Erie Town Council Meeting Summary - January 13, 2026
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To order the town council meeting on uh January 13th, 2026.
If you'll please rise and join me in the Pledge of Allegiance.
I pledge allegiance to the flag of the United States of America.
Indivisible with liberty and justice for all.
All right, well, the town clerk, please take roll call.
Councilmember Mortalero.
Here.
Councilmember O'Connor.
Here.
Mayor Pro Tembell.
Here.
Councilmember Hoback.
Here.
Councilmember Passamarelli.
Present.
Councilmember Bayer.
Present.
And Mayor Moore.
Here.
Mayor, you have a quorum.
All right.
Thank you.
Before I ask for approval of the agenda, we're going to pull item 2026-10, the Martin Luther King Junior Day proclamation.
It's co-sponsored by Councilmember Bear and myself.
Councilmember Bear is going to read that tonight.
So with that one change, do I have a motion to approve the agenda?
So moved.
Second.
All right, we have a motion and second.
All in favor say aye.
Aye.
All opposed say no.
All right, we have an agenda.
All right.
The first is 2026-9, approval of the December 16th, 2025, town council meeting minutes.
Next item is 2026 48 proclamation national radon action month.
And I am sponsoring that one.
Item 2026 11, a resolution of the town council of the town of Erie approving a professional service agreement with CTL Thompson for the engineering services for the Erie Town Center.
Next item is 2026-12, a resolution of the town council of the town of Erie adopting the town's fee schedule for 2026.
Item twenty twenty twenty-six fifteen, a resolution of the town council of the town of Erie approving a fifth amendment to the agreement for services with KG facility solutions for janitorial services.
So move.
Second.
All right, motion and second.
All in favor say aye.
Aye.
All opposed say no.
All right.
The consent agenda passes.
All right.
Then we will continue uh moving through the agenda tonight.
Um the first item of business is the mark.
Mayor.
We did sign up.
Oh, you did sign up.
Yeah, there's two of them.
Okay.
It's not showing on my list.
I'm sorry.
Please uh come to the podium and just uh state your name and location for the record.
My name's John Rondash.
So Lafayette, um, this is an ongoing thing with the KB Homes development uh on over by 119th um uh flooding issues.
So it's continually um getting worse.
I can just start with my three minutes.
Is that okay?
Yeah, okay.
So um we've this is my third time speaking.
This will be our fourth time.
So um basically I'm here to just uh document the uh real ongoing impacts to uh the property that did not exist prior to the development, specifically related to the flooding and groundwater and septic system failures, which is now the big problem because of the groundwater being raised to surface levels.
Um the background on it is the flooding was severe enough to force water through our basements, which clearly indicated from the prior conversations it was 100 gallons per hour that was going through the basement, um, which clearly indicates uh elevated groundwater pressure, not just surface runoff.
Um what's happened today is our property operates on a septic tank and leech field system, which is entirely dependent on unsaturated soil to function properly.
Flooding uh following the flooding events, and now our septic system, which we had have pumped out again today.
Our leech field is um unusable, and that's a 40 almost a 40,000 um hit on us.
So it's just another uh thing showing that there's some hydrology experts should need to be to need to be come to check out the property because I know that KB homes and the Lafferty property are now again working in that retention pond.
Um it looks partially drained.
I don't know where the water's gone.
I don't know if there's a permit um where they were able to take that off.
There's no documentation that we can find filed.
Um so now we we have uh a problem with our septic system and the leech field with ongoing water issues.
Um I'm just gonna put a closing note in here.
Um and also I noticed that the culverts that the railroad line uh runs across uh the side of our property, all three of those culverts seem to be open now.
Um there is standing water sitting underneath those rail lines and along the side of it.
These impacts did not exist before the development.
They're directly tied to altered drainage, grading, and groundwater movement associated with the KB homes project, which is the Lafferty Pro Lafferty property.
I'm asking the city to formally acknowledge that uh private septic infrastructure is being damaged by public and private development decisions at a minimum.
I'm requesting an independent hydrological assessment, document documentation of the pre- and post-development of groundwater conditions and a pathway for mitigation and accountability.
This is not theoretical.
This is measurable damage, a failed septic system affects health safety and property value and it and and habitability.
I appreciate the council's attention and expect the issue to be re treated with seriousness as it is warranted.
All right, thank you.
Um I'm looking to our deputy town manager, um Mr.
Hammer.
I believe a meeting is getting set up with the developer and staff, and I think I'm gonna get invited.
You don't need to answer that now, but will you send the council an update on on where that is at?
Yes, noted.
Thank you.
Thank you.
Welcome.
And just your name and uh location for the record.
My name is Meg Nofsinger, and I live at 4242 North 119th Street in Lafayette, which is backed up to Erie.
This is my fourth time coming and asking for help.
And each time I come, you look at somebody over there and ask them if something's happening, and then we never hear anything.
And we continue to have massive issues at the house.
Thirteen years ago, I was living in Lions and my house is completely destroyed by the flood.
I lost everything, and the kids and I were homeless for six months moving from place to place.
So it is a nice property for us to live on.
And since KB Homes moved in, it's slowly not that slowly being destroyed.
And so Deb Zach from the Protection Mine Subsidence Prodence Program sent me an email saying that they will no longer attend.
This is in quotes to any future mined or water maintenance issues that arise at Canfield Mine or at the northwest corner of the development as a result of the actions taken by the site developer to excavate, disturb, and then recap the canfill mines themselves and their decision to drain all of the stormwater from the development to that same location.
Going forward, any further issues experienced at this shaft, which we previously spent time, money, and resources to safely mitigate.
Um which I included in this Google Drive are the sole responsibility of the developers since they chose to remove our previously stable concrete monolith plug shaft closure, and that the town of Erie or the uh developer are now responsible.
And so I've come here four times, and I'm asking each one of you to actually take this seriously, and please don't just nod your head or make a note or tell me that your studies are all the same as they have been before the Kibi homes came in because all the neighbors go up and see rivers coming down.
We've never seen this.
There's frogs everywhere.
My pasture was swamped so that my horse couldn't even stay in it.
She's getting abscesses on her feet because it's saturated.
So please help the community members who are already established here and asking for your help.
I understand everybody's focused on what's going to make money, and these developers come in.
They don't, they're not part of our community, they don't live here, they're just here to make money.
But I'm not the only person who's being affected.
My neighbors substance her all her, you know, her well is wiggling because the ground is saturated.
Other mom um homeowners are saying their trees are dying because it's so saturated with water.
So please stop building and figure out what is happening to people who already live here.
Thanks.
All right, thank you for the comments.
We will get an update on this.
I think it was right before the holidays that the last um communication came out to us.
And so it's I just want everybody to know it's not a dead issue, it's not being ignored.
The question is at what pace is it moving?
So you're heard.
All right.
Um, let me just ask.
Is there anybody else in the audience that um would like to address this tonight?
This is like a pond.
Um, I'm sorry.
Are you talking about the ponds?
This is public comment.
Public comment on the okay, come on up.
Just your name and location for the record.
My name is Christine Emerson, 1600 Alpine Drive.
I'm by the second hole of the golf course.
Um living there going on 21 years.
That has never been empty of water.
If you want it empty, you're gonna have to tell the golf course stop watering.
Uh you know the reason why the town built that golf course.
Does anybody know?
No.
They did it because they didn't like being called the dump town.
So they built the golf course.
The golf course owns those ponds.
They're supposed to maintain it.
Behind my house, I have a drainage ditch that goes to the pond on the second hole.
The town spent like a hundred thousand dollars about 10 years ago to fix it because we were getting uh erosion.
It was getting very close to our properties.
The golf course has not done one bit of maintenance.
We have weeds.
We've my husband and I, now we're old.
We've had to go down there, pull out big sheets of plastic because nobody maintains it.
We don't know what the plan is.
Nobody wants to tell us.
I left a message for you.
Never got a call.
Uh we should have been informed.
We should have had a presentation, what you want to do.
And we want to know how it's going to affect us.
We like our pond, but we it's mucky, it hasn't been drained.
Todd wants it dry.
He wants to put some good old weeds in there for us.
Uh we don't want our property values to decline.
So, unless you can talk the golf course into stopping, why it's never going to be dry.
You're just silly, you're just fooling yourselves because it just won't happen.
They water every night.
And then if we have a rain, we've had some gushers.
We almost lost a few golf golf carts and people in them because they were dumb and tried to cross over.
Uh so what do you have a presentation of what this is supposed to look like?
Anybody?
This isn't a time for for QA.
Well, I mean, how am I gonna know what's gonna be there if you're not gonna tell us?
Yeah.
So once again, this is a perfect time for you to bring these topics to our attention.
We did approve two ponds.
I'm looking to our deputy town manager, I'm not sure they're the same ones.
Um, but I'm sure it is without our knowledge.
Please update us as well.
And then um, I return all of my calls, so I'm not sure what number you used, but it was for you.
Okay, well and submit forget submit.
I left because I had trouble.
I thought I did, but a neighbor who's in a young 50s, he had trouble, and he's very brilliant.
If he had trouble, what why doesn't an old woman like me have a chance to submit something?
Okay.
So I'm asking for transparency.
Yeah, I don't think that's too much to ask.
I would encourage you to send an email to counsel at ERECO Dr.
Please don't ask me to do that.
Okay, then I won't.
That's fine.
That's your decision.
If you have something that's why I'm trying to do that, your time is up new.
Your time is up.
The next uh do we have one more speaker that would like to address this tonight?
Yeah.
Um, I did not read the public comment script, but I will read the last line, and that is just be respectful of everybody that is here.
We're all volunteering our time to ensure everybody feels welcome to share their comments, and please refrain from sharing clapping booing or other disruptive behavior.
This is a great time to help us understand what's going on.
It's not the time to debate us, um, but I'm happy to engage, and I'm sure all the council members are happy to engage outside of this meeting.
Yeah.
Derek does 1560 Alpine Court uh on the second hole.
We probably are the closest to the detention pond A20.
Um we've been in the air Vista Ridge neighborhood since 2005, in that particular location since 2012.
We've been dealing with the metro district, the town, um, the HOA, you name it, the golf course, on maintenance and everything else that goes along with the detention pond.
To the point that I have documentation that was given to me uh on this detention pond on one of the studies that I think it was the town that actually paid for back in 2020, that when we met with I think it was Todd, the golf course management at that time, and everyone we met around the pond, uh specifically A20 to determine what's happening, what's going on, and what people want.
My frustration is zero transparency.
