Good evening and welcome to the May sixth, twenty twenty-six regular meeting of the Town of Erie Pointing Commission.

The time is now six thirty-one PM, and I'm calling this meeting to order.

Please join me for the Pledge of Allegiance.

Will the Secretary please call roll?

Um Commissioner Booth.

Here.

Commissioner Burns.

Live from Town Hall.

Commissioner Bahem.

Vice Chair Brodus?

Present.

Chair Hempel.

Here.

We have a quorum.

Thank you.

We have an agenda before us this evening.

Does staff have any changes?

No changes.

Do we have uh who wants to make a motion for tonight's agenda?

Motion to approve.

Second.

Um all in favor say aye.

Aye.

All opposed say no.

Motion passes unanimously.

This brings us to approval of the April first, twenty twenty-six pointing commission meeting minutes.

Do we have any changes or request to make a motion?

Motion to approve.

Second.

Booth.

All in favor say aye.

Aye.

All opposed say no.

Motion passes unanimously.

This brings us to the public comments portion of the meeting.

This is for public comments intended for items not already scheduled on the agenda to be discussed.

Is there anyone in the waiting room signed up or in the audience?

There is not.

Should be able to do that.

And just before we start, uh just request that everyone speaks into the microphones, the uh April first meeting.

There are a few times when I couldn't hear what people were saying.

So just make sure we're speaking to the microphone.

Uh first item is twenty twenty-six two sixty-five, a resolution of the point of commission of the town of Erie recommending that the town council adopt an ordinance consolidating all provisions of the Erie municipal code related to penalties and enforcement for code violations.

The time is now six thirty-three PM, and I'll turn it over to staff.

To align with these provisions, the town needs to formalize language bringing our municipal code requirements into compliance.

Okay.

The proposed ordinance would repeal and reenact chapter 10 of Title 10 enforcement and repeal and reenact section 10-12-7.

Permit transfer and inspection.

The proposed amendment will promote the public health, safety, and general welfare.

The proposed amendment is generally consistent with the town's comprehensive master plan and the stated purposes of the UDC.

And the proposed amendment is necessary or desirable because of changing conditions, new planning concepts or other social or economic conditions.

A neighborhood meeting or public hearing is not required for UDC changes before the planning commission.

And the next steps are that town council will review the ordinance on May 12th.

Staff recommends adoption of resolution P26-08.

A resolution of the planning commission of the town of Erie recommending that the town council adopt an ordinance consolidating all provisions of the Erie Municipal Code related to penalties and enforcement for code violations.

And that concludes my presentation.

And if you have any questions, happy to answer.

Thank you.

Time is now 635 p.m.

And we'll move to Commissioner questions.

Again, two questions and go back around.

Commissioner Baham.

No questions from me.

Commissioner Burns?

No questions.

I'll just keep going down the line.

With regards to 10, 12, 7, that's the oil and gas section.

Where do those penalties and where did these get moved to just in general?

So basically there's no changes.

So what they're doing is just trying to bring everything into alignment and into one section of the code.

So all of the penalties and enforcements should fall under section one-4-4.

Okay.

That's what I had.

I also saw that in the ordinance that we're removing 1010 2, which is part of 1010, and then 101411 and 1015.

So that's all I have.

No questions?

Commissioner Booth?

I have no questions.

Thank you for doing double duty.

Yes.

You're welcome.

Commissioner Salish.

Um yeah, a couple questions.

Uh okay, so this is uh the state versus campus Simmons.

Uh what from my understanding, um, reading what happened was uh a couple of municipalities had um had penalties that were above and beyond what was allowed based on statute, is that correct?

Yeah, for um above the state minimums for criminal.

Okay.

So even though um I correct me if I'm wrong, none of the items related to the UDC are addressed in any of the current ordinance revisions for the actual penalties section, the non-criminal criminal um, it's all one through seven, one through six, so there's nothing chapter 10 UDC related in terms of criminal non-criminal currently, is that correct?

Yeah, so UDC would be non-criminal.

So it the CAM decision doesn't impact that with the original thing was we right, we needed to comply with the camp decision, but then there's a lot of that we saw issues with the whole code that we were trying to consolidate, so we just decided to do it as this whole one big ordinance that included Title 10.

Okay, so that's where all the penalties move to now.

Um so uh if there are specific items that are these are these monetary penalties, are these um actual like serving time penalties generally, or is it all penalties we're moving into that now?

Yeah, so so all penalties now are under 144.

The goal is because before it's you'd read uh um whatever section 521, for example, in the code, and it would say either look to the general penalty section or it would have a separate penalty section, which is really confusing and inconsistent.

So now it's the goal is any violation of any of part of the code.

You look at 144 and it encapsulates everything.

So if it's monetary penalty, if there's going to be some permits that are you know, like permits that will be revoked.

Um so also code enforcement.

Um we left the nuisance uh and under Title Five, that's still there.

So there's still the nuisance procedures under there and abatement.

Um so that yeah.

Um I know I'm at two.

Can I keep going, Chair?

Yep.

Um now how does this play?

