New Castle Town Council Regular Meeting Tuesday, February 6, 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 Mariscal Councilor Carey Councilor Hazelton Mayor A Riddile 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 There were no conflicts of interest. Agenda Changes There were no agenda changes There were no citizens Consultant Reports  Clerk Andis verified that her office gave notice of the meeting in accordance with  Citizen Comments on Items not on the Agenda  Consultant Attorney -present for agenda items only.  Consultant Engineer - not present. Items for Consideration  Recognition for Utility Department  Administrator Reynolds said he and Public Works Director John Wenzel wanted to recognize two utility department staff members who have demonstrated extraordinary  Town Council Meeting Tuesday, February 6, 2024  1    care in the way they go about doing their jobs. Going the extra mile is not at all unusual for all New Castle utility team members. Whether it's responding to late night waterline breaks, being available and on call for water plant and wastewater plant emergencies, safely working in industrial spaces, or keeping the Town current on compliance issues, our Tonight, we would like to extend a special thank you to Water Treatment Plant Operator Kim Rider and Utility Maintenance Technician Jack Refior. The care and concern that Ms. Rider and Mr. Refior bring to their positions is an amazing benefit to our community and a Public Works Director Wenzel presented Ms. Rider and Mr. Refior with plaques. The council Consider Approving Ordinance TC2024-01 - Amendment of Sections 17.04.050, 17.36.040 and 13.20.060 of the Town Municipal Code to add Microbrewery as a Administrator Reynolds said ordinance TC 2024-01 is to allow the limited and defined permitted operations of Micro Breweries in the Downtown C-1 Zoning District. Staff explained the proposed definition of a Micro-Brewery, the possible impacts to the C-1 District, and possible impacts to wastewater discharge and the wastewater treatment operations. Ordinance TC 2024-1 also considers an update to the Municipal Code addressing how water and sewer tap fees might be calculated for Micro-Brewing businesses. Staff explained how proper tap fees and EQR assignments might be calculated for Micro Brewing Businesses based on product production levels. Administrator Reynolds said there was a resolution and discussion at Planning & Zoning, at which time more research was done in order to properly define what a micro-Drewery is and how the town makes sure the town's wastewater plant can handle the discharge from amicro-brewery. The utility department was able to look at all the components for the wastewater plant regarding a micro-brewery and protection for the town. The town currently does have protections in place in the municipal code as well as by state laws to Administrator Reynolds said there were discussions about how much water is used and proper EQR and tap fees for a micro-brewery. The calculation is one barrel of beer equals 31 gallons, on average 8 gallons of water for every one gallon of beer. The staff's Administrator Reynolds said P&Z recommendation was a micro-brewery is defined as an established which produces up to 1000 barrels of beer a year and should be allowed as a Councilor Leland asked about the EQR's for the restaurant side of the brewery. Administrator Reynolds explained the restaurant would need to have addition EQR's. The micro-brewery EQR's would be just for the brewery portion of the business. Councilor Graham Riddile asked Mr. Hemelt how many EQR's he would need for his micro- brewery. Mr. Hemelt said he would make 200 barrels of beer which is 48,000 beers and he would need to sell about 131.5 beers per day. That is the goal and would sustain the  entire Utility Team always takes great pride in everything that they do.  true example of professionalism to those in the industry. thanked them for their hard work and dedication to the town.  Permitted Use in the C-1 Zone District (1st Reading)  protect the wastewater plant.  suggestion is for every 500 barrels of beer would be one EQR.  permitted use in the C-1 Zone District.  Town Council Meeting Tuesday, February 6, 2024  2    business for two-five years. He is prepared to purchase one tap.  Attorney Haley Carmer said the code is written as 500 barrels or a portion there of. If there is a fraction of the 500 barrels there would be a ratio and that is written into the Councilor Graham Riddile asked how the town could make it more friendly for a business to come to town. Is there a way the town could change the EQR table to 1000 barrels to be more business friendly. He said Mr. Hemelt is doing exactly what the town's Mr. Hemelt said if he produces 2,000 barrels of beer, he would use 66,000 gallons of Public Works Director Wenzel said his staff understood to produce one gallon of finished Councilor Leland said Mr. Hemelt or any other applicant could come and ask for an Administrator Reynolds said yes, the applicant could come to the town with a business model and information from the manufacturer to show how much water would be used Councilor Carey said the ordinance is the base for any micro-brewery which