Townof Colorado Board of Trustees SPECIAL MEETING PUBLIC HEARING Wednesday, March 27, 2024, 5:30 p.m.  edaredge  Call to Order & Pledge of Allegiance: Mayor Pro Tem Atkinson called the meeting to order at 5:30 p.m. Roll Call: Mayor Pro Tem Jim Atkinson, Trustees Tracy Gist, Greg Hart, Kathy Hirschboeck, and Mick Murray. Attorney Bo Nerlin appeared via Zoom. Let it also be shown for the record that Interim Town Administrator Mark Relph and Town Clerk Jess Shelton were in attendance. Not in attendance were. Mayor Attorney Comment: Attorney Nerlin spoke about the reason for the Special Meeting and Public Hearing.  and led the Pledge of Allegiance.  Richard Udd and Trustee Pippin  Public Hearing: 5:36p.m.  Open Public Hearing: Trustee Murray moved, and' Trustee Hirschboeck seconded opened the Public Hearing at Roll Call Vote: Trustees, Gist, Hart, Hirschboeck, Murray, Pippin; Mayor Pro Tem Atkinson all voted 'aye' no Staff Presentation: Attorney Nerlin presented the YouTube Video in increment sections with the mediator question and the candidate response from Commissioner Anderson. ittps/youtu.be/sedW1EZcWw  one voted 'nay'; motion passed, and the Public Hearing was opened.  Commissioner Anderson Rebuttal:  Commissioner Anderson stated that he was apologetic that the issue had come to the Board ofTrustees. Commissioner Anderson stated he was concerned about the language Ms. Dackonish used in her letter to  the Board ofTrustees about ex parte communications.  Commissioner Anderson stated he had a meeting with TA Relph about water. Commissioner Anderson stated he was in full campaign mode at the time.  Commissioner Anderson stated he went to Grand Mesa Water Users Association (GMWUA)to understand how the water is distributed. He stated he was told the water was pooled by GMWUA and Commissioner Anderson stated he had no ex parte communication because when he went to GMWUA he did not associate himself with the Town and did not discuss the Back 9 Development. He stated he went to Grand Mesa Water Users Association about water and ended up meeting with Mr. Walker about Commissioner Anderson stated that Mr. Walker said the water that the Town ofCedaredge had water Commissioner Anderson read page 20 oft the Master Plan revised about growth management.  distributed.  awater monitoring project Mr. Walker was working on.  rights to two shares ofwater and that it was called for by the cemetery.  Board of Trustees Special Meeting 03-27-2024  1    Commissioner Anderson stated he responded to the letter from Attorney Dackonish. Commissioner Anderson stated he was not aware that anything had been printed in the Delta County Independent. Commissioner Anderson read part oft the article and stated that disparaged" was not true and the claims questioned his honesty and integrity and that the article was damming. Commissioner Anderson read Title 16, page 2 16.01.020(a). Stating he was not aware ofal housing Commissioner Anderson stated he did not receive a packet about the development until March 20. Commissioner Anderson read page 11, the last paragraph of the Master Plan Revised. Commissioner Anderson stated there was 1,625-acre feet of water decreed for industrial and residential; with Mr. Walker's statement that the average household used one acre foot per year of water, Commissioner Anderson stated he was concerned about the available water. Commissioner Anderson stated the first amendment protected campaigning people from liability during Commissioner Anderson stated the whole issue was based on intimidation and stated the word "hack" Commissioner Anderson stated he read the land use code and did not disparage anything or name any  development when he discussed "hacking up" the vistas.  campaigning.  referred to many things, including golfing terms.  development specifically.  Questions from Governing Body to Staff or Commissioner Anderson  Trustee Hart stated that Commissioner Anderson mentioned the March 15 meeting and the training received on March 12, and then asked if Commissioner Anderson had been directed not to attend the meeting. Commissioner Anderson stated he was very specific that he would attend the meeting on March 15. Commissioner Anderson stated he gave full disclosure that he was currently seated on the Planning and Zoning Commission and running for the Cedaredge Board ofTrustees. Mr. Anderson stated the advisory given to him was to not say anything at the meeting on March 15. Trustee Hirschboeck asked about the email where Commissioner Anderson stated he was vocal and intense; and concerned about the current water resources for the Town of Cedaredge; and wanted to know what the discussion on water was about. Commissioner Anderson stated there was not discussion on water, other than Supreme Court cases. Commissioner Anderson stated he would be going to the Trustee Hirschboeck stated she was not sure that Commissioner Anderson understood that when there was an active application, he would need to stay away from the issue with a 20-foot pole. Trustee Hirschboeck stated she was not sure Commissioner Anderson understood that, based on his response. Commissioner Anderson stated that part of the qualifications for Planning and Zoning Commissioner stated reading and understanding Title 16 ofthe Cedaredge Town Code. Commissioner Anderson stated he understood the gravity of the situation. Trustee Hirschboeck stated the video showed overall negative implications about water. Trustee Hirschboeck stated there was nothing specifically stated ini the video but there were inuendoes and implications made by Commissioner Anderson. Mr. Anderson stated he Trustee Murray stated that he assumed the comment on the tape was made as a candidate for the Board ofTrustees and not al Planning and Zoning Commissioner. Mr. Anderson stated he gave full disclosure. Trustee Gist stated Commissioner Anderson was acting as a candidate and not a Planning and Zoning Trustee Hart asked about the vistas being lost ifthe Back 9 vistas hacked up and asked how many developments were in the Back 91 that Commissioner Anderson was aware of. Commissioner Anderson stated that he knew of Gambler's Ridge and the Back 9. Trustee Hart then asked what developments Commissioner Anderson knew oft that were occurring in the Town of Cedaredge. Commissioner Anderson stated he did not reference any specific development and that any type of equipment for any  meeting with Walker Water.  