TOWN OF SILT MAY 13, 2024-7:00 P.M. REGULAR BOARD OF TRUSTEES MEETING The Silt Board of Trustees held their regular meeting on Monday, May 13, 2024. Mayor Richel called the meeting to order at 7:01 p.m. Roll call Present Mayor Keith Richel Mayor Pro-tem Hanrahan Trustee Justin Brintnall Trustee Chris Classen Trustee Jerry Seifert Trustee Andreia Poston Vacancy Absent Present were Town Clerk Sheila McIntyre, Town Treasurer Amie Tucker, Community Development Manager Nicole Centeno, Chief of Police Mike Kite, Interim Public Works Director Joe Lundeen, Town Attorney Michael Sawyer and members of the public. Pledge of Allegiance and Moment of Silence Public Comments - There were no public comments. Consent Agenda - 1. Minutes of the April 22, 2024 Board of Trustees meeting 3. Award of Bid - Home Avenue Paving Project 2. Approval of Fermented Malt Beverage and Wine License Renewal - Kum & Go, LC 4. Resolution No. 21, Series 2024, A RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF TRUSTEES FOR THE SERVICES OF SAM FLORES AS A TRUSTEE OF THE TOWN OF SILT The Board had questions regarding the increased costs for the Home Avenue Paving bid and pulling money from reserves to cover the increase in cost. Mayor Richel read Resolution 21 Trustee Seifert made a motion to approve the consent agenda as presented. Trustee Brintnall seconded the motion, and the motion carried unanimously. recognizing Sam Flores who was in attendance remotely. Conflicts of Interest - Mayor Richel stated that he would recuse himself from the Highwater Farms lease topic since his daughter is employed by them for the summer. Agenda Changes = There were no agenda changes. B.0.T.5/13/2024 Water Plant Construction Update - Garney Construction Dan Galvin with Garney Construction was present to go over their progress and schedule. They have continued with dewatering and excavation, and would be moving forward with form work, rebar and concrete. He stated that they are close on getting approvals from CDPHE and are at roughly at $1.5M billed out to date. There was brief discussion about any possible delays that couid happen due to delayed approvals and that staff would need to be provided as much lead time as possible to address these types of situations. Mayor Richel stated that he would like to know if things aren't moving in the right direction by their next update on June 10. Colorado River District Regarding Shoshone Water Rights = Amy Moyer The Colorado River Water Conservation District is leading a charge to preserve and protect the Shoshone Water Rights. These rights are non-consumptive 1902 water for 1,250 cubic feet per second, and are considered the most senior, major water right on the Colorado River. The non- consumptive use has been utilized to generate power at the Shoshone Hydro Plant in Glenwood Present tonight was Amy Moyer, Director of Strategic Partnerships with Colorado River District tot talk about the Shoshone water rights preservation efforts. She provided al history of the Shoshone water plant and explained the senior water rights and how they benefit the western The Colorado River District executed a Purchase & Sale Agreement with Public Service to purchase the water rights for $99M and anticipate closing on this in 2027. She stated that they have raised $48M so far, asking the Town of Silt for their financial contribution as well as a letter Attorney Sawyer stated that Silt has very. junior water rights and explained how Silt could be affected by the Shoshone sale and that this agreement would benefit the town by allowing them The Board stated that they would talk about this during the budget season. Attorney Sawyer stated that the Board could budget and appropriate their contribution, and hold that money as a line item in an account until iti is ready to be paid upon closing of the water rights. Resolution No. 13, Series 2024, A RESOLUTION OF THE BOARD OF TRUSTEES CONCERNING FINDINGS OF FACT FOR THE ANNEXATION OF PROPERTY OWNED BY MATTHEW AND SUSAN JURMU LOCATED WEST OF COUNTY ROAD: 231 IN GARFIELD COUNTY, KNOWN AS THE LAESTADIAN LUTHERAN CHURCH ANNEXATION, INTO THE Planner Chain went over his staff report stating that he would be covering the resolution for findings of fact, as well as the ordinances to annex and zone the property simultaneously. He added that at the end the Board would need to make three separate motions when they are ready to make a decision. Mr. Chain stated that a lot line adjustment would also be taking place on this property and that it would be done administratively. He added that this application has Canyon. slope