MINUTES CARBONDALE BOARD OF TRUSTEES REGULAR MEETING CARBONDALE TOWN HALL AND VIA ZOOM JANUARY 11, 2022 MEETING  Mayor Richardson called the Board of Trustees Regular Meeting to order January 11,  2022, at 6:00 p.m.  STUDENT OF THE MONTH  The following students from Crystal River Elementary School and Carbondale Middle School were presented a Certificate of Achievement Award from Mayor Richardson:  Sammy Gonzalez Rea Jayden Gomez  Olivia Rullet Nataly Ruiz-Magana  ROLL CALL:  The following members were present for roll call:  Mayor Trustees  Dan Richardson Ben Bohmfalk Marty Silverstein Lani Kitching Heather Henry Luis Yllanes Erica Sparhawk Boden Hamilton  Student Trustee Staff Present: Interim Town Manager Town Clerk Finance Director Parks & Recreation Director  Kevin Schorzman Cathy Derby Renae Gustine Eric Brendlinger CONSENT AGENDA  Accounts Payable totaling $ 559,099.38 BOT 12/14/2021 Regular Meeting Minutes BOT 12/21/2021 Work Session Minutes BOT 12/28/2021 Regular Meeting Minutes Resolution No. 1, Series of 2022 - Establishing a Public  Place for Posting Notices    Trustee Meeting Minutes January 11, 2022  Page 2  Resolution No. 2, Series of 2022 - Authorizing the Town Clerk to Appoint Recommendation for Appointment and Reappointment - Environmental Board  Election Judges  Liquor License Renewal - Village Smithy Liquor License Renewal = The Goat Liquor License Renewal - 450 Teppanyaki Liquor License Renewal Rhumba Girl Liquors Liquor License Renewal - American Legion  Mayor Richardson asked that the Recommendation for Reappointment to the Environmental Board be pulled from the Consent Agenda for discussion.  Trustee Bohmfalk stated that he is glad that the trash overage charges continue to go Trustee Silverstein made a motion to approve the Consent Agenda with the exception of 7y yes votes: Bohmfalk, Silverstein, Kitching, Richardson, Henry, Sparhawk, Yllanes Recommendation for Reappointment to the Environmental Board (EBoard)  down.  Item g. Trustee Yllanes seconded the motion and it passed with:  Mayor Ricardson explained that he is questioning whether he and the Board want to re-  appoint Patrick Hunter to the Eboard.  Mayor Richardson opened the discussion to public comment.  Fred Malo stated that Patrick encouraged him to apply to the EBoard. Fred can't Scott Mills, EBoard member, stated that he and Patrick joined the EBoard seven years ago. Pat's activism has had a major positive impact on the community. He supports re- Colin Quinn, EBoard Chair, stated that the EBoard voted unanimously to re-appoint Frosty Merriott, EBoard member, stated that he supports Patrick's re-appointment. He's passionate about climate change and passion is a good thing. In Frosty's previous experience as a Trustee, he never saw the Trustees overturn an Advisory Board Mayor Richardson stated that he struggles with the idea of re-appointing Patrick. He agrees with everything that has been said about Patrick, and he believes he has been an asset. However, his behavior has crossed the line and his behavior questions if he  imagine the EBoard without him.  appointing Patrick to the EBoard.  Patrick to the Board. He appreciates Patrick's passion.  recommendation for re-appointment.  and the Board have a working relationship.    Trustee Meeting Minutes January 11, 2022  Page 3  Trustee Henry stated that she appreciates Colin's comments and Patrick's responses to her questions. She explained that as a member of the Board of Trustees you have to pursue a lot of efforts. Itis extremely demoralizing to be told you are not doing enough. Threatening to sue the Town is not appropriate even ifit's a call to action. We are all Trustee Bohmfalk made a motion to appoint Fred Malo and re-appoint Patrick Hunter to the Environmental Board. Trustee Henry seconded the motion and it passed with: 6 yes votes: Yllanes, Henry, Bohmfalk, Kitching, Sparhawk, Silverstein  trying to move forward.  11 no vote: Richardson  PERSONS PRESENT NOT ON THE AGENDA that time he has seen a lot of great change.  Scott Mills told the Board that he is leaving the Valley after living here for 50 years. In Jennifer Hall, Carbondale, stated that she doesn't want Carbondale to reinstate a mask Lyn Uhl, Carbondale, stated that the two huge utility boxes at the intersection of Hendrick Drive and Main Street create a safety hazard and she requested the Board address this item on a future agenda. The Board agreed not to put this item on a future Janet Corsey, Carbondale, asked the Board to conduct a baseline study of the number of cars and their speeds on Morrison Avenue prior to beginning the 8th Street  mandate.  agenda, but they asked staff to provide an update on the situation.  construction.  Jolanda Mendez, Carbondale, stated that masks are not effective to prevent COVID and during the last mandate they caused a lot of anger and tension. People should have the Mayor Richardson responded that the Board does not plan to reinstitute the mask  freedom to decide if they want to wear a mask.  mandate.  