Dolores, Colorado AGENDA TOWN OF DOLORES COLORADO BOARD OF TRUSTEES MEETING JANUARY: 10"H, 2022 6:30P.M. THE MEETING WILLI BEH HELD AT1 TOWNH HALL 4200 CENTRAL AVENUE.AN MASK WILLI BEF REQUIRED. IFY YOUT WISHT TO ATTEND' VIRTUALLY, PLEASE VISIT THE TOWN WEBSITE UNDER GOVERNMENT TOWN! BOARD! MEETING FOR1 THE ZOOMI LINK tps/townofdolores.colorado.goy 1. CALLTOORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4,ACTION/APPROVAL OF1 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 ati amnyetowpocolcrescon any time before the dated Board meeting. 7.ACTION/APPROVAL OF1 THE CONSENT AGENDA: 7.1 Minutes from the December 13th, 2021, meeting 7.2Proceedings for the month of December 2021. 8. REMOVED CONSENT AGENDAI ITEMS: 9. SPECIAL LICENSES/PERMITS 10.STAFFREPORTS/PRTS/PRESENTATIONS: (For the record The Clerk, Building Official, and Public Works have submitted reports to the packet). 10.1 Discussion/Action: Appointment of Municipal Court. Judge 10.2 Sheriff's Report: Sheriff Steve Nowlin 10.3 Managers Report: Manager Ken Charles 10.4 Attorney's Report: Attorney. Jon Kelly 10.5Treasurer'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/COMMISIONS: 13. PUBLICHEARINGS: 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: A 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: 17.1 Workshop for Strategic Planning on. January 17th, 2022, at 6:30 p.m. 17.2 Board Meeting. January 24th at 6:30 p.m. A. Possible Public Hearing for Spirit in the Sky Retail Liquor Store License 18. ADIOURNMENT: CONSENT AGENDA 71 / Dolores, Colorado AGENDA TOWN OFI DOLORES COLORADO BOARD OF TRUSTEES MEETING DECEMBER 13"", 2021 6:30P.M. THE MEETING WILL BEH HELD AT1 TOWNE HALL 420 CENTRALI AVENUE. tips/townotdolores.colorado.gov F YOUV WISH1 TO ATTEND' VIRTUALLY, PLEASE VISIT THE TOWN WEBSITEL UNDER GOVERNMENT TOWNE BOARD MEETING FOR THEZ ZOOMI LINK 1. CALLTOORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. ACTION/APPROVAL OF THE AGENDA 5. IDENTIFICATION OF ACTUAL OR 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 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 mmyPtownocoorescon any time before the dated Board meeting. -ACTION/APPROVAL OFTHE CONSENT AGENDA: 7.1 Minutes from the November 8, 2021, meeting 7.2 Minutes from the November 22"d, 2021, meeting 7.3 Proceedings for the month of November 2021 7.4Cancellation of the December 27th, 2021, meeting. 8. REMOVED CONSENT AGENDA ITEMS: 71 2 9. SPECIAL LICENSES/PERMITS 10. STAFF EPOAIESPASENIATONS: (For the record The Clerk, Building Official, and PublicV Works have submitted reports to the packet). 10.1Sheriff's Report: Sheriff Steve Nowlin 10.2 Managers Report: Manager Ken Charles 10.3 Attorney's Report: Attorney Jon Kelly 10.4Treasurer's Report: TreasurerTricia 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 11. BOARD/COMMISIONS: 13. PUBLIC HEARINGS: 13.1 Ordinance 556 Series 2021. An Ordinance repealing and reenacting Article V.J (pertaining to Ridgeline Hazard Standards), Article II (pertaining to vested property rights), and Article' V.I (pertaining to procedures) oft the Dolores Land Use Code and certain sections of Chapter2.08 (pertaining to the Planning and Zoning Commission) of the Dolores Municipal Code. 14. ACTION/APPROVALORDINANCES/RESOLUTION5: 14.1 Action/Approval Ordinance 556 Series 2021 second and final reading. 14.2 Resolution R461 series 2021: A Resolution setting the 2022 Budget Year Tax Levies. This is a certification for the County to assess taxl levies int the Town of Dolores, whereas Resolution 4631 fulfills the state'srequirement to set the mill levy for the purposes of TABOR and C.R.S. 39-1111.5 as amended. 14.3 Resolution R462 series 2021: AF Resolution summarizing expenditure and revenues for eachf fund, adopting a budget (exhibit B) for the Town of Dolores, Colorado for the calendar year beginning on the first day of. January 2022 and ending on the last day of December 2022, and the appropriation of such 14.4 Resolution R463: series 2021: Notice to Set 2022 Mill Levy. A resolution levying property taxes for the year 2022 to help defray the costs of Government for the Town of Dolores Colorado for the 2022 14.5 Resolution R464 series 2021, a Resolution of the Town of Dolores authorizing a Mail Ballot A. Action/Approval: IGA with Montezuma County Clerk for the April 5"h, 2022, Election. funds. Budget Year. Election on April 5, 2022, and setting forth other details relating thereto 71 3 14.6 Resolution R465 series 2021. The 2022 Contract for Law Enforcement service between Montezuma County Board of Commissioner, the Montezuma County Sheriff's Office, and the Town of Dolores. 15. ADMINISTRATIVE BOARD BUSINESS: 15.1Attion/Discusion Dolores Fire Dept, land leased by the Fire Dept. 15:2Action/Approval for Town Manager begin solicitation process for Municipal Judge appointment. 16.TRUSTEES REPORTS AND ACTIONS 17. ITEMS FOR. JANUARY: 10"H 2022 MEETING: Public hearing for ar retail liquor store 18. ADJOURMMENT: 71 4 MINUTES TOWN OF DOLORES COLORADO BOARD OF TRUSTEES DECEMBER 137H, 2021 6:30P.M. FOR THE RECORD, THE MEETING WAS HELD BOTH LIVE AND VIRTUALLY. DUETO TECHNICAL DIFFICULTIES THE MEETING FAILED TO BE RECORDED. 1. CALL TO ORDER: Mayor Wheelus called the meeting to order at 6:48 p.m. 2.PLEDGE OF ALLEGIANCE 3. ROLL CALL: Board Members present: Mayor Chad Wheelus, and Trustee's Jen Stark, Duvall "Val" Truelsen, Sheila Wheeler, Tracy Murphy, and appearing Trustee's Andy 3.1 Staff Present: Manager Ken Charles, Clerk Tammy Neely, Building Official David Doudy, Attorney Jon Kelly, and Sheriff Steve Nowlin. Appearing Treasurer Tricia Gibson 4. ACTION/APPROVAL OF THE AGENDA: Trustee Murphy moved to approve the agenda, seconded by Trustee Truelsen. Mayor Wheelus asked for the agenda to be amended because of the technical, problems and late. start, he requested that items 10, 11, and. 12 ber removed from the agenda. Trustee Murphy Moved to approve the agenda as amended removing items, 10, 11, and 12 from the agenda, seconded by Trustee Trueisen. Motion S.IDENTIFICATION: OF ACTUAL OR PERCIEVED CONFLICTS OF INTEREST: None stated. 6. CITIZENS TO ADDRESS THE BOARD: This is an opportunity for Citizens to address the Board ati this time or duringa al PublicH Hearing. EachPerson willl have 5 minutes. The Town Board encourages public comment by the following sources: Live at the Town Hail, virtually via ZOOM (see the Town Website for1 the link), or by submitting your comments, via email, to the Town Clerk at ammyetowpocoorscon any time before the dated 6.1 Rachel Vass 204 S. 5th Dolores addressed the Board concerning the house size in the Land Use Code. She stated that the lot size could be smaller to promote better Lewis, and Melissa Watters. and Public' Works Director Randy McGuire. was approved unanimously. Board meeting. parking, and environmentally friendly. -ACTION/APPROVAL OF THE CONSENT AGENDA: 7.1 Minutes from the November gth, 2021, meeting. 7.1 5 7.1 Minutes from the November 22nd, 2021, meeting 7.3 Proceedings fori the month of November 2021. 7.4 Cancelation of the meeting for December 27th, 2021. Trustee Stark moved to remove item 7.2 the minutes of the meeting. for November 22nd, 2021, for reasons that she was absent, seconded by Trustee Murphy. Motion passed. 8. REMOVED CONSENT AGENDAI ITEM: Item number 7.2 the minutes of November 22"d, 2021: Trustee Murphy move to approve the Minutes for the meeting of November 22nd, 2021, seconded by Trustee Truelsen. Motion passed by six) yes and one no votes. 9. SPECIALLICENSES/PERMITS: None 10. STAFF REPORIS/PRESENTIONS Removed from the Agenda 11. BOARDS/COMIMISSIONS: Removed from the Agenda 12. OUTSIDE ORGANIZATIONS Removed from the Agenda 13. PUBLIC HEARINGS: 13.1 Ordinance 556 Series 2021: An Ordinance repealing and reenacting Article V.J (pertaining to Ridgeline Hazards and Standards), Article II (pertaining to vested property rights), and Artilev.(pertainingi to procedures) oft the Dolores Land Use Code and certain sections of Chapter 2.08 (pertaining to the Planning and Zoning Commission) of the Mayor Wheelus opened the hearing for comment from the Trustees and public. Consultant Elizbeth Garvin stated that there was a great deal of time spent on this Ordinance. Comments for the Ordinance upon approval came from Manager Charles, Attorney Kelly, Trustee Stark, and Trustee Wheeler. No publiccomment was given. Mayor Dolores Municipal Code. Wheelus closed the hearing. 14. ACTION/APPROVALORDININANCES/RESOLUTIONS: 14.1 Action/Approval of Ordinance 556 Series 2021 second and final reading: Trustee Truelsen moved to approve Ordinance 556 Series 2021, seconded by Trustee Murphy. Motion approved by a six yes and one no vote. Z1 6o 14.2 Resolution R461 series 2021: A Resolution setting the 2022 Budget year Tax Levies. This is a certification for the County to assess tax levies in the Town of Dolores, whereas Resolution R463 fulfills the states requirement to set the mill levy for the purpose of TABOR and CRS 39-1-111.5 as amended. Trustee Truelsen moved to approve Resolution R461 series 2021, seconded by Trustee Stark. Motion approved unanimously. 14.3 Resolution R462 series 2021: A Resolution summarizing expenditures and revenues for each fund, adopting a budget (exhibit B) for the Town of Dolores Colorado for the calendar year beginning on the first day of January 2022 and ending on the last day of Treasurer Gibson introduced the Resolution by stating that it was introduced in previous meetings/workshop and reviewed five times, there was no further information, but Trustee Wheeler commented that she attended a Chamber meeting and wanted to clear upa a rumor going around with regards to al budget item for contributions to the Chamber It was alleged by the Directori that the budget item fort the Chamber was deleted down to zero. It was also alleged that Trustee Wheeler made the remark, she did not agree with the statement that was made. She wanted to clarifyt that it was rumor, and fort the record itwas the Director of the Chamber of Commerce that made the comment. Trustee Murphy thanked the Staff for their hard work on the budget and throughout the year, she remarked things getting done that people are not aware of. The Staff accomplished sO much. She said that the Public needed to be aware of that. Manager Trustee Stark suggested a potential application process for contributions for next year's budget. She has had concern and strife in addressing comments the Board has received, about the Chamber. She did not want to hold up the budget over it. She stated she was sincere in wanting to see a different process. She requested the staff be very diligent on the matter. Manager Charles replied to the donation process will be brought back ini the Mayor Wheelus agreed with Trustee Stark, he stated the budget should not get held up Trustee Murphy moved to approve Resolutions R463 series 2021, seconded by Trustee 14.4 Resolution R463 series 2021: Notice to set 2022 Mill Levy. A resolution levying property taxes for the year 2022 to help defray the costs of government for the Town of Dolores Colorado for the 2022 budget year. Treasure explained the resolution. December 2022, and the appropriation of such funds. would answer questions. Charles suggested that the Budget message be sent to citizens. nearfuture. on one line item of $5000.00. Wheeler. Motion approved unanimously. 