MINUTES OF THE BUENA VISTA BOARD OF TRUSTEES  REGULAR MEETING Tuesday, May 28, 2024  TRE TOVN BUENA VISTA) co  MINUTES OF THE MEETINGS OF THE BOARD OF TRUSTEES ARE A TRANSCRIPT OF THE GOVERNING Work Session at 6:00 PM- = Recreation Director Shane Basford and' Town Treasurer Phillip Puckett 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 Brian Berger, Town Treasurer Phillip Puckett, Recreation Director Shane Basford, and Deputy Town Clerk Lillian Simpson. Recreation Director Shane Basford presented information about the recreation department's staffing history, growth, revenue, project updates, and some highlights from his staff report. Basford responded Town Treasurer Phillip Puckett presented information about the finance department staff, responsibilities, engagement with the community, and project updates, and Puckett responded to the  BODY'S ACTIONS RATHER THAN A VERBATIM RECORD OF DELIBERATIONS.  tot the Trustee's comments and questions.  Trustee'scomments and questions.  Ani in-person/virtual regular meeting of the Board of Trustees was called to order by Mayor Libby Fay at 7:00 PM, Tuesday, May 28, 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 Town Attorney Kathryn Sellers Planning Director. Joel Benson PLEDGE OF ALLEGIANCE Mayor Fay led the pledge of allegiance. BOARD OF TRUSTEES OF THE TOWN OFE BUENAY VISTA Regular Meeting  Town Treasurer Phillip Puckett Public Works Director Shawn Williams Deputy Town Clerk Lillian Simpson  Page 1of8 May 28, 2024    PROCLAMATION- Recognizing the Public Service of Lois Walton  AGENDA. ADOPTION MOTION NO.1: MOVE TO APPROVE THE AGENDA  RESULTS MOVER: SECONDER: AYES:  CARRIED Trustee Lucrezi Trustee Rice  Huyck, Lucrezi, Rice, Rosenoer, Rowe, Swisher  CONSENT AGENDA  Approval of matters that are routine in nature that require review and/or approval, ie. minutes and reports. Professional Service Agreements (PSA]that exceed; $25,000.00require the Consent Agenda to be  approved by a Roll Call Vote). A. Minutes  1. Board of Trustees Regular Meeting - May 14, 2024 2. Tree Advisory Board Minutes - April 4, 2024 3. Water Advisory Board - April 18, 2024 4. Recreation Advisory Board - April 17, 2024  B. Town Clerk Report Treasurer Report D. Recreation Report E. Airport Manager Report  F. Adoption of Resolution No. 44, Series 2024, entitled "A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA, COLORADO, APPROVING COLORADO DIVISION OF AERONAUTIC-DISC-DISCRETIONARY AVIATION GRANT RESOLUTION FOR: 2024 NORTH APRON REHABILITATION AND EXPANSION PROJECT (24-AEJ-01) PLANNING & DESIGN PHASE"  MOTION NO. 2:  MOVE TO APPROVE THE CONSENT. AGENDA  RESULTS MOVER: SECONDER: AYES:  CARRIED Trustee Lucrezi Trustee Swisher  Huyck, Lucrezi, Rice, Rosenoer, Rowe, Swisher  PUBLIC COMMENT  Joseph Drexler, 18525 Vial Ponderosa, al local middle schoolerand winner of the Colorado Civics Bee, spoke about looking for civics bee topics and settled on student dropout rates. Drexler said a common theme associated with dropout rates is that students feel unempowered. He feels that something schools need to do to help students feel more empowered and engaged is to make. sure they are learning about civics Earl Richmond, Town of Buena Vista Special Projects Manager; Kelly Collins, Chair of the Trails Advisory Board; John Kreskiv with Arkansas Headwaters Recreation. Area; and Alan Robinson, via Zoom, spoke about  and how they can make a difference in their communities through their government.  BOARD OF TRUSTEES OFT THET TOWN OF BUENA VISTA  Page 2of8 May 28, 2024  Regular Meeting    Lois Walton's impact on the Buena Vista recreation community and thanked her again for all she has  accomplished. BUSINESSI ITEMS  Public Hearing- = Dragon Sushi Bar Hotel & Restaurant Liquor License  Town. Administrator Brian Berger stated the Board is being asked to consider approving an application for aHotel & Restaurant Liquor License for Dragon Sushi Bar LLC dba Dragon Sushi Bar, located at 328 Charles Street, Sara Hernandez, owner. Berger reviewed that on April 22, 2024, Hernandez submitted an application for a Hotel & Restaurant Liquor License. The required fees, publication and posting of the public hearing, possession of the premises, completion of the Needs & Desires petition, and background Berger stated Planning Director. Joel Benson, Police Chief Dean Morgan, Code Enforcement Officer Grant Bryans, Chaffee County Consumer Protection Specialist Stefanie Nelson, and Chaffee County Fire Protection District Fire Marshall Kira. Jones have approved the liquor license issuance. Sara Hernandez, the owner of Dragon Sushi Bar, spoke briefly about the restaurant and stated that they opened on Monday, May 27, 2024, and are happy about the community support. Mayor Fay asked if Mayor Fay opened the Public Hearing for public comment. No comments were received, and the Public  checks have been met.  employees would be TIPS trained, and Hernandez responded yes.  