TRE TOVKOF BUENA VISTA co  MINUTES OF THE BUENA VISTA BOARD OF TRUSTEES  REGULAR MEETING Tuesday, January 09, 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 7:00 PM, Tuesday, January 9, 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.  ROLLCALL  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 Town Water Attorney Cindy Covelle via Zoom PLEDGE OF ALLEGIANCE Mayor Fayl led the pledge of allegiance. OATH OF OFFICE PROCLAMATION  Town Treasurer Phillip Puckett Police Chief Dean Morgan Town Clerk Paula Barnett  Town Clerk Paula Barnett administered the Oath of Office to Police Officer Meghan Schoonover.  Mayor Fayr read the General Aviation Appreciation Month proclamation.  BOARD OFT TRUSTEES OFT THET TOWN OFE BUENAY VISTA  Page 1of9 January 9, 2024  Regular Meeting    AGENDA. ADOPTION MOTION NO.1:  MOVE TO APPROVE THE AGENDA.  RESULTS MOVER SECONDER: AYES:  CARRIED Trustee Lucrezi Trustee Rowe  Cobb, Hylton-Hinga, Lucrezi, Rice, 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 - December 12, 2023 2. Beautification Advisory Board = November 2, 2023 3. Trails Advisory Board - December 5, 2023 4. Planning & Zoning - November 1, 2023 B. Treasurer Report - December C. TAHG Grant Agreement  Adoption of Resolution No. 01, Series 2024, entitled, "A RESOLUTION OF THE BOARD OF TRUSTEES FOR THE TOWN OF BUENA VISTA, COLORADO, APPROVING THE STATE OF COLORADO GRANT AGREEMENT SLFRF FOR INFRASTRUCTURE FOR THE CARBONATE STREET APARTMENTS PROJECT, THE SUBRECIPIENT AGREEMENT BETWEEN THE TOWN AND CARBONATE STREET APARTMENTS, LLC, AND THE SUBORDINATE DEED OF TRUST." Adoption of Resolution No. 02, Series 2024, entitled, "A RESOLUTION OF THE BOARD OF TRUSTEES FOR THE TOWN OF BUENA VISTA, COLORADO, APPROVING THE GATES FAMILY FOUNDATION GRANT AGREEMENT FOR THE CARBONATE STREET CHILDCARE CORE. AND SHELL CONSTRUCTION E. Adoption of Resolution No. 03, Series 2024, entitled, "A RESOLUTION OF THE BOARD OF TRUSTEES FOR THE TOWN OF BUENA VISTA, COLORADO, DESIGNATING THE PLACE FOR POSTING OF NOTICES CONCERNING THE MEETINGS OF THE BOARD OF TRUSTEES, THE PLANNING AND! ZONING COMMISSION, AND THE TOWN ADVISORY BOARDS." F. Adoption of Resolution No. 04, Series 2024, entitled, "A RESOLUTION OF THE BOARD OF TRUSTEES FOR THE TOWN OF BUENA VISTA, COLORADO, APPOINTING CHRISTOPHER STURM AS REGULAR VOTING MEMBERS OF  D. Gates Foundation Grant. Agreement  PROJECT."  THE WATER. ADVISORY BOARD."  BOARD OF TRUSTEES OFT THET TOWNO OF BUENA VISTA  Page 2of9 January9,2 2024  Regular Meeting    G. Adoption of Resolution No. 05, Series 2024, entitled, "A RESOLUTION OF THE BOARD OF TRUSTEES FOR THE TOWN OF BUENA VISTA, COLORADO, RE-APPOINTING BLAKE BENNETTS AND TONY LAGRECA AS REGULAR VOTING MEMBERS AND APPOINTING THOMAS BROWN AS A REGULAR VOTING MEMBER OF THE PLANNING AND ZONING COMMISSION.  MOTION NO.2:  MOVE TO APPROVE THE CONSENT AGENDA.  RESULTS. MOVER: SECONDER: AYES:  CARRIED Trustee Rowe Trustee Cobb  Cobb, Hylton-Hinga, Lucrezi, Rice, Rowe, Swisher.  PUBLICCOMMENT  Anna Arnold, 29650 County Road 361, Buena Vista, shared with the Board the benefits and financial value the river and River Park provide toi the town. Arnold stated that many visitors and tourists on the river are unaware oft the dangers. Signage is needed at the River Park to educate users on water safety, equipment, and the proper use of equipment. Arnold recommended the signage be colorful and have humor to keep people interested while reading the information. Arnold thanked the Trustees for allocating funds fori the new