MINUTES OF THE BUENA VISTA BOARD OF TRUSTEES  BUENA VISTA CO  REGULAR MEETING Tuesday, March 12, 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. An in-person/virtual regular meeting oft the Board of Trustees was called to order by Mayor Libby Fay at 6:03 PM, Tuesday, March 12, 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 Sue Cobb Peter Hylton-Hinga Gina Lucrezi Andrew Rice 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 Planning Director Joel Benson Police Chief Dean Morgan via Zoom PLEDGE OF ALLEGIANCE Mayor Fay led the pledge of allegiance. AGENDA ADOPTION MOTION NO. 01:  Town Attorney. Jeff Parker via Zoom Public Works Director Shawn Williams Town Clerk Paula Barnett  MOVE TO APPROVE THE AGENDA.  RESULTS MOVER SECONDER: AYES:  CARRIED Trustee Cobb Trustee Rowe  Cobb, Hylton-Hinga, Lucrezi, Rice, Rowe, Swisher  BOARD OF TRUSTEES OF THE TOWN OFE BUENA VISTA  Page 1of9 March1 12, 2024  Regular Meeting    EXECUTIVE SESSION  An executive session to consider a personnel matter, pursuant to CRS S 24-6-402(4)(f) and not involving any specific employees who have requested discussion oft the matter in open session; any member oft 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. The following additional information is provided: Board of Trustees' evaluations oft the Town Administrator.  MOTION NO. 02:  MOVE TOGO INTO EXECUTIVE SESSION.  RESULTS MOVER: SECONDER: AYES:  CARRIED Trustee Hylton Hinga Trustee Lucrezi  Cobb, Hylton-Hinga, Lucrezi, Rice, Rowe, Swisher  The Board went into Executive Session at 6:06 PM. Present fort the Executive Session were Mayor Libby Fay, Trustees! Sue Cobb, Peter Hylton-Hinga, Gina Lucrezi, Andrew Rice, Devin Rowe, Cindie  Swisher, and Town Administrator Brian Berger. The Board left the Executive Session at 6:55 PM. The regular meetingresumed at 7:05 PM.  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. $25,000.00 require the Consent  Agenda to be approved by a Roll Call vote).  A. Minutes  1. Board of Trustees Regular Meeting - February 27, 2024 2. Airport Advisory Board Meeting - January 30, 2024 3. Beautification Advisory Board Meeting - January 4, 2024 B. Adoption of Resolution No. 25, Series 2024, entitled, "A RESOLUTION OF THE BOARD OF TRUSTEES FOR THE TOWN OF BUENA VISTA, COLORADO, APPOINTING LAURA TURK AS AN ALTERNATE MEMBER OF THE C. Adoption of Resolution No. 26, Series 2024, entitled, "A RESOLUTION OF THE BOARD OF TRUSTEES FOR THE TOWN OF BUENA VISTA, COLORADO, RENEWING THE TERM FOR KELLY COLLINS AND COLLEEN FITZGERALD ASA VOTING MEMBERS AND APPOINTING JENNIFER DICIESARE AS AN ALTERNATE MEMBER OF THE TRAILS ADVISORY BOARD."  RECREATION ADVISORY BOARD."  BOARD OF TRUSTEES OF1 THE TOWNO OFE BUENA VISTA  Page 2of9 March 12, 2024  Regular Meeting    MOTION NO. 03:  MOVE TO APPROVE THE CONSENT AGENDA.  RESULTS MOVER: SECONDER: AYES:  CARRIED Trustee Lucreiz Trustee. Cobb  Cobb, Hylton-Hinga, Lucrezi, Rice, Rowe, Swisher  PUBLIC COMMENT  Justin Kurth, Regional Director for U.S. Representative Brittany Pettersen, gave a congressional update to the Trustees. Kurth shared Congresswoman Pettersen has secured $1.2 million in Community Project Funds for the Carbonate Street affordable housing and childcare  development center project. PRESENTATIONS  Planning & Zoning Commissioner Introductions  Planning Director Joel Benson gave an overview of the responsibilities of the Planning & Zoning Commission and the working relationship between the Commission and the Board of Trustees. Benson stated Buena Vista town residents Tina Bennetts and Michael Westheimer have submitted applications to serve on the Planning & Zoning Commission and are being considered to fill thei two alternate member positions. Bennetts and Westheimer briefly introduced themselves and stated why they would like to serve on the Planning & Zoning Chaffee County Community Wildfire Protection Plan Update - Forest Health Council Envision Chaffee County Program Director Kim Marquis and members oft the Forest Health Council provided the Board with an update on the Wildlife Protection Plan.  Commission.  