR  Ordinance #558 Series 2022, An Ordinance Annexing Certain Town Owned Property To The Town And Zoning Such Lands  NOW, THEREFORE, BE ITI KNOWN, that notice isl hereby given ofa Public Hearing before the Dolores Board of Trustees at 6:30. P.M. on Monday February 14, 2022 In person at 420 Central Ave or by virtual link provided on the town website itps/fownoflolores.colorado.gov,  government tab.  Whereas section 17.04.070 of the Dolores Municipal Code. and section 6.6 ofthe Dolores Land Use Code: reserves to the town all statutory  authority over annexation. And  Whereas Article II Section 30 oft the Colorado Constitution and Colorado Revised Statutes section 31-12-106 authorizes the municipality to annex any unincorporated area owned by said municipality. And  Whereas the effect of this ordinance authorizes the municipality to Annex the unincorporated area on1 the: norther boundary ofthe corporate limits and record such to the Montezuma County Recorder. A Draft of this ordinance is available to view on the Town Website  htps/townofdolores.colorado.gov, If you cannot attend the public hearing, all comments shall  bei in writing to  Town ofDolores, P.O. Box 630, Dolores, CO or 420 Central Avenue, Dolores, CO 81323 or by email to Tmmydtownadorscon Done this 26th day of January 2022  /s/ Tammy Neely, Town Clerk Publish in the-Journal Wednesday  February 2, 2022    13,3 2    13.3 4  Gerald G. Huddleston Registered Land Surveyor  RE: Proposed Town of] Dolores land to be annexed into the Town of] Dolores  The total perimeter oft the areaj proposed to be annexed into the Town ofDolores is approximately 8,871 linear The existing annexed property ini the Town ofDolores that willl be contiguous with the proposed tract tol be Thei ratio of existing area to the proposed perimeter is 3,274 divided by 8,871 = 0.369, expressed in decimal According to C.R.S. 31-12-104 the minimum required contiguous area with the existing annexed property is 1/6 oft the total perimeter of the area to be annexed, or 0.1667 expressed in a decimal format. Therefore, the contiguous area of the proposed tract meets and exceeds the minimum requirements.  feet.  annexed is approximately 3,274 linear feet.  format.  0.369 divided by 0.1667 =2 2.21 or 2.21/6  P.O. Drawer KK, Cortez, CO 81321 - Telephone 9705 5653330    13.3  5  TOWN OF DOLORES ORDINANCE NO.5 558 SERIES 2022  AN ORDINANCE ANNEXING CERTAIN TOWN OWNED PROPERTY TO THE  TOWN AND ZONING SUCHI LANDS  WHEREAS, the Town Trustees of the Town of Dolores, Colorado, pursuant to Colorado statute and the Dolores Municipal Code and Dolores Land Use Code, is vested with the authority of administering the affairsdthe Town of Dolores, Colorado, including annexation; and Land Use Code reserves to the Town all statutory authority over annexation.  WHREAS, Section 17.04.070 and Dolores Municipal Code and Section 6.6 ofthel Dolores WHEREAS Article II, Section 30 of the Colorado Constitution and Colorado Revised Statutes Section 31-12-106 permits a municipality to annex any unincorporated area owned by  said municipality; and  WHEREAS, under C.R.S. Section 31-12-106 when the municipality is the sole owner of the area that it desires to annex, which area is eligible for annexation inaccordance with section 30(1)(c) ofarticle] II of the state constitution and sections 31-12- 104(1)(a) and 31-12-105, the governing body may by ordinance annex said area to the municipality without notice and  hearing as provided in sections 31-12-108 and 31-12-109;and  WHEREAS, at various times in the past, the' Town of Dolores acquired fee simple title to certain tracts ofreal property described in Exhibit. A tot this ordinance ("the Property"); and WHREAS, portions of these tracts of real property are outside of the current corporate WHEREAS the Property is owned by the Town and are: not solely aj public street or right- WHEREAS the perimeter oft the area to be annexed is more than one-sixthcontiguous with WHEREAS, the Town Trustees have considered that the proposed annexation complies with Article II, Section 30 of the Colorado Constitution, and has otherwise determined that such annexation complies with Colorado state law and the Ordnances oft the  boundaries of the Town; and,  of-way; and  the' Town of Dolores; and  Town ofTown of Dolores; and  WHEREAS, pursuant to the provisions of the Dolores Land Use Code, the matter was referred to the Planning Commission to obtain a recommendation as to the appropriate zoning of  the Property ifi itis annexed to the Town; and  1    13.3  Lo  WHEREAS the criteria to be considered by the Planning Commission and theTown  Trustees in zoning property, as set forth in Section 6.6 of the Land Use Code; and,  WHEREAS, at its meeting on consideredthe appropriate zoning of the Property; and  2022, the Planning Commission  WHEREAS, based on the criteria set forth above, the matters presented to the Planning Commission by the City, and the comments of staff and the public, the PlanningCommission has  recommended that thel Property be zoned as Public (P); and  WHEREAS, following proper notice, the matter was presented to the Town Trusteesat its WHEREAS, based ont thei matters presented toi it, including comments from staffand the public, and all applicable criteria and requirements, the' Town Trustees concludesthatitisint the  regular meeting on  2022; and  best interest of the Town to annex the Property to the Town of] Dolores; and  WHEREAS, based on the recommendation of the Planning Commission, comments from staff and the public, and applying the criteria set forth above, the Trusteesconcludes that, the  Property should be zoned Public.  NOW, THEREFORE, BE IT ORDAINED BY THE TOWN TRUSTEES OF  THE TOWN OF DOLORES, COLORADO AS FOLLOWS:  Section 1. The Property described in Exhibit A, attached hereto, and incorporated herein by reference, shall be and hereby is annexed to, incorporated in and made a part of the' Town ofDolores, Section 2. Theannexation ofthel Property to the' Town ofDolores shall be complete and effective on the effective date of this ordinance, except for purposes of General Property Taxes, and shall be Section 3. The Property shall be zoned Public, and the zoning map for the' Town of Dolores shall Section 4. The Town Clerk is hereby directed to record this Ordinance with the Montezuma  Colorado.  effective as to General Property Taxes on and after the first day of January 2023.  be amended to reflect such zoning. County Clerk and Recorder.  Section 5.  Severability. If any article, section, paragraph, sentence, clause, or phrase of this  Ordinance is held to be unconstitutional or invalid for any reason such decision shall not affect the validity or constitutionality oft the remaining portions of this Ordinance. The Town Trustees hereby declare that it would have passed this ordinance and each part or parts thereofirrespective oft the fact Section 6. Repeal. Existing ordinances or parts of ordinances covering the same matters embraced in this ordinance arel hereby repealed and all ordinances or parts of ordinances inconsistent  that any one part or parts be declared unconstitutional or invalid.  2    13.3  Z  with the provisions of this ordinance are hereby repealed except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of PUBLIC HEARING. This ordinance shall be considered for second or final reading on the Dolores, Colorado, at which time and place all persons may appear and be heard concerning the  any ordinance hereby repealed prior to the effective date oft this ordinance.  day of  2022, in the' Town Board Chambers in Town Hall,  same. 2022.  Passed adopted and approved on the first reading this  day of  DOLORES BOARD OF TRUSTEES:  By:  Attest: By:  Passed adopted and approved on the second and final reading this  day of  2022.  DOLORES BOARD OF TRUSTEES:  By:  Attest: By:  3    14. 4  Town ofDolores Resolution No R470 Series 2022  A RESOLUTION APPROVING THE INTERGOVERNMENTAL AGREEMENT OF PARTICIPATING LOCAL GOVERNMENTS AND AUTHORIZING THE MAYOR TO EXECUTE THE AMENDEDAGREEMENTON BEHALF OF THE TOWN  WHEREAS many Colorado communities have been devastated by opioid overdoses and addiction, the reach of which has affected the citizens of the Town of Dolores. WHEREAS the state of Colorado office of Attorney General has negotiated a settlement with major opioid drug manufacturers, including Johnson & Johnson, Purdue Pharma and the Sackler family, Mallinckrodt, and McKinsey & Company.  WHEREAS, the Town executed a Memorandum ofUnderstanding, settlement participation forms, and an escrow agreement, on forms prescribed by the Colorado Attorney General to accept the terms of the settlement. Among them was the Colorado Opioids  Summary Memorandum ofUnderstanding (the "Colorado MOU").  WHEREAS, pursuant to the Terms of the Colorado MOU, Participating Local Governments must organize themselves into Regions, as further depicted in Exhibit E to the Colorado MOU. The SWORD (Region 17) is composed of Participating Local Governments in Montezuma, Dolores, San Juan, La Plata, and Archuleta Counties including the Southern  Ute and Ute Mountain Ute Indian Tribes.  