I got an email saying be aware of construction traffic and heavy equipment because the detention pond is not draining, so we're removing it.
Wait a minute, time out.
Where what, and then I ask questions of what is the it's a one the A20 specifically is basically a one-acre detention pond.
Okay, I'm rounding, it's probably I think it's slightly under one acre, but in round numbers, it's one acre.
We get migrating birds, we get all types of wonderful animal life that comes there on an ongoing basis.
And we just want transparency in what's happening.
Um I sent an email or responded to the email, the young lady who it were.
I don't want to call her out, but she responded back saying, I cannot provide the information in email.
You have to go to Cora site, and here's the link.
I spent over an hour and a half on that site trying to find out what the what the requirements are and what's going to happen to it with zero results.
Only thing I was able to find was the legal sediment uh uh from with the metro district and the city and the attorney signing off on everything that the metro district is funding the city 10,000 or think it was 10,000, it might have been 20 to help fund whatever it's gonna happen to it.
Uh I just want transparency.
The information I have, the elevation of the pond, the lowest point of the pond, is 11.76s lower than the drainage pipe.
If that's the way it was built back in what 2000, 2001, whenever it was starting to be built and signed off on, that to me tells me by legal definition, it's allowed to maintain some water up until call it just shy of a foot.
And everything above that is supposed to flow out to the drainage pipe.
I'm just want to know what's the plan for the plan.
What is what is going on with it, because it's been very frustrating as I have asked my neighbors.
I've asked the golf course, and no one knows what the city's planning on doing with it.
Uh and everyone that's around it is very upset.
And I just don't have any transparent, there's no transparency.
Okay, thank you.
And I'm looking to our deputy town manager to update the council outside of this meeting.
I don't think we have the details you certainly have, and I think it's important we do get those details.
All right.
Would anybody else like to address the council tonight?
Okay, then we're gonna move on to our first agenda item, which is item 2026 10, uh Martin Luther King Jr.
proclamation, um, of which uh Councilmember Bear and myself have sponsored, and Councilmember Bear will now read.
Thank you, Mayor.
I'm honored to read and sponsor this year's proclamation for Martin Luther King Jr.
Day.
Um it is.
Whereas Dr.
Martin Luther King Jr.'s leadership in the American Civil Rights Movement helped dismantle institutional segregation, expand voting rights, and advance civil liberties for millions of Americans.
And whereas Martin Luther King Jr.
Day is observed each January in recognition of the January 15th birth of Dr.
King, with a federal holiday designated on the third Monday of January to encourage national reflection, education, and community service in honor of his life and enduring legacy.
And whereas honoring Dr.
King's legacy strengthens our collective resolve to build bridges across differences, promote opportunity for all, and ensure that every individual is treated with dignity and fairness.
And whereas local governments play a critical role in advancing Dr.
King's legacy by modeling fairness, expanding access to opportunity, and fostering inclusive spaces where all voices are welcomed and valued.
And whereas this year's theme, Mission Possible 2, Building Community, Uniting a Nation the Nonviolent Way, reflects the continued relevance of Dr.
King's unfinished work and calls for renewed collective action.
This message emphasizes that achieving unity, equity, and justice remains within reach.
Um, and through intentional community building and a shared commitment to nonviolence.
And whereas the ongoing pursuit of justice requires both the courage to move forward and the humility to acknowledge the pain, inequities and divisions left along the way, calling our community to heal with honesty, lead with compassion, and continue the work of unity envisioned by Dr.
Martin Luther King Jr.
And whereas on November 2nd, 1983, President Ronald Reagan signed Martin Luther King Jr.
Day into law as a federal holiday, and was first officially observed nationwide on January 20th, 1986.
Now, therefore, the town council does hereby proclaim that Dr.
Martin Luther King Jr.
Day be celebrated on January 19th, 2026, and asks all residents in the town of Erie to observe this day with appropriate ceremonies, activities, and programs.
All right.
Thank you, Councilman Reber.
Um, we're gonna move on to our first um general business item.
It's item 202639, an ordinance uh concerning the financing of the acquisition and construction of a police facility and related improvements and other capital improvements of the town, and in connection therewith authorizing the execution and delivery by the town, a site lease agreement, a lease purchase agreement and other documents related uh thereto and providing other matters related thereto.
This item was published as a public hearing in the Longline Times call on December 31st, 2025.
And with that, the public hearing for this agenda item is now open.
And I think I'm gonna turn it over to Sarah, is that right?
Yes.
Uh oh, that was louder than I expected.
Hello, everybody, Sarah Hancock, Finance Director.
Um, before we get started, I apologize for the length of that title.
That I did not expect that you had to read it.
So but it is very important, all of the things contained within.
So we're going to get into the details of what exactly we're doing this evening.
I'm joined by representatives from Hilltop.
So Maddie's here with us.
And then we also have a couple of folks from Butler Snow, our bond council.
So some of this is a little bit new, and we're ready to answer any questions that you have.
So with that, I'm going to jump in.
This is our jumping off point for certificates of participation.
We are finally in the home stretch of actually being able to issue these and get the reimbursement resolution to actually have the funding for the items that we're already beginning to work on with the police station as well as mine mitigation for town center.
So we're going to just do a very brief project review so that we can remember all of the projects we're funding with this.
We're going to go through some preliminary estimates and then what the process is from this point forward, which again we have support here to kind of talk through.
So the first part of this is the large amount that we need for the public safety building.
So 47 million dollars is still currently the highest estimate that we expect on that building.
We are waiting on that guaranteed maximum price, which we have timed the issuance of the COP COPs as closely as possible to when that's issued, so that we can ensure that that number is as accurate as possible.
That, as you well know, is already under construction, and we've begun the process of getting that building renovated and expanded.
The other projects include the town center mine mitigation at $5.1 million estimated in the Erie Community Center side, which is $2 million.
This is an outdated sh demonstration of where the actual buildings will be.
But what I want to make sure everybody understands is that this little section here with these little dots, that's at Erie Community Center side, and then the remaining amount is underneath town center.
For the approved capital and debt budget that we have, I just want to highlight again that through the 2030 forecast and beyond, we do have the debt payments, the anticipated debt payment of 3.19 actually budgeted as a part of our debt.
We anticipate to always keep that appropriated and in place.
And any overage for the payment would be identified in the supplemental process.
And when I say that, on the next page, we're gonna look at the estimates at this point, which are slightly higher than that.
And so we can talk through the different options that we have to accommodate that.
So these COPs will be issued in two series.
Um one will be the tax exempt portion of that, um, which will be related to the police station.
And then because the other portion is going to have a private benefit above it, we do have to pay taxes on that portion.
Um we're still working on some finalized numbers on the two million for the ECC.
So that taxable number might actually go down to five million, um, but we'll have those in the final um numbers for the COPs.
Um they will have a 30-year final maturity to keep our payments down.
And right now the uh debt service is estimated at 3.4, so just a couple hundred thousand dollars over that um initial estimate that we have.
But again, we can structure payments.
We're gonna see uh what our actual estimated um or actual interest cost is right now, it's estimated at 4.9.
Um, so we'll get a better idea of exactly what those payments will be once we actually have the final amount, but that's the maximum we would be going to.
So for the issuance process, kind of where we go from here, um, we'll get approval tonight, hopefully, to move forward with the actual lease um purchase and all of that.
Um we did have our rating call today with Moody's, which went very, very well.
Um they reviewed all the town financials, they went through us on major projects, understanding our AC for our annual comprehensive report, um, all of that information.
So we were really pleased with how that went.
Um, we will receive the rating before the end of the month, and then we'll actually post the preliminary offer uh off says official, it should be offering statement, um, which is attached, the um one that is approved to form to this agenda item.
And so that might change slightly, um, but for the most part, all of that information contained in there is what will be offered whenever we actually go out to um sell these these uh certificates.
And then um we're hoping to close early March and the funds will come in and we will uh be able to account for all of that in the project fund.
Now, where you might have a lot of questions are gonna be around the parameters of the ordinance, um, and I will definitely let Maddie speak to this in more detail.
But um, primarily this is uh these are the parameters for which we are just ensuring that the lease that we have established parameters around the like the site lease and how all that works.
Um there's a termination date, we have extension dates, um, there is the highest payment that we can actually get to the uh certificates in terms of like what uh the the exceeding amount, which is at this point 55 million.
So there's just different parameters within there contained within um to protect the town as well as the um the investors and so tonight what we're asking is to approve the ordinance so that we can proceed with authorizing the process of the debt financing and move forward with the projects as planned.
Um so with that, I'm going to open up for questions and discussion, and again, have lots of support here for the nitty-gritty if you want to get into it.
Okay, and is that the complete presentation, or will the bond council present anything or just QA?
They're just QA, they're here.
I'll think it's I'm happy to walk through um the ordinance if you'd like.
Yeah, I think any more background and that's fine.
Yeah, go for it.
Um really I think um Sarah's covered most of it.
Um what the this ordinance we call this a parameters ordinance.
So the council will be approving kind of the maximum amounts, and then so long as when the certificates go to market and are sold, as long as those numbers are less than what is approved, then um one of the other things you're doing is approving the people at the town who are authorized to sign on behalf of the town.
So um we covered the parameters, so that's section three.
It covers the outside lease and site lease terms.
Oh thank you.
Um total principal amount of the base rentals, the maximum annual payment under the base rentals, and then total as well as net effective interest rates.
So um if you look, it's far farther down in section three, it allows the mayor, town manager, finance director to sign all of the documents.
So assuming that on pricing date all of the numbers are less than what is approved, then those people are you know can sign the documents.
Um in section four, there is uh a list of the documents that the council will be approving as to form tonight.
So the site lease is essentially the town leasing this like the the land and the project to the trustee, and then under the lease, the trustee leases the project back to the town, and so the town will continue to build, use the police facility while it's making base rentals payments.
Um you'll be approving a form of the certificate purchase agreement, and that just kind of that's essentially your underwriters' agreement to purchase the certificates, talks a lot about the conditions the close and the the uh um kind of the financial information that that occurred on pricing date.
There is a form of the continuing disclosure certificate that's an SEC requirement, essentially just requires the town to annually post its audit and some other financial information.
We've been talking to Sarah and her team about that, and um, so they're they're well equipped on that end, and then the final one the final document is the preliminary official statement.
That is kind of the marketing document that your underwriter will use to sell the certificates.
It has um the sources of repayment, has a bunch of information about the town, economic and demographic information, and um the rating agencies will look at that.
Um I think that's kind of the the high-level summary if there's other specific questions, happy to cover those too.