from the headwaters toi the state line and statewide. of support. to lock in place a water regime. MUNICIPAL BOUNDARIES OF THE TOWN OF SILT, COLORADO been before the Planning Commission prior to coming to the Board tonight. B.0.T.5/13/2024 2 There was discussion regarding drainage, water rights, the tax rate for the ag-rural zone district, the annexation and development agreement that would be necessary and the benefit that this The public hearing was opened at 8:25 p.m There were no public comments and the hearing Trustee Classen made a motion to approve Resolution No. 13, Series 2024, A RESOLUTION OF THE BOARD OF TRUSTEES CONCERNING FINDINGS OF FACT FOR THE ANNEXATION OF PROPERTY OWNED BY MATTHEW AND SUSAN JURMU LOCATED WEST OF COUNTY ROAD 231 IN GARFIELD COUNTY, KNOWN ASTHE LAESTADIAN LUTHERAN CHURCH ANNEXATION, INTO THE MUNICIPAL BOUNDARIES OF THE TOWN OF SILT, COLORADO. Trustee Seifert seconded the motion and the annexation could be to the town. was closed at 8:26 p.m. motion carried unanimously. First reading of Ordinance No. 3, Series 2024, AN ORDINANCE ANNEXING TO THE TOWN OF SILT, COLORADO CERTAIN REAL PROPERTY OWNED BY MATTHEW AND SUSAN JURMU AND LOCATED WEST OF COUNTY ROAD 231 IN GARFIELD COUNTY, COLORADO, KNOWN AS THE LAESTADIAN LUTHERAN CHURCH ANNEXATION The public hearing was opened at 8:27 p.m There were no public comments and the hearing Trustee Seifert made a motion to approve first reading of Ordinance No. 3, Series 2024, AN ORDINANCE ANNEXING TO THE TOWN OF SILT,COLORADO CERTAIN REAL PROPERTY OWNED BY MATTHEW AND SUSAN JURMU AND LOCATED WEST OF COUNTY ROAD 231 IN GARFIELD COUNTY, COLORADO, KNOWN AS THE LAESTADIAN LUTHERAN CHURCH ANNEXATION. Trustee Classen seconded the motion and the was closed at 8:27 p.m. motion carried unanimously. First reading of Ordinance No. 4, Series 2024, AN ORDINANCE OF THE TOWN OF SILT, COLORADO, ZONING AS AGAICULTURALAUPAL (AG), A 0.723-ACRE TRACT OF LAND LOCATED WEST OF COUNTY ROAD 231 IN GARFIELD COUNTY KNOWN AS THE LAESTADIAN LUTHERAN CHURCH ANNEXATION, WITHIN THE TOWN OF SILT, COLORADO The public hearing was opened at 8:28 p.m There were no public comments and the hearing Trustee Seifert made a motion to approve first reading of Ordinance No. 4, Series 2024, AN ORDINANCE OF THE TOWN OF SILT, COLORADO, ZONING AS AGRICULTURAL- RURAL (AG), A 0.723-ACRE TRACT OF LAND LOCATED WEST OF COUNTY ROAD 231 IN GARFIELD COUNTY KNOWN AS THE LAESTADIAN LUTHERAN CHURCH ANNEXATION, WITHIN THE TOWN OF SILT, COLORADO. Trustee Classen seconded the motion and the was closed at 8:29 p.m. motion carried unanimously. B.0.T.5/13/2024 3 Update on the Turf Replacement Program (TRIP) - Adrian Brown This item was tabled as Mr. Brown was not in attendance tonight. Town Clerk McIntyre did state that Mr. Brown has been conducting audits in the Mesa View Subdivision but the status of how many have been completed is unknown. Resolution No. 14, Series 2024, A RESOLUTION OF THE TOWN OF SILT REPEALING AND REPLACING RESOLUTION NO. 16, SERIES 2019, ADOPTING AN OFFICIAL STREET TREE Town Clerk Mcintyre stated that this resolution has been revised since last seen by the Board Trustee Classen made a motion to approve Resolution No. 14, Series 2024, A RESOLUTION OF THE TOWN OF SILT REPEALING AND REPLACING RESOLUTION NO. 16, SERIES 2019, ADOPTING AN OFFICIAL STREET TREE LIST AND SUGGESTED SHRUB LIST FOR THE TOWN OF SILT. Mayor Pro-tem Hanrahan seconded the motion LIST AND SUGGESTED SHRUB LIST FOR THE TOWN OF SILT with the requested changes and that staff recommends approval. and the motion carried unanimously. Second reading of Ordinance No. 6, Series 2024, AN ORDINANCE OF THE TOWN OF SILT, COLORADO, AMENDING AND UPDATING TOWN CODE TO PROHIBIT AND LIMIT CAMPING WITHIN THE TOWN ON PUBLIC AND PRIVATE PROPERTY Attorney Sawyer went over the changes made to the ordinance since first reading. Those changes included limiting the number of days (up to 14in a calendar year) that an RV could be used on a temporary basis and a limitation of camping on private property to only one RV. There was some concern on the suggested changes and Chief Kite explained that the police department would address each situation on a case-by-case basis and encouraged people to The public hearing was opened at 8:48 p.m. There was no public comment and the hearing Mayor Pro-tem Hanrahan made a motion to approve second reading of Ordinance No. 6, Series 2024, AN ORDINANCE OF THE TOWN OF SILT, COLORADO, AMENDING AND UPDATING TOWN CODE TO PROHIBIT AND LIMIT CAMPING WITHIN THE TOWN ON PUBLIC AND PRIVATE PROPERTY. Trustee Classen seconded the motion