WHEREAS, pursuant to the terms of the Colorado MOU, these local governments and Native American nations are proposing to enter into an Agreement to create the "SouthWEST Opioid Response District (SWORD)" to allocate and oversee settlement funds. A copy oft the Agreement creating the SWORD is attached hereto as Exhibit A and is herein referred to as the  "Agreement."  WHEREAS, the Town of Dolores, Colorado is a statutory town incorporated under the WHEREAS, the Board of Trustees is empowered by Section 31-15-401()(), C.R.S., to do all acts and make. all regulations which may bei necessary or expedient for thej promotion ofhealth or  laws of the state of Colorado.  the suppression of disease.  WHEREAS Colorado Revised Statutes, $31-15-401 grants general police powers to the Board of Trustees to promulgate ordinançes for thel health, safety, and welfare of the public. WHEREAS, the Board ofTrustees determines that iti is in thel best interests of thel health, safety and welfare of the inhabitants of the Town to exercisei its express statutory authority to enter  into the Agreement.    14.4  2  WHEREAS, the Board ofTrustees previously passed ai resolution on January 11,2 2022 approving a similar version of the agreement which was subsequently amended by partnering  governments.  NOW, THEREFORE, BEI ITI RESOLVED by thel Board ofTrustees of the Town of] Dolores: 1. The Town of Dolores elects to enter into the SouthWEST Opioid Response District (SWORD) Agreement and amended and attached hereto as. Exhibit A as aj participating 2. Thel Board ofTrustees designate and authorize the mayor of the Town of] Dolores, to  municipality and to bel bound by its terms. execute the. Agreement on the' Town's behalf.  Passed, adopted and approved this 14th Day of] February, 2022. THE BOARD OF TRUSTEES OF THE TOWN OF DOLORES:  By: Attest:  Mayor Town Clerk    14.4  3  SouthWEST Opioid Response District (SWORD)  INTERGOVERNMENTAL, AGREEMENT OF PARTICIPATINGLOCAL  GOVERNMENTS  THIS SouthWEST Opioid Response District (SWORD) INTERGOVERNMENTAL AGREEMENT (the "Agreement") )ismadel between Archuleta County, Dolores County, La Plata County, Montezuma County, San Juan County and the included municipalities as undersigned below, individually herein as Participating Local Governments" or Party" or collectively as the  "Parties").  RECITALS  WHEREAS, the State ofColorado and the Participating Local Governments executed the Colorado Opioids Summary Memorandum ofUnderstanding. (the "Colorado MOU"), establishing the manner in which Opioid Funds shall be divided and distributed within the State of Colorado; WHEREAS, the Agreement assumes and incorporates the definitions and provisions contained in the Colorado MOU, and the Agreement shall be construed in conformity with the  Colorado MOU; Purposes;  WHEREAS, all Opioid Funds, regardless of allocation, shall be used for Approved WHEREAS, pursuant to the Terms of the Colorado MOU, Participating Local Governments must organize themselves into Regions, as further depicted in Exhibit E to the Colorado MOU. The SWORD (Region 17) is composed of Participating Local Governments in Montezuma, Dolores, San Juan, La Plata, and Archuleta Counties ineluding-the Seuthem-Ule-and  MMUls  WHEREAS, there shall be a 60% direct allocation of Opioid Funds to Regions through a Regional Share and each Region shall be eligible to receive al Regional Shareaccording to Exhibit  Ctot the Colorado MOU;  WHEREAS, the Colorado MOU establishes the procedures by which each Region shall WHEREAS, the procedures established by the Colorado MOUinclude ai requirement that WHEREAS, all aspects of the creation, administration, and operation of the Regional WHEREAS, each such Regional Council shall designate ai fiscal agent from a participating  be entitled to Opioid Funds and shall administer its Regional Share allocation;  each Region shall create its own Regional Council;  Council shall proceed in accordance with the provisions oft the Colorado MOU;  county or municipal government within that Region;    14.4 4  WHEREAS, each such Regional Council shall submit an initial two-year plan to the Abatement Council that identifies the Approved Purposes for which the requested funds will be used, and the Regional Council's fiscal agent shall provide data and a certification to the Abatement Council regarding compliance with its two-year plan on an annual basis; and  WHEREAS, the Agreement pertains to the procedures for the Parties to establish a Regional Council, designate a fiscal agent, and request and administer Opioid Funds in a manner  consistent with the Colorado MOU.  NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties incorporate the recitals set forth above and agree as: follows: 1. DEFINITIONS. The defined terms used in this Agreement shall have the same meanings as in the Colorado MOU. Capitalized terms used herein and not otherwise defined within the Agreement or in the Colorado MOU shall have the meanings ascribed to them in the body of 2. OBLIGATIONS OF THE PARTIES. The Parties shall perform their respective obligations as set forth in the Agreement, the Colorado MOU, and the accompanying exhibits to the  the Agreement.  Colorado MOU, as inçorporated herein by reference.  3. REGIONAL COUNCIL.  3.1. Purpose: In accordance with the Colorado MOU, a Regional Council, consisting of representatives appointed by the Parties (Participating Local Governments), shall be created to oversee the procedures by which a Region may request Opioid Funds from the Abatement Council and the procedures by which the allocation of its Region's Share of Opioid Funds are administered. This may also include settlement funds from individual 3.2. Membership: The Parties agree that the Regional Council for the Southwest Region (Region 17) shall be called the SouthWEST Opioid Response District (SWORD) a. Voting Members. Initial Voting Members shall be appointed by the Parties as set forth below. The Parties shall collaborate to appoint Local Government Members and at least one Voting Member shall be appointed from each county. No single county or city/town should dominate the make-up of the Regional Council, and to the extent practicable, each Voting Member shall reside, or be employed by, a different city/town within the counties. Afterinitial membership is determined, the SWORD Bylaws will guide the appointment process for Voting Members. iIrepresentative: appointed by each county (can be commissioners). ii. lrepresentative appointed from a rotating city within each county (or other city agreed upon) (can be councilmembers and mayors). Arotating city member shall be selected by majority vote of the cities within each  communities that chose to designate to the regional pool.  and consist of atl least seven (7) members from the following:    14.4 5  county who do not have a Voting Member currently sitting on the iii. At least 1 representative from each public health department within the iv. Atl least 1 representative from a county human services department. V. At least 1 representative appointed from law enforcement within the region (sheriff, police, local city or town, district attorney, etc.). vi. Atl least 1 representative from a municipal or county court system within  Regional Council. region.  the: region.  b. Non-Voting Members. Non-voting members shall serve: in an advisory capacity with the SWORD Bylaws outlining terms and selection criteria. Any Non-Voting Members shall be appointed by the Voting Members and comprised of, but not limited to the following, and shall not to include providers who may bei recipients  offunds:  i. Representatives from behavioral health providers. ii. Representatives from health care. providers. iii. Recovery/reatment experts. iv. Other county or city representatives. V. Tribal representatives.  vi. Arepresentative from the Attorney General's Office as desired. vii. Community representative(s), preferably those with lived experience with  the opioid crisis.  Chair: The Voting Members of the SWORD Council shall appoint one member tos serve as Chair of the Regional Council. The Chair's primary responsibilities shall bet to schedule periodic meetings and votes oft the SWORD Council as needed and to serve as the point of contact for disputes within the Region. The Acting  Chair must be a Voting Member.  3.3. Non-Participation: ALocal Government that chooses not tol become a Participating Local Government int the Colorado MOU shall not receive any Opioid Funds from the 3.4. Terms: The SWORD Council will establish terms and procedures through its Bylaws, that will be consistent with this IGA and the Colorado MOU. A copy of the  Regional Share or participate in the Regional Council.  Bylaws, will be attached as Exhibit A oft this Agreement.  3    14.4  Lp  a. Ifa Voting Member resigns or is otherwise removed from the SWORD Council prior to the expiration oft their term, ai replacement Voting Member shall be appointed within sixty (60) days in accordance with Section 3.2(a) to serve the remainder oft the term. Ift the Parties are unable to fill a Voting Member vacancy within sixty (60) days, the existing Voting Members of the SWORD Council at the time of the vacancy shall work collectively to appoint a replacement Voting Memberi in accordance with Section 3.2(a). b. SWORD Council members may be appointed more than once and may serve consecutive terms if appointed to do sol by the Regional Council.  