Public Hearing - Water Allocation Policy  Should the Board ofTrustees approve the adoption of Resolution No. 27, Series 2024, entitled "AI RESOLUTION OF THE BOARD OF TRUSTEES FOR THE TOWN OF BUENA VISTA, COLORADO, APPROVING AMENDMENTS TO THE TOWN OF BUENA VISTA WATER ALLOCATION POLICY." Benson stated the Water Allocation Policy is to be reviewed annually and amended to include the 50-acre feet (50AF) water augmentation certificates purchased from the Upper Arkansas Water Conservancy District. Benson stated that the policy includes the proposed changes from Benson said the proposed changes are adjustments to categories to include the 50AF of water, minor reallocations since this is the first year of analysis, some text for clarification, and  the February 13, 2024, Work. Session.  language about the 50AF. BOARD OF1 TRUSTEES OFT THET TOWN OFE BUENAVISTA Regular Meeting  Page 3of9 March: 12,2024    Trustee Hylton-Hinga stated that reviewing the Water. Allocation Policy annually allows the Board to reallocate water as needed. Trustee Hylton-Hinga expressed concern that if specific buckets are not being utilized, the question to be asked is why they are not, evaluate what can Mayor Fay opened the Public Comments portion of the Public Hearing, and no comments were  be done to use the particular buckets and provide incentives to developers.  received. MOTION NO. 04: POLICY.  MOVE TO APPROVE RESOLUTION NO. 27 ADOPTING THE TOWN OF BUENA VISTA WATER  RESULTS MOVER: SECONDER: AYES:  CARRIED Trustee. Lucrezi Trustee Rowe.  Cobb, Hylton-Hinga, Lucrezi, Rice, Rowe, Swisher  Public Hearing - Spoon-Fed LLC dba Simply Eatery  Town Clerk Paula Barnett reviewed the Board is being asked to consider approving an application foraHotel & Restaurant Liquor License for Spoon-Fed LLC dba Simple Eatery, located at 402 E. Main Street, owner Ryan McFadden. Simple Eatery currently has a Beer and Wine License that allows them to sell only wine and beer. A Hotel & Restaurant license authorizes the The change ofl license type processi ist the same as ifthe applicant twere applying foranewl license, except completing the Needs and Desires petition andi the Town/County Departmental. Approval Form, which are not required since the business has an active liquor license. The appropriate fees have been paid, and the Notice of the Public Hearing was published in the Chaffee County Times and posted on the property. Background checks were: submitted for Ryan McFadden, and satisfactory results were received from the Colorado Bureau of Investigation and the Federal Bureau of Investigation. Proof of possession oft the premises has been provided. Ryan McFadden shared with the Board that Simple Eatery has held a Beer & Wine liquor license for eight years, and since the restaurant no longer self-server yogurt, he plans to Mayor Fay opened the Public Comments portion of the Public Hearing, and no comments  sale of malt, vinous, and spirituous liquor.  remodel and utilize that space as al bar.  were received. MOTION NO.05:  MOVE TO APPROVE THE ISSUANCE OF A HOTEL & RESTAURANT LIQUOR LICENSE TO  BOARD OF TRUSTEES OFT THE TOWN OFE BUENAY VISTA  Page4of9 March 12, 2024  Regular Meeting    SPOON-FED LLC dba SIMPLY EATERY LOCATED AT 402 E. MAIN STREET, RYAN MCFADDEN,  OWNER.  RESULTS MOVER: SECONDER: AYES:  CARRIED Trustee Cobb Trustee Swisher  Cobb, Hylton-Hinga, Lucrezi, Rice, Rowe, Swisher  Public Hearing - Coyote Mezcaleria y Cerveceria LLC dba Coyote Mezcaleria y Cerveceria Barnett reviewed that Steven Trujillo applied for a Tavern Liquor License for Coyote Mezcaleria yCerveceria, located at 801 Front Loop, Unit 1A, the current location of Black Burro Bikes. The appropriate fees have been paid, and the Notice of the Public Hearing was published in the Chaffee County Times and posted on the property. Background checks were submitted for Steven Trujillo, and: satisfactory results were received from the Colorado Bureau of Investigation and the Federal Bureau of Investigation. Proof of possession oft the premises has been provided, Police Chief Dean Morgan, Planning Director Joel Benson, Code Enforcement Officer Grant Bryans, and Chaffee County Consumer Protection Specialist Stefanie Nelson have approved the license issuance. Approval from Chaffee County Fire Protection District Fire Marshall Kira Jones and Chaffee County Building Department Deputy Building Official