Dolores, Colorado AGENDA  TOWN OF DOLORES COLORADO BOARD OF TRUSTEES MEETING JANUARY: 23RD 2023, 6:00P.M.  THE MEETING WILL BEI HELD AT1 TOWN HALL4 420 CENTRAL, AVENUE.  IF YOUWISH TO ATTEND VIRTUALLY, PLEASE VISIT THE TOWN WEBSITE UNDER GOVERNMENT TOWN  BOARD MEETING FOR THE ZOOM LINK tps/lownofdolores.coloradogow  1. CALLTOORDER 2. PLEDGE OF ALLEGIANCE 3. ROLLCALL:  4. ACTION/APPROVAL OF THE 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 a Public Hearing. Each Person willl have 5 minutes. The Town Board encourages public comment by the following sources: Live at the Town Hall, virtually via ZOOM (seet the Town Website for the link), or by submitting your comments, via email, tot the Town Clerk ati aimnyetowpocoorescom  any time before the dated Board meeting. 7. CONSENT AGENDA: 7.1 Resolution R518 Series 2023: 8.STAFFREPORTS: 8.1 Manager: Ken Charles 8.2 Attorney:. Jon Kelly  9.DISCUSSION/ACTION ORDINANCE AND RESOLUTIONS: 10. ADMINISTRATIVE BUSINESS AND PRESENTATIONS: 10.1 Discussion: Joe Rowell Park Plan and Budget.  9.2 Resolution R519 Series 2023: Approving the transfer of Galloping Goose No.! 5  1    11. FUTURE AGENDAS:  11.1 P&Z meeting February 7th, 2023 11.2 Parks meeting February 9th, 2023 11.3 Board meetings: February 13tha and 27th, 2023 12. TRUSTEES REPORTS AND ACTIONS: 13. ADJOURNMENT:  2    Town ofDolores Resolution No R518 Series 2023  ARESOLUTION APPROVING RELEASE  WHEREAS the Town of Dolores, a Colorado Statutory Town, wishes to approve a settlement in  the form attached hereto as Exhibit A. OF THE TOWN OF DOLORES, THAT;  NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES  SECTION 1: The Board of Trustees approves the expenditure required in Exhibit A and the  Town proceeding with the settlement outlined therein. Passed, adopted and approved this 24th day ofJ January, 2023. THE: BOARD OF TRUSTEES OF THE TOWN OF DOLORES:  By:  MayorLeigh! Reeves  Attest:  Town Clerk" Tammy Neely    Town ofDolores Resolution No R519 Series 2023  ARESOLUTION, APPROVING THE TRANSFER OF  GALLOPING GOOSENO.5  WHEREAS, the Town of] Dolores, Colorado is a statutory town incorporated under the WHEREAS, Colorado Revised Statute 31-15-101(C)&(d) authorizes the Town to enter into contracts and acquire, real and personal property upon such terms and conditions as the  laws oft the state of Colorado; and,  Board of Trustees deems appropriate; and  WHEREAS, the Galloping Goose Historical Society, Inc., a Colorado non-profit corporation, (referred to as "GGHS") and the Town of Dolores, (referred to herein as the "Lessor") entered into an operating agreement for the lease of the historic Galloping Goose No. 5  dated June 22, 2015; and,  WHEREAS although Goose No. 5is a matter of great historical significance to the Town ofDolores, the Trustees find that good governess requires transfer of ownership to the  GGHS with the conditions set forth in Exhibit A, attached hereto.  NOW,7 THEREFORE, BE: IT RESOLVED, by the Board of Trustees oft the Town of  Dolores, a Colorado Town the following:  Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Board of Trustees. Section 2.. Amendment of Agreement. The Board of Trustees hereby approves and authorizes the transfer of ownership of Galloping Goose No. 5toi the GGHS on the terms and conditions set Section 3. Provisions. The Mayor of the Town ofDolores is hereby authorized and directed to Section 4. Effect Date. This Resolutions shall be effective immediately upon its approval and  forth in the agreement.  sign and execute the agreement attached hereto as Exhibit A; and  adoption.    Passed, adopted, and approved  2023.  THE BOARD OF TRUSTEES OF THE TOWN OF DOLORES:  By:  Mayor Leigh Reeves  Attest:  Town Clerk Tammy Neely    GALLOPING GOOSE NUMBER 5 TRANSFER AGREEMENT  THIS AGREEMENT is made effective on the dates set forth below, by and between the Town ofDolores, Colorado, a municipal corporation, hereinafter referred to as "Town", and the Galloping Goose Historical GGHS, Inc., a Colorado non-profit corporation, hereinafter referred  toas' "GGHS".  WHREAS The Galloping Goose No. 5, hereinafter "Goose" presently owned by the Town and leased tot the GGHS pursuant to that Lease and Operating agreement dated. June 22,  2015.  WHEREAS the GGHS has faithfully maintained the Goose and has entered into agreements to operate it from time to time on the Durango and Silverton and Cumbres and' Toltec  railways.  WHEREAS the Goose is an important resource and a matter of pride to the citizens of the Town ofDolores. However, good governance also requires that the Board ofTrustees to consider the burdens, risks and potential liability of continued ownership, especially when the Goose  operates on railways elsewhere in Colorado and in New Mexico.  WHREAS the Town and GGHS desire to enter into this agreement to transfer ownership oft the Goose to the GGHS subject to certain conditions intended preserve the Town'sl historic  connection to the Goose as set forth herein.  NOW THEREFORE The Town and the GGHS agree as follows:  1. The Town does hereby convey and transfer ownership of the Galloping Goose No. 5 to the GGHS in its "as is, where is" condition without warranty of any kind other than  warranty oft title.    2. Inc consideration of transferring title the GGHS agrees to abide by the following terms  and covenants:  a. Thej permanent home of the Goose shall bel Flanders Park in Dolores, Colorado, where the GGHS shall store and display the Goose when not in use on the Durango and Silverton and Cumbres and Toltec railways. b. When not in use, the Goose shall be displayed and available tol be viewed by the public in Flanders Park in the same: manner it has been the historic practice  of the parties.  The GGHS shall maintain the Goose in its restored historical look and working configuration, using generally accepted historical preservation and  restoration techniques.  