TOVN BUENA VISTA) CO  MINUTES OF THE BUENA VISTA BOARD OF TRUSTEES  REGULAR MEETING Tuesday, June 25, 2024  MINUTES OF THE MEETINGS OF THE BOARD OF TRUSTEES ARE A TRANSCRIPT OF THE GOVERNING BODY'S ACTIONS RATHER THAN A VERBATIM RECORD OF DELIBERATIONS. Work Session at 6:00 PM - Chaffee County Fire Protection Fire Marshall Kira Jones and Police Mayor Libby Fay, Trustees Maggie Huyck, Gina Lucrezi, Andrew Rice, Micha Rosenoer, Devin Rowe, and Cindie Swisher attended the work session. Also present were Town Administrator Chaffee County Fire Protection (CCFPD) Fire Marshall Kara Jones shared with the Trustees that the department has been working closely with Public Works Director Shawn Williams, monitoring water levels along Cottonwood Creek, Town Lake, and the Arkansas River due to snow run-off. Jones reviewed the statistics from the CCFPD report included in the BoT Packet. Jones reviewed the department's functions and stated they are available to meet the needs of the Town, residents, businesses, and visitors in both professional and social Jones shared that since the department's affiliation with the Town in 2021, they have built asolid working relationship with Chaffee County EMS. Jones stated that CCFPD will be involved with the. American Legion Fourth of July fireworks show, with firefighters helping Police Chief Dean Morgan, Commander Shane Garcia, and Sergeant Megan Mitchell attended the Buena Vista Police Department (BVPD) work session with the Board of Trustees. Chief Morgan reviewed the department's mission and vision statements and the Chief Morgan discussed the training officers must complete, the broad scope of how the department serves and protects, their involvement with special events, and the equipment and technology being utilized. Chief Morgan reviewed the challenges the officers encounter locally and nationally, including recruitment and retention of BVPD staff. Chief Morgan stated he and his team love to serve, and no one has more fun serving  Chief Dean Morgan  Brian Berger and Town Clerk Paula Barnett.  environments.  set up the firework mortars and lighting them.  detailed BVPD PowerPoint in the Board of Trustee packet.  the citizens of Buena Vista than the men and women of the BVPD.  BOARD OF1 TRUSTEES OF1 THET TOWNO OFE BUENA VISTA  Page 1of9 June 25, 2024  Regular Meeting    An in-person/virtual regular meeting of the Board of Trustees was called to order by Mayor Libby Fay at 7:05 PM, Tuesday, June 25, 2024, at the Buena Vista Community Center, Pinon Room, 715 E. Main Street, Buena Vista, Colorado, having been previously noticed in  accordance with the Colorado Open Meetings Law.  ROLL CALL  Attendee. Name Libby Fay Maggie Huyck Gina Lucrezi Andrew Rice Micha Rosenoer Devin Rowe Cindie Swisher  Title Mayor Trustee Trustee Trustee Trustee Trustee Trustee  Status Present Present Present Present Present Present Present  Town Staff Present: Town Administrator Brian Berger Public Works Director Shawn Williams Town Clerk Paula Barnett PLEDGE OF ALLEGIANCE Mayor Fay led the pledge of allegiance. AGENDA. ADOPTION MOTION NO.01:  Town Attorney. Jeff Parker via Zoom Planning Director Joel Benson  MOVE TO APPROVE THE AGENDA.  RESULTS MOVER SECONDER: AYES:  CARRIED Trustee Lucrezi Trustee Rowe  Huyck, Lucrezi, Rice, Rosenoer, Rowe, Swisher  CONSENT AGENDA  Approval of matters that are routine in nature that require review and/or approval, i.e., minutes and reports. (Professional. Service Agreements [PSA] that exceed $25,000.00 require the Consent  Agenda to be approved by a Roll Call vote).  A. Minutes  1. Board of Trustees Regular Meeting - June 11, 2024 2. Tree Advisory Board - May 2, 2024  B. Town Clerk Report  BOARD OF TRUSTEES OFT THE TOWNO OF BUENA VISTA  Page 2of9 June 25, 2024  Regular Meeting    C. Town Treasurer D. Recreation Director E. Airport Manager  F. Adoption of Resolution No. 52, Series 2024, entitled, "A RESOLUTION OF THE BOARD OF TRUSTEES FOR THE TOWN OF BUENA VISTA, COLORADO, APPOINTING BILL BRYANS AS AN ALTERNATE MEMBER OF THE HISTORIC G. Adoption of Resolution No. 53, Series 2024, entitled, "A RESOLUTION OF THE BOARD OF TRUSTEES FOR THE TOWN OF BUENA VISTA, COLORADO, APPOINTING JUDITH MENZI AS A MEMBER OF THE TREE ADVISORY  PRESERVATION COMMISSION.  BOARD."  MOTION NO. 02:  MOVE TO APPROVE THE CONSENT AGENDA.  RESULTS MOVER: SECONDER: AYES:  CARRIED Trustee Rowe Trustee Huyck  Huyck, Lucrezi, Rice, Rosenoer, Rowe, Swisher  PUBLIC COMMENT BUSINESS ITEMS  No public comments were received.  