MINUTES CARBONDALE BOARD OF TRUSTEES REGULAR MEETING CARBONDALE TOWN HALL AND VIA ZOOM DECEMBER 14, 2021 MEETING Mayor Richardson called the Board of Trustees Regular Meeting to order on December 14, 2021, at 6:00 p.m. STUDENT OF THE MONTH The following students from Crystal River Elementary School were presented a Certificate of Achievement Award from Mayor Richardson: Jayden Gomez 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 Arrived After Roll Call Absent Student Trustee Staff Present: Interim Town Manager Town Clerk Finance Director Parks & Recreation Director Police Chief Kevin Schorzman Cathy Derby Renae Gustine Eric Brendlinger Kirk' Wilson CONSENT AGENDA Accounts Payable totaling $ 401,226.95 BOT 11-16-2021 Special Meeting Minutes BOT 11/19-2021 Special Meeting Minutes BOT 11/23/2021 Regular Meeting Minutes Trustee Meeting Minutes December 14, 2021 Page 2 Liquor License Renewal - Cripple Creek Backcounty Liquor License Renewal - Ming's Trustee Kitching made a motion to approve the Consent Agenda. Trustee Silverstein seconded the motion and it passed with: 5 yes votes: Bohmfalk, Silverstein, Kitching, Richardson, Henry PERSONS PRESENT NOT ON THE AGENDA Richard Votero, Carbondale, inquired about the status of community policing. Mayor Richardson answered that the Board will be discussing this item tonight. TRUSTEE COMMENTS Trustee Silverstein encouraged everyone to shop locally. Trustee Silverstein stated that in the past he has been critical of RFTA. However, his thoughts about RFTA have become more positive. Thanks to Mayor Richardson and Trustee Bohmfalk's efforts, RFTA has installed a bus stop by City Market. Also, RFTA has become more accessible to our youth by charging them a lower fare. RFTA has also reduced the adult fees from Carbondale and Glenwood Springs to Aspen. Trustee Yllanes arrived at the meeting. Trustee Bohmfalk told the Board that he attended the BkePedestran/rais Commission meeting, but they didn't have a quorum. He stated that the Commission needs more members and he encouraged people to apply. Trustee Bohmfalk asked the Board if we are going to decide who will be the the attendees for the Equity Action Project. Mayor Richardson answered that the Board will decide outside of the Board Trustee Kitching stated that she attended the Colorado Rural Water Conservation District meeting. The 1922 guidelines expire in 2026. Trustee Kitching attended the Coventure Board Meeting - a fourth Colorado business has received financial backing and the Back to Work program is progressing. Trustee Kitching also attended the Garfield County Latino Community Committee Meeting. She told the Board that she was appointed to the Colorado Wildlife Council as the state-wide municipality Trustee Yllanes attended the Parks and Recreation Commission meeting. They discussed the large grant that Roaring Fork Outdoor Volunteers received. Will Tempest gave a presentation on the Recreation Center's leagues, and they discussed the Mayor Richardson thanked parks and recreation, public works and police department staff for their work on First Friday - it was well attended. Mayor Richardson told the Board that he attended the RFTA Board meeting. They approved the 2022 budget, they meeting. representative. maintenance agreement for Carbondale Lofts Park. Trustee Meeting Minutes December 14, 2021 Page 3 discussed the LOVA Trail, and they had a presentation on RFTA's history. They will receive an update on the Bike Share program in January. RFTA has dedicated $3 million to a new grant program for first and last mile solutions. The grant money is in addition to the money that has already been dedicated to WeCycle. Mayor Richardson Student Trustee Boden Hamilton stated that it is finals week and he has committed to requested that RFTA place all of this money under one umbrella. college. ATTORNEY'S COMMENTS Mark Hamilton stated that he attended a meeting with the Attorney General (AG). The AG is pushing to hire more water lawyers. Mark noted that the AG has hired Tarn Udall. EMPLOYEE APPRECIATION service to the Town. Applicant: David Eisenson Location: 1201 Main Street Fred Sirotek (25 years) and Janet Buck (20 years) were honored for their years of PUBLIC HEARING - NEW LIQUOR LICENSE - PLOSKY'S Plosky's owners David Eisenson and Mark Hardin were present at the meeting. Cathy stated that Plosky's has applied for a new liquor license. The application was Mayor Richardson opened the public comment portion of the public hearing. There was no one present who wished to address the Board sO Mayor Richardson closed the Trustee Kitching made a motion to approve Plosky's new liquor license application. 