All right, I'll bring it back to council and see if there's any uh questions.
Councilman Hoback.
Um just one quick question.
Could you um not everyone's on lease expert?
Um, explain the difference between the site lease termination date and the lease term and what there's a 10-year discrepancy between the two, or difference, not a discrepancy.
Yeah, so the the site lease is the initial lease from the town to the trustee, and that's what essentially gives the author the trustee the authority to lease the site back to the town.
So the reason that there's a 10-year difference is that if the town were to non-appropriate and decided it didn't want to pay the base rentals in any year, that gives the trustee and the investors extra time to try and recoup their investment.
So they would the town would under the the lease they would have to vacate the building, and then the trustee would be permitted to try to release that building and um essentially recoup those costs.
So that's why there's a difference.
But assuming the base rentals are all paid on time or even um paid early, then those leases all terminate upon full repayment.
Great.
Thank you.
Okay.
Questions?
Uh yeah, thanks.
Uh I just have uh a couple questions.
Um just to clarify so it's basically for 30 years, uh the amount of about 54 million dollars, it not um at 4.9.
So it's basically for 30 years, uh the amount of about 54 million dollars, not um at 4.9, that's what you got.
Um so the payment for 30 years is about 3.4 million, and it stays constant through there.
Um so on slide eight, um, could you help me understand uh item D not to exceed 4.6 million?
Yes.
So um good evening, Matty Pradonovic with Hilltop Securities, we are the town's municipal advisor.
You've probably seen myself and um my colleague Jason Simmons uh at I think a study session uh for those of you that were around last year talking about this item.
Um so item D, the 4.6 million is the maximum annual payment.
So if you were to compare that to the schedule, I believe on the prior page where we're at about 4.4 million, what the parameters are essentially saying is that if we were to go to market and issue the COPs and that annual payment for the combined two series for the total borrowing amount were to exceed 4.6 million, then the town would essentially not be able to enter into that obligation on that day.
Uh and so it's it's sort of creating a maximum annual amount that we're comfortable with, but also that legally we are required to meet in order to issue the COPs because that's what grants that delegation authority that Dean mentioned when he was going through the ordinance, we have to fit all of those those parameters that are on that slide that we have to fit within that bucket for everything, whether that's a maximum annual payment, a total repayment, interest rate, et cetera.
Okay.
Thanks.
And and there's no penalty for early if you know if we pay it off earlier, so municipal securities are typically sold with a 10-year call option.
So unlike your mortgage, where if rates go down at any point in time, you can go back and refinance at a lower rate.
There is a lockout period for municipal bonds that's expected by investors, they want some guarantee that that investment is going to be out there for a period of time.
So we anticipate having uh a ten-year call option, so essentially 10 years from the date of issuance, the town would be able to refinance or pre-pay without any penalty that on that date or any time thereafter.
Okay.
Thank you.
Okay.
Other questions, Council Member Roconnor?
Thank you.
Following up with Councilmember Mortalara's question regarding the early payment, can you pay?
Well, just so the on the preliminary estimate, it's coming in at about 3.4 million.
Correct.
Can you pay twice that if say you conceivably could um and you can sort of put those ones in escrow and what we would call defees, future payments essentially, but it's not very effective, like it's not a great use of your money candidly.
Um, so you could conceivably set money aside.
What I what we typically suggest for folks that we have clients that are looking to do that is internally, you would essentially kind of create a reserve held somewhere that you would, you know, if you have an extra as an example, if you have a surplus operating surplus one year and you say, Oh, there's two million dollars, we'd really like that to go towards that prepayment when those COPs are callable, then you would just sort of designate that within Sarah could speak to the fund designation much better than I can, but you would essentially you know allocate that as an assigned reserve or something along those lines within maybe like your capital fund or something like that, so that when you actually go to refund those COPs for interest rate savings in the future, then you can apply those funds at that time.
Okay, that makes sense.
Um and and help me understand this.
So it's the estimates 3.4 million a year.
Um with a maximum of 4.6, and we wouldn't know that until the it's issued.
Correct.
Yes.
So we are um, I know I think in the the presentation we had a targeted pricing date in mid-February, but I think after some conversations um with town council, uh, where we need to bump that out a bit to comply with the charter, I think folks can weigh in.
Yes, so to meet the 45-day notice, I think, requirement.
So we actually are going to probably price on March 3rd.
So technically we are subject to interest rate volatility between now and March 3rd, uh, until those interest rates are actually set and locked.
And then at that point in time, uh, those interest rates are set and uh risk at that point will actually transfer to your underwriter, which is CEFL Nicholas for this transaction between that period of pricing and closing, and then on that closing date, which will be about two weeks later is when funds are actually delivered.
So, yes, you are subject to some market volatility in that period that said that would be a lot of market volatility to get from 3.4 million to 4.6 million.
I also will say that um this is a parameters ordinance, it does not require the town to do anything.
Um you do not have to issue these COPs.
So if something from a market event were to happen between now and that first week of March, we would typically you know hit pause potentially, depending on what that is, if interest rates skyrocket and we don't think that's in your best interest to proceed with the transaction of that time, then we would hit pause.
You have a reimbursement resolution in place, the town can continue to spend with anticipation to get reimbursed with COP proceeds at some point in time.
Um and typically, you know, when we have seen market events like that, usually in a worst case scenario, it that would be the case for about a week or two, and then the market kind of re-engages and and things calm down and settle down.
Okay.
I'll also add that if for some reason it is you know significantly higher, I would not make that decision in a um vacuum.
I would certainly come back to council to have a discussion.
Um so just to be clear, I would not ever approve 4.6 million without discussing it with the council.
What's your thought on how high would you go if that were coming before count?
Because that has to impact our budget for the next few years.
This jumps up on another million or 1.3.
Yes.
No, it's a very fair question.
Um, I think I would prefer um to stay right around that um three just shy of 3.4 at the most, because we know we have flexibility in our budget.
Um again, these are the highest estimates.
So this is you know, also saying that the PD building comes in at that full cost of 47 million.
Um so you know, uh we're also seeing interest rates dip slightly.
So that's also moving in our favor.
Um, so I would really like to see them very close to the estimates.
And it seems that we're trending in that direction.
So and again, unless there's a huge event that we really need to make sure that the council's involved in that, um, I would certainly bring it back.
Okay.
And and that the 212 million dollar um, what's the terminology for it?
212.
Yeah, you requested the same thing.
Or do you want it?
Go for it.
Sure.
Yeah, the that's the question I had.
So the language in there says uh combined total amount uh total repayment amount of base rentals may be payable to the town pursuant to the lease of one or more certificates shall not exceed 212 million.
So I get I'm confused by the one or more because if it's one, I mean, that's what why is it worded that way?
So there's uh there will be two series issues related to this because we have to designate between the tax exempt and taxable.
I think at the time that we were doing some of these parameters, there was still some uncertainty around what exactly was getting included, the costs of each of the components.
So, like for the mine mitigation particularly, um, to allow us to kind of there's a reason why all these parameters are collective between the two series.
So that's why you see one or more in some of this language rather than designating the series A, the tax exempt series have these parameters and the series B taxable parameters have these parameters.
That's to provide flexibility so that you know, as Sarah mentioned with the rec center, um, if we can move some of those funds actually back to the tax exempt side, that obviously is a benefit to the town from an interest rate borrowing perspective.
So that's why it says one or more series, because you're you are authorizing the issuance of one or more series.
We anticipate two series in this instance to designate between the taxable and tax exempt components.
Okay.
Okay.
Was that remote or did basically I'll also say if you review the POS, which I know it's a massive document, um, but it does designate the A and B.
So you can see which series we're anticipating.
Okay.
All right, I'm coming back to Councilman O'Connor to see if all your questions are asked.
Well, um, I just have one other, and that has to deal with the um the actual lease agreement.
If if it is in theory paid in 10 years when it's can be callable, does that lease end at that time or does that also terminate the lease?
Yep.
I'm sorry.
Yeah, that terminates the lease.
Okay.
Okay.
Thanks.
Okay.
Councilman Professor Mellon.
So the question I have is um So you said it locks up some 4.9 interest rate in Mars down frame.
So our current interest rate assumption, um, our net effective interest rate, which is related to that 5.5% parameter is about 4.66%.
That's our essentially current estimated borrowing costs for the town.
That is subject to fluctuation between now and our current pricing targeted pricing date of March 3rd.
Once those certificates, um, those are actually priced through an order period.
So your underwriter Stefan will go out to um public market investors and offer essentially um, unlike a mortgage where you know you have one large investment, they actually sell these in individual serial maturities.
So each year actually has its own ability for someone to purchase.
So your 2025 seven maturity, 2028 maturity, et cetera.
Um, so they will go and take orders for each of those maturities through an order period on the morning of March 3rd.
Once those are set, that certificate purchase agreement that Dean mentioned, that is what X is executed between the town, the trustee and the underwriter.
And at that point in time, your interest rates are locked and set and will not change.
So we will have a final interest rate and know your final payments.
So since this is subject to market volatility until then.
Yes.
Let's assume after March, if it goes down, do we wait to have to wait until 10 years?
Yes.
Okay.
Yes, I will say from an overall market perspective this year, we are anticipating tax exempt rates to be relatively range bound.
Um we, you know, I know there's a lot of conversation around what's happening at the Fed um with interest rates and potentially those going down.
What I will say is when that occurs and as those conversations are happening, those are actually already priced into our market.
So the expectation of what's happening on the federal reserve level is already sort of anticipated, um, much like it would be in the stock market as an example.
Um, and actually what causes volatility and was when, as you might expect, the opposite happens of what's already baked into the market, right?
Um, and then also what I'll note is the you know, Fed Reserve rates are really short-term overnight rates.
Um, so they have a very minimal impact on our market um and tax exempt rates, particularly.
Ours is much more driven by overall market dynamics and you know, CPI reports and labor data and all those types of things, more so on a um prospective basis of where we think the mark where generally people think the market is going.
Um, given where we are today, um, there's obviously a lot of uncertainty and sort of the geopolitical climate that we operate within.
That said, um, other than some major market moving event, we don't anticipate rates to materially really change this year.
Yeah, the question is uh if are there any options if it's go down uh other than waiting for 10 years?
No.
Thank you.
Okay.
All right.
I guess I got one other task, and this might be to get a couple, so I just want to make sure everybody else is done.
This might be for deputy town uh manager Hammer or director Bollinger is the uh how do we know where we're gonna mitigate on the rec center side?