would come Councilor Hazelton said the ordinance does allow to look at each business on a case-by- Administrator Reynolds said there currently is flexibility in the code to help finance the MOTION: Councilor Leland made a motion to approve Ordinance TC2024-01 = Amendment of Sections 17.04.050, 17.36.040 and 13.20.060 of the Town Municipal Code to add Microbrewery as a Permitted Use in the C-1 Zone District (1st Reading) Councilor Hazelton seconded the motion and it passed 5 to 2. Discussion: Councilor Graham Riddile stated he would be voting "No" because feels like the code is too restrictive. Councilor Mariscal said she would also be Councilor Mariscal: no; Councilor Carey: yes; Councilor Hazelton: yes; Mayor Art Riddile: yes; Councilor Copeland: yes; Councilor Leland: yes; Councilor Graham Consider Resolution TC2024-04 = Authorizing Bank Accounts and Signers on Town Clerk Mindy Andis said due to staff changes there needs to be an updated resolution to authorize bank accounts and signers for the accounts. By town charter there needs to  ordinance.  Comprehensive Plan says.  water, which includes the cleaning process.  beer takes between 3-12 gallons of water depending on the process.  adjustment of taps depending on the business.  per barrel of water. into town.  case bases without needing to change the code for each business.  fees over time.  voting "no".  Riddile: no. Bank  be a resolution each year approving the bank accounts and signers.  Town Council Meeting Tuesday, February 6, 2024  3    MOTION: Councilor Graham Riddile made a motion to approve the consent agenda. Councilor Carey seconded the motion and it passed unanimously Consider Resolution TC2024-05 = Cancellation of the April 2, 2024 Regular Municipal Election in Accordance with Section 1.16.040 of the Town of New Clerk Andis said the purpose of resolution is to get authorization to cancel the April 2, 2024, Election. As of close of business on January 29, 2024, there was not more than one candidate per seat to be filled. There were no affidavits of intendent to be a write-in The organizational meeting is scheduled to be held on April 16, 2024, at which time the oaths of office will be administered to: Graham Riddile, Grady Hazelton and Crystal MOTION: Mayor Riddile made a motion to approve the Resolution TC2024-05. Councilor Graham Riddile 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 Section 24-6- 402(4)(b) regarding pending litigation against Castle Valley Ranch Investors Motion: Councilor Leland made a Motion at 7:41p.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) regarding litigation filed by Castle Valley Ranch Investors, Inc. Councilor Mariscal 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 7:41p.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 Mariscal seconded the  Castle Municipal Code.  candidate.  Mariscal to serve for four-year terms.  seconded the motion and it passed unanimously.  concerning the 6th Street Lot  motion and it passed unanimously. Executive session concluded.  At the end of the executive session, Mayor Art Riddile made the following statement:  Town Council Meeting Tuesday, February 6, 2024  4    "The time is now 9:10p.m. and the executive session has been concluded. The participants in the executive sessions were: Councilor Mariscal, Councilor Carey, Councilor Hazelton; Councilors Copeland, G Riddile, Councilor Leland, Town Administrator Reynolds, Town Clerk Andis, Assistant Town Attorney Haley and Town Treasurer Ehlers. For the record, ifany 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 concerns for the record." No concerns were stated. Consent Agenda January 16, 2024 Minutes  MOTION: Councilor Mariscal made a motion to approve the consent agenda. Councilor Leland seconded the motion and it passed unanimously.  Staff Reports  Town Administrator - Administrator Reynolds reminded the council about the CML conference this summer. On February 22, 2024 a housing summit will be hosted by the library and everyone is invited. There will be a guest speaker from Breckenridge. Breckenridge has had experience on figuring out affordable housing, plans and concepts. There is a question regarding the landscaping for the roundabout. The Garfield County Commissioners have not really been committing funding for the project. The most recent commitment was they would commit $450,000 from their Conservation Trust Fund. The commissioners have found out the money would not be legal to pull from the Conservation Trust Fund. At the last council meeting there was a discussion to talk to the Commissioners about the funding during the Council's joint work session with the Commissioners. The opinion is, ift the council does make the request during the work session the answer to the questions would be since it's a work session the commissioners can't make a decision. The town would need to get put onto a county commissioners' agenda to speak to the commissioners and ask for funding directly and to have a decision by the commissioners. Administrator Reynolds said the Capital Project Committee did have their first meeting. The committee is trying to figure out grant strategies and how to pay for the roundabout landscaping. The town is committed