71 7 Trustee Murphy moved to approve resolution R463 series 2021, to set the. 2022 mill levy, 14.5Resolution R464 Series 2021: Al Resolution of the Town of Doloresa authorizing al Mail Ballot Election on April 5th, 2022, and setting forth other details relating thereto: A. Action/Approval: IGA with Montezuma County Cierk for the April 5th, 2022, Trustee Truelsen moved to approve Resolution R464. series for a mail ballot election, and for an IGA with the Montezuma County Clerk for the 2022 election, seconded by Trustee 14.6 Resoiution R465 series 2021: The 2022 Contract for Law Enforcement service between Montezuma County Board of Commissioners, the Montezuma County Sheriff's Manager Charles commented that the contract is the same as in previous years, it does include additional deputies for the summer season and events. He briefly went through the contract in which enforces the Town Ordinances and the Model Traffic Code. The Town agrees to pay the County $200,000.00 which is the amount in the previous contracts. He commented that the actual expenses are less than the $200,000.00. The final projected expense for the year 2021 was approximately $166,000.00. A greater expenditure should be expected in 2022 because of the additional deputy expenses and Sheriff Steve Nowiin commented that the goal is to keep expenses down as much as possible. The benefits are to the County and' Town, as it allows the Sheriff to work outside Trustee Stark asked for a wayi to maintain at tracking system or provide information to the future Board members. What kind of activity outside oft the contract to show data down the road? The Sheriff stated the Board will get an increase in dispatch fees. Dispatch has become a problem. He informed when extra patrols that are inside the town has to change because of the address system for inaccurate dispatch. The population and amount of people visiting increasing therefore demanding more patrol units. The biggest costs are training and equipment, in which he usually applies for grants. He mentioned concerns for the Community Center and events held on the premise. Trustee Truelsen moved to approve Resolution R465. Series 2021, the. Sheriff's Contractj for2 2022, seconded seconded by Trustee Wheeler. Motion approved unanimously. Election. Murphy. Motion approved unanimously. Office, and the Town of Dolores. operational expenses. the Town, as well ini town and it works. by Trustee Murphy. Motion, passed unanimously. 15.ADMINISTRATIVE BOARD BUSINESS: 15.1 Action/Discussion Dolores Fire Dept: The Board discussed a request by the Dolores Fire Protection District (DFPD). Manager Charles explained that the Bureau of 7,1 8 Reclamation transferred a parcel of property to the Town, that the DFPD is leasing currently. There is a 99-year lease to the DFPD, and they request that it be deeded to the DFPD. The Board agreed they would visit the request again when there is more 15.2 Action/Approval cancelation oft the December 27th meeting. No action taken. 15.3 Action/Approval for the Town Manager to begin a solicitation process for a Municipal Judge appointment. Manager Charles informed the Board that current Judge James Shaner is retiring, and the Town will need to find a replacement. Attorney Kelly stated the requirement would need to be a licensed attorney, if no licensed attorney can be found then anyone could apply. He stated there is no statutory limits for municipal judge. Attorney Kelly suggested that it be advertised on the Local Bar Association website. The Board requested information concerning the lease and deed to the property. information to be present at the next meeting lanuary10",2022). 16. TRUSTEES REPORTS AND ACTIONS: No reports given 17.ITEMS FOR THE. JANUARY 10TH 2022 MEETING: 17.2 Public hearing for a retail liquor license. 18. ADJOURNMENT: Mayor Wheelus adjourned the meeting at 9:06 p.m. Mayor Chad Wheelus Town Clerk Tammy Neely 721 72 2 72 3 8g 16 STAFF Town board. January 10, 2022 Building Official/Building Inspector report Statistics for 2021 Total permits-3 37 (Ani increase of 11 from the previous year) construction inspections, consultations and re-inspections) Total inspections performed 203 (Ani increase of 27 over the previous year (Includes site inspections, Total funds collected-: $20,417.87 (Ani increase of $10,665.05 over the previous year) Total valuation of permits $1,024, 841 (Ani increase of $493,857.00 over the previous year) Business inspections - 34 (Ani increase of 28 over the previous year) Current projects: 1. 1123 Railroad - Waiting on final metal 2. Del Rio - Stabilization of west and center sections is complete. East section due by March 1, 3. 102 Railroad - Due to weather, the concrete pad for the accessible parking has been postponed 2022. until spring of 2022. 4. 1101 N 16th Street - Framing is being conducted at this point New permits: Two permits issued for at total of $688.00 1. #1036- - Gas line replacement 2. #1037-1 New Carport Construction Inspections 15 construction inspections of permits issued Future projects on the horizon: 1. New! house on 215t street 2. New subdivision for eight duplex units between 15th and 16th Business Inspections 1. None STR Inspections 1. Four STR inspections 2. Two meetings on possible STR's o STAFF 2 Internet-Technology Nor report SPECIALPRQJECTS Reviewing walls and roof types for the new public restroom. STR's There have been 30 applications sent out to date for STR's. There have been 101 that have informed the town that they would not be filing an application, There are: 171 that are at various stages of the application process. 2021 Code Adoption The 2021 ICC Code family is now in effect. 18 STAFF 3 DECEMBER 2021 PRODUCTION CALCULATIONS TOTAL PLANT TOTAL WELL 129000 2767000 2896000 2638000 98000 2736000 2575900 TOTAL PRODUCTION GALLONS PRODUCED IN TIME FRAME: PRODUCTION INI BILLING CYCLE DEC1TODEC28 PRODUCTIONI NOV30 GALLONS CONSUMED IN BILLING CYCLE: TOTAL PRODUCTION IN TIME FRAME GALLONS BILLED FOR CYCLE GALLONS USED BY MAINTENANCE GALLONS USED BY FIRE DEPT TOTAL GALLONS CONSUMED TOTAL PRODUCED IN CYCLE 2575900 2736000 160100 0.06 DIFFERENCEILOSS PERCENT LOSS IO-STAFF 4 1/4/2022 6:58:24PM TOWN OF DOLORES Billing Period Report For11 12/1/2021- 12/31/2021 Include Write Off Accounts: True Amount" 0 1,362,200 300 1,000 1,000 923,700 2,288,200 0 1,376,800 300 1,000 120,400 1,077,400 2,575,900 4,864,100 Page6 67of67 Account Location Transaction Type Active Hold HoldE End SEWER Commercial MultiFamily Other PublicGovt Residential WATER Commercial MultiFamily Other PublicGovt Residential Total Usage Negative Usage Other Receipts Description BUILDING PERMIT BUSINESS LICENSE COMNETI FRANCHISE COURT FINES DEVELOPMENT FEE DOGI LICENSE EMPIRE FRANCHISE PROP TAX-OWNERSHIP PROPERTYTAX R&B TAX 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 $1,453.00 $25.00 $718.34 $320.00 $280.00 $30.00 $3,864.45 $1,278.87 $1,213.33 $158.77 $1,540.00 $10,881.76 Amount $-1,610.00 $-9,271.76 $-10,881.76 Indicates non-finalized charge 1/4/2022 6:58:24PM l0-STAFF-5 66 of67 Page TOWN OF DOLORES Billing Period Report For1 12/1/2021- 12/31/2021 Include Write Off Accounts: True Amount* 33,525.42 -2,763.86 -31,276.12 -6.97 -34,046.95 16,905.36 6.97 16,912.33 19,760.28 19,760.28 $36,151.08 Amount $2,044.84 $10,500.92 $674.31 $249.28 $2,618.06 $817.95 $92.52 $2,172.24 $44.35 $2,205.89 $642.17 $818.67 $118.55 $443.50 $10,238.24 $246.72 $1,747.48 $120.82 $0.00 $0.00 $869.13 $0.00 Account Location Transaction Type Active Hold Hold End Billing Period Totals Balance Forward Payments & Credits Payment Cash Payment Check SEWER Balance Transfer Payments & Credits SEWER SEWER SEWER Balance Transfer SEWER WATER WATER WATER Ending Balance Rate Code Totals Rate Code SEWER CS1 COMMI INT TOWN S01 RESIDENTI INT TOWN S02F RESIDENT OUT OF TOWN S03 RESIDENTI INT TOWN 1K S1K COMMSEWERIKMETER S90 SENIORI LID DISCOUNT WATER C05 COMM. TAP INT TOWN CW1 COMM IN TOWN CW2 COMM 1K OUT TOWN CW3 CM1KI INT TOWN MF1 100 GALI MULTIFAMILYI INTOWN MF2 1KMULTI FAMILYI INTOWN MF3 1KOUT OF TOWN MULTIFAMILY MF41 100 GALI MULTIFAMILY OUT OF TOV RO1 RESIDENT INT TOWN R02 RES. TOWN TAP RO3 RESIDENT OUT TOWN RK1 RESIDENT 1KN METER TW1 TOWN WATER TW21 TOWN WATER1K W90 SENIORLIDISCOUNT WDI WATER DOCK1K Transaction Date 561 28 418 1 447 485 1 486 552 552 2,046 EID Last Reading New Reading Usage Usage 265,000 767,900 41,100 40,000 1,081,000 93,200 0 225,100 1,000 793,000 68,800 299,000 14,000 10,200 788,100 0 136,100 28,000 13,400 0 93,200 106,000 Count 62 337 13 8 30 35 3 63 24 20 11 2 10 323 8 35 10 2 36 Usage Totals I0-STAFF-4p MAINTENANCE DAILY REPORT DECEMBER 2021 1 Plants. Pulled the chlorine samples. Winterize and close the park restrooms for the season. Marked locate requests. Checked the meter at 621 Railroad for high use. Finished the turbidity report. Lubed the loader and the backhoe. 2 3 Plants. Asphalt patching. Repair hydraulic leak on the backhoe. Marked locate requests. Plants. Picked up trash. Checked on the boring project on Merritt Way. Hauled iron to Belt Salvage. 4-5 Plants. Wyatt 6 7 8 9 Plants. Picked up trash. Marked locate requests. Prepped the motor graders for plowing Plants. Pull monthly WWTP samples. Pulled Bacti and chlorine samples. WWTP snow. maintenance. Attended Parks meeting. Plants. Hauled dirt pile out ofJ JRP. Put out mole bait. Plants. Finished hauling dirt pile out ofJRP. 10 Plants. Plowed snow. 11-12 Plants. RJ 13 Plants. Hauled snow. Marked locate requests. Attended the board meeting. Plowed 14 Plants. Hauled snow. Marked locate requests. Checked the blower motor at WWTP. 15 Plants. Cleaned intersections. Plowed sidewalks. Sanded streets. Checked the lights on sidewalks. the loader. Pulled the chlorine samples. 16 Plants. Picked up the new playground sign. Serviced the Ford pickup. 17 Plants. Burned at the dump. 18-19 Plants. Randy 20 Plants. Looed for a water leak. Started the water plant. Turned off water at 185091 HWY 145 for repair and 814 Central for the season. Repaired the work lights on the loader. Randy got called out to turn the water back on at 18509 HWY 145. 1 0-STAFF-7 21 Plants. Calibrated the influent and effluent meters at the WWTP. Started replacing the clutch on the 2001 Chevy. 22 Plants. Pulled the chlorine samples. Marked a locate at 202N21*St. 23 Plants. Anthony 24 Plants. Anthony. Power failure and reset at the WWTP 25 Plants. Anthony. Effluent meter checks at WWTP 26 Plants. Anthony 27 Plants. Replace the motor stater and overload relay for the WWTP blower. Checked effluent motor controller at WWTP due to power failure. Monthly meter reading. Turned off water at 207 N12th for repairs. (Turned back on later) 28 Plants. Replaced burnt out lights on the loader. Checked meters for high use. Lubed the backhoe and loader. Fixed a water leak on ai meter at N4th. Turned off water at 204N 9th Street for repairs. Central. town hall. Plants. Wyatt 29 Plants. Plowed snow. Pulled chlorine samples. Replace a broken valve at] N4th and 30 Plants. Pushed snow on S 7th and gth. Cleaned the walking trail. Cleaned the sidewalk at 31 2 10 Stoff 9 CLERKS REPORT Happy New Year! 1. Business licenses are going out and returning. Currently we are up to 50 and are expecting up to 160 2. Nomination packetsi for the 2022 Municipal election are ready. The deadline to get the petitions in will be. January 24th, 2022, and will accepted until 5:00 p.m. So far there has been 2 petitions picked up. Any 3.The Employee Handbook is being discussed and researched by the Staff. It is very outdated. 4. Clerks meeting with the Cortez, Mancos, and Montezuma County Clerks on. January 27th, 2022. We will licenses. interested person: still has time! be discussing the Election and exchanging information. 5. Ann has been very busy with the Land Use Code update and open houses. lwould like to thank Trustee Stark for helping us with the Acrobat Pro. Dolores, Colorado) ESE 1900 Meeting Date: January 10, 2022 AGENDA DOCUMENTATION FROM: KEN CHARLES INTERIM TOWN: MANAGER Discussion and Possible Action ITEM 10.1 TO: DOLORES TOWN MAYOR &TRUSTEES SUBJECT: DISCUSSION AND POSSIBLE ACTION CONCERNING APPOINTING A NEW MUNICIPALJUDGE. PURPOSE AND BACKGROUND Judge Shaner has resigned from his role as municipal judge creating a vacancy that needs tol be filled. Article 10ofthe Colorado. Revised Statues addresses the process for municipal courts. CRS 13-10-105 states municipal court shall bej presided over by ai municipal judge who shall be appointed by the municipal governing body for a specified term of not less than two years.' " The Town Municipal Codei in section 2.12.030 also addresses the municipal judge appointment. "The magistrate of the court shall be In your packet are two applicants who responded to the town's RFP. Both applicants are qualified for the 1. Al letter ofi interest that includes a summary of the applicant's qualifications and experience and a admitted to and be licensed: in, thej practice ofl law in the state." position. Applications must include: proposal for compensation. 