OF DOLO  667.1909 AGENDA  TOWN OF DOLORES COLORADO BOARD OF TRUSTEES MEETING/WORASHOP FEBRUARY: 26"", 2024, WORSHOP/METINGS3DPN. THE MEETING WILL BE HELD AT TOWN HALL 420 CENTRAL. AVENUE.  IF YOU WISH1 TO ATTEND VIRTUALLY, PLEASE VISIT THE TOWN WEBSITE UNDER GOVERNMENT TOWN BOARD MEETING FOR  THE ZOOM LINK ttps/townofdolores.colorado.gov  WORKSHOP: 5:30 p.m.:  1. Community Center: Plans for crafting a manager's job description. 2. Policies to effectively run the Community Center. 3. Additional items as time permits.  BOARD MEETING: 1. CALLTO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL:  4. ACTION/APPROVAL OFTHE AGENDA  5. IDENTIFICATION OF ACTUAL OR PERCEIVED CONFLICTS OF INTEREST.  6. CITIZENS TO ADDRESS THE BOARD: This is an opportunity for Citizens to address the Board at this time or during al Public Hearing. Each Person will have! 51 minutes. The Town Board encourages public comment by the following sources: Live ati the Town Hall, virtually via ZOOM (see the Town Website for the link), or by submitting your comments, via email, to the Town Clerk at ammyptowpocooreicon  any time before the dated Board meeting.  7.CONSENT AGENDA: No consent items were. submitted, for this meeting. 8. BOARD MEMBERS COMMENTS ANDI REPORTS: (5 minutes only)    Sheila Wheeler Duvall "Val" Truelsen Andy Lewis Mark' Youngquist Chris Holkestad Kalin Grigg Chris Curry  9.STAFF EPORESPAESENTATONS: 9.1 Manager: Leigh Reeves 9.2 Attorney: Jon Kelly 9.3Treasurer: Heather Robertson: 10. ADMINISTRATIVE BOARD BUSINESS:  10.1 Update: Final closing of the Dolores Community Center by Attorney Kelly. 10.2 Discussion: Ordinance 570: Series 2024: Recap of first reading. Manager review. 11. ACTION/APPROVAL: PUBLIC HEARINGS, ROMANCS/AESOUTIONS  11.1 Action/Approval: Resolution R578 Series 2024 appointing an Interim Town Manager and  approving a contract of employment.  11.2 Discussion/Possible Action: Community Center  12. FUTURE AGENDA TEMS AND MANAGEMENT ITEMS: Items will not be finalized until actual agenda The Italian application for al beer and wine liquor license and public hearing. Ordinance 570 Series 2024, public hearing, second andi final reading to amend Title 12 of the Dolores Municipal Code to regulate the Dolores Community Center Property. San. Juan National Forest/Nick Mustoe: Presentation on the upcoming prescribed burn.  13. FUTURE MEETINGS & EVENTS: P&ZI meeting: March 5th, 2024 Parks meeting: March: 14", 2024 Board meetings: March 11h, 2024.  14. ADJOURMMENT    Town ofDolores Resolution R578 SERIES 2024  RESOLUTION APPOINTING INTERIMTOWNMANAGER AND APPROVING  CONTRACT OF EMPLOYMENT  WHEREAS, thei former Town Manager has resigned leaving a vacancy ini that position, leaving al lack of1 leadership and oversight pertaining to: numerous ongoing projects, grants, and urgent operational issues, leaving the Town vulnerable toi fiscal waste and other serious harm. WHEREAS, the Town of Dolores Board of Trustees finds that Leigh Reeves possesses the necessary experience, skills and knowledge to immediately fill the role of Interim Manager WHEREAS, in considering Leigh Reeves toi fill to role ofinterim town manager, the Board of Trustees has taken into account her former position as mayor from which she previously resigned in light of C.R.S. $31-4-404, 31-4-404 and 31-4-304 and finds that the position of town manager existed prior tol her election as mayor and that the compensation fori interim town manager shall not exceed that of the previously appointed manager. Further, WHEREAS, the Board of Trustees meti in a continuation of their regular board meeting on February 15, 2024 and considering that the Town of Dolores is in immediate need ofa competent interim manager whoi isi familiar with the various projects, grants and operational issues requiringi immediate attention, voted unanimously to appoint Leigh Reeves as Interim WHEREAS, the Board of Trustees on February 15, 2024, directed the Town Attorney to enter WHEREAS, the Board ofTrustees intends tol leave the decision to employ aj permanent town manager to the next board to be seated after the April 2, 2024, municipal election. NOW THEREFORE, BEITI RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN Section 1. The Board ofTrustees of the' Town of] Dolores does hereby appoint Leigh Reeves as the Interim Town Manager oft the Town of Dolores effective on February 20, 2024, with all of the powers, duties and responsibilities described afforded by law to the role of Town Manager Section 3. The Employment Agreement attached hereto and incorporated herein by referenceis approved, the compensation described therein is appropriate from the Town's General Fund, and the Mayor is authorized to execute the Employment Contract on behalf oft the' Town of  until such time as the position can be permanently filled.  