The Crossing Major Subdivision - Development Agreement  Should the Board of Trustees approve the adoption of Resolution No. 54, Series 2024, entitled, "A RESOLUTION OF THE TOWN OF BUENA VISTA, COLORADO, APPROVING A DEVELOPMENT AGREEMENT WITH CROSSMAN'S DEVELOPMENT, LTD, FOR THE PROPERTY KNOWN AS THE Planning Director Joel Benson reviewed The Crossing Major Subdivision, which is a proposed development on vacant land platted as part of the original Town of Buena Vista Plat. Over the past 130 years, changes on the property and the surrounding area have primarily vacated various rights of way. The primary infrastructure requirement is the connection of a water main from Harrison Avenue down to the existing main on Crossman Avenue. Applicant Paul Andrews will be installing this portion oft the water main as a part of this development. The Crossing Major Subdivision has several attributes that require a Development Agreement (DA) with the Town. A standard Public Improvements Agreement is sufficient to capture the developer's obligations when a subdivision is not built out in a phasing plan. Because oft the affordability component, there isar need for a DA. The DA will include stipulations related to  CROSSING SUBDIVISION, BUENA VISTA, COLORADO."  BOARD OF1 TRUSTEES OFT THE TOWN OF BUENA VISTA  Page 3of9 June: 25, 2024  Regular Meeting    the Department ofl Local Affairs (DOLA). grant received by the Town for the water main and the Benson stated that Town Attorney Jeff Parker drafted the proposed DA, which Andrews has reviewed and agreed to. In addition to the standard language of a breach, severability, etc.,  water dedicated from the affordable/workforce category.  included in the DA, main points include:  Discussion of Infrastructure and Sanitation System  The agreement outlines the need to comply with Buena Vista Sanitation District's requisite standards and that the Public Improvements Agreement's terms shall The site is not suitable for carrying out percolation tests until areas can be adequately reached through site preparation. A qualified engineer will perform tests to the Town's satisfaction, and the developer will adjust the plans if needed. Tests must be completed before building permits are applied for and issued. The DA outlines stipulations in the EIAF Contract with DOLA regarding the installation of infrastructure necessary to enable the affordable units within the project, which includes the principal water main connecting Crossman Ave and Harrison Ave. The DA notes processes for carrying out requirements in the EIAF, how payments are to be made, verification of contractors, and SO forth. The documents governing the DOLA grant are included as exhibits to the Development Agreement. Water is allocated to the project from specific categories. The amounts and categories are spelled out. Deed restrictions are described, and the town reserves the right to release this wateri if affordable units are not built as described in the DA. The original purpose of these caps was focused on being able to plan water  govern the sanitation infrastructure. Requirement to conduct percolation tests  Discussion of Infrastructure Tied to DOLA Grant  Water Allocation  availability and infrastructure.  MOTION NO. 03:  MOVE TO ADOPT RESOLUTION NO. 54 APPROVING A DEVELOPMENT AGREEMENT WITH CROSSMAN'S DEVELOPMENT, LTD, FOR THE PROPERTY KNOWN AS THE CROSSING  SUBDIVISION, BUENA VISTA, COLORADO.  RESULTS MOVER: SECONDER: AYES:  CARRIED Trustee Swisher Trustee Huyck  Huyck, Lucrezi, Rice, Rosenoer, Rowe, Swisher  BOARD OF TRUSTEES OF1 THET TOWNO OF BUENA VISTA  Page 4of9 June 25, 2024  Regular Meeting    The Crossing Subdivision - Renaming of Street  Should the Board of Trustees approve the adoption of Resolution No. 55, Series 2024, entitled, "A RESOLUTION OF THE BOARD OF TRUSTEES FOR THE TOWN OF BUENA VISTA, COLORADO, Benson stated that Paul Andrews, with The Crossing Major Subdivision, requests that certain streets be renamed within the original Crossman's: Subdivision. The Subdivision was platted in the late 1800s, and there are no addresses on many of the streets. The request is to rename some roads after historical residents of the Town, including at tribute to Trevor Staszak, at fallen  RENAMING CERTAIN STREETS WITHIN THE OWN OF BUENA VISTA."  Buena Vista Police officer.  Blaine Avenue changed to Hallock Avenue Lincoln Avenue changed to Enderline Avenue Grant Avenue changed to Staszak Avenue  MOTION NO. 04:  MOVE TO ADOPT RESOLUTION NO. 55 APPROVING THE RENAMING OF THREE: STREETS IN THE  CROSSING MAJOR SUBDIVISION.  