3. The applicant's curriculum vitae. 4. Atleast three professional references. typically manages its docket in about an hour. 2. A current certificate of good standing from the Colorado Supreme Court. The' Town of Dolores Municipal Court is in session on the last Wednesday of each: month at 9:00am and FISCAL IMPACT not significantly different. Beth Padilla is seeking $80/hour William Furse is seeking $200/month. RECOMMENDATIONS Judge Shaner is paid $250/month. The proposed fees charged by the applicants are of a similar amount and Neither the town manager nor town attorney are making ai recommendation. Both applicants are qualified. The appointment is the responsibility oft the town board. Both applicants said they would be at the meeting toa answer any questions. We request that the town vote to appoint a municipal judge for a two-year term. Attachments: Application materials provided by applicants. 420 Central Ave, POE Box 6301 Dolores, CO. 81323 Ph. 970-882-7720: fax. 970-882-7466 https:!! lommardoprsclomdogos I0./ Request for Proposal - Dolores Municipal. Judge The Town of Dolores is seeking qualified applicants for the position of Municipal. Judge. The Town of Dolores Municipal Court is in session on1 the last Wednesday ofe each month at 9:00am and typically handles its docket ina about an hour. Special sessions may be scheduled on an as needed basis for trials and other matters. Applicants must be licensed to practice in law in the State of Colorado and ing good Applications must be received no later than January 3, 2022 and may be submitted by mail to the Clerk oft the Town of Dolores at PO Box 630, Dolores, CO 81323 or by email to tammy@townotdolores.com. Questions about the position may be directed to the Town Attorney, Jon Kelly, at (970) 882-4442or standing. elyewessiopelwcon, Applications must include: 1. Aletter of interest that includes a summary of the applicant's qualifications and experience. and ap proposal for compensation. 3. The applicant's curriculum vitae. 4. Atl least three professional references. 2. Acurrent certificate of good standing from the Colorado Supreme Court. 10,1 2 PADILLA OLAW, ,P.C. Clerk of the' Town of] Dolores P.O. Box 630 Dolores, Colorado 81323 December 23,2021 Sent via email to anmyglowgaoores.on Re: Town of Dolores Municipal CourtJudge Position Iami interested in the Town ofl Dolores Municipal Court Judge position. Iam a licensed attorney in good standing in both Colorado. My husband, Paul Padilla, and I own Padilla Law, P.C., located in Ihave ten years of experience litigating cases. Ihave represented adults andj juveniles in criminal proceedings, including defending individuals ini municipal court. My practice has focused on immigration, juvenile law, and criminal defense. Ir routinely represent the best interests of children in child welfare cases pending before the District Court. Further, spent years representing adults and Effective November, 2021,I am the presiding municipal court judge for the City of Cortez. I handle criminal, traffic, animal, and building code violations. Since taking the bench, Ihave analyzed data regarding the prevalence ofa alcohol in criminal cases and have started: requiring alcohol treatment for some defendants. Ireviewed the court's outstanding costs and fees and am working with the clerk to improve our collection rate. In addition, I have implemented a separate time forj juvenile cases to be heard, that takes their school schedule into account. Finally, Ihave reached out to the local middle and high schools to offer my court room: for mock trials or educational opportunities. Iam also very involved with the local community. I am the current President oft the Four Corners Bar Association and: recently served as a Board ofl Director for the Montezuma School tol Farm Project, which teaches local children about food through school gardens. I am a former board member of Companeros: Four Corners Immigrant Resource Center and the Rotary Club. In addition to my local activities, I have served on the Colorado Bar Association Young Lawyer's Division Executive Council, and am currently the local representative for the Colorado Bar Association Board of Ihave: resided in Montezuma County since 2014 and am committed to our community. I believe that Ihave the leadership skills and legal experience that are necessary to serve as the' Town ofl Dolores Municipal Court. Judge. Is sincerely appreciate your time and attention to my application. Please do Mancos, Colorado. children in dissolution ofi marriage and child custody cases. Governors. not hesitate to contact me. Best Regards, /s/ Beth Padilla Beth Padilla Padilla Law, P.C. behépadlainpnactisecon P.O. Box 2835, Durango, CO 81302 T:970.764.4547 . mompadlalnpnctis-on" F:970.764.4549 IG, 3 PADILLA OLAW, P.C. Clerk oft the' Town ofDolores P.O. Box 630 Dolores, Colorado 81323 January 5, 2022 Sent via email to manager@rownodolores.com Re: Town ofI Dolores Municipal Court Judge Position: Compensation Mr. Charles, Please accept my apologies for noti including my request for compensation in my application materials. I am seeking $80/hour for the position ofTown of Dolores Municipal Court. Judge. Eighty dollars an houri is consistent with the state-paid. rate for court-appointed attorneys as well as the hourly rate paid by the City of Cortez for the Municipal Court Judge Position. Please let me. know ify youl have additional questions or concerns. II look forward to meeting you next week. Best Regards, /s/ Beth Padilla Beth Padilla Padilla Law, P.C. beh@padlinpactiscon P.O. Box 2835, Durango, CO81302 T9y0,6,4547-vmpadlaawpaciecom: . F: 970.764.4549 IO, 4 Beth A. Padilla Physical: 1141 N. Main, Mancos, Colorado 81328 Mailing: P.O. Box 2835, Durango, Colorado 81302 Phone: 970.764.4547 E-mail: peth@padillalawpractice.com AWARDS AND RECOGNITIONS Super. Lawyers Rising Star, 2014-2 2015, 2019-2021 Jim Covino Advocate ofthe Year, Office oft the Child's Representative, 2019 Nominated for Gary McPherson Outstanding Young Lawyer ofthe Year, 2015 PRESENTATIONS AND' TRAINING Faculty, OCR Trial Skills Training, February, 2020 Presenter, 2019 OCR conference "ICWA" Faculty, National Institute for Trial Advocacy, March, 2018; February, 2019 Presenter, 2017 OCR conference, "Diligent Search and Relative Engagement" Attended National Institute for Trial Advocacy training, April 2017 Completed 40 Hour Basic Mediation Training, 2017 Co-drafted ICWA fact sheet for updated Guided Reference in Dependency PROFESSIONAL VOLUNTEER EXPERIENCE Four Corners Bar Association, President 2021-Present; Secretary/Treasurer 2020-2021 Organize monthly bar association meetings 2020-Present Represent the Four Corners Bar Association for the Colorado Bar Association Board of Governors Legislative Committee, Office of the Child's Representative 2018-Present Volunteer Member Participate as a stakeholder in reviewing child welfare-related legislation Montezuma School to Farm Project Volunteer Board ofDirector directors 2019-2021 Assisted organization to transition to 501(c)(3) status and select al board of Sixth Judicial District Best Practices Court Team Co-Chair, Dependency and Neglect Best Practices Team 2014-2020 Facilitated stakeholder meetings with representatives from Archuleta and La Plata counties Companeros: Four Corners Immigrant Resource Center 2012-2017 Volunteer Board Member Provided pro bono Know Your Rights presentations in Spanish throughout southwestern Colorado lo,1 5 Colorado Bar Association Young Lawyer's Division 2013-2015 Executive Council Member Facilitated partnership with Young Professionals ofDurango (YPOD) Formed Southwestern Colorado Bar Association Colorado Attorney Mentorship Program (CAMP) with local leadership Durango Rotary Club Member 2012-2014 Volunteer Co-Director of Durango High School Interact Club PROFESSIONAL EXPERIENCE Padilla Law, P.C., Mancos, Colorado Equity Partner 2012-1 Present Represent criminal defense clients with misdemeanors and juveniles in Litigate cases representing the best interests of children throughout four counties Practice before the Colorado Court of Appeals, including oral arguments Successfully provide comprehensive representation to immigration clients delinquency cases ins southwestern Colorado including during, jury trials City of Cortez, Cortez, Colorado Municipal Court Judge 2021-Present Preside over animal, building code, criminal, and traffic cases Collaborate with court clerk to address outstanding fines/fees Report to the City Council regarding Municipal Court updates Van Der Jagt Law Firm, Denver, Colorado 2011-2012 OfCounsel EDUCATION Juris Doctor Represented clients in family law and immigration matters University of Denver Sturm College ofl Law 2008-2011 Attended trial ofex-Peruvian President Fujimori as an international observer Interned with an Intellectual Property law firm in Buenos Aires, Argentina Indiana University Bachelor of Arts 2004-2008 Double majors in Spanish and Criminal Justice, with minors in Latin American and Western European Studies Studied in Mexico, Peru, and Spain Bilingual in English and Spanish ADDITIONALSKILIS 10, 6 PADILLA OLAW, P.C. Clerk oft the Town ofDolores P.O. Box 630 Dolores, Colorado 81323 December 23, 2021 Sent via email to annyglowgadorescom Re: Town of Dolores Municipal Court. Judge Position Professional References Iami interested in the' Towno ofDolores Municipal Court Judge position and am providing the following professional references: Ian MacLaren Montezuma County Attorney 109V W. Main Cortez, Colorado 81321 Phone: (970) 564-4174 maclaren@co.montezuma.co.us Dr. Ann Wetton Thel Recovery Center 35N. Ash Cortez, Colorado 81321 Phone: (970) 565-4109 ann.wetton@cortezrecovery.org Joi G. Kush Johnson Kush P.C. 24 S. Weber Street, Suite 300 Colorado Springs, Colorado 80903 Phone: 719-471-4034 oi@johnsonkush.com Best Regards, /s/ Beth. Padilla Beth Padilla Padilla Law, P.C. eepadlainpacicon Ms. Kush is the current President oft the Colorado Bar Association Additional references are available upon request. P.O. Box 2835, Durango, CO 81302 T:9 970.764.4547* . Mpadliimpndtisom- F:9 970.764.4549 IG,1 11:16A 12/23/21, AM Gmail 7 Padilla Law, P.C. Mail Your Colorado Supreme Court Office of Attorney Regulation Counsel receipt #.. Beth! Padilla amépadlsimpactisacon Your Colorado Supreme Court Office of Attorney Regulation Counsel receipt #1697-6674] Colorado Supreme Court Office of Attorney Regulation Counsel CPeALIOVRACCSMAOpuénPacom To: amépadlaapnccscon Thu, Dec 23, 2021at11:02 AM Reply-To: Colorado Supreme Court Office of Attorney Regulation Counsel gonaeecsseoup Receipt from Colorado Supreme Court Office of Attorney Regulation Counsel Receipt #1697-6674 DATEPAID December 23,2021 AMOUNTI PAID $15.00 SUMMARY 2849 Amount charged PAYMENT METHOD AMERN 2016 REGI- Certificate of Good Standing Request Form Entry $15.00 $15.00 Ify you have any questions, contact us at gonzaes@ccsae.cous or call at +1 303-928-7842. Something wrongy with thee email? Viewi itiny your browser. You're receiving this email because your made a purchase at Colorado! Supreme Court Office ofA Attorney Regulation Counsel, which partnersv with Stripe top providei invoicing and payment processing. htps/mallgogle-com.imaiwo7i-a45g3r28bdMewrplseacseuchralspemmage-mapf43A17198002135608358simpu.. 