Erie Town Council Meeting Summary - December 2, 2025

On December 2, 2025, the Erie Town Council convened to address critical governance issues within the Erie Highlands Metro District 1, discuss a draft ordinance for water-wise landscaping, and review feasibility options for improving regional connectivity near the Erie Airport. The meeting featured extensive public testimony regarding conflicts of interest and community trust, followed by board deliberations and votes on appointments and policy directions.

Consent Calendar

• The council unanimously approved the agenda for the evening session.

Public Comments & Testimony

• Megan Hughes: Expressed full support for the "Affordable Housing Villages at Cole Creek" development, advocating for mixed-use housing to address Erie's high housing costs and low affordable housing percentage (currently less than 1% vs. a 12% goal). She opposed the construction of a church or "McMansions" on the site and suggested locating affordable housing near the town while preserving open space with old-growth trees.
• Bill Hughes: Stated general support for establishing a housing commission to address community needs, particularly for older adults and multi-income families, citing a lack of such a body in Erie compared to other cities he has worked in.
• Barry Luganville: Strongly opposed the appointment of Tony Phileas and expressed full support for appointing Josh Malm to the Erie Highlands Metro District 1 board. He cited a conflict of interest regarding Phileas (spouse of a board member facing recall) and highlighted Malm's history of integrity and community trust.
• Christy Bowers: Urged the council to appoint Josh Malm and opposed Tony Phileas, arguing that a household holding two board seats (Tony and his wife Christine) undermines democratic representation. She detailed Phileas' role in board dysfunction, including comments made about creating a "mole" to undermine board members.
• Tanya Baca (Tony Baca): Stated that the board needs a candidate without conflict of interest to restore stability and trust. She expressed confidence in Josh Malm, noting that the board functioned effectively prior to his departure.
• Joshua Malm: Thanked the council for stepping in to address the vacancy but did not express a preference for his own appointment in the public comment, stating he would serve regardless of the outcome. He emphasized the statutory need to adopt the 2026 budget.
• Ash Sheikh: Expressed support for appointing Josh Malm to the board seat.
• Mitchell Gonzalez: Requested the immediate appointment of Josh Malm and opposed Tony Phileas. He highlighted the conflict of interest regarding the Phileas household, the recent recall of Phileas' wife for breaking open meeting laws, and Malm's seven years of experience.
• Jason Manley: Expressed deep appreciation that the town council is listening to the community and supported the appointment of Josh Mall as the experienced candidate needed to stabilize the district.

Discussion Items

Erie Highlands Metro District 1 Appointment (Item 25635)

• Mayor Pro Tem Bell: Announced his recusal from the voting process to ensure the integrity of the decision and protect the council from challenges, despite clarifying he had no personal financial conflict of interest. He noted he had previously acted as a resident in recommending Josh Malm to the County Commissioners.
• Council Members' Deliberations: Council members Hoback, O'Connor, Pessarelli, Mortalero, and Bear all discussed the qualifications of the applicants. Multiple members noted the conflict of interest surrounding Tony Phileas and expressed support for Josh Malm based on his community experience, role in the separation from Oakwood, and the overwhelming public support he received.
• Councilmember Mortalero: Stated he would not recuse himself, arguing that while Mayor Pro Tem Bell's actions were personal, they did not constitute a financial conflict under the threshold required for recusal.
• Process: The council reviewed the three applicants (Tony Phileas, Cordyander Johnson, Joshua Malm) and the history of the two-two board split that prevented local action.

