New Castle Town Council Regular Meeting Tuesday April 16, 2024, 7:00 PM  Call to Order  Mayor Art Riddile called the meeting to order at 7:00 p.m.  Pledge of Allegiance Roll Call Present  Councilor Carey Councilor Mariscal Mayor Pro Tem Hazelton (took over 8:30pm) Mayor A. Riddile (left at 8:30pm) Councilor Copeland Councilor Leland Councilor G Riddile None  Absent  Also present at the meeting were Town Administrator Dave Reynolds, Town Clerk Mindy Andis, Town Treasurer Viktoriya Ehlers, Assistant Town Attorney Haley Carmer, and  members of the public. Meeting Notice resolution TC 2024-1. Conflicts of Interest  Clerk Andis verified that her office gave notice of the meeting in accordance with  Councilor G. Riddile he would be recusing himself from item T&U. The discussion  regarding the sale of the 6th Street lot. Agenda Changes There were no agenda changes. There were no Citizen Comments. Consultant Reports  Citizen Comments on Items not on the Agenda  Consultant Attorney present for agenda items only.  Consultant Engineer - not present Items for Consideration Councilor Crystal Mariscal  Oaths of Office - Councilor Grady Hazelton, Councilor Graham Riddile and  Town Council Meeting Tuesday, April 16, 2024  1    Clerk Andis swore in the newly elected members of the council: Councilor Grady Hazelton,  Councilor Graham Riddile and Councilor Crystal Mariscal.  Roll Call Present  Councilor Carey Councilor Mariscal Councilor Hazelton Councilor Copeland Councilor Leland Councilor G Riddile None  Absent Conflicts of Interest  Councilor G. Riddile he would be recusing himself from item T&U. The discussion  regarding the sale of the 6th Street lot.  Agenda Changes Municipal Judge.  Town Attorney David McConaughy had suggested moving item O after the Oath of Office -  Oath Office - Municipal Judge Timothy Graves Consider Nominations for Mayor Pro Tem  Clerk Andis swore in the newly appointed Municipal Judge Timothy Graves.  Councilor G. Riddile nominated Councilor Hazelton as Mayor Pro Tem. Councilor Hazelton MOTION: Councilor G. Riddile made a motion to select Councilor Hazelton as Mayor Pro Tem. Councilor Mariscal seconded the motion and it passed  accepted the nomination.  unanimously  Consider Appointment of Town Prosecutor  Town Clerk Andis said since council had been appointed Mr. Timothy Graves as Municipal Judge who was the Municipal Prosecutor, the prosecutor position became vacant. The Assistant Municipal Prosecutor John Collins provided a letter of interest and a resume. Clerk Andis said Mr. John Collins had been the assistant prosecutor for a few years and has prosecuted a few cases in municipal court. Mr. John Collins introduced himself to the Councilor Leland asked how Mr. Collins handles juvenile cases. Mr. Collins said that he refers cases to YouthZone and he does a Deferred Prosecution meaning as long as the defendant complies with the conditions and recommendations of the court and YouthZone Clerk Andis said the service agreement for the prosecutor is on the Consent Agenda with a  council and explained his qualifications for being the town prosecutor.  the case would not be prosecution and case dismissed.  month rate of $600.00 per month.  Town Council Meeting Tuesday, April 16, 2024  2    MOTION: Councilor Leland made a motion to appoint John Collins as Town Municipal Prosecutor with compensation of $600.00 per month. Councilor Carey Consider a Letter of Interest from Derek Anglemyer for Reappointment to Seat Mr. Derek Anglemyer explained he was appointed to the commission and would like to Consider a Letter of Interest from Sharon Morris for Reappointment to Seat on Ms. Sharon Morris explained she was appointed to the commission and would like to MOTION: Councilor Leland made a motion to reappoint Derek Anglemyer and Sharon Morris to seats on the Climate and Environment Commission. Councilor G. Consider a Letter of Interest from Brian Westerlind for Reappointment to Seat on Consider a Letter of Interest from Beth Sass for Reappointment to Seat on Ms. Beth Sass explained she was appointed to the commission and would like to continue Consider a Letter of Interest from Alison Cotey for Reappointment to Seat on Ms. Alison Cotey explained she was appointed to the commission and would like to Consider a Letter of Interest from Jason Auslander for Appointment