Hearing was closed. MOTION NO. 3: DRAGON SUSHI BAR. RESULTS MOVER: SECONDER: AYES:  MOTION TO APPROVE A HOTEL & RESTAURANT LIQUOR LICENSE FOR DRAGON SUSHI BAR LLC dba  CARRIED Trustee Rosenoer Trustee Lucrezi  Huyck, Lucrezi, Rice, Rosenoer, Rowe, Swisher  The Crossing Subdivision Update  Paul Andrews with Crossman's Development Ltd. gave a brief overview of The Crossing's location and history and restated that the development's goal is to create a year-round and diverse community. He covered that they are committing 50% of Phase 1 residences to be permanently deed-restricted to certain lower-income residents and spoke about how they reached 50% affordability through partnerships with multiple entities, including the Chaffee Housing Trust, Chaffee Housing Authority, and Town and State Andrews then discussed the proposed street names they will choose from and how local historian Suzy Kelly, the Police Department, the school district, and more helped submit the names ofs significant Buena He discussed the next steps and schedule, noting multiple items on the. June 11th board agenda and a  funding.  Vista past residents as possible street names. mid-June infrastructure groundbreaking. BOARD OF TRUSTEES OF THE TOWN OFE BUENA VISTA  Page 3of8 May 28, 2024  Regular Meeting    Project Update - Carbonate Street  Should the Board of Trustees approve the adoption of Resolution No. 45, Series 2024, entitled, "A RESOLUTION OF THE BOARD OF TRUSTEES FOR THE TOWN OF BUENA VISTA, COLORADO, APPROVING PARTIAL: SUBORDINATION OFI DECLARATION OF AFFORDABILITY COVENANTS AND: SUBORDINATION OF DEEDS OF1 TRUSTS FOR CARBONATE: STREET APARTMENTS (ALSO KNOWN AS MIDLAND. APARTMENTS)." Should the Board of Trustees approve the adoption of Resolution No. 46, Series 2024, entitled, "A RESOLUTION OF THE BOARD OF TRUSTEES FOR THE TOWN OF BUENA VISTA, COLORADO, APPROVING FIRST AMENDMENT TOI DEVELOPMENT AGREEMENT FOR CARBONATE STREET APARTMENTS, LLC." Joseph Teipel, Carbonate Street Project Manager, began by briefly covering the history of the Carbonate Street project to ensure Board members are on the: same page. He said there is currently concrete in the ground for Phase 1 of the project, which focuses on rental housing and a core and shell of an early childcare facility. Teipel covered what was used to fund the project and 30-year deed restrictions for affordability: and quickly summarized the action needed from the Board via resolution to keep the project  and  moving forward. MOTION NO. 4:  MOVE TO ADOPT RESOLUTION NO. 45, APPROVING PARTIAL SUBORDINATION OF DECLARATION OF AFFORDABILITY COVENANTS AND SUBORDINATION OF DEEDS OF TRUSTS FOR CARBONATE STREET  APARTMENTS (ALSO KNOWN AS MIDLAND APARTMENTS).  RESULTS MOVER: SECONDER: AYES:  CARRIED Trustee Lucrezi Trustee Rowe  Huyck, Lucrezi, Rice, Rosenoer, Rowe, Swisher  MOTION NO.5:  MOVE TO ADOPT RESOLUTION NO. 46, APPROVING FIRST AMENDMENT TO DEVELOPMENT AGREEMENT  FOR CARBONATE STREET APARTMENTS, LLC  RESULTS MOVER: SECONDER: AYES:  CARRIED Trustee Rowe Trustee Huyck  Huyck, Lucrezi, Rice, Rosenoer, Rowe, Swisher  Teipel then continued to speak about the early childcare center (ECC) of the Carbonate Street project, including details of the Department of Housing and Urban Development (HUD) federal grant, the requirements, and how to utilize thet funds. He said these funds may possibly be used to finish the interior Town Administrator Brian Berger said that it may be easier to use HUD funds for the ECC and how the request for proposals (RFP) the Town is putting out for potential operators of the ECC: states that funding may be available to complete thei facility, which is estimated to cost approximately $1.4M. Trustee Huyck asked when we would know about using HUD funds fort the ECC. Berger answered that the first biggest hurdle is the environmental review, SO overall, it could be about 6-9 months until we havea  of the childcare facility to achieve an occupiable building.  