Plane crash reported northwest of Dolores

A recent plane crash some 10 miles northwest of the Town of Dolores resulted in two fatalities, according to information posted on the Aviation Safety Network website.

A small private plane crashed and caught fire, killing both occupants, according to the site. The crash occurred on Sunday, Jan. 7, according to the information posted there. However, the National Transportation Safety Board stated in an email that the crash occurred on Friday, Jan. 5.

In an email, the National Transportation Safety Board stated:

“The NTSB is investigating the crash of a Just Aircraft Highlander on Jan. 5 near Dolores, Colorado. The preliminary information we have is that the plane impacted a private airstrip in the San Juan Forest, 10 miles northwest of Dolores under unknown circumstances.

NTSB investigations involve three primary areas: the pilot, the aircraft and the operating environment. As part of this process, investigators will gather the following information and records:

Flight track data
Recordings of any air traffic control communications
Aircraft maintenance records
Weather forecasts and actual weather and lighting conditions around the time of the accident
Pilot’s license, ratings and recency of flight experience
72-hour background of the pilot to determine if there were any issues that could have affected the pilot’s ability to safety operate the flight
Witness statements
Electronic devices that could contain information relevant to the investigation
Any available surveillance video, including from doorbell cameras

During the on-scene phase of the investigative process, the NTSB does not determine or speculate about the cause of the accident.

The NTSB has no role in the release of the identities of accident victims and/or the extent and number of injuries nor does it release the identities of those injured or killed; that’s handled by local authorities.”

Published in Breaking News

All good things must come to an end

Twenty years ago, a few of us local jour­nalists launched the Four Corners Free Press in Cortez. We wanted to offer an in-depth, alternative publication that would cover the Four Corners region.

Our first issue in September 2003 fitted with that mission – it contained an article by David Long about proposed improve­ments to the Four Corners Monument.

Since then, we’ve covered issues and topics all over the Four Corners. Condors and bison in Grand Canyon National Park in Arizona. An ATV controversy and illegal trail ride, a Salt Creek dispute in Canyonlands, and arguments over Bears Ears National Monument, all in San Juan County, Utah. The battle over the pro­posed but ultimately rejected Desert Rock Power Plant in New Mexico. Developer Red McCombs’ efforts to build the “Vil­lage at Wolf Creek” (labeled the “pillage” by opponents) in Colorado. And hundreds of issues here at home in Montezuma County: land use, political protests, crime, the environment, health care, education, and the economy.

Despite the fact that we publish just once a month, we’ve had countless scoops and exclusives.

We’ve won numerous awards, in mul­tiple categories, in the annual four-state Society of Professional Journalists Top of the Rockies competitions.

We’ve provided an outlet for freelance work by local reporters; opinion, human-interest and health columnists (yes, we used to have a health section); photog­raphers; and reviewers. We’ve publicized numerous local events in our arts section.

But time marches on and things change. Many people now get their “news” from social media. They expect information to materialize out of the air and land on their smartphones for free.

Once upon a time, we had a number of different advertisers. Then came the pandemic, the resulting shutdowns and an economic crunch. Many of our advertisers left and never came back.

We’ve grown older. We’ve lost some of our contributors, sadly, to death (Mari­lyn Boynton, Connie Gotsch, Phil Hall, Wendy Davis, Doug Karhan). Others moved away or took jobs that left them no time to write for us. We’re now basically down to one reporter (the editor).

And we’ve grown a bit weary, after 20 years, of still having people tell us, “I don’t pay for your paper because it says FREE in the name,” as if in their entire lives they have never grasped the concept of a free press. We’re also fed up with the thieves who grab handfuls of papers to use for fire-starter, as if we pay expensive printing costs every month just to provide some­thing with which to start a campfire.

So this is to be our final issue.

We wish you well, readers, and hope you are able to find the news you want and need elsewhere. It’s a challenge these days. No one wants to have to pay for the news, but very few people want to do the actual work of journalism for free. The idea of “citizen journalists” filling the gaps hasn’t borne out so far. Real reporting is hard work, folks. It doesn’t consist of just going to a meeting or hearing a rumor and then putting some personal rant on a website.

Everyone, it seems, despises the main­stream media these days, lashing out at it for not covering the right stories, being too bland and wishy-washy, being too biased, being beholden to advertisers, and so on. We’re rapidly moving into a society where there won’t be any MSM beyond a few grant-funded nonprofits. Some people will welcome that. But it does raise ques­tions about how communities will operate without central, broadly viewed sources of information about local meetings, events, sports, schools, and businesses. The new nonprofits are generally not based in small communities and don’t cover those day-to-day things.

So, without reporters going to meetings on a regular basis and acting as watch­dogs, many local governments and special districts will have free rein to spend and manage as they please.

Ironically, in the past few months we’ve received a number of requests for us to do New York Times-style investigations into local boards, to write features about unappreciated nonprofits and other very worthy topics, or to attend lectures, photo opportunities, and other events. Again, we have only one reporter, so all this just isn’t possible.

Fortunately, you do have other media outlets in the local area, so it’s crucial that you support them if you can.

We have many, many people to thank and we can’t possibly list them all by name. But thanks to all our columnists and reviewers – who wrote for us for free. It’s more difficult than people realize to come up with a piece every month. We’ve also had great local photographers share their work with us, again for free.

Thanks to the reporters and ad design­ers we’ve had over the years, who did get a little money for their work. All of them had to work other jobs as well, of course, because no one could possibly survive on the pittance we doled out.

Thanks to our proofreaders and to Duane Abel for his free comics.

Thanks to local law enforcement for their transparency and helpfulness in providing the incident reports upon which Crime Waves (written by David Long) is based.

Thanks to our kind and generous land­lord, Mitchell Toms.

Thanks to the many businesses and institutions that were willing to house our newsstands and wire racks.

Thanks to the people who helped distrib­ute the Free Press around the region.

Major thanks to the folks who, out of the blue, gave us monetary donations.

Special thanks to Pixel Right for hosting and oper­ating our website, which has a great archive.

Thanks to our (paying) readers and our subscribers – who will be getting money back for the issues they’ve paid for but won’t receive (unless you tell us you don’t want refunds). Just give us a little time, folks – we have one person who has to hand-write the checks and address the envelopes. DO NOT GO TO PAYPAL AND REQUEST A REFUND THAT WAY, THEY CHARGE A BIG FEE THAT COSTS MORE THAN THE SUBSCRIPTION! Call or email us if you have questions, 970-565-4422, freepress@fone.net.

And our great gratitude to our adver­tisers, especially the following ones who stuck with us throughout the pandemic and were with us at the very end: Absolute Bakery and Café; Books; Cliffrose; Cortez Retail Enhancement Association; Dolo­res State Bank; Doobie Sisters; Empire Electric; Farmers/Fone.net; H & R Block; Heidi Trainor; Johnson Law; KRTZ and KVFC; KSJD; The Local Pages; Maria’s Bookshop; Pixel Right; Shear Shack; Southwest Seed; and Trees of Trail Can­yon. You kept us going.

It’s been a fun run. Now we will move on to other projects.

Published in Editorials

Budget pushback: County’s efforts to slash spending raise concerns about sheriff’s funding

Falling revenues have led the Montezuma County commissioners to shrink the budgets of many departments countywide.

But a number of people are questioning the wisdom of cutting the budget of the Montezuma County Sheriff’s Office at a time when the area faces increased incursions by drug cartels as well as ever-growing incidenc­es of theft, assault, and domestic violence.

At a special meeting on Dec. 28, despite criticism from a number of citizens and a request from Sheriff Steve Nowlin not to approve the sheriff’s and detention center’s budgets, the commissioners voted unani­mously to pass the 2024 budget they had crafted – which eliminates a number of cur­rently unfilled positions in the MCSO.

“I understand cuts, and there’s only so much of a piece of the pie that I get,” com­mented Sheriff Steve Nowlin in a phone interview with the Four Corners Free Press in mid-January. “It just didn’t need to be such a thin piece.

“This is a 24/7 operation. Looking at the budget for 2024, I don’t know how I’m going to be able to do it, but I’ll try.”

Declining revenues necessitate the cuts, the commissioners and County Administra­tor Travis Anderson have said repeatedly.

“The general fund continues to be in a def­icit,” Anderson said at the special meeting.

At present the county is looking at about $16.4 million in revenues but about $17.2 million in expenditures, he told the Free Press in a phone interview.

Anderson said the county will lose about $450,000 across all the agencies that fall un­der the general fund.

Lower property taxes

At the Dec. 28 meeting, both he and Com­mission Chair Jim Candelaria blamed actions by the Colorado State Legislature for much of the problem.

In November 2023, Colorado voters re­jected Proposition HH, a ballot proposal that would have provided average homeown­ers some relief from property taxes. Those are expected to rise sharply because of an improving economy as well as the repeal in 2020 of the Gallagher Amendment, which held down residential property taxes.

When Proposition HH failed, the legisla­ture in a special session reduced the residen­tial property-tax assessment rate and also said that $55,000 of home values is exempt from taxation.

“This is a big decrease to our budget,” Candelaria said. He said last year, the coun­ty’s revenues were $18.63 million.

“We keep going backwards. Our expendi­tures are higher, our insurance is through the roof. We have to stay within a budget.”

Commissioner Kent Lindsay commented that carbon-dioxide producer Kinder Mor­gan, which traditionally has provided about half of the county’s property-tax revenues, is extracting less carbon dioxide, also leading to declining monies.

“Kinder Morgan is off 18 percent. It was off 36 percent two years ago,” Lindsay said. “I don’t see Kinder Morgan coming back on line with what they had.

“We became dependent on it. We used that money. It did all of our departments some good. We’re seeing reductions in our prop­erty taxes. Our only out is to ask for a sales tax in 2024. . . this is where the buck stops and we have to make cuts we don’t want to make.”

Lindsay continued, “We don’t want to cut officers. And I’d like to see every road in Montezuma County paved, but just like you, we have a checkbook and that checkbook is drying up fast.”

Pushback

The result has been a cutback in most county departments’ budgets as well as a shuffling of funds from some budgets to others.

At the Dec. 28 meeting, Anderson listed the cuts or increases for different depart­ments. For instance, natural resources was cut about 36 percent, administration nearly 10 percent, and a clean-up fund about 44 percent.

“Administration is not getting a $40,000 and $50,000 raise,” Anderson said in refer­ence to some accusations during the public-comment period. ”We’re getting the 5 per­cent everybody else is getting.”

He said the commissioners’ budget rose 3.7 percent because of dues, travel and train­ing, the GIS department’s increased 6.5 per­cent due to maintenance contracts and re­quired training, and the elections budget was up nearly 10 percent because of the 2024 election.

The county’s noxious-weed and economic-development departments have been com­pletely revamped, with the directors of both of those departments laid off. However, it has been the cutting of the Montezuma County Sheriff’s Office’s budget that has raised the most public concern and pushback.

“Law enforcement is the stability of this county, it’s the foundation of a good home,” Edward Anderson told the commission­ers during public comment at their Dec. 19 meeting.

“For administrators to even think about cutting it, I think they should cut their wag­es, not raise their wages. It’s time for us as a whole to maybe pay more taxes to support that. I know it’s not what people want to hear but I think it’s a real thing. . . My wife had a passion for the invasive-weed unit and was let go. You had an economic developer that was let go. . . It’s just like the weeds in your yard, if you don’t maintain it, it’s going to get out of control. Your budget is going to be that.”

And at the Dec. 28 meeting, Sheriff De­tective Victor Galarza, a member of the MCSO for 12 years who said he has “paid in blood, sweat and tears for the honor to serve and protect the place I call home,” told the board that “the rise of violent crime, felony assaults on peace officers in our county and the removal of several positions and budget cuts within our agency – this will only place our law-enforcement officers in danger as well as the rest of the county.”

On Nov. 29, 2023, Cortez Police Sgt. Mi­chael Moran was shot and killed by a man during a traffic stoop.

Galarza, a member of the Montezuma-Cortez Drug Investigation Team, “one of the smallest drug task forces in the state,” said they are pursuing drug traffickers who “are taking a foothold in our county, who are trafficking not hundreds, not thousands, but tens of thousands of Fentanyl pills and ki­los of crystal methamphetamine and several other illegal substances.

“With drug trafficking comes an array of other felony crimes,” Galarza said. “Let me remind you, one Fentanyl pill can kill.

“By removing full-time positions and cut­ting our budget, this body of elected officials will hamper our ability to combat this poison from coming into the place we call home.”

Galarza said sheriff’s employees have very low salaries compared to other law-enforce­ment agencies within the state and region, as well as no real retirement benefits. “And now our jobs are about to get even more danger­ous with these cuts. The question is, why would we stay?”

Eric Fisher, another county resident, said, “Our crime rate is at an all-time high and it’s scary to think we’re going to take the war­riors off the street that fight that crime.”

Susan Barritt of Cortez said crime and drugs have gotten so much worse, “I don’t know how you can think of getting rid of some of the officers. They’re doing a great job and putting their life on the line for us and they all deserve a pay raise.”

Dena Guttridge of Cortez pleaded with the commissioners not to approve the bud­get as it was presented.

“I have three of my children in law en­forcement in Cortez,” Guttridge said. “Mon­tezuma County covers over 2,000 square miles. Two officers at a time are trying to patrol that area. Cutting those positions is going to put us all in danger. . . . This is not a good plan.”

No firings

“This is always a tough time and it’s always hard to make decisions like this,” Commis­sioner Gerald Koppenhafer responded at the Dec. 28 meeting, “but we’ve got a lot of other positions in this county that have to be taken care of also. Several of these [sheriff’s office] positions were never filled to begin, with so it’s not like we’re cutting somebody’s job – we didn’t fire anybody.”

Candelaria echoed that. “Nobody lost their jobs, so if that’s what’s being spread out there – no one in the sheriff’s office lost their jobs. Grant-funded positions have been lost, that is absolutely correct. With the reductions in the budget there are things that have to be cut. . . We can’t keep spending more than what we have. We’re already going almost $1 million into reserves to provide what we have right now.”

In 2019, the commissioners at the time pulled $3.7 million from reserves and allot­ted it to the Road and Bridge Department to pave more county roads.

Koppenhafer continued, “You think we want to take officers off? We don’t. I drive all over the place doing veterinary work and stuff so I see how many deputies are out pa­trolling in other counties around this area. We’ve got as many right here as any place in this whole Four Corners area.”

However, Nowlin told the Free Press he doesn’t believe that’s true.

A sales tax?

The commissioners have talked about put­ting a proposal for a “public-safety sales tax” on the November 2024 ballot. It would pro­vide money for the sheriff’s office, detention center and drug task force, the board said at a Jan. 9 meeting.

Nowlin told the Free Press he isn’t sure whether such a tax would pass or, if it did, how much it would help.

“They couldn’t get a general sales tax passed,” he said, in reference to past county proposals that failed at the ballot. He add­ed that the language of any proposal for a public-safety sales tax would need to be very specific about where the money can go and who decides that.

“This tax needs to spell out exactly what the sheriff’s office will receive. It has to be stated that the sheriff gets to allot that mon­ey into the line items – not the administrator or commissioners.”

Nowlin said the issue is not just cutting positions, it’s “de-funding.

The sheriff is elected directly by the vot­ers, but county commissioners approve the sheriff’s budget. (Nowlin was first elected in 2013 and is serving his third term.) Under state statutes, the sheriff can hire as many deputies as needed and can set their salaries as well, but those budgets have to be ap­proved by the county commissioners.

Nowlin said the county has taken money from some of the numerous funds his of­fice handles and shifted them into other funds, often grabbing money that Nowlin had worked to save and carry over from year to year.

He cited the budget for pretrial services as an example. The pretrial program keeps defendants who are awaiting trial out of the detention center, he explained. “They pay $50 to be on pretrial until adjudicated. Judges put them on it generally if they are accused of lower felonies and misdemeanors.” Two deputies monitor the pretrial clients, which may mean drug-testing, ankle monitoring, or other things. The MCSO has had as many as 300 people on pretrial at a time, Nowlin said.

He said in the past he was able to get the commission to agree that “whatever the pre­trial annual intake was for the county, I would develop a budget that would include over­time, training, vehicle expenses, and operat­ing. It would carry over into the next year.”

In 2022, the pretrial budget was $55,205, he said. The unexpended amount for that year was $35,430, “so there wasn’t a lot that was spent and it carried over in 2023. In 2023 I had $69,077 in there – $15,000 set aside for training, $44,000 for operating, and $10,000 for vehicle expenses. That just rolls over starting in January.”

However, in the 2024 budget, he said, “That got cut. The commissioners poured it into the detentions budget. They moved training, operation and vehicle expenses into the detentions budget.

“I was saving money. That went away.”

Unsigned contract

Another major issue, Nowlin told the Free Press, was the MCSO’s proposed contract with the Town of Dolores. Unlike the Town of Mancos, Dolores does not have its own marshal’s office to provide law enforcement but has traditionally contracted with the MCSO to cover the town, paying money on top of what the MCSO receives from prop­erty taxes.

But that has apparently fallen apart.

At the Nov. 27, 2023, meeting of the Do­lores Town Board, Nowlin said over the past nine years he and the town had been able to work together, that he had tried to keep costs as minimal as possible when presenting them with a budget every year.

“That ended on January 1st of this year,” he told them.

The county’s budget committee, which consists of Administrator Anderson, Com­missioner Candelaria, and Chief Finance Of­ficer Faedra Grubb, believed that the town was not paying the MCSO enough, Nowlin said. He told the Dolores Town Board that county officials didn’t seem to understand that the county was not subsidizing the town.

“We explained that whether there was a contract or not, the sheriff by law, statute, has to provide service to the county,” Nowlin told the town board.

He said he told the budget committee that, “Even if we had no contract, I still have to provide services to the people in that town. I am required to do that by law. They pay prop­erty taxes, so this money was on top of that to assist the sheriff’s office.”

But he said the discussion “went south.”

“I’m sorry,” he told the town board. “I work for the people, I don’t work for the county or county administrator or a board. I work for everybody. . . I can’t change my ethical values, I can’t. I’ve been a professional peace officer for 48 years.”

In August 2023, he said, the Dolores Town Board unanimously passed the proposed contract between the MCSO and town, but when he submitted it to the commission­ers for approval, “because it didn’t have the amount that was wanted, there were more discussions, and things have changed.”

He said the budget he presented was about $250,000, plus additional money for deputies to serve at special events. The county, howev­er, wanted much more. “I heard the $375,000 figure,” Nowlin said.

“I cannot come to you and look you in the face and tell you this is right,” Nowlin told the board on Nov. 27.

“I’m not going anywhere. They’re cutting FTEs [full-time equivalencies}, they’re cut­ting deputies, but we’re still going to be here to do our job. . . .I am not going to abandon this town no matter what.”

The Town Board then tabled the county’s proposed contract with the MCSO instead of signing it.

Nowlin also told the Free Press there have been changes in the contract with the Ute Mountain Ute Tribe.

Since gaming was legalized in Colorado, the counties where gaming is present are required to have a contract with the local sheriff’s office. Nowlin said the tribe paid $75,000 annually to the MCSO.

“That went away,” he said, because the county put the money into the general fund.

“I still provide services out there,” Nowlin told the Dolores Town Board on Nov. 27. “I always will. They are part of our community whether anybody likes it or not, whether they pay taxes or not – I don’t really care. Our citi­zens are out there, Native and non-Native, tribal and non tribal.”

Transparency concerns

Even as the MCSO’s budget goes down, calls for service continue to rise by approxi­mately 1,000 every year, Nowlin said. There were 19,264 calls in 2023. Only two or three deputies are available to cover the county at any time.

The MCSO currently has 35 FTE posi­tions on the patrol side and 35 in detention, Nowlin said.

“Our drug task force is doing a fantastic job with the limited detectives I have there,” he said. “We just put 15 defendants into federal prison for trafficking and posses­sion. Two were cartel members. These are all organized-crime operations that are bringing these drugs in.”

Nowlin said there has been a lack of trans­parency on the part of the county, especially this year. He said he never received any of­ficial notice of how many positions would be cut from his department – “I heard from six to 11” – and never had a meeting with the commissioners.

“Nothing has been transparent about any of this. I can only do what I can do.”

The MCSO receives money from the Law Enforcement Authority, which assesses a small additional mill levy on residents and businesses in the unincorporated areas of the county.

The LEA budget was geared to pay the salaries of additional deputies and has been used for equipment and other needs.

“The funds were to pay five deputies’ sala­ries,” Nowlin said. “But now they have taken full-time deputy positions in the sheriff’s budget and moved them into LEA. Twelve deputies are paid out of LEA now. Last year we needed medical providers in the jail because of changes in state statute – we’re not doctors and nurses – that was $340,000. They took that out of LEA last year. The only reason there was that money in LEA was because I saved that money.

“The jail does not belong to the sheriff’s office, it belongs to the county, so they put that into the detention budget.”

Down from $2.2 million

Anderson told the Free Press that the coun­ty is doing its best to support the sheriff and did make sure it did not cut positions that were already filled.

“We budgeted for current positions he had available at the time,” Anderson said. “The overages were unfilled.”

In addition, he said, “We worked hard to get some raises for them.”

The county is also working now to develop the proposal for a public-safety sales tax.

He said it would not be good to pull ad­ditional money out of reserves because the county needs to keep enough money there in case of really dire emergencies, “like if we have another 2008,” he said.

Anderson said the finance committee met with each department when working out the budget. “They gave presentations. Some of them we met with multiple times, knowing this year would be a difficult year, based on what the state was doing with property tax­es.”

Following the initial presentations from all the departments, Anderson said, the fig­ure that would have had to be taken from reserves was $2.2 million. “We can’t sustain that,” he said. “The commissioners wanted to get it around $1 million. We worked to get that to a manageable level.”

County employees did receive 5 percent raises across the board to keep pace with in­flation, he said.

Anderson noted that 73 percent of Mon­tezuma County is tribal or public land, and the PILT (Payment in Lieu of Taxes) money the county geets from the federal govern­ment for public land is only about $175,000 a year.

He said the two most significant factors af­fecting county revenues are indeed the legis­lature’s actions to reduce property taxes and the decline in Kinder Morgan’s production. In addition, he mentioned, inflation is affect­ing expenditures. “Everything costs more.”

‘A young agency’

Nowlin said he is worried about some of his employees leaving to seek better jobs and his being unable to fill their positions. “There’s four I will never be able to replace when they leave. I anticipate several leaving this year.

“Losing people is what’s going to happen. Medical insurance keeps going up and it’s not the top-of-the-line medical providers my employees have. It really costs, especially if you have dependents. The employee pays for that, the county doesn’t.

“I have a young agency. That costs. A lot of them can’t afford the insurance. They have to either try and get assistance from Social Services or CHP [Child Health Plan]. We can’t match these other agencies. I did get an increase for the certified deputies and 5 percent for the non-certified, but the medical insurance went up.”

A great majority of employees at the MCSO have already voted to seek collective-bargaining rights that would allow them to negotiate their salaries and benefits, accord­ing to published reports.

Nowlin said he wishes that locals could pay more attention to the budgeting process, but he understands why they don’t.

“It’s really kind of disheartening,” he said. “I just wish people would pay more atten­tion, but we’re all so busy in our lives.”

Published in 2024, January 2024

Trying to come together: A new group seeks to unify Cortez, but obstacles stand in the way

For if you love those who love you, what reward do you have? Do not even the tax collectors do the same? And if you greet only your brothers, what more are you doing than others? Do not even the Gentiles do the same?

— The Bible Matthew 5:46-47

Even as a new effort is being launched to promote unity and respect in the local area, Montezuma County has garnered new pub­licity as a divisive and negative place.

A group called Cortez Unity of Commu­nity began holding monthly meetings this fall focusing on topics such as “What Brings Us Together?”

“Cortez Unity of Community is a group of concerned individuals whose mission is to foster unity, caring, respect, and dialogue in the Cortez community,” reads a statement on the group’s Facebook page (which this reporter has followed).

The statement also calls for “a concerted effort to promote traits of kindness, empa­thy, friendship, courage, gratitude, honesty/integrity, and service by individuals, schools, the police department, churches, the city council, and families.”

But an article posted Oct. 23 in the Colo­rado Times Recorder, an online newspaper, raises new questions about attitudes in the community.

Titled, “Far Right Candidates Running Unopposed for Seats on Montezuma Cortez School Board,” the article has drawn partic­ular attention to one candidate who was just elected to that school board, Rafe O’Brien of Cortez.

A screenshot of a Facebook post by Rafe O’Brien, now a member of the Re-1 School District Board. James O'Rourke/Colo. Times Recorder

A screenshot of a Facebook post by Rafe O’Brien, now a member of the Re-1 School District Board. James O’Rourke/Colo. Times Recorder

The article, written by investigative re­porter James O’Rourke, included some Facebook memes that O’Brien posted in August that seem extremely opposed to di­versity or tolerance.

One meme mocks the death of George Floyd, a Black man whose breathing was cut off when he was held under the knee of a Minneapolis police officer for more than 9 minutes in May 2020. The tragedy prompt­ed demonstrations around the country, in­cluding in Cortez, where Peace and Justice marchers walked along Main Street every Saturday for months.

In the meme O’Brien shared, Floyd’s face is put onto the body of a crab to reflect a scene from the film The Little Mermaid where the song “Under the Sea” is sung. The meme is titled “Under Da Knee.”

A screenshot of a Facebook post by Rafe O’Brien, now a member of the Re-1 School District Board. James O'Rourke/Colo. Times Recorder

A screenshot of a Facebook post by Rafe O’Brien, now a member of the Re-1 School District Board. James O’Rourke/Colo. Times Recorder

Above it O’Brien wrote, “A guy in NAS­CAR got banned for liking this image. . . I figured I’d share it cause it’s HILARIOUS!!! I would have liked reshared, and re posted this one FOR SURE. The generation who grew up watching shit like South Park or the Simpsons, turned out to be a bunch of [im­ages meaning “cocksuckers”].”

Another meme seems to encourage people to harass and mock anyone wearing a face mask. That sort of harassment happened frequently in Montezuma County during the height of the pandemic, with people yelling, “Baa! Baa!’ at mask-wearers, apparently to indicate they were sheep.

A dark image

The Colorado Times Recorder article is not the first in recent years to paint Cortez and Montezuma County with a dark image.

In January 2020, before the COVID pan­demic hit, Cortez made the national news because of controversy over what was being sold at a local retail outlet.

CNN, and later the New York Post and New York Daily News, reported on a local woman who was disturbed by replicas of old racist signs such as “Public Swimming Pool – White Only” being sold at a shop just outside the city. The owner said they were popular items.

In September 2021, the Wall Street Jour­nal reported, “Political Divisions in Cortez, Colorado Got So Bitter the Mayor Needed a Mediator.”

“. . . this community of 8,700 became racked by tensions over politics, race and Covid-19,” the WSJ stated.

Then, in November 2021, the Washington Post Magazine published an article by Aus­tin Cope, a writer who had lived in Cortez, about the February 2021 recall of a mem­ber of the Montezuma-Cortez Re-1 school board, Lance McDaniel, over progressive posts he made on Facebook while a member of the board.

The political divisions reflected in those articles are part of what prompted the cre­ation of Cortez Unity for Community.

A bitter aftertaste

“We all see that we need this unity and to be more accepting of diversity,” Kay Bay­burt, who organizes CUC, told the Four Cor­ners Free Press in a phone interview. “it’s OK to have different views on things, but not to be a bully or force your opinions on some­one else.

“Diversity is good. We need diversity of thought, diversity of ev­erything. One brain isn’t as good as ten brains. That’s when you’re going to strike a good conclu­sion.”

But a number of ob­stacles lie in the way of the local community coming together. The disputes that raged dur­ing 2020 and 2021 have left a bitter aftertaste for many local residents.

During those years, on the same days that Peace and Justice march­ers walked silently along Main Street carrying signs, a right-wing group calling itself the Mon­tezuma County Patri­ots drove up and down Main in vehicles bearing a plethora of images. in­cluding American, “thin blue line,” Gadsden, Trump, and even Con­federate flags.

There were incidents in which some right-wing demonstrators got out of their vehicles and began following and harassing the Peace and Justice marchers, One incident on Jan. 2, 2021, led to the arrest of six of the counter-demonstrators on harassment charges.

Five of the alleged perpetrators accepted deferments, meaning they paid fees and wrote letters of apology without actually pleading guilty. A sixth defendant took her case to trial and was very rapidly acquitted. Bad feelings over those conflicts affect how people interact with the community even now.

‘It breaks my heart’

One Cortez resident said she will no lon­ger go to the Ute Café at the west end of Cortez because that was where the Patriots met to start their parades.

The woman (“Stephanie,” not her real name) asked not to be identified because she did not want her friends and relatives to be identified through her interview. She has progressive-leaning views but did not take part in any demonstrations and is not active politically.

Stephanie said the rifts led her to end a longtime friendship with a woman who is a passionate Trump supporter.

“I’ve known her my whole life practically. I worked for her out of high school and we stayed friends always, but when she started being in those parades and waving those big signs. . . She claims to be very religious, but do those people condone Trump’s behavior, cheating on his different wives?

“I’ve broken off any contact with her. I did it nicely, just wrote a letter saying I wasn’t going to be with her any more.”

Likewise, political divisions led to the end of Stephanie’s relationship with a close rela­tive.

“I’ve lost her because of Donald Trump, and she was my relative that I couldn’t have loved any more than if she had been my very own child. She won’t have anything to do with me because I don’t like Trump and it breaks my heart, but I’m not going to toler­ate her any more. I’m done saying I’m sorry.”

Stephanie said she likewise won’t go to a local retail store because while shopping there once she overheard the owner’s hus­band making a derogatory comment about a woman who had a Black child, which he referred to with the N word.

“It’s not worth it to me to walk in there and do business with people that are that prejudiced,” she said, adding, “The owner did not contradict him.”

“I am not tolerant of people who think that races other than the white race are sub-human and don’t matter.”

Stephanie added, “ If I truly practiced the grace of forgiveness, I could get over it, be­cause these things that make me angry only hurt me. I don’t look at forgiveness as con­doning what they did, I look at it as a way to heal myself and a way to get that anger out of me. “

Stephanie said the Patriot parades had a harmful impact on local businesses that weren’t even involved in the political fracas.

“I accidentally got caught in one of those parades, and after that I didn’t go downtown to any businesses when those parades were going on, so people – good people – lost business because of that. I know there’s oth­er people that felt the same way.”

Staying in silos

Despite the bitter memories, there is a feeling that things are slowly becoming more normal in the local area, even if they haven’t returned to what they were before the pan­demic – which, of course, was never a state of perfect harmony.

“I do think they are better,” Cortez May­or Rachel Medina told the Four Corners Free Press in a phone interview. “There’s not clear fighting on the weekends between groups, and I think on an elected-officials level, a lot of us are getting along.

“The council has a good relationship with the county commissioners and a good rela­tionship with the [Ute Mountain Ute]Tribe. I see us on council working to mend a lot of these relationships.”

But there is a lingering rift between many in the community, Medina said, and she does hear about people refusing to support busi­nesses whose owners’ political views don’t align with their own.

“I still hear remnants of that. It’s tough because, recognizing where we are, it is a more conservative area, but it does hurt our community when people only want to spend their money in Durango.

“Any time you try to silo yourself, it’s just not a good idea.

“In general I would love to see our com­munity not segregate themselves and only be surrounded by like-minded people. It’s healthy to be challenged and to see different perspectives.

“We need to remember the majority of the things we want to see in our commu­nity. We can agree on things like prosperity, wanting our youth to thrive and be healthy. We just get caught up in the political iden­tities or the anger and I think we need to remember to really learn respect and kind of push through that and get in uncomfortable situations and talk to people we normally wouldn’t.

“Our community is so divided and angry and hateful – not just here, but across the country, and this is not a good example for the next generation.”

People picking sides

Valerie Maez agreed that divisions are bad. A self-described Constitutionalist who is active in the Republican Party, she lives in Lewis north of Cortez and writes a conser­vative column for the Four Corners Free Press. She did not take part in the Patriot parades but is well-acquainted with many who did.

Maez spoke to the Free Press in November at an interview at Conservative Grounds, a location where people are invited to come in for coffee and conversation. Conservative Grounds was downtown but is now at 11 N. Broadway (Broadway and North Street).

“I think the schisms that are driving our culture, our community, our country, are now at the point that people want to believe what they believe,” she said. “People say, ‘that side’s crazy.’ To break down that barrier between what people want to believe and what is factual is incredibly difficult. People have to get beyond themselves. But how do you do that? it’s hard.”

Maez said she doesn’t think conflicts are worse here than anywhere else, “but it may be more detrimental in an area like ours, be­cause we’re such a small population, than someplace like Denver, where you don’t know your neighbors and can go someplace where you don’t recognize anyone.”

The disagreements are indeed affecting businesses, she said. “I see people picking sides and I think that always has an econom­ic effect in a small town like ours.

“I would love to see the community come together and have a serious discussion about how they feel what they think they know and what is factual. If we have facts we make better decisions. There is a lot of dysfunc­tion in our society and I would love to see it get better. People have to get over being petty and I don’t know how to do that. I do think this is a special place.”

Maez said she might consider going to a CUC discussion in the future.

“Would I go to the Cultural Center and hang out with people? I might. I hope people that go to the Cultural Center think about coming here too. Any time you can promote civil conversation about things that matter that aren’t quite in your niche, it’s usually is positive.”

She said Conservative Grounds is “a place to have coffee and talk. It’s all volunteers and donations. If you don’t like us, come and tell us, but I hope you will be civil. Most people are. In the three years we have been open we have only had to throw out two people because of verbally abusive language.”

‘A tough goal’

Art Neskahi said he isn’t sure whether he would find it worthwhile to go to the Cortez Unity of Community discussions. Neskahi, who is Diné (Navajo), lives in the Cortez area and has been active in a number of efforts, including promoting civil rights. He said he doesn’t know whether the CUC talks would be relevant to Native people.

“I hardly see any unity in the communi­ty,” Neskahi told the Free Press in a phone interview. “Native kids participating in high school sports and stuff, parents being united behind their teams, but as far as civic issues I hardly see anything. Unity is a tough goal.”

Neskahi said he graduated from Shiprock High School in New Mexico and later moved to Montezuma County. One of his brothers was killed in Cortez in 1979 by a car of white teenagers, who rolled their vehicle over him, he said.

Then on Thanksgiving in 2006, two men and one woman, all Native, were beaten in the Cortez city park, according to a 2014 ar­ticle by Sonja Horoshko in the Four Corners Free Press. That led Neskahi to start a series of community dialogues that resulted in the Colorado Civil Rights Commission coming to Cortez to hear from people.

The dialogues also led to a public dem­onstration in 2007. “We went down Main Street. There were probably 300 walkers, half Native, half white, and I think that re­ally sent a strong message out to the com­munity.”

Neskahi said there are still problems that need to be addressed if the community is to approach unity. “There have been other deaths, beatings, harassment and humiliation [of Natives],” he said. “A lot of cold cases around here, people found dead around the county, have never been solved. I’m in a wait-and-see mode now.

“I thought things were getting better, but I’m not sure. Hopefully there is more toler­ance, but every once in a while I will see and hear things people say and it’s like things are getting ready to explode.”

Neskahi added that more Native people should be employed in the county.

“I still don’t see Native people in posi­tions in the city and county, state and federal offices. It should be the most inclusive em­ployment area because we have civil-rights programs and there are Native families who lived here for generations.

“At Walmart they hire Native people but I’m really disappointed in the city and county and state offices. They say the Native people don’t apply for jobs but there’s recruitment. You can recruit people. Places like Farming­ton and San Juan County, they put out job announcements in the Navajo Times.

“That’s the first thing that pops up in my mind when you talk about unity.”

Neskahi is currently working on getting out the Native vote. “The politicians don’t seem to recognize what the Native vote could do. If they would get that vote it would make an impact in our politics around here.”

‘Strange people’

The fact that a member of the Monte­zuma-Cortez Re-1 School Board – whose members “do not represent special interest or partisan politics,” their website says –posted offensive memes on Facebook is the sort of thing some people are finding it dif­ficult to get past in seeking unity.

Stephanie said she is disturbed by what is happening with the Re-1 school board.

“I’m not all that involved in the local things that go on around here, especially regarding the school board, but there seem to be some pretty strange people on the board that want to eliminate history from the minds of kids,” she said.

“They don’t want them to learn about it because it doesn’t fit with their view of the ideal world. They don’t want kids to know that there were slavery and massacres and how Native Americans were treated. I’m los­ing real tolerance with people that can’t be honest about what’s true. They want their beliefs to be pushed on to other people.”

Neskahi spoke about the issue of mask-wearing, which one of O’Brien’s posts mocked.

“The pandemic seemed to hit the Na­tive population harder than the others, so on the reservations there was a real strong effort in the communities to wear masks and wash and be real careful,” Neskahi said. “There was a lot of use of the sanitizers and things like that. But if you came back over here, things seemed to be more relaxed and people were defiant of using masks. Even in the stores for a long time it seemed Native people masked up and others were not wearing masks.

“ I think for the conservative thinkers mask-wearing was kind of derided as ob­trusive government interference in people’s lives. It became another divisive thing be­tween people who were following govern­ment recommendations and those who didn’t want to do that. That’s crazy, that wearing a mask could separate a community like that.”

‘De-evolution’

But Maez – who does not participate in Facebook or social media in general – point­ed out that O’Brien’s posts were put up be­fore he was elected to the board.

The memes in question show they were posted in August 2023, when candidates were gathering signatures to run for the school board. O’Brien has since apparently taken down his Facebook page and could not be reached for comment. Contacted by email, reporter O’Rourke said, “during the early research phase of this story, I searched for all of the candidates on Facebook in hopes of gleaning more infor­mation about them. I found an account for Rafe O’Brien, and confirmed it was the same person as the school board candidate when I found a post he made talking about how he had collected signatures to get his name on the ballot for the school board election.” He then took screenshots of the posts.

“You’re complaining about somebody who did something before they ran for of­fice,” Maez said. “People have a right to have a personal life.”

She noted that O’Brien received the most votes in the November board election. Four seats were vacant. O’Brien ran unopposed in his district and received 12 more votes than the next candidate (also unopposed).

The Re-1 School District is much broader than the City of Cortez and encompasses a population that is generally more conserva­tive than that in the municipalities. O’Brien ran for the Cortez City Council in April 2022 but came in ninth of 10 candidates.

Maez said she’s heard rumors there may be an effort to try to recall O’Brien. “That too will divide the community some more.”

In regard to his post about George Floyd, she said, “I believe in free speech. I’ve been called a lot of things. I say, you have a right to speak your mind. I don’t want those peo­ple’s rights taken away because it may or may not hurt my feelings.”

Floyd’s death, however, has been criticized even by conservatives. In a July 2021 inter­view with the Free Press, Cortez Police Chief Vernon Knuckles said it was wrong.

“As soon as I saw that (video), I knew that the amount of force they were using was completely unjustified,” Knuckles said. “I thought, ‘There’s enough police standing around there that they would not need to be kneeling on him. They could have restrained him sitting up or even standing’.”

Maez said she doesn’t know O’Brien well enough to know why he shared those memes. “I don’t know if it was his attempt at humor. Some people have a strange sense of humor.”

She added, “I see so many things I think are inappropriate. Just another nail in our de-evolution as a culture.

“As the Grateful Dead said, it’s been a long, strange trip and the ride isn’t over yet.”

‘Baby steps’

Medina said it’s often difficult to get a di­verse group represented on a board such as the Re-1 school board because of the cur­rent push for boards to be run according to a particular agenda.

“There’s a faction of the community that is taking the tactic that ‘we’re under attack and we have to push for our beliefs’ and takes that extremist route and derails the whole purpose of the organization they’re volunteering for.

