Buena Vista trustees impose data center moratorium,

The Buena Vista Board of Trustees met June 9, 2026, unanimously imposing an emergency moratorium on data center applications, approving nearly $44,000 in airport HVAC work funded by unexpected testing revenue, and receiving a drought briefing that found the town already in Phase 3 statewide drought conditions. Mayor Libby Fay called the meeting to order at 7:02 p.m., all seven trustees present. The pledge of allegiance was recited, the agenda adopted without modification, and the consent agenda — including minutes from the May 26 board meeting, Planning and Zoning Commission, and Water Advisory Board, along with department reports from the police chief, planning director, public works director, and town clerk — approved unanimously. No members of the public offered comment.

Officers Sworn In

Mayor Fay administered the oath of office to two new Buena Vista police officers, Timothy Sullivan and Stephen Caffrey. Police Chief Dean Morgan noted that Sullivan is a Buena Vista native and a third-generation law enforcement officer, with his father serving in Salida and his brother with the Denver Police Department.

Data Center Moratorium

The board voted unanimously to adopt Emergency Ordinance No. 2026-13, imposing a temporary moratorium on the acceptance, processing, and approval of data center applications in Buena Vista. Town Administrator Brian Berger, presenting in the absence of Planning Director Marika Kopp, told trustees that data centers are not explicitly identified as a permitted use in the town’s code, requiring planners to classify them under the most analogous use — likely industrial or utility provisions — which may not adequately address water consumption, energy demand, noise, visual impacts, or compatibility with community character. The Planning and Zoning Commission discussed the issue May 20 and broadly supported additional research. The moratorium passed without dissent or further discussion.

Airport: HVAC Contract and New Ground Lease

The board approved Resolution No. 2026-43, authorizing a $43,269 contract with Patriot Sons HVAC for Phase 2 airport HVAC installation, with anticipated Tri-State rebates of $12,000 bringing the net cost to $31,269. Berger told trustees the project had been deferred in the May capital project reprioritization but became viable after the airport secured an unanticipated contract with a high-altitude equipment testing operator whose revenue was not included in the 2026 budget. Berger noted the testing client’s contract requires climate-controlled facilities and that a good experience could draw additional rounds — historically a significant revenue source for the airport. The motion passed on a unanimous roll call vote.

The board also approved Resolution No. 2026-44, a new pre-construction ground lease with PCS Hangar LLC for two 60-by-60-foot hangar bays at Central Colorado Regional Airport, designated D1 and D2. The lease runs 25 years with two 10-year renewal options at 30 cents per square foot, adjusted annually by CPI, consistent with the town’s standardized ground lease template. Berger noted the approval fills the last immediately available hangar space at the airport. The lessee must obtain a building permit within one year. The motion passed unanimously.

Drought

Public Works Director Shawn Williams briefed the board on drought conditions and preparedness, noting that by the time he presented his report, Colorado had escalated to Phase 3 drought — one stage beyond what his slides reflected. Cottonwood Creek stream flows are running at historically low levels, snowpack for the season was extremely poor, and no project water has been allocated from the Southeastern Water Conservancy District for 2026, though the town holds approximately 850 acre-feet of stored water at Pueblo Reservoir. Williams said current water loss in the distribution system is running at 14 percent — manageable at this stage — and that the infiltration gallery is performing well. He said staff is working with Wright Water Engineers and Swiftwater Solutions on a formal drought plan and expressed interest in having one or two board members on a drought response team to assist with community communication. The board raised no objections. Williams said education remains the current posture, with restrictions and rationing as later-stage options.

Short-Term Rental Committee Update

Trustees Maggie Huyck and Devin Rowe reported on the Buena Vista Short-Term Rental Committee, which completed five meetings and reached consensus on a full set of recommendations. Huyck said the committee — drawn from varied community backgrounds — worked through disagreements productively, with every issue reaching agreement. Two committee members joined via Zoom and echoed that assessment. Staff said the recommendations are expected by end of week, with a target of placing them on the next agenda, though the tight packet deadline makes that uncertain.

Code Enforcement Work Session: Dog Enforcement Takes Center Stage

The meeting opened at 6 p.m. with a work session in which Police Chief Dean Morgan, Code Enforcement Officer Grant Bryans, and Code Enforcement Officer Ken Taylor presented a comprehensive overview of the department’s operations, with a primary focus on dog leash enforcement. Morgan traced code enforcement’s evolution from its placement under the Planning Department in 2017 to its move under the Police Department in 2022, crediting the transition with bringing formalized training, body cameras, a chain of command, and policy oversight through Lexapol, a nationally used law enforcement policy platform.