d. The GGHS shall maintain, ati its sole cost and expense, adequate liability insurance coverage for the Goose while stored and displayed in Flanders Park, while in transport and while operating on railways. The Town shall be a  named insured.  e. All excursions of the Goose on Durango and Silverton and Cumbres and Toltec railways shall be in accordance with federal law and regulations and pursuant to the terms and conditions of operating agreements with the owners  of those railways.  The Town shall have the option and right of first refusal to repurchase the  Goose for the sum of $10.00: in the event that:  The GGHS dissolves or otherwise ceases to exist as a nonprofit entity  or merges with another nonprofit organization;    ii. The GGHS determines that itis no longer able to maintain the Goose; ii. The GGHS, in the judgment oft the Town, has materially failed to  abide by the provisions of this agreement; or,  iv. The GGHS wishes or attempts to give, lend, sell, donate or otherwise transfer ownership or possession of the Goose or store it outside the  Town of Dolores.  The GGHS agrees to give the Town written notice ofi its intent to give, lend, sell, donate or otherwise transfer ownership or possession oft the Goose toa third party, or store it outside the Town of] Dolores, and the Town shall have 60 days after the receive thereof to exercise its right to: first refusal to  repurchase the Goose as provided herein.  h. IftheT Town determines that iti is entitled to exercise its option to purchase under the terms of this agreement, it shall give the GGHS 60 days written notice to convey the Goose to the Town by bill of sale or cure the default to  the satisfaction of the Town.  3, To the fullest extent of the law, the GGHS agrees to indemnify and hold harmless the Town, its officers, agents and employees, from and against all liability, claims and demands, on account of any injury, loss, or damage, which arise out of or are connect with the Goose, if such injury, loss or damage, or any portion thereof, is caused by, or claimed by the caused by, the negligent act, omission, or other fault of the GGHS or any subcontractor ofthe GGHS, or any officer, employee or agent of the GGHS or any subcontractor, or any other person for whom the GGHS is responsible. The GGHS shall investigate, handle, respond to, and provide defense for and defend    against any and all such liability, claims, and demands, and tol bear all other costs and expenses related thereto, including court costs and attorney' s fees. The GGHS's indemnification obligation shall not be construed to extend to any injury, loss, or damage which is caused by the act, omission, or other fault oft the Town. Itis expressly understood and agreed that nothing herein contained shall diminish or impair the Town's statutory immunities or liability limits as provided under the Colorado Governmental Immunity Act (CRS 24-10-101 et.seq.).  4. Nothing herein shall be deemed to affect thet terms oft the lease agreement for the  Depot and portions of Flanders Park between these parties  THE. PARTIES HERETO HAVE. EXECUTED THIS AGREEMENT ON  2023.  TOWN OF DOLORES, COLORADO  THE GALLOPING GOOSE HISTORICAL GGHS OF DOLORES, INC., a Colorado Non-Profit Corporation  Mayor of the Town of Dolores  President  ATTEST Clerk  Secretary  Seal  Seal    TO: Parks and Rec committee FR: Ken Charles DT:1-18-23 do we do?  RE: Notes from Conference call with Logan Simpson  Jana andls spoke about strategy and how to make ar request to GOCO given that the estimates far exceeds a $1 M project. GOCO did not comment on whether we can request more than $1 M, SO what My call to. Jana was to get heri insights as to what from her experience should be included. One of her questions was What does GOCO prioritize: multi-purpose or sports/exercise. Ido not know the answer 1. Dot the Core area improvements thati is accessibility and landscape. This includes shade structures, new paths, benches, trees, irrigation. Concentrate on the east end and the trail and trees through the center. Possiblyi include river access improvement on the east end. 2. The estimate is without the bike park, sO she recommends we decide either the restroom or bike park or the other. If we do both, that willl bet the grant request. The restroom with site work 3. Postpone restroom project; postpone redoing the backstop to the SE ballfield. But remove outfield fence and repair outfield with new irrigation for multi-purpose. This requires the 4. Redo the dog park plan to a more basic approach toi include only fencing, benches and a shade 5. Postpone vegetation removal on the west side and concentrate on the east end oft the park. 6. Use stabilized crusher fines versus concrete paths. Path improvements to include the linei item 7. Jana: sees this as a single bid project, meaning a general contractor will do all of what we ultimately doi ina as single season, withi the bike park an exception. If we selectively doi individual projects, we iose the benefit of economy of scaie, which will resuiti ini higher costs. 8. don'tthink we can commit public works to much of this, ifany. Possibly upgrading irrigation, soil removal, but with a one bid project, it would require most oft their time for the season. 9. Bike park-from her experience, an asphalt track will run near $750,000. We shouldI look at other 10. Jana will upgrade the budget with changes. Her goal is to reduce costs to $1.5 M. We will not 11. The project will require a 1-foot contour survey-515,000. We will also include funds for ap project  tot that. Ithought the conversation was helpful.  is near $400,000.  purchase of a portable fence.  structure.  fors striping vegetation  options. have thati for tonight. manager-S20,000.