to Seat on Mr. Jason Auslander explained he would like to continue to serve on the commission. Consider a Letter of Interest from Tyler McAnelly for Appointment to Seat on Mr. Tyler McAnelly explained he would like to continue to serve on the commission. After a ballot vote council voted to appoint Brian Westerlind, Beth Sass and Alison Cotey. MOTION: Councilor Carey made a motion to reappoint Brian Westerlind, Beth Sass and Alison Cotey to seats on the Planning & Zoning Commission. Councilor Consider a Letter of Interest from Richard Fletcher for Reappointment to Seat on Consider a Letter of Interest from Mari Riddile for Reappointment to Seat on MOTION: Councilor Copeland made a motion to reappoint Richard Fletcher and Mari Riddile to seats on the Historic Preservation Commission. Councilor Mariscal Consider Setting Terms for Council Members on Planning & Zoning Commission, Historic Preservation Commission, Economic Advisory Committee, Climate and  seconded the motion and it passed unanimously. on Climate and Environment Commission continue to serve on the commission. Climate and Environment Commission continue to serve on the commission.  Riddle seconded the motion and it passed unanimously.  Planning & Zoning Commission Planning & Zoning Commission to S serve on the commission. Planning & Zoning Commission continue to serve on the commission. Planning & Zoning Commission Planning & Zoning Commission  Copeland seconded the motion and it passed unanimously.  Historic Preservation Commission Historic Preservation Commission  seconded the motion and it passed unanimously.  Town Council Meeting Tuesday, April 16, 2024  3    Environment Commission, Public Works, Public Safety, Personnel and Finance Committees. Also Seats on RFTA, GCE, AGNC, Senior Programs and EAB The council and staff discussed the terms for each committee or commission and agreed MOTION: Mayor A. Riddile made a motion to Setting Terms for Council Members on Planning & Zoning Commission, Historic Preservation commission, Economic Advisory Committee, Climate and Environment Commission, Public Works, Public Safety, Personnel and Finance Committees. Also Seats on RFTA, GCE, AGNC, Senior Programs and EAB. Councilor Hazelton seconded the motion and it passed  who would be the representative for each. (Exhibit A)  unanimously.  Recess the Town Council Meeting, Convene the Water and Sewer Enterprise  MOTION: Councilor G. Riddile made a motion to recess the Town Council Meeting and Convene the Water and Sewer Enterprise. Councilor Hazelton seconded the Executive Session (1) for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators under C.R.S. Section 24-6-402(4)(e) Motion: Councilor Leland made a Motion at 7:49p.m. to go into Executive Session for the purpose of determining positions relative to matters that may be subject tor negotiations, developing strategy for negotiations, and/or instructing negotiators under C.R.S. Section 24-6-402(4)(e) concerning Tap Fee Refund. Mayor Pro Tem Hazelton seconded the motion and it passed unanimously. At the end of the executive session, Mayor Pro Tem Hazelton made the following "The time is now 8:11p.m. and the executive session has been concluded. The participants in the executive sessions were: Councilor Mariscal, Councilor Carey, Councilors Copeland, Councilor G Riddile, Councilor Leland, Town Administrator Reynolds, Town Clerk Andis, Assistant Town Attorney Haley Town Attorney David McConaughy, Town Planner Paul Smith and Town Public Works Director John Wenzel. For the record, if any person who participated in the executive session believes that any substantial discussion of any matters not included in the motion to go into the executive session occurred during the executive session, or that any improper action occurred during the executive session in violation of the Open Meetings Law, I would ask that you state your  motion and it passed unanimously.  concerning Tap Fee Refund  Executive session concluded.  statement:  concerns for the record." No concerns were stated.  Town Council Meeting Tuesday, April 16, 2024  4    Consider Tap Fee Refund  MOTION: Councilor Hazelton made a motion to refund tap fee payment of $9600.00 plus 8 percent interest for a total of $12,093.24 to fer funded back to the property owners. Councilor G. Riddle seconded the motion and passed on a roll call vote: Councilor Mariscal: yes; Councilor Carey: yes; Councilor Hazelton: yes; Mayor Art Riddile: no; Councilor Copeland: yes; Councilor Leland: yes;  Councilor Graham Riddile: yes.  