I know with the the commercial side, we know if we follow the plans with those buildings gonna be placed, we know where the mitigation is gonna happen.
How do we know if there's no Lu Luke will give you an update?
But one of the uh agreements that you approved this evening was uh further geotechnical with CTL Thompson.
Okay.
That'll help with that investigative piece.
And uh Luke, my thing to add?
Luke Bollinger, director of parchment recreation, what deputy town manager.
Yeah, so once that initial investigation is complete, then we'll know the uh the severity if for lack of a better word of of how we need to mitigate the underground.
That the the lucky thing on that side of the road is we're not planning any structural foundations like you would in the building.
It's more for hardcore services or what we what we could expand on that side.
So we're not necessarily planning any major structures like an anchor grocer or buildings, like pickleball courts.
So it'll be less, much less uh mitigation on our side.
Okay.
Is there gonna be does it need to be as strategic as the commercial side where those no, because you're not you're not planning building foundations and things like that.
Okay.
It's it's not a uh heavy of an over excavation process for hard courts, hard support courts versus building foundation systems.
Is that entire piece of land just gonna be based on the geotechnical work, just gonna be overall mitigated or I think that will come with the CTL Thompson?
No more recommendations.
Okay, thank you.
You're welcome.
All right.
I've got a couple questions for you.
Um let's see.
Uh the first one was you said uh you went to Moody's um for the bond rating.
Um I know that we're about ready to pay off the rec center bonds, which by the way, I got to go to Moody's and Finch in New York City when I was mayor the first time to get Erie's first bond rating.
And so this is kind of exciting to see that get retired and then something new happening here.
So, what happened to our credit rating as they recognize that we're gonna take out this additional debt?
I'm just gonna say we'll know soon.
Yes.
Um, they are taking that into consideration.
They look at all of that in our financials, but I'll let you speak a little bit more to it.
Yeah, so um the town's general obligation bond ratings, which is that original rec center bond, and then obviously the bonds that were issued to build the first portion of the police station, um, carry a rating of double A1 from Moody's.
Um they do not anticipate really, I don't think anything changing aside from the conversation that was had today.
They reviewed the town's financials as recently as last November and affirmed the rating, so we really don't anticipate anything materially changing.
Um I will note that COPs, because of the annual appropriation nature of that obligation have a one-notch distinction from that general obligation bond rating.
So your GOs have a rating of A1.
We anticipate the COPs uh will have a rating, I guess, of AA2 potentially uh well double A2 here because your um police property is the police station, which they deem to be very essential, which is good.
So all right, I'm gonna try to translate that a little bit just uh um up one level, and basically the rec center is being paid for by property taxes that are dedicated by the voters to say this money has to go to pay for them.
So the risk on those bonds is pretty low because you've got an ongoing revenue stream.
Essentially the strongest credit pledge you can give.
There you go.
And the COPs here are um they're subject to an annual appropriation that any council in the future could say, yeah, we're not gonna pay that, which I can't see a council doing that, but that is uh I guess a risk that the investors take on, although I think the recovery is you take our police station from us.
Correct.
So what do you do about the undermining?
We're using COPs to pay for undermining.
There's nothing to take.
So what is the undermined ground secured by?
Yeah, so um the lease property here is the existing built police station as well as the expansion.
And so there is an insured replacement value of that existing police facility that is approximately equal to the cost of the mine mitigation project.
And so from that perspective, an investor is is whole from a kind of loan to value perspective.
Yeah, perfect.
Thank you.
Then my last question is um if a citizen of Erie wanted to buy one of these bonds, how could they go about doing so?
Um, yes, if they would like to, I don't know what the correct forum is for them to submit an email to the town, um, but then they can be connected with the town's underwriter to uh discuss uh options to to do so.
Okay, yeah, I'm I would like to see that as public um information on where to go.
Um so I'm looking to our deputy town manager, Mr.
Hammer.
Maybe we can talk with uh Gabby to get something out, that information, and then an email to us and council so that we have that information.
Um I did not um ask for any public comment yet, so I'm gonna do that at this point.
Um is there anybody here in the audience tonight that would like to talk on this particular topic?
All right, seeing none, um I'm gonna close the public comment and I'll bring it back to council to see if there's any other questions before I call for a vote.
All right, do we have a motion to approve ordinance zero one twenty twenty-six?
So I move the motion, I'll take the second.
Second.
All right, we have a motion and a second.
Any further uh discussion?
Seeing none.
All in favor say aye.
Aye.
Aye.
All opposed, say no.
All right, motion carries.
We're on our way uh to expand uh the police station.
Uh congratulations, Chief.
Thank you guys so much, appreciate it.
All right, we'll move on to our next item tonight, item 2026-38, a resolution of the town council, the town of Erie adopting the Americas with Disabilities Act Access Audit and Transition Plan.
All right, and Laurie, I think you're gonna take the lead.
Hi, thank you.
Um, my name's Lori Wisner.
I'm the risk and ADA manager for the town of Erie.
And joining me today is John McGovern and Tatum Story from the WT group, and they're gonna take the lead tonight.
All right, great.
Thanks, Laurie.
Thanks, Laurie, and thank you, Mayor and members of the council.
We're happy to present this final report to you for this.
Seems longer than it was, three-year long project.
And in our content, we're gonna just introduce ourselves, give you a little bit of background about the work that we did, talk about the ADA requirements and how they affect in a different way existing sites and parks and how they treat new construction as well.
We'll talk about the transition plan, the requirement from the Americans with Disabilities Act.
Tatum will talk a little bit about our process and our deliverables, and then we'll close with some strategies and remarks and conclusion.
Please interrupt us if we strike something during the presentation and you want to ask a question about it.
And council member, I believe you had a handful of other questions that we saw by email too, and we'd be happy to address those too.
Okay, thanks.
My career started in local government in New Mexico and worked in Illinois and as a local government employee and certainly in local government leadership as you are.
Left local government and with the WT group formed this accessibility practice, and we've since served more than 700 jurisdictions across the country.
Tatum was your project manager and your background.
Hi everyone, my name's Tatum Story.
Um I'm an MSW.
I have a master's in social work.
I'm a certified ADA coordinator.
Uh my entire career from a graduate research assistant in college to where I am today has been in ADA compliance.
I started with Title I of the ADA and learning all the parameters about employment, and then have worked my way up to Title II and Title III of the ADA, which is what um applies to you all here today, is Title II.
I've been with WT Group for coming up five years, and I was the project manager as John mentioned, so I saw all of your sites and your facilities and your sidewalks and learned a lot about the town all along the way.
So the ADA is a broad civil rights law, and your scope matched that.
When we saw it in 2022, it really matched the Title II requirements.
I'll talk about Title II in the next slide, but the scope for us included evaluating all of the town-owned parks and facilities and right-of-way assets.
We also met with staff to review public facing policies, and importantly, how staff invite, analyze, and then fulfill requests for reasonable modification to support participation by people with disabilities in programs.
As you are well aware, Colorado was the leader here nationally and requiring local governments to make websites accessible.
The federal government has since followed your suit.
And as of about six months ago, that is a federal requirement as well.
So that was a piece of the scope board.
The slogan for the advocates during the discussion and debate about the Americans with Disabilities Act was nothing about us without us.
So community engagement has always been a key part of the requirements within the Americans with Disabilities Act for municipalities.
It's very different for businesses and nonprofits.
So that was indeed a part of our scope during each of the years we did engage the community to try to identify their access preferences and priorities if they had any.
Last but not least, uh the transition plan, which is kind of the centerpiece of the ADA requirements, and then a final report to the governing board here to uh kind of tie a bow around it and set you up for the future.
Title II is the piece of the ADA that applies to everything that the town of Erie does.
So it governs services, it governs public comment at a board meeting, it governs uh how you plan recreation programs, it governs how you design new facilities like this part of the building.
So it's very broad in scope, and again, your scope matched that.
Uh there are a couple of key differences, and one I'll start with is with regard to design and construction of new sites.
So any new site must strictly meet the federal 2010 standards for accessible design or any Colorado requirements that are more stringent.
So during our three-year time here, we did see some new construction that did not meet the requirements.
In our mind, there are three factors that make a site accessible.
One is did the designer get it right.
Second is if the designer got it right, did the contractor do it right?
And we all know that that interface between design and construction is not perfect.
And then third is all about the town.
Did the town maintain what was designed right and constructed right?
So sometimes we see uh that maintenance may be the issue that makes a site non-compliant.
Sometimes we see its design, sometimes we see its construction.
For existing sites, it's completely different.
Existing sites, the idea is not that every part of this room be accessible.
It's that the program or the activity that occurs here is accessible.
So let me make up an example because your meeting room is so accessible that otherwise it wouldn't work.
If you met in a second floor of a building that had an elevator to it, but did not have a ramp to it, and the elevator was down, and I come to the meeting to participate or to make public comment, and I use the mobility device.
You have the option of relocating the meeting for that night.
You have the option of doing it virtually, and I can virtually participate.
So for existing sites, you're giving you given more ways in the Title II regulation for how you can make that program or that opportunity for me to make public comment if I use a mobility device, uh something that is available to me.
That is also part of the evaluation of existing sites.
We are pretty diligent at existing sites.
We don't take anything for granted.
We evaluate every single thing that we see in a room or at a park.
And as I mentioned earlier, we follow the federal standards and the Colorado standards, but we also do address smart practices.
The standards are incomplete, even though they are 225 pages long.
In particular in the area of parks and recreation, there are still some things that either are not cited as final and enforceable or that could be improved upon.
So we include those and in our reports, those are all tagged as smart practices.
We talked about the program access test uh earlier.
I think the third bullet point is important here.
The Department of Justice is really clear that with regard to existing sites, not necessarily every existing site must be accessible.
So when we apply the program access tests, uh we give town staff what we call the park grid.
And the Department of Justice has for 35 years avoided giving you a ratio or percentage of the same type of site that must be accessible.
We're not the Department of Justice, so we're comfortable telling you that we think a minimum of one of every three of the same type of site should be accessible.
So if you have nine tennis courts, at least three should be compliant with the notion that as you replace the fourth one in 2027, it's new construction, so it has to be fully compliant.
So now you're at four of nine.
The year after that, you do another one.
Now you're at well over half.
So that's our advice throughout all of our reports.
Um the Department of Justice is also not been crystal clear about the schedule that you can take.
Uh the advice if you called the Department of Justice hotline and said by what date do we have to make all the retrofits to make our sites accessible is pretty simple.
The answer would be from DOJ that you have to do it as soon as is possible.