“That board is a good example of dis­suading people from stepping up and giving their time. We have a lot of nonprofits and elected positions where you need volunteers who are there to do a good job and focus on the needs of that organization but people are hijacking it for their own agenda. It is scary.”

Medina, who spoke at the first meeting of Community Unity for Community, said the group is a good idea, but the problem remains of how to draw new people into the discussion.

“The CUC is a great idea and has a good purpose, but the people that were there were mostly the same people, the ones willing to do it. The ones who needed to be there were not there. How do you get them? How do we get different demographics involved? This was largely the older generation. That’s the struggle of our community in general.”

However, Medina remains hopeful about the future.

“I think we’re heading in a good direction, but we need to get more people on board, maybe even meet people where they are and figure out how we get past some of that hate and build respect for each other. Maybe part is just listening and putting yourself outside of your comfort zone.

“We have to take baby steps. We want leaps and bounds but it takes time and pa­tience, but you can’t give up, either.”

‘A wonderful place’

Bayburt agreed that the effort to unify people has to be put forth.

“We’ve got to change the way we’re think­ing – flip over from the ‘me me me’ materi­alistic kind of things. It’s going to reach the point pretty soon where people are going to be united or we’re not going to live. We have to start caring about each other.”

She said she was encouraged because there were some 35 people who came to the first CUC meeting, including some Natives. “We are going to reach out more to the Na­tive American and Hispanic communities,” Bayburt said.

She hopes people will seek to find “a sense of shared commonality or connected­ness that is stronger than our differences.”

For example, she said, “We are all under the umbrella of believing in God or a higher power. That’s a commonality that people need to start looking at rather than the dif­ference between one church or another.

“We need to learn how to talk with one another and listen to one another. I think the climate is right but how we do it is still kind of murky.”

But, Bayburt added, “Cortez is a wonder­ful place.”


The next meeting of Cortez Unity of Community will take place Thursday, Dec. 14, at 6 p.m.. at the Cortez Cultural Center, 25 N. Market St. in Cortez. People are invited to bring a friend and talk about what makes them feel appreciated, welcomed, or included. There will not be a speaker at this meeting.


Resources

Published in December 2023

On the road to recovery?: SHS is working to ensure financial stability for the health-care system that serves the local area

Southwest Memorial Hospital in Cortez. Photo by Gail Binkly

With some ups followed by unexpected steep plunges, the saga of Southwest Me­morial Hospital in Cortez at times has re­sembled a roller-coaster ride.

“There have been periods of prosperity and periods of challenges financially,” Joe Theine said to an audience of about 30 at an Oct. 21 presentation organized by the League of Women Voters of Montezuma County.

Theine is the CEO for Southwest Health System, the private not-for-profit that op­erates the hospital as well as six clinics in Southwest Medical Group. He reports di­rectly to the two boards that oversee the hospital, the Montezuma County Hospi­tal District and Southwest Health System boards.

The ups and downs have included re­peated turnover in CEOs, and times of tur­moil and controversy.

The latest came in June of this year, when SHS issued a press release announcing that Southwest Memorial’s Family Birthing Center would be “temporarily” closed.

That caused a furor in the community. A protest took place in front of the hospital on June 8, and on the evening of June 15, some 120 people crowded into the hospi­tal’s ambulance bay to listen to hospital of­ficials’ explanations of the closure of the birthing center. Doctors, nurses, pregnant women, mothers, and other citizens asked questions and raised concerns – some in tears, some angrily shouting.

They were highly critical of Community Health Corp., the hospital’s management company, with many demanding it be fired.

A few days later, SHS issued a press re­lease saying it had been decided the center would not be closed.

But how far into the future can that deci­sion be continued?

“I don’t have a crystal ball. and if I did it would be broken, so I can’t predict multiple years out into the future,” Theine said in an in-person interview with the Four Corners Free Press.

He noted that he was not working for SHS when the decision was made to “press pause.” He was hired at the end of July from his position as CEO of Animas Sur­gical Hospital in Durango.

He commented that, “We haven’t had any days without labor and delivery or OB services in the community.”

But a birthing center is expensive to run.

With just two OB providers at Southwest Memorial, the hospital must sometimes hire locum tenens physicians, independent con­tractors brought in from outside to handle shifts the regular OB providers can’t cover.

At the June 15 meeting in the ambulance bay, one official with Community Hospital Corp., the hospital’s management company, said the birthing center is losing more than $1 million per year and noted that locums cost about $5,500 a night.

Theine said the hospital is “very actively recruiting for family medicine and OB pro­viders.”

“That, in addition to the OB providers that are here, would provide us with a group that can provide that coverage, without us having to use itinerant staff [locums],” he said.

But a key factor in the continued viability of the birthing center is whether enough women choose to deliver their babies at Southwest Memorial. “We can staff a labor and delivery unit, but if families choose to go elsewhere for care, it becomes harder to sustain services,” Theine said.

He said he did not have specific data on how many local residents choose to deliver here or go elsewhere.

However, a hospital employee who chose to remain anonymous told the Free Press in an interview published in July that nearly two-thirds of the infant deliveries that could be done at Southwest Memorial are being done at Durango’s Mercy Hospital instead.

“Having people choose to receive care here is a really important piece,” Theine said.

Southwest Memorial offers an impres­sive amount of services for such a small hospital, he told the audience at the League of Women Voters presentation Oct. 21.

“This community is blessed with the breadth of services. This is a gem in the community. That’s part of why I’m here.”

But, again, in order for the hospital to survive, people need to utilize its services – not just the emergency department, but, imaging, lab, outpatient clinics, the phar­macy, the sleep clinic, and more.

The hospital needs to attract community members to receive care locally, he said.

“We need to look and say, is there some­thing we can do to attract people back to the community? This is really important.”

Fixed expenses

Theine told the Oct. 21 audience that many of the hospital’s costs are fixed, but its income is not.

Southwest Health System CEO Joe Theine speaks to an audience at the Cortez Public Library in a presentation on Oct. 21.

Southwest Health System CEO Joe Theine speaks to an audience at the Cortez Public Library in a presentation on Oct. 21. Photo by Gail Binkly

“If you call 911, Southwest’s ambulance will come,” he said. “Our ER – we’re mak­ing that investment to be on standby for when you pick up that phone. Our cost to have staff in the ER, to have the building heated.. . those costs don’t change for us. When somebody chooses to leave the com­munity for something we can provide, our costs are the same but we just got less rev­enue and it just got harder for us to be on standby.”

The same is true for other services the hospital offers.

“There’s very few things we do that we don’t have a fixed cost around. Even prima­ry care. If somebody cancels [an appoint­ment], our costs are fixed. Heating bills, somebody to answer the phone, somebody to bill the insurance company – we have very fixed costs as a hospital.”

He said he has been encouraged about the support the community has been show­ing.

“In 2022 more than 1 in 2 residents [lo­cally] were seen in one of our outpatient clinics,” he said. “More than 1 in 2 received hospital services” such as lab work, an MRI, or a hospital stay at Southwest.

In addition, in an election on May 3, 2022, voters in the Montezuma County Hospital District chose by a 55-45 percentage mar­gin to remove a sunset provision on a 0.04 percent (4 cents on every $10) sales tax in exchange for reducing the district mill levy by 25 percent.

The sales tax, which was approved in 2015, had been designated to sunset in 2030. But voters instead granted the hos­pital permission to collect the sales tax in perpetuity and use it to finance $23 million in upgrades and maintenance.

“That is meaningful.” Theine said. “[When recruiting providers] I can tell people that voters care so much that they removed an end to a tax on themselves.”

A lengthy argument

Still, the hospital has never had an easy ride, and its history has been marked by controversy.

Its management was turned over to SHS in 1996 only after a lengthy argument with the Montezuma County Commission.

The taxpayer-funded special district that had been running the hospital, the Mont­ezuma County Hospital District, proposed shifting control to SHS but were met with skepticism by the commissioners and other critics. The commissioners said they had the authority to approve or deny the restructuring because state law required special districts to get county approval for “material modifications” to their original service plans.

Finally the MCHD and commissioners worked out a 50-year lease with SHS and developed operating bylaws, and the re­structuring went through.

In 1998, MCHD planned to sell $9.6 million in bonds to build a medical office building, which many people thought was financially foolhardy. In an election for members of the MCHD board, four peo­ple who opposed the bond sale and office building were voted in and that proposal was abandoned.

In 2018, the same year a $32 million ex­pansion of Southwest’s facilities was com­pleted, the hospital laid off more than 40 employees to cut costs. At that time, hospi­tal officials said the hospital had only about 21 days of cash on hand rather than the 81 it’s supposed to have.

Days’ cash on hand is a measure of how long a hospital could operate if no new revenue came in. Of course that isn’t likely to happen, but cash on hand indicates how well a hospital can function if payments are late or expenses rise. At the time of the gathering in the ambu­lance bay this year, the hospital had only 67 days of cash in hand and had just laid off nine employees in a cost-cutting reduction in force.

Greater transparency

A number of concerns raised by the community at that meeting have been ad­dressed.

People had complained that the SHS board had unfilled seats, that their bylaws were unobtainable by the public, and that SHS was not being very transparent.

Hospital officials had also not been meet­ing regularly with the county commission­ers as was called for in the old agreement.

Since then, the website https://www.swhealth.org/ has been expanded and up­dated. If you look under the About Us tab, then go to Boards, you will be able to access either the SHS or the MCHD board. The SHS board’s page now has meeting minutes and agendas as well as hospital financial data.

“We’ve got things up on our website,” Theine told the Free Press. “Agendas, ap­proved minutes, bylaws, financial informa­tion. Some of the key financial indicators are now up on our website, based on finan­cials that are approved.”

And hospital officials have been meet­ing again with the county commission on a quarterly basis, Theine said. The commis­sioners and the MCHD and SHS boards have also met with each other in some work sessions.

“Communications are open and ongo­ing,” he said, adding, “Our elected and ap­pointed officials are welcome to come to board meetings.”

Filling the board

Interest in being on the SHS board has increased since the uproar over the birthing center. For a long time, there weren’t even enough applicants to fill the board, “but late this summer a number applied to be on the board, so for the first time in many people’s recollection we’ve had more appli­cants than seats,” Theine said.

This prompted the idea of establishing a process to choose SHS board members, who, unlike the members of the MCHD board, are not publicly elected. A nominat­ing committee was developed that met with the applicants and was soon to be making recommendations to the existing board re­garding new members.

Chuck McAfee of Lewis, a former board member himself who spoke passionately at the June 15 meeting about the need to keep the hospital going, agreed that some good things have been done for the hospital.

“There has been quite a bit of action around putting people on the SHS board who can make a difference,” he told the Free Press in a phone interview. “We’ve made good progress there. We agreed to a nominating committee making recommen­dations. There are a variety of people that are on the committee.”

McAfee said a group called Friends of the Hospital, which includes him and his wife M.B., several doctors and other people with knowledge of and interest in the hos­pital, proposed the idea of a committee to recruit new board members.

McAfee said the hospital is also working hard to recruit new physicians in response to a shortage of providers, especially pri­mary-care providers, in the community.

The hospital’s financial picture, however, remains troubled. “The financial picture has been tough,” McAfee said.

One particular concern is the need for maintenance of the facilities.

“The vast majority of care a hospital provides is in a physical space,” Theine said at the Oct. 21 presentation. He said three things are needed to support health care – “the people (staff), supplies, and a build­ing.”

“All three things are necessary and not one takes the place of another,” he said. “We can’t say we will have more people but no roof, or a beautiful building but no people.”

The roof in particular needs urgent at­tention, he said.

“Ideally it would have been replaced al­ready,” he told the Free Press, adding jok­ingly, “You can visit us this winter and see our ‘indoor water features.’ We have leaks in the roof.”

While it can be patched and repaired, the roof needs to be replaced on most of the hospital complex’s buildings.

“We’re still out to bid, so I couldn’t tell you what it’s going to cost,” he said.

He said a facilities committee is working to prioritize what things need maintenance work – “where money will be spent.”

“Some things are relatively urgent and will need work in the next couple years. The highest thing on the list is the roof.”

Making choices

Southwest Memorial is certainly not the only hospital facing financial struggles.

“It’s not just birthing centers. I think all of our health-care systems, whether rural or urban, are challenged,” Theine told the Free Press.

Becker’s Hospital Review, an online site for hospital-related news, shows that many hospitals are closing services or closing en­tirely, both urban and rural, Theine said on Oct 21.

Exits by CEOs in all industries are at a 21-year high, he said, with a particularly high rate of CEO turnover in hospitals. (SHS has had about a half-dozen regular or interim CEOs since 2019.)

Theine said 18 percent of health-care workers quit during the pandemic, and there is an estimate of that there will be a shortage in the health-care workforce of 3.2 million by 2026.

According to a report by the Cecil G Sheps Center for Health Services Research, there have been 195 full closures or conver­sions of rural hospitals since January 2005. Conversions mean the facilities no longer provide inpatient services but continue to provide services such as primary or emer­gency care.

Hospital officials have worked to ream­ortize bonds and reduce the payments to the debt for the hospital expansion, with a portion of the reduction going into a fund for capital improvements.

CHC’s role

At the June 15 ambulance-bay meeting, many people were highly critical of CHC, the hospital’s management company. But Theine spoke positively of them.

“CHC is a great partner in this commu­nity,” he said at the League of Women Vot­ers talk. He said the role of chief financial officer is hardest job to fill and “your local board would really struggle to fill that role. With CHC that role is staffed.”

SHS leverages CHC’s relationship with suppliers in order to get a major discount, he added.

“I think for a rural community like ours to not have a relationship with somebody would get us to a point where we would be saying, ‘what’s the large hospital system we need to be aligned with?’. The number of independent hospitals is getting smaller.

“This community has spoken pretty loudly that you would like to have an in­dependent hospital. Our relationship with CHC helps us to maintain our indepen­dence.

“I can lean on their expertise and knowl­edge.

“I think you’ve got a fine management company supporting this community.”

Theine told the Free Press that CHC’s mis­sion aligns well with SHS’s. “They’re also a not-for profit company in the business of serving communities, not outside entities, not shareholders, so for our community and our hospital, our mission and theirs align well. It’s great for us to be aligned with someone that’s similar in mission and governance.”

He reiterated that local residents will de­cide the hospital’s future by deciding where they receive their health care.

Both the MCHD and SHS boards are in­volved in the big decisions, he said, “but it’s really all of us that are deciding.”

“From a hospital side, this is a relatively small facility with 20 licensed beds, yet it has many services. Not all communities our size are blessed to have all the services we do.“

Our choices really dictate what services are here.”

Published in November 2023 Tagged

A resounding ‘no’ for rezoning: Cortez City Council rejects a log company’s request for industrial designation

Vehicles at Independent Log Company’s parcel on Lebanon Road in Cortez hold timber that has been thinned from nearby forests. The company’s owners are trying to find a way to operate their business at the site, which is near the trailhead to the popular Carpenter Natural Area. Photo by Gail Binkly

Passionate arguments were made on both sides of the issue, with people speaking about everything from firefighting to pre­serving a beautiful environment, from ath­letic skills to obnoxious noise, from good jobs to birds and wild animals.

But in the end, the factor the Cortez City Council homed in on was the precedent their decision might set if they rezoned a 10-acre tract of land at one end of the Carpenter Natural Area.

“There are developers who are watching this thing particularly closely,” said Council­member Matt Keefauver during the council meeting Sept. 26. “They’re saying, ‘If the city made an exception for somebody who bought property as commercial and turned it into industrial, they could do that for us too.’

“That puts us as a city in a bind.”

Councilmember Dennis Spruell agreed. “Rules change when we change property from commercial to industrial,” he said.

The council then voted 7-0 to deny the re­quest for a zoning change made by Anthony Moore and Mary Lancaster, owners of Inde­pendent Log Co.

The council left open the possibility that the couple could receive a conditional use permit that would allow them to do most of what they want to do on the property.

The council’s vote came at the end of a public hearing lasting nearly three hours. Thirty-two people came to the podium to speak about the proposed zoning change, 18 of them against it, 14 in favor of it.

The hearing had been scheduled for Aug. 22, but was postponed because Lancaster’s 88-year-old mother became seriously ill.

The proposed zoning change and the uses planned for the parcel in question, 1050 Lebanon Road, generated a groundswell of controversy. The council received about 47 letters or emails about the issue, according to city clerk Linda Smith.

A July 18 hearing before the Planning and Zoning Commission lasted more than three hours, with numerous people commenting, most of them against the proposal. P&Z was unable to reach agreement on a recom­mendation to the council, with motions to recommend approval or disapproval both failing on 2-2 votes.

The parcel sits along the entrance road to the western end of the Carpenter Trail, which is on the city’s northern edge. The mile-and-a-half long trail crosses approxi­mately 80 acres of land that was donated to the city in the early 1990s and has been left mostly in its natural state.

The parcel sits below a ridge on its south occupied by residential homes.

A former drive-in

The land was once used for a drive-in theater but has sat empty for decades, some­thing that visitors to the natural area have enjoyed. However, it remains private land and was purchased by Lancaster and Moore, who are wildland firefighters, in 2021. They plan to use it to mill lumber, build log homes, store firefighting equipment, and offer a firefighting academy. They were told by city staff that some of the things they planned to do would require a change from commercial to industrial zoning.

Lancaster and Moore already own a half-dozen other parcels in the vicinity, includ­ing one directly across Lebanon Road. They said they seized the opportunity to buy this one because there weren’t others suitable for their headquarters available nearby.

Other parcels along that corridor that are within city limits are zoned commercial, while nearby parcels in the unincorporated county have a broad mixture of zoning.

“This has been a tough project for every­one,” said city planner Nancy Dosdall when introducing the proposal to the council on Sept. 26.

She noted that the city’s land-use code says that “the rezoning of land is to be dis­couraged.” It lists a number of criteria to consider, including whether the original zon­ing was in error, there has been a change of character in the area, there is a need for the proposed rezoning within the area, or the proposed uses would be compatible with the surrounding area.

At the Sept. 26 hearing, Moore, a profes­sional logger who was born and raised in Cortez, spoke about his background. “In 1989 I was 18 years old. I was the track star of this town,” he said.

Moore said he’d asked his coach to come speak at the hearing, “but this has gotten so political that a lot of people don’t want to get involved. But he said to me, ’Do it like you ran track, with all your heart and soul.’

“Everybody in this room can picture being 18 years old. How many people are going to be successful at their business and take it to the level that I have?” Moore asked. He con­tinued, ”I broke every record in this town, in this county in track, in long distance. I still hold records to this day. What I do today is I go out on fires and I save homes. That same aggressiveness – I’ve won medals.” ‘A resource that is needed’

For him not to be able to have a place to house his logging and firefighting opera­tions, Moore said, “is like asking a police­man to not have a police station. . . We are a resource that is needed in this community.” Lancaster spoke about how they will use logs thinned from surrounding forests that are at risk for wildfire. “Our San Juan Forest is a recipe for disaster,” she said. Since June of this year, 98 semi loads of dead and dy­ing trees have been removed from the forest, she said.

During public comments, Tony Hill, who said he lives in the county and is acquainted with Moore, said, “He will get this done whether it’s the easy way or the hard way.”

Moore reminisced about activities that were done in the Carpenter area before it was donated to the city and designated as a preserve, such as high-school parties, motor­cycle-riding, and four-wheeling. “I don’t see a whole lot of tax revenues generated from Carpenter Trail,” he said.

Bob Varcados of the Mancos area said Independent Log Co. has provided jobs, money and taxes for the community and provides a valuable service. “I feel safer that they’re here.”

Dave and Lana Waters, county residents who own 35 acres adjoining the Geer Natu­ral Area, a place with bike trails next to the Carpenter area on its north side, spoke in fa­vor of the ILC development.

Dave Waters said their property is used for industrial uses and that hasn’t affected the wildlife or bothered neighbors. “Most people don’t even know we’re there,” he said.

Lana Waters commented, “Small busi­nesses are vital to the community.”

Several former or current employees of ILC also spoke in favor of the zoning change.

But a number of people voiced opposi­tion to the proposal, saying it would not fit with either the nearby homes or the natural area. Many raised concerns about the noise to be produced by ILC’s Wood Mizer mill and Cord King processor, as well as the storage of wood on site, lights, and traffic.

“I live right above the 10 acres and I do hear the noise [from opera­tions],” said Carol Tay­lor, who with her hus­band owns a home on Ridge Drive. She spoke about noise, light pol­lution, fumes, dust, fire risk from sawdust, and degraded views. “There is no acceptable way to mitigate these issues,” she said.

No part of the 10 acres borders an in­dustrial property, she added.

‘Beautiful sys­tem of parks’

John Brzovic, who lives in Cortez near the ILC parcel, praised Cor­tez’s “extensive, varied, unique, and beautiful system of parks.” He said approval of the zoning change would be solely for the con­venience and benefit of ILC, not the community as a whole, and said the entrance to the natural area already “has been damaged beyond recognition.”

Deb Silverman of Cortez echoed those sentiments, saying that according to the city’s comprehensive plan, city officials are supposed to be proactive in the prevention of problems. “ILC has created a number of problems,” she said.

She added that the new zoning would cre­ate “minimal benefits for one business at the expense of the common good.”

Former Cortez Mayor Mike Lavey sug­gested that discussions begin about the city purchasing the property and adding it to the existing natural area, then restoring the wet­lands that have been filled in there. “Let’s see what can be done when we put our heads together on this issue,” he said.

Rick Ryan of Cortez said the issue at hand was not “the character of the applicants or what they’ve done for the community.” However, noting that the applicants had undertaken some activities on the property without first getting city approval, he said that to grant them the zoning change or a conditional use permit would mean they “would in effect receive a reward for the wrongdoing.”

Ryan also said a no vote “is not a vote against industrial development, just the city playing by its own rules.”

County resident April Baisan spoke about the economic benefits of wildlife and birds. “Supporting the natural world, rather than degrading it with the fallout from industrial activities, benefits us in many ways,” she said.

The Carpenter Natural Area is home to numerous plant species. Photo by Gail Binkly

Just prior to the pandemic, wildlife-watch­ing generated $76 billion in the U.S. and over $2.4 billion in Colorado, Baisan said.

“Then, in 2020, the first pandemic year, people flocked in greater numbers to the out-of-doors to observe the natural world. . . . The National Audubon Society reports that bird-watching generated $41 billion in the US in 2017. Again, pre-pandemic. No doubt notably more now.”

Susan Kemnetz of Cortez said she had been excited to hear about an industrial company coming in because the jobs are needed, “but I have a big problem with this.”

“The people wanted this [land-use] code,” Kemnetz said. “They wanted that piece of property to be commercial, to be a buf­fer between the residential and whatever else and the industrial. Please, please don’t change this.”

After the end of the public comments, Moore said his equipment was not as noisy as people said and that he has options such as using quieter exhausts and electric mo­tors. “We can be down there making no noise,” he said.

The council voiced praise for Moore and Lancaster. “You have been awesome through the entire process,” Keefauver said. “You could have been really nasty and that’s definitely not the case.”

Keefauver said he hoped that the six prop­erties they already own might have one site that could fill their needs for their operation.

Spruell said the couple’s characters “cer­tainly are not in question.” However, he continued, “Some day Tony will retire and that property will remain as is. If it’s zoned industrial, the next person may not be as en­vironmentally sound as Mary and Tony are.”

Lancaster responded that their children would likely take over the business when they retire, and said the council should con­sider other proposed zoning changes for which this might set a precedent “on a case-by-case basis.”

Moore said if this were turned down, “I’m going to reapply again. I’m going to hire an attorney, get to the bottom of this. I’m not quitting.”

Mayor Rachel Medina said the council had to consider whether the property “absolutely needs to be rezoned” and whether the city urgently needed another industrial parcel. Industrial zoning could mean that in the future there could be an animal kennel, an asphalt plant, a high-voltage electrical station or another such industrial operation on the property, she said.

City attorney Patrick Coleman concurred, saying that the new zoning would become permanent unless a future owner applied for a different zoning designation there. “You can’t limit the use to only the applicant’s de­sired use,” he said.

“If we deny the rezoning that doesn’t mean nothing can happen on this land,” Me­dina said, adding that she feels a conditional use permit would be more appropriate.

“It’s my land,” Moore said. “I have the right to do what I want to do on that land.”

After the vote to deny the zoning change, the council was then set to consider grant­ing a conditional use permit for the property, which was also on the agenda. Such a permit would allow ILC to do certain things it could not normally do under the established zoning.

However, Coleman said because of the decision to deny the zoning change, the hearing on the conditional use permit should be dropped.

“The application was based on the as­sumption it would be industrial zoning,” he said. “I don’t believe the staff has reviewed a conditional use permit in the commercial zone for this property.” He said that “to ask the staff to opine on the uses right here and right now would be a difficult ask” because “we’re not sure what the requested uses are.”

Moore and Lancaster then withdrew their application for the conditional use permit, saying they would revise it to apply to the commercial zoning. They will have to submit the new application to Planning and Zoning before it comes before the city council again.

“The process is lengthy, but we want to make it right,” Medina said.

Published in October 2023

Heaven-sent

So to fill what would otherwise be blank newsprint on the front page of a recent Sunday Denver Post, the wise editor ran a story about how many of us believe in ANGELS!

And to fill what would otherwise be a blank space in my idle mind, I read it, and it actually got me to THINKING!

Do I?

Or don’t I?

Well, although I don’t claim to be religious or anything, I came to the conclusion that I do, and here’s one of the reasons why.

A long time ago, in a galaxy far, far away, I stopped in at a 3.2-beer joint in downtown Denver.

I was just entering my 20s. I had been out of the TB sanatorium for a few months – kicked out, actually, for a transgression I hadn’t committed. (But that is another tale to be told.)

So I was taking classes at the University of Colorado extension in Denver, a smattering of this and that, while waiting to move to Boulder and become a real college student. This evening it was a chemistry lecture, slightly intriguing but also boring because of the uninspired teacher.

I’d gotten downtown early on the bus and decided to drink a brew or two before walking over to the decrepit office building at 14th and Arapahoe streets for class. I still looked about 16, so having my ID checked was routine before the bartender at the grimy little hole-in-the-wall drew my watery draft.

Draining it quickly, I hastened to the men’s room to make room for the second, and was soon joined at the urinal trough by one of a trio of loud rowdies, all brothers, who were sitting at a booth in the bar.

He looked me up and down and then said roughly, “Say, ain’t you the guy that was a-comin’ on to my girl at Lakeside last night?”

I pointed out that he must be mistaken, since I’d never even been to Lakeside, an amusement park on the west side known for teenage brawls.

“Well, you sure look like him,” he drawled before tucking it in and leaving without washing his hands, returning to his booth.

I was about to wisely leave when another of the brothers, Chuck by name, approached me and apologized for his sibling’s unwarranted accusation. He invited me to share a glass from their pitcher, an  invite which I accepted because I couldn’t think of any way out.

I soon found myself tucked into their booth, having another round poured from their pitcher while wondering how to make my escape.

But it was too late. The “men’s room brother,” as I later thought of him, changed his mind again, deciding I WAS the predator who had  attempted to make time with his one true love. He said he wanted to fight me then and there. Or at least outside on the sidewalk.

As I and the brothers and a small crowd of other beer enthusiasts headed toward the front door – me to try desperately to escape, the brothers to have a little amusement as the others watched – Chuck offered to be my “second,” saying he would intervene if the men’s room brother pulled a knife or something.

I was loudly insisting I was not going to fight this guy (who looked quite capable of beating the shit out of me without raising a sweat), but short of falling down and faking a seizure (an idea that only came to me later), I had no idea how to avoid it.

But suddenly Chuck asked me to walk around the block with him and talk about . . . strategy? I don’t recall what actually, but it was going to get me away from the men’s room guy, so away we went.

As we approached the alley that bisected the block, Chuck suggested we go down it so he could “take a piss.”

I naively followed him to the point where we were hidden from view and then I felt his fist on my jaw, a blow that knocked me over and stunned me.

Well, I thought, I’m in for it now, I’ll just have to do what I can. (You know, the pre-beating pep talk.)

But just as I was regaining my feet, three staggering, singing men whom I, with my then-very-limited knowledge of other cultures, took to be Chicanos came waltzing up the alley, and we had to stand tight against the wall to let them squeeze by in the narrow passageway.

I could smell the cheap wine on their breath as they passed in their colorful jingling regalia, first one, then two. And then,  just as the last guy came even with us, this savior drove a fist into Chuck’s solar plexus that doubled him up and over as he emitted a loud whooshy groan.

“What’s-a matter, guy, was he tryin’ to roll you?” the cheerful, tipsy sombrero-wearing fellow asked me.

“Yeah, I guess so,” I answered, wondering what new terrors might NOW be in store for a simple college lad just trying to get to class.

One companion, also smiling broadly, then offered me a drink from their jug, which I declined while mumbling about having to get to school.

“Okay, guy, you take it easy, heh?” he smiled while carefully securing the jug in a doorway, then joined his two friends who were already pummeling unlucky Chuckie.

As I got to the end of the alley and turned south, I could see them in the fading light, still working him over.

It couldn’t have happened to a more deserving guy, was my first thought as I dog-trotted in the general direction of higher education.

The second was, how was Chuck going to explain how he got rocked and rolled by a wimpy, gutless, skinny school kid half his size. (No, really, guys, there were these three big Mexican dudes . . . followed by general laughter.)

Hey, angels don’t always carry harps and wear wings and halos. I know for a fact they can come in the most unlikely forms.

David Long is an award-winning journalist and a co-owner of the Four Corners Free Press.

Published in David Long

Debate rages over zoning proposal: A 1984 court decision nixed an industrial use in the same area

A deluge of rain in Cortez on Aug. 24 floods the area near the trailhead of the Carpenter Natural Area. An industrial use has been proposed for the 10-acre tract seen here from the top of a ridge.

A deluge of rain in Cortez on Aug. 24 floods the area near the trailhead of the Carpenter Natural Area. An industrial use has been proposed for the 10-acre tract seen here from the top of a ridge. Courtesy photo

The Cortez City Council in August post­poned making a decision about a controver­sial proposal for land adjoining the Carpen­ter Natural Area.

On the evening of Aug. 22, when a pub­lic hearing had been set on proposals for a change of zoning and conditional use permit for a 10-acre parcel at the natural area’s west end, the council instead voted unanimously to move the hearing to Tuesday, Sept. 26.

The delay was sought because of an illness in the family of Mary Lancaster, one of the applicants, as well as the fact that her hus­band, Anthony Moore, had been called out of town.

“We haven’t had the chance to hear from the applicant,” said Councilor Matt Keefau­ver at the meeting, adding that the point of a public hearing is to hear from both sides.

The postponement came just a few days after opponents of the project brought forth records of a 1984 District Court de­cision that they believe bolsters their argu­ments against the zoning change.

Moore and Lancaster, owners of In­dependent Log Company, want to use the par­cel at 1050 Leb­anon Road for milling lumber to produce log homes, stor­ing firefighting equipment, and possibly having a wildland fire­fighting train­ing facility. The project would require chang­ing the zoning from its current designation as commercial to industrial.

A number of people have voiced concerns about how the project would affect the natural area and the homes sitting atop a hill adjoining the parcel. Numerous people spoke against the rezon­ing at a July 18 hearing by the Planning and Zoning Commission, and that group did not recommend approval. People have also writ­ten letters to the editor to local newspapers and sent emails to the City Council.

Prior to the council’s vote to postpone the hearing, Mayor Rachel Medina took the un­usual step of reading a statement in which she said she was concerned about “the dis­respect that’s been exhibited to our hard-working staff pertaining to certain land-use issues.”

“Our staff members have the duty and obligation to bring forward land-use applica­tions, make recommendations, and shepherd applications through the system,” Medina said. “When staff makes recommendations, they only pertain whether in their estimation the applicants have been able to meet the criteria set forth in our land-use code. . . .We as the City Council are the decision-makers, not our staff members.”

Medina also said people should no longer send emails regarding any matters involving public hearings directly to council members, whose email addresses are listed on the city’s website.

“Although we always like to collaborate and interact with our community members, sending your opinions directly to council members regarding quasi-judicial land-use issues only serves to put us into an awkward position, since we are only able to consid­er information provided to us through the public-hearing process,” Medina said.

“Therefore, in the future we request that your opinions and other information you wish to have considered regarding quasi-ju­dicial l land-use issues be sent directly to the clerk’s office,” she said, explaining that those items will then be provided to the council in their packets.

“I appreciate the community’s engage­ment,” she said. “I want to make sure we are having respect from every angle. We take ev­ery decision we make seriously.”

The Independent Log applicants say they bought that parcel in 2021 because it is near other properties they own and there were not many parcels available that would suit their purposes.

They say the small wood mill and Cord King processor they would be using to pro­duce logs for log-home construction aren’t excessively noisy and would be comparable to a lawnmower running. They also say their operation would pro­vide a significant service to the area because it will help use timber thinned from over­crowded forests.

But opponents say the business would be incompatible with the natural area, scar­ ing off wildlife, possibly contaminating a wetland area, and creating something that would be jarring visually at the trailhead to the natural area. They say it would produce noise and dust affecting the homes on the nearby ridge. They also worry about the fact that if the zoning is changed to industrial, it will carry over if the land is sold to new owners, and those new owners could launch more-objectionable industrial uses on the same property.

The applicants, however, say critics have become too used to the fact that the land — formerly the site of a drive-in theater — has sat empty for years and years.

In August, the opponents ferreted out a 1984 District Court case regarding the Cor­tez Board of Adjustment and Appeals’ de­cision in 1983 to revoke a building permit for an industrial use near the area where the Independent Log project is currently pro­posed.

In late 1982, a company called Mountain Gravel and Construction had been granted a building permit for an asphalt hot-mix plant on land on Lebanon Road where the gym Body by Design now sits.

Neighbors Dr. David Herrick and Thom­as Ervin appealed that permit to the city’s Board of Adjustment and Appeals, citing concerns about noise, dust, odors, light, and visual impacts upon nearby residents. In Jan­uary 1983, the city told Mountain Gravel to stop work at that location, according to the “Findings of Fact, Conclusions of Law and Final Order” issued by the District Court judge in 1984.

In March 1983, following an administra­tive hearing, the Board of Adjustment and Appeals (BOAA) voted 4-0 to tell the city to revoke the building permit. According to the BOAA’s finding of fact, the city staff had been in error in approving the building per­mit for a hot-mix plant in what was called the “IM Zone” in the city.

“This conclusion is based upon the fact that a hot-mix plant is a high intensity use and, in turn, not compatible with the intent of zoning in the IM Zone in Cortez,” said the Board of Adjustment and Appeals’ doc­ument.

“(T)he City cannot abdicate its respon­sibility to surrounding users to protect and preserve their rights/welfare,” the board’s document also stated. “The subjective judg­ment of a City staff official lacking in spe­cific expertise, as it relates in this case to the effects of a hot-mix plant, to administer the limiting qualifiers listed in . . . the Zoning Ordinance for the City of Cortez is insuf­ficient to guarantee that this responsibility is being met.”

The document said the “intent also in Cortez Zoning Ordinance provisions is to make it incumbent upon applicants for building permits and potential land users to prove that the reasonable interests of exist­ing and surrounding land users will not be jeopardized.”

The BOAA’s document also stated, “un­usual topography in this specific case does cause an adverse visual impact upon sur­rounding land users.”

The board said Mountain Gravel could continue building a contractor’s yard, but not the hot-mix plant.

Mountain Gravel then filed suit against the city. A District Court judge ruled in favor of the BOAA. Mountain Gravel sued again, saying its constitutional rights had been un­lawfully taken, but a second judge also ruled in favor of the city.

The Carpenter Natural Area had not even been created in the 1980s — it was designed in 1993 — and the hot-mix plant was not as close to city homes as the parcel now owned by Independent Log is.

Opponents of the Industrial Log propos­al believe the 1984 court decision established a precedent for rejecting industrial applica­tions that are close to city residences.

The Cortez City Council is now set to take up the matter at its regular meeting on Sept. 26.

Published in September 2023

Turning the county into the city? A proposed PUD triggers fears that rentals will cause a loss of ag character

A public hearing on a proposal for a planned unit development of four rental houses on this tract of land drew a crowd to the Montezuma County Commission meeting on Aug. 8..

A public hearing on a proposal for a planned unit development of four rental houses on this tract of land drew a crowd to the Montezuma County Commission meeting on Aug. 8.. Photo by Gail Binkly

People turned out in droves Aug. 8 to tell the Montezuma County commissioners they did not want rental homes in their neighbor­hood, apparently prompting the developer to withdraw his application.

After a lengthy public hearing, the com­missioners voted 3-0 to table a decision on a proposal for a general Planned Unit Devel­opment (PUD) on 35 acres at 7231 Road 25, which is north of Road G and west of Road 25. The PUD was planned to include four single-family rental homes.

The hearing was to be continued on Aug. 22, but the application was later withdrawn by the applicant, Cole Clark, owner of El­evated Smoke, LLC.

More than 30 people spoke at the hearing, a few of them reading letters from other in­dividuals. Of those who talked at the meet­ing, just two spoke in favor of the project.

“There is a shortage of housing in the area, especially rental housing for those get­ting started,” commented Shak Powers, a former Montezuma County administrator who now works with Region 9. He spoke via Zoom.

“I am in favor of this because I don’t want to see anybody denied to make a liv­ing,” said local resident Jimmy Williams. He said the decision should be made according to the county land-use code and, although opponents had sent out information listing possible negative impacts, “there is no proof of more traffic and noise. These are accusa­tions I feel have no merit. . . The houses are needed.”

But a host of others came to the podium to say they believed the project did not fit with the neighborhood and would cause nu­merous negative effects.

County planner Don Haley first gave an overview. He said the parcel is currently zoned as AR-10-34, but because it is actually over 35 acres in size, Clark was also seeking a rezoning to AR 35-plus.

Haley said zoning regulations are the same for either of those zoning categories. Gen­eral PUDs are a conditional use in both the AR-10-34 and AR-35-plus categories. The county land-use code says one purpose of PUDs – which allow mixed-use develop­ments such as clusters of houses on a small part of a largely agricultural tract – is “to en­courage a more efficient use of land, public services and facilities.”

A common theme expressed at numerous county hearings in the past is that residents of rural Montezuma County should be al­lowed to do what they want with their prop­erty and “if you don’t like what your neigh­bor wants to do, buy his land.”

But this proposal elicited pleas for the county commissioners to reject it. Oppo­nents voiced worries that it would diminish the rural and agricultural character of the area.

“How is putting houses from-me-to-you apart, cramming people in, how does that preserve agriculture and open space and all the things that rural people want?” demand­ed Jim Dickinson, who said he lives directly across the road from the proposed project.

“I don’t want to see that stuff right across the street from me,” he continued, adding, “You’re bringing the city to the county.”

Dale Foote, who lives on Road 26, said property owners should have rights, but need to be respectful of their neighbors as well “and consider our actions and how they will impact other people.”

Foote continued, “The people who move to rural areas want to have some sort of freedom, some sort of privacy.”

Susan Kemnetz, who lives in Cortez, told the commissioners, “When a place is zoned agricultural it should be for agricultural uses, not commercial, not apartments. It does not fit. We are going to lose our agricultural land, it’s going to be covered up with these apart­ments and you’re going to regret it.”

Planned unit developments such as this one, Blue Mesa Estates south of Cortez, are scattered throughout Montezuma County.

Planned unit developments such as this one, Blue Mesa Estates south of Cortez, are scattered throughout Montezuma County. Photo by Gail Binkly

The proposal submitted was actually for single-family homes. PUDs have been al­lowed on numerous other properties around Montezuma County, but a major concern about this one seemed to be its involving rentals.

Margie Dove, who lives on Road 25 near the project, said she has had numerous homeless people and intoxicated people coming to her door. “It’s very scary,” she said, adding, “This will exacerbate the issue and make it worse. . . This is not the place for this to be built.”