3.5. Duties: The Regional Council hwbe-heemiy-hatiw respensible-and has the authority to engage with the Abatement Council on behalf of the Region and follow the procedures outlined in the Colorado! MOU for requesting Opioid Funds from the Regional Share, which shall include developing 2-year plans, amending those plans as appropriate, and providing the Abatement Council with data through its fiscal agent regarding Opioid Fund expenditures. Upon request from the Abatement Council, the Regional Council may 3.6. Governance: The SWORD Council will establish its own procedures through adoption of bylaws but is not a separate legal entity. Any governing documents must be consistent with the other provisions ini this Agreement, and the Colorado MOU. Should the SWORD Council require legal assistance, the Regional Council will either hire its own legal counsel or utilize the legal counsel from one of the county or municipal governments within the regional area. The Regional Council will determine the method for compensating legal counsel, if needed; provided, however, that if the reason for employing legal counsel is to resolve a dispute within the Regional Council or among the Local Governments that make upi the Regional Council, the parties involved in the dispute will recuse themselves from the decision regarding utilizing legal counsel. 3.7. Collaboration: The Regional Council should work to facilitate collaboration between the Colorado Attorney's General's Office, Participating Local Governments within its Region, the. Abatement Council, and other stakeholders within its Region for the purposes of sharing data, outcomes, strategies, and other relevant information related to 3.8. Transparency: The Regional Council shall operate with all reasonable transparency and abide by all Coloradolaws: relating to open records and meetings. Tothe extent the Abatement Council requests outcome-related data from the Regional Council, the Regional Council shall provide such data in an effort to determine best methods for  also be subject to an accounting from the. Abatement Council.  abating the opioid crisis in Colorado.  abating the opioid crisis in Colorado.    14.4  7  3.9. Conflicts of Interest: All Members of the Council, voting and non-voting, shall abide by the conflict-of-interest rules applicable to local government officials under state 3.10. Ethics Laws: Members of the Council shall abide by their local ethics laws or, if 3.11. Decision Making: The Regional Council shall seek to make all decisions by consensus. In the event consensus cannot be achieved, the Regional Council shall make  law.  nos such ethics laws exist, by applicable state ethics laws.  decisions by a majority vote ofi its Members.  4. REGIONAL FISCALAGENT  4.1. Purpose: According to the Colorado MOU, the Regional Council must designate ai fiscal agent for the Region prior to the Region receiving any Opioid Funds from the Regional Share. All funds from the Regional Share shall be distributed to the Regional Council'si fiscal agent for the benefit oft the entire Region. This may alsoinclude settlement funds from individual communities that chose to designate to the regional pool. 4.2. Designation and Term: The Parties agree that La Plata County shall act as the initial fiscal agent for the Region for a period of one-year from the date this Agreement becomes effective,OFuntil- eryseasaga has-been-appointed by the Regional Council, unless the fiscal agent resigns as set forth in this Agreement. Thereafter, the Regional Council shall nominate and designate a fiscal agent for the Region by majority vote on an annual basis. Regional fiscal agents must be one of the Participating Local 4.3. Duties: The Regional fiscal agent shall receive, deposit, andi make available Opioid Funds distributed from the. Abatement Council and provide expenditure reporting data to the Abatement Council on an annual basis. In addition, the Regional fiscal agent shall  Governments.  perform certain recordkeeping duties outlined below.  a.  Opioid Funds: The Regional fiscal agent shall receive all Opioid Funds as distributed by the Abatement Council. Upon direction by the Regional Council, the Regional fiscal agent shall make any such Opioid Funds available to the Regional Council; provided, that nothing shall require the fiscal agent to make funds available or expend them when the fiscal agent has a reasonable basis to believe that use or expenditure of Opioid Funds would violate the terms of the MOU or any settlement agreement. Additionally, to the extent that the Regional fiscal agent is responsible for contracting with third-parties for goods and services approved by the Regional Council, the fiscal agent will procure goods or services, and award contracts, in the manner that is consistent with its own procurement code and/or policies and will only enter into agreements on terms that are  agreeable to the fiscal agent.  5    14.+  8  b.  Reporting to Abatement Council: On an annual basis, as determined by the Abatement Council, the Regional fiscal agent shall provide to the Abatement Council the Regional Council's expenditure data from their allocation of the Regional Share and certify to the. Abatement Council that the Regional Council's expenditures were for Approved Purposes and Recordkeeping: The Regional fiscal agent shall maintain necessary records with regard the Regional Council's meetings, decisions, plans, and  complied with its 2-year plan.  C.  expenditure data.  4.4. Authority: The fiscal agent serves at the direction of the Regional Council and in service tot the entire Region, subject to the limitations set forth ini this Section 4. The terms oft the Colorado MOU control the authority oft the Regional Council, and by extension, the Regional fiscal agent. The Regional fiscal agent shall not stray outside the bounds of the 4.5. Administrative Fee: According to the Colorado MOU, the total administrative fee paid by the Regional Council for all administrative costs shall not exceed actual costs or 10% oft the Region'sa allocation of the Regional Share, whicheveris less. This Parties agree that thel Regional fiscal agent shall receive an administrative fee of10%, or its actual costs ifless, annually including but not limited to in-kind expenses for staff services. The rates, fees, or the cost of staff and employee services provided by the fiscal agent shall be based upon eachl Parysorganization-wide cost allocation plan that allocates indirect costs across operations prepared in accordance with the cost principles found in the Office of] Management and Budget Circular A-87, "Cost Principles for State, Local and Thel Parties further agree that ift thei fiscal agent becomesi involved inl litigation orist required tot take any action to enforce or defend any contract or agreement entered into on behalf of the Regional Council, the fiscal agent shall be entitled to reimbursement of all costs and expenses, as well as attorneys' fees, incurred in prosecuting, defending, or settling such matter. Such costs shall be paid for first from the then-current or future administrative costs the Regional Council is allowed to collect from the Opioid Funds and then equally by the Parties themselves, to the extent permitted by law. Provided, however, that the Regional Council shall have no duty to reimburse the fiscal agent if the litigation is as a 4.6. Resignation of Fiscal Agent: Ifthe fiscal agent has a reasonable basis to believe that any proposed use or expenditure of Opioid Funds would violate the terms of thel MOU or any settlement agreement, if procurement of goods or services would be inconsistent with its own procurement code and/or policies, orift the proposed terms and conditions any proposed contract or agreement contain terms that arei not agreeable toi the fiscal agent, the fiscal agent shall inform the Regional Council that it will not expend funds as directed by the Council. Moreover, in such an event or if the fiscal agent incurs any costs, expenses,  authority and power vested by the Colorado MOU.  Indian Tribal Governments".  result of the fiscal agent's s gross negligence or willful conduct.    14,4  9  or other liability in prosecuting, defending, or settling any claims related to a contract entered into on behalf of the Regional Council that are not reimbursed by the Regional Council, the fiscal agent shall have the authority and right to resign as the Regional fiscal agent. Upon such resignation, if no other Party agrees to act as fiscal agent and accept transfer of unexpended Opioid Funds within thirty (30) days of receipt of notice from the resigning fiscal agent, the resigning fiscal agent shall have the: right to return unexpended Resignation as the fiscal agent shall not otherwise affect any Participating Local Government's participation in the Regional Council and shall not be deemed as a termination ofthe Agreement or withdrawal from participation in the Regional Council.  Opioid Funds to the Abatement Council.  