Town of Bayfield Regular Town Board Meeting October 17, 2023 1199 Bayfield Parkway Bayfield, CO81122  Mayor Tarkington called the meeting to order at: 6:00 pm.  Town Board Members Attendance: Trustee Zazzaro - Present Trustee Hartz - Present Trustee Morlan - Present Trustee Thomas - Arrived 6:09 Trustee Wolff- - Present Trustee. Au - Present Mayor Tarkington - Present  Staff Present: Katie Sickles (Town Manager), Nicol Killian (Community Development Director), Jeremy Schulz (Public Works Directon),Sergeant Dustin Strietzel (SRO Bayfield Police), Michael Goldman (Attorney), Corey Griffis (Assistant Public' Works Director), Mark Robinson (Parks and Trails Director) Dustin Hayden (Town Clerk),  Kathy Cathcart (Finance Director), Amber Lamb (Human Resources Director).  Agenda Item #1 D: Approval of Agenda  Motion to approve. Agenda: Trustee Zazzaro Second motion: Trustee Wolff Vote: Trustee Zazzaro_ _Yes Trustee Hartz- Yes Trustee Morlan - Yes Trustee Thomas = Trustee' Wolff-) Yes Trustee Au - Yes Mayor Tarkington- - Yes  Agenda Item #2: Executive Session C.R.S. Section 24-6-40214Xb) and C.R.S. Section 24-6-402(4)e) a. Concerning Water Case # 15CW3017 of which the Town is a party and opposition therein: 1) Fort the purpose of receiving legal advice from the Town's general counsel: and water counsel on specific legal questions under C.R.S. Section. 24-6-402 (4)(b); and 2) for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-402 (4)(e); Further Stipulation between Applicant and Opposer.  Motion to move to Executive Session: Trustee Zazzaro  Second motion: Trustee Morlan Vote: Trustee Zazzaro_ Yes Trustee Hartz-) Yes Trustee Morlan - Yes Trustee Thomas Trustee Wolff-) Yes Trustee Au - Yes Mayor Tarkington - Yes  b. Concerning Water Case #17CW3036 of which the Town is a party: 1) For the purpose of receiving legal advice from the Town's general counsel and water counsel on specific legal questions under C.R.S. Section 24-6-402(4)(p); and 2) for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-    Town of Bayfield Regular Town Board Meeting October 17, 2023 1199 Bayfield Parkway Bayfield, CO81122  402 (4)(e); Stipulation Between Applicants and Opposer Town of Bayfield. Findings of Fact, Conclusions  Law, Ruling the Referee Judgement and Decree oft the Water Court. Motion to move to Executive Session: Trustee Zazzaro  of  Second motion: Trustee Hartz Vote: Trustee Zazzaro_ Yes Trustee Hartz-Yes Trustee Morlan-Yes Trustee Thomas Trustee Wolff- Yes Trustee Au -) Yes Mayor Tarkington - Yes  C. Concerning Water Case #07CW89 of which the Town is a party: 1) For the purpose of from the Town's general counsel and water counsel on specific legal questions under C.R.S. receiving Section legal 24-6- 402(4)(b); and 2) fori the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-  advice  402 (4)(e); Stipulation Between Applicants and Opposer Town of Bayfield Motion to move to Executive Session: Trustee Zazzaro  Second motion: Trustee Morlan Vote: Trustee Zazzaro_ Yes Trustee Hartz-) Yes Trustee Morlan - Yes Trustee Thomas Trustee Wolff- - Yes Trustee Au - Yes Mayor Tarkington - Yes  Resume Regular Meeting 7:13pm  Mayor Tarkington announces that the Executive Session has been concluded and announces attendance was as follows: Mayor Tarkington and the entire Board of Trustees. Attorney Michael that Kopp, the Town Attorney Goldman, Town Manager Katie Sickles, Jeremy Schulz Director of Public Works, Nicol Killian Community Development Director and Pete Foster. Mayor Tarkington states for the record that that attended the session feels that anything other than the Agenda items were discussed to any person concerns for the record and also that no decisions were made during the Executive Session. please None stated. state their  Agenda Item #3 A: Conflict Of Interest No conflicts of interest. Agenda Item #3 B: General Public Input  Mayor Tarkington opened and closed public comment hearing none Mayor Tarkington opened and closed public comment hearing none.  