“I moved here to be in the country,” said Warren Gaspar of Road H. He said he lived in Grand Junction, then Denver, but “ran from Denver to come here. I don’t have any intention of living next door to rental prop­erties,” Gaspar said.

In a letter read aloud by Mindy Nelson, Jackie and Chris Callister of Road 25 wrote, “The idea that this little slice of peace for us could be surrounded by rental units that have no use for this pastoral land is a night­mare. Honestly I am concerned about this bringing in crime and drugs again. . .We are not against the development of the land, one house per three acre parcel. We are against the current proposed plans.”

“I am a county resident on Road G.2 and I am totally opposed to any low income hous­ing projects in Montezuma County,” read a letter to the commissioners signed David Anton. In a postscript, he added, “No illegal aliens and no refugee resettlement.”

In another letter, Sandy Gates and Da­vid Hamilton of Road 26.5 wrote that they “have lived all over the country in some of the most desirable places that were once small, community-minded towns and cities; then boomed into uncontrolled growth with no respect for the land or people residing in these places. We chose Cortez for the very fact it has not been ‘discovered’ or ruined by the money hungry land developers.”

They said there are plenty of lots available in Cortez “for hopeful growth WITHIN THE CITY LIMITS.”

Not every letter-writer opposed the PUD. Anne Worthington wrote, “I have no objec­tion to this planned development. We need more affordable housing and I support di­verse neighborhoods – mixed large and small lots. I live off of Road G in a neighborhood of large lots, what one might call rural and it saddens me that people own these proper­ties yet cannot or will not take care of them. The volume of invasive weeds is growing exponentially. For those who grow crops or raise livestock this can be an issue especially if the weeds spread. Perhaps smaller lots are more manageable for those who want to live in a more rural environment.”

Ron Tucker of Road G told the commis­sioners at the meeting that a problem rarely addressed is light pollution caused by high-density development. “As cars come out of the rental areas, they light up homes across the street, every night and predawn for the rest of their lives.” He said if a PUD is al­lowed near where he lives, “My house is go­ing to light up like a dance floor at a disco club for the rest of my life.”

Melanie Russell, manager and owner of R and R properties, said they have multiple rental units in the county and she under­stands the need for them. “Rentals are need­ed for young people, but I am against this. It needs to be done in a way that reflects our community,” she said.

“People can’t always afford to buy a house,” she continued. “Rental homes are great but need to be on bigger lots. . . . we just need it to be done in a respectful manner that respects our cool and awesome environ­ment.”

Citizens also expressed concerns about whether roads in the area can handle more development. Stephanie Fry read aloud a let­ter from Derek and Marlene Dove that said, “We live on CR G and traffic has drastically increased over the last few years. These roads were never intended to carry the amount of traffic they currently do and putting an extra 16 cars making 2 trips out and back per day is just dangerous.”

Opponents of the PUD also pointed out that the county Planning Commission had recommending not approving the proposal.

Many also commented that there is plenty of vacant land within Cortez’s city limits where rental housing could be put.

A grassroots group that organized to op­pose the PUD proposal said in an email, “PUDs are being misused to work around the 3-acre minimum lot sizes that are repeat­edly stated and reaffirmed in the LUC.”

At the conclusion of the public com­ments, applicant Clark said he was born and raised in Montezuma County, has lived here 28 years, and was trying to build something nice in the area.

He showed a slide of dilapidated trailer homes surrounded by junk, saying they are in the area where his project was proposed. “This is the rural character we’re trying to protect?” he asked. “This is my home too and I want to make it better for every single one of us. If this is the rural character we want to protect, then absolutely decline this, because I’m not going to be putting THAT up.”

Clark said workforce housing is badly needed. He noted that there are numerous other PUDs already in place in the county, such as Blue Mesa Estates south of the Montezuma-Cortez High School, where houses are being built on lots of less than one acre. “It doesn’t make sense. They didn’t get the backlash,” he said.

He also mentioned that the property is within a mile of the city of Cortez, an area considered a “zone of influence.”

“I absolutely do understand all of your concerns,” he said. “I’m part of this com­munity but I am in this one mile of influence and we do need workforce housing.”

Commission Chair Jim Candelaria said he believed the project met the necessary cri­teria stated in the land-use code and would have no significant adverse impacts.

“You guys are our bosses,” he told the audience. “You voted on the land-use code, you gave it to us to govern by. If you don’t like it, there is a process to get it changed. There are planned unit developments all over this county.”

The land-use code says residential subdivi­sions require a minimum of three acres per home, Candelaria said, “but what is in front of us today is a PUD, not a subdivision.”

But Commissioner Gerald Koppenhafer, who was one of 12 people who served on the committee that created the original land-use plan, approved in 1998, said the use of PUDs has strayed away from their intended purpose.

“PUDs were put in there with the intent that if you had agricultural property and had to sell off part of it to keep your property, you could put some smaller lots on one end of it,” Koppenhafer said. “The intent with the rest of it was it remained agricultural. Somewhere along the line we have lost that.”

Koppenhafer said there used to be a deed restriction put on such properties so that the people who bought those lots knew the land was going to remain open.

“I think it needs to come back,” Koppen­hafer said to applause, adding, ”We need to have the right zoning for these things. If it’s going to be a commercial property, it needs to be zoned commercial.”

Commissioner Kent Lindsay agreed. He said PUDs are a tool to provide flexibility “that was put in there for home based busi­nesses, nothing else. . . I’m with Gerald. This has gotten out of hand. We have been approving stuff that was never intended to be approved.”

The board then voted 3-0 to postpone a decision while they awaited some details.

But by the Aug. 22 meeting, when the hearing was supposed to continue, it was crossed off the agenda with a note saying the proposal had been withdrawn.

Clark told the Four Corners Free Press in a phone interview that he would now seek to subdivide his land rather than get the PUD approved. “Everyone is super upset about the PUD,” he said.

Clark said he thought it unrealistic for people to live a mile from Cortez’s city lim­its but believe they were residing in a totally rural area. “Do you not think it’s going to grow?” he asked.

He said the rental homes weren’t intended to draw in people from outside the area.

“I have 15 rental units in the city and county,” he said. “Those people aren’t from somewhere else. Not one person has come from out of town in my properties. They’re kids getting their own homes, people mov­ing from other homes – they’re our local population.”

Published in September 2023

Moore: ‘They’re not our enemies’

Tony Moore, who with his wife Mary Lancaster is seeking to launch a log-processing business and firefighting operation near the entrance to the Carpenter Natural Area in Cortez, still hopes matters can be worked out between them and opponents of the proposal.

He and Lancaster are seeking a change of zoning from commercial to industrial for the 10-acre parcel at the west end of the Carpenter Trail. On July 18, the Cortez Plan­ning and Zoning Commission split 2-2 on a motion to recommend approval of the zoning change. A tie vote means the motion fails.

The matter is coming before the Cortez City Council in August.

“We want a peaceful solution that will work for everybody,” Moore told the Four Cor­ners Free Press in a phone interview. “We walk that trail.”

Opponents have raised concerns about whether an industrial business is compatible with the natural area and residences on a hill nearby. One of their main issues is noise that would be produced by the small wood mill and Cord King processor Moore would be using to produce logs for log-home construction.

Moore said he plans to make a video showing the mill operating and how it sounds. It’s listed as producing 89 decibels of sound. He said that level is minimal and “from 50 feet away you can’t hear it.”

But if noise is still a major issue, he could replace the gas motor with an electric one, which would be much quieter, he said.

“If there’s a problem, I want to fix it. I’m not here to drown somebody out with noise.”

He also said opponents should be more upset with the city than with his proposed business because the city had numerous opportunities to buy the property at the trail­head.

“But the city wasn’t interested,” he said. “They can’t manage the Parks and Recreation properties they have already. They don’t have the budget and staff.”

Moore said his operation would provide a significant service to the area because they are wildland firefighters. “I’ve got a crew in Arizona right now fighting a fire, and there’s one big one by Gunnison and we’ll be dispatched to that,” he said on July 27.

“The stuff we do is nothing but good. We’re not here to try to have a battle.”

Moore said they’ve been criticized for doing some work at the property without a per­mit, but that all stemmed from the COVID-19 pandemic. They bought the property in October 2021 after working for eight months to buy it, and during that time they went to the city to obtain permits. But most offices were closed and few staff people were available, he said. The ones he could reach, most of whom have now left, told him to go ahead and store equipment on the property and do some grading.

“People said ‘do what you need to do and we’ll pick it up at a later date’,” he said.

When he was told to stop he did, Moore said.

“I’m not fully in business now. We’re following the rules.”

He said he and his wife value the trail and he hopes to volunteer with cleanups there some time in the future. “But my property is my property.”

But Moore reiterated that he understands people’s concerns about protecting the Carpenter area. “We’re not against the people. They’re not our enemies. We see their good intentions.”

Published in August 2023

At loggerheads: A proposal for an industrial use near a natural area still divides the community

A proposed change in zoning for a 10-acre tract that sits along Lebanon Road and the road leading to the trailhead for Cortez’s Carpenter Natural Area has proven to be controversial. The tract, shown in the upper right of this photo, belongs to the Independent Log Company.

A proposed change in zoning for a 10-acre tract that sits along Lebanon Road and the road leading to the trailhead for Cortez’s Carpenter Natural Area has proven to be controversial. The tract, shown in the upper right of this photo, belongs to the Independent Log Company. Photo by Gail Binkly

In August, the Cortez City Council is poised to wrestle with a highly contentious issue: whether to place an industrial zone near the entrance to a city park.

The arguments over whether to change the zoning of a 10-acre parcel adjoining the Carpenter Natural Area from commercial to industrial have been raging for months. The parcel is owned by Anthony Moore and Mary Lancaster of Independent Log Company, who hope to use it for producing log homes, storing firefighting equipment and other related purposes.

It sits along the entrance road to the Carpenter Trail at its west end, which is on the city’s northern edge off Lebanon Road. The mile-and-a-half-long trail crosses land left mostly in its natural state, with native vegetation, a small stream and a pond that dries up in the summer. To the north, over a ridge, is the Geer Natural Area, featuring miles of cycling trails.

Note: The author has taken part in cleanups of the Carpenter Natural Area and has frequently walked the trail.

Proponents of the rezoning say the Inde­pendent Log project would align with other businesses along Highway 491 and Lebanon Road and would be valuable to the area.

“We’re trying to come into this commu­nity to help,” said Moore during a July 18 hearing before the city Planning and Zon­ing Commission.

Moore is a professional logger and he and Lancaster are certified wildland firefighters.

Independent Log Company is seeking industrial zoning for this parcel near Carpenter Natural Area.

Independent Log Company is seeking industrial zoning for this parcel near Carpenter Natural Area. Photo by Gail Binkly

A report on the proposal, written by city planner Nancy Dosdall, supported the change in zoning, saying, “The Cortez Comprehensive plan includes numerous goals that support the requested rezone. . . [including] sustain a well-balanced and di­verse local economy; encourage industries that employ City residents. . . ; encourage manufacturing businesses and other skilled labor businesses to enhance employment opportunities. . .”

But opponents see the proposal as com­pletely incompatible with both the natural area and nearby homes, and question why the city would even consider it.

 Empty for years

“If a change in zoning is permitted for this parcel, there is no point in having a zoning code,” said city resident Carol Taylor during the July 18 hearing before the Plan­ning and Zoning Commission.

The hearing, which stretched on for more than three hours and featured numer­ous consultations with city attorney Patrick Coleman, reflected the sharp difference in community opinions. The four current members of P&Z were split 2-2 on several motions involving recommendations to the city council.

A tie means the motion fails, so P&Z was unable to pass a recommendation either for or against the project. (P&Z merely gives recommendations to the city council.)

The council is set to have a first reading of a resolution supporting the rezoning on Tuesday, Aug. 8, with the public hearing and actual vote on the issue on Aug. 22. It is also going to consider a conditional use permit for the property that would allow for ad­ditional uses there.

The couple bought the property at 1050 Lebanon Road in October 2021. They own several other tracts nearby, including one at 10206 Highway 491, on the west side of the highway. On July 25, the Cortez City Coun­cil voted 7-0 to grant approval for a change of zoning from commercial to industrial for the highway property. No one from the public came to speak against the idea.

But the zoning change for 1050 Lebanon Road faces a considerably more difficult battle.

The 10-acre tract, once the site of a drive-in theater, has been empty for decades. It sits at the base of a hill on which residential homes stand, and stretches partway up that hill. It’s also near the trailhead accessing the Carpenter Natural Area, a 180-acre space that was started when the Carpenter family gave 76 acres to the city in 1993.

Some 40 people attended the July 18 hear­ing before P&Z. A dozen citizens spoke against the rezoning, five in favor of it.

‘A perfect location’

According to a document submitted by the applicants, they plan to use the land to store wildland firefighting equipment and hope to also have a wildland firefighting training facility there.

In addition, they would use logs taken from the San Juan National Forest to build “Swedish Style Cope Log Homes and Tim­ber Frame log homes,” the document says. Logs would be stored on-site and a Wood Mizer Mill would shape them. Byproduct wood would be turned into firewood using a Cord King processor.

All the sawdust produced would be stored inside a trailer, then hauled away for use in animal bedding and other things, the document says.

“All our wood comes from the local San Juan forests USDA timber sales, and we are a huge part in the removal of this dead and dying wood and keeping the forest healthy,” the document says.

“Both properties will be used for equip­ment storage for example water trucks, logging trailers, enclosed trailers, and other equipment we use for firefighting, logging, and log home manufacturing,” the docu­ment states. “…Firewood, slabs and rough-cut lumber will be processed and sold local­ly onsite and delivered. Log home furniture and railing will also be on both locations.”

City planner Dosdall explained to P&Z that under the city code, outside storage of com­modities is allowed only in industrial zones, and firewood is considered a commodity, so this necessitated the change in zoning.

At various meetings, Lancaster and Moore, who were both born in Montezuma County, said they had operated their busi­ness out of Alamosa, Colo., but wanted to return here. However, they had difficulty finding land.

“Five years ago we began looking at properties all around this area,” Moore told P&Z, “but there’s none. I’d have to go out to Dove Creek to get any bare land out there.”

He reiterated that to the city council on July 25. “Montezuma County is so devel­oped any more, there’s homes along every road, every nook and cranny,” he said.

But in the area along 491 and Lebanon, he said, they have purchased five tracts. “We feel that it’s in a perfect location.”

Spot zoning?

During the hearing, Julie Suckla, owner of a local real-estate company, told P&Z they should recommend approval of the project. She spoke about the need for hous­ing and for wildfire mitigation.

She said people moving into the local area see the most important factors as “clean air and our mountains.”

“When our skies are filled with smoke that’s all we see, and having this resource is something we haven’t had in the past,” Suckla said.

Shak Powers of Cortez, former Monte­zuma County administrator, said the project would provide a boost to the economy.

He frequently runs in Carpenter and it is “completely surrounded by commercial and industrial uses already,” he said, “so I don’t imagine the proposed rezoning would have a detrimental effect.”

Dave Waters, who with his wife Lana owns D&L Construction, spoke about their construction yard on Road L adjoining the Geer and Carpenter natural areas on their north side. “Have you ever heard noise from it?” he asked.

“These people deserve the right to prove themselves. They checked the boxes. Do your job and approve it,” he told P&Z. But other citizens disagreed sharply.

Gala Pock of Pleasant View, a former member of the county’s Planning Commis­sion, said a rezoning would be “clearly spot zoning,” which means granting a zoning designation that is at odds with the neigh­borhood. Spot zoning is generally viewed as an unfair way to allow people to get around regular zoning plans.

Emily Waldron of Cortez, who said she’d also served on a planning group in anoth­er city, agreed. “The presumed scarcity of industrial sites will not be solved by spot zoning,” she said. “This is very clearly an instance of spot zoning.”

Jim Skvorc of P&Z, who ultimately voted against recommending the rezon­ing, pointed out that much of the tract is bordered by a residential neighborhood and Carpenter’s open space, rather than indus­trial activity. “I think the original zoning was correct,” he said.

Teri Paul, representing a group called the Neighbors and Friends of Carpenter, said, “I agree that this business does important and valuable work in firefighting. We argue that this is not the place for that business.”

She said the group believes that the pro­posed uses are incompatible with the homes and natural areas.

“Planning has not adequately addressed the problems of noise, lights, time of op­eration, accumulation of sawdust piles, smoke, exhaust, dust, fire, accumulation of debris and discarded equipment, increased traffic of heavy equipment, impact on wild­life of the natural area, etc.,” Paul said.

John Brzovic, who said he lives about a half-mile away, voiced concern about the appearance at the trailhead. “it is no longer recognizable as a park entrance,” he said, “with the unsightly collection of trucks, heavy machinery, log piles and 55-gallon drums.”

The applicants and staff had revised the original site plan to provide for 20-foot-tall evergreen trees as screening along the road into the Carpenter area, but several people pointed out that it would take many years for trees to grow to that height.

 Moving ahead

Several citizens criticized the applicants for having moved ahead with some activi­ties on the site without obtaining permits.

The city also mentioned that in its staff report, which stated, “ The Owners/Appli­cants, who also own the parcel located at 1107 Lebanon Road directly west of this subject property, are already using the prop­erty for equipment and material storage for the business. They have been cited for code violations for operating without permits.”

The citation involved verbal warnings rather than any actual citation, Rachael Marchbanks, the city’s community and eco­nomic development director, explained in an email to the Four Corners Free Press.

“The staff report probably could have been more artfully worded with respect to the City’s enforcement efforts relating to Anthony Moore and Mary Lancaster, ” Marchbanks wrote. “The City’s enforce­ment efforts consisted of verbal warnings . . . that the owners/applicants ongoing grading activities required a grading permit, and that the various log operations are not allowed in the current zone district without additional City permits or a change in zon­ing.”

In response, the applicants did obtain a grading permit, and worked with planning staff to “begin the process of applying for the applicable permits and zoning changes necessary to allow them to conduct their operations in compliance with the Land Use Code,” Marchbanks said.

Another issue brought up was noise.

The mill makes 75 decibels of sound, which is comparable to a lawnmower, ac­cording to the document they submitted, while the Cord King processor emits 90 decibels.

“Once the company is in full operation with the continuous cacophony of sound coming from the sawmill, chainsaws, elec­tric saw and trucks, I can’t imagine anyone wishing a peaceful walk to use this section of the park,” Brzovic said.

Paul Dewitt of Cortez said 85 decibels is generally considered the sound threshold where extended exposure leads to perma­nent hearing loss. Traffic noise is about 70 decibels, he said.

The decibel scale is a logarithmic scale, he explained, meaning an increase of 10 deci­bels is a 10-fold increase.

The Wood Mizer mill the applicants plan to use is rated at 89 decibels by the manu­facturer, Dewitt said. “This is three times louder than that accepted threshold.” The Cord King processor is 100 times louder than traffic, he said. “The noise levels as estimated by the manufacturer are thee to four times safe levels.”

But Moore and Lancaster disputed that. “If you walk away 20 feet from 89 decibels you can hardly hear it,” Moore said. Lan­caster said it would be like a lawn mower.

The applicants’ documents don’t give hours of operation, but Moore told the city council on July 25, when talking about the other piece of property on Highway 491, that hours for the production of log homes would be normal business hours. If they happen to be dispatched to a wildfire, they would need to load firefight­ing equipment and that could happen at odd hours, but it wouldn’t happen often, he said.

Uniqueness

Moore said they employ 30 to 50 people in processing the logs and building log homes. “We need to have something for them to do when there ain’t a fire,” he said. “This helps a lot of people.”

Indian paintbrush is one of numerous native plant species in the Carpenter Natural Area.

Indian paintbrush is one of numerous native plant species in the Carpenter Natural Area. Photo by Gail Binkly

Pock questioned the amount of jobs that would actually be available to local people. She spoke about the Ironwood mill near Dolores, noting that Ironwood at one point applied to be able to put in “mancamp trail­ers because they couldn’t find local workers to work in their sawmill. They were bring­ing people in, so if you think this is going to produce jobs for the local men it may not.”

Several people spoke to P&Z about the value of the natural area, its wildlife and plants.

April Baison, a resident of Montezuma County, said she visits Carpenter every day and spoke of its uniqueness.

“There is nothing like it in surrounding communities – Durango, Pagosa Springs, Farmington, Shiprock, Monticello, to name a few. One hundred eighty acres roughly with over 170 species of plants, with most native. That’s a lot,” she said.

“This is a great resource and something we ought to be proud of. I don’t think this particular project is compatible with a natu­ral area.”

David Faulkner, a retired natural-resource biologist said 30 to 50 species of bird use that area at different times of the year and spoke about the wetlands area that runs through Carpenter. “The ambience of the area is something Cortez ought to be proud of and we’re going to lose that,” he said.

Former Mayor Mike Lavey praised the applicants for their ambition and said their operation appears to be a good one, but added, “I think it’s in the wrong place.”

He suggested a possible land swap where the city would take over the 10-acre par­cel in exchange for giving a piece of city-owned land to them. “It’s been done in the past,” he said.

Others spoke about the fact that chang­ing the zoning would mean the parcel would permanently be zoned industrial, and if and when Independent Log stops operating or sells the property, that could open the door for more-objectionable uses.

Katrina Weiss and Robert Rime of P&Z voted to recommend approval of the pro­posal to the council, while Skvorc and Lance McDaniel voted against it.

After that motion failed, Skvorc made a motion recommending denying the zoning and listed his reasons for doing so, which were that the land is adjacent on two sides to residential land and open space; the pro­posal isn’t compatible with adjacent uses; commercial zoning is appropriate; and the surrounding area has changed recently to residential and open space.

That motion also failed on a 2-2 vote.

‘Not backing away’

After the vote, Moore said the applicants will continue moving forward.

“For 30 years that property laid vacant from Allen’s Theater,” he said. “Every­body got spoiled watching it being vacant. . . . We’re not backing away. We’re going to move forward. So if it takes a 300-by-300 building to do this operation in a building. . .. I didn’t buy that property to leave it vacant and grow weeds and watch deer go across my property.”

He said his firefighting crew had just been dispatched to Meeker, Colo. “That’s how important my company is to this com­munity and other communities. The fires are already starting to break out.”

He said the land is zoned commercial and he will be doing some sort of business there no matter what. “We’re all going to get real acquainted. I’m just going to apply again. . . . If this criteria doesn’t fit this I’ll put another business on it. Maybe I’ll put it back to a theater. That was all grandfather-claused in.”

He added, “I’m not paying city taxes to leave it vacant. If this doesn’t move through we’re going to go to Plan B.”

If there’s somewhere else his operation should be located, he said, “Show me on a map where you think the right area is.”

Published in August 2023

The Carpenter controversy: Can an industrial zone be compatible with Cortez’s natural area?

The trail through the Carpenter Natural Area descends from the eastern entrance. A proposal to change the zoning on a 10-acre parcel at the area’s west end has raised concerns among adjacent landowners, but the applicants say they will use the property in a way that will benefit local firefighting efforts and won’t be detrimental to surrounding uses.

The trail through the Carpenter Natural Area descends from the eastern entrance. A proposal to change the zoning on a 10-acre parcel at the area’s west end has raised concerns among adjacent landowners, but the applicants say they will use the property in a way that will benefit local firefighting efforts and won’t be detrimental to surrounding uses. Photo by Janneli F. Miller

Controversy has boiled up over a proposed use of land on the outskirts of Cortez.

The City of Cortez has received an ap­plication requesting a change in the zoning for a 10-acre parcel of land at 1050 Lebanon Road, adjacent to Carpenter Natural Area and the Montview residential neighborhood on the north edge of Cortez.

The property was vacant land, where the old drive-in theater used to be, and is cur­rently zoned commercial.

Anthony D. Moore and Mary K. Lan­caster of Independent Log Company (ILC) recently moved to Cortez from Alamosa, buying the property in 2021 for $199,000, according to county tax records. They have their business headquarters across Lebanon Road at 10206 Highway 491and purchased the 10-acre parcel next to the west Carpen­ter Natural Area trailhead with the intent of storing heavy equipment and manufacturing log homes there.

Moore is a Master Log Crafter, profes­sional logger and award-winning wildland firefighter. The narrative he submitted to the City of Cortez in the application for rezon­ing explained the business plan and reasons for the rezoning, stating: “We will be using this land to store are [sic] Wildland fire­fighting equipment that we use to assist the USDA forest service with our 54 contracts.We are hopeful for a proposed Wildland Firefighting training facility to help qualify individuals wishing to pursue Wildland Fire­fighting careers.”

The rezoning request and activities already occurring on the property have generated controversy in the community, with resi­dents and supporters of Carpenter Natural Area generally against the rezoning, while pro-business interests and Moore’s associ­ates in support of the change.

Pam Telleen, a resident of the neigh­borhood adjacent to the parcel, moved to Driscoll Street specifically because of the proximity to Carpenter Natural Area.

“Rezoning would be in direct opposition to the well-being of the residents,” she told the Free Press in a phone interview. “It’s an old neighborhood built in the 1970’s and it’s not in the public interest to rezone.” She is concerned that having an industrial property so close to her home will deleteriously im­pact her quality of life.

A public hearing on the four requests by ILC was held at the June 6 meeting of the City of Cortez Planning and Zoning com­mittee, with three members of the com­mittee present (McDaniel, Levy and Weiss). Moore and Lancaster were asking for rezon­ing and conditional use permits on both of their properties located on both sides of Lebanon road, which resulted in four differ­ent resolutions, numbered 7, 10, 8 and 11.

These can be viewed on the city website at: https://tinyurl.com/cy82wan3

Code violation

Information about these resolutions was presented by Cortez City Planner Nancy Dorsdall, followed by discussion and com­ments from the public. Equipment storage and manufacturing were addressed at the hearing, but there was no mention of a wild­land firefighting training facility, or onsite retail pickup of wood products and manu­factured homes as mentioned in the applica­tion. The zoning request for the 10-acre parcel has been complicated by the fact that ILC started using the property without obtaining the necessary permits for the kind of uses the company was doing, including grading and filling in a wetland, cutting down and burning vegetation, as well as storing heavy equipment.

A map included with the application for a zoning change near the Carpenter Natural Area.

A map included with the application for a zoning change near the Carpenter Natural Area.

Dorsdall, in her June 6 presentation to the P&Z, stated, “We need to disclose that the applicants are already using the property for equipment and material storage for their business. They have been cited for code vio­lation and for operating without permits.”

She also mentioned that ILC had been “issued violation letters for establishing use without permits,” mentioning that “some grading occurred without issuance of grad­ing permits.” Conditional-use permits for grading were subsequently issued after the citations, but no information as to the penal­ties for these violations was provided.

Residents in the neighborhood and people using the Carpenter Natural Area noticed the grading activity and have voiced their concerns to the city about this planned re­zoning, for many reasons.

Teri Paul, a volunteer with the citizens group Friends of Carpenter Natural Area, lives in the nearby neighborhood and walks in the area daily. She told the Free Press, “The grading they already did was not permitted. He had been grading on his property any­way. He completely obliterated the wetlands.It’s a seasonal wetland.”

Asking forgiveness

Deb Silverman, a longtime Cortez resi­dent who regularly visits the Carpenter Nat­ural Area, attended the June 6 hearing and spoke to the Free Press later. She expressed concern about the issues of grading without permits and damaging wetlands.

“There’s no doubt that the wetland ex­tends into that area. There are some levees that got rechanneled and it’s obviously a floodplain.”

Another longtime resident who spoke to the Free Press upon condition of anonymity said, “There was a nice wetland down there. The wetlands came from the natural area, and when it rains or when there is a lot of moisture it kinds of floods over and brings back the wetland. you can’t just cover it over. But when this guy came in, what he started to do was bulldoze over it and fill it in. We watched them do this. And then you come to find out they didn’t have permits.”

Dorsdall addressed this issue in the public hearing.“There was some grading, but ac­cording to the engineers, it did not impact the drainage or the wetland on the Carpenter property. Some of the issues hit our condi­tional-use permit. There is some floodplain on the property, where our engineer has re­quested they change their plans for use of that portion of the acreage.”

The conditional-use permit for the prop­erty (resolution 10) was approved by Plan­ning and Zoning on June 6 as a way to miti­gate the uses already taking place there.

Similarly, Dorsdall explained that since the owners have already established use on the property, “If this request [for rezoning] is approved it would bring the property into compliance with the land use code.”

Dorsdall’s information packet to the members of Planning and Zoning included definitions of allowed uses of commercial and industrial zones: “Contractor storage or equipment yards and manufacturing, wood products are similar uses that are listed as Conditional Uses in the “C” zone and per­mitted uses in the “I” zone, indicating that perhaps rezoning is not required, and a Con­ditional Use Permit is appropriate to autho­rize the proposed uses.”

Lebanon Road entrance of Carpenter Natural Area

A view of the western entrance to Cortez’s Carpenter Natural Area, off Lebanon Road, and the 10-acre parcel where a proposed zoning change has caused concern. Photo by Gail Binkly

Besides grading a wetland without a per­mit, citizens have raised other concerns about rezoning the parcel, including noise, property values, traffic at the intersection of Lebanon Road and Highway 491, air pollu­tion, chemicals and their related health con­cerns, as well the viewshed and future impli­cations of the zoning change if and when the current property owners sell.

“The problem that I have with rezoning is that it opens up other things that need to be permitted,” said Rebecca Levy, Planning and Zoning Commission member, at the hear­ing. “If you sold the property and left, then it’s not the same conditions associated with your use and suddenly all these other things that are permitted may not be a good fit right next to single-family residential area.” “The biggest issue is not who this busi­ness is and what they do – but if we rezone this to industrial next to a residential area – this is a bad precedent to set,” Paul told the Free Press.

Paul Dewitt, speaking at the hearing (which can be seen on youtube), said “This has the appearance to me that the applicant is taking an approach of ‘it’s easier to ask forgiveness than permission,’ and then if ap­proved, is that the city planning is trying to make the shoe fit.”

When to rezone

The Cortez Land Use Code, section 6.02 c. states that “the rezoning of land is to be discouraged.” Rezoning is only to be consid­ered if one or more of the following criteria apply: the zoning was in error and current zoning is inconsistent with city goals and comprehensive plan; the land has changed to such a degree that it is in the public interest to encourage redevelopment; the rezoning is necessary to provide for a use which was not anticipated when the comprehensive plan was adopted.

These criteria were addressed at the June 6 hearing, with Dorsdall stating that the origi­nal zoning was not erroneous. The third cri­terion does not seem to apply, since logging operations and equipment storage are not new or unanticipated uses.

But the second criterion is under ques­tion, as proponents of the rezoning point to the industrial nature of the surrounding area, across Lebanon Road. to the west and north to the Industrial Park a mile away, while those against the zoning change point to the city’s commitment to open space and development of the Carpenter Natural Area adjacent to the east of the parcel, as well as the residential area to the east and south.

The area is mixed use, and yet the prop­erty is bounded by city open space to the north and east, by residential property on the east and south, and by Lebanon Road to the west. There are industrial-zoned proper­ties in the area, but none are adjacent to the parcel, and some are vacant.

Rick Ryan, Cortez citizen comment­ing at the June 6 hearing, said, “I didn’t see any photos of the residential area. It would have been helpful and fair to see the rela­tionship to the actual homes and the natural area. Take a picture from the homes looking down. The photos [in the presentation] were all to the west and north but not to the east (the natural area) and residences, south. In the initial study maybe there wasn’t enough thought given to the folks who live there. It seems that the committee didn’t check with the folks who were going to be impacted.”

Lorna Leonard, at 905 Ridge Road, told the Planning and Zoning Commission, “I didn’t realize anything was going on. A lot of dirt has been moved up to my property. I’m wondering if a proper survey was done before the digging out. I’m really concerned about my property value with an industrial zone right there. I can see it over my fence, I’m that close.”

‘Still hear the noise’

According to city code, property own­ers adjacent to a property where a zoning change is being considered must be notified, as well as those who are within 300 feet of the property. The Montview neighborhood sits above the 10-acre parcel in question, and only two residences share a boundary with it, so they were notified. The other properties, such as Leonard’s, are further away than 300 feet. and were not notified of the proposed zoning change, although the residents living there can hear and see the activity below.

Telleen told the Free Press, “I hear every­thing that goes on. I can hear trucks down there. I’m four blocks away and set back off the edge, but I can still hear the noise. And I did see the smoke when they burned.”

The ILC narrative included in the applica­tion for rezoning noted the decibel levels of the various activities planned, stating, “The amount of noise that will be created for this operation is very minimal mostly due to, this is a wide-open area and sound will go off into many directions and be absorbed into ground you therefore you only end up hear­ing a small part of it.”

ILC will use a Wood Mizer Mill, and chain saws, and Moore told P&Z that, “The spec is 89 decibels. Nobody will ever hear it.”

Lancaster agreed, telling the committee that “Those properties are way up on a hill. We have went up there and we cannot hear what we’re doing up there.”

But Paul disagreed, telling the Free Press, “I can hear when their equipment is going out my kitchen window. For them to say there is no noise problem is just bull.”

Discrepancies

These kinds of discrepancies between local citizens and the business owners and their supporters are not limited to noise. Ho­meowners are concerned about their prop­erty values.

Lancaster said she doesn’t think that’s an issue.

Dewitt, a resident on the mesa near the parcel. commented, “I think most people would agree that an industrial zone is not compatible with residential.”

But Larry Don Suckla, local business owner, stated, “I believe this would be a positive business and the industrial rezoning should be approved. When they built the in­dustrial park, the houses were already right next to it.”

At the hearing, a total of nine people spoke against the zoning change. Five live in the neighborhood adjacent to the parcel, and four are regular visitors to Carpenter Natural Area.

Four spoke in favor of the change, includ­ing Julie and Larry Don Suckla, as well as two firefighters who mentioned the need for the ILC’s business, since storing heavy equipment used to fight fires in the area would help local firefighting efforts.

The ILC provided a lot of informa­tion about their firefighting experience and award-winning activities. Many of the peo­ple who commented at the hearing said they were supportive of firefighting and acknowl­edged the importance of this activity.

Residents against the rezoning do support firefighting.

“We’re not against this type of activity but it is in the wrong place,” Deb Silverman told the Free Press. “We have an industrial park – they could operate there. It’s a false choice to make us look like we’re anti-business. The thing is, once it is zoned industrial, it’s for all time. This is very short-sighted land use. Paul told the Free Press, “We have these codes and regulations so that we all get along and are good neighbors to each other, so that we can be a good community. I am not against business, but this should be miles out of town. The purpose for residential dis­tricts is to be sheltered from incompatible and disruptive activities.”

There was no discussion of possible im­pacts on the busy intersection of Highway 491 and Lebanon Road.

The need for firefighting

One of the criteria for zoning change mentioned in Dorsdall’s presentation was that of need, and firefighting equipment and services were considered to be a need. No one interviewed by the Free Press or speaking at the June 6 meeting denied the importance of firefighting. The questions instead were why this business needed to be located next to a natural area and a residential area, espe­cially since the zoning change could impact the future of these areas. When or if ILC sells the site, other industrial activities would be allowed if the zoning change is approved.

“The city is presently at cross purposes,” Telleen told the Free Press. “Cortez had a great reputation for having great parks, a rec center, ball fields and courts, and a desire to protect these. Carpenter was set aside for people to enjoy the high desert in the city limits. It’s a gem. However, at this point they seem to be in opposition to their mission. The city needs to decide if it’s going to con­tinue on the progressive path or succumb to special interests. This business belongs in a more suitable location.”

The Carpenter Natural Area is on the east side of the ILC property and proposed industrial zone. It consists of 180 acres of wetland and bluff, next to the George Ray­mond Geer Natural Area on the north and the Montview residential neighborhood on the south.

The Carpenter family donated the origi­nal 76-acre preserve to the city of Cortez in 1993 to be preserved as a public park, natu­ral area and wildlife sanctuary. The city pur­chased an additional 80 acres and designated 60 as part of the preserve.

And in 2017, a 50-acre conservation ease­ment was created between landowner Keith Evans and the Montezuma Land Conser­vancy, to provide long-term stewardship and management.

The preserve has more than 10 miles of hiking and biking trails, as well as a paved mile-long trail providing disability access. It is near the hospital and used frequently by hospital employees and neighborhood resi­dents as well as people from all over Cortez and the county. There are wetlands, birds, foxes, deer, archaeological sites, picnic areas, and native plant education signage. Accessed by trailheads on the west side, near the ILC property, and on the east side by the hospi­tal, as well as from the north, people use the area to find peace and quiet in the midst of the city, with many calling it “a gem.”

Changing their route

Since ILC has started using the property, some residents have curtailed their visits. Chris McAllister, a resident within walking distance of the area, told the P&Z that the activities of the ILC have “definitely changed the character of the viewshed of one of our favorite trails.We noticed a lot less wildlife in that area. We have changed our route be­cause it’s not as attractive. I have no problem with the company but not right there.”

Telleen told the Free Press that she too has changed her route: “I have recently not driven to that west entrance because it’s so upsetting to run along all the trucks and the grading.

“It doesn’t fit. I stay away from that area because it’s not attractive, and it’s not con­ducive to the quietness of the area. When it was open space, it wasn’t full of trucks and trailers. Now I avoid that entrance.”

In response to the comments and con­cerns voiced at the public hearing, Mary Lancaster said, “I want you to want us. We can compromise. We hear what you guys want.

“It’s just a small inlet where that Carpen­ter area is. We’re wanting to be on the same page. Everything we do, we put it back natu­ral, we’ll put in the native grasses, we work with the Forest Service so we know how to do that. We make sure we’re in compliance. There will be no issues with ILC.”

After almost two hours, including Dors­dall’s presentation, public comments and discussion, as well as poignant moments of silence while committee members pondered the issue, the Planning and Zoning Commis­sion tabled the zoning request for the 10-acre parcel (resolution 7), leaving it to be ad­dressed their meeting on July 18 at 6:30 p.m. in the city offices on the corner of Roger Smith Rd and Montezuma Ave.

At this meeting it is hoped that all five members of the commission will be in at­tendance and there will be another public hearing on the issue.

The commission will make a recommen­dation on this issue, and then forward their recommendation to the Cortez City Council, which will meet on July 25.

The City Council will ultimately decide on whether or not to approve the rezoning re­quest.

Published in July 2023, Uncategorized

Grocery-store merger raises concerns: Locals tell Colorado AG Phil Weiser they don’t see many benefits

Local residents are worried about a proposed merger between Kroger, which owns City Market, and Albertsons, which owns Safeway. Photo by Gail Binkly.

Competition is an essential cornerstone of a capitalist economy. So what happens when it’s reduced?

That was the question that drew Colorado Attorney General Phil Weiser to Cortez on May 18. Weiser has been visiting locations around the state to discuss the proposed merger between grocery giants Albertsons, which owns Safeway, and Kroger, which owns City Market, King Soopers, and a num¬ber of other chains.

Weiser spoke with a crowd of some 50 to 60, answering questions and listening to their comments.

Kroger CEO Rodney McMullen has said the $25 billion merger between the nation’s two largest grocery chains could bring about lower prices because it would result in sav¬ings for the companies, according to report¬ing by Reuters.

But the crowd in Cortez seemed highly skeptical.

“If they say they would be able to offer lower prices because of economy of scale, I’m not buying that,” commented former Cortez Mayor Karen Sheek.

Kroger and Albertsons are the two largest U.S. operators of traditional grocery stores, according to reporting in the Philadelphia Business Journal. Kroger operates some 2,700 supermarkets and Albertsons operates more than 2,200. Together, the two companies employ more than 710,000 people.

However, they face tough competition from Walmart, Target, dollar stores, and oth¬er non-unionized places. Walmart is ranked No. 1 in grocery sales in the United States, according to Reuters.

The merger is being examined regarding whether it might violate antitrust laws.

Weiser noted that antitrust laws are his specialty and he has worked on many merg¬ers. “I don’t believe I will ever work on a merger that every person will have as strong views on as this one,” he said.