5. REGIOMALIMOTTARTIAN  5.1. Purpose: According to the Colorado MOU, as part of the. Regional Council's request to the Abatement Council for Opioid Funds from its Regional Share, the Regional Council must submit a 2-year plan identifying the Approved Purposes for which the 5.2 Development of 2-Year Plan: In developing a 2-year plan, the Regional Council will solicit recommendations and information from all Parties and other stakeholders within its Region for the purposes of sharing data, outcomes, strategies, and other relevant information related to abating the opioid crisis in Colorado. Atits discretion, the Regional Council may seek assistance from the. Abatement Council for purposes of developing a 2- 5.3 Amendment: At any point, the Regional Council's 2-year plan may be amended sO long as such amendments comply with the terms of the Colorado MOU and any  requested funds will be used.  year plan.  Settlement.  6. DISPUTES WITHIN REGION.  In the event that any Party disagrees with a decision of the Regional Council, or there is a dispute regarding the appointment ofVoting orl Non-Voting Members to the Regional Council, that Party shall inform the Acting Chair ofi its dispute at the earliest possible opportunity. In Response, the Regional Council shall gather any information necessary to resolve the dispute. Within fourteen (14) days of the Party informing the. Acting Chair ofi its dispute, the Regional Council shall issue a decision with respect tot the dispute. Ini reaching its decision, thel Regional Council may hold a vote of Voting Members, withi the Acting Chair serving as the tie-breaker. However, in any disputes regarding the appointment ofa Voting Member, that Voting Member will be recused from voting on the dispute. The decision of the Regional Council is a final decision. Notwithstanding the: foregoing, the Regional fiscal agent has the right and authority  torefrain from taking actions as set forth in Section 4 above. 7. DISPUTES WITH ABATEMENT COUNCIL.  Ift the Regional Council disputes the amount of Opioid Funds it receives from its allocation of the Regional Share, the Regional Council shall alert the Abatement Council within sixty (60)  7    14.+ 1o  days of discovering the information underlying the dispute. However, the failure to alert the Abatement Council within this time frame shall not constitute a waiver of the Regional  Council's right to seek recoupment of any deficiency in its Regional Share.  8. RECORDKBEPING: the Agreement. 9. TERM.  The acting Regional fiscal agent shall be responsible for maintaining records consistent with  The Agreement will commence on the date it is fully executed by all Parties, and shall expire on the date the last action is taken by the Region, consistent with the terms of the Colorado  MOU and any Settlement (the "Term"). 10. INFORMATIONALOBLIGATIONS  Each Party hereto will meet its obligations as set forth in C.R.S. $ 29-1-205, as amended, to include information about this Agreement in a filing with the Colorado Division of Local Government;, however, failure to do sO shall ini no way affect the validity oft this Agreementor  any remedies available to the Parties hereunder.  11. CONFIDENTIALITY,  The Parties, for themselves, their agents, employees and representatives, agree that they will not divulge any confidential or proprietary information they receive from another Party or otherwise have access to, except as may be required by law. Nothing in this Agreement shall in any way limit the ability of the Parties to comply with any laws or legal process concerning disclosures by public entities. The Parties understand that all materials exchanged under this Agreement, including confidential information or proprietary information, may be subject to subpoena, discovery or the Colorado Open Records Act., $ 24-72-201, et seq., C.R.S., (the "Act"). In the event of a request to a Party for disclosure of confidential materials, that Party shall advise the other. Parties of such request in order to give the Parties the opportunity to object to the disclosure of any of its materials which it marked as, or otherwise asserts is, proprietary or confidential. If any Party objects to disclosure of any of its material, the objecting Party shall identify the legal basis under the Act for any right to withhold. In the event of any administrative orl legal action where a subpoena or discovery request is served or the filing of a lawsuit to compel disclosure under the Act or otherwise, the objecting Party agrees toi intervene in such action orl lawsuit to protect and assert its claims of privilege against disclosure of such material. Qt waive the same. If the matter is not resolved or the objecting Party fails to intervene in the timeframe required by law for production of documents, the  Parties may tender all material to the party that submitted the request.  12. GOVERNING LAW: VENUE.  This Agreement shall be governed by the laws oft the State of Colorado. Venue for any legal action relating solely to the Agreement will be in any District Court in the defined region. Venue for any legal action relating to the Colorado MOU shall be in a court of competent jurisdiction where a Settlement or consent decree was entered, as those terms are described or defined ini the Colorado MOU. Ifal legal action relates tol both this Agreement and the Colorado  8    j4.4 LI  MOU, venue shall also be in a court of competent jurisdiction where a Settlement or consent  decree was entered. 13. TERMINATION  The Parties enter into this Agreement to serve the public interest. If this Agreement ceases to further the public interest, any Party, in its discretion, may terminate its participation in the Agreement, in whole or in part, upon written notice to the other Parties. Each Party also has thei rightt to terminate the Agreement with cause upon written notice effectiveimmediately, and without cause upon thirty (30) days prior written notice to the Parties. A Party's decision to terminate this Agreement, with or without cause, shall have no impact on the other Parties' present or future administration ofi its Opioid Funds and the other procedures outlined in this Agreement. Rather, any. Party'sd decision toi terminate their participation int this Agreement shall  have the same effect as non-participation, as outlined in Section 3.3.  14. NOTICES.  "Key Notices" under this Agreement are notices regarding default, disputes, or termination of the Agreement. Key Notices shall be given in writing and shall be deemed received if given by: (1) certified mail, return receipt requested, postage prepaid, three business days after being deposited ini thel United States mail; or (2) overnight carrier service or personal delivery, when received. All other communications. or notices between the Parties that are not Key Notices may be done via electronic transmission. The Parties agree that any notice or communication transmitted by electronic transmission shall bei treated in all manner and respects as an original written document; any such notice or communication shall be considered to have the same binding and legal effect as an original document. All Key Notices shall include a reference to the Agreement, and! Key Notices shall be given to the Parties at the following addresses:  Archuleta County PO Box 15071 Pagosa Springs, CO 81147 Town of Pagosa Springs - POI Box 1859 Pagosa Springs, CO81147 Dolores County - Dolores County PO Box 608 Dove Creek, CO81324 Town of Dove Creek-I PO Box 508 Dove Creek, CO81324  Town of Rico - PO Box 91 Rico, CO81332  La Plata County - 1101 E. 2nd Avenue Durango, CO81301 Town of Bayfield -1 PO Box 80 Bayfield, CO81122 City of] Durango - 949 E. 2nd Avenue Durango, CO81301 Town of Ignacio - PO Box 459 Ignacio, CO 81137  9.    14,4  12  Montezuma County - 109 W. Main Street #260 Cortez, CO 81321 City of Cortez - 123 Roger Smith Avenue Cortez, CO 81321 Town of Dolores - PO: Box 630 Dolores, CO 81323 Town ofl Mancos - PO Box 487 Mancos, CO 81328 San Juan County- PO Box 466 Silverton, CO81433 Town of Silverton PO Box 250 Silverton, CO 81433  Any Party may update their notice address by providing a Key Notice to the other parties in  the manner set forth ini this Agreement. 15. GENERALTERMS AND CONDITIONS  15.1. Independent Entities. The Parties enter into this Agreement as separate, independent governmental entities and shall maintain such status throughout. 15.2. Assignment. This Agreement shall notl be assigned by any. Party without the prior written consent of all Parties. Any assignment or subcontracting without such consent will bei ineffective and void and will be cause for termination oft this Agreement. 15.3. Integration and Amendment. This Agreement represents the entire agreement between the Parties and terminates any oral or collateral agreement or understandings. This Agreement may be amended only by a writing signed by the Parties. If any provision oft this Agreement is held invalid or unenforceable, no other provision shall be affected by such holding, and the remaining provision of this Agreement shall 15.4. NoConstruction Against Drafting Party. Thel Parties andt their respective counsel have had the opportunity to review the Agreement, and the Agreement will not be construed against any Party merely because any provisions of the Agreement were 15.5. Captions and References. The captions and headings in this Agreement are for convenience of reference only and shall not be used to interpret, define, or limit its provisions. All references in this Agreement to sections (whether spelled out or using the $ symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part 15.6. Statutes, Regulations. and Other Authority. Any reference in this Agreement to as statute, regulation, policy or other authority shall be interpreted to refer to such  continue in full force and effect.  