Agenda Item #3C: General Public Input on Agenda Items Agenda Item #4A Professional Presentation and Action  Agenda Item #4 A: Concerning Water Case #15CW3017 - Further Stipulation between Applicant and  Opposer  Attorney Michael Kopp recommends approval of Agenda item #4A.  2    Town of Bayfield Regular Town Board Meeting October 17, 2023 1199 Bayfield Parkway Bayfield, CO 81122  Motion to Approve: Trustee Morlan Second:Trustee Au Vote: Trustee Zazzaro_ Yes Trustee Hartz-Yes Trustee Morlan-Y Yes Trustee Thomas - Yes Trustee Wolff - Yes Trustee Au - Yes Mayor Tarkington-Yes  Agenda Item #4 B: Concerning Water Case #17CW3036 - Stipulation Between Applicants and Opposer Town of Bayfield. Findings of Fact, Conclusions of Law, Ruling the Referee Judgement and Decreeof  the Water Court  Attorney Michael Kopp recommends approval of Agenda item #4B.  Motion to Approve: Trustee Hartz SecondTrustee Au Vote: Trustee Zazzaro_ Yes Trustee Hartz - Yes Trustee Morlan - Yes Trustee Thomas - Yes Trustee Wolff- - Yes Trustee Au - Yes Mayor Tarkington - Yes  Agenda Item #4 C: Concerning Water Case #07CW89 - Stipulation Between Applicants and Opposer  Town of Bayfield  Attorney Michael Kopp recommends approval of Agenda item #4C.  Motion to Approve: Trustee Hartz SecondTrustee Au Vote: Trustee Zazzaro-Yes Trustee Hartz- Yes Trustee Morlan - Yes Trustee Thomas - Yes Trustee Wolff - Yes Trustee Au - Yes Mayor Tarkington - Yes  Agenda Item #4 D: McKinstry- = Ashley Brasovan presentation regarding Energy Performance Nicol Killian Director of Community Development gives background information and timeline of the project. Ashley Brasovan gives presentation. Financing for energy savings for capital improvements. Five step process. First step is MOU with the Colorado Energy Office. Second step is selection process. Third signing investment grade audit contract. Fourth collaboration with Town Staff and look at available grants and funding. State of Colorado mandates three years of monitoring. No upfront capital required. Ms. Brasovan gives background of McKinstry and projects they have in Colorado. Trustee Morlan asks if they help with the writing for the grants. Ms. Brasovan states we will do as much work in the background we can for the DOLA presentations. Colorado Energy office has a standard RFP. Trustee Morlan asks what happens to the $20,000 if we do this then back out and also is iti in the budget? Ms. Sickles states it is in the Capital Improvements. Mayor Tarkington states  Contracting  3    Town of Bayfield Regular Town Board Meeting October 17, 2023 1199 Bayfield Parkway Bayfield, CO 81122  that it is the right thing to do but wants to know how much Town Staff will have to do to for the audit. Ms. Brasovan states they can take on some of the burden and staff can concentrate on the bigger parts of the project. Trustee Hartz asks what projects are specifically in Durango? Ms. Brosovan states five solar domestic water upgrades and city wide LED lighting. Ms. Killian states that this is a way to get capital sites and improvements that are efficient and get the savings down the road. Trustee Zazzaro asks if we have a wish now? Ms. Killian states that the audit will help out with where the inefficiencies are. Mayor have a deferred maintenance program. Town Manager Sickles states we have a new grounds Tarkington person as a ifwe first step but iti is a lot of catch up. Trustee Hartz states that maintenance budgets should point us in the direction for inefficiencies. Ms. Killian states that the $20,000 rolls back in to the program if we do the right