wave at the River Park. Graeme Litwiller, 224 Neighbors Lane, Buena Vista, stated he and his family are passionate about the rivera and are at the River Park through the surfingand! kayaking season. Litwiller: stated there is a need for safety equipment (PFDs, wet suits, and helmets) to be available at the River Park for people who do not have them to use when on the river. Bright-colored signage with jokes explaining why and how to use the equipment would benefit River Park users. Jaden Depew, 28337 County Road 313, Buena Vista, thanked the Board for what they! had done for the river. The river attracts tourists to the town who stay at hotels and Airbnb's and visit shops and restaurants that provide jobs for residents and revenue to business owners and the town. Depew stated that signage explaining the risks of being on the river and how to avoid Matt Call, 3125 Bears Den Drive, Sedalia, partner with Dormie Capital Partners, developer and investment company for the Topside Business Center, reviewed with the Board why they chose Buena Vista to develop a business park that will spur growth and economic development. Call stated Topside is a ten-plus year project funded by private investors as a qualified opportunity zone, and they look forward to collaborating with the Board, Staff, and community to complete  them is needed.  the project. Regular Meeting  BOARD OF TRUSTEES OF THE TOWNO OF BUENA VISTA  Page 3of9 January9, 2024    Brandon Stockwell, 641 Glen Ery Circle, Colorado Springs, stated that he and Joseph Teipel are assistingwith developing the Topside Business Park. Stockwell briefly reviewed Topside Business Park's projected water plan, projected revenues to the town, county, and special districts, and opportunities to employr residents. Stockwell stated theyl look forward to working with thel Board  and Staff to complete the annexation process. Chaffee County Fire Protection District Update  BUSINESS ITEMS  Chaffee County Fire Marshal Kira. Jones reviewed she has been working with Town Administrator Brian Berger and Code Enforcement Officer Grant Bryans to update the town's open burn ordinance. Jones reviewed the interviews for the Fire Chief, which have been completed, the top three candidates determined, and per the department guidelines, an offer will be made in 14 days. The goal is to have the new Fire Chief on staff by the end of February. Should the Board of Trustees approve the adoption of Ordinance No. 01, Series 2024, entitled, "AN ORDINANCE AMENDING ARTICLE VIII OF CHAPTER7 OF THE BUENA VISTA MUNICIPAL Town Administrator Brian Burger reviewed the Town entered into an Intergovernmenta. Agreement on May 10, 2021, with Chaffee County Fire Protection District (CCFPD) to provide Emergency Services within municipal limits. Town and CCFPD Staff have drafted Ordinance No. 01 to remove reference to the Buena Vista Fire Department and to more closely align with County burn regulations to provide more consistency for CCFPD across their jurisdiction. MOVE TO ADOPT ORDINANCE NO. 01 AMENDING ARTICLE VIII OF CHAPTER 7 OF THE BUENA  Amendments to the Open Burn Ordinance  CODE CONCERNING OPEN FIRES AND OPEN BURNING."  MOTION NO. 03:  VISTA MUNICIPAL CODE CONCERNING OPEN FIRES AND OPEN BURNING.  