6 yes votes: Yllanes, Richardson, Silverstein, Henry, Bohmfalk, Kitching deemed complete and all fees have been paid. public hearing. Trustee Silverstein seconded the motion and it passed with: PUBLIC HEARING - ADOPTION OF 2022 BUDGET Renae listed the highlights of the 2022 Budge including: 3-5% employee wage increase Two new positions Family Youth Advisory Council funding Hope Center funding Thompson House grant Transfer of funds to Housing and Capital Funds Purchase of Public Works Land Trustee Meeting Minutes December 14, 2021 Page 4 Investment in Cyber Security Nettle Creek Hydro Crystal River Restoration Discussion ensued. Trustee Bohmfalk stated that the reserves are down to 65% when they are normally 75%. He asked the Board do we want to build reserves back up or keep them at 65%? Kevin noted that if we didn't purchase the public works lot the reserves would be close to8 85%. Trustee Silverstein stated that we have been very prudent with the reserves -it enables us to take advantage of opportunities. We are very responsible with the Town's Trustee Bohmfalk stated the Tobacco Tax shows $300,000 being allocated to the Family Youth Advisory Council and he thought the Memorandum of Understanding was for $250,000. Renae responded that we have not committed $300,000, however, money may be allocated to the Hope Center if they don't get their grant. Mayor Richardson opened the public comment portion of the public hearing. money. Pat Hunter, Satank, stated that the Budget allocates $25,000 to the Climate Action Plan. He asked what is the money intended to be used for? Mayor Richardson answered the money will be spent on CLEER's consulting fees to manage projects. Pat asked if the Board considered increasing this sum to accomplish the Board's goals? Mayor No one else wished to address the Board sO Mayor Richardson closed the public Trustee Bohmfalk stated that the Environmental Board should bring proposed projects Trustee Bohmfalk made a motion to approve Resolution No. 10, Series of 2021. 6yes votes: Henry, Silverstein, Yllanes, Bohmfalk, Kiching, Richardson Richardson responded yes, the Board considered it. hearing. to the Board before the budget process begins. Trustee Kitching seconded the motion and it passed with: Trustee Bohmfalk made a motion to approve Ordinance No. Series of 2021. Trustee 6 yes votes: Silverstein, Yllanes, Bohmfalk, Kitching, Richardson, Henry Trustee Bohmfalk made a motion to approve Resolution No. 11, Series of 2021. 6 yes votes: Bohmfalk, Kitching, Richardson, Henry, Silverstein, Yllanes Kitching seconded the motion and it passed with: Trustee Kitching seconded the motion and it passed with: Trustee Meeting Minutes December 14, 2021 Page 5 Trustee Bohmfalk made a motion to approve Ordinance No. 10, Series of 2021. 6y yes votes: Kitching, Richardson, Henry, Silverstein, Yllanes, Bohmfalk Trustee Kitching seconded the motion and it passed with: SPECIAL EVENT LIQUOR EVENT LIQUOR LICENSE - KDNK - NEW YEAR'S EVE KDNK has applied for a Special Event Liquor License for a New Year's Eve party. All fees have been paid and the Police Department has reported no problems with the Trustee Silverstein made a motion to approve KDNK's Speçial Event Liquor License Application. Trustee Yllanes seconded the motion and it passed with: 6 yes votes: Henry, Silverstein, Yllanes, Bohmfalk, Kitching, Richardson PARTY applicant or the premises. CLEER UPDATE CLEER employees Katharine Rushton, Maisa Metcalf, and Zach Benevento-Zahner were present for the discussion. Katherine listed several of CLEER's 2021 accomplishments including: Provided support to complete the commercial code update for adoption in 2021 Engaged with Town communications consultant PR Studios to update messaging related to energy efficiency, transportation and renewal energy initiatives on the Engaged with Cushing Terrell throughout the Comprehensive Plan update Coordinated with the Carbondale Environmental Board on Climate Action Plan Town website process Working on the Net Zero Energy District Recommendations Created a Climate Action Plan (CAP) Workplan Discussion ensued. Mayor Richardson commented that CLEER's 2021 accomplishments are impressive! Trustee Bohmfalk stated that CLEER has made CAP measurable and