1 2 3 4 5 6 7 8 9 10 11 12 13 ! 17 18 19 20 21 22 23 24 25 26 27 28 30 32 33 35 37 39 40 41 42 43 44 45 46 47 48 49 50 51 53 54 55 56 57 58 59 60 61 62  TOWN OF LYONS BOARD OF TRUSTEES MEETING LYONS TOWN HALL, 432 5TH AVENUE, LYONS, COLORADO  HYBRID MEETING Join Zoom Meeting Meeting ID: 8860 00280 0587 Passcode: 393271 Dial by your location +1 3017158592 US (Washington DC) Meeting ID: 88600280587 DRAFT AGENDA TUESDAY.JANUARY 2. 2023 5:30 pm = 6:50 pm WORKSHOP Joint Workshop with UEB:  htps/Ns02webzoom.s/2860028058T7PMS-CAVwMIZeEVAZWIK4S90W1ra2560109  Water Year Update/Time of Use 101/Tierra Resources Update/Solar Project Update  7:00 pm BOARD OF TRUSTEES REGULAR MEETING  I. Roll Call and Pledge of Allegiance - Present: Mayor Rogin, MPT Farrell, Trustee Elson, Trustee Daty, Trustee Delman, Trustee Williams Absent: Trustee Oetting  29 II. Land Acknowledgement  31 II. Approve Agenda - Motion: move to approve Moved by: Trustee Williams Seconded by:  Trustee Delman Motion passes unanimously  34 IV. A Reflective Moment of Silence 36 V. Audience Business - None  38 VI. LCF Annual Update - Gil Sparks, Chair, partnership for many years; Trisha McKean,  director with the Community Foundation of the County. Introduced new board, Corey Pierce, Gail Frankfurt, Kathy Hoyt, Ellen Levy, Dave Hatchimonji, Zach Tucker, Peter Denzy, have 8 members, need 2-3 more. 2023 a very good year; excluding the flood year, we hit a high mark for 27 grants awarded, granted more $ to scholarships up to $5K per student; participated in 8 or more community concerts. Gail Frankfurt, 1388 Rowell Drive, financial data presented. Annual appeals have proven our most successful fundraiser. Donations up 148%, scholarships have grown 5-fold. Increasing community awareness of who we are. Looking at donation growth, more opportunities for community involvement. Mr. Sparks, the matching grant appeal was tremendously successful, well over $50K. Zoe Chase Scholarship to be awarded for the first time this year, Planet Bluegrass has founded a new scholarship and looking at a new fellowship on behalf of 1. Boulder County Sheriff's Office Report = Sgt. Sears reported on Longmont Humane Society Contract, Town is covered with BOCO Sheriff's contract. No additional cost to the town. Thanked the BOT for approval of Flock cameras. CDOT permitting taking time, hopefully up by early spring. 5-year contract and town can renew at that time. Potential grant to cover expenses. Working on annual report; increase in homelessness, working on policies and resources. Provided end of year reporting/stats. 28 accidents int town. Out 2. Administrator's Report-Grant opportunity for co-responder position backin! Lyons; BOCO has to be applicant. Also, potential LCF grant opportunity. Working with LEAF on suicide postvention; BOCO reorganizing department changes; this Saturday, 8-12pm, Christmas  Priscilla Cohan. Thanked the board for their support.  52 VI. Staff Reports  oft town for next meeting.    63 64 65 66 67 68 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 116 118 119 120  tree drop-off. Mayor Rogin asked if it was possible to recoup funds from Longmont Humane Society. Mayor, DOLA micro-grid roadmap, Aaron to work on. 3. Legal Update - Attorney Dittman working CML on new rulemaking items on TCOA. Starting today the new firm is official; contract not changed since 7/2018; a slight increase  with a substantial discount.  69 VIII. Ordinances and Public Hearings  1. Public Hearing - Resolution 2024-01 -AResolution oft the Town ofLyons, Colorado Levying General Property Taxes for the 2024 Budget Year - Administrator Simonsen stated this sets property tax mill levy; due by a date certain to produce a balanced budget. Due to tax law changes SB 23B001 reduced assessed value in town go down. Both assessment values and rates went down; it was the first time in forever that our tax revenue went down. Public Hearing opened at 7:45 pm No speakers, Closed at 7:45. Motion: move to approve Moved by: Trustee Daty Seconded by: Trustee Williams motion passes unanimously 2. Public Hearing - Resolution 2024-02 - a Resolution Approving Ballot Language Increasing Sales Tax for the April 2024 Election- - Attorney Dittman provided background, board directed draft ballot language; one thing to discuss is first year amount as required by law; recommend increasing to at least $50K to ensure we cover any gaps/luctuations. Potential for separate fund, but not limited. Ifa approved tonight, we will have to let department of revenue know sO they can confirm it meets TABOR. Questions regarding sunset; dollar amount placement on question; creation of segregated fund. Public Hearing opened at 7:54 pm no speakers, Closed at 7:54 pm Motion: move to approve Moved by: Trustee Daty Seconded by: Trustee Delman Discussion on potential sunset; no interest from board. Funds to be used for nrasncuromantenane. naming the fund premature. Motion: move to flip first two bullet points moved by: Trustee Daty Seconded by: Trustee Delman Motion passes unanimously MPT Farrell stated it specifically says stormwater fund, as well as electric. Mayor Rogin suggested removing examples. Administrator Simonsen stated the board can raise utility fees for residents, whereas this gets passes on to our visitors, was purposeful, to show funds can be used for that purpose. Pro/Con statement also a TABOR requirement. Options to narrow it down; but be transparent on where funds will be spent. Trustee Williams suggests keeping it asi is. Motion: amend first bullet to read: to be used only for' "such as, but not limited to" strike never into the towns general fund Moved by: Mayor Rogin Seconded by: Trustee Williams Motion passes unanimously. Resolution as amended passes unanimously.  