The deal is not set to close until the first quarter of next year, he said, “so we have ample time to get our facts and analysis, to decide whether this vio¬lates antitrust laws. If I believe it does, I can challenge this merger” under fed¬eral or state laws.

The Federal Trade Commis¬sion is also review¬ing the proposed merger.

“It’s possible that us and the feds will come to the same conclu¬sion,” Weiser said. “We could join the FTC lawsuit [if the agency decides to oppose the merg¬er], or bring our own lawsuit, or bring one even if the FTC is OK with the merger. We are in uncharted territory on that question. My hope is whatever situation I am in, the FTC will be in that same situation.”

Other states are also reviewing the merger he said, “so it is possible we wouldn’t be the only state that is concerned.”

Weiser said worries about the business deal have been raised about three types of impacts: to consumers; to workers at the stores; and to suppliers.

Consumers are troubled about the possibility of higher prices and fewer food choices.

Workers face the possibility of losing jobs and pensions. But some workers have also voiced concerns about the impacts to con¬sumers, Weiser said. They say store closures could harm older people who might not have transportation to go to more-distant outlets. They worry about the creation of “food deserts.”

A reduction in food choices could also be problematic.

“Someone in Longmont with a disability [who commented on the merger] needs spe¬cial foods, and one store has them,” Weiser said.

In addition, suppliers view the business deal as potentially harmful. “There are lots of small businesses who are suppliers who need shelf space,” Weiser said. A decrease in the number of stores would mean less shelf space.

At the Cortez gathering, many comments were made about the merger of Safeway and Albertsons in 2015 and what effects that had.

Weiser said the two companies had agreed to “spin off” stores, meaning they would sell some of their outlets to other grocers in order to ensure that competition was main¬tained. Weiser said that was a failure because many of the stores sold to other companies ended up failing.

“What did we learn from the 2015 merg¬er? We know that the remedy didn’t work. Some stores closed. Some of those stores are sitting empty today eight years later.”

Lance McDaniel of Cortez said empty buildings are a legitimate concern.

“In Cortez we have two vacant stores [a former Walmart and a Safeway] that stores have moved out of,” he said, saying this re¬sulted in urban blight.

Weiser agreed that’s a potential problem. “In Glenwood Springs I saw one store that closed after the Safeway-Albertsons merger. It’s still vacant. It’s still causing blight. That is not a formal antitrust argument, but I will be thinking about the practical consequences of this merger.”

Sheek asked how much research has been collected regarding communities where Safeway and Albertsons stores merged.

In 1975, she said, Cortez had both a Safeway and a City Market, but not then a Walmart. “Safeway left and it’s my under¬standing our City Market was then charging some of the highest prices in the state of Colorado,” she said.

Weiser said there were small cities that had Safeway, Albertsons and City Market stores before 2015. The Safeway-Albertsons merger resulted in a 3-to-2 store reduction in those locations.

“Look what happened in 2015. They did close stores, so I would assume this [merger] would as well. They might be able to spin them off to a rival, but would that present the same level of competition? Or could that be a failure and stores end up going bank¬rupt or being sold back?”

The state is gathering evidence and ana¬lyzing it at this point, he said.

“That evidence is critical,” he said. “We will be looking to the data under the differ¬ent circumstances to inform our judgment. We’re doing that work right now.”

He said he didn’t yet have any preliminary conclusions he could offer, but, “It ain’t over till it’s over.”

Mary Dodd, chair of the Montezuma County Democrats, said the impacts to grocery-store workers need to be seriously considered. She cited a recent report by the Economic Policy Institute that said the pro¬posed merger would likely have a major im¬pact on workers’ wages nationwide because it would lower their ability to negotiate for better wages.

The report said the merger would wind up reducing wages for grocery workers not only at stores owned by Kroger, but for all grocery workers in areas that were impacted by the merger.

The EPI report estimated that in the Los Angeles-Long Beach-Anaheim metropolitan area, the annual wage loss would amount to $51.4 million, the largest loss in the country, while in Phoenix-Mesa-Scottsdale, Ariz., es¬timated as the ninth-most-affected area, the loss would be approximately $13.9 million annually.

Weiser agreed that the impact on workers is a major issue. “Generally workers do bet¬ter when there is competition for their ser¬vices.”

Several people commented that the im¬pacts to metropolitan areas would be less dramatic than to rural areas. One woman from Mancos said, “It’s important to keep all of these stores here to shop at.”

Weiser said he’s heard from a number of people in rural areas who are troubled by the proposal and don’t believe they’ll have as many food choices, despite the presence of Walmart superstores. He said when he visit¬ed Gunnison, people told him their Walmart doesn’t have much in the way of fresh food or veggies.

Weiser said he lives with¬in a very short drive of both a King Soop¬ers and Safe¬way, as well as a Walmart, Target, and Trader Joes. “The merger is not likely to affect the prices I pay,” he said. “Gunnison and Cortez are a totally different situ¬ation.

“So, what if 20 percent of Colorado is looking at a bad result [from the merger]? I will fight for the 20 percent who are affected.”

He spoke of a merger proposed years ago between Dish and Direct TV. At that time, he said, the companies said 85 percent of Americans had access to cable, the satellite-TV companies had to compete against cable, and the merger would be better for the 85 percent.

But the Justice Department maintained that the merger would be bad for the re¬maining 15 percent of Americans because it would be a 2-to-1 merger for them.

“You can’t allow some to be harmed just because they are in the minority,” Weiser said.

(A note: The Dish-Direct TV merger may still eventually occur because both compa¬nies are now losing customers to streaming services.)

Asked what the CEOs of Albertsons and Kroger would say about concerns, Weiser replied, “The CEOs would claim, ‘I’ve got a fix for the harm. You need to say why my fix isn’t good enough.’

“The classic fix is spinning off the stores to another entity.” However, that “fix” didn’t work with the Safeway-Albertsons merger.

“I don’t think they have a leg to stand on,” he said. “Fool me once, shame on you. Fool me twice, shame on me.”

He said a “crown jewel provision” in a merger can provide some protection.

Such a provision “requires divestiture of a different package of assets from what a respondent was originally required to divest . . . if the respondent fails to divest the origi¬nal asset package on time or does so in a manner or condition that does not comply with the order,” according to the FTC’s website.

“If they don’t make the fix work as it’s sup¬posed to, they have to surren¬der some of the crown jewels,” Weiser explained.

Dan Wald¬vogle, director of the Rocky Mountain Farm¬ers Union, who was at the Cor¬tez meeting, raised worries about po-tential impacts to agricultural growers. He said Montezuma County is “an agricultural powerhouse” and many growers sell to the commodity market.

But ag is struggling now, he said, and an¬other factor is that, “We are just about the furthest from any interstate of any place in the country.”

“Please consider me an ally in ensuring this county maintains a viable agricultural sector,” Weiser said.

He urged people to register their concerns through his office’s website.

“If you have people who remember the last merger and it became harder for them as a supplier, you need to give that informa¬tion. Any points you have from past mergers or your fears about upcoming mergers, we need to hear.”

Weiser added, “Fewer competitors lead to worse outcomes, it’s fair to say. Workers are more likely to be paid less in a market with fewer entities.”

In a joking reference to the old TV show Lost in Space, he said, “There is a danger, Will Robinson.”

Published in June 2023

Could Dolores flood this year?: It’s theoretically possible, but officials say the chances are remote

This photo taken by drone shows a washout caused by flooding on Montezuma County Road P in March. The abundant precipitation this winter has raised some concerns about flooding, particularly in the Town of Dolores.

This photo taken by drone shows a washout caused by flooding on Montezuma County Road P in March. The abundant precipitation this winter has raised some concerns about flooding, particularly in the Town of Dolores.

“The river will break through above town and run down the highway and when it does my house is screwed.”

“When it gets above 6000 cfs [cubic feet per second] it breaks through about 5 miles upriver and goes over to the old channel by the hill and will flood the entire town.”

“I had to get flood insurance when I bought my house in 2017 even though I am on Hillside by the High School and it made no sense to me.”

“All the old-timers say they’ve never seen this much snow.”

“They changed the channel and the origi­nal river flowed over by the hill, so when it floods it will run back over there.”

“My sump pump is already running 24/7 and runoff hasn’t even started.”

These comments from Dolores residents were made in public locations around Dolo­res in February and March.

A map of the Town of Dolores in 1919, featured in Volume 6 of the Rio Grande Southern Story.

A map of the Town of Dolores in 1919, featured in Volume 6 of the Rio Grande Southern Story.

Past floods, in particular the notorious flood of 1911 – which did inundate the en­tire town of Dolores – are mentioned, along with speculations about how high the river will get during this year’s runoff, how much snow there really is, and whether there will be flooding in town.

As of press time near the end of March, not only was the Four Corners area expect­ing several more inches of snow, but areas in the county were experiencing issues due to high water runoff. County Road P was closed indefinitely on March 16 between Road 21 and 22 because of a huge pit caused by water.

“There was no sinkhole,” Sheriff Steve Nowlin told the Four Corners Free Press. “It was a washout. There’s a lot of water in that draw – it has washed out several times before.”

Highway 184 was closed on March 14 be­tween the junction with Highway 145 near Dolores at Hilltop and the junction with U.S. 491 near Lewis. Water was running over the roadway, so the Colorado Department of Transportation closed it to commercial vehi­cles, with only local residential traffic allowed.

Plenty of rivulets and normally dry ditch­es in the county were running high and even flooding fields. Lost Creek was flowing dou­ble its median level for the end of March, as was Mud Creek, according to USGS data.

On March 19, the Dolores River reached 150 cfs in town, also twice the median flow based on records starting in 1896, according to USGS streamflow data. On March 25 the gauge was iced over.

McElmo Creek was flowing at 710 cfs at the Colorado-Utah state line and 408 cfs above Trail Canyon. The Mancos River had a flow of 265 cfs.

These flows are all above average for the date, demonstrating that melting has begun in the lower elevations, while the upper ba­sins which feed the Dolores remain frozen.

Piles of snow

There are legitimate reasons for concern. Not in Cortez, which doesn’t sit on a river, and so far not in Mancos. However, there are some worries about possible flooding of McElmo Creek, which runs east and west through the county. The main fears, however, center on the Town of Dolores.

Locals say they can’t remember seeing so much snow piled in the Town of Dolores before this winter. Photo by Janneli F. Miller

Locals say they can’t remember seeing so much snow piled in the Town of Dolores before this winter. Photo by Janneli F. Miller

Deanna and Val Truelsen, longtime Dolo­res residents, told the Free Press they’ve never seen snow piled so high in town, and pre­cipitation and Sno-Tel data confirm that the winter 2022/23 season has been well above average. However, Deanna Truelsen said the Scotch Creek Sno-Tel is located right where snowplows pile snow, so she thinks it reads higher than it should.

River flows have been recorded by the USGS for decades, depending on the loca­tion.

USGS has recorded and graphed data for the Dolores River beginning in 1896 (see graph on Page 6). The high­est flow recorded was esti­mated by the USGS to be 10,000 cfs in 1911. Val Tru­elsen said back then they did not have any way to record the actual flow. Most locals say it was 11,000 cfs.

This 1911 flood event is widely known in Dolores, with residents aware that when the Dolores River floods, it has always been in the fall, not during spring runoff. This historic flood took place in early October 1911. Current worries about flooding stem from this event, with town and county residents sharing vague no­tions about how high the river needs to get to cause a flood. And where it used to flow.

In Volume 6 of the Rio Grande Southern Story, Russ Collman wrote, “After 3 months of intermittent heavy rain, early snowfall had soaked the mountain ranges surrounding Rico, and a great wall of water came down the Dolores River from the watershed on the south side of Lizard Head Pass.”

Additionally, the Silver Creek watershed released a “treacherous wall of water,” with disastrous results, including washing out the railroad section house at Rio Lado.

Dell McCoy, also writing in the Rio Grande Southern Story, Volume 6, noted that “every trestle or bridge below [the Gallagher Tres­tles in Rico] were either totally gone or had nothing but Colorado scenery visible at one end by the time high water had passed.” He wrote that during this flood the river had two channels between Kings Ranch and Rio Lado, a new bend in the river was formed at milepost 76.5 near the confluence of Sec­tion House Draw and the Dolores, and the high water also cut a new channel through an embankment.

According to an article in the Dolores Star on Oct. 6, 1911, “The heavy rains caused the river to raise very rapidly until Thursday eve­ning around 8 pm when it broke through the bed of the Rio Grande Southern near the CM Smith house in the east end of town. The water followed the course of an old river bed and part of the current flowed out through town.” Early maps show the Dolores River turn­ing north above what is now Eighth Street, where the CM Smith house was, passing by the current library and heading over towards the northern edge of the river valley at 11th Street, where the current high school is now located. This is upriver from town. The area was a swamp and slough beyond the eastern end of town (which ended at Ninth Street) where residents used to ice skate in the win­ter.

Callie Lofquist, a lifelong resident of Do­lores, emphasized that the Dolores River never ran up against the north side of the canyon when interviewed by Shirley Denni­son in 1989 for Our Past – The Portals to the Future, a two-volume oral history of Dolores published in 1994.

Don Akin and Andy Harris, lifelong resi­dents of Dolores and de­scendants of the town’s original founders, were interviewed by Dennison in 1992 for Our Past.

Akin said, “The river used to run around there, too [Ninth St.]. Made a big swing from the hill behind the school house [on North 16th St.] and came all around through there.” Harris said, “When they had the flood of 1911, that fixed the town. There’s still some low places I don’t know about now- but they could be there sittin’ on top of these beams in these stores – There’d be water all over the place.”

Harris continued, “In 1911 it was just rainin’ and then it couldn’t make that big bend and come right down Main Street. That was the big bend of the river up here [east of Ninth St.]. Dennison asked: “So the river ran across the north hillside and came down Central Avenue to Ninth Street? Did they re-channel it during that flood?” Akin replied “O yeah” and Harris explained, “That old river isn’t near as crooked as it used to be. All of us has done some river work on that river.”

As development moved up the valley be­yond 11th Street, this bend in the river was cut off and the slough was filled with tons of gravel. The Dolores High School is cur­rently located in this area, which explains why it is subject to flooding. It flooded in 2019 when the Dolores River reached a high-water level just over 5,000 cfs. This also explains why the resident on Hillside had to buy flood insurance, since the area up against the northern hill above 11th Street used to be the slough.

This USGS graph shows flows of the Dolores River over the years. Source: U.S. Geological Survey

This USGS graph shows flows of the Dolores River over the years. Source: U.S. Geological Survey

This area, as well as most of the current town of Dolores, is designated by FEMA as a “Special Flood Hazard Area” without base flood elevation. Mancos has a small area by the river designated a flood hazard area, but the City of Cortez doesn’t have any flood hazard areas.

The 1911 flood ran through Dolores at a depth of 1-3 feet, with the Dolores Star re­porting that a small house floated out into the middle of the street, the south side of the Fourth Street bridge was taken out, and “Lost Cañon Creek was the highest known for years and flowed over the county bridge.”

Houses on the west end of town in what is now Joe Rowell Park were photographed surrounded by water.

Callie Lofquist told Dennison in Our Past, “I remember that the water was so deep across there [Main Street] and there was a man on horseback and he picked us up one by one and took us through the water to the hillside so we could climb the hill. We went up on the hill, where the water tank is now.”

Sonora Porter, who was 8 at the time, wrote in Our Past that “The Dolores River was raging along out of course and out of banks. People were excited about the woman living in a floored tent that was swept down­river, to be rescued as safe as if she was rid­ing a raft. Homes and fields were somewhere beneath the swirling mass of debris. Trees, whole sides of buildings, part of hay stack and what looked like a dead cow went by.”

Nowlin told the Free Press, “The river was moved. It was up against the hillside. That’s why the water tables underground are so high. We also have water that comes down in every draw, all the way above Rico – Scotch Creek, Barlow Creek, Roaring Fork – all of those will feed into the Dolores.”

A changing channel

But could the 1911 flood be repeated? Not likely, officials say.

“It just depends upon what kind of spring warm-up we have, but I do not foresee any flash flooding at all,” Nowlin continued. “The biggest thing is that we don’t know. We have to wait and see what spring brings.”

Jim Spratlen, Montezuma County Emer­gency Manager, said, “If you look at the pattern of history, it happens every so many years and then it goes away. History repeats itself and that’s what we’re doing now.”

In the 112 years since 1911, there have been a number of high-water years – in par­ticular 1941 and 1949, 1920 and 1927, early 1950s, 1960, 1980 and 1981.

The most recent high-water years were 2008, when the Dolores got above 6,000 cfs, and 2019, when it ran to 5,000 cfs.

In 1911 the river washed out 43 railroad bridges, causing the Rio Grande Southern to quit running for several months. The 1920 high water was above 7,000 cfs and flooded in Bear Creek, and the 1941 highwater of 8,000 cfs flooded some areas near Joe Row­ell Park in Dolores, but since then no high water has flooded the town.

Snow Water Equivalent levels in the State of Colorado in March.

Snow Water Equivalent levels in the State of Colorado in March.

The Dolores River has not gone over 11,000 cfs since 1911. It has only risen above 8,000 cfs twice, and over 6, 000 cfs six times.

Spratlen said that “based on historical data to 1921, the Dolores River has technically never flowed over its banks.”

There are several reasons for this. First, when the river does run at high water it cuts new channels on its own, as it has been do­ing forever. Nature is an excellent modulator of river flow.

Dolores residents, local ranchers, Rio Grande Southern employees, highway of­ficials and landowners up and down the Dolores River Valley have all observed and sometimes recorded changes in the river channel. Most of the time these changes do not interfere with human activities.

But sometimes they do, and the second reason a repeat of the 1911 flood is unlikely is because humans have been intervening in the Dolores River flow at least as long as the Rio Grande Southern began operations in 1891.

The April 28, 1906, issue of the Dolores Star reported, “The Rio Grande Southern has a gang of men at work changing the course of the Dolores River about a mile above town. This will throw the current against the south hill and away from the railroad which will greatly lessen the danger of the water breaking through the road and flooding the town.”

Spratlen said, “When the river is up at 7,000 cfs it has so much velocity we may find some areas in the bank that need attention.”

Val Truelsen said, “High flows mean more velocity and when a significant volume of water hits a bend with a high velocity, the bank can be eroded and the river can form new channels.” He said that since the high water of 1949 there has been a lot of work done to stabilize the banks. “I think there’s been over a hundred tons of riprap put along that river since the 1940s,” he said.

Montezuma County had a project install­ing riprap, shoring up the banks with rocks and trees. Truelsen said cottonwoods were no good for this purpose since they rot eas­ily. Metal doesn’t rot, so in the 1940s old cars were put in along the riverbank to prevent erosion and overflow. These cars can be seen along the river in Riverside Park in Dolores, at the Dolores River State Wildlife Area and American Legion Park above Dolores, as well as at other spots upriver from town.

Ken Curtis, general manager of the Dolo­res River Water Conservancy District, told the Free Press that the Bureau of Reclamation built up the riverbanks in Dolores when McPhee Dam was constructed and built the berms that make up the river trail. Construction of the dam lasted from 1980 to 1986. The res­ervoir pool does fill up to the Fourth Street bridge in Dolores at high lake elevations.

“The highway [145] should be OK,” Nowlin said. “The river has been shored up by the Corps of Engineers.” He said this work is continuous, with CDOT upgrading worrisome spots regularly.

Truelsen also doesn’t think there will be much flooding in Dolores. “There’s more riprap now and the river channel is straight­ened.” He has spent countless hours shoring up the riverbank. Often landowners with riv­erfront property will use heavy equipment to dredge out spots or shore up embankments.

The fact that there is a lot of snow on the ground does not necessarily mean a high riv­er flow. Yes, all that water has to come down­stream, but it also melts into the ground and evaporates. A continuous warm spell, with sustained temperatures above freezing in the higher elevations, will cause a rapid melt-off. However, if there are intermittent warm spells along with continued bouts of freez­ing, the runoff will be slower and steadier, less likely to cause floods.

“It’s basic hydrology,” Spratlen told the Free Press. “We’re going to get a runoff, and a lot of rain,” mentioning that his department is in touch with weather experts. “We get a detailed spot check from National Weather Service. They call and alert me if there’s any significant weather we need to be aware of, and we get daily reports.”

But runoff is unpredictable. One situation officials all said could be troublesome is if warm rain falls on the snowpack. At the end of March the region was experiencing a cold spell, slowing the melting.

Debris flow

Nowlin and Spratlen both mentioned debris as a factor in flooding. Nowlin said, “There may be some isolated flooding de­pending upon any debris that happens to stop the flows of the rivers and creeks. If debris happens to hang up on a bridge it ac­tually brings more pressure.”

Spratlen agreed. “We have various areas that we’ve been watching – all waterways, watersheds, creeks, rivers, and other areas where the heavy rain brought water into small areas. We’re monitoring all of these. We’re unclogging culverts, and we do debris management, removing debris from road­ways and from rivers.”

June 28, 1949, was a good example of the dangers of debris, as reported in the Rio Grande Southern Story, Vol. 6. A large tree came down the Dolores River, butt first, riding a six to eight foot wall of water which pushed it ahead like a battering ram. The sharp bend of the river, in the back­ground, marked the confluence of Roaring Fork Creek with the Dolores River. The big tree floated around this bend and smashed though the tower end of bridge 75-A.”

Truelsen said he saw this happen as a boy. “Usually a tree will drag the butt end last, but this one came butt first and all the branches were splayed out, gathering more debris. That was a sight to see.” He said there are not any big trees like that left upriver, so this probably will not happen again.

Spratlen said the trouble now is mainly rocks. “Our terrain has got enough vegeta­tion so we’re not worried about mudslides like Durango might have since the 416 fire. Waterways might get blocked with debris, so if any rock debris comes loose we have to be careful.”

While it might seem unlikely that a flood like 1911 could recur, local officials are busy preparing for the off chance of flooding.

Dolores Town Manager Ken Charles told the Free Press, “We’re cleaning out culverts, under the highway and in our underground drainage system. We’re digging snow off the drop inlets, the drainage grates at the surface level on town streets that help water eventu­ally make its way to the river. We are working with the county to clear culverts east of town coming from Boggy Draw, and just today we called CDOT about a couple of culverts just east of town limits to get them cleared.”

Nowlin said he does his best to be aware of the current state of county waterways and other areas that might flood. “I’ll fly the Dolores and that will help us see if there is any debris. I do this every year.”

Another aspect of safety preparations in­volves rafting on the Upper Dolores. Nowl­in said, “The public bridges are OK, and should be fine in high water. The problem is the private property bridges; those are the ones that can have problems.” He said part of the reason he flies the Dolores during runoff is to make sure there are no string­ers or debris caught on bridges, which could not only impact flooding, but cause harm to recreational boaters.

Spratlen said, “Our biggest problem is rafters and kayaks that can’t duck under the bridges.” He said swiftwater rescue is an is­sue, and part of the county emergency re­sponse team includes personnel with swift­water rescue training and experience.

Spratlen’s department is also busy observ­ing the area. “We have some trigger-point areas we’ve been looking at. Mainly all wa­tersheds throughout the county.”

He has crews out monitoring these spots daily. “We plan for the worst and hope for the best. We work with each municipality and neighboring counties. We have plans that we’ve had in the past: emergency re­sponse, alerts and warnings, emergency management, evacuation plans. You name it. We’ve got it. We’re refining it.”

His department meets regularly with town officials and emergency responders. “I have people out that are photographing, docu­menting all our areas and road grids that check all the culverts. Dispatch calls us if there are boulders or any other problems in the road. We monitor 911.”

Vicki Shaffer, the public information of­ficer for the county, works closely with Spratlen. She told the Free Press, “We are us­ing the Ready Set Go alert system. Right now we are in the Ready phase. Make a plan, pack up emergency essentials, gather up impor­tant papers and make a plan for what might happen if you need to evacuate. If we move to Set, that’s when people need to think about livestock, preparing their houses for potential damage and so on. The Go phase is the evacuation phase, where everyone needs to get out right away.”

Nowlin also emphasized preparation. “There’s no room for panic at all, there nev­er is. It just depends if there are going to be pre-evac notices, if there’s enough time. The notices will come out on radios and Nixle.”

Shaffer said people should sign up for Nix­le. The easiest way is to send a text with your zip code to 888777. You can also visit www.nixle.com and sign up for either text or email alerts. She noted that the internet and social media will have information too.

“We are posting on Facebook, on the Montezuma County Sheriff’s Office page, Montezuma County Emergency Manage­ment page, as well as the pages for Mancos and Dolores and the fire district pages.”

She said part of her job is correcting mis­information on Facebook. “There’s a few people who post incorrect information, and we’ve been able to reassure them with facts. For instance, some people are having water in their homes or basements. It’s the ground­water that’s seeping up, due to the high water table. That’s not flooding.”

This is currently happening in Dolores, since the town is built on a floodplain and many residences do have their basements filling and sump pumps running.

Dolores Town Manager Charles said Montezuma County has secured a sand-bag­ging machine, and sandbags are available for town residents or those living upriver to fill themselves. An information sheet is available on the Dolores town website, or for pick-up at Town Hall. Residents currently experienc­ing flooding issues can get empty sandbags at Town Hall during working hours, and sand to fill them at Joe Rowell Park. (Sand­bags are to protect homes, not outbuildings or riverbanks.)

Plan ahead

“There’s not a whole lot of a threat,” Spratlen said of current conditions. “As we get into April and May we will set up sign boards all over the towns if necessary. Ev­eryone is working together to see what re­sources are available.”

Nowlin added, “On the county website we are putting out safety instructions. The big­gest thing is to plan ahead. Have a plan for water and goods if your road is impassable. Make sure you have everything you need for several days. Don’t enter the water! There will be evacuations if we need to, but I don’t foresee any of that right now.”

Spratlen wants the public to know that county officials and agencies are protecting the people. “We’re all for the public, and we know what we’re doing. We’ve got a really well-oiled machine and it’s working well and everyone communicates, everybody gets along. We’ve been doing it for years. We train constantly. We’ve got a really good emergen­cy response team.”

Nowlin stated, “It will be OK.”

Published in April 2023 Tagged

Could Dolores flood this year?

It’s theoretically possible, but officials say the chances are remote

 

By Janneli F. Miller

©Four Corners Free Press

“The river will break through above town and run down the highway and when it does my house is screwed.”

“When it gets above 6000 cfs [cubic feet per second] it breaks through about 5 miles upriver and goes over to the old channel by the hill and will flood the entire town.”

“I had to get flood insurance when I bought my house in 2017 even though I am on Hillside by the High School and it made no sense to me.”

“All the old-timers say they’ve never seen this much snow.”

“They changed the channel and the original river flowed over by the hill, so when it floods it will run back over there.”

“My sump pump is already running 24/7 and runoff hasn’t even started.”

These comments from Dolores residents were made in public locations around Dolores in February and March.

Past floods, in particular the notorious flood of 1911 – which did inundate the entire town of Dolores – are mentioned, along with speculations about how high the river will get during this year’s runoff, how much snow there really is, and whether there will be flooding in town.

As of press time near the end of March, not only was the Four Corners area expecting several more inches of snow, but areas in the county were experiencing issues due to high water runoff. County Road P was closed indefinitely on March 16 between Road 21 and 22 because of a huge pit caused by water.

“There was no sinkhole,” Sheriff Steve Nowlin told the Four Corners Free Press. “It was a washout. There’s a lot of water in that draw – it has washed out several times before.”

Highway 184 was closed on March 14 between the junction with Highway 145 near Dolores at Hilltop and the junction with U.S. 491 near Lewis. Water was running over the roadway, so the Colorado Department of Transportation closed it to commercial vehicles, with only local residential traffic allowed.

Plenty of rivulets and normally dry ditches in the county were running high and even flooding fields. Lost Creek was flowing double its median level for the end of March, as was Mud Creek, according to USGS data.

On March 19, the Dolores River reached 150 cfs in town, also twice the median flow based on records starting in 1896, according to USGS streamflow data. On March 25 the gauge was iced over.

McElmo Creek was flowing at 710 cfs at the Colorado-Utah state line and 408 cfs above Trail Canyon. The Mancos River had a flow of 265 cfs.

These flows are all above average for the date, demonstrating that melting has begun in the lower elevations, while the upper basins which feed the Dolores remain frozen.

 

Piles of snow

There are legitimate reasons for concern. Not in Cortez, which doesn’t sit on a river, and so far not in Mancos. However, there are some worries about possible flooding of McElmo Creek, which runs east and west through the county.

The main fears, however, center on the Town of Dolores.

Deanna and Val Truelsen, longtime Dolores residents, told the Free Press they’ve never seen snow piled so high in town, and precipitation and Sno-Tel data confirm that the winter 2022/23 season has been well above average. However, Deanna Truelsen said the Scotch Creek Sno-Tel is located right where snowplows pile snow, so she thinks it reads higher than it should.

River flows have been recorded by the USGS for decades, depending on the location.

USGS has recorded and graphed data for the Dolores River beginning in 1896 (see graph on Page 6). The highest flow recorded was estimated by the USGS to be 10,000 cfs in 1911. Val Truelsen said back then they did not have any way to record the actual flow. Most locals say it was 11,000 cfs.

This 1911 flood event is widely known in Dolores, with residents aware that when the Dolores River floods, it has always been in the fall, not during spring runoff. This historic flood took place in early October 1911. Current worries about flooding stem from this event, with town and county residents sharing vague notions about how high the river needs to get to cause a flood. And where it used to flow.

In Volume 6 of the Rio Grande Southern Story, Russ Collman wrote, “After 3 months of intermittent heavy rain, early snowfall had soaked the mountain ranges surrounding Rico, and a great wall of water came down the Dolores River from the watershed on the south side of Lizard Head Pass.”

Additionally, the Silver Creek watershed released a “treacherous wall of water,” with disastrous results, including washing out the railroad section house at Rio Lado.

Dell McCoy, also writing in the Rio Grande Southern Story, Volume 6, noted that “every trestle or bridge below [the Gallagher Trestles in Rico] were either totally gone or had nothing but Colorado scenery visible at one end by the time high water had passed.” He wrote that during this flood the river had two channels between Kings Ranch and Rio Lado, a new bend in the river was formed at milepost 76.5 near the confluence of Section House Draw and the Dolores, and the high water also cut a new channel through an embankment.

According to an article in the Dolores Star on Oct. 6, 1911, “The heavy rains caused the river to raise very rapidly until Thursday evening around 8 pm when it broke through the bed of the Rio Grande Southern near the CM Smith house in the east end of town. The water followed the course of an old river bed and part of the current flowed out through town.”

Early maps show the Dolores River turning north above what is now Eighth Street, where the CM Smith house was, passing by the current library and heading over towards the northern edge of the river valley at 11th Street, where the current high school is now located. This is upriver from town. The area was a swamp and slough beyond the eastern end of town (which ended at Ninth Street) where residents used to ice skate in the winter.

Callie Lofquist, a lifelong resident of Dolores, emphasized that the Dolores River never ran up against the north side of the canyon when interviewed by Shirley Dennison in 1989 for Our Past – The Portals to the Future, a two-volume oral history of Dolores published in 1994.

Don Akin and Andy Harris, lifelong residents of Dolores and descendants of the town’s original founders, were interviewed by Dennison in 1992 for Our Past.

Akin said, “The river used to run around there, too [Ninth St.]. Made a big swing from the hill behind the school house [on North 16th St.] and came all around through there.” Harris said, “When they had the flood of 1911, that fixed the town. There’s still some low places I don’t know about now- but they could be there sittin’ on top of these beams in these stores – There’d be water all over the place.”

Harris continued, “In 1911 it was just rainin’ and then it couldn’t make that big bend and come right down Main Street. That was the big bend of the river up here [east of Ninth St.]. Dennison asked: “So the river ran across the north hillside and came down Central Avenue to Ninth Street? Did they re-channel it during that flood?” Akin replied “O yeah” and Harris explained, “That old river isn’t near as crooked as it used to be. All of us has done some river work on that river.”

As development moved up the valley beyond 11th Street, this bend in the river was cut off and the slough was filled with tons of gravel. The Dolores High School is currently located in this area, which explains why it is subject to flooding. It flooded in 2019 when the Dolores River reached a high-water level just over 5,000 cfs. This also explains why the resident on Hillside had to buy flood insurance, since the area up against the northern hill above 11th Street used to be the slough.

This area, as well as most of the current town of Dolores, is designated by FEMA as a “Special Flood Hazard Area” without base flood elevation. Mancos has a small area by the river designated a flood hazard area, but the City of Cortez doesn’t have any flood hazard areas.

The 1911 flood ran through Dolores at a depth of 1-3 feet, with the Dolores Star reporting that a small house floated out into the middle of the street, the south side of the Fourth Street bridge was taken out, and “Lost Cañon Creek was the highest known for years and flowed over the county bridge.”

Houses on the west end of town in what is now Joe Rowell Park were photographed surrounded by water.

Callie Lofquist told Dennison in Our Past, “I remember that the water was so deep across there [Main Street] and there was a man on horseback and he picked us up one by one and took us through the water to the hillside so we could climb the hill. We went up on the hill, where the water tank is now.”

Sonora Porter, who was 8 at the time, wrote in Our Past that “The Dolores River was raging along out of course and out of banks. People were excited about the woman living in a floored tent that was swept downriver, to be rescued as safe as if she was riding a raft. Homes and fields were somewhere beneath the swirling mass of debris. Trees, whole sides of buildings, part of hay stack and what looked like a dead cow went by.”

Nowlin told the Free Press, “The river was moved. It was up against the hillside. That’s why the water tables underground are so high. We also have water that comes down in every draw, all the way above Rico – Scotch Creek, Barlow Creek, Roaring Fork – all of those will feed into the Dolores.”

 

A changing channel

But could the 1911 flood be repeated? Not likely, officials say.

“It just depends upon what kind of spring warm-up we have, but I do not foresee any flash flooding at all,” Nowlin continued. “The biggest thing is that we don’t know. We have to wait and see what spring brings.”

Jim Spratlen, Montezuma County Emergency Manager, said, “If you look at the pattern of history, it happens every so many years and then it goes away. History repeats itself and that’s what we’re doing now.”

In the 112 years since 1911, there have been a number of high-water years – in particular 1941 and 1949, 1920 and 1927, early 1950s, 1960, 1980 and 1981.

The most recent high-water years were 2008, when the Dolores got above 6,000 cfs, and 2019, when it ran to 5,000 cfs.

In 1911 the river washed out 43 railroad bridges, causing the Rio Grande Southern to quit running for several months. The 1920 high water was above 7,000 cfs and flooded in Bear Creek, and the 1941 highwater of 8,000 cfs flooded some areas near Joe Rowell Park in Dolores, but since then no high water has flooded the town.

The Dolores River has not gone over 11,000 cfs since 1911. It has only risen above 8,000 cfs twice, and over 6, 000 cfs six times.

Spratlen said that “based on historical data to 1921, the Dolores River has technically never flowed over its banks.”

There are several reasons for this. First, when the river does run at high water it cuts new channels on its own, as it has been doing forever. Nature is an excellent modulator of river flow.

Dolores residents, local ranchers, Rio Grande Southern employees, highway officials and landowners up and down the Dolores River Valley have all observed and sometimes recorded changes in the river channel. Most of the time these changes do not interfere with human activities.

But sometimes they do, and the second reason a repeat of the 1911 flood is unlikely is because humans have been intervening in the Dolores River flow at least as long as the Rio Grande Southern began operations in 1891.

The April 28, 1906, issue of the Dolores Star reported, “The Rio Grande Southern has a gang of men at work changing the course of the Dolores River about a mile above town. This will throw the current against the south hill and away from the railroad which will greatly lessen the danger of the water breaking through the road and flooding the town.”

Spratlen said, “When the river is up at 7,000 cfs it has so much velocity we may find some areas in the bank that need attention.”

Val Truelsen said, “High flows mean more velocity and when a significant volume of water hits a bend with a high velocity, the bank can be eroded and the river can form new channels.” He said that since the high water of 1949 there has been a lot of work done to stabilize the banks. “I think there’s been over a hundred tons of riprap put along that river since the 1940s,” he said.

Montezuma County had a project installing riprap, shoring up the banks with rocks and trees. Truelsen said cottonwoods were no good for this purpose since they rot easily. Metal doesn’t rot, so in the 1940s old cars were put in along the riverbank to prevent erosion and overflow. These cars can be seen along the river in Riverside Park in Dolores, at the Dolores River State Wildlife Area and American Legion Park above Dolores, as well as at other spots upriver from town.

Ken Curtis, general manager of the Dolores River Water Conservancy District, told the Free Press that the Bureau of Reclamation built up the riverbanks in Dolores when McPhee Dam was constructed and built the berms that make up the river trail. Construction of the dam lasted from 1980 to 1986. The reservoir pool does fill up to the Fourth Street bridge in Dolores at high lake elevations.

“The highway [145] should be OK,” Nowlin said. “The river has been shored up by the Corps of Engineers.” He said this work is continuous, with CDOT upgrading worrisome spots regularly.

Truelsen also doesn’t think there will be much flooding in Dolores. “There’s more riprap now and the river channel is straightened.” He has spent countless hours shoring up the riverbank. Often landowners with riverfront property will use heavy equipment to dredge out spots or shore up embankments.

The fact that there is a lot of snow on the ground does not necessarily mean a high river flow. Yes, all that water has to come downstream, but it also melts into the ground and evaporates. A continuous warm spell, with sustained temperatures above freezing in the higher elevations, will cause a rapid melt-off. However, if there are intermittent warm spells along with continued bouts of freezing, the runoff will be slower and steadier, less likely to cause floods.

“It’s basic hydrology,” Spratlen told the Free Press. “We’re going to get a runoff, and a lot of rain,” mentioning that his department is in touch with weather experts. “We get a detailed spot check from National Weather Service. They call and alert me if there’s any significant weather we need to be aware of, and we get daily reports.”

But runoff is unpredictable. One situation officials all said could be troublesome is if warm rain falls on the snowpack. At the end of March the region was experiencing a cold spell, slowing the melting.

 

Debris flow

Nowlin and Spratlen both mentioned debris as a factor in flooding. Nowlin said, “There may be some isolated flooding depending upon any debris that happens to stop the flows of the rivers and creeks. If debris happens to hang up on a bridge it actually brings more pressure.”

Spratlen agreed. “We have various areas that we’ve been watching – all waterways, watersheds, creeks, rivers, and other areas where the heavy rain brought water into small areas. We’re monitoring all of these. We’re unclogging culverts, and we do debris management, removing debris from roadways and from rivers.”

June 28, 1949, was a good example of the dangers of debris, as reported in the Rio Grande Southern Story, Vol. 6. A large tree came down the Dolores River, butt first, riding a six to eight foot wall of water which pushed it ahead like a battering ram. The sharp bend of the river, in the background, marked the confluence of Roaring Fork Creek with the Dolores River. The big tree floated around this bend and smashed though the tower end of bridge 75-A.”

Truelsen said he saw this happen as a boy. “Usually a tree will drag the butt end last, but this one came butt first and all the branches were splayed out, gathering more debris. That was a sight to see.” He said there are not any big trees like that left upriver, so this probably will not happen again.

Spratlen said the trouble now is mainly rocks. “Our terrain has got enough vegetation so we’re not worried about mudslides like Durango might have since the 416 fire. Waterways might get blocked with debris, so if any rock debris comes loose we have to be careful.”

While it might seem unlikely that a flood like 1911 could recur, local officials are busy preparing for the off chance of flooding.

Dolores Town Manager Ken Charles told the Free Press, “We’re cleaning out culverts, under the highway and in our underground drainage system. We’re digging snow off the drop inlets, the drainage grates at the surface level on town streets that help water eventually make its way to the river. We are working with the county to clear culverts east of town coming from Boggy Draw, and just today we called CDOT about a couple of culverts just east of town limits to get them cleared.”