1/1 (0,1 8 WILLIAM FURSE 16970 Road 28.4, Dolores CO 81323. (970)9038183 illmlurseegmal.com January: 1,2022 Clerk & Board of the Town of Dolores PO Box 630 Dolores, CO 81323 To Whom It May Concern: Asaresident of Dolores and trial attorney of 15 years, lam delighted to submit my formal application for the Municipal Judge position. Ibelieve my extensive experience as both adefense attorney and criminal prosecutor renders me uniquely qualified for this position. In: 2005, I began my legal career as a public defender promoting the rights of the indigent. With a heavy caseload and dockets set ini four different counties, Iquickly familiarized myself with the rules of the evidence and criminal procedure. In 2009, Itransitioned into private practice focused on criminal defense and became the contracted public defender for the Ute Mountain Ute Tribe. My advocacy as a defense attorney continued until 2012 whenl was elected District Attorney for Dolores and Montezuma Counties. Since that time, I have represented the State of Colorado in criminal matters of all types and all levels ofs severity. Additionally, my time as the District Attorney has afforded me the opportunity to manage and train an office of deputy attorneys, legal staff, and investigators while overseeing an annual budget of over one million dollars. My experience: as both a public defender and a prosecutor has provided al balanced Ifselected, I propose a rate of $200/month to prepare for and preside over the town's monthly session. Should special sessions become necessary, I propose a rate of $65/hourto handle additional hearings and trials. Please note thatlam flexible with these rates and would skillset well suited for aj judicial position. happily accommodate the budgetary needs ofi the town. Iwelcome any questions you may have and sincerely appreciate your consideration for this important position. Respectfully, WWilliam Furse - 10, 9 SEPREME COrR fate ofGolorado, STATEOF COLORADO, ss: 1, Chery/Stevens, Clerk of the Supreme Court of the State of Colorado, do hereby certify that WILLIAM YOUNG FURSE has been duly licensed and admitted to practice as an ATTORNEY AND COUNSECOR. ATLAW within this State; and that his/her name appears upon the Roll ofAttorneys and Counselors at Law in my office of date the 26" day of October A.D.. 2005 and that at the date hereof thes said WILLIAM YOUNG FURSE is in good standing at this Bar. IN WITNESS WHEREOF, I have hereunto subscribed my name and afixed the. Seal ofs said Supreme Court, at Denver, in said State, this 15" dayof December Cheryl Stevens A.D_2021 Cleré Depuly Clerk By. CMypajanchep 10,1 IO WILLIAM FURSE 16970 Road 28.4, Dolores CO 81323. ( (970)9038183 Wilamturse@gmal.com EXPERIENCE JANUARY, 2021 TO PRESENT ASSISTANT DISTRICT ATTORNEY, 22ND JUDICIAL DISTRICT OF COLORADO Review evidence from law enforcement and assess whether to issue or decline criminal charges consistent with legal and ethical standards. Perform comprehensive courtroom litigation and trial preparation for adult andj juvenile matters. Serve as public relations officer responsible for all media inquiries while assisting office staff with open records requests. ELECTED DISTRICT ATTORNEY, 22ND JUDICIAL DISTRICT OF COLORADO Served two terms as chief law enforcement officer of Dolores and Montezuma Counties. Prosecuted all levels of criminal cases from DUI to First Degree Homicide. Oversaw a $1million budget while managing a roster of attorneys, advocates, investigators, and legal assistants. Convened and oversaw grand juryi investigations. Developed andi implemented digital discovery and case management protocol for a "paper on demand" office environment. PRIVATE PRACTITIONER, LAW OFFICES OF WILLIAM Y FURSE NOVEMBER. 2012 TO. JANUARY. 2021 OCTOBER. 2009 to NOVEMBER 2012 Maintained private, primarily criminal defense practice while serving as the contracted Public Defender for the Ute Mountain Ute Tribe. Represented impoverished defendants as court appointed "Alternate Defense Counsel" fori individuals who could not be handled by the State Public Defender's Office. Litigated civil matters including domestic relations, dependencyand neglect, and protection orders. JULY2005 to. SEPTEMBER 2009 DEPUTY STATE PUBLIC DEFENDER, DURANGO COLORADO Advocated for indigent individuals accused of all levels of crimes in the 6th and 22nd Judicial Districts. Engaged in comprehensive trial litigation and defense forj juveniles and adults. Handled both misdemeanor and felony matters. DECEMBER 2008 to. SEPTEMBER. 2009 DEPUTY STATE PUBLIC DEFENDER-I INTERN, 18TH JUDICIAL DISTRICT OF COLORADO Accomplished at full-time internship while attending Denver University as a visiting student. Provided trial counsel and criminal defense toj juveniles charged with crimes in Arapahoe County District Court under the Student Practice Act. EDUCATION MAY2005 MAY2001 JURIS DOCTOR, JOHN MARSHALL LAW SCHOOL BACHELOR OF ARTS, UNIVERSITY OF ILLINOIS 10,1 II WILLIAM FURSE 16970 Road 28.4, Dolores CO 81323. (970)9038183 willamfurse@gmal.com PROFESSIONAL REFERENCES mmargeson@co.montezuma.co.us Hon. Matthew Margeson - 22nd Judicial District Attorney 720)9875154 Hon. Douglas' Walker - 22nd Judicial District Chief Judge doug.waker@)udical.state.co.us (970)5651111 denvir@gmail.com (970)9462726 Hon.James Denvir- 6th Judicial County Court. Judge - Retired Eric Hogue - Court Executive - 22nd & 6th Judicial Districts eric.hogue@)udicial.state.co.us (970)5651111 Kent Pace-A Attorney at Law kennetn.pace@paceandlittle.com (970)2475282 I0.a MA 876 TOWN OF DOLORES DECEMBER 2021 I0,, & SE d%e 10,0 3 Page: 23 Dec 15, 2021 03:30PM County of Montezuma Date Journal DOLORES CONTRACT PERMANENT SALARIES Detail Ledger- expense ledger Period:1 11/21-11/21 Account Number Debit Amount 3,460.80 3,808.88 7,287.68 Credit Amount Payee or Description Balance 80,629.13 .00 87,898.81 10/31/2021 (10/21) Balance 001.1650.1120 11/30/2021 (11/21) Period Totals and Balance 10/31/2021 (10/21) Balance 001.1650.1152 11/30/2021 (11/21)1 Period1 Totais and Balance 10/31/2021 (10/21) Balance 001.1850.1160 11/30/2021 (11/21) Period1 Totals and Balance 10/31/2021 (10/21) Balance 001.1650.1220 11/30/2021 (11/21)F Period Totals and Balance 10/31/2021 (10/21) Balance 001.1650.1221 11/30/2021 (11/21) Period1 Totals and! Balance 10/31/2021 (10/21) Balance 001,1650.1310 11/30/2021 (11/21) Period1 Totals and Balance 10/31/2021 (10/21) Balance 001.1650.1387 11/30/2021 (11/21)F PeriodT Totals and Balance 10/31/2021 (10/21). Balance 001.1650.1425 11/30/2021 (11/21) Period Totals and Balance 10/31/2021 (10/21)E Balance 001.1650.1500 11/30/2021 (11/21) Periodl Totals andE Balance 10/31/2021 (10/21).E Balance. 001.1850.1610 11/30/2021 (11/21)F Period Totals and Balance 11/06/2021 PC PAYROLL1 TRANS FOR 11/6/2021 PAYE PERIOD 11/20/2021 PC PAYROLL TRANS FOR 11/20/2021 PAY PERIO YTD Encumbrance OVERTIME YTDI Encumbrance FRINGE BENEFITS .00 YTDA Actual 87,896.81 Total 87,896.81 YTD Budget 107,719.00 Unexpended 19,822.19 2,427.09 2,459.54 26,650.87 .00 29,030.74 11/06/2021 PC PAYROLLTRANS FOR 11/6/2021 PAY PERIOD 32.45 32.45 .00 .00 YTDA Actual 2,459.54 Total 2,459.54 YTD Budget 4,000.00 Unexpended 1,540.46 11/06/2021 PB PAYROLLTRANS FOR 11/6/2021 PAY PERIOD 11/20/2021 PB PAYROLL TRANS FOR 11/20/2021 PAYI PERIO 409.88 1,989.99 2,379.87 YTDI Encumbrance OPERATING EXPENSES 11/20/2021 AP AT&T 11/08/2021 AP CENTURYLINK 11/11/2021 AP FLOCKSAFETY YTDI Encumbrance MPN MAINTENANCE YTD Encumbrance PROFESSIONAL SERVICES 11/11/2021 AP FLOCKSAFETY YTD Encumbrance VEHICLE EXPENSES YTD Encumbrance FLEET COSTS YTDI Encumbrance TRAINING YTD Encumbrance OISPATCHE FEES. .00 YTD Actual 29,030.74 Total 29,030.74 YTDBudget 37,281.00 Unexpended 8,250.26 2,669.45 4,838.14 .00 .00 .00 3,000.00 3,833.79 3,833.79 132.D5 132.05 .00 .00 29,000.00. .00 29,000.00 98.00 70.69 2,000.00 2,168.69 .00 .00 YTDActual 4,838.14 Total 4,838.14 YTDI Budget 10,000.00 Unexpended 5,161.86 .00 .00 .00 YTD Actual .00 Total .00 YTD Budget 2,500.00 Unexpended 2,500.00 3,000.00 3,000.00 .00 .00 .00 .00 YTD Actual 3,000.00 Total 3,000.00 YTDE Budget 3,000,00 Unexpended .00 .00 YTD Actual 3,833.79 Total 3,833.79 YTDE Budget 6,500.00 Unexpended 2,666.21 .00 .00 Unexpended (132.05) .00 .00 YTD Actual 132.06 Total 132.05 YTDI Budget .00 .00 .00 YTD/ Actual .00 Total .00 YTDI Budget .00 Unexpended .00 .00 10.2 4 Detective Division Dolores Monthly December 2021 MONTHLY YEARTODATE NEW CASES ASSIGNED CASES PENDING 5 1 13 8 5 CASES CLEARED/INACTIVE/CLOSED VALUE OF STOLEN/DAMAGED PROPERTY VALUE OF RECOVERED PROPERTY $573.00 $68.00 $41,568.00 $40,063.00 HOURS WORKED OTHER-HOURS WORKED 12 0 436 MONTEZUMA COUNTY DETECTIVE DIVISION: HAD THE: FOLLOWING: CASE# MC210285 MC211566 MC211572 MC211574 MC211578 MC211584 OFFENSE-VIOLATION Theft- Other Information Report Theft-Larceny, From Vehicle Theft-Larceny, From Vehicle Theft-Larceny, Postal Theft-Larceny, From Mail STATUS Open Open-Closed Open Open Open Open i0.a 5 Summons Written For the Town of Dolores DECEMBER 2021 /0.a, 4p MONTEZUNA COUNTY SHERIFF'S 730 EAST DRISCOLL STREET CORTEZ, CO 81321 STEVE NOWLIN- SHERIFF 970-565-8452 970-564-3731 OFFICE Dolores Summons Total Records: 44 CITATION CHARGES NUMBER C32058 Date Reported 12/4/2021 CITATION CHARGES NUMBER C32031 Date Reported 12/11/2021 CITATION CHARGES NUMBER C32036 Date Reported 12/17/2021 CHATION CHARGES NUMBER C32033 Date Reported 12/21/2021 CITATION CHARGES NUMBER C32035 Date Reported 12/21/2021 CITATION CHARGES NUMBER C31791 Date Reported 12/29/2021 CITATION CHARGES NUMBER Date Reported 12/29/2021 CITATION CHARGES NUMBER Date Reported 12/15/2021 01/04/2022 09:46 Count 1 Issuing Officer HILL, BRYAN Count 1 Issuing Officer ZELNICEK, GRANT Count 1 Issulng Officer ZELNICEK, GRANT Count 1 Issuing Ofiticer ZELNICEK, GRANT Count 1 Issuing Officer ZELNICEK, GRANT Count 1 Issuing Officer FROST, THOMAS Count C31792 CRIMINAL VIOL ASSAULT: IN THE THIRD DEGREE Issuing Officer FROST, THOMAS Count 1 C31836 CRIMINAL VIOL ASSAULT: IN THE THIRD DEGREE, CRIMINAL VIOL DOMESTIC VIOLENCE, CRIMINAL VIOL- OBSTRUCTION OF TELEPHONE OR TELEGRAPH SERVICE Issuing Officer LANYON, JACOB 0,a Z Count 1 CITATION CHARGES NUMBER C12345 CRIMINAL VIOL CHILD ABUSE (M2), CRIMINAL VIOL CHILD ABUSE (M2) Date Reported 12/14/2021 CITATION CHARGES NUMBER Date Reported 12/14/2021 CITATION CHARGES NUMBER Date Reported 12/26/2021 CITATION CHARGES NUMBER Issuing Officer ZELNICEK, GRANT Count' 1 C32034 CRIMINAL VIOL CHILD ABUSE (M2), CRIMINAL VIOL CHILD ABUSE (M2) Issuing Officer ZELNICEK, GRANT Count 1 C32089 CRIMINAL VIOL- CRIME OF VIOLATION OF AI PROTECTION ORDER (M2) Issuing Officer GILBERTO,JACOB Count 1 C32197 CRIMINAL VIOL CRIME OF VIOLATION OF Al PROTECTION ORDER, CRIMINAL VIOL- DROVE VEHICLE DUI ALCOHOV/DRUGS/OR BOTH, CRIMINAL VIOL CRIME OF VIOLATION OF A PROTECTION ORDER, TRAFFIC VIOL-STATUTE DRANK FROM/POSSESSED AN OPEN ALCOHOLIC BEV CONTAINER IN VEH Date Reported. 