Chad Chadwick is pending inspections and a Certificate of Occupancy issued. A Revocable Encroachment License Agreement between the Town and Steven Trujillo, allowing the use of a portion of the public sidewalks on the north side oft the building for customer. seating, is also pending. Barnett said the Board is asked to consider a motion to conditionally approve the tavern liquor license pending approvals from Chaffee County Fire Protection District and Chaffee County Building Department and the executed Revocable Encroachment License Agreement, approve with amendments or deny the application for a Tavern Liquor License for Coyote Mezcaleria y Steven Trujillo shared that the tavern will share the space with Black Burro Bikes and is designed Trustee Cobb asked if events would be held at the location, and Trujillo stated they would be Mayor Fay opened the Public Comments portion of the Public Hearing, and no comments  and A Needs & Desires Petition oft the neighborhood circulated.  Cerveceria.  tol have a cozier, upscaled atmosphere. renting the space for private events.  were received.  BOARD OFT TRUSTEES OF THE TOWN OFE BUENA VISTA  Page 5of9 March: 12, 2024  Regular Meeting    Trustee Lucrezi moved, and Trustee Rowe seconded the motion to approve the tavern liquor license for Coyote Mezcaleria y Cerveceria. Trustee Swisher requested the motion be amended tobe a conditional approval oft the tavern liquor license pending approvals from Chaffee County Fire Protection District and Chaffee County Building Department, as well as the executed  Revocable Encroachment License. The Board agreed to the amendments.  MOTION NO.06:  MOVE TO CONDITIONALLY APPROVE THE COYOTE MEZCALERIA Y CERVECERIA TAVERN LIQUOR PENDING APPROVALS FROM CHAFFEE COUNTY FIRE PROTECTION DISTRICT AND CHAFFEE COUNTY BUILDING DEPARTMENT. ANDTHE EXECUTED REVOCABLE ENCROACHMENT  LICENSE. AGREEMENT.  RESULTS MOVER: SECONDER: AYES:  CARRIED Trustee Lucrezi Trustee Rowe.  Cobb, Hylton-Hinga, Lucrezi, Rice, Rowe, Swisher  Arizona Street Trail and Bridge Project and Colorado Department of Transportation (CDOT) Town Administrator Brian Berger reviewed the history of the. Arizona Street Trail & Bridge Project, including the funding source of "80/20 money" (80% Colorado Department of Transportation (CDOT), /Federal Funds, 20% local agency funds with 8% from the County, and 12% from the Town). When the project was awarded and the original contracts finalized in 2012, the estimated cost ofthe project was $611,500, with CDOT contributing an amount not to exceed $489,248, the County would contribute $48,925, and the Town would contribute the When the project began, and the grant was applied for, estimates were based on a pedestrian bridge, trail, and stripping. Over the past eleven years, as the project went through the design and engineering phase, the complexity of the project grew with requirements from the Federal Emergency Management Agency (FEMA) for a Conditional Letter of Map Revision since the project would require work done in a floodplain, a required environmental assessment, and the need to deepen the water main as part of the project resulting in work being performed in the stream which is under the jurisdiction of the US Army Corps of Engineers. When the project was put out for bid in 2022 and 2023, the Town received one bid each cycle, with the latest bid coming in at $2,993,630 ($1,793,620 over the budgeted $1,200,000 funds). The town's engineering consultant on the project provided an opinion for consideration, which included, "The bid price may not be ini the town's best interest." Staff also identified that the Town did not have the additional $1,793,620 to contribute to the project. Based on this, the  Grant  remaining $73,387.  