Recess the Water and Sewer Enterprise, Convene the Council Meeting  MOTION: Councilor G. Riddile made a motion to recess the Water and Sewer Enterprise and Convene the Town Council Meeting. Councilor Carey seconded the Motion: Councilor Leland made a Motion at 8:17p.m. to go into Executive Session for a conference with the Town Attorney for the purpose of receiving legal advice on specific legal questions under CRS Section 24-6-402(4)(b) regarding pending litigation against Castle Valley Ranch Investors. Councilor Copeland seconded Executive Session for a conference with the Town Attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. 24-6-402(4)(D) for the purpose of determining positions relative to matters that may be subject to Motion: Councilor Leland made a Motion at 8:17p.m. to go into Executive Session for a conference with the Town Attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. 24-6-402(4)(D) for the purpose of determining positions relative to matters that may be subject to negotiations concerning the 6th Street Lot. Councilor Copeland seconded the motion and it  motion and it passed unanimously.  the motion and it passed unanimously.  negotiations concerning the 6th Street Lot.  passed unanimously. Councilor G. Riddile left at 9:04 pm. Councilor G. Riddile returned at 9:08p.m Executive session concluded.  At the end of the executive session, Mayor Pro Tem Hazelton made the following "The time is now 9:08p.m. and the executive session has been concluded. The participants in the executive sessions were: Councilor Mariscal, Councilor Carey, Councilors Copeland, Councilor Leland, Town Administrator Reynolds, Town Clerk Andis and Assistant Town Attorney Haley. For the record, if any person who participated in the executive session believes that any substantial discussion of any matters not included in the motion to go into the executive session occurred during the executive session, or that any improper action occurred during the executive session in violation of the Open  statement:  Town Council Meeting Tuesday, April 16, 2024  5    Meetings Law, I would ask that you state your concerns for the record."  No concerns were stated.  Consider Purchase Agreement for the Sale of 600 W. Main Street (6th Street Lot). MOTION: Mayor Pro Tem Hazelton made a motion to approve the Purchase Agreement for the Sale of 600 W. Main Street (6th Street lot.) Councilor Leland seconded the motion, and it passed on a roll call vote: Councilor Copeland: yes; Councilor Mariscal: yes; Mayor Pro Tem Hazelton: yes; Councilor Carey: yes;  Councilor Leland: yes. Consent Agenda April 2, 2024 minutes  Consider Approving a Service Agreement for Town Prosecutor  MOTION: Councilor G. Riddile made a motion to approve the consent agenda. Councilor Carey seconded the motion and it passed unanimously.  Staff Reports  Town Administrator - Administrator Reynolds said the town had received the two Federal Mineral Lease District (FMLD) grants which the town had applied for. The Traditional grant was for $400,000 to go towards the round-about and the Spring Mini grant was for $25,000 of a $75,000 project to go towards the replacement of playground equipment at Kay Williams Park. Administrator Reynolds said he has been talking with Town Treasurer Ehlers regarding the proceeds from the lot sale of 600 W. Main Street. Administrator Reynolds said the Ice Cream Meet & Greet with the council is tentatively scheduled for July 12, 2024, from 3pm-5pm in Burning Mountain Park. Staff have been researching the law regarding the plastic bag fee and what the money could be used for. The money is intended to create programs that don't already exist and working with Climate and Environment Commission (CEC) would be helpful. Any new programs would need to go before town council for approval. Councilor Leland asked Administrator Reynolds to attend the CEC meeting in June to explain how the bag fees could be used. Administrator Reynolds said there have been meetings with the Wildfire Collaborative and he is on the steering committee. The meetings have been trying to figure out what the goals and