TRUSTEE COMMENTS  Trustee Silverstein stated that he has received several emails and phone calls encouraging him and the Board to reinstate the mask mandate. He stated he is not in favor of it because it cannot be enforced. He encouraged everyone to get vaccinated. Trustee Silverstein stated that First Friday was a very nice event. Trustee Silverstein stated that City Market's shelves are empty, and they lack employees. He encouraged everyone to shop locally. Trustee Silverstein stated that all advisory boards need to have good communication with the Trustees, and they need to be civil. Trustee Henry informed the Board that the Affordable Housing Coalition met at the end of 2021 and formed a Steering Committee. An up valley government received a    Trustee Meeting Minutes January 11, 2022  Page 4  housing planning grant and the Aspen Institute is organizing a housing summit - Boden Hamilton stated that a mask mandate is unenforceable and masks are not Trustee Kitching stated that she will be seated on the Wildlife Council tomorrow. Trustee Sparhawk acknowledged the Marshall Fire in Boulder County. Over 900 homes were destroyed. She stated that Boulder County is one of Colorado Communities for Climate Change's biggest members. The disaster makes you ask what are we  momentum is growing.  effective in preventing COVID.  prepared for?  Mayor Richardson stated that Town Manager Lauren Gister begins her job on Monday. The Mayor is trying to figure out the best way to introduce her to the community. Mayor Richardson attended a Zoom meeting with Maria Alvarez and members of the Latinx community. He thanked everyone who participated. He asked the Board do we want to find another translator for the Trustee meetings? Mayor Richardson told the Board there is one more Trustee opening for the Manaus Equity Project training.  ATTORNEY'S COMMENTS  The Attorney did not have any comments.  RESOLUTION NO. 3, SERIES OF 2022- TABOR QUESTION ON FINANCING THE Financial Advisors Mattie Prodanovic and Jason Simmons of Hilltop Securities, along with Attorneys Kim Crawford and Dalton Kelly of Butler Snow, were present for the Eric explained that at the December 14, 2021, meeting the Board directed staff to prepare bond ballot language to finance the aquatic facility for review at the January 11, Mattie presented the ballot language to the Board and explained that the wording provides a great deal of flexibility as it includes all three proposed debt service options. The measure also clarifies that there will not be any tax rate increases, or any new  AQUATICS FACILITY  meeting.  2022, meeting.  taxes.  Discussion ensued.  Trustee Bohmfalk stated that people are going to question where the money is coming from and whether it should be used for something else (affordable housing, climate action). Yet the Board knows that the money is coming from the recreation sales and use tax and cannot be used for anything other than recreational purposes. He noted we don't want a pool that becomes a drain on our limited resources. Itisi important that    Trustee Meeting Minutes January 11, 2022  Page 5  the Board makes it clear that this is the top priority for the recreation fund. Trustee Bohmfalk asked what happens ift the bond measure fails? Eric stated that the pool is Trustee Henry asked if staff and the Parks and Recreation Commission are looking for Trustee Bohmfalk suggested that the additional clarifying language "to replace the existing facility" be added to the end of the ballot question; the Board agreed. Trustee Yllanes made a motion to approve Resolution No. 3, Series of 2022 with the amendment noted above. Trustee Sparhawk seconded the motion and it passed with: 7y yes votes: Sparhawk, Bohmfalk, Kitching, Richardson, Henry, Silverstein, Yllanes LETTER OF CREDIT REDUCTION #2 - MAIN STREET MARKETPLACE Kevin explained that Main Street Marketplace has requested a second Letter of Credit reduction for public improvements. The majority of the public improvements secured by the Letter of Credit have been completed with the exception of landscaping along Main Street, some of the soft trail work required by the DIA, and some of the smaller water Staff has reviewed the request, as well as the work completed to date, and agrees with the request to reduce the Letter of Credit by $146,286.62. Staff believes that the completion of all incomplete public improvements will remain adequately secured by the remaining security if the Board approves the requested reduction. Trustee Bohmfalk made a motion to approve the partial release of $146,286.62 of the Letter of Credit for the public improvements related to the Main Street Marketplace project. Trustee Kitching seconded the motion and it passed with: 7 yes votes: Bohmfalk, Kitching, Richardson, Henry, Silverstein, Yllanes, Sparhawk SECURITY REDUCTION - CARBONDALE CENTER PLACE LOT1 Kevin explained that the total security to ensure proper demolition of the Sopris Shopping Center and completion of public improvements associated with Carbondale Center Lot #1 was valued at $445,218.98. The developer posted a cash security for the Staff received a request to reduce the security to $134,707.65 for the public improvements related to Lot 1 of the Carbondale Center Place project. Staff has been involved in observing the work completed to date and has reviewed all test results.  