TRE TOVKOF BUENA VISTA co MINUTES OF THE BUENA VISTA BOARD OF TRUSTEES REGULAR MEETING Tuesday, January 23, 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 of the Board of Trustees was called to order by Mayor Libby Fay at 7:02 PM, Tuesday, January 23, 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 via Zoom Town Staff Present: Town Administrator Brian Berger Town Attorney Jeff Parker via Zoom Public Works Director Shawn Williams Planning Direction Joel Benson via Zoom PLEDGE OF ALLEGIANCE Mayor Fay led the pledge of allegiance. AGENDA ADOPTION MOTION NO.1: Town Treasurer Phillip Puckett Recreation Director Shane Basford Town Clerk Paula Barnett Water Attorney Cindy Covell via Zoom MOVE TO APPROVE THE AGENDA. RESULTS MOVER SECONDER: AYES: CARRIED Trustee Lucrezi Trustee Cobb Cobb, Hylton-Hinga, Lucrezi, Rice, Rowe, Swisher BOARD OF1 TRUSTEES OF1 THE TOWNO OFE BUENA VISTA Page 1of7 January23,2024 Regular Meeting 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 - January 9, 2024 2. Beautification Advisory Board - December 7, 2023 B. Town Clerk Report Adoption of Resolution No. 11, Series 2024, entitled, "A RESOLUTION OF THE BOARD OF TRUSTEES FOR" THE TOWN OF BUENA VISTA, COLORADO, REAPPOINTING COLLEEN DEFFNER. AS A REGULAR VOTING MEMBER, AND DIANA WEIR AS AN ALTERNATE MEMBER TO' THE BEAUTIFICATION D. Adoption of Resolution No. 12, Series 2024, entitled, "AI RESOLUTION OF THE BOARD OF TRUSTEES FOR THE TOWN OF BUENA VISTA, COLORADO, REAPPOINTING ROY GERTSON, TONY LAGRECA AND RICK BIETERMAN AS REGULAR VOTING MEMBERS OF THE WATER ADVISORY BOARD." E. Adoption of Resolution No. 13, Series 2024, entitled, "AI RESOLUTION OF THE BOARD OF TRUSTEES FOR THE TOWN OF BUENA VISTA, COLORADO, REAPPOINTING MCKENZIE LYLE AS A REGULAR VOTING MEMBERS OF THE ADVISORY BOARD." RECREATION ADVISORY BOARD." MOTION NO.2: MOVE TO APPROVE THE CONSENT AGENDA. RESULTS MOVER: SECONDER: AYES: CARRIED Trustee Rowe Trustee Lucrezi Cobb, Hylton-Hinga, Lucrezi, Rice, Rowe, Swisher PUBLICCOMMENT Jerry Steinhauer, 436 Princeton Ave, Buena Vista, expressed his concerns with the Board approving a Water Augmentation agreement with the Upper Arkansas Water Conservancy District for 50AF of augmentation water. Steinhauer said that new water purchases should be paid for by the developers, subdivisions, and consumers utilizing the water, not current residents. Steinhauer asked the Board to put more thought into this topic before proceeding. BUSINESS ITEMS Public Hearing - Hi-Lonesome Boutique Retail Establishment Liquor Permit Town Clerk Paula Barnett reviewed that the Board is being asked to consider the approval of the Retail Establishment Liquor Permit for the Hi-Lonesome Boutique located at 505 E. Main BOARD OF1 TRUSTEES OF THET TOWN OF BUENAV VISTA Pagez 2of7 January 23, 2024 Regular Meeting Street, Unit 130,. Jennifer Cousins, owner. Al Retail Establishment liquor permit allows a retail business or art gallery to serve complimentary alcoholic beverages at their location for up to 24 days a year. The licensing procedure requires a retail establishment permit to be renewed annually and must be approved at the state and local levels. The licensing authorities cannot reject the license solely based on the retail establishment's proximity to a school. Barnett shared that on December 21, 2023, Jennifer Cousins, owner of Hi-Lonesome Boutique located at 505 E. Main Street, Unit 130, Buena Vista, submitted an application packet fora Retail Establishment Liquor Permit. The application is complete, fees have been paid, and the public hearing's date, time, and location were published and posted. Police Chief Dean Morgan has reviewed the application and approved the Retail Establishment Liquor Permit. Background checks and A Needs & Desires Petition are not required for this type of permit. Jennifer Cousins shared with the Board that on the dates she will provide complimentary Mayor Fay opened the hearing for public comment, and no comments were received. MOVE TO APPROVE THE RETAIL ESTABLISHMENT LIQUOR PERMIT FOR HI-LONESOME drinks, she plans to host musicians, and offer various classes. MOTION NO. 03: BOUTIQUE. RESULTS MOVER: SECONDER: AYES: CARRIED. Trustee Rowe Trustee Lucrezi Cobb, Hylton-Hinga, Lucrezi, Rice, Rowe, Swisher Fee Reduction Policy for Facility Rentals and Special Events Update Recreation Director Shane Basford reviewed the draft Fee Reduction Policy for Facility Rentals and Special Events with the Board. The policy is designed to provide an equitable. means for renters and event organizers to apply for fee reductions. Event permitting and reservation fees help cover administrative costs and contribute to improvements