was reading from the Master Plan.  Commissioner.  development would flatten the vistas.  Board of Trustees Special Meeting 03-27-2024  2    Trustee Murray asked in the timeline of events, when was the development application deemed Mayor Pro Tem Atkinson asked about the timeline ofe events. Mayor Pro Tem stated Commissioner Anderson stated he did not know about the Back 9 project. Mayor Pro Tem stated the Back 9 project was known about for years. Mayor Pro Tem Atkinson stated it was hard to believe Commissioner Anderson didn't know about the application and why the concern for water at the same time. Mayor Pro Tem stated he did not know that Mr. Walker worked for the GMWUA and was not sure that Mr. Walker would be credible. Mayor Pro Tem Atkinson askedifCommissioner Anderson started worrying about water because of the Back 91 Development application. Commissioner Anderson stated he had seen issues with water for a while since he was receiving information from the Town about water Trustee Pippin stated he would find it hard to believe that Commissioner Anderson could be biased based off the comments made in the candidate forum. Commissioner Anderson stated it would bel his duty to be unbiased. Commissioner Anderson stated he was protected by is First Amendment rights  complete.  conservation, raising water rates, and using grey water.  while campaigning during the candidate forum.  Public Comment  Jeannie Pippin: 1310 SE Deer Creek Drive. Ms. Pippin stated Commissioner Anderson stated that zero ofthe tap fees go into the general fund. Attorney Nerlin stated the sewer and water were enterprise funds. Ms. Pippin stated in 2020 Commissioner Anderson was receiving letters to conserve water. Ms. Pippin stated there was a 3%i increase was a law in the Town, and that was what she thinks. 153158: 2323 Road in Hotchkiss. Stated Commissioner Anderson would hear the application and get to Shelly Dackonish: attorney with Dufford Waldeck on behalf of Back 9 Equity. Ms. Dackonish stated the applicant was to be given due and unbiased process. Ms. Dackonish stated Commissioner Anderson stated, hacking up the back 9" and the comment of Commissioner Anderson indicated he knew about the project. Ms. Dackonish stated Commissioner Anderson's comments in the Public Hearing tonight further indicated his bias. Ms. Dackonish stated she was not against Commissioner Anderson serving on  vote twice, once on Planning and Zoning and once as Trustee.  al Board.  Close Public Hearing: Trustee Murray moved, and Trustee Hart closed the public hearing at 8:14 p.m. Roll Call Vote: Trustees, Gist, Hart, Hirschboeck, Murray, Pippin; Mayor Pro Tem Atkinson all voted 'aye' no  one voted 'nay'; motion passed, and the Public Hearing was closed.  Board Deliberations  Trustee Hart stated Commissioner Anderson received incorrect information.  Trustee Gist stated she did not feel that Commissioner Anderson was intending to be malicious or cause Trustee Murray stated he understood that Commissioner Anderson was incorrectly directed to go to the GMWUA and was in campaign mode when he went into GMWUA on February 22nd. Trustee Murray stated the Board ofTrustees were: not even aware of the project yet on February 22. Trustee Hirschboeck: Stated the population was 2, 340 people and there are approximately 1,200 taps currently in use. Trustee Hirschboeck stated it was innuendos and implying that there was not enough Trustee Hart stated the comment "hacking up the back 9 for development" was directed toward the Trustee Pippin stated he agreed with Trustee Hirschboeck and Trustee Hart, and stated Commissioner  defamation.  water, even though things were not spoken; that concerned her.  Back 9 development. Anderson was biased.  Board of Trustees Special Meeting 03-27-2024  3    Mayor Pro Tem Atkinson stated this was what went on in the Town regarding rumors. Mayor Pro Tem Atkinson credited Commissioner Anderson for trying to find out the answers to his questions but stated  Commissioner Anderson did not go about it the correct way. Further discussions were held on the possible Board conclusions.  Decision on outcome ofl Public Hearing  Trustee Murray moved and' Trustee Gist seconded for a finding of no inappropriate conduct.  Roll Call Vote: Trustees, Gist, and Trustee Murray voted; 'aye' Trustees Hart, Hirschboeck, Pippin; and Mayor Trustee Murray moved and Trustee Hart seconded to find inappropriate conduct and censorship ofl Mr. Roll Call Vote: Trustees Hart, Hirschboeck, Pippin, and Mayor Pro Tem Atkinson voted; 'aye' Trustee Gist Trustee Murray moved and Hart seconded to direct Interim Town Administrator Mark Relph to generate and execute al letter to Commissioner Anderson for censorship regarding the Back 9 Development. Roll Call Vote: Trustees, Gist, Hart, Hirschboeck, Murray, Pippin; Mayor Pro Tem Atkinson all voted 'aye' no one voted 'nay'; motion passed, and TA Relph was directed to send al letter to Commissioner. Anderson.  Pro Tem Atkinson all voted 'voted 'nay'; motion failed,  Anderson.  voted 'nay'; and Trustee Murray abstained from voting; motion passed.  Mayor Pro Tem Atkinson adjourned the meeting at 8:34 p.m.  Jess E. Shelton Town Clerk  pe  Board of Trustees Special Meeting 03-27-2024  4