New Castle Town Council Regular Meeting Tuesday, March 19, 2024, 7:00 PM Call to Order Mayor Pro Tem Grady Hazelton called the meeting to order at 7:20 p.m. Pledge of Allegiance Roll Call Present Councilor Carey Mayor Pro Tem Hazelton Councilor Mariscal Councilor Copeland Councilor Leland Councilor G Riddile Mayor A. Riddile Absent Also present at the meeting were Town Administrator Dave Reynolds, Town Clerk Mindy Andis, Town Treasurer Viktoriya Ehlers, Assistant Town Attorney Haley Carmer, Town Attorney David McConaughy, Town Planner Paul Smith and members of the public. MOTION: Pro Tem Hazelton made a motion to approve Mayor A. Riddile absence. Councilor Mariscal seconded the motion and it passed unanimously. Clerk Andis verified that her office gave notice of the meeting in accordance with Meeting Notice resolution TC 2024-1. Conflicts of Interest the sale of the 6th Street lot. Agenda Changes There were no agenda changes. Councilor G. Riddile he would be recusing himself from item E. the discussion regarding Councilor Carey said she no longer felt she had a conflict with the sale of the 6th street lot. Citizen Comments on Items not on the Agenda New Castle resident Dayna Hughes shared with council concerns of conflict between her and her neighbor regarding the fence her neighbor had taken down. She said she was willing to put up a fence and was hoping for some resolution. Ms. Hughes stated she had video and photos to share. Town Council Meeting Tuesday, March 19, 2024 1 Consultant Reports Consultant Attorney -present for agenda items only. Consultant Engineer = not present Items for Consideration Presentation from Canyon Creek Residences Canyon Creek Residence Sonya Linman reviewed the slideshow presentation Councilor G. Riddile said his understanding was the water that is used in Lakota Canyon Ranch is used just for watering the golf course and none of the residences use Canyon Creek water. Attorney McConaughy said that is correct. The Canyon Creek water is just for the golf course and Elk Creek provides with the council. (Exhibit A) water to everyone else. Presentation from Mid Colorado Watershed Town Administrator Dave Reynolds introduced Middle Colorado Watershed Executive Director Paula Stepp. Administrator Reynolds said Ms. Stepp will give an update on the recent work that has been done. Among other projects, Ms. Stepp and her team have been working to establish and build the Colorado River Wildfire Collaborative. Members from area fire agencies and local municipalities have formally come together under Ms. Stepp's guidance to join the Wildfire Collaborative with the goal identifying regional areas of concern related to wildfire risk, identification of at-risk resources, pre and post fire best practices and policy, and fire mitigation efforts. With the Colorado River Wildfire Collaborative Memorandum of Understanding (MOU) now in place, well over a dozen agencies have committed to supporting the need to work toward better fire resiliency in our region. While individual work by each agency continues, the collaborative holds the possibility of opening the door to funding opportunities that might not exist for single organizations trying to accomplish Ms. Stepp went through her presentation with the council. (Exhibit B) Ms. Stepp said they are finishing the funding they have received for the water quality monitoring system from the Colorado Water Conservation Board. The system is to monitor water quality and there are rain gages in certain places in Glenwood Canyon to help CDOT and NOAA to know when to close the canyon. Middle Colorado Watershed had also received funding to create a data dashboard at each of the water treatment plants along the Colorado River. The similar work. Town Council Meeting Tuesday, March 19, 2024 2 water treatment plants have access to look at water quality and make the decision on how to treat the water. Middle Colorado Watershed customized the dashboard for each treatment plant and also made sure there would be data Ms. Stepp said Colorado River Wildfire Collaborative is doing a post wildfire risk assessment. They are mapping everything from infrastructure, debris flow and hazard mapping. The mapping is being funded by a Colorado River Conservation Board grant. Because of the $2000.00 in matching funds from the Town of New Castle in 2023, the Elk Creek drainage was one of areas selected for the assessment. The purpose of the assessment is to be prepared for debris flows and to lessen the impact on the water treatment plant. Middle Colorado Watershed is also working on other projects such as non-native fish transport signage for public and private lakes and ponds. They are also working on nuisance species app for private citizens reporting. They are also hosting community events to discuss the importance of protecting the watersheds. Ms. Stepp said Middle Colorado Watershed is asking for continuing