RESULTS MOVER: SECONDER: AYES:  CARRIED Trustee Lucrezi Trustee Rice  Huyck, Lucrezi, Rice, Rosenoer, Rowe, Swisher  Vacate Right of Way: The Crossing Major Subdivision  Should the Board of Trustees approve the adoption of Ordinance No. 13, Series 2024, entitled, "AN ORDINANCE OF THE TOWN OF BUENA VISTA, COLORADO, VACATING CERTAIN ROAD AND ALLEY RIGHTS-OF-WAY LOCATED IN THE CROSSING MAJOR SUBDIVISION, TOWN OF Benson stated that Ordinance No. 13 allows for the vacation of particular right-of-ways in Blocks 7,11, and 12 in The Crossing Subdivision, resulting in better use of the property and its functionality. Benson stated that the ordinance has been amended, correcting "Blocks 7,12,  BUENA VISTA, COLORADO."  and 13" to "Blocks 7,11, and 12". MOTION NO. 05:  MOVE TO ADOPT ORDINANCE NO. 13, AS AMENDED, VACATING CERTAIN ROADS AND ALLEY  RIGHTS-OF-WAYLOCATED IN THE CROSSING MAJOR SUBDIVISION.  RESULTS MOVER: SECONDER: AYES:  CARRIED: Trustee Swisher Trustee Lucrezi  Huyck, Lucrezi, Rice, Rosenoer, Rowe, Swisher  BOARD OF1 TRUSTEES OF THE TOWN OF BUENAV VISTA  Page 50 of9 June 25, 2024  Regular Meeting    Water Augmentation Certificates  Benson stated the discussion is to receive feedback from the Board on how to proceed with utilizing water augmentation certificates for new development within the Town. Benson  reviewed the three topics for discussion include:  How do we handle the request ifap project is ready and can only proceed with Establish a framework to accept Augmentation Certificates, project by project with  Augmentation Certificates?  How many Augmentation Certificates are okay to accept? annexation ori for projects within town boundaries.  Benson stated multiple factors must be considered and reviewed when calculating the town's  water needs.  Assume Well No. 3 and Well No. 4 produce a gallon-per-minute pumping capacity. Need enough augmentation water if the treatment gallery fails (temporarily) including the already committed acre-feet of water being processed through the Inc case of a failure, plan for curtailed use and continued irrigation of river park  Allv water through the wells will be augmentation water.  wells. assets.  Leftover capacity available for development.  Benson stated that accepting the project would not be a simple yes, and the following must be  considered:  Isthere enough capacity for peak season throughout town?  Isthere sufficient pressure for fire flow?  Isthere capacity for the project, including unrestricted (household) irrigation? The percentage ofi irrigation and indoor use affects return flows Must account for project location, recharge below or above the Trout Creek Ditch Diversion (located behind the high school) Need a Town-approved meter entering project  Must understand:  Benson discussed if there should be a requirement that developments wanting to utilize Augmentation Certificates must be al benefit to the community. For example, contributions to addressing attainable housing by deed restrictions, not allowing short-term rentals, permanent long-term rental apartments, providing a net economic gain, recreational or other quality of Trustee Rowe asked what would happen if the water infiltration gallery failed, and Public Works Director Shawn Williams stated Well 2 and Well 3 would be put into full operation.  life benefits.  BOARD OF TRUSTEES OF1 THET TOWNO OF BUENA VISTA  Page 6of9 June: 25, 2024  Regular Meeting    Williams said that in the past, the galley produced, on average, 800 gallons of water per minute. Currently, the gallery produces 700 gallons per minute, and Wells 2 and 3 are being Trustee Rowe said he favors requiring developments utilizing Augmentation Certificates to Trustee Lucrezi asked if Wells 3 and 4 will meet the demand of the current and projected developments. Benson stated that it is more than likely that Well 5 will need to be built to meet the demand. Trustee Lucrezi stated she would like the Town to purchase additional water and asked what opportunities are available to increase the town's water portfolio. Benson briefly reviewed the town's current water rights and the status oft the water court. Staffi is looking for opportunities, but very few viable options are available for purchase. Trustee Rice stated the Town needs to ensure redundancies are in place to meet the water demands. Trustee Rice thinks water augmentation certificates should be utilized, developments benefit the town, and a framework should be established to minimize risks. Trustee Huyck echoed the requirement that developments using water augmentation The Board agreed to move forward with developing ai framework to utilize water  utilized to meet water consumption demands. contribute to the betterment of the community.  