to facilities. Basford reviewed the current fee reduction policy for Chaffee County non-profit organizations, which allows qualified non-profit organizations to receive 50% offTown facility rentals for any event up to $1,000.00 per year. The proposed Fee Reduction for Capital Project Donations policy may allow Chaffee County non-profits that donate to a Town Capital Project to receive a fee reduction. The donation must be received before the special event seeking a fee adjustment. The capital projects donation in place of special event fees is reset each calendar year. The non-profit 50% fee reduction and the capital projects donation cannot be stacked. There is no limit on capital project donations in lieu of special event fees. BOARD OF1 TRUSTEES OF1 THET TOWNO OF BUENAV VISTA Page 3of7 January2 23, 2024 Regular Meeting Trustee Swisher said that, in her opinion, this policy is fairi to the non-profits and the town. Trustee Cobb asked if the Chaffee County non-profits have had a chance to review the policy, and Basford stated they will provide the policy to them upon approval of the Board. Upper Arkansas Water Conservancy District = Water Augmentation Agreement Should the Board of Trustees approve the adoption of Resolution No. 14, Series 2024, entitled, "A RESOLUTION OF THE BOARD OF TRUSTEES FOR THE TOWN OF BUENA VISTA, COLORADO, APPROVING A WATER AUGMENTATION AGREEMENT WITH THE UPPER ARKANSAS WATER CONSERVANCY DISTRICT FOR FIFTY ACRE FEET OF AUGMENTATION WATER." Planning Director Joel Benson reviewed that since 2021, the Board has been exploring the possibility of purchasing 50-acre feet (AF) of water from the Upper Arkansas Water Conservancy District (UAWCD). This acquisition would add to the agreements with the UAWCD to support the Town's needs and to support UAWCD'sinterest in Cottonwood Creek water rights. Benson stated the UAWCD Board reviewed the agreement during its. January 4, 2024 meeting, and the Trustees discussed it during its regular January 9 meeting. The Board directed stafft to proceed with finalizing the policy. Ifa approved, the agreement provides the following: from the Arkansas River's main stem. sources, e.g., the Fry-Ark Project Water. asr needed and as supplies allow. Secure an additional amount of wateri that could be used to augment the Town wells Provide emergency water for use in the River Park to augment Well #2 on Cottonwood Creek and to augment evaporative loss should there be a curtailment of Colorado River Have additional water that can be used for various development projects in the Town. Give a foundation agreement through which the Town can purchase additional shares Ensure that the UAWCD can set aside 50AF in perpetuity and that the Town commits to fulfilling its financial obligation for the purchase. Benson stated the total cost to purchase 50AF is $1,925,000.00. Since funds are unavailable to buy the full 50AF, the agreement is structured SO the Town purchases and acquires 5AF annually over ten years at a set price with al built-in 4% interest. There is a no-penalty pre-payment opportunity and the potential to defer payments for upi to three years should an Town Administrator Brian Berger reviewed that the Board had adopted a policy that requires all new annexations to provide water rights sufficient for their projects at the time of annexation and a Water Acquisition Fee was implemented in 2021 for new major subdivisions unexpected issue require the Town to divert funds. BOARD OFT TRUSTEES OF THET TOWNO OF BUENAV VISTA Page 4of7 January 23, 2024 Regular Meeting and building permits that would be used to go towards the acquisition of additional water such as this agreement. The Board, Staff, Town Attorney Parker, and Water Attorney Covell discussed the agreement, and Parker confirmed no changes have been made to the agreement since the Board reviewed it on. January 9th. MOTION NO. 04: MOVE TO ADOPT RESOLUTION NO. 14 APPROVING A WATER AUGMENTATION AGREEMENT WITHTHE UPPER ARKANSAS WATER CONSERVANCY DISTRICT FOR FIFTY ACRE FEET OF AUGMENTATION WATER. RESULTS MOVER: SECONDER: AYES: ROLL CALL CARRIED Trustee Rowe Trustee Lucrezi Cobb, Hylton-Hinga, Lucrezi, Rice, Rowe, Swisher SDCEA Water Treatment Plant Services Agreement Should the Board of Trustees approve the adoption of Resolution No. 15, Series 2024, entitled, "A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE TOWN OF BUENA VISTA AND SANGRE DE CRISTO ELECTRIC ASSOCIATION FOR WATER TREATMENT PLANT INFILTRATION Trustee Hylton-Hinga said he had a recent business conversation with the Sangre De Cristo Electric Association. Although it did not involve this topic, he would like to recuse himself from Public