Town Manager.  into negotiations with Leigh Reeves to develop an employment contract.  OF DOLORES, THAT:  under thel laws of the state of Colorado on an interim basis.  Dolores.    Passed, adopted, and approved February 26, 2024.  THE BOARDOF TRUSTEES OF THE TOWN OFI DOLORES:  By:  Mayor Chris Holkestad  Attest:  Town Clerk Tammy Neely    EXHIBIT A EMPLOYMENTCONTRACT  INTERIMTOWNMANAGER EMPLOYMENTAGREEMENT  This agreement ("Agreement") is between the TOWN OFI DOLORES ("Employer" or "Town"), and Leigh Reeves ("Employee"), andi is entered into effective as ofFebruary 20, 2024 ("Effective Date"). Employer and Employee are referred to collectively herein as the' "Parties" and  individually as a "Party." - Recitals  Employer desires to employ the services of Employee as. Interim Town Manager. Employee desires to accept employment as Interim Town Manager. The Board of Trustees, as appointing authority power, and Leigh Reeves in consideration oft the mutual covenants herein contained andi in accordance with the terms and conditions describedi in this Agreement, agreei in writing as  follows: 1. Duties  A. Employer agrees to employ Employee as. Interim Town Manager, and] Employee agrees to perform the functions and duties specified in the general laws, the ordinances, and the resolutions oft the Town of Dolores, and other legally permissible and proper duties and B. The employee shall performl his/her duties to the best ofhis/her ability in accordance with theh highest professional and ethical standards oft the profession and shall comply with all C. Employee shall not engage in any activity that is or may become a conflict ofi interest ora prohibited contract or that may create an incompatibility of office as defined under Colorado law. Prior toj performing services under this Agreement and annually thereafter, the Employee D. Employee shalll be an exempt employee under the Fairl Labor Standards Act. Employee is expected to devote necessary time outside: normal office hours to the business oft the' Town. To that end, Employee shall be allowed flexibility in setting his/her own office hours.  functions as thel Board of Trustees may from time-to-time assign.  general rules and regulations established by the Town.  must complete disclosure forms required by law.  2. Term  A. The term of this Agreement shall be from February 20, 2024 (the Effective Date) through May 13,2024, unless earlier terminated by either Party in accordance with the provisions set forth in Section 3 or until terminated by the event of the death or permanent disability of] Employee. Employee agrees to remain ini the exclusive employment oft the' Town during the term ofthis Agreement, except that this Agreement shall not be construed to preclude incidental and occasional teaching, writing, or consulting performed by Employee on Employee's time C. The Board of Trustees and Employee may agree to extend the term oft this agreement by  B. off.    resolution beyond May 13, 2024, by written addendum on such terms as they may agree.  D.  Nothing in this agreement shall be construed to prohibit the Employee from applying for  the position of permanent' Town Manager. 3. Resignation and' Termination  A. Employee may resign at any time with or without cause and agrees to give Town at least fifteen (15) days advance written notice oft the effective date ofhis/her resignation. During the notice period, all ofthei rights and obligations oft the Parties under this Agreement shall remain in B. Employer may terminate Employee with or without cause, at any time, upon fifteen (15)  full: force and effect.  days advance written notice.  