And that's just not helpful from a planning perspective.
So we stretched it out, and in our recommendations to you, uh, we put your phase one, phase two, and phase three tasks at about 16 years.
So that stretches it out at about four million dollars at about 250,000 a year.
Tatum, how did you do this work?
All right, so John talked a little bit about our process already.
It's very detailed.
Um, we audited every single park and facility and trail and sidewalk for parks and facilities, it starts in the parking lot.
We use a smartphone with audit checklist that we've created on them.
Um, and the checklist for parking, for example, has 40 questions.
If I find a deficit, say that there's a slope in the parking stall, I take a picture with the app.
Um, I note where the parking stall issue is and what the issue is.
I take a reference photo as well.
So every deficit that exists in the town of Erie has a photo associated with it.
Um then, you know, after parking, I go to the route to the assets within the park, and it's looking at every panel of sidewalk or pathway.
Um, once you get to a playground, we do the playground checklist.
It's probably about 40 questions as well.
Um, so all's to say it's a very detailed um report that you receive.
And the intention and purpose with that really is that if it's sat down for any time, somebody else can pick it up and know exactly where the deficits are and understand where they can take it and utilize it in the future.
John mentioned we use the 2010 standards and any Colorado requirements that are more stringent.
We use a two-foot digital level to tell us the slopes of spots that we're checking, a tape measure, and then a door pressure gauge that tells you how heavy a door is to open and close it.
It's all written in that app.
So the app turns everything into site reports.
Site reports connect to the citations that we're citing to.
So it'll tell you to, if this table were too high, for example, it's gonna tell you to lower the table to the right height.
Oftentimes there are figures associated with it.
So if the access board or department of justice has any figures, we connect those to the report as well to help whoever's looking at the report kind of understand what they're looking at.
Um and then all of the site reports put together all of the deficits turn into the transition plan.
So there we go.
So a little bit more about the transition plan.
The Department of Justice does require four specific things.
One, it has to identify every deficit at every site.
Two, it has to recommend how that deficit will be treated.
So I'm not phrasing it that way on purpose because not necessarily every deficit has to be retrofit.
Three, it has to identify a schedule for retrofit, so we include that within our phasing, and then fourth, it has to indicate the responsible official who is sitting to my right.
There's also, of course, the fact that no town can have a transition plan without having an idea of the cost.
So we always include cost references for planning purposes, and that was part of the RFP.
I do think it's important.
Just kind of I think one of the questions council member asked uh by email to note that there is some research.
There are about 89,004 units of state and local government.
There is some research that shows that only about 13 to 15 percent have completed transition plans.
And I think there are a couple of reasons why.
Uh one relief under the ADA is injunctive in nature.
So this isn't like a safety issue where somebody becomes seriously injured, and the town is looking at a multi-million dollar issue.
Instead, it's the town is looking at a court or a federal agency coming back in and telling you you have to do the transition plan.
So I think that that has contributed to some jurisdictions not doing this before this time.
Uh I think it's worth noting that you are, at least on our knowledge, the first in this general region to do this, and you're probably aware that some of your neighbors uh have since picked up uh and started transition plan activity as well.
Um I think the next slide talks a little bit about our about the right-of-way priorities.
The Department of Justice wants you to do the heavy lifting with regard to parks and facilities, but regarding right-away, they have kind of preempted that decision making for you.
So the Department of Justice is really clear that the highest priority for right-of-way uh compliance is right-away assets that serve Title II entity sites, so public school district sites, uh, any county sites, um, town sites, uh, a state university is another example.
Uh bus stops or transit stops.
So those are the number one priority.
We generally recommend that you try to blend that priority with severity, and there might be a situation where the second priority public accommodations, businesses and retail centers have a more severe need, and a local government site has a less severe issue, and so maybe that shuffles the priority uh approach.
Third priority is places of employment, and then the fourth priority is other, which is very broad.
It includes everything from residential areas to private clubs to places of worship.
Um, I think that certainly a town can adjust the priorities to meet your own goals, but for right-away assets, there's got to be a pretty clear rationale as to why you're not going to stick to the Department of Justice guidance here.
Okay, so some of the deliverables are really all of the deliverables we've provided with this are the 27 access audit site reports.
Those are all of the parks and facilities.
There's a program and policy report that details the information provided and recommendations related to the staff interviews and policies that we reviewed, the transition plan and pivot table, of course, the final report, public right-of-way data set and transition plan.
So all of this data is also GIS, and the shape files have been provided to the town as well, so it can be mapped and played with and GIS.
Community engagement and staff training.
So John mentioned that we did community engagement three times for the town each year for the project.
Each year that we did it, we also did a survey to seek feedback, and the raw data is available for the survey as well as a survey report that really analyzed the data.
And we're doing staff training tomorrow.
Thursday.
There so yep.
So strategies.
I think the first one is obvious.
Build and maintain strong relationships with the communities of people who have disabilities.
I think we've all come to realize that if I have a child who uses a mobility device, my interests are completely different than if I myself have a hearing impairment or a vision impairment.
So every community is different.
But maintaining that relationship, attending their meetings, asking for their feedback is really important as you move ahead.
Budget funds for this every year and make sure that you expend funds toward the transition plan projects.
So we have seen from Puerto Rico to Los Angeles to Chicago to Pittsburgh to Denver to Dallas to San Antonio to every other size jurisdiction, their own residents bringing enforcement actions against them.
So I think you know being proactive about this and doing it every year is certainly a way to address that.
My mom told me not to brag about what we do right, but I think this is a time that you want to ignore the mom voice in your head and tell the community what you're doing right.
We saw a lot of things at Erie sites that were really well done, that were very well thought out, uh, that were ahead of the curve.
Um we also saw some things that need some work, and I think one of those is trails.
I mentioned that the standards are incomplete.
There is not a final and enforceable trail guideline today.
So by far the single biggest cost issue that you saw in the reports relates to trails.
So the general idea here is that if the town feels it's important enough to provide trails, you have to have some trails that are accessible and usable by people who have disabilities.
I think I'd end this slide with just a an observation that exceeding the minimum requirements is always good.
There's a huge demographic wave upon us.
By 2029, there'll be more people over 65 than under 18 for the first time in history.
And that's important from an ADA perspective because if we pulled everybody in the room, approximately 13 or 14 percent of us have a disability.
For people over 65, though, it's three times that.
It's 45%.
So you know ERE better than we do, but as ERE ages, you're gonna have more people who have a disability or acquire a disability, and they're gonna want to continue to use ERE programs and facilities and services.
So I think it's important to exceed the minimum requirement.
If you are looking at a requirement for only one accessible parking stall, there's nothing that says you can't put two parking stalls there.
I'll also add that one of the other deliverables is a task tracker so that the town can use it to really track the transition plan.
It's a usable working tool that has um columns where you can fill things in and really keep track of that transition plan.
And a lot of the findings are zero or low cost findings.
So I won't put a percentage to it, but many of the findings are training staff to relocate garbage bins, things like that.
So just in closing, as far as what's next, accept the report, direct staff.
I saw the resolution that matches exactly the advice that we would give.
Uh it's important enough to say it again.
Do be sure to annually budget and expend for transition plan uh efforts, and then staff continues implementation.
Like I said, we saw a lot of really good things here, both from a facility and park site perspective as well as a program and policy perspective.
And we really want to thank Laura.
You were great.
If we had a question, and we did have a lot of questions.
If Lori didn't know the answer, she got the answer and got back to us within a day or so.
So it was great to work with you and all the rest of the staff team.
We'll stop there.
We didn't get any questions while we were talking, so can we answer any now?
All right, great question.
I'll bring it back to council and we'll see if anybody has any questions.
Councilmember Bear.
Yeah, thank you for the presentation.
Thank you, Lori, for championing this.
Um we got an email answering some of your questions earlier, and it sounds like but for your efforts, maybe we wouldn't be tackling this.
We're the first in the region.
That's really exciting to be able to lead in this effort.
Um I had a couple of questions.
Um, one is on I forget which slide it was, but on the slide, um, where it was talking about the estimated time to become compliant.
I think you said 16 years.
I'm just wondering if you could clarify that.
16 years, and it would cost 250,000 a year per for investment to become compliant.
Is that right?
We ballparked your park and facility retrofits at just under four million.
So at 16 years, I think my math is right.
That's about 250,000 annually.
Okay.
So obviously, a lot of other factors could affect that.
Uh maybe you do more in one year than you do in another year.
Um maybe you've got a good relationship with contractors, and so your bidding is different, or maybe other communities are looking at the same contractors and your your prices go up.
But it's a fair reference for planning purposes.
Okay.
Yeah, that's I think that's a good sort of dot on the horizon for us to be thinking towards as we're looking at budgets.
Um, so and then so the task tracker that you were just talking about that task that keeps track of the transition plan.
Is that a public-facing tool, or is that gonna be you know, internal?
That's a good question.
That's a good question.
We'll certainly be exploring.
I don't see why we couldn't, you know, post a version for the public because we definitely want to be accountable there.
Yeah, I was just thinking that as we're encouraged to brag about what we're accomplishing, it'd probably be good for people to be able to go out and look and maybe for other communities to see as well as they're kind of embarking on the same kind of effort.
Um yeah, so and then my last question is um about the relationship with our disability community.
Um curious if you were able to plug in.
I think I went to uh an outreach meeting probably three years ago.
The first year, yeah, I remember.
Um, and at that meeting, there weren't a lot of people in the room with us, but um, I'm just curious if you were able to you know, kind of meet that nothing about us without us effort, pull people in and hear from that community.
Certainly I have over the ensuing years.
Um, just curious if you were able to connect.
I'd say our survey really helped us a lot.
Um, the first year we didn't actually do a survey, and we kind of left that one being like, how can we make this better and reach more people?
Um the survey helped us a lot.
We got a lot of feedback from that, um, lots of written responses that gave us a lot of insight.
Um, and the in-person meetings were helpful as well.
Um we did the first year was about parks and facilities, the second year was about public right-of-way, and then the third year kind of encapsulated all of that stuff.
So the second year we did get uh a good amount of people coming to talk to us about a lot about safety, so it kind of was out of the scope.
It was parents concerned about safety at school crossings and things like that.
Um, all the data was you know taken down and is included in the reports as well, but it's it's a it's a nuance to juggle safety when we know accessibility, and it's and they're two different things in some ways.
So I do we can't let that question go without talking about uh perhaps one of the most unusual and exciting community engagement events that we had for any of any of our other municipal clients.