12/3/2021 CITATION CHARGES NUMBER Date Reported 12/9/2021 CITATION CHARGES NUMBER Date Reported 12/1/2021 CITATION, CHARGES NUMBER Issuing Officer AYBAR, HAKAN Count C32029 CRIMINAL VIOL CRIMINAL MISCHIEF <$500 (M3) Issuing Officer ZELNICEK, GRANT Count 1 C31526 CRIMINAL VIOL - DOG NOT UNDER CONTROL Issuing Officer GOTHARD, PATRICK Count C29774 CRIMINAL VIOL DOMESTIC VIOLENCE, CRIMINAL VIOL HARASSMENT STRIKE, SHOVE, 1 KICK (M3) Date Reported 12/19/2021 CITATION CHARGES NUMBER Date Reported 12/19/2021 CITATION CHARGES NUMBER Issuing Officer SMITH, STEVEN Count C29775 CRIMINAL VIOL DOMESTIC VIOLENCE, CRIMINAL VIOL HARASSMENT STRIKE, SHOVE, 1 KICK (M3) Issuing Officer SMITH, STEVEN Count C31793 CRIMINAL VIOL DROVE VEHICLE DUI- ALCOROL/DRUGS/OR BOTH, TRAFFIC VIOL- STATUTE FAILED TO DRIVE IN AS SINGLE LANE/WEAVING 01/04/2022 09:46 o.a & Date Reported 12/29/2021 CITATION CHARGES NUMBER Date Reported 12/19/2021 CITATION CHARGES NUMBER Date Reported 12/3/2021 CITATION CHARGES NUMBER Date Reported 12/23/2021 CITATION CHARGES NUMBER Date Reported 12/11/2021 CITATION CHARGES NUMBER Date Reported 12/15/2021 CITATION CHARGES NUMBER Date Reported 12/1/2021 CITATION CHARGES NUMBER Date Reported 12/2/2021 CITATION CHARGES NUMBER Date Reported 12/11/2021 CITATION, CHARGES NUMBER Date Reported 12/15/2021 01/04/2022 09:46 Issuing Officer FROST, THOMAS Count C32059 CRIMINAL VIOL HARASSMENT- STRIKE, SHOVE, KICK (M3) Issuing Officer HILL, BRYAN Count C32028 CRIMINAL VIOL: RESISTING ARREST Issuing Officer ZELNICEK, GRANT Count C29776 CRIMINAL VIOL THEFT $50<$300 Issuing Officer SMITH, STEVEN Count 1 C32032 TRAFFIC VIOL-ORDINANCE - CARELESS DRIVING Issuing Officer ZELNICEK, GRANT Count C31527 TRAFFIC VIOL-ORDINANCE RECKLESS DRIVING Issuing Officer GOTHARD, PATRICK Count 1 C31833 TRAFFIC VIOL-ORDINANCE SPEEDING- Issuing. Officer LANYON, JACOB Count C31834 TRAFFIC VIOL-ORDINANCE SPEEDING- Issuing Officer LANYON, JACOB Count, C32030 TRAFFIC VIOL-ORDINANCE - SPEEDING- Issuing Officer ZELNICEK, GRANT Count 1 C32087 TRAFFIC VIOL-ORDINANCE SPEEDING- Issuing Officer GILBERTO, JACOB 10,2 A Count CITATION CHARGES NUMBER C32088 TRAFFIC VIOL-ORDINANCE SPEEDING- Date Reported 12/15/2021 CITATION CHARGES NUMBER Date Reported 12/1/2021 CITATION CHARGES NUMBER Date Reported 12/1/2021 CITATION CHARGES NUMBER Date Reported 12/1/2021 CITATION CHARGES NUMBER Date Reported 12/1/2021 CITATION CHARGES NUMBER Date Reported 12/7/2021 CITATION CHARGES NUMBER Date Reported 12/8/2021 CITATION CHARGES NUMBER Date Reported 12/20/2021 CITATION CHARGES NUMBER Date Reported 12/20/2021 CITATION CHARGES NUMBER 01/04/2022 09:46 Issuing Officer GILBERTO, JACOB Count 1 WC6973 TRAFFIC VIOL-ORDINANCE SPEEDING LIMITS Issuing Officer GOTHARD, PATRICK Count; 1 WC7016 TRAFFIC VIOL-ORDINANCE, : SPEEDING LIMITS Issuing Officer WEST, MARC Count 1 C32128 TRAFFIC VIOL-ORDINANCE SPEEDING LIMITS Issuing Officer WEST, MARC Count 1 WC7018 TRAFFIC MIOL-ORDINANCE SPEEDING LIMITS Issuing Officer WEST, MARC Count C32086 TRAFFIC VIOL-ORDINANCE SPEEDING LIMITS Issuing Officer GILBERTO, JACOB Count WC6974 TRAFFIC VIOL-ORDINANCE SPEEDING LIMITS Issuing Officer GOTHARD, PATRICK Count C32131 TRAFFIC VIOL-ORDINANCE SPEEDING LIMITS Issuing Officer WEST, MARC Count C32132 TRAFFIC VIOL-ORDINANCE - SPEEDING LIMITS Issuing Officer WEST, MARC Count 10,3 10 C32133 TRAFFIC VIOL-ORDINANCE SPEEDING LIMITS Date Reported 12/22/2021 CITATION CHARGES NUMBER Date Reported 12/28/2021 CITATION CHARGES NUMBER Issulng Officer WEST, MARC Count C31528 TRAFFIC VIOL-ORDINANCE SPEEDING LIMITS Issuing Officer GOTHARD, PATRICK Count C31835 TRAFFIC VIOL-STATUTE - DROVE MOTOR/OFF-MIGHWAD VEHICLE WHEN LICENSE REVOKED, TRAFFIC VIOL-STATUTE OWNER OPERATED/ALLOWED TO BE OPERATED/AN UNINSURED MV ON PUB, TRAFFIC VIOL-STATUTE - DISPLAYED EXPIRED NUMBER PLATES Date Reported 12/7/2021 CITATION CHARGES NUMBER Date Reported 12/10/2021 CITATION CHARGES NUMBER Date Reported 12/1/2021 CITATION CHARGES NUMBER Date Reported 12/1/2021 CITATION CHARGES NUMBER Issuing Officer WEST, MARC Count C32129 TRAFFIC VIOL-STATUTE DROVE VEHICLE UNDER RESTRAINT ALCOHOL/DRUG OFFENSE 1 Issuing Officer WEST, MARC Count WC7015 TRAFFIC VIOL-STATUTE DROVE VEHICLE WHEN LICENSE EXPIRED (1 YEAR ORI LESS), TRAFFIC VIOL-STATUTE SPEEDING > 10-19 MPH OVER PRIMA FACIE LIMIT Issuing Officer WEST, MARC Count 1 WC7017 TRAFFIC. VIOL-STATUTE - FAILED TO DRIVE IN A SINGLE LANE/WEAVING Issuing Officer WEST, MARC Count WC6443 TRAFFIC VIOL-STATUTE FAILED TO OBSERVE/PISREGAADED TRAFFIC CONTROL DEVICES 1 ,TRAFFIC VIOL-ORDINANCE DROVE WITH DEFECTIVE EQUIPMENT, TRAFFIC VIOL- STATUTE FAILED TO NOTIFY OF CHANGE OF NAME OR ADDRESS: > 30 DAYS Date Reported 12/3/2021 CITATION CHARGES NUMBER Date Reported 12/21/2021 CITATION CHARGES NUMBER Date Reported 12/29/2021 01/04/2022 09:46 Issuing Officer, HILL, BRYAN Count C31837 TRAFFIC VIOL-STATUTE - OWNER OPERATED/ALLOWED TO BE OPERATED/AN UNINSURED 1 MV ON PUB, PARKING VIOL DISPLAYED EXPIRED NUMBER PLATES Issuing Officer LANYON, JACOB Count 1 C31838 TRAFFIC VIOL-STATUTE RECKLESS DRIVING Issuing Officer LANYON, JACOB I0.a II 3533 008 00 t3 000000000000 - 000938053 - 4 - 0000 : 0000000000000 358 0000 : No 688 - 208 S 10.2 12 4 00000 000000°8 o s IN : 3 2 11 1 N 3 2 : 10. 13 4 C 5 0 s 88 60 0 10.3 14 : - 000400 - 33 3887 383 m 60 8889 60 2 N U 889 2 E 1 7 19 M 1619 E 0,a 14 0 5 68 - ES 88 N - I 3 4 16,, 15 38° 6 38 885 a 889 588 848-R - 15 1 MA 0a ILp 888 8888 00 10.a 17 88 00 008 00 I0, 18 888888 08 o - 00 00 2f 80 00 10, 19 88 888888 08 10,3 Dolores, Colorado) Est. 1900 Dolores Colorado To: From: Dt: RE: MAYOR AND TRUSTEES Ken Charles, Dolores Town Manager January 10, 2022 Meeting Information Update Monday/s Town Board Meeting On the agenda for our: regular meeting Monday January 10: There will be a discussion followed by Action on Resolution 466 to approve the IGA between the State of Colorado and the town to approve the SouthWEST Opioid Response District Agreement as a participating municipality. Jon Kelly and Ken Charles will present. There will be a discussion and action on the proposed Request for Proposals (RFP) for the Municipal Judge-Judge Shaner has resigned from the Dolores municipal judge position. Later in the agenda the town board will discuss/review the two applicants and appoint the new judge. Energy Performance Contracting-recently town staff met with members oft the town' s Energy Performance Contract consultant Iconergy to listen to the initial findings regarding the town's building facilities audit. The audit included an analysis oft the town's water meters, improvements to the blower system at the Wastewater Treatment Plant, town shop, town hall and streetlights. Generally, energy savings were more limited than at first thought. There are several items from the audit that merit attention though. Al briefreport and table follow my The town held two open houses on January 6 and 71 to allow members of the public to participate in aj presentation on the Draft LUC by the town's consultant Elizabeth Garvin and staff. The public will have the opportunity to make comments. Tentative schedule to adopt the revised Land Use Code (LUC). Beginning in October 20191 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 will hold a public hearing followed by a motion to recommend to the town board either approval ofthe code, approval with changes or to recommend not approving the LUC. 2. On. January 24, 2022, the mayor and trustees will review on First Reading adoption of development of a conceptual plan for Joel Rowell Park. General Updates Update. Iconergy will be the agenda for the January 24 meeting. full revised code. The schedule, subject to change is: the revised LUC 420 Central Ave, POI Box 6301 Dolores, CO.81323 Ph.970-882-7720 fax. 970-882-7466 https:!! owmotdolorescolomaiogow 10,3 a Dolores, Colorado) Est, 1900 3. Onl February 14, 2022, the mayor and trustees will hold a public hearing on the revised LUC followed by action to either approve the LUC, approve with changes or delay the The entire draft LUCi is posted online at the town's website and can be accessed from the Home Page. Also available is a Power Point prepared by Elizabeth Garvin that highlights the major changes in the LUC. Elizabeth will present the PP at the First Reading of the Adoption approval pending further changes. Ordinance January 24. might have. As you review the code, please contact me with questions, clarifications or comments that you Strategic Plan. On Monday January 17 from 6:30 to 9:00 pm there will be a workshop to Municipal Election candidate packets were made available January 4. To be eligible completed petitions must be returned to town hall to the town clerk by 5:00 pm January 24. January 11 61 pm The planning and! Zoning Commission will hold aj public hearing on the draft LUC. The public hearing will be followed with a recommendation to the town trustees to either January 13 The Parks committee will meet at town hall at 6:00 pm. Agenda items to include the JRP conceptual plan, ai report on the Dolores River plan developed by Aquahab and an update on discuss the draft Strategic Plan. Upcoming Events adopt the code, adopt with modifications or postpone. January 11 8:00 am. Ponderosa Restaurant Chamber board meeting. the Community Gardens project. January 17 6:30 pm Strategic planning session with mayor and trustees. January 20 Region 9 Regional Transit Council meeting. January 21 SWCCOG Board Retreat. January 24 Regular Town Board meeting. January 27 Region 91 Economic Development District ofs SW Colorado annual board meeting. January 12 CML Legislative workshop-free webinar. Provides a snapshot oft the upcoming legislative session. Register: htps/wvaw.emlon.homéhniwuntingsemsents20201124efaul- calendar/webinar-lpislative-preview-web-12-22. Ican register you ifinterested. StaffA Administrative 2022 Projects Complete LUC adoption process Complete Strategic Plan Upgrade employee handbook Watershed Protection Plan Integrate online payment system with new. Ampstum software and create online fillable forms Purge paper files per records retention schedule Update the town's entire fee schedule (some fees are >20 years old) 420 Central Ave, POI Box 630 Dolores, CO. 81323 Ph. 970-882-7720 fax. 970-882-7466 https:!) owmondolbrescolomaogow 10,3 4 Dolores, Colorado) Est. 1900 Report from Iconergy Energy Performance Contracting Update January 2022 Briefhistory- IGA contract in. July. Progress- RFP for Energy Performance Contracting was issued inl March 2022 Dolores Selected Iconergy as the Energy Services Company to perform the project and entered in tot the Iconergy has been working on the Investment Grade Audit ofall town facilities including an assessment of Iconergy is finalizing the recommendations for a project that will address the deficiencies identified in the IGA process and improve overall energy and operational efficiency of the towns facilities and water The goal ofthe project ist to accomplish facility improvements with little impact on the town's capital The current project isi in the realm of $1.1M andi targets improvements to the following systems: the towns water metering system metering system. budget Automated Metering Infrastructure for the towns water metering system Water Plant system improvements to lighting and system controls Maintenance Shop lighting, block heaters and HVAC system controls Town Hall HVAC system, insulation, building envelop, lighting and controls systems Street lighting system retrofit to LEDs Iconergy is evaluating grant applications and we are targeting a DOLA grant application for the March Current project pertormance indicators show 74% of project funding from grants is probable Most oft the remaining project costs can be funded through energy and operational savings resulting in little In addition, Iconergy is evaluating adjustments to the towns water rates which could potentially fund a significant portion of the remaining costs while keeping our water rates in line with surrounding We will continue to work on various project scopes and funding alternatives with Iconergy and they Iconergy plans to have IGA results finalized soon and we are targeting the. January 24th Board meeting or a Following guidance from the trustees, Iconergy will finalize the project scopes and budgets and prepare for cycle impact on Dolores Capital budgets. communities and water district rates complete their engineering work study session for aj presentation ofI IGA results and Q&A on the project. the March DOLA grant application. Application is due on March 4th. 420 Central Ave, P o Box 6301 Dolores, CO. 81323 Ph. 970-882-7720: fax. 970-882-7466 https:!l towpordolboresolomangeow 10,3 5 January 4, 2022 Iconergy- Town of Dolores Preliminary EPCI Project Measures and Budget Costs Location Water Meters Scope Upgrades Leak Detection Other Waters System ?? Improvements? LEDS Street lamps Sodium Existing accurate (99%+ pert testing) loss Proposed meters. Repeatersb beyondo city limits willr require drive-by. Adjust wastewaterr rate. kgal/yr ?? Empire isp performing LED replacements, buto only whenc old lamps reachl lifetime. Ifwec can New LEDI lamps SCADA. Thec cityv watert tank alreadyh hasa awireless connection protocol. Pour pad andi install. Tiei into disconnect onp pole behind building. New LEDI lamps temp sensors. Budget Budget Enerey Budget Ops ludgrt Total IimplementationCxt Saving Saving Saving Water Meter AMI Old, manuallyr readr meters, buts still Addo cellulare endpoints to existing $460,000 $0 $o $5,181 $400 $49 $o $0 $51 TBD $161 TBD $7,500 $7,500 $4,500 $4,500 $o $0 $10 $0 So $10 $0 $32 $0 $0 $0 $0 $0 $0 Switchover $o savings- twice annual cost $1,000 $0 $o $0 $655 $50 $0 10%-20%r non-revenuev water (NRW) Estimateds savingso of3 3,000 $125,000 $68,000 $7,100 $2,600 Street lights $5,181 $400 $59 $0 S0 $61 $0 4th StreetE Bridge Uights LEDbulb-o only upgrade. Grid connectionf for5 500V Wo ofl lighting, Replace with PVS Streetight 300kWh/mo. qty2 252-lampT T12 tankl level currentlyr nob backupp power gty2 262-lamp T12 Constant Speed Motors Currentlya all manual Water Plant LED well) Generator LED VFDsa and Motor Replacements Controls (add water Wellisn manually run,t time adjustedf for Addv water wells supplyt to existing $5,500 $65,823 $2,700 $0 Sewage Plant DOiss stockedo duringd day Controls (new) ando consumeda atr nightin thes spring/fall. Main blower: 24h, duringo day 2ndyb blower for 10-12h. MXE Bldg/ Shop Adds SCADAS systemy with DOa and $50,000 LED Block! heaters Tobeir investigated. qty3 372-lamp1 T8s( (20%0 ofv workingy year New! LEDI lamps priort tos snowe events. Backhoe & Loader/timer. (qty6) pluggedi ina allt time( (mid-Novt to March). $4,000 $194 $0 $0 $250 $100 $500 occuniedl Run2 24/7v when pluggedi in. Pluggedin Addt thermostatic control, maybe $7,000 $0 $13,000 Town! Hall (5000Ft2) Insulate sheriffsoffice Uninsulated concrete walls on3 35 sides Was oncep prison. Frame over $250: $100 $500 concretev walls ands sprayf foam. Drywall, paint. andn mold and stubf foundation top prevent water ingress, frame newv wall with insulationa andv windows.T- &a access to ducts. system forh heat/coold changeover. Reframeg garaget baysx2 Walls goc downt tog grade. Slabe extends Demo existingv walls, sawo cuts slab $71,000 fromi insidet too outside withr not thermal fort thermal break, newf footing Energyl loss, bldgo discomfort, snow Blow (more) cellulose. Need avalanchei inf fronto of Sherrif's office. raised walkways forr maintenace Existinga array maxes outp previous Enough tor maker netz zero (TBD) Ducts areu unbalanced! butir ing good Mightl lacko dampers. Didn't shape. Manys space! heaters/fans. check. Somer returns need tobe Mostlyl T8and T12 withs some LED New LEDI lamps break. Wateri observed. Attici insulation $19,000 HVAC Upgradet to VRF Half ofb bidgh has no cooling, other halfis Existing ducts seemsf fine. Damper $156,000 evap cool. baseline. Solar TAB LED Tobeil investigated. $25,000 $7,000 $11,000 $0 $705 $0 unblocked. (Especially Sherrif's officea atdistale end.) $1,099,723 $8,348 $12,102 $19,451 10,5 TREASURER'S REPORT TOWN OF DOLORES JANUARY3,2022 $300.00 $986,034.80 $122,455.76 $14,628.49 $859,464.40 $558,169.83 $681.61 $5,208.33 $3,255.33 $2,550,198.55 Petty Cash Hi-Fi Savings Account Checking Account Conservation Trust Fund ColoTrust Bonds Business Account (AFLAC) Regular Savings Account New Playground Account/Dc Total Cash/Reserve 11.1 PARKS/PLAYGROUND ADVISORY COMMITTEE REPORT 1. Community Garden: Our recommendation is to continue to move ahead with the proposal from Amber Lansing on behalf of the Good Samaritan Org and the Cortez Community Garden group who will help with layout, installation, and management. After a site walk with. Amber, Ken, Randy and others we recommend developing a site just East of the frost-free faucet at the West end of where the dirt pile was (now removed). We have asked Amber to work with Ken on an MOU and prepare a detailed proposal and plan for the BOT to discuss and consider for approval. Amber would like to work on site preparation, so the garden is ready for planting by early Spring. She has funds necessary for construction of a deer proof fence and beds for the garden. She also has a plan for volunteer recruitment to assist with all aspects of the garden project. 2. JRP sign: The sign is basically completed but based on Randy's recommendation will not be installed until Spring when the weather will permit the concrete work for installation and building of a barrier under the sign as required by Town ordinance. At that time the plaques for trees purchased by playground 3. Flanders Master Park plan and restroom construction: Ken can report on the 4. JRP Master Plan: We have been working with Ken on editing the RFP for the JRP Master Plan. It will be submitted to the BOT for approval and to potential 5. We are ini the process of reviewing the AquaHab proposal for CPWF Fishing is Fun funding. We are scheduling a Zoom call and site meeting with the proposal's author in January to assist with our recommended revisions. The proposal needs donors will also be installed. progress of this project. contractors once Ken feels the RFP is adequate. to be submitted early March. EL,1 2 MINUTES TOWN OFI DOLORES COLORADO PARKS/PIAYGROUND ADVISORY COMMITTEE DECEMBER! 9TH, 20216:00P.M. htps/Pownololoresgowy THEI MEETING WAS HELDUVEA AND' VIRTVALLYBYZOOMA SEE1 THE1 TOWN WEBSITE FOR RECORDING AT 1. CALL TO ORDER: Commissioner Grigg called the meeting to at 6:12 p.m. 2. ROLL CALL: Committee Members present: Kalin Grigg, Nikki Gillespie, Marianne Mate, and 2.1 Staff Present: Town Manager Ken Charles (virtually) and Town Clerk Tammy Neely. 3. IDENTIFIÇATION OF ACTUAL OR PERCEIVED CONFLICTS OF INTEREST. None stated or given. 4. ACTION/APPROVAL OF THE AGENDA, for the December gth, 2021, meeting: Agenda was approved. Commissioner Mate later mentioned that public comment needs to appear on the 5. Public Comment: Commissioner Grigg opened the meeting for public comment. No comment 6.A ACTION/APPROVAL OF THE MINUTES from November 11th, 2021, meeting. Commissioner Gillespie moved to approve the minutes for November 11th, 2021, seconded by Commissioner Hugh Robinson. Also present was Ex-Officio' Tracy Murphy. agenda. was given. Mate. Motion was approved. 7.DISCUSSION OF CONTINUING BUSINESS: Community Garden: The Community Garden group will be ready to go on with the community garden once a spot for the garden is established. Commissioner Grigg informed the committee that he hopes to get an MOU and a design ready to go before the Board of Trustees. Placement of the property was discussed, and it may be property on the south side of the playground. Funding has been approved for the garden. Trustee Murphy questioned drive up access to the garden. The predicted garden size will 20X30. Playground Park Sign: The sign is complete. Installation will need be later in the 2022 because of the weather. An obstacle will need to be placed under the sign sO that no injuries can happen. The sign was constructed according to the sign codes. Commissioner Grigg recommended the shrubs in the park be removed. They are being destroyed and will hide the pickets. Also discussed was a possibility of transplanting the survivors. Tree Plaques: The tree plaques have been misplaced. They discussed replacing them. Plaques are expected to be replaced next spring. 1LI 3 Flanders Parks Plan and restroom design/construction: Manager Charles remarked; the surveyi is done. There are meetings setup withi the Architecture. And he also discussed the JRPMaster Plan: Review of the Draft Consultant RFP. The RFP was enclosed in the packet. The Committee discussed the Master RFP funding. There are other parks to be considered. It was mentioned that there is a trails and mobility plan. This is about the selection ofwhat will need to be added tot the plan. Trustee Murphy remarked that there ist time spent on the documentation and not implementing it. Commissioner Robinson wants mor into the document. The Plan needs to show goals and show the best use of the space is what Commissioner Gillespie visioned. Facilitating the process would need to be priority. Manager Charles stated the community has done a very. good job using the resources they have. The chalienge will be is what gets excluded. Consuitants will talk to the stakeholders. Trustee Murphy commented that the orchard was not included in the RFP plan Existing structures and uses two pavilions, an orchard, existing bathroom structures, and soccer goals as well. The objective of the town is not to have a track and footballfield.ltist noti the responsibility oft the Town. Missing items for discussionare open space. Commissioner Grigg questioned the fitness stations, and pump track, these issues need to identify and prioritize and should be open ended. We are asking the Consultant to do a definitive process. Manager Charles stated it will take place during the interviewing process. Commissioner Robinson questioned the funding. There is al Wishlist and asked ifit will back to GOCO. Manager Charles stated it could include ini the scope of the plan. Diversity, equity, inclusion, Trustee Murphy suggested accessibility (DEIA). Manager Charles informed the committee if they ideas or questions on the scope of Habitat and Access Plan for Dolores River-Aqua Hab Inc report: Manager Charles presented a report from Corey Sue Hutchinson's proposal for a fishing is fun grant. Commissioner Mate found the proposal confusing and inaccurate. Trustee Murphy questioned pulling boulders from the riverbank was proposed. She asked if would destabilize the bank? Manager Charles suggested that a call with Corey would be needed grant. services to email him. toclarify the proposal. Aiso discuss was the grant project. 8. NEW BUSINESS: none 9ADIOURNMENT: Commissioner Grigg adjourned the meeting at 8:04 p.m. 14,1 Opioids Response Round-Up News From Attorney General Phil Weiser With critical mass ofl local government support reached, Colorado set to receive $385 million from opioid settlements with Johnson & Jan. 4, 2022 (DENVER)-Colorado stands to receive its maximum share ofi funding from legal settlements reached withJohnson &. Johnson and the nation'sthreel largest drug distribution companies that fueled the opioid crisis, Attorney General Phil Weiser announced today. With all 64 counties and nearly 100% ofthe municipalities needed signed ontot the settlements and aj joint framework for distributing opioid dollars throughout the state, Colorado iss set to receive approximately $385 million when the The settlement agreements with. Johnson &, Johnson and the drug distributors require states to have significant participation by their counties and municipalities in orderto receive maximum base and bonus payments. Thej joint framework that Attorney General Weiser unveiled in August is the mechanism his office used to garnerlocal government participation ini the Johnson &. Johnson and the distributors' settlements. This framework will also govern the distribution of any funds from future opioid settlements. Coloradoi is one ofthe first states to reach this critical local government participation threshold and "Bybringing togetheri this amazing level oflocal government support welli in advance of the. January: 26 sign-on deadline, Colorado is demonstrating its collaborative solving problem culture and commitment to combating the opioid epidemic. As a result, we: asa state will bej poised to act on our opioid response plan as soon as settlement dollars come to ours state. Ithank the department staff and our local government partners, including Colorado Counties! Inc. and the Colorado Municipal League for working collaborativelyto design the opioid framework and helping us achieve this incredible milestone,"4 Attorney Johnson and major drug distributors settlements arei finalized in 2022. maximize its settlement payments. General Weiser said. 14,1 Z Thej joint framework is structured according to ai memorandum of understanding between the Coloradol Department of Law and all counties, municipalities, towns, and county and city municipal corporations int the state that agree to the framework eveni ift they have not filed] lawsuits against opioid manufacturers or others fort their role in creating and fueling the opioid epidemic. Most ofthe opioid settlement proceeds go directlyto 19 regional collaboratives and) local governments for opioid abatement purposes such as drug treatment, recovery, prevention and education, and appropriate harm reduction programs. The attorney general's office worked withl local government representatives, including city and county attorneys and leaders from Colorado Counties, Inc., and the Colorado "Reaching 100% signatures from counties is a huge success and our commissioners are very proud ofthis. The members