funding Mayor Pro Tem Hazelton asked Treasurer Viktoriya Ehlers what is in the budget for Middle Colorado Watershed. Treasurer Ehlers said Middle Colorado from Elk Creek. support for 2024. Watershed is already in the budget for $2500.00. Consider Approving Resolution TC2024-10 - A Resolution Appointing a Municipal Judge and an Assistant Municipal Judge Pursuant to Section 8.3 of the Town Charter and Section 2.08.040 of the New Castle After a ballot vote council voted to appoint Timothy Graves as Municipal Judge Municipal Code. and Kip O'Connor as the Assistant Municipal Judge. Motion: Mayor Pro Tem Hazelton made a motion to approve Resolution Appointing Timothy Graves as Municipal Judge and Kip O'Connor as Assistant Municipal Judge Pursuant to Section 8.3 of the Town Charter and Section 2.08.040 of the New Castle Municipal Code. Councilor Mariscal seconded the motion and it passed unanimously. Executive Session for a conference with the Town Attorney for the purpose of receiving legal advice on specific legal questions under CRS Town Council Meeting Tuesday, March 19, 2024 3 Section 24-6-402(4)(D) regarding pending litigation against Castle Motion: Councilor Leland made a Motion at 8:14p.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 Carey seconded the motion and it Valley Ranch Investors passed unanimously. 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)(b) for the purpose of determining positions relative to matters that may be subject to negotiations concerning the 6th Motion: Councilor Leland made a Motion at 8:45p.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)(b) for the purpose of determining positions relative to matters that may be subject to negotiations concerning the 6th Street Lot. Councilor Carey seconded the motion and it passed Street Lot. unanimously. Councilor G. Riddile left at 8:45 pm. Councilor G. Riddile. returned at 8:53p.m Executive session concluded. following statement: At the end of the executive session, Mayor Pro Tem Hazelton made the "The time is now 8:53p.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 and Town Treasurer Ehlers. 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 Town Council Meeting Tuesday, March 19, 2024 4 action occurred during the executive session in violation of the Open Meetings Law, I would ask that you state your concerns for the record." No concerns were stated. Consent Agenda February 20, 2024 minutes March 5, 2024 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 planning department received a Conditional Use Permit (CUP) application for the new brewery. The CUP would be allowing a food truck to be parked on the brewery property for serving food during operating hours of the brewery. Staff will be working with the brewery owner to calculate the appropriate EQR and what the tap fees would be. Staff is suggesting having a second meter installed to get an accurate water usage for the brewery. Administrator Reynolds said there has been another meeting with CDOT regarding the replacement of the green bridge at the west end of town. The estimated start date for that project is the fall of 2025 and will be about a 12-month project. Administrator Reynolds said there is utility work being done for the roundabout. Administrative Assistant Rochelle Firth will be walking around with CDOT PIO to inform businesses of what the roundabout process will be. Administrator Reynolds said there will be two police officers joining the police department. The officers are seasoned officers and ready to be on the road. Administrator Reynolds said Ms. Stepp is asking for the 18 participating organizations in the Middle Colorado Watershed Collaborative to put in some money into the organization which would allow for her to apply for a grant to help pay for management of the organization. Town Clerk -Clerk Andis said she and Deputy Remi Bordelon have been training Professional Assistant Michelle Huster and she is doing a great job. Assistant Huster will be introduced to the council at the next council meeting. Town Treasurer - Treasurer Ehlers said the Chevy Tahoe that was hit by a deer back in November is back in operation again. She said she will be doing onboarding paperwork for the two new officers, plus the recreation department has hired a replacement for Aimee Gerber Athletic Director. Treasurer Ehlers said she has completed the CML annual survey for benefits and salary. Town Planner - not present Public Works Director - not present Commission Reports Planning & Zoning Commission = has not met Historic Preservation Commission - has not met Climate and Environment Commission - Commissioner Leland said they meet RFTA - Councilor Copeland said they did meet however it was an executive session. Thursday. Senior Program - has not met Town Council Meeting Tuesday, March 19, 2024 5 AGNC = Councilor Hazelton said they meet tomorrow. GCE - has not met EAB - has not met Council