contract after the audit. Trustee Thomas asks about the financing. Ms. Kilian states McKinstry helps with the funding sources for each improvement. Attorney Goldman asks if the next step is the MOU? Ms. Killian states that would bring a resolution on 11/7/23 for formal approval than the next step would be the MOU.  asks list  we  Motion to Approve: Trustee Zazzaro SecondTrustee Morlan Vote: Trustee Zazzaro_ Yes Trustee Hartz-I No Trustee Morlan - Yes Trustee Thomas Yes Trustee Wolff- Yes Trustee Au - No Mayor Tarkington- Yes  Agenda Item #5 Approval of Minutes and Department Reports Agenda Item #5 A: Acknowledge October 3, Budget Work Session Attendance  Motion to Approve: Trustee Thomas Second:Trustee Morlan Vote: Trustee Zazzaro_Yes Trustee Hartz-) Yes Trustee Morlan - Yes Trustee Thomas - Yes Trustee Wolff. - Yes Trustee Au - Yes Mayor Tarkington-Yes Motion to Approve: Trustee Hartz SecondTrustee Wolff Vote: Trustee Zazzaro_Yes Trustee Hartz- - Yes Trustee Morlan - Yes Trustee Thomas - Yes Trustee Wolff- Yes Trustee Au - Yes Mayor Tarkington = Yes  Agenda Item #5 B: Approval of Minutes = October 3, 2023  Agenda Item #5 C: Public Works Director Report  Jeremy Schulz gives report. High volume of locates coming in due to fiber optics. Infrastructure is almost done. Water leak on CR526. Clearwell pump energy savings. Irrigation systems off. Worked with SGM on storm water and ice conference. Thanks Board for training funding. Trustee Morlan states the couple Sewer employees Plant flow is  survey. Mill St. striping done need to get a couple fixed. No parking ini intersection. Had a lower than normal. Mr. Schulz states the spike correlates with irrigation season.  to  snow the  4    Town of Bayfield Regular Town Board Meeting October 17, 2023 1199 Bayfield Parkway Bayfield, CO 81122 Agenda Item #5 D: Chief of Police Report  Sergeant Strietzel gives report. Chief Hoguet provided copy of his report. Fire drill at Town Hall passed things to correct. Got to meet with local agencies. Heritage Days and Homecoming went well. Two officers couple down, one candidate in background phase. Goes over calls for service. Calls down due to different ways that pawned items are handled. Hang up with Spillman and IT. Getting the tablets tested. Still working on the IGA for traffic enforcement. Trustee Morlan asks if he knows when the County will do the IGA. He does not. Nicol Killian gives report. Comp plan update is out for public review we will be accepting comments until October 31st and will bring to the Planning Commission on 11/14/23 and the Board of Trustees 11/21/23. Water Smart getting ready for second meeting. Building permit stats. Grant updates Strong communities Grant we are told we cannot apply for that. Pre-application meeting for Pine River Commons. Will work with the Town Attorney if approved. East Mill Street sidewalk starts this week from Church St. to Buck extended for GeoTech work. Gap of $700,000 on grant of 2.7 million. Gave us 2 million Highway. but cannot have got unless we can come up with $700,000. Mayor Tarkington states the County did opt in to Prop 123 as well that soi it will benefit them to help with funds. Ms. Killian states that she has reached out to the County Stevens for some of the ARPA funds that may be available. East Oak Drive update would like Manager to have aj meeting with Planning Commission and Board of Trustees and School Board. Would like the meeting to joint be public. Mayor Tarkington states that the meeting should include everyone and be public even elections are in November. Ms. Sickles states this will affect the public and they need to be there though and be involved. Ms. Killian states she will let the School District know that this is the direction the Board would like to Mayor Tarkington opens it up for