San Juan County approves $1.2 million community benefits agreement for Foxtail Solar
Summary
The commission approved a community benefits agreement with Foxtail Solar tied to D.E. Shaw Renewable Investments projects, including a $1.2 million initial payment to support fire protection and medical services contingent on a tribal agreement.
San Juan County commissioners voted Jan. 6 to approve a community benefits agreement (CBA) with Foxtail Solar, part of development tied to D.E. Shaw Renewable Investments. County Manager Mike Stark told the commission the agreement includes a one-time base contribution of $1,200,000 intended to increase and enhance fire protection services for the project site.
Stark said the projects are located on Ute Mountain Ute lands and that San Juan County Fire Rescue would provide fire and medical services only after a suitable agreement is reached with the Ute Mountain Ute tribe. "Funding for the fire apparatus will not be paid by D.E. Shaw Renewable Investments until an agreement has been reached between San Juan County and the Ute Mountain Ute tribe," he said.
Stark said the $1.2 million figure is based on a projected capital expenditure of $621,000,000 and described an escalator tied to a higher project cost, noting the countywould receive an increased payment proportionally if the developer increased the capital expenditure. He said staff has discussed both custom and stock fire apparatus timelines: "If we spec out a custom piece ... it's probably a three-year build time" but "even a stock truck right now is probably about a year out," a timeline that informed the commission's discussion about service capacity.
The CBA also contemplates county assistance publicizing Foxtail's contributions to the community and waiving building and electrical permit fees for the project. Stark told commissioners that a separate CBA specific to San Juan College would provide $1,500,000 under similar escalator provisions.
Commissioners asked questions about timing for acquiring apparatus and about jurisdictional limits given the projects sit on tribal lands. After discussion, a motion to approve the agreement was made, seconded and carried. The approval allows D.E. Shaw Renewable Investments to move forward with project closing and subsequent construction steps tied to the CBA.
