MINUTES REGULAR MEETING APRIL 11, 2017 STUDENT OF THE MONTH CARBONDALE BOARD OF TRUSTEES Students from Carbondale Middle School and Ross Montessori School were in attendance to receive the "Student of the Month" award. The following students were awarded a Certificate of Achievement from Mayor Dan Richardson: Zack Bollock Talon Carballeira Sophia Rojo Liliana Santos Candela CALL TO ORDER: Mayor Dan Richardson called the Board of Trustees Regular Meeting to order on April 11,2016 at 6:10 p.m. in the Town Hall meeting room. ROLL CALL: The following members were present for roll call: Mayor Trustee Dan Richardson Heather Henry Ben Bohmfalk Marty Silverstein Erica Sparhawk Frosty Merriott Katrina Byars Absent Trustee Staff Present: Town Manager Town Clerk Town Attorney Finance Director Jay Harrington Cathy Derby Mark Hamilton Renae Gustine CONSENT AGENDA Accounts Payable totaling $282,885.02 BOT 3/14/17 Regular Meeting Minutes BOT 3/21/17Work Session Minutes BOT 3/28/17 Regular Meeting Minutes Trustee Meeting Minutes April 11, 2017 Page 2 Award of Crystal Well Bid & Contract Re: Grant Management Architectural Contract - Thompson House Liquor License Renewal - Beijin Tokyo Memorandum of Understanding = Town and Mt. Sopris Historical Society Liquor License Renewal - River Valley Ranch Master Association Resolution No. 4, Series of 2017 - Adoption of 2017 Salary Survey Environmental Board - Recommendation for Appointment CONSENT AGENDA Trustee Silverstein made a motion to approve the Consent Agenda. Trustee Henry 6J yes votes: Bohmfalk, Silverstein, Sparhawk, Richardson, Henry, Merriott seconded the motion and it passed with: PERSONS PRESENT NOT ON THE AGENDA Richard Votero, Buckingham Drive, told the Board that he believes the property near the substation is a good location for a storage facility. He also read a letter from Allyn Harvey supporting the location for a storage facility. Richard also stated that he is pleased that the Town does not add Fluoride to its water. TRUSTEE COMMENTS Trustee Merriott reiterated that hei is open to allowing a developer to build a storage facility by the substation since it is not a good place for housing. He said thei trees in Trustee Merriott also stated that he would like to write an article for the June newspaper on either killing of predators to help the deer population or the proposed Environmental Trustee Bohmfalk stated that he attended the BikelPedestian/Trais (BPT) meeting, during which the Park and Recreation Commission gave a presentation. Trustee Bohmfalk announced that Bike Week is scheduled for May 19-25. Trustee Bohmfalk encouraged the BPT to attend next week's work session where mobility will be front of the substation are not thriving. Charter. discussed. Mayor Richardson informed the Board that he attended the CORE retreat. They agreed Mayor Richardson stated that he attended the Common Ground event hosted by the Post Independent. He also attended a meeting hosted by gubernatorial candidate Mike that CORE needs to dedicate a portion of its efforts to clean energy. Johnson. Trustee Meeting Minutes April 11,2017 Page 3 Mayor Richardson thanked the businesses who supported the fundraiser for a citizen who needs a kidney. ATTORNEY'S REPORT The attorney did not have a report. SPECIAL COUNSEL COMMENTS - THOMPSON DIVIDE Mike Chiropolos, Special Counsel for Thompson Divide, explained to the Board that SG Interests filed a complaint in federal district court challenging the BLM's decision to cancel 18 of SG's unlawfully issued leases in the Thompson Divide. Mike asked the Board to: 1) decide whether to approve joining other coalition parties intervening in the litigation (Pitkin County, Wilderness Workshop, the Thompson Creek Cattlemen's Association and Trout Unlimited); and 2) if the Town approves intervention, designate at least one representative to submit a "Standing Declaration". Staff recommend moving forward on #1, and schedule an Executive Session on #2. Mayor Richardson stated that he spoke with Trustee Byars and she asked that the Trustee Sparhawk made a motion to approve joining other coalition parties intervening int the litigation (Pitkin County, Wildemess Workshop, the Thompson Creek Cattlemen's Association and Trout Unlimited). Trustee Silverstein seconded the motion and it 6 yes votes: Henry, Bohmfalk, Merriott, Richardson, Sparhawk, Silverstein SPECIAL EVENT LIQUOR LICENSE - CARE SPRING INTO FUN BLOCK PARTY CARE has applied for a Special Event Liquor License for an event to be held at the Fourth Street Plaza. All fees have been paid, and the Police Department has reported Trustee Silverstein made a motion to approve CARE's Special Event Liquor License Application. Trustee Sparhawk seconded the motion and it passed with: 6 yes votes: Sparhawk, Richardson, Silverstein, Merriott, Bohmfalk, Henry Source Water Protection Plan be mentioned in a Declaration. passed with: no problems with the