prepared by aj particular Party.  hereof, unless otherwise noted.  10    14.4 13  authority then current, as may have been changed or amended since the execution of 15.7. Conflict of Interest. No Party shall knowingly perform any act that would conflict in any manner with said Party's obligations hereunder. Each Party certifies that itis not engaged in any current project or business transaction, directly or indirectly, nor has it any interest, direct or indirect, with any person or business that might resultina a conflict of interest in the performance of its obligations hereunder. No elected or employed member of any Party shall be paid or receive, directly or indirectly, any share or part oft this Agreement or any benefit that may arise therefrom. 15.8. Inurement. The rights and obligations of the Parties to the. Agreement inure to the benefit of and shall be binding upon the Parties and their respective suçcessors and assigns, provided assignments are consented to in accordance with the terms of the 15.9. Survival. Notwithstanding anything to the contrary, the Parties understand and agree that all terms and conditions of this Agreement and any exhibits that require continued performance or compliance beyond the termination or expiration of this Agreement shall survive such termination or expiration and shall be enforceable. against aParty if such Party fails to perform or comply with such term or condition. 15.10. Waiver of] Rights and Remedies. This Agreement or any ofi its provisions may not be waived except in writing by a Party's authorized representative. The failure of a Party to enforce any right arising under this Agreement on one or more occasions will not operate as a waiver of that or any other right on that or any other occasion. 15.11. No Third-Party Beneficiaries. Enforcement of the terms oft the Agreement. and all rights of action relating to enforcement are strictly reserved to the Parties. Nothing contained in the Agreement gives or allows any claim or right of action to any third person or entity. Any person or entity other than the Parties receiving services or benefits pursuant to the. Agreement is an incidental beneficiary only. 15.12, Records Retention. The Parties shall maintain all records, including working papers, notes, and financial records in accordance with their applicable record retention schedules and policies. Copies of such records shall be furnished to the Parties request. Provided, however, that any records related to the receipt and expenditure of Opioid Funds shall be maintained for at least five (5) years, in the 15.13. Execution by Counterparts: Electronic Signatures and Records. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The Parties approve the use of electronic signatures for execution of this Agreement. All use ofe electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. SS 24-71.3-101, et. seq. The Parties agree not to deny the legal effect or  this Agreement.  Agreement.  manner as set forth in the Colorado MOU.  11    14.4  14  enforceability of the Agreement solely because iti is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility oft the Agreement in the form of an electronic record, or a paper copy of an electronic document, or aj paper copy ofa document bearing an electronic signature, on the ground that iti is an electronic record or electronic signature or that it is not in 15.14. Authority to Execute. Each Party represents that all procedures necessary to authorize such Party's execution of this Agreement have been performed and that the person signing for such Party has been authorized to execute the. Agreement.  its original form ori is not an original.  Attached Exhibits Exhibit A Proposed Bylaws  REMAINDER OF PAGE INTENTIONALLY LEFT BLANK  12    14.4 15  Therefore the Parties hereto have executed this agreement on the date shown below:  ARCHULETA COUNTY, COLORADO by and through its Board of Commissioners  By (Signature): Name & Title: Date:  DOLORES COUNTY, COLORADO by and through its Board of Commissioners  By (Signature): Name & Title: Date:  Lal PLATA COUNTY, COLORADO by and through its Board of Commissioners  By (Signature): Name & Title: Date:  MONTEZUMA COUNTY, COLORADO by and through its Board ofCommissioners  By (Signature): Name & Title: Date:  SAN. JUAN COUNTY,COLORADO by and through its Board of Commissioners  By (Signature): Name & Title: Date:  13    14.4  ILo  TOWN OF PAGOSA SPRINGS, COLORADO by and through its Board ofTrustees  By (Signature): Name & Title: Date:  TOWN OF DOVE CREEK, COLORADO by and through its Board ofTrustees  By (Signature): Name & Title: Date:  TOWN OF RICO, COLORADO by and through its Board ofTrustees  By (Signature): Name & Title: Date:  TOWN OF BAYFIELD, COLORADO by and through its Board ofTrustees  By (Signature): Name & Title: Date:  TOWN OF IGNACIO, COLORADO by and through its Board ofTrustees  By (Signature): Name & Title: Date:  14    14.4 17  TOWN OF DOLORES, COLORADO by and through its Board ofTrustees  By (Signature): Name &' Title: Date:  TOWN OF MANCOS, COLORADO by and through its Board ofTrustees  By (Signature): Name & Title: Date:  CITY OF CORTEZ, COLORADO by and through its Council By (Signature): Name & Title: Date:  CITY OF DURANGO, COLORADO by and through its Council By (Signature): Name & Title: Date:  15    144 18  PHIL WEISER Attorney General NATALIE HANLON! LEH Chief Deputy Attorney General ERIC. R. OLSON Solicitor General ERICT. MEYER Chief Operating Officer  FC  RALPHI L. CARR COLORADO JUDICIAL CENTER 1300 Broadway, 10th Floor Denver, Colorado 80203 Phone (720)508-6000  1876  STATE OF COLORADO DEPARTMENT OF LAW  January 18, 2022  COLORADO ATTORNEY GENERAL/S INTERPRETATION OF SECTION F(5)(a) OF THE COLORADO OPIOIDS SETTLEMENT MEMORANDUM OF This statement of Colorado Attorney General Philip J. Weiser on behalf of the State of Colorado provides an interpretation of Section F(5)(a) of the Colorado Opioids Settlement Memorandum of Understanding, negotiated between the State of Colorado and Colorado's Local Governments and signed by. Attorney General Weiser on behalf of the State of Colorado on August 26, 2021 (the "MOU"). Related to the formation of Regional Councils, Section F(5)(a) of the MOU states in pertinent part: "Subject to this Section F(5), each Region may draft its own intra- regional agreements, bylaws, or other governing documents to determine how the Regional Council will operate. However, each voting member of a Regional Council shall be an employee or elected official of a Participating Local Government within the applicable Region." The MOU defines Participating Local Government" as "all Local Governments that sign this MOU.. . (MOU, Section A, Para. 9). The MOU defines "Local Governments' as "all counties in the State of Colorado and the [Colorado] municipalities, towns, and county and city municipal corporations that are listed in Exhibit B [to the MOUJ." (MOU, Section A, Para. 5). Iti is possible that a narrow reading of Section F(5)(a) could be construed as restricting voting members of a Regional Council to only those persons who are employees or elected officials of the Colorado counties, municipalities, towns, or county and city municipal corporations that signed the MOU (i.e. Participating Local Government(s)). Because such a narrow reading of Section F(5)(a) does not reflect the operational intent of Section F(5) of the MOU, as evidenced by the reference to Exhibit Gi in the preamble of Section F(5) ("Each Region must create its own Regional Council while giving consideration to the regional governance models illustrated in Exhibit G."), this statement ofinterpretation clarifies that iti is permissible for Regions to select as voting members of their Regional Council government officials that work closely with Participating Local Governments in the Region who may not be employees or elected officials of their Participating Local Governments, such as. District. Attorneys and municipal/county court officials.  