public input: None given. Mayor Tarkington closes public comment. Town Manager Katie Sickles gives report. Shows both proposals. Goal is to provide health insurance for families and that includes kids. 10/10/23 drafti is preferable. Open enrollment starts October 30. If decision is not reached a special meeting will need to be held. Mayor Tarkington states that the breakfast answered most questions and it is hard to please everyone but we have decent benefits. Ms. Sickles states we are: still waiting for a contract for 13 months because it makes ite easier to make a decision when the budget is and finalized. Trustee Morlan asks if 10/10/23 saves more. Ms. Sickles states that it saves more being for employee  Agenda Item #5 E: Community Development Director Report  Grant Chuck the  proceed.  Agenda Item #6: Financial Action Agenda Agenda Item #6 A: Employee Health Insurance  worked on  and child. And saves close to $800 total to the Town.  Motion to Approve:Trustee Hartz Second:Trustee Wolff Vote: Trustee Zazzaro_ Yes Trustee Hartz - Yes Trustee Morlan - Yes Trustee Thomas - Yes Trustee Wolff - Yes Trustee Au - Yes Mayor Tarkington - Yes  Agenda Item #6 B: September 2023 Financial Statements  Ms. Cathcart gives report. Represents end of third quarter. All property tax has been collected. Cigarette tax is higher than has been seen before. Liquor License higher than expected. Building permits trending higher than was projected. Special events, youth sports, façility rentals higher than expected. Below budget in Capital Improvement Fund in the General Fund. Water Fund the Penalty Line Item continues to grow. All Funds  trending as expected. Nothing unusual. Motion to Approve:Trustee Zazzaro Second-Trustee Morlan Vote:  5    Town of Bayfield Regular Town Board Meeting October 17, 2023 1199 Bayfield Parkway Bayfield, CO 81122  Trustee Zazzaro_ Yes Trustee Hartz-) Yes Trustee Morlan- - Yes Trustee Thomas - Yes Trustee Wolff- Yes Trustee Au - Yes Mayor Tarkington - Yes  Agenda Item #6 C: Sales Tax Report  Ms. Cathcart gives report. Mayor Tarkington notices a Sales Tax bump from July.  Agenda Item #6 D: Police Department Body Camera System quotes  Ms. Sickles shows the three bids that were requested by the Board. Sergeant Strietzel recommends Reached out to a few other agencies they said not to go with Motorola. Axon came in higher than Utility. Tarkington references Chief Hoguet stating that Utility has better officer safety features. states Utility also has other features Axon does not. Utility integrates in tot the vest sO it will Sergeant not fall out has an officer down feature. Utility makes the overall usage safer for the officer. Ms. Sickles states that Utility this is int the 2024 Draft Budget as a $129,000 Capital Improvement Trustee Hartz asks if the quote is for many will we need now? Sergeant states that we need six now and other two will be for the two officers eight we are short. Trustee Morlan asks ift the vests come with? Sergeant Strietzel states that iti integrates in to the Kevlar vest. Trustee Wolff asks about the payment schedule. Ms. Sickles will have Town Attorney Goldman look contract buti ift the Budget is approved it would be in one shot. Trustee Zazzaro asks that if we leased the at the equipment that it would come out of the Operational Budget where we are short but a purchase would be a Capital Improvement. Ms. Sickles states vendor made changes to sell the cameras not lease them to from Operational Budget to Capital Improvement Trustee Morlan asks about the warranties. Ms. Sickles change states it  Utility. Strietzel Mayor  how  that Attorney Goldman will look at those items in the contract.  