C. Thel Parties recognize and affirm that:  1. Employee is an "atv will" employee whose employment may bet terminated by the 2. There is no express or implied promise made to Employee for any form of continued employment. Nothing in this Agreement isi intended to, or does, confer upon Employee any right to any property interest and continued employment or any duej process right to al hearing before or 3. The' Town shall not be obligated toj pay severancer under the provisions of this Agreement ifl Employee is terminated for cause. For purposes of this Agreement, "cause" is defined as:  Employer without cause.  after the decision to terminate his employment for cause.  a. Violation of any policies or procedures; b. Failure to perform assigned duties; C. Theft ofTown property; d. Insubordination; assigned duties;  e. Conviction ofaf felony or misdemeanor relating tol Employee's: fitness toj perform  f. Unauthorized absence from employment;  g. Failure to maintain satisfactory working relationships with other employees or thej public;  h. Improper use ofTown funds; I. Unauthorized use ofTownj property;    J. Willful misconduct or malfeasance. k. Any act ofmoral turpitude or dishonesty; and/or Employee's conduct causes discredit to the Town. between Employer and Employee. 4. Severance Pay  I. Other failures ofg good behavior cither during or outside of employment: such that 4. This Agreement ist the sole and exclusivel basis for an employment relationship  Except as set forth below, ifl Employee is terminated by thel Board ofTrustees while still willing and able top perform the duties ofInterim Town Manager, Employer agrees to pay Employee a cash payment equal to fifteen (15) days' salary as specified in Section 5(A), plus all accrued vacation, sick, management, and holiday leave as oft the date of termination. Said cash payments, subject to customary withholding, shall bej paid at the option of the Employee ina lump sum, installment, monthly, or bi-weekly payments. Such payment will release Employer Payment ofs severance under this Section shall be in exchange for the Employee's general release of all claims against the Town (including its present and former officers, officials, employees, agents, volunteers, andi insurers), executedi in ai form approved by the Town. Severance shall be paid to the Employee ifEmployee's employment: is terminated without cause. The Towny will not be obligated top pay severance unless andi until a general releasei is approved by the' Town. The release of all claims will not become effective until thes severance The' Town: is not obligated top pay severance under this Agreementi tifEmployeei ist terminated IfEmployee is terminated due to a conviction of any criminal offense involving moral turpitude, then Employer shalll have no obligation toj provide: fifteen (15) days advance written  from any further obligations under this Agreement.  signed by Employee in a is paid by the Town.  form  for cause, as defined in Section 3(D)(3).  notice or toj pay severance set forth in this Section.  5. Salary  A. Effective February 20, 2024, Employer agrees toj pay Employee for his services rendered pursuant to this Agreement as Interim Town Manager al base salary ofNinety Thousand Dollars ($90,000.00): per annum, payable inl bi-weekly installments at the same time as other employees of the Town are paid and subject to customary withholding.  6. Automobile  Employee is expected toj provide his own automobile for commuting and travel and will be eligible for reimbursement as currently provided to regular employees. 7. Benefits. Benefits shall accrual from February 20, 2024, as follows: phone at all times during his employment with the Town.  A. Cellular Phone Expense: Employee's duties require that hel have the use ofac cellular    B. Leave: Employee shall be eligible for thes samel holiday, management, vacation, sick, jury duty, family leave and bereavement leave as provided tot the executive management employees of the Town and as may be amended from time to time, except that: () Employee shall accrue one C. Health and Welfare Insurance: Employee shall be eligible for thes same medical, dental, vision, life, long-term disability, and employee assistance program coverages and Employer paid premiums for Employee and eligible dependents as currently provided tot the executive management employees oft the' Town, and as may be amended from time to time. 8. Retirement: Employee shall not be eligible forr retirement benefits.  additional week of vacation leave annually.  