Nowlin said he does his best to be aware of the current state of county waterways and other areas that might flood. “I’ll fly the Dolores and that will help us see if there is any debris. I do this every year.”

Another aspect of safety preparations involves rafting on the Upper Dolores. Nowlin said, “The public bridges are OK, and should be fine in high water. The problem is the private property bridges; those are the ones that can have problems.” He said part of the reason he flies the Dolores during runoff is to make sure there are no stringers or debris caught on bridges, which could not only impact flooding, but cause harm to recreational boaters.

Spratlen said, “Our biggest problem is rafters and kayaks that can’t duck under the bridges.” He said swiftwater rescue is an issue, and part of the county emergency response team includes personnel with swiftwater rescue training and experience.

Spratlen’s department is also busy observing the area. “We have some trigger-point areas we’ve been looking at. Mainly all watersheds throughout the county.”

He has crews out monitoring these spots daily. “We plan for the worst and hope for the best. We work with each municipality and neighboring counties. We have plans that we’ve had in the past: emergency response, alerts and warnings, emergency management, evacuation plans. You name it. We’ve got it. We’re refining it.”

His department meets regularly with town officials and emergency responders. “I have people out that are photographing, documenting all our areas and road grids that check all the culverts. Dispatch calls us if there are boulders or any other problems in the road. We monitor 911.”

Vicki Shaffer, the public information officer for the county, works closely with Spratlen. She told the Free Press, “We are using the Ready Set Go alert system. Right now we are in the Ready phase. Make a plan, pack up emergency essentials, gather up important papers and make a plan for what might happen if you need to evacuate. If we move to Set, that’s when people need to think about livestock, preparing their houses for potential damage and so on. The Go phase is the evacuation phase, where everyone needs to get out right away.”

Nowlin also emphasized preparation. “There’s no room for panic at all, there never is. It just depends if there are going to be pre-evac notices, if there’s enough time. The notices will come out on radios and Nixle.”

Shaffer said people should sign up for Nixle. The easiest way is to send a text with your zip code to 888777. You can also visit www.nixle.com and sign up for either text or email alerts. She noted that the internet and social media will have information too.

“We are posting on Facebook, on the Montezuma County Sheriff’s Office page, Montezuma County Emergency Management page, as well as the pages for Mancos and Dolores and the fire district pages.”

She said part of her job is correcting misinformation on Facebook. “There’s a few people who post incorrect information, and we’ve been able to reassure them with facts. For instance, some people are having water in their homes or basements. It’s the groundwater that’s seeping up, due to the high water table. That’s not flooding.”

This is currently happening in Dolores, since the town is built on a floodplain and many residences do have their basements filling and sump pumps running.

Dolores Town Manager Charles said Montezuma County has secured a sand-bagging machine, and sandbags are available for town residents or those living upriver to fill themselves. An information sheet is available on the Dolores town website, or for pick-up at Town Hall. Residents currently experiencing flooding issues can get empty sandbags at Town Hall during working hours, and sand to fill them at Joe Rowell Park. (Sandbags are to protect homes, not outbuildings or riverbanks.)

 

Plan ahead

“There’s not a whole lot of a threat,” Spratlen said of current conditions. “As we get into April and May we will set up sign boards all over the towns if necessary. Everyone is working together to see what resources are available.”

Nowlin added, “On the county website we are putting out safety instructions. The biggest thing is to plan ahead. Have a plan for water and goods if your road is impassable. Make sure you have everything you need for several days. Don’t enter the water! There will be evacuations if we need to, but I don’t foresee any of that right now.”

Spratlen wants the public to know that county officials and agencies are protecting the people. “We’re all for the public, and we know what we’re doing. We’ve got a really well-oiled machine and it’s working well and everyone communicates, everybody gets along. We’ve been doing it for years. We train constantly. We’ve got a really good emergency response team.”

Nowlin stated, “It will be OK.”

Published in Breaking News

Inside baseball

Prose & Cons

By Chuck Greaves

January, 2023

Frank Ryder is a professional baseball pitcher with a fastball that’s virtually unhittable. We’re talking upwards of 110 mph, and delivered with pinpoint accuracy. Ordinarily, that would be a good thing, both for Frank and for his team, the Baltimore Orioles. And it’s more than good, in the sense that Frank is the most dominant pitcher in the history of Major League Baseball, and the perpetually-underdog Orioles are, thanks to Frank’s golden arm, in the hunt for the American League title.

But be careful what you wish for, Mancos author (and fellow Prose & Cons columnist) Mark Stevens warns us, because success of this magnitude comes at a price, both for Frank and for the sport he so dearly loves.

The internal and external conflicts attendant to Frank’s extraordinary talents are the twin rails on which The Fireballer, Stevens’ exceptional sixth novel, hurtles beyond the trite conventions of the sports-novel genre (Will the Orioles claim the title? Will Frank get the big win?) and emerges as a compelling work of literary fiction.

Externally, Frank’s talents pose an existential threat to the game. Or so say the owners of every MLB franchise that’s not the Orioles. In this, his first Major League season, Frank is a freakish curiosity to which even casual fans are flocking, selling out every game in which he pitches. But for how long will those fans keep buying tickets, not to mention beer and hot dogs, to watch hitless baseball, their hometown sluggers rendered hopelessly impotent? Why go to the ballpark, in other words, just to watch a guy strike out your side, inning after inning?

In this, the aggrieved owners have the ear of baseball’s commissioner, and its Rules Committee, which are poised to impose a speed limit on Frank Ryder’s fastball. Anything over 105, say, is a ball, even in the strike zone. Or maybe they could lower the mound again. Or else move it back, beyond its traditional 60 feet, 6 inches? These are the currents against which Frank must swim every time he takes the mound, not to mention in every post-game interview or SportsCenter pundits’ debate.

Internally, meanwhile, there are ghosts – and one ghost in particular – with which Frank still grapples, thanks to a Little League incident in which one of his nascent fastballs fatally beaned an opposing batter. This tragedy prompted Frank’s parents to uproot their family from Georgia and relocate to Colorado where Frank, only late in high school, was finally allowed to resume playing the game he loves.

These internal and external conflicts soon intersect when an opposing pitcher’s fastball shatters the wrist of Orioles slugger Julio Diaz, and Frank, in a time-honored baseball tradition, is called upon to retaliate. He refuses, given his lethal past, until a rare wild pitch achieves the same result, nearly killing another batter and earning Frank a mid-season suspension. His confidence shaken, Frank uses the break to embark on an odyssey of sorts, back to his roots and, ultimately, to the tragedy that, unbeknownst to his adoring public, has haunted Frank Ryder’s every waking adult moment.

Ancillary to the main story, The Fireballer provides readers with an inside look at life in the big leagues, from clubhouse camaraderie to the temptations of fame to the pressures of the national media spotlight. Stevens, a former reporter, clearly knows the sports journalism beat and he suffuses his novel with the sights and sounds, the lingo and storied legacy of our national pastime.

You don’t need to follow, or even to like, Major League baseball in order to enjoy The Fireballer ($16.99, from Lake Union Publishing.) An appreciation of fully-realized characters, compelling conflict, and confident storytelling will suffice. But congratulations if you do love the game, because Mark Stevens has penned one of the better novels in this uniquely American canon.

Chuck Greaves is the award-winning author of seven novels, most recently The Chimera Club. You can visit him at www.chuckgreaves.com.

Published in Prose and Cons

Hello, darkness

Sometimes it comes on me like a wave. Sometimes it’s more like a tide creeping in, moving so slowly it’s imperceptible. Surely not, I think. Surely I’m mistaken. And then, a little later, it’s up past my knees and I am surrounded, just hoping I’m not about to drown.

I’ve had episodes of depression throughout my life, some brief, some lasting months and months. Sometimes they’re triggered by events, sometimes they just seem to happen. I’m fortunate because they are so episodic. Years may go by between them, during which time I do my best to live in the present and not worry about the return of my old friend – a return as inevitable as the tides.

Even as a small girl, I experienced occasional feelings I can only describe as extreme bleakness, when the universe would seem cold and meaningless, and the only comfort I could find was in the presence of my mother, whose kindness and love shone like a lighthouse beacon over the dark ocean.

People who never get seriously depressed may have difficulty understanding what it means. It may sound self-indulgent, weak-willed. I’m so depressed, I just can’t cope with the world.

I am not an expert on anyone’s depression except my own. But I’ll share my experiences for what they are worth.

I have never attempted suicide, but I can understand why people do. Some folks say anyone who commits suicide is selfish, because of the pain they leave behind for their bereaved family and loved ones. But you may not understand how awful clinical depression can be.

Many of us have no difficulty accepting the idea that someone who is in unremitting physical pain should have the right to end their suffering. Well, psychic pain can also be unbearable.

Imagine that everywhere you went, or every time you even thought about doing something, you dragged behind you a ball-and-chain labeled, “What’s the point? Who cares?” That’s been my experience.

When the thoughts in your own mind become your enemy, the sensation can be unbearable, because this is an enemy you can’t escape from. So what do you do?

During my spells, I sought therapy a few times, and was not helped. I read philosophers; I read the Bible. Nothing really resonated. Nothing worked but time. After a period of weeks or months, the gloom would recede and I would move on.

A year in my teens, a year in my twenties, a year and a half in my thirties. I’m sure I seemed normal on the surface, but inside my mind were gloomy, obsessive thoughts.

Then, after a long stretch of years without a single visitation, I was confronted with the unexpected death of my mother. Suddenly the water was over my head, and all I could do was break the surface now and then to gasp for air.

Depressed people are constantly told to “tell someone,” but that isn’t the simple solution one might hope. When I shyly broached the subject of grief or depression with acquaintances, many felt compelled to foist on me their spiritual views – or their absence of spiritual views. Truly, there is nothing worse than listening to someone preach about their particular religion when one is depressed – unless it’s listening to an atheist proclaim that nothing is out there, nothing at all.

Often, the people closest to you are not really able to help, either. It’s difficult for them because they absolutely do not want to believe that even though they are giving you their love, it isn’t enough and you remain seriously ill.

What can you do, if you know someone who is suffering? The one suggestion I have, beyond urging them to seek professional help, is listen. Just listen. Don’t tell the person to cheer up, to fight it, to snap out of it. Don’t offer easy answers. Don’t preach. Offer caring and hope, and leave the dogma for another time.

And if you yourself are suffering, talk to people until you find someone who hears you. Get help, but don’t expect to be instantly cured. All you are trying to do is to gain the strength to endure a little longer, until things really do get better. Which they definitely can. (If you’re suicidal, call 988.)

There are no magic solutions, but there are definite possibilities for help. Pharmaceuticals work for many people (not everyone). Counseling is the answer for some folks, faith for others. Support groups can be a tremendous comfort.

And remember, you don’t always have to be cheery. Depression does not represent a defect or a failure on your part. Some of the most brilliant, creative people in history – authors, artists, musicians – were seriously depressed. It’s all right to embrace the darkness occasionally. The world is a cruel place and only a fool would be perennially blissful when confronting the horrors that exist in our reality.

So, fellow depression sufferers, I salute you. For continuing the fight, for still walking the path, for seeking meaning and goodness. Those things aren’t everywhere, but they will pop out at you from unexpected places.

Animals, nature, exercise, music, classic books with happy endings, and people who listened. That’s where I found my moments of joy in my darkest times.

And love. Try spreading it, not just expecting it.

For, as some British guys once said, in the end the love you take is equal to the love you make.

Gail Binkly is editor of the Four Corners Free Press.

Published in Gail Binkly

Greaves slices and dices L.A. in The Chimera Club

by Scott Graham

Breezy and fun, and as sharp as the switchblade that does the killing in The Chimera Club, local author and regular Prose & Cons contributor Chuck Greaves’ fourth Jack MacTaggert mystery offers readers a knowing romp through the murderous heart of Los Angeles, Greaves’ home for a quarter of a century before relocating to McElmo Canyon west of Cortez a few years ago.

Like Greaves in his former L.A. life, Jack is a lawyer of some renown in Southern California. He is hired to defend an accused murderer by pin-up-model-turned-nightclub-owner Mae Gallagher, the accused man’s daughter. Shortly thereafter, Mae’s father is kidnapped en route to a court hearing and brutally murdered.

Having fallen hard for Mae, Jack switches gears from defending his now-dead client to hunting down his former client’s killers. Mae, meanwhile, plays the part of the beguiling femme fatale to aching perfection, driving the fast-paced story from her windowed office overlooking the seething mass of dancers on the floor of her nightclub, and from behind the wheel of her flashy, cherry-red Porsche.

As Jack tracks the killers—and avoids becoming their next victim himself—he keeps up a running line of droll commentary, often laugh-out-loud funny, on topics ranging from bratty kids to police, media, and legal ineptitude to, of course, L.A. traffic.

While observing the much younger habitués of Mae’s nightclub, he notes, “I sipped and watched as dancers danced and gawkers gawked and felt a bit like some pith-helmeted anthropologist studying the courtship rituals of the Sumatran birds of paradise, their biological imperative sublimated into elaborate displays of plumage and preening and ritualized movement.”

When it comes to the enchanting Mae, Jack is driven by his own pressing biological imperative, leading to a turbocharged climax in the aforementioned Porsche, and a final twist to the story that will satisfy the most demanding of mystery aficionados.

Greaves’ earlier MacTaggart mysteries, Hush Money, Green-Eyed Lady, and The Last Heir, serve as highly entertaining guides to, respectively, the L.A. equestrian and art scenes, and the Napa wine world. His locally based novels, Hard Twisted and Church of the Graveyard Saints, are keenly intelligent, thought-provoking tales of life in the Four Corners, both past and present.

The Chimera Club is available at Maria’s Bookshop in Durango, via chuckgreaves.com, and wherever books are sold.

Scott Graham is the author of Canyonlands Carnage, currently a finalist for the 2022 Colorado Book Award for Best Mystery, and six other National Park Mysteries for Torrey House Press. He lives in Durango. More at scottfranklingraham.com.

Published in Prose and Cons

Montezuma County Sheriff Steve Nowlin says experience matters

By Gail Binkly

After 45 years in law enforcement, Montezuma County Sheriff Steve Nowlin is seeking four more years at the helm of the Sheriff’s Office. He was first elected in November 2014 and re-elected in 2018.

If re-elected this November, he will be serving his third term, the final one allowed under the county’s term limits.

Nowlin, a Republican, is facing a challenge from the unaffiliated Odis Sikes.

The sheriff’s job is a complex one. Nowlin believes his long and varied experiences make him well-qualified to remain in his position. Before becoming sheriff, he worked in the Cortez Police Department, the Colorado State Patrol, and as a sheriff’s deputy. Now he is responsible for overseeing both the MCSO and the county detention center.

“The job is administration, budgets, detention, grants, LEA [the Law Enforcement Authority, a special tax only on properties in the unincorporated parts of the county that provides additional revenue to the MCSO],” Nowlin said in a phone interview with the Four Corners Free Press..

“There’s over $5.5 million I’m responsible for. I have 25 budgets I manage.”

Though $5.5 million sounds like a large amount, it isn’t enough to meet all the needs of the MCSO. One big issue is how to provide adequate compensation for employees, especially in a time when law-enforcement agencies are competing for skilled officers.

“Recruiting and retaining is one of the biggest things I’ve had to tackle,” Nowlin said. “The big thing is pay and benefits. I’ve worked all these years with the commissioners, who provide funding for the MCSO.

“They have really helped improve the pay, but benefits are a problem. We have to improve. If we can increase the benefits it helps, especially the younger officers. They’re creating families and the insurance costs for dependents are expensive. We need help paying their dependent coverage.”

Nowlin said many municipalities offer better dependent coverage for their officers.

“All the law-enforcement agencies are competing.”

Having deputies leave after they have been with the MCSO only a short time is an expensive problem, he said.

“It costs roughly $10,000 after they go through selection and backgrounds and training. If we don’t retain those folks we’re just throwing money away. So it’s very important to find the right applicants and provide for them and their families.”

Nowlin said the MCSO is finding good people.

“I hire by character first. Moral and ethical values. We can build on that but you can’t teach somebody that. it has really improved the applicants we have.”

The MCSO now has a reputation as an agency with a professional, well-trained staff, he said. “We’re setting an example for the state. A lot of applicants want to come here but we can only hire the right people.”

Nowlin has implemented a “step level” program to boost morale and incentivize the deputies. It has three levels, he said. Deputies do considerable reading and studying, all voluntary, and as they gain knowledge they can go on to the next level.

Every time they move up a level, they get a small financial boost (a one-time bonus of $300) and receive a ribbon showing their accomplishment.

“I’m so proud of what they’ve learned,” he said. “It’s been a neat program.”

He is working to prepare the future leaders in the sheriff’s office, he said.

Certain employees who are not certified as peace officers are selected to go to one of more than two dozen POST (Peace Officer Standards and Training) academies in the state to become certified. “These are vetted employees,” Nowlin said. “They are here 1 ½ to 2 years before they can apply. Then they have to remain here for three years.”

Another employment issue is finding and retaining people to work in the Montezuma County Detention Center, which the sheriff by statute must oversee. “Working in the detention center is a stressful job. It’s not for everybody,” Nowlin said. He lowered the minimum age to work in the jail to 18 to attract younger people. (Individuals still have to be at least 20 before they can go to the law-enforcement academy.)

In addition, he has hired a psychologist to help his employees cope with the ever-increasing stressfulness of their jobs. The psychologist’s position is paid for through a state grant, he said.

“It’s been a life-saver. You have to do everything you can for the people that serve our community.”

Experience and knowledge are critical in law enforcement, he said.

“You have to know the law. We have to deal with civil as well as criminal law, water law, wildlife laws, livestock laws.” The sheriff’s department has regular trainings, far more than are required by state law.

Montezuma County is not a wealthy county and does not have a sales tax, so budgets are always tight. “That’s why I go after public and private grant funding,” Nowlin said. “We get probably $300,000 to $400,000 a year in grant funding to provide for services and equipment without using tax dollars.”

For instance, he was able to acquire a full-body scanner for use at the detention center to prevent contraband drugs and other items from coming into the facility. The scanner cost close to $290,000 but he was able to pay for it without using any general-fund tax monies, he said.

Yet another duty of the sheriff is to handle serious wildfires in the unincorporated areas of the county. State law says it’s the sheriff’s responsibility to coordinate fire-suppression efforts in the case “of any prairie, forest or wildland fire or wildfire” in the county outside any fire-protection district, or that has grown too big for the fire district to control or extinguish.

“I did a lot of praying this year,” Nowlin said in regard to the possibility of an out-of-control fire in this drought-stricken area. “I was really worried. Maybe we have turned the corner.”

Among the other duties of the sheriff’s office is handling security at the courthouse in Cortez and keeping schools safe. Nowlin said he has school resource officers in Dolores schools, Lewis-Arriola, Pleasant View and Battle Rock Charter School. However, he is seeking a new officer for Battle Rock as he lost the deputy who had been doing that job.

“I do not cover Mancos as they have a Marshals Office, but do assist the school when requested,” he said in an email. “We handle Safe to Tell reports involving Mancos students that reside in the County.”

“Working with the youth in the community, building early relationships to help them make the right decisions as they grow, has been a priority of mine,” he said. “They are our future.”

Nowlin emphasized that getting out into the community is critical. One way the MCSO does that is through its mounted patrols – deputies on horses. Nowlin began the mounted patrol program in 2017, working with the Bureau of Land Management’s Wild Horse and Burro Protection Program in Cañon City to obtain wild mustangs that have been gentled by selected inmates.

The mounted deputies, who received special training in horse care and crowd control, patrol in various places and at special events such as the county fair, Ute Mountain Rodeo, and Four Corners Ag Expo.

“It has been a great asset to the community,” Nowlin said. “It helps bring the public and the sheriff’s office together. These are dedicated officers in this unit. The mounted patrols are at every one of the community events and are also used with Search and Rescue.”

A major issue region-wide is drugs. “The impact of illicit drugs is affecting everybody,” Nowlin said. “Our drug distribution is what is causing the majority of our crime in the county.”

Opioids, which are more and more dangerous, with fenanyl a particular danger, are one problem. Methamphetamine is another.

“A lot of people have gone to prison for meth, which is really starting to increase,” he said. Meth comes from across the southern border of the United States rather than being made locally, he said.

And alcohol, though not illegal, is a constant concern.

“A lot of people have substance-abuse problems,” he said. “I’ve been working with that since I took office.” He said the new Community Intervention Program is a beginning and that the sheriff’s office is making progress in combating drugs.

But local detox and treatment programs are needed, he said. “We need inpatient and outpatient facilities here.”

Nowlin was pleased because of a recent seizure of $42,000 by the MCSO from drug traffickers. The funds can only be used for training or equipment in the sheriff’s office, he said, but they will be a big help. He is planning to purchase a $25,000 spectrometer that will do rapid drug field testing. Other funds will be spent on radar equipment for vehicles in the Drug Task Force, which he is expanding, he said.

”We’ve been very busy on this the last month. A lot of long days and nights, but it’s good we seized drugs and some stolen guns. It’s nice to see the drug profits are taken from these criminals.”

Nowlin said much of his job has been about rebuilding and retaining trust in the sheriff’s office.

“We have to be professional and respectful and to have compassion, and enforce the law with common sense Most laws are officer discretion. Our employees’ attitudes, behavior and appearance are important.

“Building relationships with the people in our communities is so important. We’re all in this together. If you see or hear something, say something. That’s where we get a lot of criminal investigations started.

“People will trust you if you are trustworthy. If you lose that trust, sometimes you will never be able to regain it. When we say we’re going to do something, we do it. If something doesn’t work out, we’ll try something else.

“I’m short-handed but my deputies go the extra mile helping people. That’s just what we do.”

Nowlin said he appreciates the support he has received from the community. “It’s very humbling.”

Published in Breaking News

A quick learner: Odis Sikes seeks to become sheriff

By Gail Binkly

Odis Sikes has no experience in law enforcement, but he isn’t letting that stop him from challenging Montezuma County’s incumbent Sheriff Steve Nowlin for the position. From the age of 18 Sikes has demonstrated leadership skills, he said. And for more than a year, some local folks have been urging him to run.

Sikes enlisted in the Army during the Vietnam War and served overseas. He spent nearly three years there.

“I went in as a private and 10 months later I was a sergeant, an E-5,” he told the Four Corners Free Press in a phone interview. “That’s kind of rare. Evidently they saw some leadership ability in me.”

While in Vietnam, he learned quickly how to take action, how to behave in a variety of situations, and he could learn how to be sheriff, he said during a meet-and-greet on Aug. 26, a video of which is available on his Facebook page.

“I’m pretty sure I could figure it out, being sheriff,” he told the crowd of 40 or 50. “I’m still able to learn.”

The sheriff’s job is in large part administrative. Sikes believes he could handle that.

“I’ve never been like a business administrator or anything like that,” he told the Free Press. “But I have run crews in the oil field.” He now does inspection work for Kinder-Morgan, he said.

“When I was first asked to run, around March 2021, I said, ‘I don’t have any law-enforcement background’ and they said, ‘You’ll have an undersheriff and deputies.’ It’s really an administrative job. You hire the right people to do the right jobs.”

Sikes told the Free Press he is not running for his own benefit. He has plenty of other things to keep him busy. “I have horses, cows, kids, grandkids, great-grandkids. But nobody else has stepped up. No Democrat is running and there was no Republican in the primary.” Sikes, who is unaffiliated, petitioned onto the general-election ballot.

People had come to him expressing concerns about drugs and crime. “Drugs are getting worse by the day. Even Sheriff Nowlin said that,” Sikes said. “He had an informative meeting and said crime is getting worse, criminals are getting bolder and drugs are getting worse.”

Another of the public’s concerns, Sikes said, is they believe that criminals who are caught aren’t held accountable. “They plead them out and let them walk,” he said.

A major problem Sikes sees are “unconstitutional laws passed by the state legislature,” such as the “Red Flag” law passed in 2019 that allows law officers to remove firearms from someone if a court orders it. The judge must have received a petition from either law officers or civilians, such as family members,  saying that an individual poses a danger to themselves or others if he or she possesses a firearm.

The Red Flag law, Sikes said, violates the Second Amendment to the U.S. Constitution, which he called “the most important document in our lives other than the Bible.”

IF someone poses a danger to themselves or to others, he said, “We’ve already got ways to handle that. Red Flag violates the First, Second and Fourth amendments. You just go with a court order and take their guns and can do it without even investigating. I would take the court order and give it back to the judge and give the judge a copy of the Constitution.

“We can’t change Denver, we can’t change Washington [D.C.]. We have to start on the local level and say enough is enough, we’re not going to have unconstitutional laws that tell us what we can do and can’t do.”

Beyond constitutional issues, Sikes said one of his priorities if elected would be to try to raise pay for sheriff’s deputies. “They don’t make enough money,” he said. “Montezuma County is one of the most underpaid counties for deputies in the whole state. I’ve been told they hire somebody new and they stay six months to a year and go somewhere else. You can’t blame them. We need to get their salaries up.”

How he would do that he does not yet know, he said.

“I don’t know anything about how their budget works,” he said. One audience member at the meet-and-greet said the county commissioners, who oversee the sheriff’s budget, are holding back on salaries. “The commissioners are elected officials just like the sheriff,” Sikes told the audience. “The people are his boss, not the commissioners. There’s got to be some way to get their money up.”

Law officers “take a chance every day,” he noted.

He said he doesn’t think there are major issues with retaining employees at the county detention center. “I don’t really know a whole lot about the jail,” he told the Free Press.

Concerns about issues involving children and schools have come up as issues his supporters would like him to address.

At the meet-and-greet, one audience member asked Sikes, “Will you stand for our kids? Will you go into the junior high and tell the principal that he cannot use this transgender crap on our kids? That is child abuse.”

Sikes replied, “I think those people need to go to jail. I mean, that’s child abuse. They wanted to do that in our library. I think the sheriff should have went in there and said, ‘You’re going to jail. Right now. You can either get out of this county and never come back or you’re going to jail’.”

In his interview with the Free Press, Sikes expounded on that issue. He said he was referring to an event planned for the Cortez Public Library on June 22 of this year. The event, a drag show, was planned in honor of LGBTQ Pride Month but was canceled.

“A month or two ago the Cortez library was going to have some transgender men dressed like women come in and read to children in the library,” Sikes told the Free Press. (The planned event actually did not involve transgender individuals, but men from Durango dressed as drag queens doing a show for entertainment.)

Sikes said schools should not allow “pedophile and gender talk about ‘It’s OK to change your gender.’ That’s child abuse. That’s what I said. I said I think those people ought to go to jail.”

He said that in Texas, his home state, such people are escorted to the county line and told not to come back because that if they do return they will go to jail.

At the meet-and-greet, Sikes said law enforcement should be more involved in school-board meetings and express views on subjects like CRT (critical race theory). “Show up and say, ‘Look, that’s junk, we’re not going to teach that to our kids’.”

In his interview with the Free Press, he explained he meant going to meetings “not as a bully” but “to be involved in our kids’ lives and education – who’s teaching them what.”

Critical race theory is an academic concept generally taught in graduate schools that centers on the tenet that racism is endemic in society rather than restricted to a few racist individuals.

Sikes said it is being taught in local K-12 schools and that it involves saying “white people treat black people bad, oppress black people – whites are just bad people.”

He said he has no problem with schools teaching U.S. history, including the facts that there were slaves in the South and there was a Civil War. He added that the Civil War “wasn’t just about slavery, it was about states’ rights and slavery was a part of that.”

“CRT is designed to divide us,” Sikes said. “They are trying to keep black and white people separate, apart. They don’t want us as a united nation. Divide and conquer.”

The sheriff needs to stand up against the state and federal governments, he said. “The state doesn’t have control over the county sheriff. You should work with the state and federal government but not be controlled by them. He’s an elected official. Even the FBI and the DEA don’t have precedence over the county sheriff because they’re hired.”

Until now, Sikes has not entered the realm of politics. “I have never done anything political,” he said. But when he pointed that out to the folks who were urging him to run, “They said, ‘That’s even better’.

“I took some time to pray and think about it, and then I decided to run. Two things are important – believe in God and support the Constitution.”

Published in Breaking News

Make sure your primary vote matters

In 2016, Colorado voters approved Proposition 108 allowing unaffiliated voters to vote in Colorado primary elections without registering with a particular party. Unaffiliated voters receive two ballots in the primary and choose which primary in which they will participate. Only one ballot can be submitted. If both ballots are returned, they will be rejected and no votes will be recorded. In Montezuma County, there are 7544 registered Republicans, 3283 registered Democrats, and 7841 Unaffiliated voters; third parties equal 318.

Proposition 108 had bipartisan support, passing with almost 53% voter approval. There were several arguments in favor: 1) Only about 5 percent of voters participated in party caucuses prior to the passage of Prop 108 — not a sign of a healthy democracy; 2) Opening primaries to unaffiliated voters increases participation in a process that is fundamental to a democracy — voting; 3) Elections are publicly financed, and unaffiliated voters who comprise over 1/3 of registered Colorado voters should have a role in selecting the candidates who will be on the ballot in the general election; and 4) It has been argued that allowing unaffiliated voters to participate in the primary may result in candidates being selected who better represent all Coloradans — not just those adhering to a particular party platform.

In Montezuma County, your voter registration will determine whether you will have a say in who will most likely become our next county commissioner. No Democrats are running for any county offices, and the chance that an independent or write-in candidate will petition on to the fall ballot is slim and none, so . . . if you are not registered as a Republican or Unaffiliated, you will have no say in determining who will play a major role in our county government over the next four years.

If you are a registered voter or will be registering to vote in Montezuma County for the first time and want to at least think about what option you would like to take in this year’s primary, consider changing your registration to or registering as an “Unaffiliated” voter. It doesn’t mean you’re changing parties, nor will it dictate how you will have to vote in the general election.

Colorado’s elections are all-mail ballots, and ballots for the June 28 primary will be mailed June 6-10. The deadline for changing your registration is June 6. You can do this by going online at GoVoteColorado.gov or stopping at the county clerk’s office, 140 West Main Street, and filling out the necessary form. It’s quick, easy, and free!  If you need help registering or have election questions, the county clerk’s staff is knowledgeable and very customer friendly so don’t hesitate to call the office,  970-565-3728.

The League of Women Voters was founded February 14, 1920, just months before the 19th amendment was ratified and women won the right to vote. Its mission is “Empowering Voters. Defending Democracy,” and it was founded in the belief that it wasn’t enough to have the right to vote; women needed information to enable them to make “an informed vote.” League is a nonpartisan organization — we do not support nor campaign against any candidate — however, the League does take positions on issues of importance to our democracy. As part of the mission to “empower voters.” the League sponsors candidate forums.

The Montezuma County League will sponsor a Meet the County Commissioners Forum, June 9th, 6:30-8:00 at Empire Electric’s Calvin Denton Room.

June 8, LWV Montezuma County will join with Gunnison, La Plata, Mesa, Pueblo, and Uncompahgre Local Leagues to host a candidate forum for the six Congressional District 3 candidates: Lauren Boebert (R), Don Coram (R), Adam Frisch (D), Sol Sandoval (D), and Alex Walker (D). This will be a virtual zoom webinar and will be live-streamed on Facebook 6:00-7:30. Please plan to attend both events.

Karen Sheek

President. League of Women Voters Colorado

Published in Breaking News, Letters

Expressing appreciation

A small group is working to support local teachers

By Gail Binkly

Overworked, overstressed, underappreciated, undervalued, and unrespected.

That’s how many teachers are reportedly feeling across the country and in Montezuma-Cortez School District Re-1.

To try to counter that, a small group called the Cortez Teacher Appreciation Committee formed in February of this year. They’ve been meeting twice a month since then, and are focusing on a few simple projects.

The main focus is to offer a free luncheon this spring for teachers, paraprofessionals, secretaries, administrators and counselors in the Re-1 district.

They have created signs saying We Love Cortez Teachers that they hope community members, as well as businesses, will put up in windows or yards to show their appreciation for these hard-working professionals.

For some time, teaching has been in decline across the United States. Many teachers are leaving the profession because they can make more money in other jobs and because they are finding the work more and more stressful.

The COVID-19 pandemic exacerbated the crunch, forcing schools to conduct classes online during the early days of the illness. “Online education was really stressful,” said Jim Skvorc, a member of the Teacher Appreciation Committee. “Not knowing from week to week whether classes would be online or in-person, the absenteeism of students, a shortage of staff – it was all hard.”

These problems occurred nationwide, but particularly in District Re-1. So many teachers were unable to teach because they were quarantined with COVID, or because they simply left the district and moved on, that Re-1 was forced to hire almost anyone it could find as substitute teachers.

“I have a friend who is a school counselor who spent much more time in the classroom as a sub than doing the counseling job,” said Skvorc.

Controversy over school curriculums and debate over what constitutes “critical race theory” and whether it’s being taught in K-12 classrooms have also made teaching highly stressful. In District Re-1, teachers also have had to contend with upheaval on the school board, including one recall and two resignations. In addition, the district’s superintendent left the district mid-year, leaving another gap.

Re-1 has to deal with the fact that its teacher salaries are low in comparison to surrounding areas, including Durango, New Mexico, and Native American reservations. Meanwhile, housing prices are shooting upward in Montezuma County.

“Teachers want to live here, they want to start families here, but they can’t afford housing here,” said Terri Helm, who is also on the committee.

The committee is seeking to at least let teachers know that they are appreciated.

“We want the community to support teachers by putting up signs,” Skvorc said. The signs are available at the office of Realtor Bill Stanley, United Country Blue Sky Homes and Land, 2525 E Main St, Cortez. (It’s on the frontage road that goes by the big steer statue.) They can be obtained for free, but small donations are appreciated. The committee is also seeking donations from businesses for prize drawings at the teacher appreciation luncheon. Anyone wanting to assist or donate may call Jim at 970-903-0944.

A major supporter of this effort has been the LOR Foundation. The committee would still be scrambling for funds if LOR had not stepped forward to help out. Walmart, private donors, and several other businesses have already provided a variety of donations. Anyone wanting to donate to this effort may do so at First National Bank in Cortez, to an account under the name Cortez Teacher Appreciation Committee.

Published in Breaking News

Where do you come from?

Local artist nabs NEA grant for work on ‘story objects’ that root people

 

By Free Press staff

Funding for an Individual Artist Grant from the National Endowment for the Arts has been awarded to local visual and literary artist Sonja Horoshko, through the Colorado Creative Industries in Denver.

Her project, “Satchel,” involves two decades of personal-identity exploration that has interested her since she had a 12-month arts residency at Hovenweep National Monument in 1995-96. At that time she founded a place-based visual arts workshop, Drawing Together, providing a local platform for the surrounding communities and families to render the land and people in-situ.

During those drawing/painting sessions, many Navajo children and adults politely asked her, “Where are your people, Auntie?” She answered, “In Denver – the West Side.” But the question ignited an in-depth investigation into her loss of cultural identity and influence. “Who am I, and where are my people?” became the guiding personal inquiry in much of her body of work.

Horoshko has four valued family objects that she brought with her when she came to Cortez from Denver in 1992. Two are from her paternal Ukrainian family, and two were bequeathed to her from her maternal arctic Swedish family.

They became “story objects” for her – the things that kept her relationship to family alive. One is a tiny, leather-bound pocket-size publication that, until recently, she thought was a Ukrainian Orthodox Missal, a portable book containing the Mass published in Ukrainian. She doesn’t speak or read her paternal language, but she asked her cousin, Andrew Guzo, Ph.D., to investigate it for her at a New Jersey Ukrainian Community Center near him.

The elder woman translating his request asked, “What’s the family name?”

In a guttural pronunciation, he replied “Khorowshko.”

She simply said, “Well, of course,” Guzo said, as if their family name was commonly known. This surprised Horoshko and Guzo because it never seemed ordinary to any family members.

“The first page is a Prayer to Holy Mother Mary,” she explained, and then translated what pages he showed her from the photos on his cell phone. It is a portable Book of Prayers, not a Missal, she said.  “The prayers traveled with him.”

After Stalin starved Horoshko’s remaining Ukrainian family in the early 1930s, Horoshko family members were reluctant to say more than that her grandfather’s family were simple sunflower farmers from the land between Lviv and the border of Poland today. But Horoshko also has a canvas passport holder used by her grandfather when he came to Ellis Island in 1907, alone. He was 11 years old. In his pocket he carried the equivalent of $30, and in his heart he carried his family’s hope that he would survive to begin a family of his own in the United States.

He was picked up by a Pennsylvania coal-mining company and brought to Wilkes Barre, where there was a Ukrainian Orthodox community of families working for that company. “It was a beginning of the story about where we come from,” Horoshko said, “what was expected of my grandfather and who we are.”

Horoshko also cares for two items given to her by her maternal grandfather, who arrived in the United States from Norbotten County in the Swedish Arctic Circle — a tobacco pouch and a doll belonging to her grandmother.

“Identity locates an individual in community at the beginning of migration, relocation, refugeeism, and so forth,” she said. “All people have moved at some point. Many still do. We come from somewhere. We go to other places. In the United States our cultural amalgamation is so extensive that our deep beginnings are growing more vague.”

Her project will result in a late-summer exhibition of her personal visual art in collaboration with professional artists she has invited to the project. Each has a story object to share. They include Renee Podunovich, Sam Lyons, Denver architect Michael Murphy, Irene Hamilton, Michael Thompson, Tina Deschenie, Silvia Pina, Joan Roberts Garcia, Ed Singer, Cindy Yurth, Maurus Chino, and Mondo Jud Hart, an artist she has known since their first days as students in the undergraduate fine arts department at the University of Denver 60 years ago.

Horoshko is also offering workshops for the local community. “Being an artist or writer is definitely not required,” she said. “In fact, it is more the local common story-ground I am seeking to turn over, to shine a light on a story and keep it alive for the participant. Where do you come from? Who are your people? Does an object help carry your story forward?”

The story object can also be something used when an individual is on call for job-related work, such as oil-field workers, or archaeologists, or even a family’s annual sheep or cattle drive to higher pastures.

“I am not just interested in immigration and people fleeing war, famine or natural disaster,” Horoshko said. “People have always moved for many reasons and they always carry items of value in their carpetbags, satchels, shoeboxes and backpacks.”

The workshops will offer an opportunity to tell the story of a family object revered by someone living in Montezuma County. Each participant receives a workbook explaining the project and how to proceed, time with Horoshko to photograph the object, and a published, framed 11 X 17 broadside of the results. An exhibit of the finished work will be held at the Montezuma County Heritage Museum in late summer 2022 simultaneously with the final exhibit of the professional project artists at Turquoise Raven Art Gallery.

Workshops will be held at the Montezuma Heritage Museum from 2 to 3 p.m. on Saturday, May 21, and Saturday, June 4. An additional two will meet at Turquoise Raven Art Gallery in Cortez from 2 to 3 p.m. on Saturday, May 14, and Saturday, May 28.

For more information about the workshop materials fee and to sign up, contact Sonja Horoshko directly at artjuicestudio@gmail.com with memo line “Satchel Workshop,” or text the same line to 970-565-0715.

 

Published in Breaking News

A burning issue

A chip pile at the Ironwood Mill is raising concerns about the chance of fire

 

By Janneli F. Miller

The concept of “fire season” is disappearing. Thanks to climate change, fires can break out year-round through much of the West, as evidenced by two wildfires in Montezuma County that happened in March, as well as recent fires in Boulder County.

“We don’t call it a fire season anymore,” said Montezuma County Emergency Manager Jim Spratlen. “The conditions that we’re seeing are pretty dangerous. It’s drier – the water moisture levels are low. We’re seeing this trend right now, of course, but it’s not going to go away.”

Wildfires can be sparked by a number of things, most well-recognized.

