MINUTES Monday - August 19, 2024 MINUTES OF THE REGULAR MEETING OF1 THE FAIRPLAY BOARD OF TRUSTEES August 19, 2024 CALLTOORDER A Regular Meeting of the Board of Trustees for the Town of Fairplay was called to order by Mayor Frank Just on Monday, August 19, 2024, at 6:00 p.m. in the Board Room located in the Fairplay Town Hall at 901 Main Street, Mayor. Just proceeded with the pledge of allegiance, followed byt the roll call, which was answered by Mayor Frank Staff in attendance: Town Administrator Janell Sciacca, Chief Jeff Worley, and Town Attorney Brandon Dittman having previously been posted in accordance with Colorado Open Meetings law. PLEDGE OF ALLEGIANCE AND ROLL CALL Just, and Trustees Ray Douglas, Erik Baum and. Josh Voorhis, and Mayor Pro Tem Pete Lynn. (online). APPROVAL OF AGENDA There were no additions, deletions, amendments or corrections to the agenda. Motion #1 by Trustee Douglas, seconded by Trustee Baum, that the agenda be adopted as written. A roll call vote was taken: Douglas - aye, Baum - aye, Just -aye, Voorhis - aye; Lynn -aye. Motion carried unanimously. CONSENT AGENDA A. APPROVAL OF MINUTES OF PRIOR REGULAR MEETING - May 6, 2024. B. APPROVAL OF EXPENDITURES - Paid bills for all Town funds from August 2, 2024, through August 15, 2024, in Sciacca responded to various questions regarding expenses. She also recognized Deputy Clerk Sarah Ernst for taking on all the AP entry and processing with Danner's departure. Sciacca also advised that Events Assistant Kelsey Sprys, whoset first day was August 19, and advised she would! bel learning the AR: and API processes as welli in order toy provide Motion #2 by Trustee Voorhis, seconded by Trustee Douglas, that the Consent Agenda be approved with the minutes as written and the expenditures as stated. Douglas -aye, Baum -aye, Just-aye, Voorhis-aye; Lynn- the amount of $235,362.61. for separation of duties and redundancy. aye. Motion carried unanimously. CITIZEN COMMENTS Jason Genson, 255 Front Street, appeared to ask fort the Town's approval to allow for and assistance inj putting ona Halloween Trunk or Treat event on Front Street. He announced that! hel had obtained sponsorship from Family Dollar and was working with other entities, agencies and businesses to put the event together. Genson was requested to submit a Special Event Permit and to work with the Museum and Boys & Girls Club to complement their planned A. FIRST READING - Should the Board of Trustees for the Town of Fairplay adopt Ordinance No. 7, Series of 2024, entitled "AN ORDINANCE OF1 THE BOARD OF TRUSTEES FOR THE TOWN OF FAIRPLAY, COLORADO GRANTING AI FRANCHISE TO PUBLIC SERVICE COMPANY OF COLORADO FOR THE NON-EXCLUSIVE RIGHT TO PROVIDE, SELL, ANDI DELIVER GAS AND ELECTRICITY TO THE TOWN ANDI ITS RESIDENTSTHROUGH THE NON-EXCLUSIVE REASONABLE USE OF TOWN STREETS, PUBLIC UTILITY EASEMENTS, AND OTHER TOWN PROPERTY."? Mayor Justi introduced the ordinance. Town Administrator Sciacca reported on the expiring franchise agreement and the new agreement in the packet. She noted this was the first reading and the Board would need to set the Public Hearing for September 16, during which time additional and required public notices would be made by Staff. She introduced Town Attorney Brandon Dittman who was appearing online to provide the Board additional information and answer questions. Dittman explained thef franchise process andi notices required under Colorado law. He advised activities. PUBLICHEARINGS 1 MINUTES Monday - August 19, 2024 that Xcel completed 3 notices that were required prior to the evening's introduction and following any questions from the Board, the second reading and formal public hearing would need to be set. Dittman then explained that franchises are what Xcel would be paying the Town for use of its right of way and placement of facilities. The franchise agreement establishes the rates and terms. Dittman further explained that the majority of these agreements across Colorado take the same form and contain the same terms and conditions - 20 years at 3% of electric revenues. He advised that in addition, the Town received 1% that was segregated into an electric undergrounding fund, and this was not a part of other franchises. Dittman reviewed several other components of the agreement and then answered questions of the Board regarding addition of Veteran benefits, the actual availability of service status for the Town, incentives for solar and other renewable energy alternatives, option for CORE energy to provide electric, amount in the underground fund, and ramifications of not approving the agreement. Dittman advised he would follow up with Xcel on the applicable Board questions in order to provide that information at the hearing. The Board thanked Dittman for attending and for working on this matter on behalf of Motion #3 by Trustee Voorhis, seconded by Trustee Baum, to approve the 2nd Reading of Ordinance No. 7and set the Public Hearing for September 16, 2024, at 6:00 p.m. Douglas - aye, Baum - aye, Just - aye, Voorhis- B. THIRD READING Should the Board of Trustees for the Town of Fairplay adopt Ordinance No. 6, Series of 2024, entitled "AN ORDINANCE CREATING SECTION 7-2-200, WITHIN NUISANCES, OF THE FAIRPLAY MUNICIPAL Mayor. Just introduced the item, advised of the Town's authority to conduct the hearing and thei format. He opened the Hearing at 6:42 p.m. Town Administrator Sciacca provided an overview of the Staff Report noting this was the 3rd reading and the Board had decided to continue the matter from August 5 and several Trustees were not in attendance to provide their position and vote ont the legislation. While some Boardi members werei in favor ofp putting ther regulations inj place and were concerned that ift the Town did not