Motion to Approve:Trustee Zazzaro SecondTrustee Wolff Vote: Trustee Zazzaro_Yes Trustee Hartz-Yes Trustee Morlan - Yes Trustee Thomas - Yes Trustee Wolff - Yes Trustee Au - Yes Mayor Tarkington - Yes  Agenda Item #4 E: Leak Detection Equipment Purchase $20,244  Corey Griffis (Assistant Public Works Director) requests leak detection equipment to narrow down location water leaks better without digging. Equipment hooks to both valves and helps narrow down with soundwaves of to find the leak. Trustee. Zazzaro asks about the difference in quotes. Mr. Griffis states the lower one is better because iti is one unit not two. Trustee Thomas adds it will save in labor and holes and wear and tear on  equipment. Motion to Approve:Trustee Morlan Second:Trustee Thomas Vote: Trustee Zazzaro_ _Yes Trustee Hartz- -Yes Trustee Morlan - Yes Trustee Thomas Yes Trustee Wolff-) Yes Trustee Au- - Yes Mayor Tarkington - Yes  Agenda Item #7 Action Agenda:  6    Town of Bayfield Regular Town Board Meeting October 17, 2023 1199 Bayfield Parkway Bayfield, CO81122  Mayor Tarkington opens it up to public comment: None given. Mayor Tarkington closes public comment. Agenda Item#7A: Ordinance 496- Revise Chapter 13. SEC.13-9/D'Bond Required Town Manager Sickles gives report. Has not been sent to Attorney Goldman yet. Public Works Director does not want the bond in there buti it has already been adopted. Mr. Schulz states Right of Way repairs are homeowners fixing things. Doesn't feel we need surety bonds much higher than the majority costs. Ms. Sickles states Ordinance takes bonding section out and places ita at the discretion of the Public project Works Director. Appeals could be made to the Town Manager or Board of Trustees. Trustee Morlan asks that ifi it was ar really expensive project could the Public Works Director require al bond? Mr. Schulz answers Zazzaro asks have we enforced the bond. Mr. Schulz says no. Attorney Goldman adds that if yes. Board removes ita and the Public Works Director needs one it better be a good rational basis. Trustee the Thomas suggests that we may need something that triggers a bond requirement. Trustee Hartz asks ifit could be outside residential. Mr. Schulz states that maybe its should be a dollar amount and that some residential can be expensive too like Cinnamon Heights. Ms. Sickles states the ordinance will be in effect 11/5/23. Ms. Sickles states that this could be tabled we could come back with some parameters to the board in November.  Schulz of  Trustee  Motion to Table:Trustee Morlan SecondTrustee Wolff Vote: Trustee Zazzaro_ Yes Trustee Hartz-Yes Trustee Morlan - Yes Trustee Thomas - Yes Trustee Wolff- - Yes Trustee Au - Yes Mayor Tarkington- - Yes  Agenda Item 71 B: Resolution 587 Streets and Sidewalks In General Fees, Application Requirements and Town Manager Sickles gives report. Makes fees a resolution which are easier to change as well as some fees were taken out of the ordinance. Trustee Wolff states that the public is concerned with where do put the snow. But we need something more: solid to enforce fines as well as answers as to where to put the they snow. Trustee Hartz states we don'te enforce anything now because we do not have an enforcement officer. Ms. Sickles states iti is a conversation that needs to be had to keep the snow out oft the street once staff could warn them at least first. Trustee Zazzaro suggests that we can puti iti in the newsletter. itis Ms. plowed. Sickles  Fines  And  states iti is going to be in the next newsletter. Motion to Approve:Trustee Morlan SecondTrustee Thomas Vote: Trustee Zazzaro_Yes Trustee Hartz-Yes Trustee Morlan - Yes Trustee Thomas Yes Trustee Wolff- Yes Trustee Au - Yes Mayor Tarkington = Yes  Agenda Item #7 C: Resolution 588 Snow Route Map  Town Manager Sickles gives report. Will go out int the newsletter that these areas should not be  in from parked  11pm to 7am and that includes eastbound Mill St. not westbound.  