of Colorado Counties, Inc. truly appreciate the partnership counties developed with the attorney general's office during this entire process and believe this positive partnership is one ofthe reasons we: reached 100% participation from counties. This kind of collaboration and partnership is how government should work and is something the attorney general modeled well," said. John Swartout, executive "Municipalities from every: part of the state have seen the devastation caused by opioids. CMLI isj proud tol bej part ofstate-local partnership ati its best and is thankful fori the leadership ofAttorney General Weiser," said Kevin Bommer, executive director ofthe Colorado Municipal League, a non-profit, non-partisan organization representing270 The Johnson &Johnson settlement dollars willl bej paid over nine years, with the majority ofthe funds paid during thei first three years, and the drug distributor settlement dollars will be paid over 18 years. The: first payments are tol be delivered laterin 2022. Colorado expects additional settlement dollars from Mallinckrodt when it exitsl bankruptcy. The state has already received more than $8 million in: funds from a $101 million settlement Weiser continues toi investigate additional companies and individuals whol have contributed tot the opioid epidemic. For more information on thej joint framework and how Attorney General Weiser and the Department ofLaw are combating the opioid epidemic Municipal League, to develop the joint framework. director ofColorado Counties, Inc. Colorado cities and towns. with McKinsey & Company. please visit www.coggov/opioids: ### Media Contact Lawrence Pacheco DircorofCommunsatons AMTEICACICOEOIEEN (720) 508-6553 office I(720) 245-4689 cell Vi urwnsle 14,1 3 OCE 11 1300 Broadway, 6th floor, Denver, CO 80203 Unsubscribe spowers@co.montezuma.co.us Update Profile I Constant Contact Data Notice Sent by oplolds@coag.gov powered by Constant Contact Tryemail marketing for free today! 14, I 4 Town ofDolores Resolution No R466 Series 2022 A RESOLUTION APPROVING THE INTERGOVERNMENTAL AGREEMENT OF PARTICIPATING LOCAL GOVERNMENTS AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON 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 ofl 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 al Memorandum of Understanding, 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 of Understanding (the "Colorado MOU"). WHEREAS, pursuant to the Terms oft the Colorado MOU, Participating Local Governments must organize themselves into Regions, as further depicted inl 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 locai 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 of 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(1)b), C.R.S., to do all acts and make all regulations which may bei necessary or expedient for1 the promotion ofhealth or laws of the siaie of Colorado. the suppression of disease. WHEREAS Colorado Revised Statutes, $31-15-401 grants general police powers to the Board ofTrustees to promulgate ordinances for the health, safety, and welfare oft the public. WHEREAS, thel Board ofTrustees determines that it isi ini the best interests oft the health, safety and welfare oft the inhabitants of the Town to exercise its express statutory authority to enter into the Agreement. (4,1 5 NOW, THEREFORE, BEI ITI RESOLVED by the Board ofTrustees of the Town ofI Dolores: 1. The' Town of] Dolores elects to enter into the SouthWEST Opioid Response District (SWORD). Agreement attached hereto as. Exhibit A as aj participating municipality and to 2. The Board ofTrustees designate and authorize the mayor oft the Town ofl Dolores, to bel bound by its terms. execute the Agreement on the' Town'st behalf. Passed, adopted and approved this 11th Day of January 2022. THE: BOARD OF TRUSTEES OF THE TOWN OF DOLORES: By: Mayor Chad Wheelus Attest: Town Clerk Tammy Neely 14.1 Lp SouthWEST Opioid Response District (SWORD) INTERGOVERNMENTAL AGREEMENT OF PARTICIPATINGLOCAL GOVERNMENTS THIS SouthWEST Opioid Response District (SWORD) INTERGOVERNMENTAL AGREEMENT (he"Agrememt)ismade 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 of Colorado 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 Countiesi including the Southern Ute and Ute Mountain Ute Indian Tribes; 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 Share according 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 aj participating be entitled to Opioid Funds and shall administer its Regional Share allocation; eachl Region shall create its own Regional Council; Council shall proceed in accordance with the provisions of the Colorado MOU; county or municipal government within that Region; 14, I 7 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 incorporated 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. 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 oft the Regional Council, and toi the extent practicable, each Voting Member shall reside, or be employed by, a different city/town within the counties. Voting Members shall be selected as follows: i. lre representative 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). A1 rotating city member shall be selected by majority vote of the cities within each county who do not have a Voting Member currently sitting on the communities that chose to designate to the regional pool. and consist of at least seven (7) members from the following: 2 14,1 Regional Council. region. ii. At least 1 representative from each public health department within the iv. Atl least 1 representative from a county human services department. V. Atl 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 ai municipal or county court system within 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 Parties and comprised of, but not limited to the following, and shall not toinclude providers who may bei recipients of funds: i. Representatives from behavioral health providers. ii. Representatives from health care providers. iii. Kecovery/treatment experts. iv. Other county or city representatives. V. Tribal representatives. vi. Ar representative from the Attorney General's Office as desired. vii. Communily representalive(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 ofthe 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 al 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 ofthis Agreement. 3 1H, 4 a. Ifa Voting Member resigns or is otherwise removed from the SWORD Council prior to the expiration oft their term, ar 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 thel 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 Member 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 shall be the entity that is responsible 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 in this section 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 up thel Regional Council, the parties involved in1 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 Coloradol laws 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 3.9. Conflicts of Interest: All Members of the Council, voting and non-voting, shall abide by the contlict-of-interest rules applicable to local government officials under state also be subject to an accounting from the. Abatement Council. abating the opioid crisis in Colorado. abating the opioid crisis in Colorado. law. 14.1 10 3.10. Ethics Laws: Members of the Council shall abide by theirl 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 no such ethics laws exist, by applicable state ethics laws. decisions by a majority vote ofits Members. 4. REGIONAL FISCAL AGENT 4.1. Purpose: According to the Colorado MOU, the Regional Council must designate af 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 fori the benefit oft the entire. Region. This may also include 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, or until a replacement fiscal agent has been appointed by thel 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: Thel 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 procures 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 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 agreeable to the fiscal agent. b. 14, LI the Regional Council's expenditures were for Approved Purposes and Recordkeeping: The Regional fiscal agent shall maintain necessary records with regard the Regional Council'sm 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 to the entire. Region, subject tot the limitations set forthi int this Section 4. Thet 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 toi the Colorado MOU, thet total administrative fee paid by the Regional Council for all administrative costs shall not exceed actual costs or 10% oft the Region's allocation oft the Regional Share, whichever is less. This Parties agree that the Regional fiscal agent shall receive an administrative fee of 10%, ori its actual costs if1 less, 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 bel based upon each Party's organization-wide cost allocation plan that allocates indirect costs across operations prepared in accordance with the cost principles found in the Office ofManagement and Budget Circular A-87, "Cost Principles for State, Local and The Parties further agree thati ifthei fiscal agent becomesinvolved: in litigation ori isi required to 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: If the fiscal agent has a reasonable basis tol believe that any proposed use or expenditure of Opioid Funds would violate the terms oft the MOU or any settlement agreement, if procurement of goods or services would be inconsistent with its own procurement code and/or policies, orifthe proposed terms and conditions any proposed contract or agreement contain terms that arei not agreeable tot 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 ift the fiscal agent incurs any costs, expenses, 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 authority and power vested by the Colorado MOU. Indian Tribal Governments". result oft the fiscal agent's gross negligence or willful conduct. 14,1 la 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 oft the Agreement or withdrawal from participation ini the Regional Council. Opioid Funds to the Abatement Council. 5. REGIONAL TWO-YEARPLAN 5.1. Purpose: According to the Colorado MOU, as part of the Regional Council's request toi 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 of2-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 crisisi 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. . 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 oft 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, with 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 thei right and authority tor refrain 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 iti receives from its allocation of the Regional Share, the Regional Council shall alert the Abatement Council within sixty (60) 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'sr right to seek recoupment of any deficiency ini its Regional Share. 7 14,1 183 8. RECORDKEEPING the Agreement. 9. TERM. The acting Regional fiscal agent shall be responsible for maintaining records consistent with The Agreement will commence on the date iti 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 of this Agreement or any remedies available to thel Parties hereunder. L.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 oft 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 or 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 to intervene in such action or lawsuit toj protect and assert its claims of privilege against disclosure of such material or 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 of 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 definedi ini the Colorado. MOU. Ifal legal action relates tol both this Agreement and the Colorado MOU, venue shall also be in a court of competent jurisdiction where a Settlement or consent decree was entered. 