aspirations for the Wildfire Collaborative are. Administrator Reynolds said the Colorado River Valley Economic Development Partnership has received a lot of interest for the economic development in the valley. Administrator Reynolds said the annual Garfield County Energy Symposium at New Hope Church starting Wednesday, April 17, 2024, through Friday, April 19, 2024. Administrator Reynolds said at the Hotel Colorado is the City and County Managers Association annual conference will be at the Hotel Colorado. Administrator Reynolds said that there will be an Arbor Day celebration at Bear Dance Park on Friday, April 26, 2024, at 10:30am. The parks department will be at the park planting a tree. Administrator Reynolds said the owners of Drifters, Joe & Kyla Hemelt have submitted all the necessary paperwork to pull a building permit. Normally all the fees would need to be paid upfront before a permit can be issued. Mr. & Ms. Hemelt are asking to pull the permit and pay the fees once they have come to council to ask for help with  Town Council Meeting Tuesday, April 16, 2024  6    the fees. Staff are fine with issuing the permit and allow Mr. and Ms. Hemelt to start work at their new location. Mr. Hemelt expressed concerns for the cost of remodeling the building and said that there have been some unexpected costs which have come up.  Anything the town could help with would be greatly appreciated. Town Clerk -Clerk Andis said she had nothing new to report.  Town Treasurer - not present Town Planner - not present Public Works Director = not present Commission Reports  Planning & Zoning Commission = Councilor Carey said there was CUP for Drifters Historic Preservation Commission - Councilor Copeland said the commission finalized the open house to learn about historic destinations and the benefits. The open house will Climate and Environment Commission = Commissioner Leland said Earth Day is Saturday, April 20, 2024, from 1lam-2pm at City Market Plaza. Water bottles will be distributed from the town, Lions Club will distribute wildflower seeds, Mountain Waste, Evergreen Zero Waste, New Castle Coffee Company, The Mountain Beekeepers, CLEER and GCE will all be at the event, and there will be an electric car on display.  regarding allowing for food trucks on the property. be Thursday, May 2, 2024, at 6:30pm.  Senior Program - has not met RFTA = no report AGNC - has not met GCE - has not met EAB - has not met Council Comments  Detox - Councilor Mariscal said the ribbon cutting was scheduled for May 23, 2024. Councilor Graham Riddile said he had an idea for the proceeds from the 6th street lot sale was to explore an employee housing program. Administrator Reynolds said he has been seeing such ideas to help employees and one way is to help with a down payment or security deposit assistance program. The town would offer a program for a low or zero interest loan to staff members who needs help. Councilor Graham Riddile said he would want the program to be Councilor Leland thanked Councilor Carey and family for representing the town at Spellabration. He also thanked Councilor Mariscal for helping. He asked about the traffic light at the four-way traffic stop at Highway 6 and Castle Valley Boulevard. Since the construction has started the light is gone. The light could be used at the intersection of 7th Street and Main Street or another Councilor Mariscal asked to continue the discussion regarding the survey about  offered to town employees only.  location. the rec center.  Town Council Meeting Tuesday, April 16, 2024  7    Councilor Carey said she had attended the Club 20 meeting. She asked if there are still issues regarding the leash law. She has seen signs on dog bag stations that might help as a reminder about the leash law. Administrator Reynolds said he has received a request to have more bag stations placed around town. The answer is if the town puts a station everywhere one has been requested then Mayor Pro Tem Hazelton said it was nice to have Mayor Art Riddile back for a short time tonight. He said it was good to have Administrator Reynolds at the meeting and it's a good reminder of how important a person's health is. He said there is a safety issue at the crosswalks along the 170 Overpass bridge. With the round-about being built, now is the time to discuss the safety issues. Administrator Reynolds said staff have been looking into who is responsible for the maintenance of the bridge. So far what he has found was the town had agreed to maintain the actual bridge structure but, the roadway, the pavement,  the open areas would be littered with stations.  