99 IX. Consent Agenda  1. Resolution 2024-03- - Al Resolution of The Town ofl Lyons, Colorado Designating the Official Public Notice Location and The Official Newspapers of General 2. Resolution 2024-04 a Resolution of The Town of Lyons, Colorado Determining That the Regular Municipal Election Be Held on April 2, 2024, Shall Be al Mail Ballot 3. Resolution 2024-05 = a Resolution of the Town of Lyons, Colorado Approving a Contract with Wilson, Williams, Fellman, and Dittman Legal Firm 4. Resolution 2024-07 - A Resolution of The Town of Lyons, Colorado Appointing Brandon Dittman of Wilson Williams Fellman Dittman as Town Attorney December 18, 2023, Regular BOT Meeting Minutes  Circulation for The Town ofLyons, Colorado  Election  5. January Accounts Payable Daty Motion passes unanimously  Motion: move to approve Moved by: Trustee Williams Seconded by: Trustee  115 X. Items Removed from Consent Agenda 117 XI. Boards & Commissions  1. Economic Vitality Commission - Revolving Loan Fund Background and Update - Mike Porter/Paul Dryer presented. Commission considers it one fund; applicants must meet criteria. About $150K is available to local businesses. Provided stats; one loan in default,    121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177  two behind in payments. 6 loans made in 2023. Loans are at 0% for 15-27 months. 3- month grace period before 1st payment. Committee voted to increase loan amount from $10K to 20K in 2022. Impacts of program are hard to quantify. Potential risks pointed out including no "teeth" when defaults occur and high inflation reducing the value of the fund. Recommendations include mandatory Auto/ACH payments, committee meeting regularly with town staff, quarterly reports and amending town resolutions to reflect changes. Mayor Rogin asked if fund had legal review of applications? Attorney Dittman said he originally created the forms, but he nor the Finance Director reviews anything; committee originally appointed by mayor; who approves new committee members. Potential workshop to discuss further. Kim Mitchell stated we have a promissory note, loan agreement and a security agreement that are all signed by applicant, and we do not release funds until all paperwork is received. USDA (original funds) do not want staff involvement; they want it to be independent. One default, essentially USDA looks ati it as agrant, risk is involved. Zero interest rate, in 2018 was tied more to prime rate; TOL not al bank, when prime changes that is a bank responsibility. Gets treated like a grant; no staff legwork. Attorney Dittman, RLF is not an official board/.commission of town; I did research USDA and they wanted nothing to do with this and they didn't want town staff/elected officials involved. Lyons has one of the most sophisticated RLF'slcan find.  We have done a few legal demand letters.  141 XII. General Business  1. LEAF Agenda Request - Waiver of Fees Request - Director Caplan provided background information; code doesn't provide for amending al PUD; may need to separate the PUD-C forLEAF and the PUD -Ri for the Habitat homes. Potential $1000 fee for PUD: applications; an escrow is required for each. Fees have been waived in the past for other development projects. Estimate total to be $2-3K max. Attorney Dittman stated PUD issues are not uncommon to rezone to amend PUD. With it being two different properties that muddies it even more. Discussion on parking/utility issues that need to be addressed. Habitat has not come forward to express any changes. Would need approval of each of the 6 habitat owners. Discussion on potential easement for parking, maintenance. LEAF has noti talked with those homeowners as of yet. Sandy Banta, LEAF serving a large part of the community; ify you approve that money goes back to the community. Ifwe added non-profit too commercial uses in code, could that be done via resolution? Administrator Simonsen, the board discussed this, and it opens the potential of all of Main Street being non-profit. MPT Farrell needed clarification on what is happening on back end. Attorney Dittman stated PUD addresses flexibility in a specific project; current PUD does not fit the current specific standards. Issue is complicated; could potentially be hard but we could reach a solution. Discussion on permit fees being included in waiver; unable to commit to a specific amount. Trustee Daty, hard to approve when it feels very open