Bryans reported that dog-at-large violations — 80 citations in the first quarter of 2026 alone — represent the department’s most frequent enforcement action. The current fine structure starts at $25 for a first offense, rising to $50 for a second and $100 for a third, with mandatory surcharges bringing the first-offense total to $40. Several trustees and Bryans noted that visitors from other communities have described the $25 base fine as laughably low. The board directed staff to compile a comparative fine schedule from other mountain communities and return with a recommendation. One trustee suggested doubling fines as a starting point.

The board also received a letter from Ark-Valley Humane Society Executive Director Nikki Ritter, included in the packet, warning that increased impoundment would strain the shelter’s 13-dog capacity — already frequently at or near full — and urging the board to balance enforcement with graduated responses, preventative resources, and owner education. Ritter noted that stray dog intake has climbed from 177 in 2023 to 222 in 2025, while the owner reclaim rate has dropped from 91 percent to 77 percent over the same period. She flagged that extended court-hold cases have at times occupied more than half the shelter’s available dog kennels.

Morgan described the process for handling vicious dog cases, noting that enforcement is victim-centric — charges cannot be filed without the victim’s consent — and that a recent case involving two repeat-offending dogs required BVPD to obtain a search warrant to seize the animals, the first such warrant in Morgan’s time with the department. Those dogs remain in Ark-Valley’s care pending litigation as of the meeting date, with the shelter absorbing food, housing, and veterinary costs. No formal action was taken during the work session; Bryans said a business item on fine adjustments will return to a future meeting.

Chaffee County Fire Protection District Ballot Discussion

Berger briefed the board on collaboration with the Chaffee County Fire Protection District on proposed ballot language that would allow town residents to vote on inclusion in the district and have direct representation in its governance. The board discussed the town’s intent to reduce its authorized mill levy to offset the fire district’s operational mill levy of 3.963 mills, so residents would not pay twice for fire services. Town Attorney Jeff Parker, participating via Zoom, cautioned that once a ballot measure is formally placed on the ballot, town staff, resources, and funds cannot be used to advocate for or against it, though individual trustees may continue to express personal views. The board reached consensus on the intent and directed staff and legal to continue working with the fire district to finalize language. No formal vote was taken.

Pearl Theater Complications

Berger flagged escalating complications with the Pearl Theater abatement project. What was initially estimated at $50,000 has grown to approximately $100,000 due to cost increases and expediting needs, and a newly discovered compromised main structural beam has expanded the scope further, with the builder quoting an additional $50,000 to $100,000. Asbestos has also emerged as a potential complication; a small garage demolition on the same project required $17,000 in asbestos abatement alone. Berger said the property owner has paid all costs to date but asked for a two-person board committee to provide closer oversight. The board discussed but took no formal action.

Information Only

The board approved letters of support for the Boys & Girls Club of Chaffee County in connection with congressional earmark funding, and noted the nomination of Stacey Toevs to the Northern Chaffee County Library District Board of Trustees.

Trustee-Staff Interaction

Mayor Fay announced the June 10 “We Are Chaffee” outdoor art event and Colorado Preservation Inc.’s “On the Road” conference June 13-14 in Buena Vista, expected to draw 75 to 150 preservation professionals statewide. Trustee Micha Rosenoer acknowledged Pride Month, noting membership in the LGBTQ community and thanking the BV Pride Coalition for its weekend events. Trustee Rowe reminded those present that Chaffee County reimposed Stage 1 fire restrictions covering the town. Morgan reported that BVPD received a CDOT high-visibility enforcement grant exceeding $7,000 for DUI overtime and noted officers will be active during the Collegiate Peaks Stampede Rodeo weekend. Williams reported that a windstorm earlier in the day required a five-person crew roughly three hours to clear fallen trees across town. Town Clerk Ed Barkowski introduced a new deputy clerk.

Executive Session and Adjournment

The board voted unanimously to enter executive session under C.R.S. § 24-6-402(4)(b) to receive legal advice concerning Tammy Jackson v. Commander Shane Garcia et al., U.S. District Court Case No. 1:26-cv-01521-CYC. The session concluded at 9:45 p.m. with no objections to its conduct noted for the record. Following the session, Berger flagged that Trustee Sturm must recuse himself from a school district well project on the next agenda due to a conflict of interest — Sturm works for the agency through which the town is seeking funding. Trustee Rowe volunteered to replace him on the committee. The board adjourned unanimously.