HUD contract.  BOARD OF TRUSTEES OFT THE TOWN OF BUENA VISTA  Page 4of8 May 28, 2024  Regular Meeting    Teipel then discussed the RPF for the childcare provider and how it is purposefully vague regarding construction funding because the Town cannot guarantee a finished facility, but the Town is also not committing the childcare operator to raising over a million dollars in funds. Trustee Huyck asked what would happeni if HUDs says we cannot use the funds fori the ECC. Berger answered that Town funds can be shuffled, or we can go to DOLA. The need for childcare in Town has been identified at the state level, sO Berger then mentioned to the board that RFPS do not normally require board approval but wanted direction from the board. Mayor Fay stated that the Board will leave it up to staff to decide when to put Teipel wrapped up with a brief recap of phase 2 concepts of the Carbonate Street project, which could include privately owned homes with affordability gained through a ground lease structure.  our application would be competitive.  out the RFP.  The Farm Phase 1  Should the Board of Trustees approve the adoption of Resolution No. 47, Series 2024, entitled "A RESOLUTION OF THE BOARD OF TRUSTEES FOR THE TOWN OF BUENA VISTA, COLORADO, ACCEPTING THE PUBLIC IMPROVEMENTS AND INFRASTRUCTURE FOR THE FARM MINOR SUBDIVISION AND THE Public' Works Director Shawn Williams began by giving the board an overview of the memo regarding the final acceptance oft the public improvements agreement (PIA) for The Farm Phase 1. Williams clarified for the board of the PIA covers and what the homeowners association requires. He mentioned that Fading West has been waiting to get one more house set on a vacant lot before completing all items outlined in Fading West has provided the Town with a special warranty deed for the conveyance of title fort the public improvements and physical facilities and infrastructure to the Town. The board made the adoption oft the resolution conditional on the Town Attorney receiving and reviewing the special warranty deed or bill of  FARM MAJOR SUBDIVISION FILING NO.1."  the PIA.  sale, as recommended by Public' Works.  MOTION NO. 6:  MOVE TO ADOPT RESOLUTION NO. 47, ACCEPTING THE PUBLIC IMPROVEMENTS AND INFRASTRUCTURE FOR THE FARM MINOR SUBDIVISION AND THE FARM MAJOR SUBDIVISION FILING NO. 1 CONDITIONED ON RECEIPT OF EITHER THE DEED OR BILL OF SALE APPROVED BYTHE TOWN ATTORNEY  RESULTS MOVER: SECONDER: AYES:  CARRIED Trustee Rowe Trustee Rosenoer  Huyck, Lucrezi, Rice, Rosenoer, Rowe, Swisher  2023 Audit Report  Town Treasurer Phillip Puckett started by briefly summarizing the audit process. Jim Hinkle with Hinkle & Company CPAS was present and spoke about the process as well, saying the Town did not have any significant deficiencies or material weaknesses. Hinkle also said that this year, the Town had an additional audit requirement ast there werer more than $750ki int federal award (grant) moneyexpenditures, and there  were no instances of noncompliance. BOARD OF TRUSTEES OFTHET TOWN OFE BUENA VISTA  Page 5of8 May 28, 2024  Regular Meeting    MOTION NO.7:  MOVE TO ACCEPT THE 2023 FINANCIAL STATEMENT AND AUDIT REPORT  RESULTS MOVER: SECONDER: AYES:  CARRIED Trustee Swisher Trustee Lucrezi  Huyck, Lucrezi, Rice, Rosenoer, Rowe, Swisher  Volunteer Firefighter Plan Affiliation Agreement  Town Treasurer Phillip Puckett summarized for the board that, despite shutting down the Buena Vista Fire Department in 2021, twelve (12) former volunteer retirees receive pension benefits, sO the Town  needs to continue working with FPPA to administer the program.  MOTION NO. 8:  MOVE TO. APPROVE. AGREEMENT WITH THE FIRE. AND POLICE PENSION ASSOCIATION (FPPA) RELATEDTO  THE TOWN'S VOLUNTEER FIRE DEPARTMENT PENSION PLAN  RESULTS MOVER: SECONDER: AYES:  CARRIED Trustee. Lucrezi Trustee Rice  Huyck, Lucrezi, Rice, Rosenoer, Rowe, Swisher  Town of Buena Vistal Municipal Code Change  Should the Board of Trustees approve the adoption of Ordinance No. 10, Series 2024, entitled, "AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA AMENDING CERTAIN SECTIONS IN CHAPTER 2, ARTICLEIOFTHE BUENA VISTA MUNICIPAL CODE CONCERNING THE CHANGE Should the Board of Trustees approve the adoption of Ordinance No. 11, Series 2024, entitled, "AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA AMENDING SECTION 1-46 OF THE BUENA VISTA MUNICIPAL CODE CONCERNING THE PUBLICATION OF ORDINANCES." Mayor Fay briefly explained to the board that ordinances 10 and 11 relate to the ballot questions passed  IN THE TOWN'S REGULAR ELECTION DATE."  and  in the April election and need to be codified.  