UNDERSTANDING    14.4 19  Page 2  Exhibit G to the MOU provides suggested governance models for the Regions to utilize when forming their respective Regional Councils. The governance models in Exhibit G expressly permit each Region to include law enforcement representatives, such as District Attorneys or municipal or county court representatives, as voting members on their Regional Council. However, we are aware that some law enforcement and municipalcounty court officials who work closely with Local Governments, and who provide services on a. local or regional level, may not also be employees or elected officials of a Region's Local Governments (e.g. District Thus, when the language of Section F(5)(a) and Exhibit G of the MOU are: read together, an ambiguity may be created. This statement of interpretation clarifies Section F(5)(a), as drafted, was intended to restrict voting members on Regional Councils to employees and elected officials of Participating Local Governments in order to minimize conflicts of interest, to allow Local Government attorneys (e.g. County Attorneys) to provide legal counsel to individual voting members, and to ensure that Regional Councils abide by the terms of the MOU. Section F(5)(a) was not intended to exclude government employees or elected officials who work closely with Local Governments but who are. not technically Local Government employees or elected officials (e.g. District Attorneys) from serving as voting members on any Further, permitting government officials who work closely with Participating Local Governments but who are not employees or elected officials of those Participating Local Governments to serve as voting members on Regional Councils does not conflict with or undermine the intent of Section F(5)(a). A government official, such as a. District Attorney, who serves as a voting member on a Regional Council does not create a conflict of interest that Section F(5)(a) was intended to address; the government official may seek legal counsel from his/her respective governmental agency; and the government official may still be held accountable to comply with the MOU as a member of the Regional Council. It is important that public officials like District Attorneys and municipal/county court officials be permitted to serve on Regional Councils because these public officials are integral to the process of deciding how to best spend opioid settlement funds to abate the opioid crisis in their While Exhibit G's governance models are merely suggestions, they reflect the operational intent of Section F(5) of the MOU. A narrow reading of Section F(5)(a) as excluding certain government officials, like District Attorneys or municipal/county court officials, from serving as voting members on their Regional Councils does not reflect the intent of Section F(5)(a). Itis not a violation of the MOU for Regions to select to serve on their Regional Council government officials  Attorneys).  the intent of the MOU in order to eliminate any such ambiguity.  Regional Council.  communities.    14.4  22  Page 3  who work closely with Participating Local Governments in the Region, but who may not be employees or elected officials of their Participating Local Governments, such To further clarify the intent of Section F(5)(a) of the MOU, persons who are neither governmental representatives nor elected officials may not serve as voting members on a Regional Council. Such non-governmental representatives may serve only in a  as District Attorneys and municipal/county court officials.  non-voting advisory capacity on any. Regional Council.  Phd-us  COLORADO ATTORNEY GENERAL, PHILIPJ. WEISER    144 21  SWORD Representatives Voting Members  Archuleta Ronnie Maez- Commissioner Andrea Phillips -Pagosa Mgr  Dolores  LaF Plata Marsha P- Norton- Commissioner Durango  Montezuma Shak Powers- Administrator  San Juan  County rep (govt employee or elected) City rep (at least 1 per county) Health Dept Rep Human Services Rep Law enforcement rep/District Attorney Municipal or county court  Erin Hyder- Chief Knuckles  -Cortez?  Martha Johnson Chief Brammer- Dgo  Jessica Thurman    14.4  22  OFFICIAL BYLAWS OF  "SouthWEST Opioid Response District (SWORD)."  ARTICLEI-] NAME AND STATUS  The name of this organization shall be the SouthWEST Opioid Response District (SWORD) (hereinafter known as the "Council") is comprised of five counties ini the State of Colorado, Montezuma, Lal Plata, Archuleta, San Juan, and Dolores, two sovereign nations, and several  municipalities therein. ARTICLEII- PURPOSE  The purpose of this Regional Council is to receive, manage, and report on the use of Opioid Funds from the State of Colorado pursuant to the Colorado Opioids Settlement Memorandum of Understanding dated August 26, 2021 ("Colorado MOU") and the SouthWEST Opioid Response District Intergovernmental Agreement ("IGA"). The defined terms used in these Bylaws shall have the same meanings as in the Colorado MOU. Each Region must create its own Regional Council while following the pracedures established by the Colorado MOU and the IGA. The Regional Council must be formed by the Participating Local Governments within the Region and designate a county fiscal agent for the Region. All funds from the Regional Share shall be distributed to the Regional Council's identified fiscal agent, for the benefit of the entire Region. This may alsoi include settlement funds from individual communities that chose to designate to the  regional pool.  The Council is constituted for the purpose to formulate and submit an initial 2-year plan, implement and track the plan as well as the opioid settlement funds by reporting the usage of funds to the Abatement Council, with management of funds by the identified fiscal agent. The Council is not formed for any pecuniary or financial gain and no part of the assets, income, or profit of the Council shall be distributed to or for thel benefit of the directors, officers, committee  members or staff oft the organization. ARTICLEII-MEMBERSHIP  The organization* si membership shall consist of at least seven members made up of the following:  A. Voting Members  One representative appointed by each county (can be a county commissioner or One representative appointed from a rotating city/town within each county. The counties with more than one city/town can choose a rotating member selected by  employee)  1    144  23  majority vote oft the cities/towns that do not have a voting member sitting on the One representative from each public health department within the region. One representative from a county human services department (can bei included as At least 1 representative from law enforcement and District Attorney office One representative from a municipal or county court system with the: region  Council.  county rep ifa county employee).  B. Non-voting Members  Non-voting members serve in an advisory capacity and may consist oft the following:  Representatives from behavioral health providers. Representatives from health care providers. Recovery/reatment experts. Representatives from each tribal nation. Other county, or city representatives. Arepresentative from the Attorney General's Office.  Community representative(s), preferably those with lived experience with the opioid  crisis.  C.A Appointments to1 the Board  The Council will annually review the make-up of the members to assure the required The Council shall also formally reçognize resignations and request new candidates for Non-voting members, with the exception oft tribal governments, must fill out an interest form and submit to the Council for review. The: number of nonvoting members  positions above are met. membership, as appropriate.  is flexible but will not exceed the number of voting members.  D. Term. The term ofa voting and non-voting member shall bei two years as ofl Feb.1*of each year. All voting and non-voting members may serve successive terms if eligible per the IGA. All officers are elected annually and may serve consecutive terms if eligible per E. Vote Required for Action. Any action of the Council may be taken by a simple majority vote of the voting members present ift there is a quorum, except as provided elsewhere in F. Quorum. A majority of the voting members shall constitute a quorum for the transaction ofbusiness at any meeting. In the absence ofa quorum, but when at least seventy-five (75%) percent oft the quorum is present, action may be taken as a Council and later ratified by written signature of absent members affirming or denying action items.  the IGA.  the IGA.  ARTICLEIV- - OFFICERS AND THEIR ELECTION  2    14.4  24  The officers of the Council will consist of the Chair, Vice-Chair, Secretary, and Treasurer. The Treasurer shall be a representative of the organization that has been designated as thei fiscal agent. Noi more than two officers will be elected from any one county. All officers shall be Voting  Members.  A. The Chair will be elected annually by a majority vote of the Council. The Chair will not B. The Vice-Chair be elected annually and will assume the position of Chair upon the death, disability, removal from office, ori inability of the Chair to serve. Ift the assumption of the position of Chairis tol be permanent, the Council shall elect a new Vice-Chair ati théir next C.I In the event that a vacancy occurs in both the positions of Chairand Vice-Chair, the Secretary shall assume the Chair, and elections shall be held at the next regular meeting of  be able to vote except in the case ofat tie.  regular meeting.  the Council to replace the two vacant positions.  Elections for officers shall be held at the first regular meeting of the Council within that calendar year. Only those persons who have signified their consent to sèrve if elected may be nominated An officer, voting, or non-voting member of the Council may be removed from the board for  ore elected tol hold office.  cause. Cause is defined as follows:  Conflict ofinterest (where not fully disclosed) Misuse of confidential information Missing three consecutive meetings  Upon removal from the Council by the appropriate appointing organization Unprofessional behavior that in no way forwards the Council's purpose. Such behavior shall only constitute cause: in the event that at least 75 percent oft the Council's members determine it to be such via a special vote.  