Motion to Approve:Trustee Hartz SecondTrustee Wolff Vote: Trustee Zazzaro_Yes  7    Town of Bayfield Regular Town Board Meeting October 17, 2023 1199 Bayfield Parkway Bayfield, CO 81122  Trustee Hartz-Yes Trustee Morlan - Yes Trustee Thomas - Yes Trustee Wolff- Yes Trustee Au - Yes Mayor Tarkington - Yes  Agenda Item #7 D: Republic Services Garbage Pickup Rates  Town Manger Sickles gives report. The town will charge a little bit more to cover our costs Current fee is as it was four years ago and has no issue with the four percent increase. Mayor Tarkington asks when full contract is up for renewal. Ms. Sickles replies next year. Trustee Wolff asks any other options. Ms. Sickles states Reliable and' Waste Management are options. Trustee Hartz asks if the four percent is in the contract and will it help get better service. Ms. Sickles states Town Staff is getting better at contacting Republic when there is an issue. Trustee Morlan asks if the four percent was in the contract. Ms. Sickles states was going to  same  exactly  reject it but it was expected. Motion to Approve:Trustee Thomas SecondTrustee Zazzaro Vote: Trustee Zazzaro Yes Trustee Hartz-Yes Trustee Morlan - Yes Trustee Thomas - Yes Trustee Wolff - Yes Trustee Au - Yes Mayor Tarkington - Yes  Agenda Item #7 E: Resolution 589 2024 Utility Rates  Town Manger Sickles gives report. Charging too much for sewer and not enough for water. We will have a rate study for water, wastewater and sewer. Than we will get a recommendation from the engineer for storm water. Study will not change rates until late 2024 or 2025. We will have two years of good water usage and not the ERT's. Will send out an RFP and not get bad rate study like the one we had that was based on ERT's. PIFS went up five percent. The Tribe charges $30,000 for a water and sewer tap and we charge $15,000.  Motion to Approve:Trustee Zazzaro Second:Trustee Thomas Vote: Trustee Zazzaro_ Yes Trustee Hartz-Yes Trustee Morlan - Yes Trustee Thomas - Yes Trustee Wolff - Yes Trustee Au - Yes Mayor Tarkington- Yes  Agenda Item #7 F: Town Hall Lease by Clerk & Recorder  Town Manger Sickles gives report. No elections held here. Kiosk here that was approved. Two year renewals.  Keep the same rate for the next two years. Motion to Approve:Trustee Hartz Second:Trustee Au Vote: Trustee Zazzaro_Yes Trustee Hartz-Yes  8    Town of Bayfield Regular Town Board Meeting October 17, 2023 1199 Bayfield Parkway Bayfield, CO 81122  Trustee Morlan - Yes Trustee Thomas - Yes Trustee Wolff- Yes Trustee Au -Yes Mayor Tarkington- Yes  Board of Trustees Reports and Upcoming Dates of Interest  a.October 21, noon-6:00pm Be Frankenstein b.November 7, Coordinated Election 7am-7pm C.November 7, 6:30pm 2024 Budget Public Hearing  Agenda Item #9: Executive Session CRS.62464024.00  Personnel matters except if the employee who is the subject of the session has requested an open meeting, or if the personnel matter involves more than one employee, all of the employees have requested an open meeting. With respect to hearings held pursuant to the "Teacher Employment, Compensation, and Dismissal Act of 1990", article 63 of title 22, C.R.S., the provisions of section 22-63-302 (7)(a), C.R.S., shall govern in lieu oft the provisions of this subsection (4). Regarding Town Manager Katie Sickles' annual performance evaluation  pursuant to C.R.S. $24-6-402/4X00) Second motion: Trustee Morlan Vote: Trustee Zazzaro_ Yes Trustee Hartz-Yes Trustee Morlan-Yes Trustee Thomas Trustee Wolff-) Yes Trustee Au - Yes Mayor Tarkington - Yes  Motion to move to Executive Session: Trustee Zazzaro  Agenda Item #10 Resume Regular Meeting - Possible Discussion With No  Further Action  11.Adiourned at 9:58 pm Approved as presented on 10/17/2023:  Dustin  Clerk  aR    9