But one cause that may be under the radar for most citizens is the spontaneous combustion of mulch and wood-chip piles. That triggered both the Aspen Wall Wood fire in December 2020 and the Western Excelsior Fire in May 2017 in Montezuma County.

The Western Excelsior plant near Mancos was destroyed by the fire there, impacting the local economy through job and production losses.

The Aspen Wall Wood fire near Dolores took three days to be contained and then smoldered for months, even though firefighters kept it from moving into Lost Canyon. Although it didn’t destroy property, it impacted air quality for those living nearby.

Ironwood Mill, located at 27930 Road T, Dolores, has the largest chip pile in the region – estimated to be between 3.5 and 4 acres, with a maximum height of 60 feet and average height of 35 feet, according to information provided to the Montezuma County Commissioners by Ironwood Group.

The Aspen Wall Wood fire happened in a chip pile about two acres in size – half the size of the Ironwood pile.

Ironwood Group CEO Jeff Bunnell of Oregon bought the old Montezuma Plywood Company plant on County Rd. T in 2019, with the intention of producing plywood veneer there from small-diameter trees.

This was seen as a boost to the local timber industry and local economy, as well as a way to improve forest health through thinning of trees. But the mill owners riled up neighborhood residents when they applied for a High Impact Permit with plans to extend hours of operation to 24/7 and bring in a housing unit. The Montezuma County Commissioners looked into the concerns raised by citizens.

At their Jan. 25, 2022, meeting, after holding a public hearing on the issue, the commissioners revoked High Impact Permit #675 and Special Use Permit #7-2019, ceasing operations at the mill.

According to the BOCC minutes, the revocation of Ironwood’s permits was “based on significant adverse conditions presented to the surrounding properties and also significant fire danger.”

“We asked them for a plan [to mitigate fire risk] and the plan that they submitted, we sent back with comments,” Montezuma County Administrator Shak Powers told the Four Corners Free Press. “They did not respond appropriately and that is why we revoked their permits.”

The commissioners sent the Ironwood Group a letter on Dec. 17, 2021 stating that the mill “is currently violating several provisions of the Montezuma County Land Use Code and is in violation of the terms of the High Impact Permit that was granted to Ironwood by The BOCC on October 8, 2019.”

In that letter the commissioners asked that Ironwood provide the county with a “written mitigation plan” by Jan. 5, 2022, noting that if the plans were not satisfactory or if Ironwood owners were not complying with the plan, their permits would be revoked – which is what happened.

 

‘‘Excessive’’

Citizens with properties adjacent to the mill had been voicing concerns to county officials about the impact of mill operations on the community. (See the December 2021 issue of FCFP).

While revocation of the permits to operate prohibits the mill from continuing to produce more wood chips, there is currently no plan in place for the removal of the existing pile.

Powers explained that the Colorado Department of Public Health and Environment (CDPHE) has become involved. “They have corresponded with them and given them a time frame to respond,” he said.

Dolores Fire Protection District Chief Mike Zion confirmed this, telling the Free Press, “The CDPHE came down and inspected the pile in February of this year, and said they had to have it in compliance by June 15, 2022.” He said that CDPHE specified that the pile has to be completely removed from the site as of that date.

John O’Rourke, of the Compliance Assurance Unit of the Hazardous Materials and Waste Management Division of CDPHE told the Free Press in a phone interview that usually the state does not get involved in the regulation of sawmills, but in this case the state had received complaints about the “excessive level of wood chips and sawdust” on the site.

O’Rourke inspected the pile on Feb. 1, 2022, and sent a compliance advisory to the mill owners. He confirmed the compliance date of June 15, 2022, sending the Ironwood Group a letter on March 10 stating that the mill had to cease creating more waste.

“When someone does get a compliance advisory, we ask them to contact us within 45 days to schedule a conference and talk about the issue and come up with a path forward they can live with,” explained O’Rourke. “June 15 may not be realistic for them but it’s just kind of a starting point to try to get them responding to the issue.”

He noted that currently they are still within the 45-day period, which ends May 24, adding that, “I did get an email from Wade Bentley that said they or their attorney would respond.”

Bentley is the plant manager for the Ironwood Group LLC and was in attendance and presented Ironwood’s response to the commissioners’ letter of Dec. 17, 2021, at the Jan. 11, 2022, BOCC meeting.

But neighbors remain troubled.

Lana Kelly of the Circle C RV park, which is adjacent to the Ironwood Mill site, told the Free Press, “What we want to know is, how much danger are we actually in right now? We’re living under a ticking time bomb here. They’re not mitigating it, they’re out of compliance with the county land use code — what they have is a huge risk, and we want information.”

However, little information was publicly available at press time regarding what Ironwood is doing to mitigate the fire risk of the large pile.

Bentley did not return phone messages from the Free Press.

 

Going to the landfill?

At the Jan. 11 meeting of the BOCC, Bentley told the county commissioners that Ironwood would take some of the chips to the county landfill.

Landfill Manager Mel Jarmon explained to the Free Press in a phone call that as of the end of March, “We have not received anything. They were going to bring us some of their wood chips, but nothing has been received yet.

“We cleared a space for them but it’s still empty. They never showed up and we haven’t heard from them.”

The “Plan for Chip Pile at Ironwood” submitted by the Ironwood Group to the BOCC stated, “As of 12-20-2021 there will be 100% weight documentation on every truck or trailor [sic] leaving the site with logs and chips.” Neighbors say they have not noticed any such traffic.

The plan also states, “On 01-03-2022 we will start Mitigating a fire bearier [sic] of 90’ from the biomass pile on the west side of the pile looking toward the mill from pile. (Road T side of the pile) There is only one person on site. This should be complete by 01-07-2022.”

Again, neither neighbors, fire or county officials nor the sheriff’s department said they have observed or received documentation that this has taken place.

“Something needs to happen and it’s not,” Zion said. “I don’t know why they’re just ignoring it. I wish the deadline from CDPHE was quicker.”

What are the chances of the chip pile at the Ironwood site igniting? Nobody knows. Chip piles ignite due to different things, including lightning, cigarettes, wildfire, arson, vehicle sparks and spontaneous combustion, which is not unusual.

Wood chips stored in piles decompose because of bacteria, moisture and heat, and during the decomposition process, heat is generated.

This heat becomes trapped within the pile, which continues to “self-heat” until it may eventually reach the ignition temperature.

The longer a pile is allowed to sit, the more heat will build. If the interior of the pile is exposed to oxygen the risk of spontaneous combustion is extremely high, and since the woodchips are a fuel source that is able to generate its own heat, the risk of a small fire quickly becoming out of control is high.

According to The Hartford Insurance Risk Engineering Technical Information Paper, “Mulch and wood chip pile fires are reported annually in every state.”

 

Spontaneous combustion

Prevention of spontaneous combustion of large chip piles is of utmost importance. Early detection of fire is key, which includes monitoring the temperature of the piles.

Zion mentioned that after the Aspen Wall Wood fire, “the county bought probes for all the sawmills. They [Ironwood] have at least one temp probe and they’re supposed to be running the probes now.”

However, he said that during a site visit to the mill in the summer of 2021, “We went out there and asked them about it [temperature probe], and they didn’t know what it was.”

This was also a concern expressed by Kelly.

“We want to know if they’re getting temperature probes – are temperature probes being done? We’re under the impression that they are not submitting reports. Does anyone have this information?”

Although Ironwood is supposed to report temperature probe results, to date there is no public record of whether or not the probe they have is being utilized, or whether results of the probes are documented.

Zion inspected the site in the fall. “We dug down about a foot on a cold day and the temp was 80 – on a cold day!” he said.

His concern was not only what will happen as the hotter, drier time of year approaches, but also about attempts to mitigate the pile.

Guidelines from the National Fire Protection Association state that in addition to routine temperature monitoring, on-site water access and ample fire extinguishers, piles should not exceed 60 feet in height, 300 feet in width or 500 feet in length; should be separated from one another by approved fire apparatus access roads; have low barrier walls around their perimeters, and have a minimum of 15 feet between them and other structures. None of this is documented to be happening at Ironwood.

Zion worries about what might happen if the Ironwood Group does start attempting to reduce the size of the existing pile. “If they disturb it – if they put oxygen into it. . .” he said, his voice trailing off.

Kelly and other neighbors who live near the Ironwood site have been meeting regularly to share information and updates about the pile.

“We’re all scared. We all have a lot of anxiety,” she told the Free Press. “If this thing goes up we’ll be lucky to get out with our lives – and it would be very catastrophic for the entire area.”

Cortez Fire Protection District Chief Jay Balfour told the Free Press that he thought a fire from the Ironwood pile would most likely move uphill towards Dolores rather than toward Cortez.

“Fires typically don’t move downhill,” he said.

He noted that the mill is outside the Cortez Fire District, whose boundaries end at County Road R. “Prevailing winds are not in our direction,” he explained, but said of course if a fire broke out at the Ironwood pile, his department would respond as a part of the mutual aid agreements between fire districts.

He said he has been receiving calls from concerned residents. “Basically I try to provide feedback and information.”

Powers was also aware of the winds, telling the Free Press, “Our prevailing winds generally come out of the southwest. Where Ironwood is located, the winds are blowing to the northeast. It [a fire] could be in the town of Dolores in a matter of minutes.”

Spratlen concurred. “Having a biomass pile of that size is not making me happy,” he said. “We’re preparing for the worst. Aspen Wall Wood was a smaller pile and a different type of material. We are concerned that if that the wind picks up and blows, those embers can fly just about anywhere. We are afraid it will start blowing to the Dolores area. If that thing goes, it would be pretty quick. I’m sure we should start evacuating right away so if it burns, it will burn property, not people.”

Montezuma County Sheriff Steve Nowlin voiced his concerns at the Jan. 25 BOCC public hearing and also told the Free Press that his first concern is safety of county residents. He urges all residents to be proactive about the possibility of wildfires anywhere and make an evacuation plan.

Nowlin is not so sure that if a fire broke out at the Ironwood chip pile it would go quickly to Dolores, stating that it could go anywhere.

“The area around County Road T and T.5 has always been prone to lightning strikes,” he said, adding, “It doesn’t matter where the fire could start.”

“Everyone in the county should plan ahead. Know what you are going to do with your pets. What about your livestock, your important papers, your valuables?”

 

Planning ahead

Nowlin said he will be going house-to-house in the area near the mill at the end of March and first few weeks of April to let people know what they can do to prepare themselves for evacuation in case of fire, how to protect their property, and who to call for more information.

Nowlin recommended that county residents with smartphones get an app called Nixle as well as the Montezuma County Sheriff’s mobile app (both available on Google Play or the app store.)

He told the Free Press that any information in case of fire, evacuation or any emergency will be broadcast through those avenues. He was concerned about getting in touch with people who don’t have cell phones, or live in areas without cell or internet service.

“You have to be proactive,” he said, recommending that people stay in touch with each other or with his department.

Spratlen agreed. “The county government is trying our best to get our arms around this, and then it’s up to everyone else,” he said.

“Get ready yourself. People need to get busy preparing. You may only have five or ten minutes, and that means you have to grab and go. You want to feel like you’re prepared. Pull a drill – do a drill yourself.”

His Emergency Management Department has been conducting drills, along with the sheriff’s office department and the fire districts.

“We’re having exercises, we’re speaking with neighbors, we’re all talking with each other,” Spratlen said.

Balfour and Zion both mentioned that they had been participating in the exercises and that they are confident they’ll be able to respond quickly and efficiently if a fire does ignite at the chip pile.

This issue “is very high-priority on everybody’s radar,” Powers said. “At this point it’s mostly in the hands of CDPHE. If they don’t get results, the commissioners will decide what to do next.

“I know that neighbors would love us to roll in there and just start moving it, but you can’t just roll into somebody’s property with trucks and heavy equipment without their permission. It’s private property.”

The BOCC holds frequent executive sessions about the situation at the mill, with the most recent on March 29. They too are waiting to see Ironwood’s response to CDPHE.

Nowlin explained that the more individual citizens do ahead of time, the better he and his department can respond.

“I want you to plan ahead. Pay attention and take it seriously. There are procedures we will follow in case of evacuation – we know what we’re doing. We will be telling people where to go and how to get there, depending on the situation.”

“It makes sense to be prepared,” said Spratlen. He recommends everyone in the county prepare themselves for evacuation.

“Get a Bug Out bag ready, have your vehicle ready. Prepare for a minimum of a few days, but even one, two or three months.”

When the Free Press asked why people should prepare for such a long away, Spratlen replied, “What if you’re evacuated and then your house burns to the ground?”

All county and fire officials contacted by the Free Press wanted people to know that even though right now it may seem as though little is being done about the chip pile on the Ironwood Mill site, they are well aware that citizens are concerned. They too have concerns and are actively working together to prepare for all contingencies, in every way possible.

Spratlen said, “I’m all for preparation. If you lose power what are you going to do? If you lose water?

“I’m all for the community – my bosses are the 26,000 people in Montezuma County. Call me any time.”

Nowlin echoed those sentiments.

“I will be there. I am available,” Nowlin said. He said the most important thing he can tell people in case of a fire and evacuation notice is, “Don’t panic.”

 

 

Published in Breaking News

FCFP takes seven awards in SPJ contest

Competing against media outlets in four states, the Four Corners Free Press picked up seven awards in the 2022 Colorado Society of Professional Journalists Top of the Rockies contest.

The winners were announced April 9 at the Denver Press Club.

The Free Press earned four first-place awards, one second, and two thirds.

Editor Gail Binkly took first place in the Education: News category for a package of articles on conflicts and controversies in Montezuma-Cortez School District Re-1.

She also took first in Editorials for a set of three pieces.

Zach Hively snared a first-place award in the Column: Personal/Humor category for his three entries, and Mark Stevens took first place in Arts & Entertainment & Food Criticism for three book reviews. Carolyn Dunmire, who has won an award in the same category every year for the past five years, placed third for three of her “Four Corners Foodie” columns.

Janneli F. Miller took second in Business Enterprise Reporting for her article “Migration time?” about booming real-estate sales in Montezuma County.

And Austin Cope placed third in Feature: Long Form for his article “Montezuma and Cortez: Why are they so called?”

The judges did not give specific comments on every entry. They did say of Hively’s columns:  “Nice trio of pieces detailing COVID woes and the would-be athlete.”

About Binkly’s editorials, the judge wrote, “I liked the voice in these editorials. They were easy to read, engaging and pulled no punches. It is great to see a newspaper take strong stances in its community, Particularly when those stances are likely to be unpopular with many residents.”

Top of the Rockies is a regional, multi-platform contest for reporters and news organizations in Colorado, New Mexico, Utah and Wyoming. It is administered by Colorado SPJ; judges are from outside the four-state region.

In this most recent contest, 75 media outlets and a dozen freelancers competed, submitting more than 1,500 entries, an increase of 15 percent over last year, according to the SPJ website. Media outlets of all types – print, broadcast, or online – compete against each other, but they are divided into four size categories.

The Free Press competes in the category for outlets with the smallest newsrooms. At least 21 other media outlets competed in the same category, including the Denver Voice, Ouray Plaindealer, Colorado Springs Business Journal, Green River Star, KVNF Public Radio, Source New Mexico, KSFR Public Radio Santa Fe, and Gastronomic Salt Lake City.

Published in Breaking News

Saving the world one bird at a time

Southwest Avian Protection Services rehabilitates the injured and diseased

By Janneli F. Miller

“Being able to take something that is just fixing to die and then release it – there isn’t anything like it – and to do it over and over and over again, it hasn’t got old yet,” says Charles Littlejohn, master falconer and owner of Southwest Avian Protection Services (SWAPS) in Dove Creek.

Littlejohn is a man with a mission. Inspired by his passion for falconry, which he began in 2010, he has moved on to raptor rehabilitation and education. This means Littlejohn holds three separate licenses, from different agencies.

“I’m a falconer, I’m a rehabber and I’m an educator,” he explains. In addition to a full-time job, his work with birds keeps his wife, LuAnn, and him busy feeding, housing, rehabilitating and educating people about raptors.

Littlejohn told the Four Corners Free Press that his interest in falconry – hunting with trained birds of prey – began after he read about Genghis Khan’s falcon, which according to legend saved Khan’s life by keeping him from being poisoned by a snake.

Littlejohn has a peregrine he uses for his falconry, but he currently houses eight more birds in Dove Creek and is in the process of applying for an educational permit for a bald eagle.

All the birds at SWAPS have names and, except for his peregrine, are either in the process of being rehabilitated or are used for educational purposes.

The falconry license is issued by Colorado Parks and Wildlife. “You have to catch and release two birds in a three-year period to get a falconry license, to show that you can trap and release,” explains Littlejohn.

Additionally, you need a sponsor. “You’ve got to have somebody who will show you the ropes – guide you along – if you have a problem, you’ve got somebody to call and take care of the situation.”

Littlejohn, who has a background in emergency medicine, became interested in rehabilitating birds of prey after speaking with the veterinarian he used for his raptor. “Dr. Charles Hawman told me that rehabilitators were falling out, and I thought I might want to do that.”

Hawman is one of the only avian veterinarians in the region, and he encouraged Littlejohn to pursue becoming a rehabilitator, since the only other licensed wildlife rehabilitators in the CPW southwest region are in Montrose and Pagosa Springs. Statewide, there are only 11 wildlife rehabilitators who will accept raptors, with most of them located in the Front Range or eastern Colorado.

Since Littlejohn already held his falconry license he had fulfilled almost 90 percent of the requirements for a rehabilitation license. Having worked as a first responder for 18 years, he said, “Medically, I learned what I did there and transferred it to this – it works out beautifully.”

For a sponsor for the rehab permit, he contacted Diana Miller in Pueblo, who runs the Nature and Wildlife Discovery Center and is one of the 11 avian rehabilitators licensed in Colorado. To this day, he stays in close contact with Miller.

Littlejohn holds permits for owls, hawks, eagles and falcons and explains that because these birds are protected anyone who handles them is subject to state and federal regulation. The Migratory Bird Treaty Act was established in 1918, and implemented international conservation treaties with Mexico, Canada and Japan and Russia to ensure sustainability of the protected species native to the United States. Specifically, it prohibits “the take (including killing, capturing, selling, trading, and transport) of protected migratory bird species without prior authorization by the Department of Interior U.S. Fish and Wildlife Service.”

As a wildlife rehabilitator, Littlejohn is authorized to handle and care for these birds with the intent of returning them to their natural habitat when possible.

Littlejohn gets birds in different ways – from the CPW, from individual good Samaritans, or the Colorado Department of Transportation, which accepts CPW calls off hours.

LuAnn Littlejohn says their organization is also listed on the CPW website, which helps people find them.

If you are driving along and hit an owl or a hawk, or are out hiking or boating and see an eagle on the ground that appears to be injured what should you do?

The first thing is to call SWAPS or the local CPW office and let them know about the injured animal, telling them what it is and the specific location you encountered it.

Once a bird arrives at SWAPS, the first step in rehabilitation is the Intensive Care Unit, consisting of flight cages, mews, and protected boxes of different sizes. All birds are initially kept quiet in order to reduce stress, and once they are stable a thorough examination is undertaken to determine the extent and cause of the injuries or distress.

Sometimes birds can appear stable but are actually too sick or injured to recover. According to the SWAPS brochure, this is because “Wild birds often appear to be in better health than they really are to avoid being preyed upon by other animals.” In this case, they may have to be euthanized.

Littlejohn explains this is most often due to blindness, broken wings or damaged feet. A bird that needs an amputation below the elbow cannot be rehabilitated.

Littlejohn, who clearly cares about the raptors, explains that “after I’ve seen amputation, I would never do it – maybe at the wrist, the very tip – but anything else, no. It’s just too hard on the bird, and it’s not fair to them.”

Birds can be injured, starving, frozen, poisoned, or also have diseases such as West Nile. Littlejohn has to know the different symptoms of all these conditions and how to treat each one. “I can look at something and think, this is what’s going on,” he says. “So far I’ve been pretty accurate at diagnosis, but prognosis – what is going to happen – you never know.”

He explains that you have to treat each bird as an individual. The most common injury is being hit by a car, but those birds often don’t survive. Then there are fences – the birds will fly into a thin wire and injure a wing, making them unable to fly.

He also explains that lead poisoning is a factor. Hunters will use lead ammunition, and then a bird of prey will eat an animal that has lead shot in it, and the lead will poison the bird.

Hunters will also shoot birds of prey, which is illegal since they are protected, and if they injure the bird instead of killing it, hopefully it will end up being found by a good Samaritan and rehabilitated.

SWAPS currently has nine birds in rehabilitation. They have a 100 percent recovery rate overall during their two years of operation. They took in 11 birds in 2021 and were able to release all of them.

“This will change,” says Littlejohn, since not all of the birds will survive or be reintroduced back into their habitat. “A bird has to be able to stand up, fly and catch its own food.”

He has a 30-foot flight pen with different perches for the different types of birds in his back yard. In order to operate as a licensed rehabilitator, Littlejohn says he is required to have a 100-foot pen for the larger birds, which is located at the SWAPS property in Dove Creek. The site includes a structure with mews allowing the birds both inside and outdoor access, educational signage, housing for raising and keeping live prey, and the large flight pen.

Littlejohn showed this reporter a hawk with a broken pelvis that he is currently keeping. “Technically I should have been able to take that bird in, let it relax and rest in a large cage, what we call a limited movement cage, and in two weeks let it go.

“Well, we took it out there where it belonged, and threw it up in the air and it hit the ground and ran like a chicken,” he laughs. “It didn’t want to fly.

“We brought it back home and we did another flying test, then I talked to the doc. I even called my sponsor, who’s been doing this more than 30 years. She said, here’s what you got to do, and I’ve taken her advice. We’re just going to keep it, and hang on to it, and see what happens in six months.”

When a bird does recover, which generally takes an average of three to six months, it is essential to release it where it was found. Littlejohn says he calls the people who found the bird and invites them to the release. “I prefer [releasing them] exactly where they were found. You can go within so many miles but after 10 miles you have to have permission to release it further away than that.” He smiles as he describes how happy the “good Samaritans” are to see the injured bird they rescued fly away into the wild.

Last year he got a call from CPW about a redtail hawk that had been found near Lewis. It was starving and had frostbitten feet. Most raptors cannot maintain their body heat well in severe cold and instead migrate to warmer climates. Luckily, Littlejohn was able to save and release the redtail after four months of rehabilitation.

Littlejohn says birds from Idaho or Montana will come here to winter, while a Swainson’s hawk may go to Brazil. They can fly 200 miles a day, he says. “They can’t smell their food if it’s frozen solid.”

Rehabilitation is a lot of work. Besides maintaining the areas for the birds, diagnosing and treating their injuries, SWAPS has to provide food. LuAnn explains that to this end they raise both rats and gerbils, currently housing 11 breeding female rats and plenty of gerbils. They also feed the raptors beef hearts, which they get from local ranchers.

Littlejohn recently received a Wildlife Rehabilitation Grants Program grant for 2022, which he will use to buy food. “If I spend $2400 on frozen food, then I can use that much money for other things,” explains Littlejohn.

What happens to a bird that survives but cannot be released? They often become “educational birds.”

Littlejohn applied for and received a license from the U.S. Fish and Wildlife Service which enables him to keep educational birds, which can be used to educate people about raptor conservation and ethics. This enables him to bring the birds to public places, including schools.

“I’m not going to deny anyone the ability to look at one up close or teach them about conservation,” says Littlejohn, who explains that he operates SWAPS as a nonprofit, and will not charge for anyone who wants to come see one of his birds.

“Abigail” the turkey vulture is an example of an educational bird. She was injured in Arizona in 2020, probably by a car strike, and rehabilitated by Susan Davidson.

“She was transferred from rehab to our educational license in spring of last year,” he says. He has had her for a year, and now she trusts him, spreading her wings demonstrating that she is relaxed as he holds her. She weighs four pounds – “a heavy bird,” laughs LuAnn.

When asked if she’ll pose with her husband with the bird, LuAnn declines, saying that she’s scared of the bird, because it can grab or peck her.

Littlejohn explains, “They’re wild animals. She’s a wild animal regardless if she’s been taken care of since she was a baby. I’m not scared of them, but I respect them. I have been grabbed before and it’s not pleasant.”

LuAnn continues, “They don’t let go – they grab and they hold. If they grab you – you’re grabbed.”

Littlejohn adds, “They’re like an alligator or a pit bull – once they get into that position, they have to stop and think about it and relax to let go and there’s nothing you can do.” Thus, the need for an experienced falconer!

Besides applying for educational permits for raptors he has rehabilitated, SWAPS can also apply for a transfer for other birds, which is what he did with Abigail. Currently he is applying for a bald eagle, which will be transferred to SWAPS from a zoo in South Dakota.

He explains that this bird has been injured, and he has lined someone up to fix its wing. The application for the transfer is 57 pages long, but Littlejohn is encouraged about getting the bird. “Won’t that be awesome to have a bald eagle here in Dove Creek?” exclaims LuAnn.

Littlejohn explains that falconry, rehabilitation and education work together. When a bird can’t be rehabilitated, he applies for an educational permit for the bird, and then uses it for education. He has worked with Southwest Open School (SWOS) and the Montezuma Land Conservancy. He has taken birds out to Fozzie’s Farm and shown SWOS students his birds.

“You want a bird for a wedding, a fair, a school, call me,” he smiles.

SWAPS will not charge but will accept donations. The public is encouraged to visit their educational site in Dove Creek. They are expanding their educational location to the highway, in hopes of making it more accessible to visitors and passers-by.

SWAPS will be at the Four States Ag Expo at the Montezuma County Fairgrounds on March 26-27. Both Littlejohn and LuAnn encourage anyone interested in learning about raptors to come out. Abigail the turkey vulture will be there!

Published in Breaking News

Montezuma County clerk, treasurer and assessor seek re-election

By Gail Binkly

Montezuma County Clerk and Recorder Kim Percell, Treasurer Ellen Black and Assessor Leslie Bugg have announced that they are all seeking re-election in November.

Percell is seeking her third term in office. Bugg and Black are seeking their second terms.

All three positions are limited to three terms in the county.

The announcements come as infections from the omicron strain of the COVID-19 virus seem to have peaked and the situation possibly is slowly easing. All three officials said they would like to be able to return to some level of normality in their offices.

“I’d like to just try to get back to normal,” said Black. “COVID has been hard on all our offices. We’ve been down to half our staff.”

Percell agreed. “We’ve all been down to bare bones.”

“It hasn’t been easy on the treasurer’s office either,” Black said.

Bugg was a deputy assessor in 2017 when she was appointed to replace Assessor Scott Davis, who resigned. She ran unopposed in 2018.

Black was also elected in 2018 and was unopposed. Percell, likewise unopposed in 2018, was first elected in 2014.

Black and Percell are Republicans, while Bugg is independent.

“But these positions aren’t really political because we don’t make any political decisions,” Black said.

Each of them described some of the accomplishments they have made in their offices in the past four years.

Black said the treasurer’s office now allows people to pay their property taxes online if they want, and tax-lien sales last year were held online so that people didn’t have to show up in person “and be in a little room all clustered together.”

Percell noted that the clerk’s office has installed a new motor-vehicle database and new election equipment.

Bugg thanked the taxpayers and the public for “being patient with us” and being accepting of new rules and regulations.

“What I’d like to see for this office in the next four years is more of what we’ve been doing since I’ve taken over,” Bugg said. “We have come a long way and I feel like we’re kind of at the top of the hill. I think all of my staff has done an exceptional job.”

The three commented on the good working relationship they have.

“The three of us have created a pretty solid friendship,” Percell said.

Bugg agreed. “We work together well.”

“All of our offices work well together,” Black said. “I think we have a really good thing.”

Published in Breaking News

Gerald Koppenhafer chosen as commissioner

Gerald Koppenhafer, who previously served two terms as Montezuma County commissioner, has been chosen to replace Joel Stevenson, who died of complications from COVID.
The choice was made by current commissioners Jim Candelaria and Kent Lindsay at a meeting Jan. 27.
Koppenhafer will serve until the general election in November. He was a commissioner in the Mancos district previously from 2003 to 2012.
Below is the county’s release:
We would like to welcome Gerald Koppenhafer who was selected by the Republican Central Committee to complete the term of office of the late Commissioner Joel Stevenson. Mr. Koppenhafer was chosen from a pool of District 3 Republicans who participated in a question and answer session with the committee on January 27.
The new Commissioner will be sworn in by Judge Douglas Walker of the 22nd Judicial District on February 1st at 8:30am at the Montezuma County Combined Courts.He will then begin his duties immediately at the regular Board of County Commissioners meeting at 9:00 on that day.
Mr. Koppenhafer will serve as a Commissioner of District 3 until the next general election.
Published in Breaking News

A big acquittal on a minor charge

By Gail Binkly

A year after an incident in downtown Cortez that led to charges of harassment against a half-dozen locals, the ramifications of the event are still being felt.

The behavior of the six on Jan. 2, 2021, led to a jury trial in Montezuma County Court in December 2021 – a trial that attracted an unusual amount of attention for something at that level.

Ultimately, Sherry Simmons of Lewis was acquitted on the single harassment charge that had been filed against her. She was the only one of the six people to take her case to court.

She and her supporters celebrated, saying that God had brought about the acquittal.

But after the trial, the 22nd Judicial District Attorney’s Office under DA Matthew Margeson took the unusual step of filing a notice of appeal in District Court over concerns about instructions given to the six-member jury. The notice was filed Dec. 17.

An appeal by the prosecution is not equivalent to the appeals that defenses often make when a person is convicted of a crime. Those appeals are aimed at overturning the judge’s or jury’s conviction of the defendant.

Prosecutors’ appeals will not result in a defendant who has been acquitted being retried on the same charge. The Fifth Amendment to the U.S. Constitution forbids what is called double jeopardy.

But prosecutors can ask a judge at a higher court level to tell the lower court that it committed errors in a particular case, according to Assistant District Attorney Will Furse.

“The concept of double jeopardy prevents overturning of an acquittal,” Furse told the Four Corners Free Press in a phone interview. “The point of this appeal is to remedy a functional error in the jury instructions.

“The most that would happen as a result is the District Court would admonish County Court for its erroneous instructions and maybe prevent a similar case from occurring.”

Saturday demonstrations

The case began on Jan. 2, 2021, a Saturday.

For many months Saturdays had been when members of a group called the Peace and Justice movement, carrying signs with progressive messages such as Black Lives Matter and This is Stolen Land, would march and stand on Cortez’s Main Street.

Members of another group called the Montezuma County Patriots – with very different political views – would drive along the street in vehicles bearing pro-Trump, Three Percent militia, Gadsden and Blue Lives Matter flags.

Both groups also carried American flags.

There were times when some Patriots would get out of their vehicles, stand on the sidewalks, and confront Peace and Justice marchers. Jan. 2 was one of those occasions.

Simmons, one of the organizers of the Patriots, was among 15 or more people who allegedly surrounded and followed five Peace and Justice demonstrators.

She and five others – Tiffany Ghere of Cortez; John Teitge Sr. of Cortez; Earl Broderick of Road N; John Anselmo of Road P.8; and Edward Bracklow of Cortez – were subsequently charged with third-degree harassment, a misdemeanor punishable by up to six months in jail and fines of $50 to $750.

The charges followed an investigation by the Cortez Police Department.

The other five entered diversion agreements, meaning they did not enter a guilty plea but admitted wrongdoing and had to pay a fee.

Simmons opted to plead not guilty and go to trial. She acted as her own representation, saying in court that she initially did hire an attorney but they had parted ways, so she “decided to put my trust in the Lord.”

The statute under which she was charged, CRS 18-9-111, says in part, “A person commits harassment if, with intent to harass, annoy, or alarm another person, he or she. . . Follows a person in or about a public place; . . .”

It lists a number of other offenses that are also considered harassment, but the act of following someone was the action judged key to this particular case.

Obscenities

In opening arguments on Dec. 9 in Montezuma County Court, Assistant District Attorney Jessica Salem said the case was not about freedom of speech or other rights, but about someone violating the statute regarding harassment.

“This isn’t about politics, not about First Amendment rights, gun rights,  or Black Lives Matter,” Salem said.

The prosecution called three witnesses, the first of which was Raleigh Cato (formerly Marmorstein), a school psychologist. She testified that on Jan. 2 she was acting as a co-organizer for the Peace and Justice movement and was demonstrating with a small group at the corner of Main and Elm streets. She filmed the event, and her 34-minute video was shown in court.

The video first shows a lengthy period when the five marchers simply stand on the corner holding up signs and not much happens.

“The Patriots weren’t on the corner when we came,” Cato testified.

But at some point more than a dozen Patriots walk up to the five and surround them, heckling them and hurling insults. One man calls them “fucking idiots” and says “get down on your knees.” Other audible remarks include “All lives matter, bitch” and “anti-American bastards.” Some people also yell about the fact that the marchers are wearing masks.

Simmons, carrying a Three Percent militia flag, is present in the video. She later testified that she “heard harsh and unkind words to the BLM protesters” and that she “asked them [the counter-demonstrators] not to say the F word.”

Finally the peace marchers decided they had demonstrated for as long as they’d planned to, and began walking back to St. Barnabas Episcopal Church at 110 North St. That was where they convened for their demonstrations every week.

Some of the Patriots followed them down the street, continuing to make rude comments. They halted and stayed outside when the walkers went into the church courtyard.

A shock

Cato testified that she felt apprehensive when the Patriots began approaching her group, that her heart began racing and her palms sweating. In answer to questions from the prosecutor, she said that after the confrontation some in the Peace and Justice group felt shaken and shed tears, and some did not feel safe walking back to their cars.

Cato testified that when they began their march, the Peace and Justice demonstrators saw that the Patriots had already occupied the corner where the marchers usually went, at Main and Market streets, so they went to a different place. She said her group didn’t surround any of the others, did not flip anyone off, and were silent and non-confrontational.

On cross-examination, Simmons asked Cato whether she thought that one group of demonstrators could join another group.

“I don’t know about the legality,” Cato said.

Cato had testified that Simmons was in military garb and carrying a gun and a knife. On cross-examination, Simmons established that she often carries a gun.

“So the gun was not a shock to you?” she asked Cato.

“The entire encounter was a shock,” Cato replied.

Simmons asked whether Cato actually heard Simmons speak to her or any of the other Peace and Justice marchers, and Cato said no.

Cato said the peace marchers began their demonstrations in May 2020, after the death of George Floyd at the hands of police in Minneapolis. They first walked on Montezuma Avenue, but in July they changed to Main Street because it gave them more visibility and they had gained more marchers.

She said they had had previous encounters with the Patriots but that “January 2nd felt different.”

Also on cross-examination, there was a discussion about an electronic message Cato said she’d sent to Simmons on Jan. 3 asking Simmons if she were proud of her accomplishments the day before. “Your reply was long and mentioned God and your beliefs quite a bit,” Cato said in court.

Simmons is vocal about being a religious person. When making remarks at public meetings, she always begins with a prayer.

Simmons introduced the entire conversation into evidence and asked to read it aloud, but after a conversation at the bench, she did not. Instead, the jurors read a written copy of the message.

‘Emotions are high’

In it, Cato began by asking, “Are you proud of how yesterday went? Did you feel powerful surrounding 5 people?” She added with pointed sarcasm, “I’m sure Jesus would be proud.”

“Yes I believe he is.!” Simmons wrote back. “So sad that many have a misconstrued understanding of Jesus the Son of God Almighty.”

She continued with a long statement about her beliefs, including, “As the children of God we must take a stand.”

She said of the Patriots, “We hate no one. We first Love God and we love this nation which was founded under the principles of the Gospel of Jesus Christ. We stand for God we stand for truth which is God.”

Simmons also wrote, “You sent your marchers onto the street knowing the patriots were there.

“You or whomever is responsible for that. We are quite clear that we will never stand down.. we stand on truth we stand for this Nation which God Almighty founded. God is not mocked neither is his word.”

Cato then asked, “And y’all shouting profanity? Does god like that?”

Simmons answered, “No he doesn’t.

“Emotions are high and we are humans,” she continued in the electronic exchange. “I have been guilty of that as well that’s the beautiful thing about God’s grace to his believers. He corrects each of us in different ways. . . .”

In court, Simmons asked Cato whether their later conversations were friendly or not. Cato said they were not hostile, but added, “I don’t find it friendly to have prayer forced upon me.”

Simmons asked whether the electronic conversation explained her reasons for being on Main Street.

“You conveyed your personal beliefs, yes,” Cato said.

“Did you feel I was there to harass you?” Simmons asked.

“Yes,” Cato replied.

‘Plain as day’

At that point Simmons said she was in possession of another video taken the same day that had been sent to her confidentially. Salem objected to the introduction of that video, saying that the person who shot the video or someone who had knowledge of it needed to testify about its origins. The judge sustained that objection.

Simmons later asked Cato why, out of the 15 or so Patriots who followed the Peace and Justice marchers, only six were charged with harassment. Cato said she did not know.

However, the next witness, Steven King, answered that question. King, now a Colorado State Patrol trooper, was working for the Cortez Police Department in January 2021 and was assigned to investigate the Jan. 2 incident. He said that police were able to positively identify only six people among the group that followed the marchers, although they tried to identify all of them.

He said he interviewed six or seven Patriots, two people from the Peace and Justice group, and a couple other individuals during his investigation.

One man charged with harassment (Anselmo) was not actually part of the Patriot group, he noted.

King said the harassment charges were based on Cato’s video. “It showed plain as day the group following them from Main Street to the church,” a distance of three city blocks, he said. The decision to file charges was one he made, as the officer assigned to the case.

The third witness called by the prosecution was Cortez Mayor Mike Lavey, who said he was sitting in his truck, parked across the street from the activities, to watch the events.

He said he saw the Patriots approach and surround the Peace and Justice group. “They were up close and personal, in their face, yelling insults and threatening,” he said.

Concerned, he called Police Chief Vernon Knuckles, he testified.

When Lavey saw the Patriots following the other group, he got out of his vehicle and followed along himself, he said. Eventually he called dispatch, concerned about the possibility of someone being injured.

“Were you given a ticket for following?” Simmons asked Lavey on cross-examination.

Lavey said he was about half a block behind the other groups.

Simmons said Lavey walked up to her that day and asked, “Are you with them?” while pointing to the Patriots.

“Is it possible you asked me if I was with them because of the distance between me and them?” she asked.

Lavey said he did not recall. He said he doesn’t remember much of the conversation with Simmons because he was more focused on what was happening between the two groups.

Concern for the future?

Cato was called back to the stand and under questioning said in her opinion Simmons and another woman who co-organizes the Patriots had encouraged individuals to harass the Peace and Justice marchers.

She told Simmons, “That morning prior to the incident I witnessed you and many others standing where we usually stood.”

“Is it possible we were out there with compassion and very much concern for the future of this nation?” Simmons asked.

“That’s not my belief at all,” Cato replied.

Simmons presented her defense on Dec. 10. She did not call any witnesses other than herself. Since she couldn’t question herself, she sat on the stand and gave her account of the events.

She also played a recording of an interview between Officer King and Patty Coen, a woman who did sometimes march with the Peace and Justice demonstrators but was not part of the group of five on Jan. 2.

In the recording, Coen told King she was standing at the corner of Market and Main streets that day, thinking the Peace and Justice marchers would show up there, and that she was carrying wasp spray and bear spray for protection. She said she didn’t point the spray at Tiffany Ghere, as she was later accused of doing, but she did point it at a man named Dave Harrison who “was screaming obscenities at me.” He backed off when she pointed the can, she said on the recording.

“Those people are scary,” Coen said of the Patriots.

It wasn’t made clear in court what real relevance the recording had to the harassment case, as Simmons wasn’t mentioned.

In a piece in the Cortez Chronicles, a conservative online outlet, Kelly Moore-Chesney wrote, “Mrs. Simmons had played the video to show how the mood was being set, and how the sworn witness Raleigh Cato had denied any other protesters being out first.”

Free speech?