BOARDO OF TRUSTEES OF1 THE TOWN OF BUENA VISTA  Page 6of9 March1 12,2024  Regular Meeting    Board motioned to reject the bid received at the November 14, 2023 Board of Trustees Staff met with CDOT representatives to discuss the next steps related to the original 2012 grant. CDOT relayed that the current grant and approved extensions expire September 15, 2024, meaning the project as currently designed would need to be completed and all expenditures made by that date. Representatives also indicated there's not an option for an additional extension. Ifthe project's design were to change, it would require design approval by CDOT, and the potential of getting it redesigned, approved by CDOT, through the bid process, and constructed by September is not feasible. There is also the potential that a With the inability to redesign the project ini the timeframe associated with the grant, iti is proposed to allow the funds to revert back to CDOT. CDOT has said that the federal funds would be pooled with the San Luis Valley Transportation Planning Region, which Buena Vista and Chaffee County are a part of and utilized locally. CDOT also said that the Town would not Trustees Cobb and Hylton-Hinga stated the Arizona Street Trail and Bridge project may need to be revisited ini the future due to the number of people using the bridge and its poor condition. MOVE TO APPROVE THE FUNDS ASSOCIATED WITH CDOT AGREEMENT #22-HA5-XC-00046 REVERT BACK TO CDOT, AND THE REMAINING TOWN FUNDS BUDGETED IN 2024 REVERTTO FUND BALANCE, ALLOWING FOR INCREASED CAPACITY IN IMPLEMENTING PRIORITIES  meeting.  redesign could stray from the original narrative of the grant application.  be obligated to repay the requisitions made to date for design.  MOTION NO. 07:  IDENTIFIED THROUGH THE 2024 COMPREHENSIVE PLAN UPDATE.  RESULTS MOVER: SECONDER: AYES:  ROLL: CALL  CARRIED Trustee Rowe. Trustee. Rice  Cobb, Hylton-Hinga, Lucrezi, Rice, Rowe, Swisher  STAFF REPORTS  Police Chief-H Highlights of the report in the packet were reviewed, and Morgan responded Planning Director- Highlights of the report in the packet were reviewed, and Benson Benson asked the Trustees if they! had any concerns with Tina Bennetts and Michael Westheimer being appointed to the Planning & Zoning Commission as alternate members.  to the Trustee's comments and questions.  responded to the Trustee's comments and questions.  BOARD OF TRUSTEES OFT THE TOWNO OFE BUENAVISTA  Page7 7of9 March12,2024  Regular Meeting    The Board agreed they were in support of the appointments. A resolution appointing Bennetts and Westheimer to the Commission will be included in the March 26, 2024, Board ofTrustees Benson briefly discussed that the Staff has been working with multiple entities over the past two years on the Chicago Ranch revegetation plan to ensure iti is agreeable to all invested parties. The revegetation plan will be drafted into the annexation agreement. Berger stated Public Works Director Highlights ofi the report in the packet were reviewed, and Williams  Consent Agenda.  the revegetation of the property will be a 10to 12-year project. responded to the Trustee's comments and questions.  TRUSTEE INTERACTION  Trustees reported on or commented about recent and upcoming events, activities, and topics. Trustee Cobb shared that the Congressionally Directed Spending (CDS) application cycle has opened, and the deadline to submit applications is March 29th. Trustee Cobb suggested applying fori funding for the airport fuel inland project. Berger agreed that it would be a good project to consider and recommended that the Board and Staff create a list of possible projects to apply for grant funding that can be referenced when short notice is received for Mayor Fay shared that the Places to Age Group is applying for a 6r million dollar grant to construct an assisted living facility with a memory care unit in Salida and has requested the  grant opportunities.  Town provide a letter of support. MOTION NO. 08: THEIR GRANT APPLICATION.  MOVE TO PROVIDE A LETTER OF SUPPORTTOTHE PLACES TO AGE GROUP TO BE INCLUDED IN  RESULTS MOVER: SECONDER: AYES:  CARRIED Trustee Swisher Trustee Cobb  Cobb, Hylton-Hinga, Lucrezi, Rice, Swisher, Rowe  BOARD OF1 TRUSTEES OF1 THE TOWN OFE BUENAN VISTA  Page 8of9 March1 12,2024  Regular Meeting    MOTION NO. 09: ADJOURNED AT 9:33 PM.  THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE BOARD, THE MEETING BE  RESULTS MOVER: SECONDER: AYES:  CARRIED Trustee, Rowe Trustee Cobb.  Cobb, Hylton-Hinga, Lucrezi, Rice, Swisher, Rowe  Respectfully submitted:  Kw1 Libby Fay, Mayor  ost Paula Barnett, Town Clerk  BOARD OF TRUSTEES OF THET TOWN OFE BUENAN VISTA  Page 9of9 March 12, 2024  Regular Meeting