to paying $500,000 to CDOT for the roundabout, not including the landscaping. The expense to build out the landscaping at the roundabout would be $500,000-$700,000. The town needs to get the project out to bid sO the timing of the project would be as soon as CDOT is done with the construction the town could finish the landscaping. Currently staff is working on a traditional FMLD grant for landscaping project. Councilor Carey said it is possible to get outside of town residents to show the impact and use of the roundabout and why it is important for the county commissioners to help with the project. Administrator Reynolds said the commissioners have already said they would give the town $450,000 out of their Conservation Trust Funds, sO hold them to that and have the money go towards a new boat ramp and possible other park projects. He will contact the county manager to be put  Town Council Meeting Tuesday, February 6, 2024  5    on the commissioner's agenda as soon as possible to talk about funding. Administrator Reynolds gave an update regarding the migrant issue. DOLA is sending out letters to all of the municipalities saying Denver is full and has taken action to discourage migrants from going to Denver. DOLA is officially asking municipalities to step up and take people. A no response means can't help. Administrator Reynolds said there has been another police department resignation from Detective Matt Polen who will be moving onto the DA's office asan investigator. Administrator Reynolds said there have been a lot of Facebook comments regarding the land use application in Castle Valley Ranch. The application is a sketch plan and will be heard for the first time at P&Z on Wednesday, February 14, 2024. There will be a link on the town's Facebook page linking to the packet on the town's website. He reminded council to disregard the comments and e-mails. Town Clerk - Clerk Andis said she, Deputy Town Clerk Remi Bordelon and Town Administrator Reynolds have had three interviews for the vacant Administrative Assistant to the Town Clerk position and a fourth one on Friday. They will be scheduling for second interviews for next week. The hope is to have the position filled by the end of the month Town Treasurer - Treasurer Viktoriya Ehlers said the workman's comp audit is complete, the opioid reporting is done. She is working on the annual reporting for CML, studying for the GAP 96 new compliance for audits and will be attending training through CGFOA for the new compliance. Also, interviewing for the third position in the finance department.  or the first part of March.  Town Planner - not present Public Works Director - not present. Commission Reports  Planning & Zoning Commission - Councilor Carey said there was a resolution brought to P&Z for consideration regarding microbreweries for the second time. The resolution was Historic Preservation Commission - Councilor Copeland was not at the meeting Climate and Environment Commission - Councilor Leland said the news town received $10,000 in the plastic bag fee. The state law imposing the fee says the money is to be used for recycling, compost, waste division and or administration enforcement. He would like to ask CEC to consider the use of the money for recycling and compost. They have been talking about getting rid of additional plastics beside the bags. He will bring back a Senior Program - Clerk Andis passed out the Older Adult Program Annual Stats for 2023. She said they had appointed a chair and vice chair. They also discussed the by-laws  approved.  proposal to the council.  and possible changes to the by-laws.  RFTA - didn't meet AGNC - didn't meet GCE - didn't meet EAB - nothing to report.  Town Council Meeting Tuesday, February 6, 2024  6    Detox - Administrator Reynolds said they are in a deficit of $300,000. The shortfall is not going to stop the project from being completed on time and opened. The opening should  be the end of May first of June. Council Comments  Councilor Carey had received a phone call from the North Rifle CPW Officer. CPW is Councilor Graham Riddile said the Capital Projects Committee did a great job at the Councilor Leland said Spellabration is April 5, 2024. Would like to have a town team this Mayor Art Riddile said Founders Day was awesome. Steve Rippy gave a fantastic presentation. He thanked staff and especially Kelley Cox for the work put into the event. Mr. Rippy was named Local Historian and given the "Legacy Award" for 2024.  already concerned about the food supply for the bears.  meeting.  year. The theme is Under the Literasea.  Items for Future Council Agenda  The New Castle Chamber of Commerce will be at the next council meeting with an Rolling Fork Food Truck - Aaron Shockley to discuss the 6th Street Lot.  update with a discussion for funding and financing. Coal Ridge Cheer Team Proclamation CPW Presentation regarding bears the motion and it passed unanimously. The meeting adjourned at 9:53 p.m. Respectfully submitted,  MOTION: Mayor A. Riddile made a motion to adjourn. Councilor Carey seconded  NEW C GARFIELD Em SEAL COUNTY COLORADO  AIR Aus  Mayor Art Riddile  Mundalindis Town Clerk Mindy Andis, CMC  Town Council Meeting Tuesday, February 6, 2024  7