Works Director Shawn Williams reviewed that in 2023, the second phase of the Infiltration Gallery Expansion portion of the Water Treatment Plant Project began, requiring electric service. JVA Consulting Engineers and Sangre de Cristo Electric. Association's engineering department have reviewed the proposed installation and determined the new upgraded electric service is appropriately sized to perform. The timeline for substantial completion oft the Water Treatment Plant Infiltration Gallery Expansion Project is GALLERY ELECTRICAL SERVICES." the discussion. Trustee Hylton-Hinga left the room at 7:49 pm. August 16, 2024. The Board had al lengthy discussion on the gallery's water capacity, the benefits of long-term planning, and the town's water rights. MOTION NO. 05: MOVE TO ADOPT RESOLUTION NO. 15 APPROVING AN AGREEMENT BETWEEN THE TOWN AND SANGRE DE CRISTO ELECTRIC. ASSOCIATION FOR WATER TREATMENT PLANT INFILTRATION GALLERY ELECTRICAL SERVICES. BOARD OF TRUSTEES OF THE TOWNO OF BUENAV VISTA Page 5of7 January2 23, 2024 Regular Meeting RESULTS MOVER: SECONDER: AYES: ROLLY CALL CARRIED Trustee Cobb Trustee Rice Cobb, Lucrezi, Rice, Rowe, Swisher Trustee Hylton-Hinga rejoined the meeting at 7:58 pm. Authorization to Purchase Vehicles and Equipment Should the Board of Trustees approve the adoption of Resolution No. 16, Series 2024, entitled, "A RESOLUTION. APPROVING AND. AUTHORIZING THE TOWN OF BUENA VISTA PUBLIC' WORKS, AIRPORT, AND POLICE DEPARTMENTS TO PURCHASE VEHICLES AND EQUIPMENT FOR THE Williams reviewed with the Board that in previous years when vehicles and equipment were budgeted to be purchased, Staff would receive a quote, take the information to the Trustees for approval, and if approved, make the purchase. Staff is experiencing the time it takes to locate the vehicle and then come toi the Board for approval that another party has purchased it. In 2023, Staff received approval from the Board to find the necessary vehicles and equipment and proceed with the purchase. Staff is requesting the ability to perform due diligence ini finding the vehicles and equipment and purchasing them. 2024 CALENDAR YEAR. # MOTION NO. 06: MOVE TO ADOPT RESOLUTION NO. 16 AUTHORIZING THE TOWN OF BUENA VISTA PUBLIC WORKS, AIRPORT, AND POLICE DEPARTMENTSTO PURCHASE VEHICLES AND EQUIPMENT FOR THE 2024 CALENDAR YEAR. RESULTS MOVER: SECONDER: AYES: CARRIED Trustee Lucrezi Trustee Swisher Cobb, Hylton-Hinga, Lucrezi, Rice, Rowe, Swisher STAFF REPORTS Town Administrator - Highlights of the report in the packet were reviewed, and Berger Berger stated all facets of the Carbonate Street project should be completed in March, and Town Treasurer- Highlights of the report in the packet were reviewed, and Puckett responded responded to the Trustee's comments and questions. ag groundbreaking ceremony will be scheduled. toi the Trustee's comments and questions. BOARDOFT TRUSTEES OF THE TOWN OF BUENAV VISTA Page 6of7 January 23, 2024 Regular Meeting Puckett reviewed with the Board the 2023 Sales Tax revenues report, fourth quarter Balance Sheet for all funds, 2023 Fund Balance and 2024 Fund Balance Projection Report, Time Value Investments (TVI) Brokerage Account Statement, and ColoTrust Summary Statement. Recreation Director Highlights oft the report ini the packet were reviewed, and Basford responded to the Trustee's comments and questions. tot the Trustee's comments and questions. Airport Manager Highlights of the report in the packet were reviewed, and Wyles responded TRUSTEE INTERACTION Trustees reported on or commented about recent and upcoming events, activities, and topics. Mayor Fay stated that she feels that salaries for the Buena Vista Mayor and Trustees are low and would like the Board to consider increasing the amount before the incoming Trustees take Town Attorney Parker stated that if the Board wants to adjust salaries, the ordinance must be adopted, published, and in effect before the April 2, 2024 Election. If approved, the increased compensation would only apply to the newly elected officials since a current Board cannot The Board directed Puckett to provide information on elected officials' compensation in office. approve an increase of pay fori themselves. similarly sized municipalities at the meeting on February 13, 2024. MOTION NO. 07: ADJOURNED AT 8:45 PM. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE BOARD, THE MEETING BE RESULTS MOVER: SECONDER: AYES: CARRIED Trustee Rice) Trustee Rowe Cobb, Hylton-Hinga, Lucrezi, Rice, Rowe, Swisher Respectfully submitted: Sih,1 Libby Fay, Mayor Paula Regular Meeting D Barnett, Town Clerk BOARD OF TRUSTEES OF1 THE TOWN OF BUENAY VISTA Page 7of7 January 23, 2024 r