RESULTS: MOVER: SECONDER: AYES:  CARRIED Trustee Rowe Trustee Cobb  Cobb, Hylton-Hinga, Lucrezi, Rice, Rowe, Swisher  Phase 3 of the South Main PUD Extension Request  Should the Board ofTrustees approve the adoption of Resolution No. 06, Series 2024, entitled, "ARESOLUTION OF THE BOARD OF TRUSTEES FOR THE TOWN OF BUENA VISTA, COLORADO, APPROVING AN EXTENSION OF THE DEADLINE FOR PHASE 3 OF THE SOUTH MAIN PUD." Berger reviewed that on November 22, 2022, the Board approved the Amended and Restated Development Agreement for the South Main PUD. The agreement states that the final plat for Phase 3 must be submitted by the Developer and approved by the appropriate authority within 24 months of the approval oft the Phase 2 final plat, which was approved on December  BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA  Page 4of9 January9, 2024  Regular Meeting    29, 2021. The applicant met the deadline for submittal but did not meet the deadline for the final plat approval of Phase 3 and has requested a one-time extension for up to 24 months. MOVE TO ADOPT RESOLUTION NO. 06, APPROVING ATWENTAFOURMONTH EXTENSION  MOTION NO. 04:  OF THE DEADLINE FOR PHASE 3 OF THE SOUTH MAIN PUD.  RESULTS MOVER: SECONDER: AYES:  CARRIED Trustee Lucrezi Trustee Swisher  Cobb, Hylton-Hinga, Lucrezi, Rice, Rowe, Swisher  Topside Annexation Compliance  Should the Board ofT Trustees approve the adoption of Resolution No. 07, Series 2024, entitled, "A RESOLUTION ACCEPTING THE PETITION FOR ANNEXATION AND ESTABLISHING FEBRUARY 27, 2024 AS THE DATE OF PUBLIC HEARING ON THE REQUESTED ANNEXATION OF A PARCEL OF UNINCORPORATED TERRITORY LOCATED IN CHAFFEE COUNTY (TOPSIDE ANNEXATION)." Berger stated the next step in the Topside Annexation is for the Board to determine if the petition substantially complies with the Colorado Revised Statute. Berger noted that Town Attorneys. Jeff Parker and Kathryn Sellars reviewed the materials and provided the applicant Trustee Cobb asked Town Attorney Parker if he and Town Staff felt the petition was compliant.  with a list of deficiencies that have been resolved.  Parker stated yes that the materials were: sufficient to proceed.  MOTION NO. 05:  MOVE TO APPROVE RESOLUTION NO. 07, ACCEPTING THE PETITION FOR ANNEXATION AND ESTABLISHING FEBRUARY 27, 2024, AS THE DATE OF PUBLIC HEARING ON THE REQUESTED ANNEXATION OF A PARCEL OF UNINCORPORATED TERRITORY LOCATED IN CHAFFEE COUNTY  (TOPSIDE ANNEXATION).  RESULTS MOVER: SECONDER: AYES:  CARRIED Trustee Lucrezi Trustee Swisher  Cobb, Hylton-Hinga, Lucrezi, Rice, Rowe, Swisher  Colorado Tree Coalition Grant  Should the Board ofl Trustees approve the adoption of Resolution No. 08, Series 2024, entitled "A RESOLUTION OF THE BOARD OF TRUSTEES FOR THE TOWN OF BUENA VISTA, COLORADO, APPROVING THE APPLICATION OF A COLORADO TREE COALITION (CTC) GRANT FOR TREE  PLOTTER SOFTWARE RENEWAL." BOARD OF TRUSTEES OF THE TOWNO OF BUENA VISTA  Page 5of9 January9,2024  Regular Meeting    Public Works Director Shawn Williams reviewed Staff, and members oft the Tree Advisory Board are seeking approval to apply for a grant from the Colorado Tree Coalition to renew the Tree Plotter Software renewal. The $2,000.00 matching grant funds would come from the  Public Works Budget. MOTION NO. 06:  MOVE TO APPROVE THE APPLICATION OF THE COLORADO TREE COALITION (CTC) GRANT  FOR TREE PLOTTER SOFTWARE RENEWAL.  