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Record of Proceedings

Erie Town Council Meeting – June 24, 2025: Flag Policy Controversy, Air Quality Monitoring, and Balloon Festival Updates

Town Council — Tuesday, June 24, 2025
BodyErie, Colorado
SessionTown Council
DateTuesday, June 24, 2025
StatusFILED
Video Record
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Transcript — Verbatim
0:18

Moore, the mayor of the town area, and I'm calling to order the town council meeting on June 24th, 2025.

0:27

Um I'll look to our um town clerk to uh take roll.

0:31

Oh, sorry.

0:32

Let me do the pledge of allegiance first.

0:34

Please rise and join me in the Pledge of Allegiance.

0:37

I pledge allegiance to the flag of the United States of America and to the Republic for nation under God into this law with liberty and just all right.

0:55

Will our town clerk please take roll council member Simarelli?

1:03

Here.

1:04

Councilmember O'Connor.

1:05

Here.

1:06

Mayor Pro Tem Bell.

1:07

Here.

1:08

Mayor Moore.

1:08

Here.

1:09

Council Member Bear present.

1:11

Councilmember Mordolero.

1:13

Here.

1:14

Council Member Hoback.

1:16

Here.

1:16

Mayor, we have four.

1:18

All right, thank you.

1:19

Do we have a motion to approve the agenda tonight?

1:22

I move to amend the agenda to include discussion and a possible vote about our flag policy.

1:29

Do we have a second?

1:31

Second.

1:32

I'm gonna look to our attorney for um uh matter of business.

1:38

And go ahead.

1:39

Yep.

1:40

So um typically, as you know, the open meetings law requires that uh items be noticed 24 hours before the official action be taking place.

1:48

So um any discussion is permitted on that item.

1:52

Um and because it's an administrative policy, you can limit any decision related to direction.

1:57

Um so that direction would be um directing an administrative action.

2:02

Does that make sense?

2:04

All right, and um, I know many of you here, maybe all of you are here uh because of uh what has played out over the last few days with our flag policy and what we've done to follow the flag policy.

2:13

Um what I've learned in that is only part of the story, and that is because the prior two councils who set the flag policy um had executive sessions on that with legal advice in both ways, something that we are not um prepared to do uh to tonight.

2:29

Um so we have a motion and a second to amend the agenda.

2:32

Any further discussion?

2:34

Uh mayor pro Tem.

2:36

Yeah, I'd just like to add to that is um I'm the only current member of council uh that was on the board at the time we created this policy, and there was extensive uh discussions on the policy, and I totally understand where everyone's coming from tonight.

2:54

Um the issue before us is uh a first amendment issue.

3:00

There's been a lot of misinformation online about this being home rule versus statutory.

3:06

Um the attorney can correct me if I'm wrong here, but flag poles are essentially a public forum, right?

3:14

Or treated as such.

3:16

Um do you want me to give a quick well can we add it to the yeah maybe I'll do that later, yeah.

3:23

This is discussion.

3:24

Yes, this is this is discussion, and um I would like our town attorney to weigh in, please.

3:31

Sure.

3:31

Um so just briefly, if I can, someone put a shot clock on me.

3:36

Um the forum dictates what rules apply for First Amendment purposes.

3:44

So when we have public comment, that is a government forum, public forum.

3:50

So that's why we can't stop someone midway through and say, hold on, this isn't relevant, or hold on, we can't talk about this or that.

3:58

Um a flagpole is context specific.

4:02

There was a recent case a couple of years ago out of Boston, um, where the Supreme Court unanimously said in that case um that the government was actually giving private speech.

4:12

It was allowing a public forum to give private speech because it didn't um regulate what types of speech were permitted, except for one instance, and that's then since they were sued over.

4:25

In other words, if the government is allowing the Coca-Cola flag to fly, then it ought to allow the Pepsi flag as well.

4:32

Um so when we think about First Amendment rules that a government can take um action on.

4:37

We want to think about time place and manner restrictions.

4:40

Those are permitted.

4:41

Um where the speech um is taking place, that's permitted.

4:47

Um the duration of the speech, that's permitted, like three minutes for public comment.