We had uh group of Girl Scouts come in, and they were really enthusiastic.
I I think that session went longer than what we had scheduled.
They had a lot of questions, they all knew more about disability than most kids that I have met, or at least most kids that I think know.
So I was really tickled with the way that went.
So that was a fun meeting, and I think they're planning on doing a project of some sort related to what they learned at the meeting, so very exciting.
I love to hear that.
I was a Girl Scout Troop Leader.
So maybe their bronze award or silver award or gold award.
That's so great.
Um Girl Power.
Um so well, I mean, I'm excited about this, and I'm excited to see how we can continue that good connection and engagement with our community.
We have, you know, the rec programs and we have the families through the um Sandlot League.
And um I I think just somehow getting the message out to the community of how to find us and how to get a hold of your department or access the transition plan tracker.
Um I think that's just that'll be really helpful.
I'll add that some municipalities will make the the transition plan available upon request just because it's a lot of detail.
We looked at um not here obviously, but we we look at detention facilities in some municipalities and some don't want the details of the spaces out there or employ employment spaces.
We also look at employment spaces, so it'll tell you like the room number um of any office that we audited, maybe even their name.
So it's just make sure you do a fine look before you to make sure you're good with what's being put out there.
Yeah, that makes sense.
Thank you.
Go ahead.
Uh councilmember Mortalero.
Yeah.
First, uh Lori, thanks for identifying this as a concern when you were hired on and uh championing it.
Uh if you've been working on it for three years, you had to get in the budget.
So you you've been working on it for four four years.
So thank you for for that.
Um one of the um you know, off of uh councilmember Bear's comment.
Um are there local advocacy groups that we are working with or should be working with the um help to get more um feedback and um you know uh and set helped us set the priorities.
Absolutely.
Do you want me to take this one?
Or okay.
Um we did have quite a list of entities that we did communicate with and try to engage in the community engagement process.
Um most of them we did not hear from, but we did have some very strong voices come also and provide great feedback and great um experiences.
So uh we we are still continuing to work on that though, and we we will continue to work on that.
Yeah, it'd be great to have you know a engaged group that you know on an ongoing basis.
So yeah, thank thank you.
Um and I'm glad to hear there's a lot of areas that we're doing well, uh understanding there's there's still you know a fair amount of work to do, and you know, then to help champion it getting making sure we are putting in our budget every year and addressing uh the concerns because you know, without money you can't you can't do a lot.
So appreciate uh appreciate that.
So um so yeah, thanks.
I I just want to make sure that we keep this as a high priority and and uh and and I really appreciate the work and and the comprehensive yeah report.
So thank you.
All right, councilmember Hope, anything tonight?
Uh yeah, just briefly um thank you very much.
Um I know council has received phone calls and emails about concerns about ADA compliance and issues, and so it is it is at the forefront of a lot of people's thoughts.
And uh council member Bear and I um are are are hooked into one of our um group mentioned here, the 65 and older.
Um she and I both help serve lunch.
Um we serve a hundred lunches basically every Thursday at the Rec Center.
And uh speaking of advocacy groups, it was suggested that maybe we start a um senior citizen uh active adults, I guess we're called.
Yeah, and I do mean that we um advisory board um uh to to engage uh even more so uh that might be the thought too.
So thank you very much.
It was very helpful.
Thank you.
All right, I'm gonna go all the way down to the other end.
Council if that's right.
No quick.
Okay.
Thank you.
So just so I understand this that the four million is for the parks, parks and facilities, parks and facilities.
Yes, okay.
Um over 16 year period.
In the report, it mentions our total cost of our total of all cost references is 40 million.
That's the we we count phase one, two, and three as the items that we believe you must address.
Phase four includes trails, which is not yet final and enforceable.
And so that's where by far the biggest cost number was.
Okay.
And then John also described that program access concept.
So we took an inventory of everything that you have, anything that was repeating or recurring, so playgrounds, for example.
We're recommending you leave some as is.
They don't need to be made accessible.
We put all the category, all of those, you can leave these things as is into a column that we call town option.
So 40 million is recommended or not recommending, it's referencing you fixing every single thing, stuff that's not final and enforceable, all the stuff we're saying to leave as is.
We have it broken into columns so that you can see that that fourth column is really the option column where it's kind of the money that you're saving.
It's the stuff we're saying you can leave alone.
The fifth is that smart practice piece.
So does the four million cover us, or do should we be budgeting more per year for the next 16 years?
Should you?
Should you um from our perspective, the first three phases include things that were either designed or constructed wrong, so that's kind of a double fail, and then low-hanging fruit.
Okay.
Uh the second phase is things that are new to the standards.
So playgrounds, sports fields, golf courses, swimming pools, uh, those became effective on March 15th of 2012.
So even though that's 14 years ago, it's still new ish to the 1991 standards.
And then the third phase is things that are more complex or costly.
So as Tatum was saying, the fourth phase is where we have trails, it's final, they're not final and enforceable.
But the catch here is that as I was saying when I was talking about the trail piece, the town clearly feels that trails are important.
So if you make that opportunity available, it's just like public comment.
If you make public comment available, it's got to be available to somebody who has a disability too.
So the same would apply to trails.
So even though it's not in one of our first three phases, um, it's still an issue that we think you should address.
Okay.
Does that help?
It does.
It's just wanting to understand that that to your point.
Raise your hand if you'd like more black and white clarification from Washington on this.
But the uh well, it's it's just so to your point of making sure that we're budgeting money every year to come into compliance with this is I guess my my question is is that enough?
I mean, we tried to give you an option or two in the discussion on trails and the final report.
We have a client in uh Arizona who very difficult train, it's in the Tucson area, and they wanted instead of trying to retrofit their existing trails, they wanted to build trail loops in relatively flat areas.
So they added miles to their trail network, but they made sure that what they added was compliant.
Okay.
So that's another way to do it, and that's probably a less expensive way than trying to build up a mountain because you have different you've noticed this.
Okay.
Thank you.
That makes sense.
Thanks.
All right, Mayor Pro 10.
Thank you.
Um actually I'm gonna so Luke doesn't have to come up from the back of the room.
I'm gonna direct this to uh Patrick here.
Uh with the program that we had for um for the HOA park improvements, would that cover some of this so that the money here is being used mainly for um stuff that we own or improvements there?
Yeah, and I think this is actually probably a good uh segue.
We have Luke and John Ferruzzi who can both probably talk a little bit about staff's future plan through the budget process to make sure that infrastructure going forward um encapsulates what we're learning as part of this process.
So I think the short answer is yes.
Um I think any time that we're looking at capital infrastructure, this helps us automatically build in that lens of uh making sure whatever we do now is is capturing the the most current standards.
Um Luke can probably chat a little bit more about the parks and rec and then um I know we've got one more item after this plus a couple of exec sessions, but if you do have questions specific to transportation, uh we did ask Mr.
Fruzzi to be here as well just to give a little snippet on how budgets are integrated in going forward.
Sure.
Thanks.
And I think uh Mayor Pro Tembell, your question on the ENET program that you're in neighborhood improvement program, those funds are for HOAs, and I don't think any of our reporting uh looked at those okay, those pocket parks.
So those funds could go towards projects at those parks, it's just not in the reporting and not part of that.
Right.
Four million or eighteen point two or eighteen point two million dollars in the report.
Yep.
All right.
Thank you.
Um that's really question that all right.
Um John, do you want to come up and maybe just give a snippet on how you'll integrate this into the transportation work you do?
And as and as John does this, I might John ask you to also keeping it with celebrating.
We actually have current improvements underway that the public or council could drive by in real time if you wouldn't mind sharing.
Sure.
John Ferruzi, Transparent Mobility Manager here at the town of Erie.
Yes.
So as part of the process with uh the information that has been produced through Lori and her team, we've actually been proactively looking at that uh specific list of information, trying to understand where we can find opportunities as of last year to start programming in and budgeting for the uh ADA type of upgrades and needs that are coming out of the audit that was completed.
And so uh as part of that process, uh we we actually came uh to council with uh 2026 budget request, added a budget line item for ADA that starts this year uh for with 100,000 um and then continues with um future planned increases in that amount to continue our efforts to bundle essentially improvements as part of our existing CIP projects.
And so, for example, we have currently a project that's active on Vista Parkway.
That project was previously planned.
We're peppering in the improvements related to ADA as part of that process.
Bundling helps us with the acceleration and completion of the transition plan.
And so that goal of bundling projects, adding money to them and completing what's on the ADA list.
We'll we'll continue to move forward as we continue our work uh on the CIP side of things.
Um it comes to uh budgeting, of course.
You know, it's it's great to have additional dollars added to line items related to our capital improvements, so we can therefore program those into uh the work that we do, either uh through independent projects or through additions to other projects.
Uh, but it's also worth kind of considering how much of that work um you know would require, for example, staffing resources and other things.
So we're we're trying to start small and incremental for that reason and then continue to build momentum to complete what's on the list in the ADA transition plan.
So kind of a holistic approach is what we're taking and having those conversations.
Certain low-hanging fruit items are part of also the 2026 uh effort.
We have already um looked at, for example, traffic signals that have um uh deficiencies with uh audible features and our list is ready to go.
We requested 2026 dollars for traffic signals.
We're gonna bundle those into the from what we have here in our ADA transition plan into the traffic signal work that we're already planning for 2026.
So that's the the kind of effort that we're um moving forward with.
And each project will each new uh capital project will always include the most up-to-date ADA standard as well.
So anything that we have as part of our major investments will also incorporate the latest standards.
And then from a parks and recreation perspective, I think John said it really well is when we when we know we have capital projects.
So for this year, we're looking at coal miners park.
We'll we take that list and we build in some extra budget to address some of the low-hanging fruit within that site.
Uh a recent example uh that that we just had, we know we just replaced the playground at Reliance Park, and then we we took the audit and we said, well, where are some of those low hanging fruit?
A lot of the concrete work, things like that, the gaps that we can easily address while the contractor's on site.
So that work is ongoing.
Um, and uh for future projects, you know, we'll we'll budget in funds as appropriate, you know, as it relates, especially the playgrounds, because a lot of the playgrounds are pretty easy.
And I know one of the recommendations in that report was to transition away from engineered wood fiber, and that is something that we are looking at system-wide is how can we do a better job in incorporating more of the port in place uh surfacing in our in our playground areas.
If I could add to that too, I mean Luke made and John both.
Don't put the transition plan in a silo.
It works better if as you look at your capital plan and your uh parking lot replacement and playground replacement schedule that you're also integrating the transition plan activity.