RESULTS: MOVER: SECONDER: AYES:  CARRIED Trustee Cobb Trustee Lucrezi  Cobb, Hylton-Hinga, Lucrezi, Rice, Rowe, Swisher  Levying General Property Taxes  Should the Board of Trustees approve the adoption of Resolution No. 09, Series 2024, entitled "A RESOLUTION OF THE BOARD OF TRUSTEES FOR THE TOWN OF BUENA VISTA, COLORADO, LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 2023 TO HELP DEFRAY THE COST OF GOVERNMENT FOR THE TOWN OF BUENA VISTA, COLORADO, FOR THE 2024 BUDGET YEAR." Town Treasurer Phillip Puckett reviewed, with the passage of SB23B-001 in the 2023 Extraordinary Session, some changes affected the 2023 assessment calendar, the 2023 actual value adjustment for residential property, and the 2023 residential assessment rate. The local government mill levy certification deadline was extended from December 15, 2023, to January 10, 2024, to provide more time for the County Assessor to update the final certification of property values and for the local government to finalize and certify the mill levy. The final certification of property values was received from the County Assessor on December 15th, and  the Town is now ready to adopt the Mill Levy Certification for 2024.  MOTION NO. 07:  MOVE TO ADOPT RESOLUTION NO. 09 LEVYING GENERAL PROPERTY TAXES FOR' THE YEAR 2023 TO HELP DEFRAY THE COST OF GOVERNMENT FOR THE TOWN OF BUENA VISTA,  COLORADO, FOR THE 2024 BUDGET YEAR.  RESULTS MOVER: SECONDER: AYES:  ROLL CALL  CARRIED Trustee Rowe Trustee Lucrezi  Cobb, Hylton-Hinga, Lucrezi, Rice, Rowe, Swisher  Proposed Ballot Question - Publication of Ordinances by Title Only  Should the Board of Trustees approve the adoption of Resolution No. 10, Series 2024, entitled "A RESOLUTION OF THE BOARD OF TRUSTEES FOR THE TOWN OF BUENA VISTA, COLORADO, SUBMITTING TO THE ELECTORS OF THE TOWN OF BUENA VISTA AT THE REGULAR  BOARD OF TRUSTEES OF THET TOWN OFE BUENA VISTA  Page 6of9 January9, 2024  Regular Meeting    MUNICIPAL ELECTION ON APRIL: 2, 2024, A BALLOT QUESTION REGARDING PUBLICATION OF Town Clerk Paula Barnett reviewed at the November 28, 2024, Trustees meeting, the Board and Staff discussed that state statute requires municipalities to publish the entire ordinance in the newspaper. However, the Town can put a question on the ballot asking voters to allow ordinances to be published by title only. Ifapproved, this would be a cost-saving for the Town. At the November 28th meeting, the Trustees approved a motion directing the Town Attorney and Staff to draft language for al ballot question for the April 2, 2024, election. Barnett reviewed that in 2023, nineteen ordinances were published in the Chaffee County Times. The cost to publish the ordinances was $4,856.03, with an average price per publication of $255.58. If Resolution No. 10i is adopted by the Board and the voters approve the ballot question to publish ordinances by title only, based on the ordinances adopted in 2023, the estimated cost to publish by title is $345.00, with an average cost per publication of $18. 19. Trustee Cobb asked that the ballot language be revised to include that the full language oft the  ORDINANCES BY TITLE ONLY AND SETTING THE BALLOT TITLE THEREOF."  ordinance is available on the Town website.  Town Attorney Parker recommended the following ballot language.  To save the Town of Buena Vista significant publication costs, and provided the full language of ordinances is available on the Town's website, shall the Town of Buena Vista be authorized to publish its ordinances by title only,  rather than publishing its ordinances ini full?  The Board agreed to the revised wording oft the ballot question.  