ended; can we waive up to a certain amount in good faith? Director Caplan - Summit and 317 Evans are open- ended, there are thousands of dollars not being recouped. Mayor Rogin recommends 2. Discussion/Direction on CEMEX - Board Support for Public Comment Title V Clean Air Act (from 12/4 meeting) - Mayor Rogin said this was discussed at a previous meeting; Trustee Williams wanted to hear from Trustee Elson; Trustee Elson concurs that public comment should be to follow the rules. Mayor Rogin to represent the board at the public hearing with that direction. Meeting is on Friday at 4pm Mayor can provide zoom 3. Resolution 2024-06 - a Resolution of the Town of Lyons, Colorado Accepting a Grant Award from Left Hand St Vrain Water Conservancy District Streambank Restoration Design Matching Fund Project - Manager Sanders stated in November staff presented that we had been awarded CWCB funds for streambank restoration by Summit Housing; also awarded match portion. This resolution accepts those funds; must construct by 12/2028 funding will be reimbursed at $27,500.00. Administrator Simonsen, this could commit a future board, you could accept now and carry over. Staff have identified 3 different grants to assist with construction; hopeful to carry out much sooner than 2028,  waiving up to $4K and revisit ifi it gets complicated. Board concurs. 5-minute break at 9:04 pm. Meeting resumed at 9:14 pm  information.    178 179 180 181 182 183 184 185 186 187 188 189 190 191 193 194 195 196 197 198 199 200 201 202 203 204 205 207 208 209 210 211 212 213 214 215 216 217 218 219 221 222 223 224 225 226 227 228 230 231 232 - 233 234 235 236 237  closer to 2025. Feel confident in obtaining 50% funding, have in-kind funding as well. Total cost estimate for construction is $700K. Potential match depends on grants, could potentially be $150K. Discussion on where gap would come from; potentially GF. MPT Farrell asked about SIA regarding fence and $150K tranche for Summit. Could that money go towards that? Separate agenda item on Summit at next meeting. Design will clear up a lot of lot line questions. Lots will eventually continue to erode, will eventually heal itself ifwe choose not to restabilize. Discussion on language in grant agreement; if project not constructed by 2028, does that mean complete? Attorney Dittman reads it that way. Manager Sanders to follow up. Discussion on binding hands ofi future board; appropriating funds now; Manager Sanders stated we do have flood recovery funds set aside if we want to earmark from there. Motion: move to approve Moved by: Trustee Daty Seconded by: Trustee Williams Board consensus is strong desire of this board on allocating the $27,500  from flood claw back fund if needed to be repaid.  192 XIII. Trustee Reports  1. Trustee Daty - HHSC did not meet in December, EVC did not meet in December.  Meet next in January, Trustee Elson to attend EVC meeting. 2. MPT Farrell - PCDC did not meet in December 3. Trustee Williams - HPC met, no quorum, had a party. 4. Trustee Delman - Parks meets next week  5. Trustee Elson - SFC meets the 16th; EAB discussed apple orchard; came up with 6. Mayor Rogin - attended Marshal Fire Solidarity Breakfast on Saturday; attended LEAF building tour with Negusse; DRCOG updates include a work session tomorrow on housing study; plan to expand Safe Routes to school program; commercial property tax relief next session. Petition packets arer ready tol be picked 1. Case Study for Time of Use for BOT/Programmabe Appliances Availability in US 3. Compare current utility bills to ones who implements Time of Use. 4. Staff tol look into options of recouping funds from Longmont Humane Society 5. Include total budget percentage from property taxi ini future reports. 6. Schedule Workshop on Revolving Loan Fund/Formalizing Committee Guidelines 7. Draft Resolution to grant LEAF waiver of fees up to $4k and revisit in the future if 8. Agenda Item - Summit update/SiA/FencingFuningmiestones 9. Tracy toi follow up on grant requirement of completion VS under construction 10. Board consensus is strong desire oft this board on allocating the $27,500 from flood 24-6-402(4)e) and 24-6-402(4)b) for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and instructing negotiators, and for receiving legal advice from attorneys representing the Town on specific legal questions, and specifically, determining negotiating positions and strategies regarding the Intergovernmental. Agreement (IGA) between the Town of Lyons and Boulder County, and obtaining advice as needed from legal counsel on related legal  tree sponsorship.  up! Cancel Executive Session.  206 XIV. Summary of Action Items:  2. Potentially renegotiate Longmont Water IGA  needed.  claw back fund if needed to be repaid  220 XV. Executive Session - an executive session being conducted pursuant to C.R.S. Sections  issues  229 XV. Adjournment - Motion: move to adjourn Moved by: Trustee Williams Seconded by:  Trustee Daty meeting adjourned at 9:53 pm  Respectfully: submitted by: am7  daagas TownClerk  Dolores M.  CMC-  H Mayor Hollie Rogin  Vasquez,