approximately 45 years old and will soon become inoperable. other revenue sources (grants, fundraising)? Eric answered yes.  service lines.  project.  Therefore, staff agrees with the request to reduce the security.    Trustee Meeting Minutes January 11, 2022  Page 6  Trustee Silverstein made a motion to approve the partial release of $310,511.30 of the security fori the public improvements related to Lot #1 of the Carbondale Center Place 7y yes votes: Kitching, Bohmfalk, Henry, Silverstein, Sparhawk, Yllanes, Richardson SECURITY REDUCTION - CARBONDALE CENTER PLACE LOT2  project. Trustee Bohmfalk seconded the motion and it passed with:  Kevin stated that the total security to ensure proper demolition of the Sopris Center and completion of public improvements associated with Carbondale Center Lot #2 was valued at $267,014. The developer posted a cash security for the project. The demolition and the Colorado Avenue Sewer project were completed satisfactorily. Therefore, staff agrees with the request to reduce the security to $75,320.85 Trustee Kitching made a motion to approve the partial release of $191,693.15 of the security for the public improvements related to Lot #2 of the Carbondale Center Place 7y yes votes: Yllanes, Richardson, Silverstein, Sparhawk, Henry, Bohmfalk, Kitching  project. Trustee Bohmfalk seconded the motion and it passed with:  8TH STREET UPDATE  Trustee Henry, who lives on 8th Street, recused herself and left the meeting. Kevin gave an update on the construction plans and cost for the 8th Street improvement project. When the initial improvement concepts were being discussed in April of 2021, the different options were estimated to cost between $500,000 and $685,000. Following the September, 2021, meeting, the project was refined based on feedback from the Board. A preliminary project cost estimate was created, and the total project cost is currently estimated to be $931,000. The 2022 Capital budget includes $500,000 Since the current estimated cost of the project is almost double the 2022 budget, staff and the consultants have been working on potential phasing sO the project could be completed in two different phases. The advantage of phasing the project is it spreads  for the project and $55,000 for storm water improvements.  the cost over two years.  The Board was comfortable moving ahead with the phasing plan.  GARFIELD COUNTY EMERGENCY COMMUNICATIONS AUTHORITY (GCECA) Kevin stated that the Town has been a member of GCECA for several years. The Town of Carbondale has been selected to have an elected official on the GCECA Board of  BOARD OF DIRECTORS APPOINTMENT  Directors for 2022.  Trustee Silverstein volunteered to sit on the GCECA Board.    Trustee Meeting Minutes January 11, 2022  Page 7  Trustee Sparhawk made a motion to appoint Trustee Silverstein to the Garfield County Emergency Communications Authority Board of Directors. Trustee Kitching seconded 7. yes votes: Henry, Silverstein, Yllanes, Sparhawk, Bohmfalk, Kitching, Richardson SPECIAL EVENTS TASK FORCE 2022 RECOMMENDATIONS FOR SPECIAL Trustee Yllanes, who works for 5 Point Film Festival (a special event organization), Eric told the Board that the Special Events Task Force met to discuss the 2022 special events and street closures. Due to COVID-19, all events depend on the public health orders at the time of the event and are subject to change. The list of special events and The Trustees thanked Eric and the Special Event Task Force for their work. Trustee Bohmfalk made a motion to approve the 2022 special events and street closures as recommended by the Special Events Task Force if they align with the public health orders at the time of the event. Trustee Silverstein seconded the motion and it 7yes votes: Sparhawk, Henry, Yllanes, Richardson, Kitching, Silverstein, Bohmfalk  the motion and it passed with:  EVENTS AND STREET CLOSURES recused himself and left the meeting.  street closures was provided in the Trustee Packet.  passed with:  ADJOURNMENT  The January 11, 2022, regular meeting adjourned at 8:30 p.m. The next regular meeting  has been scheduled on January 25, 2022, at6:00 p.m.  APPROVED AND ACCEPTED  ATTEST  BD Cathy Derby, TownClerk    a  SEAL) COLORI