9. Professional Development  Thel Parties agree thati iti is int the besti interest ofthe Town that Employee maintain membership in professional associations and engage inj professional activities related to' Towni management and public administration. Employer shall be granted the same professional development benefits, at Employer expense, as provided to the executive management employees ofthe Town. Employee shall also bei reimbursed by the Town for membership: in the Colorado  Municipal League. 10. General Expenses  All reasonable travel or other expenses incurred by Employee in the performance of his official duties shall be reimbursed by Employer upon submittal of a receipt or other verification ofs such expenses in accordance with Employee Handbook.  11. Indemnification  Employer shall provide for the defense of Employee in any action or proceeding alleging an act or omission within the scope of] Employee's employment in accordance with applicable law. Employer shall bear the full cost ofany fidelity or other bonds, or fidelity insurance required of  12. Bonding  the Employee under any law or ordinance. 13. Compatibility with Statel Law  This Agreement is made subject to all applicable law oft the State of Colorado. In the event of any conflict between the provisions oft this Agreement and any such statel law, the provisions  of state law shall apply. 14. Notices  Any notiçes required by this Agreement shall bei in writing and either given in person or by first  class mail with postage prepaid and addressed as follows:  Tol Employer: Town of Dolores P.O. Box 630    Dolores, CO 81323 Tol Employee:  15. General Provisions  A This Agreement ist the final expression oft the complete agreement oft the Parties with respect toi the matters specifiedl herein and: supersedes allj prior oral or written understandings. Except as prescribed herein, this Agreement cannot be modified except by a written mutual B. Employee shall not be required tol live within thel Dolores Town limits. C. This Agreement shall not be assignable by either Employer or Employee. D. In the event that any provision oft this Agreement is finally held or determined to be illegal or void by a courthavingi jurisdiction over the Parties, thei remainder oft the Agreement shall remain in full force and effect unless the parts found to be void are wholly inseparable E. This Agreement shall become effective on February 20, 2024, subject tol board of F. Employee agrees to submit to a fingerprint based criminal background check as soon as INWITNESS WHEREOF, thel Employer has caused this Agreement to be signed and executed on  agreement signed by both Parties.  from the remaining portion oft the. Agreement.  trustee approval and execution by the parties.  possible.  its behalfby its Mayor. Itl has also been executed by the Employee. THE: BOARD OFTRUSTEES OF THE TOWN OFI DOLORES:  By: Mayor Attest: Clerk  Town  Employee  (Date)    Tol Employee: 14. General Provisions  Lyk Reeves, PoBy - 36 Mancos, Co 81328  A This Agreement ist thei final expression ofthed complete agreement ofthel Parties with respect tot the matters specified herein and supersedes allj prior oral or written understandings. Except as prescribed herein, this Agreement cannot bei nullified except by a written mutual B. Employee shall notl be1 required to live within thel Dolores Town limits. C. This Agreement shall not be assignable by either Employer or Employee. D. Int the event that any provision oft this Agreement is finally held or determined tol be illegal or void by a court having jurisdiction over thel Parties, the remainder oft the. Agreement shall remain in full force and effect unless thej parts found to be void are wholly inseparable E. This Agreement shalll become effective on February 20, 2024, stlbject tol board oft trustee F. Employee agrees to submit to ai fingerprint based criminal background check as soon as INY WITNESS WHEREOF, thel Employer has caused this Agreement tol be signed and executed in  agreement signed by both Parties.  from thei renlaining portion oft the Agreement. approval and execution by thej parties.  possible.  itst behalf by its Mayor. It has also been executed by thel Employee. THEI BOARD OFTRUSTEES OFTHETOWNOFDOLORES:  By:  Mayor Chris Holkestad  Attest:  Town Clerk Tammy Neely  210244 (Date)  Employee