Discussion Breakdown — Share of Meeting
Public Engagement███████████████15%
LGBTQ Rights███████████11%
Community Engagement█████████9%
Fiscal Sustainability█████████9%
Tourism Regulation█████████9%
Racial Equity███████7%
Legal Affairs█████5%
Environmental Protection█████5%
Procedural████4%
Summary of Proceedings

Erie Town Council Meeting – June 24, 2025

The Erie Town Council held a regular meeting on June 24, 2025, at 6:30 PM in Council Chambers. The meeting was dominated by public comment on the town's flag policy after the removal of Pride flags, leading to an agenda amendment and a vote to bring the policy back for review by the end of August. The council also approved several resolutions, including a grant for the Erie Flex Ride microtransit service, a 42-month air quality monitoring contract, and the first phase of a floating solar project at the North Water Reclamation Facility.

Consent Calendar

  • Approved the June 3, 2025 Special Meeting Minutes and June 10, 2025 Meeting Minutes.
  • Proclamation of Park and Recreation Month.
  • Ordinance 009-2025: Transfer of real property from HT Flatiron LP to the Town.
  • Resolution 25-113: Development agreement and final plat for Summerfield Filing No. 2.
  • Resolution 25-114: Intergovernmental Agreement with Mile High Flood District for drainage improvements.
  • Resolution 25-102: Fifth Amendment with RockSol Consulting Group for Weld County Road 3 Bridge Replacement post-design services.
  • Resolution 25-114: Appointment of Kathleen Teal to the Sustainability Advisory Board.
  • Resolution 25-110: Fourth Amendment with Baseline Engineering for Town Center South Roundabout design.
  • Resolution 25-103: First Amendment with Civil Resources for Boulder Creek Diversion Structure and Pipeline Conveyance design.
  • Resolution 25-106: Agreement to accept partial assignment of relocation agreement for Spring Hill Ditch crossing.

Public Comments & Testimony

  • 21 individuals signed up for public comment. All speakers expressed support for flying the Pride flag and urged the council to update the flag policy to allow local proclamations. Many shared personal stories of discrimination, mental health impacts, and the importance of symbols of inclusion. Speakers included LGBTQ+ residents, parents, youth, and allies. One speaker (Skylar Weitzel) noted the mayor's sole vote against amending the agenda, calling it a "strange way to show your willingness to hear from your constituents." Another speaker (Alex Bond) described the flag removal as sending a message that "our existence should be hidden." Several speakers referenced the Governor's proclamation issued earlier that day, which allowed the flag to be re-hung, but urged a permanent policy change.

Discussion Items

  • Flag Policy (Agenda Amendment): The council voted 6-1 to amend the agenda to add discussion of the flag policy. Mayor Moore voted no, citing the need for prior legal advice and the packed fall agenda. The mayor explained that the flags were removed per policy because no presidential or gubernatorial proclamation existed at the time, and that the policy was followed; once Governor Polis issued a proclamation that day, the flags were reinstated. The council heard legal advice from the town attorney on First Amendment implications and time-place-manner restrictions. After executive session, the council debated a motion to direct the town manager to amend the policy to include flags associated with a local proclamation approved by council resolution. The motion failed; instead, a substitute motion to hold an executive session with the town attorney and bring the policy back for a vote no later than the end of August passed 4-3.
  • 2025 ICSC Award: Presentation of the ICSC Award for Excellence in Community Advancement for the Nine Mile Corner public-private partnership. Tyler Carlson (Evergreen Devco) and Mayor Pro Tem Bell highlighted the project's success, including sales tax revenues exceeding projections and early debt repayment.
  • Erie Flex Ride Subaward (Resolution 25-081): Approved a CDOT subaward of $450,000 ($200,000 grant, $250,000 town match). The match will be reappropriated from fund balance. Service is expected to start by December 2025, with monthly invoicing. The council approved unanimously.
  • Air Quality Monitoring Contract: Two options presented: an 18-month contract (Resolution 25-115) and a 42-month contract (Resolution 25-116) with Boulder A.I.R. LLC. The 42-month contract includes an additional monitoring station and a 3% annual inflation adjustment. The town will discontinue its relationship with Ajax Analytics due to higher costs. The council approved the 42-month contract (Resolution 25-116) by voice vote.
  • 2025 Erie Balloon Festival/Balloon Glow Update: Presented by Pat Vero (Erie Chamber of Commerce) and Tamlin Grace (new balloonmeister). The festival will feature 21 pilots, one special shape balloon, 9 food trucks, a scavenger hunt, walk-through balloons, real-time weather updates via a website and flag system, and a paid meteorologist (Don Day). The event is scheduled for July 10-13, 2025. The council thanked the organizers and offered assistance with promotion and field maintenance.
  • Floating Solar Project (Resolution 25-119): Approved a first amendment to the energy performance contract with Iconergy Ltd. for a 1.2 MW floating solar array on a reuse water reservoir at the North Water Reclamation Facility. Total project cost $4.276 million, funded by a $900,000 DOLA grant, a 30% federal Investment Tax Credit (ITC), and wastewater impact funds. The payback period is estimated at 17 years (simple) or 14.2 years with 3% utility escalation. The council approved unanimously.