Because we're talking about a UD the UDC, which is related to planning and zoning, which were a home rule municipality.

Isn't that a now local item for the most part isn't planning and zoning uh per statue for the most part provided to the municipality to administer as they would like.

So we're we had an affirmed judgment by the Supreme Court, but now we're talking planning and zoning related.

For the most part, do we still have a say in terms of what types of penalties we would like to have for these items?

Uh not us, council.

Yes, yeah, there's still discretion.

So we've we tried to keep the discretion there.

It's in 144.

So we're not it's not just if we didn't it's we don't have language that if it's not enumerated 144, that doesn't mean that there can't be a penalty that town staff code enforcement council determines um for violations of the UDC specifically.

Okay.

Um I know it's not UDC, but with staff like comments on throwing of missiles, or should we just keep so that's all thank you.

Any other questions pop up?

All right.

Um to make the motion motion to approve.

I'll second.

All right.

We have a motion from Sawish and a second from Booth.

Sorry, uh for resolution number P 2608, a resolution of the point of commission of the town of Erie recommending that the town council adopt an ordinance consolidating all provisions of the early municipal code related to the penalties and enforcement for code violations.

Anybody request a roll call vote?

No.

All in favor say aye.

Aye, all opposed say no.

Motion passes unanimously.

Thank you.

Thank you.

Change hats.

Um our second item is 2026 to 62nd.

Recognition of Commissioners Bayham and Burns.

So the time is now 6 41 p.m.

And staff, do you want to code you want to start?

Sure.

Um, I don't have like a slideshow of fun things that we did together or anything like that.

But I know this is often a thankless job, and you do this as volunteers, and thank you guys.

It was it was a long haul working through the comp plan and um all the various cases that you've seen over the last four years, and and we as staff really appreciate it.

Um we do have um certificates here to show that uh signed by the mayor and um our interim town manager.

So um, and yeah, if you all have any words that you would like to say to your comments.

I'll open the floor anybody.

I have something, but I'll go just uh sincere thank you for for your efforts.

Um it's been most appreciated.

I know I've learned a lot from both of you, so thank you.

I just want to say thanks to everybody for that.

This has definitely been enlightening.

Not only working with town staff, but commissioners themselves also.

It uh is a thankless job sometimes, but seeing the impacts around town and development that's come past in the last four years, it's just a phenomenal.

So it's truly rewarding in that aspect and continue to watch it.

So exactly.

Um it's been nice to see the uh I think the input of commissioners, but the public as well, um, kind of involved in in how the town is developing, because it's clearly a hot topic issue now here.

And and I think as you guys transition into a little bit less of um the big developments and kind of uh fine-tuning things, it's kind of uh it's been an interesting um four years, I think for sure.

And um, yeah, so I have anything else.

I I want to um I I know I I as one of the individuals who voted to appoint you both.

Thank you for everything that you have done.

I know that you've been putting in you've been put into situations that have publicly um seen IR against it that have been testy at the very least.

Um I I don't know if you recognize when you initially signed up to uh interview that you thought that would occur, um, but you both have done a phenomenal job, um, especially keeping things afloat when we went through that whole period of uh a lot of turnover to say the least.

Um so you know, from the bottom of my heart, thank you, and from for everybody in the town, thank you for everything that you have done.

I I will echo everything that everyone said, and I think um it's been a pleasure learning from both of you.

I mean everybody has their own expertise.

You guys have a lot of expertise that I've learned from listening to your questions.

So thank you for allowing me to learn from you.

And yeah, same thing.

Really appreciate working with you, Kylie.

Your uh your architectural input has been uh really valuable.

I it's always some great questions coming out from you.

And uh Tim, thanks for uh being chair when I came on and teaching me how to run this.

Hopefully, I've done you uh done you well over here.

So uh just appreciate appreciate the time you guys have put in.

So any last words?

I know you guys are gonna do a good job.

Yep.

Do our best.

Looking forward to getting public comment from you.

I can get my three minutes in.

Yeah.

Wrap it up.

Yeah, wrap it up.

So all right, time is now 6 46 p.m.

and we've concluded general business.

Go to staff reports.

Um the next meeting will be our first meeting for the newly appointed um commissioners filling um A Hem and Burns role.

Um we will we will have a welcome dinner for them in the community room as well.

We have several things on the agenda.

Yep.

Okay.

Anyone have any commission reports?

Commissioner Salish.

So part of the commission reports are also, you know, and discussion items.

Yeah, so um, I I would be remiss if I didn't take the opportunity to ask the two individuals who um are up here who have spent the past four years.

Um we have two items potentially that we're gonna be talking about upcoming with uh regards on the 20th, and then with the joint study session.

Um so first question that I have for both of you.

Um when we're going to be talking about the fast track prop 123 item.

Are there any, if you will, closing thoughts or any items that you think if there were one thing that we would want to make sure is addressed or this piece is attended to, is there anything specifically that you would want to have I think in regard to the Prof 123 discussion, it's trying to keep the the bigger picture is is I my my thought toward that whole process.