intervenet there would be injuries anda accidents where lots were in poor condition, multiple Board members expressed concern that the legislation was government overreach and felt issues would be addressed through civil remedies by anyone injured or experiencing damage due Mayor Just opened the floor to public comment. Scott Dodge, 1317 Meadow Drive, agreed with those that felt this was a property owner issue for all private property owners, but a different matter for publicly owned lots. He felt there were other more important "nuisances" that needed addressing. Chief Worley was asked if citations were issued for accidents inj parking lots and he responded they were in limited situations for violations such as improper backing, DUI, careless and reckless driving, etc., but not for potholes. There being no one else wanted to speak, the Following additional discussion, Sciacca suggested taking no action or denying the ordinance and allowing Staff to Motion #4 by Trustee Voorhis, seconded by Trustee Baum, to approve the 2nd Reading of Ordinance No. 7and set the Public Hearing for September 16, 2024, at 6:00 p.m.. Douglas - aye, Baum - aye, Just - aye, Voorhis = the Town. aye; Lynn -a aye. Motion carried unanimously. CODE, ESTABLISHING PARKING LOT REGULATIONS."? to the property owner's negligence. floor was closed to public comment. continue to work with property owners as issues arose. nay; Lynn - aye. Motion carried 4 to1. NEW BUSINESS A. TO BE CONTINUED TO SEPTEMBER 16, 2024 - Consideration of Request from ACL Real Estate, LLC, for an additional extension of 1-year Deferment of parking and landscape improvements for Highside Brewerylocated Motion #5 by Trustee Baum, seconded by Trustee Voorhis, to continue the request from ACL Real Estate, LLC, to September 16, 2024, at 6:00 p.m. Douglas - aye, Baum - aye, Just - aye, Voorhis - aye; Lynn - aye. Motion at411 US Hwy 285. carried unanimously. 2 MINUTES Monday-August: 19, 2024 B. Transmittal of Final Report -University of Colorado Denver Urban and Regional Planning Program Mountain Town Administrator Sciacca advised that the report link was mailed out tot the Board separately and she and Town Planner Hunn were reviewing it and would be happy to take input from the Board or answer any questions. Studio 2013 Comprehensive Plan Assessment Findings and Recommendations. OLDB BUSINESS A. Continued review of and discussion on proposed Employee Handbook update Town Administrator Sciacca reviewed the Staff Report and the listing of significant changes from the prior version. She advised there was no hurry to adopt since there was a policy in place and her focus was to make things clear, easy to understand and up to date which included removing items that should be in ancillary policies instead ofa handbook. Trustees provided comments andi inputi including concerns about theg generous PTO! policy whichp provided for almost 5 weeks of vacation during the first year of employment. They generally wanted to see ai fair policy that reduced thel Town'sl liability by breakingt the PTOi into: separate banks ofsick, vacation, earned comp time, etc. Sciacca advised that there was information available on an HR listserv and she would research and bring some of that Town Administrator Sciacca noted her report in the packet and reported that the Town's paving project would be starting ont the 20th, the pre-con meetingf fort thel River Park project was taking place on' Wednesday, SGM was: starting work on thei impact fees, ar new SGM: Staffer was taking over the Water Model project as Rob had left the company, Scot Hunn was drafting an updated 3-Mile annexation plan, as of August payment the Town was only .41% under is Sales Tax projections; and last Friday the Staff and the Mayor conducted an interview for the Streets & Utilities information back for the Board to review. STAFF ANDI BOARD OF TRUSTEE REPORTS Superintendent position with al local candidate who was offered thej job and dida accept. Trustee Douglas advised he would miss the September 16 meeting due to hunting season. Trustee Baum advised he did have at trip coming up and would need to participate online and he would like to see crosswalks with al button andi flashing lights on Main Street in 2 spots due to all the pedestrian traffic in the area. Trustee Voorhis reported there was a landscape storage lot between the Family Dollar and Forest Service building. He also stated that during Burro Days he heard another race had been scheduled by someone who wanted to stick itt to the Town. This person did the same thing in another community and Voorhis did not want to see Burro Days jeopardized sol he hoped there was a solution. Hea also suggested thel Town: sponsor Burros and add as shorter 5Kr race Mayor Pro Tem Lynn cautioned that the new curb and gutter along the CDOT housing project àppeared to have the potential to create some drainage issues for the neighbor to the east. Sciacca replied she would have Town Engineer Dircksen looki into it. She also reported that CDOT was soliciting suggestions for complex names and to let her know Mayor. Justi felt thel later than normal paving would benefit the Town and there would be more consistency: and less cracking duet tot thel higher temperatures. It was noted that Park County was finallys going to have Platte Drive paved. Just alsot touched on the potential drainage issue along! Hathaway and proposed that the Towni finished the curb and There being not further business before the Fairplay Board of Trustees, Mayprydeclared the meeting adjourned that he would even participate in. ifanyone hads some good ideas. gutter in 2025 down to gth Street and around the corner to the Boys and Girls Club. ADIOURNMENT at7:58 p.m. BOARD OF = VFrank just, Mayor - o 9 B5