and the come in and talk with the town sO that we could work with them. was closed at 8:48 p.m. motion carried unanimously. Second reading of Ordinance No. 7, Series 2024, AN ORDINANCE OF THE TOWN OF SILT AMENDING Al LAND LEASE AGREEMENT BETWEEN THE TOWN AND HIGHWATER FARM, A COLORADO NONPROFIT CORPORATION FOR A LEASE OF A PORTION OF THE SILT RIVER PRESERVE KNOWN AS PARCEL #2179-094-00-733 AND THE APPURTENANT WATER RIGHTS, FOR THE PURPOSE OF ACTIVE AGRICULTURAL PRODUCTION, WITHIN THE TOWN OF SILT, GARFIELD COUNTY, STATE OF COLORADO B.0.T.5/13/2024 4 Mayor Richel recused himself and Mayor Pro-tem Hanrahan took over the meeting. Attorney Sawyer proceeded to provide a recap of the ordinance. He stated that no changes have been The public hearing was opened at 8:53 p.m. There were no public comments and the hearing Trustee Brintnall made a motion to approve second reading of Ordinance No. 7, Series 2024, AN ORDINANCE OF THE TOWN OF SILT AMENDING A LAND LEASE AGREEMENT BETWEEN THE TOWN AND HIGHWATER FARM, A COLORADO NONPROFIT CORPORATION FOR A LEASE OF A PORTION OF THE SILT RIVER PRESERVE KNOWN AS PARCEL #2179-094-00-733 AND' THE APPURTENANT WATER RIGHTS, FOR THE PURPOSE OF ACTIVE AGRICULTURAL PRODUCTION, WITHIN THE TOWN OF SILT, GARFIELD COUNTY, STATE OF COLORADO. Trustee Seifert seconded the motion and the motion carried unanimously. Mayor Richel returned to the meeting. made and staff recommends approval. was closed at 8:53 p.m. Administrator and Staff Comments Town Clerk Mcintyre reminded the Board that if anyone was interested in attending the CML District meeting on May 22 to reach out to her by end of day tomorrow. Mayor Pro-tem Hanrahan commented on the soon to open Family Dollar and asked what other mechanisms the town may have to help enforce the policies that they have been SO willfully disregarding. It was explained that the building has been red tagged and once they comply, they would be provided with a certificate of occupancy. He added that hei is glad to hear that serious steps have been taken to force compliance. Updates from Board/Board Comments The Board commented about the dirt behind the Family Dollar and the Good2Go store, the status of the new storage units west of town and the alley behind La Placita, the landscaping at the Dollar General and a dead tree on Lyon Boulevard. They also asked for a status on the The Board also thanked everyone who participated ini the Town Manager interview process, those who attended the Chamber awards dinner, Sam Flores for his commitment to the Board and the town and staff for their hard work. Jim Mann was congratulated for being chosen as the Flock system and the new detox center in Glenwood. new Town Manager and it was stated that he would do a great job. Executive Session- - Mayor Richel made a motion to go into executive session for discussion of a personnel matter under C.R.S. Section 24-6-402 (4)(f) and not involving: any specific employees who have requested discussion of the matter in open session; any member of this body or any elected official; the appointment of any person to fill an office of this body or of an elected official; or personnel policies that do not require the discussion of matters personal to particular employees; to discuss and update the Board regarding contract negotiations for the appointment of a new Town Manager. Trustee Seifert seconded the B.0.T.5/13/2024 5 motion, and the motion carried unanimously. The Board adjourned to executive session At the end of executive session, Mayor Richel made the following statement: "The time is now 9:33 p.m. and the executive session has concluded. No formal action was taken in the executive session but negotiators were given direction. The participants in the executive session were: Keith Richel, Derek Hanrahan, Justin Brintnall, Jerry Seifert, Chris Classen and Mike Sawyer. For the record, if any person who participated ini the executive session believes that any substantial discussion of any matters not included in the motion to go into the executive session occurred during the executive session, or that any improper action occurred during the executive session in violation of the Open Meetings Law, Iwould ask that you state your concerns for the record". No objections at 9:08 p.m. were stated. Adjournment Trustee Brintnall made a motion to adjourn. Trustee Seifert seconded the motion, and the motion carried unanimously. Mayor Richel adjourned the meeting at 9:34 p.m. Respectfully: submitted, Godn Sheila M. Date Mcintyre Town Clerk, CMC of ZETW Keith Richel B. Mayor 9 RORAN SEAL) SOLOEN B.0.T.5/13/2024 6