Um you know it's not necessarily about uh your kind of personal um thoughts on the issue, whether it's appropriate, but it's looking at what is in the town's interest.

I think sometimes that gets muddled.

Um it's become pretty politicized in the past few years in general, but um you know what is the best for the town when we're moving towards this, what is in the best interest of in financially for the people here um for the quality of life and everything.

So always try to consider that ver is more my kind of guiding star versus like what my personal thoughts on some of these issues are.

So that's just my two cents, which will not get you a cup of coffee.

Uh only thing I'd add to that is to find the process, stick to it, give staff the ability to execute and move on.

Don't revisit it several times.

I mean when you have to go through and and do additional time and additional meetings and everything else, it prolongs the process.

And if the motivation is to get housing and product to the community and build that community, get that process towards pretty rolled out.

So you're you're here.

Thank you.

And uh sec second item of potential discussion is um the roles and responsibilities.

And I know when both of you initially joined the commission, this was a topic back then, um, even preceding you all.

So now that it's been four years, you've seen um you know how the commission has has been um many evolutions because of everything that has occurred.

Um are there things that you wish we could have done differently.

Are there things that we went about this item where if we were able to you would have liked to see this happen?

Um I I'm not talking about you know, specific quadgy quadjudicial applications, so I'm saying like in terms of how we've been functioning in the past four years.

Are there things that you see as it'd be nice if we could do this, or this would be an improvement to what we have done to date.

I mean, honestly, the um I'm glad to see that you guys are um immediately stepping into like the procedural kind of thing in terms of the Roberts roles and politician procedure.

When we started, we just jumped into it, and I I really uh honestly didn't have an idea of procedurally how things were supposed to proceed.

We didn't have a lot of onboarding.

I think it looks like they're they're doing uh a pretty solid job, I think now of of trying to get everybody onboarded so that you're not having to you know you guys can deal with the issues as opposed to procedurally how does this work with the motions and and you know who speaks up when, etc.

So I think procedurally that that's a that's something different than when we started.

Yeah, yeah, because I hadn't seen parliamentary procedure since college, and that was in a fraternity setting, which was not terribly formal.

So yeah, I guess definition of roles and responsibilities.

Yep.

And when we started that was pretty much non-existent.

Um so it took time on our parts to kind of join, I guess, this commission, understand what our true priorities should be, how to review these cases, and and make effective judgments.

I think that would be one of the biggest things is to maybe pair uh the new commissioners with maybe someone from staff, give an understanding of how the process works, what are the key things, and maybe work through a couple test cases of how you should approach this, not to influence the decision, but to give them a roadmap of these are the critical things you need to look at.

So thank thank you both.

And um, one of the qu one of the reasons why I wanted to ask you these questions is because you two are the first individuals in four years, uh a little over four years that have actually run to your term, and this body has an opportunity to do this.

Um plus the two of you.

Um no one not one of them have been able to provide this feedback.

So thank you.

Um thank you, thank you, thank you.

I'm I'm definitely um I feel like we've um left the commission in in a better position than when we started just it look it was it was definitely a little chaotic when we started, so or at least I felt that way.

Yeah, yeah, the consistency.

I mean the town is getting to the mature level that it needs consistency, and without that guidance, not only from this commission, but from staff too, it's gonna go whichever way the wind blows.

So, and I don't think that's what what this town needs.

So I sincerely appreciate everything that's done to keep continuing and fostering that direction.

That's all thank you.

Commissioner Bruce motion to adjourn.

No, no, so very close.

No, I've got two things.

One's just a humorous thing, I think, for Tim, that two cents now we no longer have the pennies is worth a lot of money.

And so you may want to change the nickels too.

The other thing is just to make sure everybody realizes in this room tomorrow night, it's going to be from 4 30 to 5 30.

Congressman Joe Degas is going to have a town hall here.

And so if you want to do it, uh you do need a ticket, so you just have to sign up.

And if you need the link, let me know and I can send it to you.

Um yeah.

So those are the two things.

Thank you.

Uh my two items are Michelle Crawford at the town clerk sent us a code of conduct.

So make sure you read that and sign it.

And the town fair is on May 16th.

So see you out there, hopefully.

So that's all I have.

And that concludes all the items on our agenda.

Commissioner Booth.

Sorry.

We're not done yet.

Sorry.

I I just want to uh I guess wanted to try to make a statement.

Um the uh I know that um Kelly had sent out some emails a few months ago.

Um I did want to acknowledge um MJ Adams and who passed in January, and uh she uh I think had a pretty outsized role in the last few years, really almost the entirety of our term um in helping shape a key part of uh what became the comp plan revision.

And and I'd hoping that I know Kelly, I think mentioned that they might try to get something to commemorate her um her efforts.

Um we are still working on the town, but yeah, I figured I just wanted to throw that out there.

Thank you.

Did you have anything, Commissioner Brahan?

No, that's it.

Now it's over to you, Commissioner.

For real thing.

Motion to adjourn.

Second.

All right.

Uh time is now 6 56 p.m.

and we are adjourned.