Simmons also showed in court the video she had previously tried to have entered into evidence but that the judge had rejected because of the prosecution’s objection that its source was unknown. Without explanation, the video was allowed to be shown as part of Simmons’ defense.

The video, which had no sound, showed Mayor Lavey talking to Simmons briefly as they walked past Pippo’s restaurant on Main Street. Simmons appeared to be well in the back of the procession that was following the Peace and Justice marchers.

On cross-examination, Salem asked who had taken the video. Simmons just said someone had sent it to her in confidence and that she could “testify to it being true and accurate.”

Simmons based her defense partly on the First Amendment to the U.S. Constitution, which provides for freedom of speech and freedom of assembly.

The harassment statute, after listing different types of harassment, ends with the statement, “This section is not intended to infringe upon any right guaranteed to any person by the first amendment to the United States constitution or to prevent the expression of any religious, political, or philosophical views.”

She said in her closing arguments that she was exercising her freedoms.

She also said she had not shown any intent to harass people.

Simmons admitted that there had been “some very unkind words expressed” to the Peace and Justice marchers, but compared herself to “someone in line at a bank when there’s a robbery,” saying she shouldn’t have been charged when not everyone was charged.

No extra rights

But in her closing arguments, Salem told the jury that the First Amendment “does not protect anyone from harassing anyone else,” adding, “Being a protester does not give you extra rights. . . to harass others.”

The question of whether following someone down the street with the intention of harassment could be considered an activity protected under the First Amendment led to long discussions at the bench (with the jury absent) prior to the closing arguments.

The prosecution raised concerns about statements included in the proposed jury instructions.

The instructions included typical things such as explanations of the jury’s duties, what information it could consider, and the process involved in deliberating and reaching a verdict.

But one instruction listing the elements of harassment included among them “that the defendant’s conduct was not legally authorized by the affirmative defense in Instruction 5.”

Instruction No. 5 said the statute “may not infringe upon any right guaranteed to any person by the first amendment to the United States constitution. . .”

Salem said that instruction was “irrelevant and distracting.”

“We do not believe it is the jury’s position to judge the constitutionality of the harassment statute,” she said.

Salem also disputed the validity of Instruction No. 6, which quoted the First Amendment in full.

Judge JenniLynn Lawrence said “the Constitution applies at all times” and “the facts of this case raise constitutional implications.”

In October 2021, Simmons had filed a motion to dismiss the case against her in which she had cited the language in the state statute saying “this section is not intended to infringe upon any right guaranteed. . . by the first amendment. . .”

The prosecution had countered that she was using “an affirmative defense,” which is basically saying that someone committed an illegal act but did so for a justifiable reason, as in self-defense.

The case against Simmons was not dismissed, but the prosecution filed another motion on Dec. 8 again asking the court not to allow the First Amendment to be used as a defense. The prosecution said acceptable affirmative defenses are specifically listed in the state statutes and “no affirmative defense under the First Amendment is listed.”

“The Court cannot simply create a defense at the request of a defendant – even a pro se one,” the prosecution wrote. (A pro se defendant is representing himself or herself.)

Lawrence denied that motion.

Verbal vs. physical

Lawrence did change some language in the jury instructions, but didn’t remove the parts about the First Amendment, nor an instruction that referred to the “right peaceably to assemble” listed under the Colorado constitution.

The jury’s deliberations took scarcely any longer than it had taken to read the jury instructions to them. The members returned in less than a half-hour with their finding that Simmons was not guilty.

Furse told the Free Press, “I have not seen jury instructions like this” and said he cannot recall another case in which the DA’s office in this district has filed an appeal based on jury instructions.

Furse noted that the harassment statute lists a number of different behaviors that constitute harassment. Some of them are verbal – such as directing language at someone in a manner intended to threaten bodily injury, or repeatedly insulting or taunting someone in a manner likely to provoke a violent or disorderly response.

Other listed behaviors that constitute harassment are physical, such as striking or shoving someone or following them.

Furse said the statement about not infringing upon First Amendment rights was intended to apply specifically to the verbal types of harassment.

There is a considerable amount of case law regarding what constitutes free speech vs. pure harassment, he said. The arguments aren’t about whether the physical actions listed as possible harassment constitute free speech, he said. “That’s where the trial court didn’t analyze information properly.”

Many of the arguments Simmons made in her own defense “were related to harassing speech,” Furse said, “but that’s not what we had in this case.”

After the jurors had announced their verdict, Lawrence thanked them for their service and told them they were now free to discuss the case with others.

She assured them that there would be consequences for anyone who verbally hassled them about their verdict.

Published in Breaking News

Is this an insensitive place?

By Gail Binkly

In January 2020, before the pandemic hit, Cortez made the national news because of controversy over what was being sold at a local retail outlet.

CNN, and later the New York Post and New York Daily News, reported on a local woman noticing replicas of old racist signs such as “Public Swimming Pool – White Only” being sold at a shop just outside the city. The owner said they were popular items.

In September of this year, Cortez made the national news again. “Political Divisions in Cortez, Colorado Got So Bitter the Mayor Needed a Mediator” read the headline on an article in the Wall Street Journal.

“. . . this community of 8,700 became racked by tensions over politics, race and Covid-19,” the WSJ stated, discussing conflicts between motorized parades by a group called the Montezuma County Patriots and silent sidewalk marches protesting the death of George Floyd at the hands of Minneapolis police.

The WSJ noted that some Patriots had more recently turned their attention to school-board meetings, where they “have railed against mask and vaccine mandates and teaching critical race theory in schools. . . . [The Montezuma-Cortez Re-1 school board] recently passed a resolution opposing critical race theory, which argues that America is historically and structurally skewed toward white people.”

Then, late in November, the Washington Post Magazine published an article by Austin Cope, a writer from Cortez, about the February 2021 recall of a member of the Re-1 school board, Lance McDaniel, over progressive posts he made on Facebook. The article did not focus on race, but it noted that the school board – which serves a district that is roughly half White, one quarter Latino, and a quarter Native American – is all White, and that many of McDaniel’s critics were Patriots.

It seems that Cortez and Montezuma County are being branded with the stigma of a racially insensitive place.

Is the bad reputation justified?

Locals say the answer is complex.

 

Sidestepping

“This area has its share of racism. I’d be lying if I said I didn’t ever experience it,” said Regina Lopez-Whiteskunk, a member of the Ute Mountain Ute Tribe who works as cross-cultural programs manager for the Montezuma Land Conservancy. She said she has lived in the county all but some 15 years of her life, and attended school in the Re-1 district.

She served on the school board from 2018 to 2019.

Lopez-Whiteskunk said the local political climate has grown increasingly hostile of late. “It seems like what we’ve tolerated and lived with over the years is becoming more blatant and in-your-face,” she told the Four Corners Free Press by phone. She cited the Patriots’ parades as an example.

“Many of us choose not to go into Cortez on Saturday at that time in the morning,” she said. “We do our best to sidestep it.”

She said the Four Corners, especially Southwest Colorado, has long been viewed as a somewhat backward area. “When I served on the school board, the first time I attended a statewide function of school-board members, I introduced myself and people said, ‘What’s it like to live there? How did you manage all those years?’

“And they’re right. It’s here. It’s just how we’re taught to deal with it. You identify people who align with you, your activities, your beliefs, and sidestep those that don’t. It’s how many of us have managed to navigate.”

Whiteskunk mentioned a function that took place on Oct. 10, 2020, at the Cortez Cultural Center’s outdoor plaza in honor of Indigenous Peoples Day. There were a number of Native speakers, including her. Members of the Montezuma County Patriots were invited to attend and some did, watching the speeches.

However, some Whites stood at the entrance to the plaza, displaying guns and making negative remarks.

“They were being a little pushy and a little scary. It wasn’t a friendly environment,” Lopez-Whiteskunk said. “One lady had her flag on a pole and she waved her flag in my face. I said, ‘I’m here because I was invited to speak.’ I felt my personal space was being invaded.”

She said many Natives are highly patriotic.

“My grandmother was a big supporter of the veterans, the VFW, and the Ladies Auxiliary in her community. My grandmother was a patriot. She would display a flag outside her house. She lived in Utah and had a red-white-and-blue license plate.

“I’ve had uncles who served in the military. We had one family member who didn’t return because he came upon explosives and came back in parts. It was hard watching this really strange twist of those values and it really made me think about what my values are and why.

“I had a hard time trying to see through the lens of those individuals that run the parade. What’s the point you’re trying to make? It seems to be freedom to display your weapons or wear a mask. The freedom I know of is to go where you want to within our country – men and women giving their lives to protect that.

“For generations Native Americans served in the military even when we weren’t recognized as citizens of this country.”

 

‘Least racist’

Lopez-Whiteskunk, a former co-chair for the Bears Ears Intertribal Coalition, which worked to secure the creation of Bears Ears National Monument in San Juan County, Utah, said that area also has some residents with biases and prejudices.

“You get the same sort of sentiment in Southeast Utah,” Lopez-Whiteskunk said. “I have no problem going into Bluff. When I go to Blanding and Monticello, I have to be careful.”

Ed Singer, Diné (Navajo), a painter who divides his time between Cortez and his home in Gray Mountain, Ariz., said he doesn’t believe Cortez is especially racist.

“I think it’s the least racist of all the border towns,” he said over lunch at Once Upon a Sandwich in downtown Cortez. “The closest to where I grew up was Flagstaff, and it’s easily 10 times worse.”

He mentioned an incident in Flagstaff when he was working to repair a vehicle and needed an auto part. He jumped into his other car to go into town.

He stopped to buy a cup of coffee at a coffee shop and the barista asked him in a hostile way, “What do YOU want?”

“I said, ‘Coffee – isn’t that what you sell here?’ I was treated horribly,” Singer recalled.

Another time he was refused service at a restaurant in Flagstaff and accused of being drunk when he was not, he said.

He hasn’t found Cortez to be as hostile, but he said he found it odd one time when he was sitting in the parking lot at a local gas station, reading an instruction manual, and a local schoolbus pulled into the lot, cut a little too close to him accidentally and struck his truck a glancing blow. The driver went into the convenience store for a coffee and Singer followed, telling him he’d hit his truck.

The police who responded were oddly skeptical, Singer said, saying the bus could not possibly have hit his truck because the bus’s bumper was too high. Singer said the bus had gone into a dip and then went up and down, striking the truck and causing visible damage. The officer said if Singer pursued this he would be arrested for filing a false report, Singer said. So he decided just to take the loss.

As a painter, he has studio space on Cortez’s Main Street that gives him a “front-row seat” through the window for the Saturday morning parades. “I thought it was pretty insane,” he said. “There were a lot of Trump and Confederate flags. I could see the merchants – which ones were supporters – they came out waving flags as well.”

 

Many cycles

Both Lopez-Whiteskunk and Singer said that the outrage and shock over the death of George Floyd was difficult for Native people to completely share because they are accustomed to injustice and bad treatment.

“In the Native community, it’s just another of many cycles,” Singer said. “The American Indian Movement was born in Minnesota at the time of the civil-rights movement as a result of the racism in Minnesota, so it’s not really a surprise that George Floyd got killed there. Natives used to have patrols to protect Native people and Native lives in certain parts of the Minnesota community where more Natives were in the population.”

Lopez-Whiteskunk echoed that feeling. “The fact that one incident could be propelled to mass-media coverage of national proportions, it’s hard for me to process,” she said. “I don’t know about other indigenous people throughout the country but that happens on our reservations all the time. It goes undocumented. This is the justice system we’ve been dealt with for generations.”

She noted that White people often brag about how long their families have been in the area, such as saying they’re “fourth-generation.”

“Indigenous people have been on these lands for eons, long before any colonizers showed up,” she said. “Our sense of time is tied to our origin stories.”

 

Basic character

Allen and Valerie Maez, who live in Lewis north of Cortez, acknowledge that wrongs were done to Native Americans, but don’t believe people of the past should be judged by modern standards.

Allen Maez is the chairman of the Montezuma County GOP, while his wife, Valerie, writes a conservative column in the Four Corners Free Press. They can frequently be found at Conservative Grounds, a hangout on Cortez’s Main Street for those on the right end of the political spectrum.

“I think it’s dangerous to put 2020 thinking into the 1820s,” Valerie said. “Were there atrocities? Sure. Some of the stories are bone-chilling.

“But it comes down to the times you live in. There are things that were acceptable once that aren’t now and you don’t want them to be. It comes back to your basic character. Who are you as a person?”

Allen said his family came into the area because the government was allowing people to homestead. “The lands were not occupied,” he said. “The Natives would ride back and forth hunting.

“My folks got along just fine with Native families.”

His family was “one of the only, if not the only, Hispanic families in Lewis,” he said. “One man asked me, ‘How can a Hispanic have so much land?’ and I said, ‘Because we have a work ethic.’”

Both Allen and Valerie Maez said they don’t believe racial divides are worse in this area than in other areas they have seen.

The United States is “on track to become a pretty integrated society,” Valerie said. “But I think some, not all, of the Black Lives Matter movement set us back. Pulling down statues, burning things down – nobody has any respect for that. Martin Luther King said you judge people by their character, not the color of their skin.”

Allen said there is bias in the local area, but not necessarily racism. “You can go anywhere and people will have a bias. It may not be because of color. It may be because they’re from ‘over there.’ Country kids vs. city kids. Poor people vs. people that have a bit more.”

The Maezes have not closely followed recent cases, such as the trial and acquittal of Kyle Rittenhouse on charges of murder for shooting BLM protesters in Kenosha, Wis. “Right now there’s so much information and trying to make things racist,” Allen said. “That’s why we don’t have TV. We try to read our news.”

“We’re probably in the 1 percent of Americans that don’t have TV,” Valerie concurred. She said she doesn’t think conflicts are as much about racism as people’s characters. “There are always people who are swine, and there’s not too much you can do about it. There are those people. They cross ethnic lines and nationalities.”

Valerie said she is not closely involved with the Patriots, but she is acquainted with some of them and believes they have been treated unfairly and harassed more than people realize.

 

‘Offensive’

The anger and divisions triggered by the Peace and Justice marches and the rides by the Montezuma County Patriots linger in the community. The Patriots are still making motorized appearances on Saturdays, though the Peace and Justice people ceased their marches after a year.

Cortez Mayor Mike Lavey, who was interviewed by the Denver Post and Wall Street Journal about the conflicts, said the Patriots seemed to have had an exaggerated response to the marches. He said he could understand people being upset about the burning and looting that occurred in other places, but nothing like that was happening in Cortez. Yet people carrying Black Lives Matter signs seemed to outrage the Patriots.

“They couldn’t see any difference between looters and burners, and people silently walking on the streets,” Lavey said.

Sherry Simmons, one of the organizers of the Patriot rallies, wrote in the Cortez Chronicles, a recently started online site offering conservative opinions and news, that the local BLM demonstrators were offensive to many people.

“The Black Lives Matter Movement began in June of 2020,” Simmons wrote. “It first began with protest on Montezuma Avenue. The Patriots ride began in April of 2020. Their paths crossed when the BLM protesters changed their venue to Main Street. It was shortly after this when dissent was visual. BLM carrying signs supporting such things as defunding the police, and posters stating ‘End White Supremacy,’ were something Cortez had not seen before.

“Cortez has always been a quiet little town in rural Colorado where racism seemed far off, where the community comes together for any need and for anyone, with no skin tone attached,” Simmons wrote. “It is part of a community where neighbors help neighbors, with children playing with other children and with people coming together for what ever need that may arise. The BLM protesters were offensive to many, some feeling personally insulted for they understood that they did not base anything on skin color. This is a community who honored Almighty God, Law Enforcement, our Veterans and America. Somewhere in the midst of the BLM protesting, a hate emerged for the American Flag and anyone who flew it.”

Simmons also wrote that people have cursed at the Patriots, thrown objects at them, and vandalized their cars and flags.

However, the only known incidents in which a group of people physically menaced demonstrators seemed to be directed at the BLM/Peace and Justice marchers. One incident on Jan. 2, 2021, resulted in harassment charges against six people. (July 2021 Free Press)

 

Racist image?

The flag issue that caused the most division, did not involve American flags but Confederate ones. Numerous participants in the Patriot rides, particularly in 2020, carried these symbols that date from the Civil War.

“They say it’s part of our history, but I’d say it’s an overt racist image,” Lavey said. “They’re doing it for the shock appeal. Some had flags that said ‘Fuck your feelings’ and ‘All Democrats are traitors.’ Some of the Patriot leaders invited council members to attend their meetings, but when they’re flying flags like that, why would I want to give them credibility?”

Allen Maez said the Southern flag was not meant in a racist way. “It was an expression for them, their rebellion,” he said. “Those folks felt that we have to rebel, and the Stars and Bars was something they saw as a symbol of rebelling against the attempts to take away freedom. It didn’t have anything to do with slavery. It was a symbol of ‘we have to fight for our freedom.’”

Valerie Maez added, “Most of the people around here have memories of Dukes of Hazzard [a TV show set in Georgia that often featured the Confederate flag]. It meant driving fast and beating the law. I don’t think people flying the Confederate flag is so much about defending slavery but about defending lost rights and freedom.”

The Confederate flag figured in an incident more than 16 years ago that prompted a meeting of the Colorado Civil Rights Commission in Cortez. On June 21, 2004, some visiting college students from Dillard University in Louisiana and the University of Colorado at Boulder were allegedly menaced by young local White men in a pickup flying the flag.

Then-Police Chief Roy Lane (who is now deceased) told the Free Press at the time that there may have been mutual name-calling between the groups, but the local teens then used their pickup to block the sidewalk in front of the guests.

“Were those kids [the visitors] scared? You bet they were and I don’t blame them,” Lane said.

Police broke up the incident and there was no violence. Lane said he thought any racial problems in the local area were caused by the actions of a very few people.

 

‘Kind of beautiful’

Dawn Robertson, who helped organize the Peace and Justice demonstrations, told the Free Press that she can’t say exactly what the message of the Patriot parades is.

“I think the amount of hysteria, vitriol and contempt that was shown against grandmothers holding up a love sign is pretty indicative of the energy here, the energy and the intention,” Robertson said. “Was it racism? I can’t say what the intention is in someone’s mind.”

Robertson, who comes from a rural town north of Boston, has traveled extensively in Europe as well as to Turkey, Egypt, and Mexico. As an AmeriCorps volunteer, she moved to Cortez from California as the demonstrations were beginning.

Her critics have labeled her an outside agitator looking to foment trouble, but it was reportedly Sylvia Clahchischilli, Diné (Navajo), who began the marches. Robertson and several other people took over after Clahchiscilli stepped aside because of concerns about COVID.

Robertson identifies herself as mixed-race, with an African-American father and a White (Scottish and English) mother. She has a degree in history.

She has not been closely involved in political activity of late, but is working as marketing coordinator for the Southwest Farm Fresh Cooperative in Cortez.

Robertson said she has never been any place during her extensive travels where racism doesn’t exist. However, in Europe the countries are so small and there is such a variety of cultures that “plurality is understood,” she said.

“In a general sense, everyone’s been on top and on the bottom in Europe at some point so there’s a more mature approach to nationalism, although this is a huge generalization on my part. Germany has been at the top and then at the bottom – they all have. People with a healthy heart and mind are capable of thinking, ‘Being Greek is amazing but I don’t have to be the best at everything.’”

But, though things are somewhat different in the United States, she has praise for this country. “I think it’s kind of beautiful that the United States is holding itself to a standard that is higher than where it’s at now. The United States is unique.”

She said she feels she is even more patriotic than some locals because “I’ve been abroad and I came back.”

Ascertaining whether someone’s behavior is racist is difficult because there is no agreed-upon definition of racism. “People who study diversity have said racism inherently comes from the people in power, and use the term ‘bias’ for others,” she said.

In the demonstrations she organized, participants were told to be silent. “I started every walk with a talk about how ‘this is the service you are going to do for marginalized people, allowing that hate to roll over you.’”

The one time a participant in a march ran into the street and tried to pull a Patriot off a motorcycle, he was publicly dismissed and never allowed to take part in another Peace and Justice walk, she noted.

She said she reached out to the Patriots’ organizers but they refused to talk with her, though they were willing to talk to other, White march organizers. “Is that racism? I think calling someone a racist is a nonstarter,” Robertson said.

After one walk, she said, someone followed her around town with a Confederate flag, “a flag that symbolizes slavery.”

“I don’t think it’s a stretch to say it’s ill will and intimidation.”

 

On the alert

The message of those flags has raised questions in a number of people, including Montezuma County Sheriff Steve Nowlin. “I don’t even think those that had them knew what the heck they meant,” he said.

Nowlin, who has spent 45 years as a peace officer and seven years as the county’s sheriff, told the Free Press the sheriff’s office has not seen many incidents that involved racial disputes. “We have so many different cultures, and so many people are of mixed cultures,” he said. “We always are on the alert for any type of racial situations.”

Recently, he said, some signs were put up in front of a former business with “some very racial slang words,” Nowlin said.

“That is a crime. We shut that down right away and educated that individual, and so far there has been nothing else there.

“Freedom of speech is fine if it’s not a violation of a person’s civil or constitutional rights.”

Nowlin said local law officers have frequent cultural and anti-bias trainings.

“We just don’t see it [racist activity] here. I know it exists in certain places. I don’t condone any of it. I have a good relationship with Southern Utes, Ute Mountain Utes, Navajos, and Hispanics. I have a lot of friends of many different races.” (He noted that there are not many Black people in Montezuma County. According to U.S. Census figures, the Black population here is just 0.5 percent.)

But Nowlin said there certainly are people in this community with biases, and prejudice can be held by people of any race.

After the killing of George Floyd, Nowlin said, he identified several people coming to local vigils who were outsiders associated with the Antifa movement. “I stepped in,” he said. “I said, ‘Your mask doesn’t hide who you are.’ It was just me explaining this is not a racial-bias community. There are people who have those biases or prejudices but they are not allowed to do things that would be unlawful. You can draw a line in the sand and make sure they don’t cross it.”

Nowlin said people should learn their history. “I can’t change Manifest Destiny or the treatment of indigenous people – I wasn’t there,” he said. “We can’t change the past but we can learn from it and prevent the bad things from happening again. History does matter.”

He says he has a calendar with historical photos, one of which particularly affects him. It shows a group of Utes surrounded by Western-attired people. “The looks on the Utes’ faces told the story,” he said. “I can just see the pain. It was the end of an era.”

But he is hopeful about the future. “I’m in schools all the time. The younger generation – they really get along and I think that’s maybe a seed for hope.”

 

White pride

Robertson shared Nowlin’s sentiments about learning history. Despite the fact that that was her major, until a year ago she knew nothing about Native American children being dragged to boarding schools and frequently abused, she said.

“There are many reasons why Native Americans would not like the 2020 protests or feel affinity with them,” she said. “Non-Native Americans need to wake up.”

But Native Americans have something that Black African-Americans do not, she said – a tie to the land. Blacks were brought here as chattel. Even after they were finally released, they weren’t welcomed into the society.

Native Americans – those that were left after tribes were decimated – still have an identity and roots they can draw from, she said. “Which is healthy. But Black America always has to assert stuff vs. White America because there was no Black America first.”

Robertson said she thinks White people are struggling to find a way to maintain pride in their heritage. “They are trying to cling to a White pride that is clean, and they don’t know how to do it. I think it’s important to have some White pride. It’s a core part of a healthy ego to have an identity.”

 

‘All the same’

Despite the conflicts and divisions, most of the people interviewed expressed cautious optimism about the future.

“I think cell phones with video cameras may be the end of racism,” said Singer.

Many people who come into Conservative Grounds are not White but of other races, Valerie Maez said. “It gives me great hope that we can reach people. Maybe we’ll come together.”

Lopez-Whiteskunk said all human beings have much in common.

“At the end of the day, we are all the same. We walk on Mother Earth, we drink water, we breathe air. It’s an honor to be able to do that, especially in this place where we have open space and such a beautiful location. There’s so much to be grateful for. It’s useless to spend your time being angry and ungrateful.”

 

 

Published in Breaking News

World Toilet Day: Skip to my loo

Did you know that the first toilet was a royal flush?

In 1596 Sir John Harrington, a member of Queen Elizabeth I’s court, invented the first flush toilet. It took nearly 200 years be­fore Alexander Cumming received the first patent for a toilet. In 1775 he added the S-pipe which allows water to stay in the bowl, thereby reducing odors.

Before that, doing your business was often a crappy experience.

Toilets have come a long way since then and yet more than 2.4 billion people today still do not have toilets! In fact, a United Na­tions report found that more people own cell phones than a toilet.

To bring attention to the lack of bath­room facilities, the United Nations, in 2013, named Nov. 19 as World Toilet Day.

Now, as far as holidays go, World Toilet Day can you leave you feeling down in the dumps. After all, there are no parties, turkeys or gifts exchanged.

Santa doesn’t slide down your chimney to use the john.

But if he did, he’d likely find that the toilet seat is the cleanest spot in the bathroom. Be­fore you poo-poo that idea, consider: That’s because most people make sure the seat is clean before they sit down, explained Uni­versity of Arizona mi­crobiologist Charles Gerba. (Another clean spot in the toilet is the door handle, because germs can’t survive for long on cold, dry surfaces.)

Here’s a tip: if you use a public restroom, the first cubicle is usually the cleanest. That’s because most people want privacy and are more likely to use a stall further from the door.

In 2013 a British magazine claimed that the average uncleaned laptop or smartphone had 600 units of bacteria on it, compared to just 20 units on a toilet seat.

As for the cleaner sex, it’s women. A 2010 study found that 93 percent of women wash their hands after using the toilet, compared to only 77 percent of men. Great Scott!

By the way, separate bathrooms for men and women were first offered in Paris, in 1739.

Did you know that the average person uses the loo about 2,500 times a year, and spends about 20 minutes a day indis­posed. That means that in an average lifespan of 80 years, a person spends more than 13 months worth of time on the toi­let. (Even longer if you bring a good book with you!)

The first communal latrine was discov­ered in Argentina and dates back 240 million years. It was apparently the dumping ground for large rhino-like dinosaurs.

Just in case you like to flush money away, an Australian company offers for sale a toi­let-paper roll made of 22-carat gold. One can be yours for the low, low price of just $1.4 million.

John Christian Hopkins lives in Sanders, Ariz., with his wife, Sararesa. He is a veteran journalist – but never an enemy of the peo­ple – and a former nation­ally syndicated columnist for Gannett News Service. He is the author of many books, including “Carlomagno: Ad­ventures of the Pirate Prince of the Wampanoag.” He is a member of the Narragan­sett Indian Tribe of Rhode Island.

Published in John Christian Hopkins

Is our area insensitive?: The region is drawing national attention, for negative reasons

Peace and Justice marchers walk along Cortez’s Main Street in September 2020.

Peace and Justice marchers walk along Cortez’s Main Street in September 2020. Photo by Gail Binkly.

In January 2020, before the pandemic hit, Cortez made the national news because of controversy over what was being sold at a local retail outlet.

CNN, and later the New York Post and New York Daily News, reported on a local woman noticing replicas of old racist signs such as “Public Swimming Pool – White Only” be­ing sold at a shop just outside the city. The owner said they were popular items.

In September of this year, Cortez made the national news again. “Political Divisions in Cortez, Colorado Got So Bitter the Mayor Needed a Mediator” read the headline on an article in the Wall Street Journal.

“. . . this community of 8,700 became racked by tensions over politics, race and Covid-19,” the WSJ stated, discussing con­flicts between motorized parades by a group called the Montezuma County Patriots and silent sidewalk marches protesting the death of George Floyd at the hands of Minneapo­lis police.

The WSJ noted that some Patriots had more recently turned their attention to school-board meetings, where they “have railed against mask and vaccine mandates and teaching critical race theory in schools. . . . [The Montezuma-Cortez Re-1 school board] recently passed a resolution opposing critical race theory, which argues that Amer­ica is historically and structurally skewed to­ward white people.”

Then, late in November, the Washington Post Magazine published an article by Austin Cope, a writer from Cortez, about the Feb­ruary 2021 recall of a member of the Re-1 school board, Lance McDaniel, over pro­gressive posts he made on Facebook. The article did not focus on race, but it noted that the school board – which serves a dis­trict that is roughly half White, one quarter Latino, and a quarter Native American – is all White, and that many of McDaniel’s crit­ics were Patriots.

It seems that Cortez and Montezuma County are being branded with the stigma of a racially insensitive place.

Is the bad reputation justified?

Locals say the answer is complex.

Sidestepping

“This area has its share of racism. I’d be lying if I said I didn’t ever experience it,” said Regina Lopez-Whiteskunk, a member of the Ute Mountain Ute Tribe who works as cross-cultural programs manager for the Montezuma Land Conservancy. She said she has lived in the county all but some 15 years of her life, and attended school in the Re-1 district.

She served on the school board from 2018 to 2019.

Lopez-Whiteskunk said the local political climate has grown increasingly hos­tile of late. “It seems like what we’ve tolerated and lived with over the years is becom­ing more blatant and in-your-face,” she told the Four Corners Free Press by phone. She cited the Patriots’ parades as an ex­ample.

“Many of us choose not to go into Cortez on Sat­urday at that time in the morning,” she said. “We do our best to side­step it.”

She said the Four Corners, especially Southwest Colorado, has long been viewed as a somewhat backward area. “When I served on the school board, the first time I attended a statewide function of school-board members, I introduced myself and people said, ‘What’s it like to live there? How did you manage all those years?’

“And they’re right. It’s here. It’s just how we’re taught to deal with it. You identify peo­ple who align with you, your activities, your beliefs, and sidestep those that don’t. It’s how many of us have managed to navigate.”

Whiteskunk mentioned a function that took place on Oct. 10, 2020, at the Cortez Cultural Center’s outdoor plaza in honor of Indigenous Peoples Day. There were a number of Native speakers, including her. Members of the Montezuma County Pa­triots were invited to attend and some did, watching the speeches.

However, some Whites stood at the en­trance to the plaza, displaying guns and mak­ing negative remarks.

“They were being a little pushy and a lit­tle scary. It wasn’t a friendly environment,” Lopez-Whiteskunk said. “One lady had her flag on a pole and she waved her flag in my face. I said, ‘I’m here because I was invited to speak.’ I felt my personal space was being invaded.”

She said many Natives are highly patriotic.

“My grandmother was a big supporter of the veterans, the VFW, and the Ladies Auxil­iary in her community. My grandmother was a patriot. She would display a flag outside her house. She lived in Utah and had a red-white-and-blue license plate.

“I’ve had uncles who served in the mili­tary. We had one family member who didn’t return because he came upon explosives and came back in parts. It was hard watching this really strange twist of those values and it re­ally made me think about what my values are and why.

“I had a hard time trying to see through the lens of those individuals that run the pa­rade. What’s the point you’re trying to make? It seems to be freedom to display your weap­ons or wear a mask. The freedom I know of is to go where you want to within our country – men and women giving their lives to protect that.

“For generations Native Americans served in the military even when we weren’t recog­nized as citizens of this country.”

‘Least racist’

Lopez-Whiteskunk, a former co-chair for the Bears Ears Intertribal Coalition, which worked to secure the creation of Bears Ears National Monument in San Juan County, Utah, said that area also has some residents with biases and prejudices.

“You get the same sort of sentiment in Southeast Utah,” Lopez-Whiteskunk said. “I have no problem going into Bluff. When I go to Blanding and Monticello, I have to be careful.”

Ed Singer, Diné (Navajo), a painter who divides his time between Cortez and his home in Gray Mountain, Ariz., said he doesn’t believe Cortez is especially racist.

“I think it’s the least racist of all the border towns,” he said over lunch at Once Upon a Sandwich in downtown Cortez. “The clos­est to where I grew up was Flagstaff, and it’s easily 10 times worse.”

He mentioned an incident in Flagstaff when he was working to repair a vehicle and needed an auto part. He jumped into his other car to go into town.

He stopped to buy a cup of coffee at a coffee shop and the barista asked him in a hostile way, “What do YOU want?”

“I said, ‘Coffee – isn’t that what you sell here?’ I was treated horribly,” Singer recalled.

Another time he was refused service at a restaurant in Flagstaff and accused of being drunk when he was not, he said.

He hasn’t found Cortez to be as hos­tile, but he said he found it odd one time when he was sitting in the parking lot at a local gas station, reading an instruction manual, and a local school­bus pulled into the lot, cut a little too close to him accidentally and struck his truck a glanc­ing blow. The driver went into the convenience store for a coffee and Singer fol­lowed, telling him he’d hit his truck.

The po­lice who responded were oddly skeptical, Singer said, saying the bus could not possibly have hit his truck because the bus’s bumper was too high. Singer said the bus had gone into a dip and then went up and down, striking the truck and causing visible damage. The officer said if Singer pursued this he would be arrested for filing a false report, Singer said. So he decided just to take the loss.

As a painter, he has studio space on Cor­tez’s Main Street that gives him a “front-row seat” through the window for the Saturday morning parades. “I thought it was pretty in­sane,” he said. “There were a lot of Trump and Confederate flags. I could see the mer­chants – which ones were supporters – they came out waving flags as well.”

Many cycles

Both Lopez-Whiteskunk and Singer said that the outrage and shock over the death of George Floyd was difficult for Native people to completely share because they are accus­tomed to injustice and bad treatment.

“In the Native community, it’s just another of many cycles,” Singer said. “The American Indian Movement was born in Minnesota at the time of the civil-rights movement as a result of the racism in Minnesota, so it’s not really a surprise that George Floyd got killed there. Natives used to have patrols to pro­tect Native people and Native lives in certain parts of the Minnesota community where more Natives were in the population.”

Lopez-Whiteskunk echoed that feeling. “The fact that one incident could be pro­pelled to mass-media coverage of national proportions, it’s hard for me to process,” she said. “I don’t know about other indigenous people throughout the country but that hap­pens on our reservations all the time. It goes undocumented. This is the justice system we’ve been dealt with for generations.”

She noted that White people often brag about how long their families have been in the area, such as saying they’re “fourth-gen­eration.”

“Indigenous people have been on these lands for eons, long before any colonizers showed up,” she said. “Our sense of time is tied to our origin stories.”

Basic character

Allen and Valerie Maez, who live in Lewis north of Cortez, acknowledge that wrongs were done to Native Americans, but don’t believe people of the past should be judged by modern standards.

Allen Maez is the chairman of the Mont­ezuma County GOP, while his wife, Valerie, writes a conservative column in the Four Cor­ners Free Press. They can frequently be found at Conservative Grounds, a hangout on Cor­tez’s Main Street for those on the right end of the political spectrum.

“I think it’s dangerous to put 2020 think­ing into the 1820s,” Valerie said. “Were there atrocities? Sure. Some of the stories are bone-chilling.

“But it comes down to the times you live in. There are things that were acceptable once that aren’t now and you don’t want them to be. It comes back to your basic char­acter. Who are you as a person?”

Allen said his family came into the area because the government was allowing peo­ple to homestead. “The lands were not occu­pied,” he said. “The Natives would ride back and forth hunting.

“My folks got along just fine with Native families.”

His family was “one of the only, if not the only, Hispanic families in Lewis,” he said. “One man asked me, ‘How can a Hispanic have so much land?’ and I said, ‘Because we have a work ethic.’”

Both Allen and Valerie Maez said they don’t believe racial divides are worse in this area than in other areas they have seen.

The United States is “on track to become a pretty integrated society,” Valerie said. “But I think some, not all, of the Black Lives Matter movement set us back. Pulling down statues, burning things down – nobody has any respect for that. Martin Luther King said you judge people by their character, not the color of their skin.”

Allen said there is bias in the local area, but not necessarily racism. “You can go any­where and people will have a bias. It may not be because of color. It may be because they’re from ‘over there.’ Country kids vs. city kids. Poor people vs. people that have a bit more.”

The Maezes have not closely followed recent cases, such as the trial and acquittal of Kyle Rittenhouse on charges of murder for shooting BLM protesters in Kenosha, Wis. “Right now there’s so much informa­tion and trying to make things racist,” Allen said. “That’s why we don’t have TV. We try to read our news.”

“We’re probably in the 1 percent of Amer­icans that don’t have TV,” Valerie concurred. She said she doesn’t think conflicts are as much about racism as people’s characters. “There are always people who are swine, and there’s not too much you can do about it. There are those people. They cross ethnic lines and nationalities.”

Valerie said she is not closely involved with the Patriots, but she is acquainted with some of them and believes they have been treated unfairly and harassed more than peo­ple realize.

‘Offensive’

The anger and divisions triggered by the Peace and Justice marches and the rides by the Montezuma County Patriots linger in the community. The Patriots are still mak­ing motorized appearances on Saturdays, though the Peace and Justice people ceased their marches after a year.

MIKE AND GAIL LAVEY

Cortez Mayor Mike Lavey and his wife, Gail, shown here in the Carpenter Natural Area. The mayor worries that the divides in Cortez are harming local businesses. Photo by Gail Binkly.

Cortez Mayor Mike Lavey, who was in­terviewed by the Denver Post and Wall Street Journal about the conflicts, said the Patriots seemed to have had an exaggerated response to the marches. He said he could understand people being upset about the burning and looting that occurred in other places, but nothing like that was happening in Cortez. Yet people carrying Black Lives Matter signs seemed to outrage the Patriots.

“They couldn’t see any difference between looters and burners, and people silently walking on the streets,” Lavey said.

Sherry Simmons, one of the organizers of the Patriot rallies, wrote in the Cortez Chronicles, a recently started online site offer­ing conservative opinions and news, that the local BLM demonstrators were offensive to many people.

“The Black Lives Matter Movement began in June of 2020,” Simmons wrote. “It first began with protest on Montezuma Avenue. The Patriots ride began in April of 2020. Their paths crossed when the BLM protest­ers changed their venue to Main Street. It was shortly after this when dissent was vi­sual. BLM carrying signs supporting such things as defunding the police, and posters stating ‘End White Supremacy,’ were some­thing Cortez had not seen before.

“Cortez has always been a quiet little town in rural Colorado where racism seemed far off, where the community comes together for any need and for anyone, with no skin tone attached,” Simmons wrote. “It is part of a community where neighbors help neighbors, with children playing with other children and with people coming together for what ever need that may arise. The BLM protesters were offensive to many, some feeling personally insulted for they under­stood that they did not base anything on skin color. This is a community who honored Al­mighty God, Law Enforcement, our Veter­ans and America. Somewhere in the midst of the BLM protesting, a hate emerged for the American Flag and anyone who flew it.”

Simmons also wrote that people have cursed at the Patriots, thrown objects at them, and vandalized their cars and flags.

However, the only known incidents in which a group of people physically menaced demon­strators seemed to be directed at the BLM/Peace and Justice marchers. One incident on Jan. 2, 2021, resulted in harassment charges against six people. (July 2021 Free Press)

Racist image?

The flag issue that caused the most divi­sion, did not involve American flags but Confederate ones. Numerous participants in the Patriot rides, particularly in 2020, carried these symbols that date from the Civil War.

“They say it’s part of our history, but I’d say it’s an overt racist image,” Lavey said. “They’re doing it for the shock appeal. Some had flags that said ‘Fuck your feelings’ and ‘All Democrats are traitors.’ Some of the Pa­triot leaders invited council members to at­tend their meetings, but when they’re flying flags like that, why would I want to give them credibility?”

A sign at one of Cortez’s many demonstrations.

A sign at one of Cortez’s many demonstrations.

Allen Maez said the Southern flag was not meant in a racist way. “It was an expression for them, their rebellion,” he said. “Those folks felt that we have to rebel, and the Stars and Bars was something they saw as a sym­bol of rebelling against the attempts to take away freedom. It didn’t have anything to do with slavery. It was a symbol of ‘we have to fight for our freedom.’”

Valerie Maez added, “Most of the people around here have memories of Dukes of Hazzard [a TV show set in Georgia that of­ten featured the Confederate flag]. It meant driving fast and beating the law. I don’t think people flying the Confederate flag is so much about defending slavery but about defending lost rights and freedom.”