certificates provide a benefit(s) to the community.  augmentation certificates.  Trustee Lucrezi stated that, in tandem with the framework, she would like the Board to have the flexibility to review the projects and decide ift the project should move forward even ifthe proposed development meets all the application requirements. Trustee Swisher also wants to ensure the Board of Trustees has a say and control over how water will be utilized.  TRUSTEE INTERACTION  Trustees reported on or commented about recent and upcoming events, activities, and topics. Trustee Lucrezi shared that she previously discussed inclusionary housing and asked if the current Board is interested in exploringt thet topic. Mayor Fay suggested that the City of Salida be contacted and asked what their lessons learned are on inclusionary housing. Trustees Rosenoer and Huyck stated that the topic is worth discussing and may come up in the Comp Plan processes. Benson stated it could be a Work Session or a business item ini the future. Williams stated he and Town Administrator Berger met to discuss voluntary water restrictions  and agreed they would take effect later this week. BOARD OF TRUSTEES OFT THE TOWN OF BUENAN VISTA  Page 7of9 June 25, 2024  Regular Meeting    Town Clerk Paula Barnett stated, for the record, she confirms that on Monday, June 24, 2024, an email was sent tot the Mayor and Trustees notifying them that on Monday, June 10, 2024, Town Staff received the TriView Petition for Annexation. The petition is currently under Completeness Review by Town Attorneys Kathryn Sellars and Jeff Parker. At the. July 9, 2024, Board of Trustees Meeting, a Completeness Review discussion will be held, and if the petition is deemed complete, a public hearing will be scheduled. The annexation process will follow requirements identified int the Colorado Revised Statutes at subsequent Trustee Swisher shared the following comments regarding the Topside Annexation article in the. June 20, 2024, edition of the Chaffee County Times. Trustee Swisher shared that the Board ofTrustees had several important issues that needed tol be addressed before making their decision. The Topside timetable for them to collect capital gains tax credits and make the money they needed on the project did not allow negotiations to be worked through. Topside could have been an excellent project for the Town, or it could have been a disaster we would Trustee. Swisher stated that we had a major outside developer who wanted to make a significant profit off the town, and we have Planning Director. Joel Benson as our Planning Director. Trustee Swisher said Benson has served as a Trustee for eight years and Mayor for eight years, and is currently fulfilling a vital Town position. Swisher asked, who do you think cares more for a good outcome for the Town? Trustee Swisher thanked Benson and Town employees who dedicated many hours to the project in an attempt to make it work. Trustee Swisher stated that with the Interlaken Fire, she is concerned about how well the Town is prepared for a disaster. Trustee Swisher said it had been seven years since she completed the National Incident Management System (NIMS) training and four years since the elected officials and several department heads attended the first two-part Emergency Preparedness training session provided by Chaffee County Emergency Manager Richard. Atkins. Swisher shared that ift the processes and procedures you have learned are not practiced, efficiency and skills are compromised. Trustee Swisher knows we will all work together as needed in an emergency but wants the Staff, elected officials, and community to have the  meetings.  regret.  tools to succeed.  BOARDOF1 TRUSTEES OF THET TOWN OFE BUENA VISTA  Page 8of9 June 25, 2024  Regular Meeting    MOTION NO. 06: ADJOURNED AT8 8:39P PM.  THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE BOARD, THE MEETING BE  RESULTS MOVER: SECONDER: AYES:  CARRIED Trustee Rowe Trustee Huyck  Huyck, Lucrezi, Rice, Rosenoer, Rowe, Swisher  Respectfully: submitted:  fky Libby Fay, Mayor  1S74 SITED) T SEILE   AT Paula Barnett, Town Clerk  BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA  Page 9of9 June 25, 2024  Regular Meeting