ARTICLE V-I DUTIES OF OFFICERS  Chair: The Chair shall preside at all meetings oft the Council. The Chair shall perform other duties as may bej prescribed in these Bylaws as assigned tol him/her by the Council and shall coordinate the work of the Council and any special or standing committees, contractors, and staff as may be developed. The Chair shall also serve as the point of contact for disputes within the Vice Chair: The Vice-Chair shall perform all duties of the Chair ini the absence of the Chair, and  Region.  other specialized duties as assigned by the Council.  3    14. 25  Secretary: The Secretary shall assure that minutes are kept of all Council meetings, see that timely notice of meetings is given, and serve as the custodian of Council records.  Treasurer: The Treasurer shall ensure that full records of all financial transactions are maintained ina an orderly and appropriate manner for review by funding entities and the Board, and-ensure atmaimumeamingsaneallergamisiomfand: The Treasurer shall be from the entity that serves as the Region's fiscal agent and shall be responsible for ensuring that the duties of the fiscal agent under the Colorado MOU and IGA are carried out.  ARTICLE VI-NO SEPARATE: LEGAL ENTITY  The Council SHALL. NOT be a separate. legal entity from its members.  ARTICLE VII - MEETINGS  The Council will meet at least annually to certify membership for the following year, review organization progress, and set major policy matters. A quorum will be required to transact business. A quorum will be defined as a majority of voting positions. The Council at the annual meeting may set other regular meetings for that calendar year. A meeting of the Council may be called at any timel by the Chair, or by ai majority of Council members with three days written  notice to all members.  In the event that ai matter is urgent or under ai time constraint/deadine, the Board Chair shall call an emergency meeting that will take place via Zoom, WebEx, or a similar video conferencing platform. The Secretary shall provide email notice to all Council members at least 24 hours in In all cases regarding email meetings, all transactions will require the presence of a quorum as All meetings of the Council shall be open to thej public and the: media as required by applicable open-records laws. The Chair may call an executive session for the purpose of discussing sensitivel legal matters, personnel issues, contract negotiations, ediseusemefspeele prospetivebusinesseswhsecomhtmialytyhasbeereqpeses, or such other confidential  advance of the emergency meeting.  defined above.  matters as authorized by law.  ARTICLE VIII - BUDGETAND FISCAL CONTROLS  The Council will prepare an annual budget and submit it tot the fiscal agent per their budget deadlines. Adoption of the Budget will be at the: final scheduled meeting oft the year.  4    14.4  2Lo  Fiscal controls will be established and voted on by the Council. This will include. invoice and  payment procedures. ARTICLE. IX-FISCAL YEAR  The fiscal year of the Council shall bei the calendar year. ARTICLE: X- AMENDMENT OF BYLAWS  These Bylaws may be amended or repealed, by ai majority vote ofthe Council at any meeting provided, however, that written notice oft the proposed amendment or repeal, verbatim, shall be mailed to each Council member not less than ten days prior to such meeting.  PASSED, APPROVED AND. ADOPTED by ai majority vote of thé full Council executed and  acknowledged this  day of  20 by:  Chair  5    15,1  Town ofDolores Resolution No R471 SERIES 2022  A RESOLUTION DECLARING INTENTION TOI PURSUE A CONSERVATION EASEMENT WITH THE MONTEZUMA LAND CONSERVANCY  WHEREAS, the Town ofDolores, Coloradois a statutory town incorporated under the laws of WHEREAS the Town of Dolores acquired the 47 acre "Harris Property" and owns an approximately 140 acres of additional land on1 the northern boundary oft the Town ofDolores. WEHREAS the Trustees find that iti isi in the best interests of the Citizens oft the Town of Dolores to preserve these properties inj perpetuity while allowing for limited public uses in the future. WHEREAS the Trustees find that best mechanism to accomplish this goal is through a WHEREAS the Montezuma Land Conservancy has expressed an interest in entering into a conservation easement agreement with the Town of Dolores with these properties. NOW, THEREFORE, BEI ITRESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN Section 1. The Board of Trustees hereby declare theirintention to enterinto an agreement with the Montezuma Land Conservancy to hold a conservation easement for all or a part of the real properties owed by the Town of Dolores along its northern corporate boundaries. The Trustees envision that the conservation easement would preserve these properties in perpetuity while allowing for certain public uses that benefit the Town and its citizens, such as but not limited to public access, preservation of views and habitat, and Town utilities and services. Section 2. The Board of Trustees authorizes the Town Manager, Town Attorney and stafft to enter into negotiations with the Montezuma Land Conservancy to prepare a draft of this conservation easement for the Trustees' consideration and toj pursue available grants and funding to cover the costs of the easement. This resolution does not commit funds or obligate the Town  the state of Colorado.  conservation easement.  OF DOLORES, THAT:  to enter into al binding legal agreement.  Passed, adopted and approved February 14, 2022.  THE: BOARD OF TRUSTEES OF THE TOWN OF DOLORES:  By: Attest:  Mayor Town Clerk    15.2  /  Town of Dolores Community Survey  Dolores, Colorado ESt, 1900  The Town of Dolores is developing a strategic plan for the next 3 to 5 years and would like to get feedback from our community. This survey will help the Town Trustees determine how they can best meet the needs of the community and how to manage town's resources to meet those needs. Please help us by answering these few questions and add comments you have regarding the role the town plays in our community.  Time to completion: about 8 minutes  Part 1: Demographics  Ireside:  Int the Town limits of Dolores Outside the zip code 81323  In the Dolores zip code 81323  Gender: Male Other  Female  Iprefer not to answer  Age Range:    152  2  Under 18 30-39 50-59  18-29 40-49 60+  In which community is your primary place of employment located?  Town of Dolores City of Cortez Towaoc Iwork from home Other: please list  Town of Mancos City of Durango  Unincorporated Montezuma County I'm not currently employed  Why do you live /o own property in Dolores? (check all that apply)  Iwas born /raised here Employment opportunities Came here to retire Winters and/or summers Air and water quality Friendliness /C Community Good place to raise children Investment potential The school district  It's near my family /s spouse/friends Recreational amenities Cultural amenities Scenery and/or surroundings Small town atmosphere Safe community Rental income More affordable here To start/run a business  Ivisited here and loved the town  Other  Part 2- Survey  1. Please rate the following issues and rate the importance to the community  over the next 10 years:    15,2 Not Important  3  Important Neutral  Municipal code enforcement: nuisance, traffic, snow removal, Public safety /I law enforcement, /E Emergency Services  etc.  Healthcare services Educational opportunities Daycare services  Vehicle & Pedestrian mobility, frequency, & circulation  Parking Sense of community Affordable housing Economic development Western small town character Local shopping opportunities Arts & culture  Localj jobs with livable wages Viability of local owned businesses Energy conservation Water & air quality Parks Trails Opens space  Recreational opportunities Appearance of town Promoting tourism    15.2  Events ini town Kids activities  Elderly retirement activities  Town services: utilities, code entorcement, town! hall, streets  2. Only al limited number of vacant lots remain in the Town of Dolores. Knowing there is limited growth potential and that future growth will occur in our watershed upstream along the Dolores River, would you prefer that: The town should investigate options to encourage and manage development by The Town should DO NOTHING and let the county respond to this growth  EXPANDING its town limits.  don't know  3. Below is al list of environmental protection projects. Please rank in order of preferred priority (1is highest, 8i is lowest). CLICK AN DRAG OPTIONSTO  CHANGE THE RANK.  Ifyou have the "Other" option ranked above, please explain your environmental protection project you would like to see below (otherwise leave blank)  4. Please rate the following town services:  Excellent  Good  Average  Fair  Poor  Summer street maintenance Winter snow removal Pedestrian walkways  44:e B o  0    15.2 5  Storm water drainage Services at" Town Hall Water service Sewer. service Community center Police protection Parks Farmers Market Town government  5. What do you think the upper population of Dolores should be?  885 (current population) Triple the current population No opinion/unsure  Double the current population Sky's the limit  6. .Workforce housing (for teachers, fire, police, working families, etc.) in Dolores has become unattainable. Do you feel that the Town of Dolores should: Build workforce housing by working with private sector partners Give tax incentives &/or utility assistance to help people buy or rent workforce  housing Do nothing Other  7.Regarding Economic Development, should the town hire an Economic Development coordinator, who will work on helping attract new businesses and  development opportunities to the town?  