MOTION NO. 08:  MOVE TO ADOPT RESOLUTION NO. 10, AS REVISED, SUBMITTING TO THE ELECTORS A BALLOT QUESTION REGARDING PUBLICATION OF ORDINANCES BY TITLE ONLY ATTHE  REGULAR MUNICIPAL ELECTION ON APRIL 2, 2024,  RESULTS MOVER: SECONDER: AYES:  CARRIED Trustee Cobb Trustee Rowe  Cobb, Hylton-Hinga, Lucrezi, Rice, Rowe, Swisher  STAFF REPORTS  Police Chief - Highlights of the report in the packet were reviewed, and Morgan responded Chief Morgan reviewed with the Board that he is exploring the use of flock cameras in town, which would be highly beneficial for law enforcement when tracking stolen vehicles and/or  to the Trustee's comments and questions.  BOARDO OF1 TRUSTEES OF THET TOWN OFE BUENA' VISTA  Page7 7of9 January9,2024  Regular Meeting    crime suspects. Morgan will provide the Board with additional information at a future Planning Director Highlights oft the report in the packet were reviewed, and Benson Public Works Director Highlights of the report in the packet were reviewed, and Williams  meeting.  responded to the Trustee's comments and questions. responded to the Trustee's comments and questions.  TRUSTEE INTERACTION  Trustees reported on or commented about recent and upcoming events, activities, and topics. The Board discussed that a Trustee is needed to be part oft the Chaffee County Community Foundation Grant application review committee. Trustee Hylton-Hinga will: serve on the The Board discussed MyBV.com, and Berger stated that the site is not being maintained due to thei transition of Staff ini the Planning Department. Staff will evaluate the benefits of MyBV.com and explore options for updating and maintaining the site.  committee.  EXECUTIVE SESSION  An executive session to determine positions relative to matters that may be subject to negotiations, develop as strategy for negotiations, and/ori instruct negotiators, pursuant to C.R.S. 524-6-402/4)le), concerning the potential agreement to acquire 50AF of water from the Upper  Arkansas Water Conservancy District (UAWCD). MOVE TOG GO INTO EXECUTIVE SESSION.  MOTION NO. 09:  RESULTS MOVER: SECONDER: AYES:  CARRIED Trustee Lucrezi Trustee Cobb  Cobb, Hylton-Hinga, Lucrezi, Rice, Rowe, Swisher  The Board took a 10-minute break.  The Board wenti into Executive Session at 8:48 PM. Present fort the Executive Session were Mayor Libby Fay, Trustees! Sue Cobb, Peter Hylton-Hinga, Ginal Lucrezi, Andrew Rice, Devin Rowe, Cindie Swisher, Town Administrator Brian Berger, Town Planner Joel Benson, Water Attorney Cindy  Covell, Town Attorney. Jeff Parker, and Town Treasurer Phillip Puckett.  The Board left the Executive Session at 10:05 PM. BOARD OF TRUSTEES OF1 THE TOWNO OFE BUENAVISTA  Page 8of9 Januarys 9,2 2024  Regular Meeting    Upper Arkansas Water Conservancy District Trustee Cobb seconded the motion.  Trustee Rice moved to bring the agreement with the Upper Arkansas Water Conservancy District to acquire 50AF of water forward via a resolution ati the meeting on. January 23, 2024. Mayor Faye suggested that the resolution be included as a business item instead of on the  consent agenda. MOTION NO.10: MEETING.  MOVE TO BRING THE AGREEMENT WITH UPPER ARKANSAS WATER CONSERVANCY DISTRICT TO ACQUIRE 50AF OF WATER FORWARD VIA RESOLUTION ATT THE. JANUARY23, 2024  RESULTS MOVER: SECONDER: AYES:  CARRIED Trustee Rice Trustee Cobb  Cobb, Hylton-Hinga, Lucrezi, Rice, Rowe, Swisher  MOTION NO.11: ADJOURNED AT 10:07 PM.  THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE BOARD, THE MEETING BE  RESULTS MOVER: SECONDER: AYES:  CARRIED Trustee Rowe Trustee Rice  Cobb, Hylton-Hinga, Lucrezi, Rice, Rowe, Swisher  Respectfully submitted:  SBay Libby Fay, Mayor  Dhtt Paula Barnett, Town Clerk  SEAE  BOARD OF1 TRUSTEES OFT THE TOWNO OFE BUENA VISTA  Page 9of9 January9,2 2024  Regular Meeting