the curbing, and the striping is the responsibility of CDOT.  Items for Future Council Agenda  Administrator Reynolds said Mr. & Ms. Hemelt are moving to the old Texaco building will be coming to council on May 7, 2024, to ask for help with town fees. Also, a Conditional Use Permit application (CUP) for Drifters to allow for food trucks to be on their property. The CUP will be coming before the council Councilor Carey said we should have a presentation from the Colorado River Conservation District to discuss the Shoshone water rights purchase. MOTION: Mayor Pro Tem Hazelton made a motion to adjourn. Councilor Carey seconded the motion and it passed unanimously.  on May 7, 2024.  The meeting adjourned at 9:47p.m. Respectfully submitted,  OF NEW GARFIELD SEAL COUNTY COLORADO  S m  4 Mayor Pro Tem Grady Hazelton  Mundylndis Town ClerkMindy yAndis, CMC  Town Council Meeting Tuesday, April 16, 2024  8    Exhibit  4.1624 to Public-Safety Meets as needed Mayor Pro Tem Hazelton Mayor A Riddile Councilor Copeland Councilor G Riddile Councilor Leland Councilor Mariscal Councilor Carey Associated Governments of Northwest Colorado Representative Meets 3rd Wednesday 9:00AM Various Locations Councilor Hazelton Councilor Mariscal(alternate)  CouncilMinutes  Finance Meets as needed Mayor A Riddile Councilor Copeland Councilor G Riddile Councilor Hazelton  Personnel Meets as needed Mayor Pro Tem Hazelton Mayor A Riddile Councilor Copeland Councilor G Riddile Councilor Leland Councilor Mariscal Councilor Carey Detox Center Representative TBD Councilor Mariscal  Public Works Meets as needed Mayor Pro Tem Hazelton Mayor A Riddile Councilor Copeland Councilor G Riddile Councilor Leland Councilor Mariscal Councilor Carey Board of Zoning Adjustment Meets as needed Mayor A. Riddile Councilor Leland Councilor. Mariscal Councilor Carey Councilor Copeland Councilor G. Riddile (alternate) Councilor Hazelton (alternate) Garfield County Weed Advisory Board Representative Meets 4-5 times/year @ Rifle Road & Bridge Facility Parks Manager Ryan Barkman Councilor G Riddile (alternate)  RFTA Board of Directors GarCo Senior Programs Meets 2nd Thursday 8:30AM Meets fourth Friday 9:00 AM  Representative Carbondale Mayor A Riddile Councilor Copeland (alternate)  Board Representative New Castle Town Clerk Mindy Andis Councilor copelandalternate)  Garfield Clean Energy Board Representative Meets 2nd Fridays 1:00PM in Glenwood Springs or Rifle in Rifle Councilor Leland Councilor Copeland(alternate) Dave Reynolds (alternate)  Garfield County Energy Advisory Board Representative Meets 1st Thursday 6:00 PM Mayor A Riddile Councilor G Riddile (alternate)  Meetings are at New Castle Town Hall unless otherwise noted    Planning & Zoning Commission Chuck Apostolik (Chair) April 2026  Meets 2nd and 4th Wednesdays 7:00 PM Council representative  Councilor Carey Mayor A. Riddile Councilor G. Riddile Mayor A. Riddile  May 2024 - Oct 2024 Nov 2024 - Apr 2025 May 2025 - Oct 2025 Nov 2025 - Apr 2026  Brian Westerlind Mark McDonald Julie Martinez Beth Sass Alison Bourquin  April 2028 April 2026 April 2026 April 2028 April 2028  Richard Parks (alternate) April 2026 Bronwyn Rittner (alternate) April 2026  Historic Preservation Commission Meets 3rd Monday 6:30PM  Mari Riddile Dick Fletcher Ruth Fletcher Vacant Richard Parks  April 2028 April 2028 April 2026 April 2026  Council representative Councilor Hazelton Councilor Hazelton Councilor Copeland Councilor Copeland  May 2024 - Oct2024 Nov 2024 - Apr 2025 May 2025 - Oct2025 Nov 2025 - Apr 2026  Tom Fuller (alternate) April 2025 Planning & Zoning Representative  Climate and Environment Commission  Meets 3rd Thursday 4:30 PM Tom Elder (Chair) April 2026 Sharon Morris Derek Anglemyer Vacant Myrna Candreia Tom Elder  Council representative Councilor Leland  April 2028 April 2028 April 2026 April 2026 April 2026  Parks/Open Committee Ryan Barkman Kelley Cox John Wenzel  Space/Trails/Recreation  Meets 1st Wednesday 6:00 PM (as Needed)  Meetings are at New Castle Town Hall unless otherwise noted