Yes  No    15.2  Lo  8. What do you feel is that' "ONE THING" Dolores is renown for that NO other  town has? Type here.  Town of Dolores Mission Statement:  "We seek smart growth that preserves character, natural environment and resources. A community that feels like a safe place to stay, where people know and value their neighbor, respect differing views and  strives to be economically stable."  9.Does this mission statement represent an achievable mission?  Yes  No  10. What are your thoughts on this mission statement, and if you could, would  you change or add key words?  Type here.  11.Would anything cause you tol leave Dolores?  Yes  No  12. What changes would you like to see for the Town of Dolores?  Type here.    15.2 7  Any other comments you would like to add? (optional)  Type here.s  Email address (optional to receive a copy of your responses)  cxample@example.com    Dolores, Colorado) E 1900  Meeting Date: 2-14-22 AGENDA DOCUMENTATION Item 15,3 FROM: David Doudy  Discussion and Possible Action  TO: DOLORES TOWN BOARD  SUBJECT: Boundary line adjustment 200 S.5 5th Street - Smith/Gonzales  PURPOSE AND BACKGROUND  Joanna Smith and Ruby Gonzales submitted an application for a boundary line adjustment between their two properties. The application was submitted to cure a setback issue between the two properties. Currently there are two porches on Ms. Smith's property that do not meet the setback requirements as outline in the LUC ofthe town. A section of Ms. Gonzales' property is being purchased by Ms. Smith  and the boundary will reflect this change.  FISCALIMPACT  There is no financial impact to the Town ofDolores  RECOMMENDATIONS  Itis staff's recommendation that this boundary line adjustment be approved for the  following reasons and with the following conditions;  Reasons for approval  1. This zoning request will address the setback non-compliance between the two  properties  420 Central Ave, P O. Box 630 Dolores, CO. 81323 Ph. 970-882-7720 fax. 970-882-7466 www.owmordolores.com    15.3  Dolores, Colorado) Egt 1900  2. This zoning request will improve the pre-existing non-compliance on Ms. Smith's lot ofa lot that is less than 6000 square feet by adding more square footage to that 3. This zoning request meets all the requirements of Article VI.J.1.i- The purpose ofthe amendment is to relocate or vacate one (1) or more lot lines between one (1) or more adjacent lots where the owner or owners ofa all such lots join in the  property.  application for the plat amendment.  Conditions:  1.A Al building permit shall be secured to reduce or remove the section of the porches on the south side ofthe building to meet the setback requirements. 2. Completion of the permit for the south porches shall be fulfilled within 180 days 3. Any financial requirements must be fulfilled between the two parties.  of the final approval of this plat.  With these requirements met, a public hearing is not required and a simple approval by the Planning and Zoning Commission was required to move this project to the' Town Board for their approval. On February the 1st, 2022, the planning and Zoning committee voted to approve the boundary line adjustment with the recommended conditions as  outlined. Action required:  1. Article VI.F.3.c - Approval by Board ofTrustees. After the Board ofTrustees has determined that the plat is in proper form, that the arrangement of the development proposed for the property being subdivided is consistent with zoning regulations and that the subdivision complies with the provisions ofthis code, it shall act to approve the plat. (Since this action is not creating a news subdivision, 2. Article VI.F.3.d-1 Disapproval by the Board ofTrustees. Final plats that are disapproved by the Board ofTrustees shall be returned to the sub-divider by the Zoning Administrator with an attached statement oft the reasons of such action.  the last section ofthis requirement is not necessary)  420 Central Ave, P O1 Box 630 Dolores, CO. 81323 Ph. 970-882-7720 fax. 970-882-7466 wwwipwmordolores.com    15.2  2  To the Planning and Zoning Commission  RE: Lot line adjustment. Joanna Smith and Ruby Gonzales  According to Article VI.J.1 - Re-plats shall be subject to all the requirements of the LUC regarding preliminary plats and final plats, provided, however, that the Board of Trustees shall be authorized to approve an amending plat without notice or hearing where the re-plat or plat amendment is solely for one of thet following purposes and does not remove any covenants or restrictions or increase the According to Article VI.J.1.1- An amendment to a plat can be approved when, "The purpose of the amendment is to relocate or vacate one (1) or more lot lines between one (1) or more adjacent lots where the owner or owners of all such lots join int the application for the plat amendment". Both! parties have submitted the application and agree on the amending of the original plat. In addition, this amendment does not create any additional lots, is not in conflict with any covenants or restrictions With this application meeting all the requirements of Article VIJ.1, the zoning commission need only decide to conditionally approve or disapprove the re-plat. There is no requirement for a public hearing Once the commission moves, the Zoning Official shall submit the preliminary plat/final plat to the Town Board for their consideration along with the planning and zoning recommendations. The Board of Trustees can then decide to approve the plat or disapprove the plat. If the plati is disapproved, it shall be returned to the sub-divider by the Zoning Administrator with an attached  number of lots.  and therefore, meets the requirements of the LUC.  orf further action by the commission.  statement of the reasons for such action.    EXECUTIVE SESSION MOTION FORM  (Note: 2/3 Quorum Present Must Vote Yes; thes sessioni may only occur ata a regular or special meeting of  the body)  DATE  MOTION  SECOND  IMOVE TO GO INTOI EXECUTIVE SESSION:  (language in bold-face is for inclusion in the motion as applicable; ift the stated purpose of the executive session is legal advice, do not combine it with any other purpose): For a conference with the City/Town attorney for the purpose oft receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4)(b); For the 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 ofreal, personal, or For discussion of a personnel matter under C.R.S. Section 24-6-402(2)) and not involving: any specific employees who have requested discussion of the matteri in open session: any member oft 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  under C.R.S. Section 24-6-402(4)(e);  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 PROVIDED: FOR IDENTIFICATION. PURPOSES (Presiding Officer may ask Attorney/staff toj provide the  details):    EXECUTIVE SESSION MOTION FORM  (Note: 2/3 Quorum Present Must Vote Yes; the session may only occura at ai regular or special meeting of  the body)  DATE  MOTION  SECOND  IMOVETO GO INTO EXECUTIVE SESSION:  (Language in bold-face is fori inclusion in the motion as applicable; ift the stated purpose oft the executive session is legal advice, donot combine it with any other purpose): For a conference with the City/Town attorney for the purpose ofi receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4)(b); For the 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 of real, personal, or For discussion of a personnel matter under C.R.S. Section 24-6-402(2)() and not involving: any specific employees who have requested discussion of the matter in open session: any member oft this body or any elected official; the appointment of any person to fill an office oft this body or of an elected official; or personnel policies that do not require the discussion of matters personal toj particular  under C.R.S. Section 24-6-402(4)(e);  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 regulationunder 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 THEI FOLLOWING ADDITIONAL DETAILS ARE PROVIDED FOR IDENTIFICATION PURPOSES (Presiding Officer may ask Attorney/staff to provide the  details):    EXECUTIVE SESSION ANNOUNCEMENT NO.2  ANNOUNCEMENT TO BEI 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 Iwill 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 meeting.  and we now conclude the executive session and return to the open  Presiding officer signature.    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 TURNIT OFF DURING THE EXECUTIVE SESSION UNLESS SO ADVISED BY THE  CITY/TOWN. ATTORNEY) The day is  and the time is  For the record, I,  am the presiding officer as required by the Open Meetings  Law; this executive session is being electronically recorded. Also present at this executive session are the following persons:  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.  Presiding officer signature.