Comments Detox = Councilor Mariscal said the grand opening will be Thursday, April 11, 2024. Councilor Mariscal thanked Administrator Reynolds and all of staff for what they Councilor G. Riddile said the Town of Silt has lost their town manager and their public works director, if there is anything we can do to help let's help. Administrator Reynolds said staff has reached out to them. Councilor G. Riddile gave an update on Mayor A. Riddile. He said Mayor A. Riddile is home resting Councilor Leland asked to have the town's water attorney Mike Sawyer come to council to do a water update. He also said CMC President & CEO Carrie Besnette Hauser has announced she will be stepping down in August after 10 Mayor Pro Tem Hazelton said the council should not take any action at this time regarding the Canyon Creek water concern. He said he was part of the interview process for the police department. The two officers which are coming on board come to the town with a lot of experience. He said the Colorado Chamber did a great job with their State of Community Address. Mayor Pro Tem Hazelton asked about signage on the Kamm Lot. He there has been a vehicle parked in the Veterans parking space for some time. He wished the best to Mayor A. Riddile. He said he will be out of town for spring break. do. and recovering. He said he will be gone for spring break. years. Items for Future Council Agenda center and how to fund it. Councilor G. Riddile said we should look at having a survey done building a rec MOTION: Mayor Pro Tem Hazelton made a motion to adjourn. Councilor Carey seconded the motion and it passed unanimously. The meeting adjourned at 9:33p.m. Respectfully submitted, OF NEIO GARFIELD SEAL m COUNTY * LORADO Pro Tem HE Mayor Grady Hazelton uodlndis Town Clerk/Mindy Andis, CMC Town Council Meeting Tuesday, March 19, 2024 6 Exhibit A 3192024 to Council Minutes Town Of New Castle Presentation Friends of Canyon Creek Water Wellness Committee March 19, 2024 COLORADO'S Mapv Viewer 4 5 à & 5B e Tools Page 4 Our Mission "Without coordination and communication, best intentions can enact and result in irreversible consequences. Through Education, Information and Advocacy, We commit to Protect and Ensure the Viability and Wellness of the Canyon Creek Watershed and its Natural Environment from Headwaters to Confluence. Page 5 The Importance of Place and Time Find address orp place f E - 8 T E QuickT Tools CanyonCreek Bear Wallow Créek Page 6 107.362 39.625Degrees Historic Importance of 175 years 1850- Original Ute/Nuche Territory 1868- Treaty 1873-Treaty-First: Prospectors 1879-Meeker- 40,0 000 into Leadville Western Slope 1880s- Fort Defiance and Carbonate- First Water Rights Filed in1 1883 1883- GWS Becomes County Seat Most Access wasf from Carbonate and the Flatl Tops- First Water Tunnelst to Bear Wallow from Canyon Creek 1922-Colorado Compact 1923- Chepita ath Hotel Colorado 1940s- Rockin Pines 1950s- Bear Wallow Continual Ditches and Diversions History of Canon Creek by Way of Carbonate Trail By Lena M. Urquhart First Hand Account of the early settlers- Included in your packet. 1879 was the earliest recorded dissension into (Black) Canon Creek from Dotsero and Carbonate. (1883-2024 =141 years) 1959 Page 7 Development and Expansion of Water Flow in 140 years Colorado Division of Water Resources Interactive Map New Castle Location "Current Impact on Water Resources" Hydrology Structures Wells CoGCC Quick Tools Water Scarcity and Co. Compact Climate Change Page 8 Esri, HERE, Gamin, USGSN NGAE EPAU USDA 2 Scalet: Water Resources Canyon Creek Focus: Canyon Creek Enlargeable Decreed Water CFS Map for CC River District Map in PDF (Natural Flow) is variable and has not been recorded. Historic Gauges: None have been Consistent. Total Decreed Water CFS From Canyon Creek At Minimum with Additional Invisible and Additional Water Table South Side Draws, 145.5914 cfs Page 9 APPROXIMATE Decreed CFS Water Use on Canyon Creek poltte Den Page 10 What Provides Accurate Accounting? Resources Are Inconsistent- USGS and CDSS/DWR 00 COLORADO'S : - : : Selectdatatogaph Ocghesin Page 11 Note Discrepancies - wheres Quick Tools Chacra Topogra... UTMZone Scale1 1: 18,056 Esri, HERE, Garmin, INCREMENT RUSGS, Page METVNASA 12 EPAL If SUpport Maps Are Incorrect, Decreed VA Actual, How Do People Make Decisions? SSGM Page 13 Private, Public Partnerships ? Friends of Canyon Creek Request to LOVA - April 2023 Presentation to LOVA Board Of Directors May 8, 2023 LOVAT UPRRBS Trail Thank you for your time. Page 14 Future Efforts Should Be Slowed and Evaluated Clearly. Development to Watch. New Castle- Lakota and 300 proposed additional residential use PUD. Properties connected to the Mings Chenoweth and' Wolverton Ditch Properties connected tot the Spion Kapp Ditch Azilow Page 15 Birds Eye - Water Usage- Historic /C Compact Comparison OqPublic.net GarfieldCounty CO Bu 10,000 Foot t/E Eagle