Key Outcomes

  • Flag Policy: Motion to direct the town manager to amend the policy immediately failed. Substitute motion to hold an executive session with the town attorney and bring the policy back for a vote no later than the end of August passed 4-3 (Mortelaro, O'Connor, Bell, Moore in favor; Baer, Hoback, Pessaromelli opposed).
  • Erie Flex Ride: Resolution 25-081 approved unanimously.
  • Air Quality Monitoring: Resolution 25-116 (42-month contract) approved by voice vote.
  • Floating Solar: Resolution 25-119 approved unanimously.
  • Council Member Reports: Council member Bear reported on a commuting solutions breakfast and upcoming Front Range Passenger Rail panel. Council members noted Bike to Work Day (June 25) and reminded residents to use legal fireworks and be considerate of pets. The meeting adjourned at approximately 11:45 PM after executive session.

Meeting Transcript

Moore, the mayor of the town area, and I'm calling to order the town council meeting on June 24th, 2025. Um I'll look to our um town clerk to uh take roll. Oh, sorry. Let me do the pledge of allegiance first. Please rise and join me in the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America and to the Republic for nation under God into this law with liberty and just all right. Will our town clerk please take roll council member Simarelli? Here. Councilmember O'Connor. Here. Mayor Pro Tem Bell. Here. Mayor Moore. Here. Council Member Bear present. Councilmember Mordolero. Here. Council Member Hoback. Here. Mayor, we have four. All right, thank you. Do we have a motion to approve the agenda tonight? I move to amend the agenda to include discussion and a possible vote about our flag policy. Do we have a second? Second. I'm gonna look to our attorney for um uh matter of business. And go ahead. Yep. So um typically, as you know, the open meetings law requires that uh items be noticed 24 hours before the official action be taking place. So um any discussion is permitted on that item. Um and because it's an administrative policy, you can limit any decision related to direction. Um so that direction would be um directing an administrative action. Does that make sense? All right, and um, I know many of you here, maybe all of you are here uh because of uh what has played out over the last few days with our flag policy and what we've done to follow the flag policy. Um what I've learned in that is only part of the story, and that is because the prior two councils who set the flag policy um had executive sessions on that with legal advice in both ways, something that we are not um prepared to do uh to tonight. Um so we have a motion and a second to amend the agenda. Any further discussion? Uh mayor pro Tem. Yeah, I'd just like to add to that is um I'm the only current member of council uh that was on the board at the time we created this policy, and there was extensive uh discussions on the policy, and I totally understand where everyone's coming from tonight. Um the issue before us is uh a first amendment issue. There's been a lot of misinformation online about this being home rule versus statutory. Um the attorney can correct me if I'm wrong here, but flag poles are essentially a public forum, right? Or treated as such. Um do you want me to give a quick well can we add it to the yeah maybe I'll do that later, yeah. This is discussion. Yes, this is this is discussion, and um I would like our town attorney to weigh in, please. Sure. Um so just briefly, if I can, someone put a shot clock on me. Um the forum dictates what rules apply for First Amendment purposes. So when we have public comment, that is a government forum, public forum.

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