So I think that's part of the benefit of the task tracker is that you can see how it might mesh up with other projects that you have.
All right.
Great.
I'm uh I'll wrap it up here and then we'll see if we have a motion.
Thank you for coming up.
Um I think first off, this is uh really really important work.
Um I used to work at Boulder Valley School District.
They started this a number of years ago, and I was involved with uh the discussions and and the um the start of that project.
I also work at a public university and responsible for the websites and all of that, and so I'm I'm well over that.
But uh maybe more importantly is my wife is a physical therapist in the school district, and she um actually has students here in Erie that have special needs and the playgrounds especially uh I think will be important uh for that.
We have a neighbor who's blind, and um actually one of the the crossings, I think it was uh going over to nine mile, which he could walk to um was upgraded so that he could get across safely.
So I'm well aware of of individual cases, and you know, that's just the tip of the the iceberg.
Um I'm almost in that 65 group, and I think that statistic you said earlier, it triples, I think our disabilities as we hit that um that age and beyond.
And so uh really really important work uh to be done here.
So thank you.
Thank you, Lori, for leading it all.
All right, I will see if there's a uh motion to approve resolution 2600 seven.
Mayor, I would like to um as a as a member uh family that is a member of the ADA community.
It would be my honor to move to accept and adopt the Americans with Disabilities Act access audit and transition plan.
All right.
Um that's a motion to approve resolution and 2600 seven.
Exactly.
Okay, just making sure for the record.
Do we have a second?
Second, second.
Motion second.
Any further discussion?
All right, all in favor, say aye.
Aye.
All opposed, say no.
All right, motion carries.
Thanks.
Thank you very much.
Thank you.
Thank you.
All right, we'll move on to our last um public item for tonight, and that's 2026 14.
A resolution of the town council town of Erie approving the distribution of funding through the 2026 grants to communities program.
And I'll turn it over to Meredith.
Good evening, Mayor and Council Meredith Newth, Director of Administrative Services.
Um I'm here tonight to discuss the 2026 funding for grants to communities.
As you know, the um town provides funding for local nonprofits for um services and events that benefit local Erie residents.
Uh the applications this year were reviewed by a staff committee, and you have a recommendation in your packet this evening.
Um for 2026, the application requirements were changed based on uh direction we took from you guys in August.
And with that direction, we limited service grants to 12,000 and uh event applications to two per organization limited at 5,000 each.
We received applications requesting total totaling approximately 200,000, which is unfortunate because we had 80,000 to give out.
So um there were some really tough decisions to be made.
Um staff really try to look for where the best use of the money was from in our recommendation, and it allocates less for events and more for services, um, with a particular focus on essential services for lower income residents.
Um for events, staff also looked at those events that kind of have the larger community impact.
So in your packet, you have uh a spreadsheet that shows the recommendation that staff gave.
Um tonight you can either approve that recommendation as presented, or you can move the money around and we can do something slightly different.
That's really up to you guys this evening.
All right, thank you.
I have appreciate the work on this.
When I saw the total number um versus what we had allocated, um I know it was an easy job that staff had to go through to figure out what needed to go where, and I know there's lots of parameters you have to look at from the application being complete to whether it it followed all the parameters.
So thank you for doing that heavy lift for us.
All right, I'll bring it back to council to see if there's any questions or a motion uh to approve.
Okay, councilmember Martelero.
I just want to acknowledge I that you know I I it was two and a half requests for two and a half times what we had, so I know it was a challenge, but uh I like you know the services you focused on food, education, and health care, which I think are critical, and then the events were you know the legacy town events, you know, biscuit day, Erie Erie, uh Erie Fest, and the homecoming parade as well as others.
So yeah, I you know I think you know you did a nice job uh you know, just trying to balance it as best you can.
So thank you.
That's what Pastor Millie.
Uh is there any room for to add motors?
Uh it's really up to you guys at this point.
This is the recommendation we have.
If you want to add some money, I think you have to ask Sarah.
We could look at doing a supplemental, or you can move some money around.
Yeah, I attended some of their theaters and they tried to do a very good job of bringing people together, and which is what we need in Erie now.
And I feel like the council should think about allocating some money.
I I will say that I believe last year you allocated a little bit more than what was in the budget.
So we could probably do that.
It's up to you guys.
Yeah, I'm I'm just a little hesitant to start doing onesy twos because I think all of us can fix something else.
Although I agree with uh Councilmember Pestromelli that what um MODIS does, um I was able to participate this year and it was a wonderful event.
Um also we did it last year, so just wonder to see if there was a room for it.
So I'm sorry.
Yep, go ahead, Councilman Bear.
Um yeah, I was just going through the list, and there's so many great um organizations that certainly we want to you know support.
Um I'm I'm just curious as I look through this list how do we do all of it?
Um like going forward, I think that you guys did the hard work for us, and um you came up with a wonderful list of great events and services.
Um certainly Col Creek Meals on Wheels and Sister Carmen are are growing needs in our community, and we should be um funding those to the best of our ability.
Um, but then MODIS was so great, and play education foundation is so great.
And I see that seeing that baseball league um requested some funds, and um, you know, I'm just curious how we can in the future based on our um you know regulations that we lined out earlier.
Are there ways that we can look at I don't know, do we need to add funds?
Do we need to add categories?
I hate to make it more complicated than it needs to be.
Um I think if you guys have criteria you think like I said, staff really focused on services for lower income residents.
Um if it's something you wanted to say, for example, the adaptive baseball, if that was important, it's just really hard every year.
I think we're gonna get more requests than we have funding for.
Um I would say for 2027, perhaps staff might come back with a slightly higher budget request, and maybe that'll solve some of it.
But again, it every budget year is gonna be hard.
The more money we have, the more requests we're gonna get.
Yeah.
Sure.
Do we publish the list of both those we funded and those we did not fund?
Uh we do, we put that on our website.
And so I asked that because like MODIS, I gave a donation to them, right?
If we published what we were able to fund and we published what we weren't able to find, uh maybe that would encourage some people out in our community to say, Wow, I wish they could have been funded.
Let me help out that type of thing.
And we can add a note on there, some you know, if should you choose to give to any of these and add a link to their website and so forth.
Yeah, yeah.
Okay, and oh, go ahead, uh, Councilmember O'Connor.
Thank you.
Uh thank you for town staff and and you and for going through this list and making the hard decisions.
Um basically following the request of server um funding the services for the unfortunately we have to prioritize, but thank you for doing that.
Um I do have a thought um regarding so during the um Erie Fest, uh I asked how much did it cost to rent the platform?
And that was I think somewhere around 3500.
And I wonder if we shouldn't be looking at somehow funding a permanent stage or a permanent um like in Boulder has uh when I looked into it, apparently it's one of the oldest two in Colorado, it's a band shell.
And looking into finding where we could put the band show if that is in Col Creek.
I I don't remember.
I'm looking at uh director volunteer who could probably tell me where it was planned to put a permanent stage, and would that be the appropriate park and looking into funding something like a band shell because if BBN is spending 3500, I'm sure the chamber's spending three times that on a stage.
And what can look it's like we're funding this for each of these groups when maybe we should be thinking bigger.
And I believe um Luke, you had spoken to us before that that was in, I think one of the plans for Col Creek Park and pulled out for cost reasons.
Is that right?
Correct.
When when Cole Creek Park was in the planning stages, there was an idea of having a permanent structure to function as a band shell/slash stage for the park, but then it was value engineered out of the final project.
We did, however, design the park to potentially accommodate uh a facility of that type.
Now you're not gonna get this giant elaborate but uh uh you know stage or band shell, but there is an option for a future capital project if council would like us to go in that direction and put a permanent structure out there.
So we do have the infrastructure to support that type of activity and that structure.
What were the numbers roughly that um for that?
I I would have I can go back in and see if I can find that information.
I don't have that offhand, but I can find that.
Um cycle before we get there.
I think this would be a good topic for the council to consider um as we go forward.
Fair enough.
Okay.
All right.
Um I'm also conscientious that we have a couple executive sessions, so we've got a little bit more to do tonight.
Um, so I'm gonna see if there's a um a motion to approve resolution 26015 option one, which is the um the option that staff has brought back to us.
So all right, we have a motion and second, all in favor say aye.
All opposed say no.
All right, motion carries.
Thank you.
All right, we'll do uh council member uh report outs, and I think I'll just start on my left and loop all the way around.
Councilmember Bear.
Thank you so much.
Um I guess just to start us off with the item we just discussed.
Um, there's some really great organizations that are listed in the agenda.
Um, and I would encourage the community to go out and look into those and see if it's something that you would like to support, including the Sandlot Um Adaptive Baseball League and the Play Education Foundation in particular, they're um great organizations that serve our community and um MODIS as well.
Um just really great ways to be involved and and um support those in our community.
Um in the last few weeks, or I guess well, it feels like it's been several weeks since the beginning of the year, but it hasn't.
But um been to Dr.
Cog, um went to the commuting solutions legislative breakfast where the governor came and talked about um rail for our plans for our area uh or the northwest corridor, not for our area, but um RTD was there, I got to connect with a lot of uh a local government um representatives, and so that was a really great breakfast.
Um let's see, the town hall ribbon cutting is tomorrow, and I hope the community can come out.
Um, I think it's at 4 30 here at town hall.
Um, and then I'll be meeting with RTD director, Director Binker here um on Thursday um to discuss actual plans for URI.
And um, I'll be speaking at the Transportation Commission and the AQCC on Thursday morning, and the legislature kicks off tomorrow morning, so that'll be exciting.
Um, and so lots of things, it's just we're jumping right back in with both fees.
So um stay tuned.
Thanks.
All right, council member Mortilero.
Yeah, I'd just like to bring up that even though it hasn't snowed much, it it's we're bound to get some.
Uh and uh last year we started a a snow angels program in our development and it's it's working really well.
Uh, we'd like to expand it.
And I just want to throw out there that if you know of uh neighbors that could use help, shoveling is a very taxing um effort.
So if you have a snowblower or uh kids who are willing to do it, yeah, please uh look and see if there's neighbors you can help out.
Sock, anything tonight?
I don't have anything.
Thank you.
All right, council pass from alley.
Yeah, I have one update and uh the NIN community in Erie.
We are celebrating uh festival called Sankranti.
This is where I grew up, and it's a very local festival.
And we have uh event in Erie High School, Saturday, four o'clock to nine o'clock.
Encouraging everybody to come and uh experience uh one music dance to his food, and you get to eat food from where I grew up actually.