View? Colorado Compact- 1922-2026 Federal and International Interests Multi-State Regional State County Municipalities Private /Public and... 10 Tribe "The Ten Tribes Partnership is a coalition of Upper and Lower Basin' Tribes that have come together to claim their seat at thet table and raise their voices int the management oft the Colorado River as water challenges persist." UTE /Nuche Included Page 17 Efforts Underway Including Mindful Planning and Partnerships Wildlife and Riparian Fish Passage AVLT IN-Stream Flow GarcO Land Use Fire Mitigation Existing Senior Water Rights to the Confluence It's The Right Thing To Do. Page 18 Meetings and Presentations Friends of Canyon Creek Wellness Land Owners Colorado Water Resources- Commissioners Johnson Wolverton Dltch Company AVLT LOVA Garfield County Submission Provided for NF PUD Attorney/Client Page 19 Final Words- It's Easy to Forget During Times of Abundance, How Things Are When We are at Risk. High Water 2017 Page 20 Algae Bloom- Low Water Summer 2018 Page 21 Thank you for serving with Wisdom and Deliberate Intention as you look to the future. Our Children will depend on it. Q&A ad-fiflewte. cycle andthe gepyclerhe oMe UES YVES COUSTEAU age 22 Cycle NVI Flood Awareness Week: Hydrology Terms 1cubicf foot( (ft') 7kgallons WE THANK YOU. FRIENDS OF CANYON CREEK & FUTURE GENERATIONS What'sth CFS7 Definition: ACSiserubicloarpers second. Whenw wes soyl 00cfs, weE meon100 ftheseboxesat movangbyopoint theriver cond. 5455E5 For Example us- 440 A/F per year/365- On A Dry Year - 1.20547945. AF per day Aquifer- Ditches/Sitructures/Wells/Surface OmOwwOi OmOwwOin Elk Creeka at New Castle, Co.- 09087500 Canyon Creek! Near New Castle, Co.- 09085500 p NW Exhibit to 3192024 Council Minutes Middle Colorado Study Area MCWC Middle Colorado Watershed Council March 2024 New Castle Town Council Post Wildfire Water Quality Monitoring to Protect Water Treatment Plants *Two New Water Quality Monitoring Sites on the Colorado River: 1. Silt Sediment Temperature 2. Rulison 5P Sonde and ISCO Auto Sampler *Customized Data Dashboard Map Satellite For New Castle *Discussion on needs after 2024: water quality, new monitoring sites and data dashboard Colorado River Wildfire Collaborative Next steps for collaborative planning and projects to reduce wildfire impacts and post- fire challenges. Scheduling monthly meetings to coordinate projects and mitigation Hiring a coordinator for the collaborative Grant funding through state and federal resources for mitigation efforts. 6SGM Adjacenty Wildfire Groups. projects Page 26 WRAP - Wildfire Ready Risk Assessment Middle Colorado Study Area Genwoods Springs MCWC acquired CWCB funding for the Colorado River Wildfire Collaborative to do a post wildfire risk assessment for communities on the Colorado River. Because of $2,000 in matching funds from the town of New Castle in 2023, the Elk Creek drainage was one of the areas selected for assessment. Page 27 MCWC Watershed Projects Non-native fish transport signage for public and private lakes and ponds Landowner outreach best practices private ponds River Watch: Citizen Science Water Quality Monitoring Nuisance species app for private citizen reporting Best practices gravel pit restoration GRAND RIVER WARNING! DO NOT TRANSPLANT FISH ADVISOINOT RANSPLANIEPSCADOS rized transplantingor 877-265-6648 Reporting' Hotline Transplantando dentroc pecessin cualquier ofwaterk unethical. incluye CO Page 28 Community Events 11:34 surveyl23arcgis.com Non-native Species Info e Whatt type ofr non-native species would youl like tor report? Vertebrate (fish) Invertebrate (mussels, clams, snails) Plant: Non-native! Species Click ont thep photost tos seea ane enlarged, picture. Northern Pike M Here isal link toap picture oft the species Northern Pikel havea long snoutf filledv witht teeth anda ane elongated body" withy whitishi irregular chain markings ona dark body. Thiss species! lookss similar totigern muskie, butt tigerr muskie) havec darks striped sidesa andli lightbody. IFthiss speciesisc caughtin movingorf water, return fishto flowingv don notre thef ERS OAT *Speaker Series event at Colorado Drifters with David Graf, US Fish and Wildlife in February Description *Annual Glenwood Wild and Scenic Film Fest in Rifle and Springs they water. *Family fun fishing day with District 16 and RE-2 at Page 29 the River Stop REQUEST: 2024 Support of the Middle Colorado Watershed Council Listing on the Donor Board at River Stop at the Rifle Rest Area Highlighted on the donor page of MCWC website Feature in MCWCsocial media posts Feature in a 2024 newsletter Annual New Castle Support Request: $2,500 Page 30 Contact Information Middle Colorado Watershed Council Paula Stepp/Executive Director epemccowatepdors 970-404-0162 Doug Winter, MCWC Board of Directors President Please visit our website: www.midcowatershed.org Follow us on social media: Omidcowatershed Page 31