there is a clear path to the goal. Trustee Bohmfalk supports CLEER's work plan and he likes the data provided. He would like CLEER to focus on eliminating natural gas usage. Pat Hunter stated he agrees with Trustee Bohmfalk. He supports CLEER and collecting data to analyze. He suggested CLEER focus on tackling building energy consumption. Katharine asked the Board fori ideas on CLEER's 2022 priorities. Trustee Meeting Minutes December 14, 2021 Page 6 Mayor Richardson stated he would like CLEER to continue with the Comprehensive Plan adoption, work with the building industry to get them ready for electrification, and Trustee Bohmfalk would like CLEER to prioritize the Climate Action Plan. assist with simplifying the Green Code. Katharine agreed that CLEER would make the Climate Action Plan a priority seeking input from the Environmental Board and they will finish the Comprehensive Plan Pat Hunter stated that Aspen, Seattle and NYC are benchmarking building energy consumption. He suggested Carbondale isolate larger buildings and make them report RESOLUTION NO. - 12, SERIES of 2021 - AMENDING MUNCIPAL CODE APPENDIX Kevin explained that the Appendix A fee amendments are strictly for the annual Trustee Silverstein made a motion to approve Resolution No. 12, Series of 2021. 6y yes votes: Silverstein, Richardson, Henry, Bohmfalk, Kitching, Yllanes CONTINUED AQUATICS FACILITY FINANCING DISCUSSION framework, and incorporate the language in the UDC. their yearly energy usage. AFEES increase of water and sewer rates. Trustee Yllanes seconded the motion and it passed with: Eric explained that it is estimated that a new aquatic facility will cost approximately $7- $8 million depending on the amenities and future construction costs. At the last aquatic discussion, the Board agreed that they didn'twant to raise taxes and if a ballot question were to be placed on the April, 2022 ballot, the question to the electors would be "to allow the Town to use all sales and use tax revenues and other revenues of the Town Eric reviewed potential project costs, existing operational costs, and future operating costs for a new facility. Eric is confident that the Town can build the new facility with financing from bond sales, along with other revenue generating efforts. After some discussion the Board directed staff to prepare ballot language for review at POLICE DEPARTMENT - OBAMA PILLARS PRIORITIES DISCUSSION At the last community policing discussion, the Board asked Chief Wilson to identify priorities to ensure the police follow best practices that align with our community beliefs. Kirk stated that the police department (PD) would like to create a Police Advisory Board. that do not have a restricted use." the January 11, 2022 meeting. Trustee Meeting Minutes December 14, 2021 Page 7 Trustee Bohmfalk asked Kirk to address the community's desire for more transparency when there is an incident with (police) questionable use of force, and the heightened Kirk explained that the PD is publishing more information. They purchased new focus on de-escalation. cameras and have created a policy on body cameras. Chief Wilson informed the Board that he and Seargeant Bill Kirkland reviewed the PD's use of force over the last five years. They watched camera footage, read reports, and identified that when questionable use of force was used it was on the cusp of a static and dynamic situation. They agreed that the department needed scenario-Dased training for the combination of static and dynamic situations. Bill and an instructor from the CMC Police Academy created a training program that addressed the cusp situation. The training is now being taught at the Academy, in-house, and elsewhere. Richard Votero stated that the PD should be exposing the gains made in community The Board agreed that the PD is moving in a positive direction - it is embracing change, not resisting it. The Board stated that the PD's community policing efforts should be made public after the Spanish Speaking Academy. It was suggested that Kirk should write articles in the Sopris Sun about the police department's accomplishments and policing. He appreciates the PD's slow down process. then hold a community meeting. ADJOURNMENT The December 14, 2021, regular meeting adjourned at 9:05 p.m. The next regular meeting has been scheduled on December 28, 2021, at 9:00 a.m. APPROVED AND ACCEPTED RLS ATTEST Dan Richardson, OF - SEAL BLORADO Town Clerk, Cathy Derps)