MOTION NO.9:  MOVE TO ADOPT ORDINANCE NO. 10, AMENDING CERTAIN SECTIONS IN CHAPTER 2, ARTICLEIOF THE BUENA VISTA MUNICIPAL CODE CONCERNING THE CHANGE IN THE TOWN'S REGULAR ELECTION DATE.  RESULTS MOVER: SECONDER: AYES:  CARRIED Trustee Huyck Trustee Rowe  Huyck, Lucrezi, Rice, Rosenoer, Rowe, Swisher  MOTION NO. 10:  MOVE TO ADOPT ORDINANCE NO.: 11, AMENDING SECTION 1-46OF THE BUENA VISTA MUNICIPAL CODE  CONCERNING THE PUBLICATION OF ORDINANCES. BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA  Page 6of8 May 28, 2024  Regular Meeting    RESULTS MOVER: SECONDER: AYES:  CARRIED: Trustee Rowe Trustee Swisher  Huyck, Lucrezi, Rice, Rosenoer, Rowe, Swisher  Together We Stand Project TOGETHER WE STAND."  Should the Board of Trustees approve the adoption of Resolution No. 48, Series 2024, entitled, Mayor Fay began by stating that resolution No. 48 is based on the book The Bill of Obligations and the League of Women Voters project TOGETHER WE STAND: The Ten Habits of Good Citizens." Trustee Rice stated he had no objection to any of the principles listed in the resolution but was unsure why the name of the book and author needed to be mentioned in the resolution. He suggested an amendment to remove the book reference. Trustees generally agreed they would be more comfortable simply endorsing the principals. Trustee Rosenoer. said that she could not support the resolution because oft the language included, specifically noting the section that the Habits of Citizenship be placed alongside The Trustees passed the resolution after agreeing to remove the reference to the book and author and the language associated with placing the citizenship principles alongside the Bill of Rights, although  the Bill of Rights.  Trustee Rosenoer still chose to vote no after this amendment was agreed upon.  MOTION NO.11:  MOVETO ADOPT RESOLUTION NO. 48, SUPPORTING TOGETHER WE STAND AS AMENDED  RESULTS MOVER: SECONDER: AYES: NYES:  CARRIED Trustee Huyck Trustee Rice. Rosenoer  Huyck, Lucrezi, Rice, Rowe, Swisher  Trustee/Staff Interaction the Carbonate Street project.  Planning Director. Joel Benson reminded the Trustees that the Carbonate Street Project Phase 2 may be impacted by South Main Phase 3, which may determine thei final number of homes constructed as part of Benson then shared with the board that the Comprehensive Plan's kickoff meeting was held, and there  will be a community open house on. June 20th. Puckett congratulated the graduating class of 2024.  Executive Session  An executive session to determine positions relative to matters that may be subject to negotiations, develop a strategy for negotiations, and/or instruct negotiators, pursuant to C.R.S. S 24-6-402(4)(e),  concerning the Topside Annexation. BOARD OFT TRUSTEES OF THE1 TOWN OF BUENAVISTA  Page7of8 May 28,2024  Regular Meeting    MOTION NO.12:  MOVE TO GO INTO EXECUTIVE SESSION  RESULTS MOVER: SECONDER: AYES:  CARRIED Trustee Rowe Trustee Rosenoer:  Huyck, Lucrezi, Rice, Rosenoer, Rowe, Swisher  The Board took a: 10-minute break  The Board went into Executive Session at 9:27 PM. Present for the Executive Session were Mayor Libby Fay, Trustees Maggie Huyck, Gina Lucrezi, Andrew Rice, Micha Rosenoer, Devin Rowe, Cindie Swisher, Town Administrator Brian Berger, Town Attorney Kathryn Sellers, Planning Director Joel Benson, Town  Treasurer Phillip Puckett, and Public Works Director Shawn Williams.  The Board left the Executive Session at 10:20 PM.  MOTION NO.: 13: 10:20 PM.  THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE BOARD, THE MEETING BE ADJOURNED AT  RESULTS MOVER: SECONDER: AYES:  CARRIED Trustee Rice Trustee Rowe  Huyck, Lucrezi, Rice, Rosenoer, Rowe, Swisher  Respectfully submitted:  Ay Libby Fay, Mayor  Clerk  AE  m.Bel  *SEAL* DED ATED  BOARD OF TRUSTEES OF THET TOWN OF BUENA VISTA  Page 8of8 May 28, 2024  Regular Meeting