The Confederate flag figured in an inci­dent more than 16 years ago that prompt­ed a meeting of the Colorado Civil Rights Commission in Cortez. On June 21, 2004, some visiting college students from Dillard University in Louisiana and the University of Colorado at Boulder were allegedly men­aced by young local White men in a pickup flying the flag.

Then-Police Chief Roy Lane (who is now deceased) told the Free Press at the time that there may have been mutual name-calling between the groups, but the local teens then used their pickup to block the sidewalk in front of the guests.

“Were those kids [the visitors] scared? You bet they were and I don’t blame them,” Lane said.

Police broke up the incident and there was no violence. Lane said he thought any racial problems in the local area were caused by the actions of a very few people.

‘Kind of beautiful’

Dawn Robertson, who helped organize the Peace and Justice demonstrations, told the Free Press that she can’t say exactly what the message of the Patriot parades is.

“I think the amount of hysteria, vitriol and contempt that was shown against grand­mothers holding up a love sign is pretty indicative of the energy here, the energy and the intention,” Robertson said. “Was it racism? I can’t say what the intention is in someone’s mind.”

The Montezuma County Patriots drive along Main Street in Cortez on a Saturday morning in 2020.

The Montezuma County Patriots drive along Main Street in Cortez on a Saturday morning in 2020. Photo by Gail Binkly.

Robertson, who comes from a rural town north of Boston, has traveled extensively in Europe as well as to Turkey, Egypt, and Mexico. As an AmeriCorps volunteer, she moved to Cortez from California as the demonstrations were beginning.

Her critics have labeled her an outside agi­tator looking to foment trouble, but it was reportedly Sylvia Clahchischilli, Diné (Nava­jo), who began the marches. Robertson and several other people took over after Clah­chiscilli stepped aside because of concerns about COVID.

Robertson identi­fies herself as mixed-race, with an African-American father and a White (Scottish and English) mother. She has a degree in his­tory.

She has not been closely involved in political activity of late, but is working as marketing coordinator for the Southwest Farm Fresh Cooperative in Cortez.

Robertson said she has never been any place during her extensive travels where rac­ism doesn’t exist. However, in Europe the countries are so small and there is such a variety of cultures that “plurality is under­stood,” she said.

“In a general sense, everyone’s been on top and on the bottom in Europe at some point so there’s a more mature approach to nationalism, although this is a huge general­ization on my part. Germany has been at the top and then at the bottom – they all have. People with a healthy heart and mind are capable of thinking, ‘Being Greek is amaz­ing but I don’t have to be the best at every­thing.’”

But, though things are somewhat dif­ferent in the United States, she has praise for this country. “I think it’s kind of beautiful that the United States is holding itself to a standard that is higher than where it’s at now. The United States is unique.”

She said she feels she is even more pa­triotic than some locals because “I’ve been abroad and I came back.”

Ascertaining whether someone’s behav­ior is racist is difficult because there is no agreed-upon definition of racism. “People who study diversity have said racism inher­ently comes from the people in power, and use the term ‘bias’ for others,” she said.

In the demonstrations she organized, par­ticipants were told to be silent. “I started ev­ery walk with a talk about how ‘this is the service you are going to do for marginalized people, allowing that hate to roll over you.’”

The one time a participant in a march ran into the street and tried to pull a Patriot off a motorcycle, he was publicly dismissed and never allowed to take part in another Peace and Justice walk, she noted.

She said she reached out to the Patriots’ organizers but they refused to talk with her, though they were willing to talk to other, White march organizers. “Is that racism? I think calling someone a racist is a nonstart­er,” Robertson said.

After one walk, she said, someone fol­lowed her around town with a Confederate flag, “a flag that symbolizes slavery.”

“I don’t think it’s a stretch to say it’s ill will and intimidation.”

On the alert

The message of those flags has raised questions in a number of people, including Montezuma County Sheriff Steve Nowlin. “I don’t even think those that had them knew what the heck they meant,” he said.

Nowlin, who has spent 45 years as a peace officer and seven years as the county’s sher­iff, told the Free Press the sheriff’s office has not seen many incidents that involved racial disputes. “We have so many different cul­tures, and so many people are of mixed cul­tures,” he said. “We always are on the alert for any type of racial situations.”

Recently, he said, some signs were put up in front of a former business with “some very racial slang words,” Nowlin said.

“That is a crime. We shut that down right away and educated that individual, and so far there has been nothing else there.

“Freedom of speech is fine if it’s not a violation of a person’s civil or constitutional rights.”

Nowlin said local law officers have fre­quent cultural and anti-bias trainings.

“We just don’t see it [racist activity] here. I know it exists in certain places. I don’t con­done any of it. I have a good relationship with Southern Utes, Ute Mountain Utes, Na­vajos, and Hispanics. I have a lot of friends of many different races.” (He noted that there are not many Black people in Mont­ezuma County. According to U.S. Census figures, the Black population here is just 0.5 percent.)

But Nowlin said there certainly are people in this community with biases, and prejudice can be held by people of any race.

After the killing of George Floyd, Nowlin said, he identified several people coming to local vigils who were outsiders associated with the Antifa movement. “I stepped in,” he said. “I said, ‘Your mask doesn’t hide who you are.’ It was just me explaining this is not a racial-bias community. There are people who have those biases or prejudices but they are not allowed to do things that would be unlawful. You can draw a line in the sand and make sure they don’t cross it.”

Nowlin said people should learn their his­tory. “I can’t change Manifest Destiny or the treatment of indigenous people – I wasn’t there,” he said. “We can’t change the past but we can learn from it and prevent the bad things from happening again. History does matter.”

He says he has a calendar with historical photos, one of which particularly affects him. It shows a group of Utes surrounded by Western-attired people. “The looks on the Utes’ faces told the story,” he said. “I can just see the pain. It was the end of an era.”

But he is hopeful about the future. “I’m in schools all the time. The younger genera­tion – they really get along and I think that’s maybe a seed for hope.”

White pride

Robertson shared Nowlin’s sentiments about learning history. Despite the fact that that was her major, until a year ago she knew nothing about Native American children being dragged to boarding schools and fre­quently abused, she said.

“There are many reasons why Native Americans would not like the 2020 protests or feel affinity with them,” she said. “Non-Native Americans need to wake up.”

But Native Americans have something that Black African-Americans do not, she said – a tie to the land. Blacks were brought here as chattel. Even after they were finally released, they weren’t welcomed into the so­ciety.

Native Americans – those that were left after tribes were decimated – still have an identity and roots they can draw from, she said. “Which is healthy. But Black America always has to assert stuff vs. White America because there was no Black America first.”

Robertson said she thinks White people are struggling to find a way to maintain pride in their heritage. “They are trying to cling to a White pride that is clean, and they don’t know how to do it. I think it’s important to have some White pride. It’s a core part of a healthy ego to have an identity.”

‘All the same’

Despite the conflicts and divisions, most of the people interviewed expressed cau­tious optimism about the future.

“I think cell phones with video cameras may be the end of racism,” said Singer.

Many people who come into Conservative Grounds are not White but of other races, Valerie Maez said. “It gives me great hope that we can reach people. Maybe we’ll come together.”

Lopez-Whiteskunk said all human beings have much in common.

“At the end of the day, we are all the same. We walk on Mother Earth, we drink water, we breathe air. It’s an honor to be able to do that, especially in this place where we have open space and such a beautiful loca­tion. There’s so much to be grateful for. It’s useless to spend your time being angry and ungrateful.”

Published in December 2021

Simmons acquitted on harassment charge

Acting with lightning speed, a jury of six acquitted Cortez resident Sherry Simmons on Friday, Dec. 10, of a misdemeanor charge of harassment.
Reading the jury instructions, which heavily emphasized First Amendment rights, almost took longer than the quarter-hour or less it took the jurors to find that Simmons had not been harassing Peace and Justice demonstrators in Cortez on Jan. 2.
Simmons, who represented herself, spoke in her own defense on Friday morning.
She said that she did indeed hear “harsh and unkind words” spoken to the Peace and Justice demonstrators on Jan. 2, but that she had asked the Montezuma County Patriots not to use the “F word,” although many did.
She also played a lengthy audiotape of an interview between then-Cortez Police Officer Steven King and Patty Coen, who had been at the demonstrations in downtown Cortez on Jan. 2 carrying canisters of wasp spray and bear spray.
Coen was never called as a witness in Simmons’ trial and was not involved in the incident where harassment was alleged, and the relevance of the audiotape was unclear.
Simmons, one of the main organizers of the Montezuma County Patriots, was one of six individuals charged with harassment for an incident on Jan. 2 in which Patriots allegedly confronted and hounded five Peace and Justice demonstrators on Cortez’s Main Street, yelling insults and using foul language.
Simmons was the only one who chose to take the case to trial.
The six people and perhaps a dozen others followed the five demonstrators closely for several blocks as the Peace and Justice group walked back to St. Barnabas Church, which was their starting point. The act of following was the actual basis of the harassment charges. A videotape of the incident clearly showed them following.
The other five people charged – one of whom was reportedly not a member of the Patriots – earlier this year accepted deferments in their cases, meaning they acknowledged wrongdoing without actually entering a guilty plea.
As part of the deferments, they paid fees and agreed to write letters of apology.
Cortez Mayor Mike Lavey, Colorado State Patrol Trooper Steven King (who was a Cortez police officer in January), and Raleigh Cato, one of the Peace and Justice organizers, all were called by the prosecution and testified on Thursday.
Published in Breaking News

I, me, me, mine

One word might come to mind as you read Sagebrush Empire, Jonathan P. Thomp­son’s fascinating analysis of the cultural and political battles in Utah’s San Juan County.

SAGEBRUSH EMPIRE: HOW A RMEOTE UTAH COUNTY BECAME THE BATTLEFRONT OF AMERICAN PUBLIC LANDSThat word is mine. Not mine as in uranium mining, but mine like a two-year-old grabbing a toy from a big brother. Mine, mine, mine, mine, mine.

Everybody’s got a claim, as the ongoing, multi-layered fight over the Bears Ears Na­tional Monument demonstrates.

Who has a right to land? Who gets to build a road? Who has a right to put up a fence? Who determines what needs protect­ing? What are those protections designed to guard against? Who is enforcing those pro­tections? Can’t we all, to coin a phrase, just get along?

Thompson starts with a perfect case, an em­blematic moment that you might think would be chalked up to inno­cent mistake but some­how turned into a nasty legal showdown between a cattle rancher and a couple of visitors pass­ing through San Juan County. They closed a gate! Was it malicious? Was it intentional? In our hair-trigger nation, the accusations flew. So did the lawsuits. Over, yes, a gate.

San Juan County is Thompson’s microcosm for all the “sagebrush rebellion” battles across the western United States. It’s a county he knows intimately. Originally from Durango, Thompson had explored San Juan County with family and friends on a fairly relentless basis since he was a youth. “I grew up on the Colorado side of the line,” he writes. “But I was brought up as a resident of the entire region, state lines be damned.”

As Thompson did with River of Lost Souls, his account of the 2015 Gold King disaster above Silverton, he turns Sagebrush Empire into a mix of history, personal adventure, reporting, and straight-up commentary. The book is a mosaic. Thompson details the Mormon expansion to southwest Utah, along with the harrowing journey down the 1,000-foot drop known as Hole-in-the-Rock and across the Colorado River. He writes about the legal complexities of pothunting and Kit Carson’s reign of terror against Na­tive American tribes. Thompson layers back­ground and history with tales of his own journeys across the land – harrowing hikes and a rafting trip through wind and dust storms on the San Juan River, often told with a great deal of self-deprecating humor. The history sections are a snap to follow, the adventures are a blast to read. We see both the rugged beauty and all the impacted layers of politics and attitudes that have come to bear on the county.

Everywhere he turns, Thompson finds people who are oppressed—or feel oppressed, victim­ized, hampered, and hindered by rules, signs, roads, fences, regula­tions, or the big old bad bureaucrats in Washing­ton, D.C. Complaints are as common as dusty roads. And, no surprise, debates rage within fac­tions over the appro­priate tactics for fighting back. Thompson takes us up close and personal on a hair-rais­ing protest as ATVs roar across precious, sa­cred Native American grounds. And he takes us into the thicket of local politics as some in San Juan County link arms with Cliven Bundy, the notorious “rebel” who chooses to believe that the federal government lacks the authority to manage BLM land and who would rather point guns at authorities than pay a modest grazing fee.

“The folks of San Juan County have been in backlash mode nearly since the day that the Hole-in -the-Rock expedition arrived in 1880,” writes Thompson. “They lashed back at the land that beat and battered them and washed out their crops and ditches; they lashed back when the feds tried to turn the county into a reservation for the Utes and when thousands of greedy Gentiles de­scended on the place in order to get at the gold in the river’s banks; they lashed back at forest reserves, at national monuments, at grazing restrictions, at road closures, at en­vironmental policies. The sagebrush rebel­lion, a reactionary, backlashing move­ment by definition, constantly has raged in this little corner of Canyon Country for well over a century.”

In early October, President Biden an­nounced that he was restoring the original 1.36 million acres of Bears Ears National Monument, reversing President Trump’s or­der to scale it back by 85 percent. If you just finished reading Sagebrush Empire when that news broke, as I did, you would know that this announcement does nothing to end the debates or lower tensions. Not hardly.

Mark Stevens is the author of The Allison Coil Mystery Series. Book three in the series, Trapline, won the Colo­rado Book Award for Best Mystery. Stevens also hosts the Rocky Mountain Writer podcast for Rocky Mountain Fiction Writers. He lives in Mancos, Colo.

Published in Prose and Cons

So it goes

This year’s school board elections in Montezuma County have been decided by the time you read this column. I am not go­ing to speculate on who won the two con­tested seats. One of which was in the Dolores School District, and the other was in Cor­tez. I am, however, going to comment on how the candi­dates chose to run their respective campaigns, and the lack of contested positions.

Of the six seats up for election in the Cortez RE-1 District five candidates merely had to vote for themselves to be elected. This is not a reflection on the in­dividuals’ suitability for office, as all of them are dedicated citizens, who will bring a wide breadth of life skills to the school board. It is however, a reflection on an electorate that grumbles, yet does nothing to solve the problems they are grumbling about. True, you can complain at any time to the school board about whatever strikes you as offensive policy, but wouldn’t it have been more beneficial to engage prior to an election than afterwards?

One of the unopposed candidates spoke at a Republican Women’s luncheon and of­fered that the sad state of public education and other societal ills are our fault because we allowed it to occur. We did nothing to stop the corrosive erosion of our basic rights and responsibilities because we were too busy pursuing lifestyles and left it to others to do. She has a valid point and it will be interesting to see what changes she brings to the board. As to the one contest­ed race on the Cortez School Board, be­tween the incumbent Tammy Hooten and challenger Ed Rice, the outcome will be more about the public perception of how people feel towards the current board’s ac­tions, rather than the individuals. Both can­didates have run positive messages about what they see as the issues, rather than en­gage in negative campaigning.

The same cannot be said about the Do­lores RE-4A School Board race to fill two seats from four candidates. It is always dis­appointing, from a civics point of view, to learn of attempts to coerce candidates into not running due to a personal agenda. Campaign tactics that attempt to smear a given candidate that they aren’t “conserva­tive enough, or that they are a “single issue candidate” are the tactics of an insecure candidate attempting to deflect any infor­mation of a substantial nature from voters. Declining to participate in public debates while running for re-election to public of­fice, seems, cynical, arrogant and elitist.

This last school year has been incredibly frustrating for families that have school-age children. It’s not surprising that par­ents with school age children, and other concerned citizens are demonstrating their frustrations with our public educational sys­tem at school board meetings. Using Dolo­res School District RE-4A as an illustrative point can be useful. It serves approximately 676 students. It has a budget of about $13 million. The government per student fund­ing is close to $8,000. The RE-4 District received almost $11 million in emergency COVID-19 funding for the 2019-2020 school year. Without adding property-tax revenue that comes to the district, as well as all sorts of grant funding by various en­tities, which isn’t anything to sneeze about, that calculates out to about $16,400,000 for 676 students to be educated. Over $24,000 per student, and counting.

Yet, Dolores RE-4 School Board is warn­ing of a potential budget shortfall. Really? Where is all the money going? Why doesn’t the media ask questions like these on a reg­ular basis? Isn’t that a basic function of a local and independent press?

It shouldn’t come as a shock that more parents are turning to home-schooling or pod schools, where several parents form a cooperative effort to share their skill levels or pool financial resources to hire a teacher for a small group of students. That model has the benefit of providing a high quality of individualized education amid a controlled social setting that reflects the parent(s) values. I believe in local public education that serves the population that uses it. I also believe in families over failing institutions. Americans have an indepen­dent streak that crosses over demographic grouping. Trust in government schools is at a new low these days because they have overstepped, believing that top-down man­agement in conjunction with compliant media outlets, ultimately wins in the end.

For our country’s founding principles of freedom and our children’s children futures, I sure hope we can prove them wrong.

Valerie Maez writes from Lewis, Colo.

Published in Valerie Maez

Public Land 101

Come and visit “your public lands”! That sounds great, where is mine? What do you mean, I don’t have any? Lots of history and confusion have preceded the misconception of “your public lands.” I was thinking this is a good time to look at what we think we have, but don’t. When we look at world his­tory over the last 6,000 years, what is one common factor involving man around the entire world? Simply put, it has been the con­tinuing battle over who controls land and its resources.

Here in the good old U. S. of A., we can see the land issue starting in 1776 with the Declaration of Independence, where it says, “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain un­alienable Rights, that among these are Life, Liberty and the Pursuit of Happiness.” The first drafts used the words “Pursuit of Land.” The word Happiness was later used because it was broader while including the happiness in having one’s own land. With the Declaration of Independence, the Colonies were declaring themselves sovereign inde­pendent states/countries. As such, seven states sought to expand their land base over the previous unappropriated “Crown Lands” west of the Allegheny Mountains to the Mis­sissippi River and north to Canada. That is a large land base for only seven states. The population of all 13 colony/states combined then was 2.5 million. That is less than half the population of Col­orado today. That raised a big concern with the six smaller states; if there could ever be a unified Confederation of Sovereign States, with the seven hav­ing control over so much more land and resources. The effort to establish the Ar­ticles of Confederation was finally resolved and agreed to, when the Congress passed a resolution whereby the now-larger states would cede to the Congress parts of their new claimed lands, and the Congress would create new states from those lands, all with full equal sovereign rights and controls along with the 13. That is a story of its own. The interesting part of this whole scenario is that the new politicians in those days actually fol­lowed through with the commitments they had agreed to. Without that unity, commit­ment and follow through, the revolution would have collapsed, all due to the age-old battle of control over land and resources.

Jumping forward about 80 years to 1860, a lot of change had taken place. A new Con­stitution had been ratified, after considerable wrangling and guaranteed addition of the first 10 Amendments referred to as the Bill of Rights. Right in the First Article section 8, it dealt with what lands the new general/federal government was being permitted to have control over. As agreed to earlier in the Continental Congress, new states had been created out of the previous crown lands that the seven larger states ceded for that purpose. On behalf of and for the Congress of States, new territories had been acquired for the purpose of creating even more unified equal­ly sovereign states, complete to the western coast. These new territories were essentially held in trust for the people/public to claim and occupy to form new states from. The gold rushes were one of the claiming events to help populate the territories. Events of the 1860s delayed the creation of many new states out of the new territories. Finally in March of 1875, the State Enabling Act to create and admit the State of Colorado into the Union on an equal footing with the origi­nal states was enacted and on Aug. 1 of 1876 the admission was granted by Proclamation 230 signed by President Ulysses S. Grant.

The Enabling Act of Colorado defined the exterior boundaries for the state to be removed out of the territory and into the Union “upon an equal footing with the origi­nal states in all respects whatsoever.” At that time, the state was sparsely populated and much of the territorial public land had not been claimed and settled upon, and thus no longer open for public settlement. Section 4 of the Enabling Act stated, “the people in­habiting said territory do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within said territory, and that the same shall be and remain at the sole and entire disposition of the United States.” This was so the federal government could sell and dispose of the territorial land, with a clear deed, on behalf of and for the State, making it complete in its control of all the lands within its boundaries.

Well, that never happened. By 1976, the eastern-controlled Congress enacted the Federal Land Policy and Management Act (FLPMA), where it declared that the “Public Lands” would “be retained in Federal Own­ership.” Today, that amounts to 46 percent of all the lands and resources in the 11 con­tiguous western states that is owned/con­trolled by the federal government operating as a quasi “federal state” within the bound­aries of the constitutional states, and acting under its own laws and regulations. The fears of 1776 with large land-owning states over­powering the smaller have now been realized, even worse, with a federal body that is not authorized to own/control any open “pub­lic” land within a state, yet now controlling the most valuable portions. So what is “pub­lic land”? Simply put, it is “federal territory land” within a state. Here we have history re­peating itself in the age-old battle of “power and control” between people over land and resources. Constitutional compliance has been totally ignored as that requires “volun­tary compliance” by a “moral and religious people,” according to John Adams. Well, that explains a lot.

Dexter Gill is a retired forest manager who worked for private industry, three Western state for­estry agencies, and the Navajo Nation forestry de­partment. He writes from Lewis, Colo.

Published in Dexter Gill

Marching for women’s right to vote

“War will not end war. No matter who wins, everybody loses… War is entirely emotional. It is insanity.”

Jessie Annette Jack Hooper was born on a farm in Winneshiek County, Iowa, on Nov. 9, 1865. Her mother was Mary Elizabeth Nelings and her father was David Hayes Jack, a wealthy businessman who mustered into a unit for Iowa during the Civil War. He married Mary when he returned home from the war. Jessie’s early education was with a governess.

JESSIE ANNETTE JACK HOOPER

Jessie Annette Jack Hooper

In 1888 Jessie married Ben Hooper, an Oshkosh, Wisc., attorney, who encouraged activism and civic interests. The couple moved to Oshkosh, where she began a new chapter in her life. Even before women were given the right to vote, Mr. Hooper went to great lengths to share his right to vote with his wife. One election he would vote as he saw fit, but the next election he would vote according to his wife’s wishes. One can only surmise that life at the Hooper house was pretty egalitarian and probably full of inter­esting debate and conversation.

The couple had one daughter, Lorna. In 1893 Jessie and her young daughter attend­ed the International Conference for Women in Chicago. They listened with rapt atten­tion to a speech by Susan B. Anthony. Jessie was greatly impressed. She remained a bit shy and reluctant to hold any position of responsibility in a civic organization until, at her husband’s urging, she accepted the nomination to fill a vacancy with the local chapter of the Daughters of the American Revolution in 1908. Despite her reticence, she won the election by a wide margin and subsequently held many other positions of leadership.

She was emerging as an activist and her focus was primarily on improving health-care options and facilities. It was an uphill battle, but one that she fought, and she ob­served that men were reluctant to buy into any initiatives until they had seen success.

“We found men in charge of our city government, while always polite to us, had little interest in what we wanted because we had no votes. I soon got tired of join­ing pilgrimages to officials where we rarely got what we asked for, and decided to con­centrate my efforts on securing the vote for women.”

She eventually joined, with many like-minded women, a variety of progressive movements in Oshkosh. Jessie decided that she was tired of trying to dig a hole with a teaspoon, that what was needed was a steam shovel, so she threw all her energies into the women’s suffrage movement. She was active in the local Women’s Club, the Wis­consin Federation of Women’s Clubs, and was on the executive board of the National American Women’s Suffrage Association. When the marches began she remained active but also re­turned to her home state of Iowa to de­liver the first “street” speech ever made by a woman. She had really come into her own.

From there she went on to Washington, D.C., where she worked alongside the lead­ers of the movement. Together they would eventually help secure the passage of the Nineteenth Amendment, giving women that precious right to vote. The button they had proudly made read:

“I MARCH FOR FULL SUFFRAGE JUNE 7TH WILL YOU?”

Jessie Hooper and her daughter attended the great Parade for Suffrage in Chicago on June 7, 1916. It was held during the Republi­can National Convention. On that day Chi­cago experienced the most dreadful storm, with torrential rains, that it had known in years. The heavens opened and poured non-stop and the wind howled, living up to the nickname “the windy city.” Nevertheless, more than 5,000 suffrage supporters gath­ered to proudly march in that parade. They began exactly at the appointed hour, just as scheduled, and fell in line together, wearing raincoats over their white dresses. They car­ried umbrellas to protect them a little when the wind allowed, which it didn’t often.

Steadily they marched, mile after mile to the Coliseum, where the Republican Con­vention was being held, and they began to pour into the building. Ironically, they were just in time to hear an anti-suffrage state­ment delivered to the convention explain­ing that women did not want the vote! One can only imagine this caused more than one chuckle from the women marching, who were now soaked to the skin. It was a great pleasure on this occasion for Hooper, as she and her daughter marched arm in arm in the same line.

In the morning, she took the train home and was still wearing a button which said, “I march for suffrage on June 7th will you?” A fellow passenger on the train, a man, no­ticing her pin, asked her, “Did you march in that parade?” She replied, “yes.” He then continued, “My partner and I were seated by a hotel window on Michigan Avenue when we heard, in all that frightful storm, a band playing. We knew the fireman’s pa­rade had been called off because of the ghastly weather and we simply could not imagine what it was. Looking out again, my partner said, ‘My God, those women are marching in all this storm, if they want the bloody vote as badly as that, they surely ought to have it!’”

They really wanted the “bloody vote”!

During the fight for the passage of the Nineteenth Amendment, Jessie was elected to serve as president of the National League of Women Voters (NLWV). In this leader­ship role, she worked to promote a variety of laws in Wisconsin, including the equal guardianship law, an increase in mother’s pensions (without an adult male income, the model of military pensions was used, and it was argued that a mother deserved a government pension in exchange for her service to the state through child-rearing), and a law that permitted women to serve as jurors.

In 1922, when she retired from her posi­tion of president of NLWV, she was unani­mously selected by the Democratic Party of Wisconsin to run as their candidate for the U.S. Senate. Her campaign, often hosted in family living rooms, was run by two women, Livia Peshkova and Gertrude Watkins, and was bolstered by women in the press. The campaign rallying cry became “Whoop for Hooper.” Her election platform champi­oned the League of Nations, veterans com­pensation, and world peace. It was an auspi­cious platform.

By this time, she was a grandmother and unpaid secretary and partner in her husband’s business. He was one of only two men who donated any money to her campaign. Nominat­ing a woman was a bold and enlightened move for the party at this time in his­tory, but most likely not terribly popular. While she lost the race to Robert La­Follette, she made history when she se­cured an amazing 16 percent of the vote. Whoop for Hooper!

After her run for the Senate, Jessie continued to remain very visible and quite vocal in the political sphere. As a mem­ber of the League of Women Voters for International Co­operation to Prevent War, she fought vigi­lantly for world peace. During World War I, she was active in Red Cross work, Liberty Loan drives and food conservation. She also chaired the Indian Affairs Committee of the Wisconsin League of Women Voters and was an advocate for Native Americans in general, and the Menominee Tribe in par­ticular. She traveled to the World Disarma­ment Conference in Geneva, Switzerland, presenting a petition that sought the reduc­tion of deadly weapons after World War I.

In 1933 she campaigned for U.S. entry into the World Court. She founded the Na­tional Conference on the Cause and Cure of War. This woman was dedicated, pas­sionate, and worked tirelessly for causes she believed in. We must not leave her in obscurity!

Midge Kirk is a slightly eccentric artist, author, bibliophile and hobby historian. She can be reached a eurydice4@yahoo.com or visit her website http://www.herstory-online.com.

Published in Midge Kirk

Not at home on the range

MARVEL, A WILD HORSE CAPTURED AT MESA VERDE NATIONANL PARK

The writer gives hay to Marvel, a stallion that was captured and removed from Mesa Verde National Park.

This issue of the Free Press speaks to the horse and bison problems on public lands and in our National Parks. Much has been written, debated, speculated and discussed (loudly) concerning the “issues” of wild/feral horses on the federal lands. There is some level of federal protection and still a larger problem of range management and herd control. I’ll leave the data messaging to those with the hard facts (presented in this paper and others).

Why are so many emotions evoked over wild horses? In my humble opinion it is be­cause horses simply draw emotion out of us mere humans. Horse people. We are legion. Some have horses and many do not. It seems that many humans simply love them for in­explicable reasons.

I am a horse person. I was born a horse person before I ever set eyes on an equine. Forget dolls. I only wanted to play with toy horses and rode my home-made stick horse madly through the house. I have no reason why I (and countless others) gravitated to horses as children. In moments when I won­der why I need this expensive and danger­ous habit, I figure I was some kind of an­cient scout on horseback hundreds of years ago. Or is it a gene quirk? Character flaw? Some kind of undiagnosed men­tal illness? I think my husband is lean­ing towards it being mental illness after seeing a bill for a sick horse.

I have heard horses described as mythical, magical, pests and an invasive species (and every­thing in-between). Like horses, horse people come in every size, shape and form. Horse people firmly adhere to their particular dis­cipline or idea of what a horse should do, how they should be trained, how they should be fed, shoed and ridden. Passions rise and personalities clash. I have seen as many blow-ups and unfortunate explosions among horse people as I have with politics. It has made me deeply sad to see splits and fractures in horse communities I love and support.

Why does this happen? Horses, of course. We care about horses. Once a horse is in your heart they are embedded forever. They have tolerated us for centuries. It has only been recently that the horse culture has tak­en another look at how sensitive and willing these creatures are. Training has been evolv­ing from “breaking” a horse to “starting” a horse. Who wants to be broken? Clicker training is a successful new discipline now promoted by highly respected equine profes­sionals (FYI…A very dear friend and I once decided to write a book on clicker training for husbands. We absolutely knew it would be a bestseller but sadly were not able to fin­ish it and become famous.)

Horses are expensive, dangerous and work intensive (mama, don’t let your daughters grow up to be cowgirls). I would not trade it for anything. I work like a Trojan lifting hay and scooping poop. I agonize over the right feed, supplements, foot care and exercise. I read the latest horse health articles and study biomechanics. Yes… this is a sickness.

Many of the wild ones do not get this kind of care or concern. Home may not be on the range. The lucky ones may become a com­panion horse at a therapy center, work as a mounted patrol, be a trusted trail horse or wind up as dressage star. Sadly, others will live their lives out in confined holding pens or, in the worst case, sent to illegal slaughter in Mexico.

How can we solve the wild horse prob­lem if we can’t come together with common goals and calm minds?

My humble answer is education. We need information, facts and data to drive solu­tions. There is a new approach to humanely gathering horses. It’s called the Low Stress Gather method by Whit Hibbard. This is just one solution to costly taxpayer-funded round-ups. Mesa Verde and Teddy Roosevelt national parks have successfully initiated this program. It is data-driven and science-based. The concept in this method is “calm mind and low stress for both horse and human.” How cool is that?

I have no illusion all horse supporters will someday hold hands and sing kumbaya. I do wish we could stop fighting among our­selves and band together to find solutions to a problem in both our state and country. The success of the Spring Creek Basin Herd in Disappointment Valley is a shining example of what can be done for successful range and herd management. Mesa Verde is work­ing towards a different paradigm in remov­ing and rehoming their horse population. It took years of collaboration and education to support these efforts. It is my sincere desire these methods will expand across the coun­try and new solutions can be discovered and implemented.

If you have an interest or concern about wild horses, please educate yourself. There are books to be read and forums to be ex­plored. There are organizations to financial­ly, physically or morally support. Our ranges are shrinking and we need to utilize all sci­entific and data-driven research available to manage them and the creatures that roam free on them.

One day in frustration I told my husband I was getting out of the horse business. He took my face in his hands and gently said, “Horses are not what you do… they are who you are.”

He is right. I write this essay because I, and I know many of you, care and love these beautiful and wise animals.

Nancy Schaufele writes from Montezuma Coun­ty, Colo.

Published in Guest Column, Nancy Schaufele

Crowning achievement

I have a business proposition for you: Whatever you’re paying me for this column, double it. In exchange, you’ll get to write it yourself.

This model works, because it’s the same one I used recently to make my own hat. Let me tell you, that was no easy feat — not with the shape of my head.

The thing is, I went most of my life pre­suming my bean was not shaped like a lima. Until a couple years ago, when a hatmaker doing party tricks took impressions of peo­ple’s head shapes using some nineteenth-century device like a claw-machine claw that grabs brains. She transferred my head shape to a notecard and said, and I quote, “Well, never saw THAT before.” Then she showed me the dent in one side that reminds me of a fast-action photograph of a football being punted. She admitted I might need to stuff facial tissues in my hats to fill the concavity.

But although my head is deformed, at least it’s also grotesquely oversized. The teacher of the hat class asked us all for our hat sizes so he could hand out these wood­en hat blocks for shaping our hats. My num­ber sent him rummaging through steamer trunks and possibly through time and space to find a redwood wide enough to carve my blockhead from.

I’m getting out in front of my brim. Let’s set the stage for why I took a hat class in the first place: my sister asked me to. Also, because I really do love hats. They keep people guessing about whether I’m going bald or going gray. They look better on me than sunburns do. And that’s it. That’s why I love hats.

The hat class teacher — let’s call him Tom Hirt, because that is his name — coordi­nated with a fabric store in Albuquerque to ensure each of us could work with the hat color we most wanted in the whole world, so long as it was on his short list of earth-tone hat colors. I asked for sage green. I got powder blue.

Tom, who I’m pretty certain is an actual cowboy, started the class with a lesson on how short mammal hairs — such as rabbit fur, beaver fur, and human leg hair — are felted and dyed into the flimsy non-hats before us, which was interesting and also a way to stall while the one hat steamer for 13 students was warming up. We were to steam our felt discs to soften them up, stretch them over our wooden hat blocks (if possible, in certain isolat­ed cases), then steam and iron our fledgling hats until they turned stiffer than pressed jeans.

In the powder-blue-dyeing process (which, we must note, results in a distinctly sky- and not earth-toned prod­uct), something happens on a subatomic level to the rabbit/beaver/man-fur mixture that renders it impervious to this stiffen­ing. I spent Day One of the three-day class ironing the stuffing out of my hat. Other people were already selecting feathers while I was working around the blisters caused by pressing down with a Black & Decker clothes iron. The manual labor to make a hat brim rigid far exceeds any of the other days I have spent in manual labor, except for the day my own mother spent in labor with me.

The excessive size of my hat block spurred many comments about my poor mother’s birth canal. What else was I go­ing to talk about while standing around the steamer? It’s like the water cooler at work, only hotter, so I had to talk about SOME­THING. I think my classmates felt badly that my birth was so strenuous, so they kept insisting that no, really, they were done with the steamer and they’d go sit down so I could use it.

On Day 2, when my well-pressed hat had the night to reconsider its stubbornness and my my-mama jokes were refreshed, I stitched in my leather sweatband. My sister, who works in the fab­ric store, chanted some Hermione Granger and had hers done. I, with no appreciable needle calluses on my fingers, thimble up all ten of ’em and still successfully stitched my hand to my hat.

On Day 3, I went back to the ol’ steamer again. The hat needs soft­ened up to take whatever shape you want to give it, and then you pray to Tom Hirt that the shape holds. But by the end of the day, when everyone else including my sister had left the building, I hoisted my hat atop my head and stuffed Kleenex in the dent. I’ve never been so proud of a piece of clothing I made, nor had I ever paid more for the privilege.

But the price didn’t matter; the accom­plishment was reward enough. I wish ev­eryone could experience that kind of satis­faction at least once. So hey, why don’t you cut me a check and write the ending to this piece yourself.

Zach Hively writes from Abiquiu, N.M. He can be read and reached through http://zachhively.com and on Twitter @zachhively.

Published in Zach Hively

Another boggy draw

 

Reaching its pinnacle at 8,755 feet, Mc­Clure Pass rises and falls for almost 50 miles between the Colorado towns of Carbondale and Somerset. It’s a treacherous road but it’s also awe-inspiring. I never allow the fear of falling boulders, rock slides, or avalanches to scare me away.

Near the top is one of my favorite U.S. Forest Service managed facilities, McClure Campground. It offers a woodsy refuge on a no-reservations-first-come-first-serve ba­sis. All this without any fees, plus a regularly cleaned toilet stocked with paper. Can a road trip get any better?

These days the forests, national parks — even the privately owned RV corrals — have been overwhelmed by tourists, but McClure Campground incorporates a few natural buffers to preserve its cozy integrity. First off, it’s small, offering just 10 sites — the biggest one able to accommodate no more than a 19-foot trailer. No hookups, no water, and garbage should be packed out, so don’t even think about tossing it into the toilet. Secondly, it’s at the top of a steep, rugged mountain pass, so it’s not a destination. It’s more like a pull-off, a pause, a take-a-break sort of facility. Finally, the vistas and tower­ing rock walls that accompany the highway to the summit and back down again are un­predictable, littering the road with stones and debris. I suspect many travelers fail to notice the tiny turn-off, distracted as they are by road conditions while trying to sneak a peek at the scenery.

In all the years Pam and I have crossed this pass we’ve always camped for at least one night. Never had any trouble finding an open site, never…that is, until last week. An inadver­tent oversight on our part: we showed up late on a Friday afternoon. The rule of thumb, es­pecially useful for re­tired folks who want to find a camping site, is never show up late in the day and never never never show up on the weekend. We deserved what we didn’t get.

Having to improvise for an alternative, we pulled to the shoulder a few times and idled, crept along the highway’s descent, flashers flashing, then walked into the trees at vari­ous unimproved dirt paths, hoping one of them might yield a space wide enough for our vehicle and a tiny 13-foot fiberglass Scamp trailer. The best option we found had a deeply rutted surface, some potholes half the depth of a tire, and a few of the worst ones still filled with mud and rainwater from the last passing storm. But a ridge of grass crowned the passage, tall enough to polish the bottom of our vehicle. Driving carefully along that high mark, we could reach a site hidden in the aspens that we’d scouted, a clearing with plenty of room for a U-turn when we needed to head back out.

We took the chance and reached the turn-around, unhitched the trailer, set it up, then drove the unencumbered vehicle back to the highway where we followed the pavement to a restaurant in Carbondale. Everything seemed to have worked out.

The subject of rain came up while order­ing our meal. Or rather, I should say the sub­ject of rain came down, very audibly against the restaurant’s metal roof like a team of galloping horses. We looked at each other, as if trying to put a finger on the appropriate mythology: war, famine, pestilence, or death. Would a gully washer fit into such company? By the time our meal arrived the rain had stopped and a bit of the setting sun lit our table like a flickering candle. Our appetites were rekindled.

We encountered a few headlights return­ing to our makeshift camp. We washed up, brushed our teeth and fell asleep with the windows wide open, our dreams nearly weightless as fresh air filled the trailer.

2 a.m.: A patter of rain against the fiber­glass roof. I closed the windows and settled back against my pillow, trying to translate the secret code of weather. Tap tap tap, then a bit of rain-rap fading, so gentle even I faded away.

2:30 a.m.: A drum roll, one of those jazzy sets that makes a person sit up and pay atten­tion. My feet started jittering.

3 a.m.: I couldn’t lie there for the rest of the night debating how long the rain would last. The weather forecast didn’t call for a drop. My forecast called for worry if this rain did not stop.

We got up and grabbed our clothes. Outside with my flashlight slashing a path through the indecipherable rain, I hitched up the trailer while Pam put away every loose thing that might bounce around, then I drove out of that quandary, parked on the shoulder at the side of the highway and crawled back into bed, leaving the trailer hitched.

Before I fell asleep for the fifth time that night I watched a semi-truck decked out with yellow marker lights whoosh past, then a star-speckled sky winked back at me like a mar­quee, announcing the upcoming morning.

David Feela, an award-winning poet, essayist, and author, writes from Montezuma County, Colo. See his works at http://feelasophy.weebly.com/

Published in David Feela