applicant or the premises. Trustee Meeting Minutes April 11, 2017 Page 4 SPECIAL EVENT LIQUOR LICENSE - FESTIVAL LAS AMERICAS Festival las Americas has applied for a Special Event Liquor License for their annual fundraiser to be held at Sopris Park. All fees have been paid and the Police Department has reported no problems with the applicant or the premises. Trustee Bohmfalk made a motion to approve Festival las Americas' Special Event Liquor License Application. Trustee Sparhawk seconded the motion and it passed with: 6 yes votes: Richardson, Silverstein, Sparhawk, Henry, Merriott, Bohmfalk SPECIAL EVENT LIQUOR LICENSE -KDNK - DANDELION DAY KDNK has applied for a Special Event Liquor License for Dandelion Day to be held at Sopris Park. All fees have been paid and the Police Department has reported no Trustee Silverstein made a motion to approve KDNK's Special Event Liquor License Application. Trustee Bohmfalk seconded the motion and it passed with: 6 yes votes, Silverstein, Sparhawk, Henry, Merriott, Bohmfalk, Richardson MODIFICATION OF PREMISESREVOCABLE LICENSE AGREEMENT - PHATTHAI Staff explained that the restaurants on Main Street and Fourth Street that erect a deck for outdoor dining in the summer must annually apply for a modification of premises, and must sign a Revocable License Agreement. No complaints have been received pertaining to Phat Thai's outdoor dining and staff recommends approval. Trustee Sparhawk made a motion to approve the Modification of Premises Application for Phat Thai and to authorize the Town Manager to sign the Revocable License Agreement. Trustee Silverstein seconded the motion and it passed with: 6 yes votes: Sparhawk, Bohmfalk, Merriott, Richardson, Henry, Silverstein MODIFICATION OF PREMISES/REVOCABLE LICENSE AGREEMENT- SENIOR Staff informed the Board that no complaints have been received pertaining to Senior problems with the applicant or the premises. TACO SHOW Taco Show's outdoor dining and staff recommends approval. Trustee Meeting Minutes April 11,2017 Page 5 Trustee Sparhawk made a motion to approve the Modification of Premises Application for Senior Taco Show and to authorize the Town Manager to sign the Revocable License Agreement. Trustee Henry seconded the motion and it passed with: 6y yes votes: Sparhawk, Bohmfalk, Merriott, Richardson, Henry, Silverstein PUBLIC HEARING - RETAIL MARIJUANA STORE - TRANSFER OF OWNERSHIP Applicant: Daniel Griffin Location: 259 Main Street Staff explained that Tumbleweed Carbondale has applied for a transfer of ownership from S.P. Carbondale located at 259 Main Street. All fees have been paid. Staff noted that S.P. Carbondale has been non-operational for over two (2) years. Staff noted that the applicant(s) own several stores and they are familiar with the difficulties of operating Staff asked Tumbleweed's representative Mark Smith what he thought of the Town's application process and our marijuana laws. Mark responded that he wished we would do away with the 10% local agent requirement. In the event there is a problem and the owner. is not responsive the Board could then require that a local agent be appointed. Mayor Richardson opened the public hearing. There was no one present who wished to Trustee Silverstein made a motion to approve Tumbleweed Carbondale LLC's Retail Marijuana Store Transfer of Ownership Application. Trustee Henry seconded the 6 yes votes: Bohmfalk, Merriott, Richardson, Henry, Silverstein, Sparhawk PUBLIC HEARING- RETAIL MARIJUANA STORE - TRANSFER OF LOCATION ar marijuana store. Staff recommends approval of the transfer. address the Board sO Mayor Richardson closed the public hearing. motion and it passed with: Applicant: Daniel Griffin Location: 304 Highway 133 Staff explained that Tumbleweed Carbondale has applied for a transfer of location for their store currently located at 259 Main Street. They have applied to move it to 304 Mayor Richardson opened the public hearing. There was no one present who wished to Trustee Bohmfalk stated that he is glad the store is moving off of Main Street. He also said that he doesn't like chain stores and he thought the local agent requirement would Highway 133. All fees have been paid. address the Board so Mayor Richardson closed the public hearing. prevent chains from occurring in Town. Trustee Meeting Minutes April 11, 2017 Page 6 Trustee Merriott made a motion to approve Tumbleweed Carbondale LLC's Retail Marijuana Store Transfer of Location Application. Trustee Sparhawk seconded the 6 yes votes: Merriott, Richardson, Henry, Silverstein, Sparhawk, Bohmfalk motion and it passed with: ADJOURNMENT The April 11, 2017, regular meeting adjourned at 7:00 p.m. The Board then went into a Good Governance training that ended at 8:45 p.m. The next regularly scheduled meeting will be held on April 25, 2017, at 6:00 p.m. APPROVED AND ACCEPTED Dan Richardson, Mayor p ATTEST: Cathy Derby, Town Clerk BD OF : SEAL - GGNADO