13. TERMINATION 14,1 I4 The Parties enter into this Agreement to serve the public interest. Ifthis 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 the right to terminate the Agreement with cause upon written notice effective immediately, 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 ofits Opioid Funds and the other procedures outlined in this Agreement. Rather, any. Party'sd decision tot 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: (I)certified mail, return receipt requested, postage prepaid, three business days after being deposited in the 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 electronici 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 1507 Pagosa Springs, CO81147 Town of] Pagosa Springs PO Box 1859 Pagosa Springs, CO81147 Dolores County - Dolores County PO Box 608 Dove Creek, CO81324 Town of Dove Creek - PO: Box 508 Dove Creek, CO 81324 Town of Rico - PO Box 9 Rico, CO 81332 La Plata County - 1101 E. 2nd Avenue Durango, CO81301 Town of] Bayfield-P PO Box 80. Bayfield, CO81122 City of Durango - 9491 E. 2nd Avenue Durango, CO 81301 Town of] Ignacio - PO Box 459 Ignacio, CO81137 Montezuma County - 109 W. Main Street #260 Cortez, CO 81321 City of Cortez- - 123 Roger Smith Avenue Cortez, CO81321 14,1 15 Town of] Dolores PO Box 630 Dolores, CO81323 Town ofl Mancos - PO Box 487 Mancos, CO81328 San Juan County- PO Box 466 Silverton, CO 81433 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 in this Agreement. 15. GENERALTERMS AND CONDITIONS 15.1. Independent Entities. The Parties enteri into this Agreement as separate, independent governmental entities and shall maintain such status throughout. 15.2. Assignment. This Agreement shall not be assigned by any Party without the prior written consent ofs all Parties. Any assignment or subcontracting without such consent will bei ineffective and void and will be cause for termination ofthis 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 of 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. No Construction Against Drafting Party. The Parties andi 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 authority then current, as may have been changed or amended since the execution of continue in full force and effect. prepared by a particular Party. hereof, unless otherwise noted. this Agreement. 10 14.1 ILp 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 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 toi the benefit of and shall be binding upon the Parties and their respective successors 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 suchi termination or expiration and shall be enforceable against aP Party ifs such Party fails toj 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 ofthe 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 samei instrument. The Parties approve the use of electronic signatures for execution of this Agreement. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. $S 24-71.3-101, et seq. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because iti isi in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of Agreement. manner as set forth in the Colorado MOU. 11 KL 17 an electronic document, or aj paper copy ofa document bearing an electronic signature, on the ground that it 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, Bylaws Exhibit B, REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 12 14,1 18 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: La 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, 19 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 of Trustees 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, 20 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 CORTEL, 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 14,2 Town ofDolores Resolution No R467 SERIES 2022 ARESOLUTION DESINATING PUBLIC PLACE FOR POSTING PUBLIC NOTICES IN COMPLIANCE WITHTHE COLORADO: SUNSHINE ACT OF 1972 WHEREAS, the Town of Dolores, Colorado is a statutory town incorporated under the WHEREAS, CRS $ 24-6-402 requires aj public body to annually designate the public place WHEREAS, the south entrance of the Dolores Town Hall at 420 Central Ave, Dolores, Colorado has al bulletin board in al location which are open to the public during day and evening laws of the state of Colorado; and, for posting timely notice of public meetings; hours; and, WHEREAS, the' Town of] Dolores maintains a website at ntps/fownotdolores.colorado.gov NOW, THEREFORE, BE IT RESOLVED by the Board ofTrustees oft the Town ofDolores THAT: Thel bulletin board outside oft town hall at the south entrance at 420 Central Ave, Dolores, Colorado and the Town's s website are hereby designated as the public places fori the posting of the Town of Dolores Board ofTrustees Agendas, the Town of] Dolores Planning Commission Agendas, with aj page for public notices. and any Town committee agendas fori the year 2022. Passed, adopted and approved this 10th day of January, 2022. THE BOARD OF TRUSTEES OF THE TOWN OF DOLORES: By: Mayor Chad Wheelus Attest: Town Clerk' Tammy Neely 15,1 Dolores Joe Rowell Park Master Plan RFP Date I. Invitation The Town of] Dolores invites all interested, qualified persons or firms capable of providing the required services to submit proposals for planning and conceptual design services for Joe Rowell Park (JRP). The Town is requesting proposals from a design team with a Professional Landscape Architect, licensed in the State of Colorado, to provide planning and conceptual design services. Services to be provided by the Consultant team will include but not be limited to project programming, development and evaluation conceptual alternatives as part of the public engagement process, and final conceptual designs of] Joe Rowell Park. The Town reserves the right toi negotiate any and all elements of any Consultant proposal. II. Introduction and Background JRP is 24-acres in size and is located at the western entrance to the town of Dolores. The Park is highly treasured by residents and visitors. Existing structures and uses include: Children's playground Dolores River Infrastructure Three ballfields. The Dolores River trail Picnic areas Two pavilions Restrooms Open multi-purpose field Concrete basketball court Open Space Community Garden There areinnovative ideas, suggestions and concepts for additional uses oft the park the Town Dolores Parks Advisory Committee and town personnel are considering. Rather than look at these innovative ideas individually or piece meal thei town has decided to have a community conversation and design concepts by utilizing services ofa professional team. Iti is the objective of the Town to: 1 15,1 2 1) Develop an overall evaluation of. JRP, relative to the Town of Dolores residents for park and recreation amenities and site opportunities and constraints. The plan should address how each park amenity functions in relation tot the others with 2) Conceptually design the new park elements in accordance with federal, state and local standards, ADA accessibility standards and specifications. 3) The following new park amenities and uses could be considered for conceptual program elements based on the big picture. development of the new community park. Pump track/Skate Park Adult fitness station Shade structure Pickle ball court Ballfield Concession stand/Restrooms Narrow gauge railroad track Open Space Dog Park Perimeter/Interior pathways Dolores River Kayak Access Infrastructure Pavilion(s) Multi-purpose field/Soccer field II Scope ofServices The town isl looking for a multi-disciplinary project Consultant Team (Consultant) to provide professional site planning, landscape architecture, public participation services, and conceptual design serviçes. Program Through a public meeting process develop a program or detailed list of activities and facilities that are appropriate for. JRP. Detailed program should include quantity, size, description, character of facilities and supported activities. Conceptual Design Conceptual design alternatives for JRP should be developed by the consultant in coordination with the Town Parks Advisory Committee and town staff. Conceptual design should be developed for JRP to sufficiently depict the design concepts and provide detail for evaluation and comparison of the concepts. A minimum of two design alternatives shall be prepared for JRP. Meeting Attendance The consultant shall facilitate an estimated four meetings. These meetings shall include: 2 15,1 3 1. Aninitial on-site scoping meeting with thel Parks Advisory committee and to 2. Public meetings with affected interest groups and the public. 3. Public meeting to review design ideas and options for park design with the become familiar with JRP. affected interests and the public. 4. - Public meeting toj present final option. Additional staff and consultant phone conferences and/or meetings will be held as Consultant shall be responsible for providing agenda and meeting minutes for all meetings. The consultant shall provide hourly rates and associated fees for additional meetings and preparation of conceptual plan drawings and maps required for The consultant shall provide six 11"x17" hardcopy and an electronic version of all conceptual design sheets for review. Specifications and other written documents needed. meetings. should be submitted electronically as Word format. IV. Instructions to Proposers The consultant shall provide either one electronic or hard copy of the proposal. Proposals shall not exceed twenty pages in length. Proposals shall be submitted to Town ofDolores, PO Box 630, Dolores, CO 81323 or to' Town Manager Ken Charles at sctowadactsicn. The proposals shall be organized using the following format: 1. Table of contents 2. References and Experience-list of projects your Team has completed the past five years that arel liket that requested by the Town of Dolores. With each reference, include the name, address, persons to contact and telephone number, a description of the project completed, and the time required to complete the project. Include 3. Project Organization-list key personnel that will be assigned to the project. List the person' 's name, title, project assignments, years of experience, licenses and other qualifications. List any sub-consultant personnel and describe past roles any 4. Describe your work plan for each element of the project. The selected consultant will bei required to submit a detailed work plan that should include a spreadsheet quantifying each Scope of Work component by estimated hours by staff. 5. Include all services that will not bei included in the contract and are expected tol be 6. Include al lump sum cost for each service for each element of the proposal. 7. Include a statement that the firm maintains the necessary liability, vehicle, involvement in later construction phases. sub-consultant played for your Team. provided by the Town of] Dolores. workman's compensation insurance. 3 15.1 4 V. Selection Criteria A selection committee comprised oftown personnel and the Parks Advisory Committee will evaluate the proposals using the following criteria: 1. Strength and capability of project team. 2. The experience oft the project team, working together, inj providing similar 3. Key personnel assigned to the project, and their experience with similar projects. 4. Narrative and project approach including goals, controls, concepts and critical 6. Ability. of the consultant to complete the work in acost-effective manner. services. issues. 5. Time frame for completion of the project. 7. Overall responsiveness to thel RFP. VI. Requirements and General Information Proposals shall be submitted with either one hard copy and/or an electronic copy. Proposals should be: submitted to Town of Dolores PO Box 630, 420 Central Avenue, The Town ofl Dolores reserves the right to: reject any and all proposals, to waive any informalities or minori irregularities inj proposals, and to accept thej proposal deemed, Dolores, CO 81323. Email to amsgeratowmatdonicon by nt the town's opinion, tol bei in thel best interest oft the Town. VII. Attachments Exhibit 1: Site map of. JRP Exhibit 2: Parks and Recreation Master Plan 4