Water-Wise Landscaping Draft Ordinance (Item 25624)

• Dylan King (Sustainability Specialist): Presented a draft ordinance update to align with State Bill SB24-005 (effective Jan 1, 2026). The update restricts cool-season turf, reduces front yard living plant material coverage from 75% to 70%, limits alternative turf to 50% of the yard area, and introduces hydrozoning and soil amendment mandates.
• Councilmember Hoback: Asked for clarification on the reduction to 70% plant coverage, expressing concern that it might encourage excessive hardscaping and requested data on the specific reasons for the number chosen. He also questioned the 50% alternative turf limit in the context of smaller lots.
• Councilmember Bear: Raised concerns regarding the cost impact on developers and potential impact on small lots. He asked if 50% refers to the total landscaped area or just the backyard and inquired about the definition of landscaped area (confirming it excludes driveways/hardscapes but includes gardens and tree canopy).
• Councilmember Mortalero: Asked about the cost to residential units, the existence of an appeals process for variances, and the status of artificial turf restrictions (confirming the town discourages it for health and environmental reasons beyond state requirements).
• Staff Responses: Kathy Crohn (Parks/Development) and Sarah Normala (Planning) clarified that landscaped area includes all non-paved/non-structure space (including gardens and tree canopy) and that the redevelopment trigger requires disturbing >50% of the aggregate landscaped area plus a building permit. Andrea Carroll (Water Counsel) noted that cost and water demand impacts are currently being evaluated by water resource engineers.
• Mayor Moore: Emphasized the importance of balancing affordability with conservation, requested information on implementation details, enforcement mechanisms, and the feasibility of a variance process. She also suggested creating incentives for existing neighborhoods to adopt similar practices.
• Dylan King: Highlighted the success of the existing turf replacement rebate program (87,000 sq ft installed this year) and introduced a pilot program for HOAs to assist with large conversions.

North-South Connectivity Study (Item 25516)

• John Feruzzi (Transportation Manager): Presented a feasibility study for connecting County Line Road to Highway 7, bypassing Cole Creek Boulevard. He outlined five alternatives, noting fatal flaws with Alternatives 1 and 2 (cost, tunnel requirements, impact on neighborhoods) and regulatory challenges with Alternatives 3, 4, and 5 (airport restrictions, CDOT access management, bridge costs).
• Councilmember O'Connor: Stated a preference for Alternatives 4 and 5 as they best replace the County Line Road access to Highway 7 and avoid traffic in residential neighborhoods. He expressed concern about the potential for a "right-in, right-out" restriction at Highway 7 due to CDOT guidelines.
• Councilmember Hoback: Disagreed with Alternatives 1 and 2, citing traffic throughput concerns and costs. He favorably reviewed Alternatives 4 and 5, noting the steep drop-off in grade for Alternative 5 but acknowledging the bridge cost for both.
• Councilmember Pessarelli: Stated a preference for Alternatives 4, 5, and 3, noting that Alternative 3 could serve as a future airport entrance. He expressed caution regarding the cost and engineering feasibility.
• Councilmember Mortalero: Expressed strong preference for Alternative 4, citing its ability to divert traffic away from the school in Parkdale and the potential for economic development. He questioned the safety of placing heavy traffic near airport operations.
• Mayor Moore: Stated she is not interested in Alternatives 1 and 2. She proposed viewing Alternative 4 as a traffic mitigation project and Alternative 3 as a future airport entrance, suggesting they could be pursued separately. She expressed support for Alternative 4 but acknowledged the potential conflict with the planned signal at Airport Drive affecting Alternative 5.
• Council Deliberation: The council broadly agreed to screen out Alternatives 1 and 2. They expressed interest in refining the analysis of Alternatives 3, 4, and 5, specifically regarding right-of-way acquisition, bridge costs, and CDOT intersection restrictions.

Key Outcomes

• Appointment: The Council unanimously voted to appoint Josh Malm to the Erie Highlands Metropolitan District 1 Board of Directors. (Motion carried: All in favor).
• Water Ordinance Direction: The Council voted to move forward with the draft water-wise landscaping ordinance. They directed staff to provide further details on implementation, enforcement, cost analysis, and the feasibility of a variance process prior to a formal vote in Spring 2026.
• Connectivity Study: The Council instructed staff to begin stakeholder engagement in January 2026 with a focus on Alternatives 3, 4, and 5, while maintaining Alternatives 1 and 2 as