That's fun.
Thank you.
All right.
Thank you.
That's Mr.
O'Connor.
So I the town has a um a page on living safely with coyotes in our community.
And a resident sent me Bobcat that is living in our community.
So to add to thinking about coyotes.
Also big cats are roaming around.
So it probably would be advisable for residents to be mindful of their pets.
That's it.
All right.
Thank you.
Thank you.
Um just a couple of things.
Uh one reminder to everyone that uh the next AEDAB meeting will act.
It's been moved to the Thursday, the 22nd.
So uh we'll not be meeting this Thursday if you uh when we would normally be meeting.
Um just wanted to uh alert uh folks in town.
You may have noticed it today, but uh the traffic light on uh Glacier Drive in Erie Parkway is now active, so uh just be aware of that if you're used to going by there because it's out or whatever, it is active now, so please be aware.
Um and um the only other thing I have, and I say this with all due respect to our one Buffalo fan up here.
Go Broncos.
There we go.
All right, we don't need any council uh debates on that one.
All right, just two uh quick things.
Um last Friday, the town manager and I met with um commissioner Scott James.
He's uh one of the wealth county commissioners.
Um the town had a good long discussion with them.
He will be joining the URA board here, and so I think it'll be a good uh good addition, a lot of history.
Well, former mayor, uh former council member, so he is uh he's been around uh this area uh for some time.
Former radio host, former radio host voice he does have an incredible voice.
And then this Friday, um council member Pest Romelli and myself and the town manager are gonna be meeting with the superintendent and um the board chair of Boulder Valley School District to talk about the Parkdale School.
Um and we're uh hopeful that we'll get some uh firm dates on when that construction will start.
All right, with that, I will look for the mayor.
Really quick, just before we wrap up, I want to make sure I've captured our follow-up items for staff, some of whom are in the room.
Sure.
Staff will follow up shortly with council on the Lafferty flooding issue pertaining to uh development over, I believe Canyon Creek 7 and 8.
Council requested follow-up information on the Vista Rid Pond improvements as well as information about bond issuance and the potential of community and or council uh being able to access bonds.
Am I missing anything that council would like us and staff to follow up on in the next uh few days or weeks?
Not from what I uh recall, and um that's a first.
I appreciate that little summary at the end.
I can't I can't I can't be the guy that drops the ball once sounds good.
Brina, any legal updates?
No, thank you.
Legal never has updates.
Not out here anyway.
All right, with with that, I'll look to our mayor pro tem.
Uh thank you, mayor.
Uh, I move to go into executive session.
One to determine positions relative to matters that may be subject to negotiations, develop a strategy for negotiations and or instruct negotiators pursuant to CRS 2464024E, and to consider the purchase, acquisition, lease, and transfer or sale of real personal or other property pursuant to CRS 2464024A, for which a topic cannot be disclosed without compromising the purpose of his executive session, and two to determine positions relative to matters that may be subject to negotiations, develop a strategy for negotiations and or instruct negotiators pursuant to CRS 2464024E, and to hold a conference with the town attorney to receive legal advice on specific legal questions pursuant to CRS 2464024B regarding intergovernmental agreements.
All right, do we have a second?
Second.
All right, we have a motion, second.
All in favor say aye.
All opposed say no.
All right, we will not be returning uh back here.
We'll adjourn after the the uh executive session.
Erie Town Council Meeting Summary - January 13, 2026
The Town Council of Erie convened on January 13, 2026, to address a range of critical topics including public safety financing, accessibility compliance through an ADA audit, and community grant allocations. The meeting featured substantial public testimony regarding flooding and infrastructure damage associated with new developments, as well as presentations on the town's financial strategy for a new police facility and a long-term plan to improve accessibility across parks and right-of-way assets. Council members engaged in detailed discussions regarding bond issuance parameters and the strategic implementation of the newly adopted transition plan.
Consent Calendar
- Approved the minutes from the December 16, 2025, meeting.
- Adopted the resolution for National Radon Action Month (Sponsored by Mayor Pro Tem Hoback).
- Approved a professional service agreement with CTL Thompson for engineering services at the Erie Town Center (Resolution 2026-11).
- Adopted the town's 2026 fee schedule (Resolution 2026-12).
- Approved a fifth amendment to the janitorial services agreement with KG Facility Solutions (Resolution 2026-15).
Public Comments & Testimony
- John Rondash (Lafayette): Expressed strong concern regarding ongoing flooding and septic system failures at his property, attributing the damage to the KB Homes development (Lafferty property). He stated that groundwater levels have risen to the point of rendering his leech field unusable, costing approximately $40,000, and requested an independent hydrological assessment and formal acknowledgment of private infrastructure damage by the town.
- Meg Nofsinger (4242 North 119th Street): Expressed deep frustration regarding the destruction of her home over the past year due to flooding exacerbated by the KB Homes developer. She cited a statement from the Protection Mine Subsidence Program stating that the program will no longer attend to future mined water maintenance issues resulting from the developer's excavation actions. She urged the council to stop the development process until the community's safety is secured.
- Christine Emerson (1600 Alpine Drive): Expressed opposition to the lack of transparency regarding the second golf course pond, arguing that the golf course must continue to water it, making it impossible to drain. She questioned the lack of community notification or presentation regarding the removal of the pond and the potential impact on property values.
- Derek Emerson (1560 Alpine Court): Expressed frustration and demanded transparency regarding the A20 detention pond. He stated that officials have not provided clear information on the plan to remove the pond, which is one acre in size and supports migrating bird life, noting that a previous study indicated the pond should legally maintain some water level.
- Unidentified Speaker: Expressed a position that the public comment period should be respectful, requesting that attendees refrain from clapping, booing, or disruptive behavior to ensure a welcoming environment for all volunteers and speakers.
Discussion Items
- Martin Luther King Jr. Day Proclamation (2026-10): Councilmember Bear read the proclamation, which honors Dr. King's legacy and highlights this year's theme, "Mission Possible 2: Building Community, Uniting a Nation the Nonviolent Way." The Council unanimously approved the proclamation to be celebrated on January 19, 2026.
- Police Facility Financing (2026-39): Finance Director Sarah Hancock and representatives from Hilltop Securities and Butler Snow presented the parameters for issuing Certificates of Participation (COPs) to fund the expansion of the police facility ($47 million estimated) and mine mitigation projects ($5.1 million) at the Town Center, as well as $2 million for the Erie Community Center. The discussion detailed the two-series issuance (tax-exempt and taxable), a 30-year maturity, and an estimated annual debt service of roughly $3.4 million (with a maximum parameter of $4.6 million). Council members discussed the 10-year call option, which allows early refinancing without penalty, and the impact of interest rate volatility prior to the March 3rd pricing date. Councilmember Bear clarified that the town is not required to issue the bonds if market conditions become unfavorable.
- ADA Access Audit and Transition Plan (2026-38): Lori Wisner (Risk and ADA Manager) and the WT Group presented the final results of a three-year ADA audit. They recommended a 16-year transition plan costing approximately $4 million ($250,000 annually) to address deficiencies in parks, facilities, and right-of-ways. The discussion highlighted that while new construction must strictly meet standards, existing sites require a "program access" approach. John Ferruzzi (Transparent Mobility Manager) and Luke Bollinger (Director of Parks and Recreation) confirmed that ADA upgrades would be integrated into existing Capital Improvement Projects (CIP) and that the $100,000 budget line item added for 2026 would be utilized to bundle these improvements.
- Grants to Communities (2026-14): Director of Administrative Services Meredith Newth presented a recommendation to allocate $80,000, prioritizing essential services for lower-income residents over events. Councilmember Pestromelli expressed support for the focus on food, education, and healthcare, noting legacy events like the homecoming parade were included. Councilmember Bear raised the possibility of increasing the budget for future years to accommodate more organizations. Councilmember O'Connor suggested the potential need for a permanent band shell to reduce recurring rental costs for organizations like the Erie Festival.
Key Outcomes
- Ordinance 2026-39: Adopted the ordinance concerning the financing, acquisition, and construction of the police facility and related capital improvements, authorizing the town to issue Certificates of Participation with a maximum principal amount of $54 million and a maximum annual payment of $4.6 million.
- Resolution 2026-38: Adopted the Americans with Disabilities Act (ADA) Access Audit and Transition Plan, directing staff to implement the 16-year retrofit strategy and budget for annual compliance efforts.
- Resolution 2026-14: Approved the distribution of funding for the 2026 Grants to Communities program, allocating $80,000 to support nonprofits with a focus on essential services (food, education, health) and major legacy events.
- Staff Directives: Council directed staff to provide updates regarding the Lafferty flooding issue, the plan for the Vista Ridge detention pond, and the process for the general public to purchase municipal bonds.
- Executive Session: The Council moved into executive session pursuant to CRS 24-64-202 to discuss negotiation strategies and the potential purchase, acquisition, or lease of real estate, as well as to receive legal advice on intergovernmental agreements, followed by adjournment.
Meeting Transcript
To order the town council meeting on uh January 13th, 2026. If you'll please rise and join me in the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America. Indivisible with liberty and justice for all. All right, well, the town clerk, please take roll call. Councilmember Mortalero. Here. Councilmember O'Connor. Here. Mayor Pro Tembell. Here. Councilmember Hoback. Here. Councilmember Passamarelli. Present. Councilmember Bayer. Present. And Mayor Moore. Here. Mayor, you have a quorum. All right. Thank you. Before I ask for approval of the agenda, we're going to pull item 2026-10, the Martin Luther King Junior Day proclamation. It's co-sponsored by Councilmember Bear and myself. Councilmember Bear is going to read that tonight. So with that one change, do I have a motion to approve the agenda? So moved. Second. All right, we have a motion and second. All in favor say aye. Aye. All opposed say no. All right, we have an agenda. All right. The first is 2026-9, approval of the December 16th, 2025, town council meeting minutes. Next item is 2026 48 proclamation national radon action month. And I am sponsoring that one. Item 2026 11, a resolution of the town council of the town of Erie approving a professional service agreement with CTL Thompson for the engineering services for the Erie Town Center. Next item is 2026-12, a resolution of the town council of the town of Erie adopting the town's fee schedule for 2026. Item twenty twenty twenty-six fifteen, a resolution of the town council of the town of Erie approving a fifth amendment to the agreement for services with KG facility solutions for janitorial services. So move. Second. All right, motion and second. All in favor say aye. Aye. All opposed say no. All right. The consent agenda passes. All right. Then we will continue uh moving through the agenda tonight.
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