Town of Erie Council Meeting Summary - February 10, 2026
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And a call to order the town council meeting on February 10th, twenty twenty-six.
Will you please rise and join me in the Pledge of Allegiance?
Under God, indivisible with liberty and justice or all.
Okay.
Councilmember Mortalero.
Here.
Councilmember O'Connor.
Present.
Councilmember Hoback?
Here.
Councilmember Passamarelli.
Present.
Mayor Pro Tem Bell.
Here.
Councilmember Bear.
Present.
And Mayor Moore.
Here.
Mary Am Corn.
All right.
Thank you.
Uh, before I ask for approval of the agenda, there's two items on the consent agenda.
Uh that I'm going to adjust.
The first one is item twenty twenty-six sixty-five, the Black History Month twenty twenty-six proclamation.
We're going to move that on to general business.
And the second item is item twenty twenty-six six sixty-three, a resolution of the town council, the town of Erie, uh, to purchase modules and lamp upgrades from ch Trojan technologies for the North Water Reclamation Facility.
Uh, that second one is getting pulled, and it'll it will come back to us on another agenda.
Uh so with those two changes, uh, do I have a motion to approve the consent agenda?
So move.
Second.
All right.
All in favor, say aye.
Aye.
Aye.
All opposed, say no.
Okay, motion carries.
We have uh consent agenda.
We have an agenda.
Um, I'll go through the uh consent agenda items now.
Uh the first item is uh twenty twenty-six one fifteen, approval of the January twenty twenty twenty-six town council special meeting minutes.
The next item is twenty twenty-six one fourteen approval of the January twenty-seventh twenty twenty-six town council meeting minutes.
Uh next item is twenty twenty-six twenty-one school resource officer appreciation day proclamation sponsored uh by council member um O'Connor and Pessar Amelli.
Uh next item is uh resolution uh twenty twenty-six eighty-five, a resolution of the town council of town of Erie approving a professional services agreement with Colab Architect uh for the feasibility study for a future recreation campus project.
Next item is 2026 102, a resolution of the town council of the town of Erie approving an amendment to the agreement for the professional services with Brothers Redevelopment Incorporated.
And the last item tonight is 20 uh 2696, an ordinance of the town council of the town of Erie organiz organizing the Erie Sports Business Improvement District, describing its boundaries and service areas, establishing the board of directors and approving the 2025 and 2026 operating plan and budget.
With that, I'll see if we have a motion to approve the consent agenda.
So moved.
Second.
All right, motion and second.
All in favor, say aye.
Aye.
Aye.
All opposed say no.
All right, consent agenda is approved.
We'll move on to uh public comment.
And we do have people that are going to um speak tonight.
So please please remember the public comment is not an interactive question and answer forum, but rather a time for you to state your comments on a particular item or issue.
Public comment provides the opportunity to discuss items that are not on public hearing.
So we do have a public hearing tonight.
So if you're here for that, there'll be another opportunity.
Please sign up in the kiosk in the lobby.
If you have a handout, please give it to the town clerk.
Uh they will distribute it to the council and include it into the meeting record.
Um, when called upon, please state your full name and location for the record.
Public comment is limited to three minutes per person.
You'll be given uh 20 second warning when your three minutes are almost up.
At the three minute mark, you'll be asked to wrap up your final uh sentence.
All opinions are welcome, but please be respectful of each speaker to ensure everyone feels welcome to share their comments.
Please refrain from any cheering, clapping, booing, or otherwise disruptive behavior.
All right, with that, I'll move to our town clerk.
Um, first person is Laurel.
Oh, welcome.
Hi, thank you so much for having me.
My name is Laurel.
Um, I'm in Erie regularly uh because of my profession.
I respectfully request that I be permitted to yield my time to Shannon.
Would that be okay?
Yes.
Perfect.
Thank you so much.
Hi, my name is Shannon, and I reside in Thornton.
Um good evening.
Do I start?
I didn't see a clock.
I'm sorry.
Yes, you're okay.
Good evening, Mayor and Council members and members of the community.
My name is Shannon, and my pronouns are she, her.
While I do not reside in Erie due to the economic strains, my daughter attends school in Erie, and I work, and the work that I do that I'm most passionate about brings me to this community every day.
I wear lots of different hats, but I'm here tonight to stand in front of you simply as a mom.
I'm a transracial adoptee, born in Korea, adopted by two white parents, and I am a U.S.
citizen.
I grew up with tremendous privilege, and I moved through the world without fully acknowledging the inequities I faced because I never had to.
And now, as the mother of a biracial child, I'm confronting that privilege and naming the systems that continue to harm children, like my daughter and so many others from marginalized communities.
Some of you may be able to directly relate to what I'm saying, and for those of you who can't, I ask you to imagine someone you deeply care about.
I currently fear for my daughter's safety.
I fear that she could be traumatized and even harmed simply because of how she looks.
I fear for my own safety, and I'm constantly worried about having a negative interaction with federal agents.
These fears may sound irrational to some, but they are the lived reality for many people of color every day.
The silence in our town on these issues is disheartening.
We see selective responses to certain topics while ignoring the systemic oppression.
Even though, according to the Erie's home rule charter, which is the framework for the local governance, in the preamble, it states we pledge to uphold the principles of democracy, equity, and justice, and to foster a community that is inclusive, diversity, uh diverse, and welcoming to all.
I'll be the first to name.
I shouldn't feel like I have anything to worry about.
I'm a citizen of the U.S., but I carry my citizenship, my birth certificate, and my passport, my daughter's passport and her birth certificate with me at all times.
We have packets of documents with her dad and her grandparents, and they sit in our cars next to our state farm car insurance cards.
If you've never had to carry these things or think about a plan in case something happens, that is a privilege.
The uncertainty, the constant fear, and the worry of what to do when federal agents come to our town is unimaginable.
As a child, I didn't understand that having white parents protected me, protected me from being profiled, questioned, and discriminated against, and from the inequities that many Asian children experience simply because we look different, even when others fail to recognize us as children of color or understand the challenges we face.
I have been given one of the greatest gifts of all, a beautiful little girl who looks so much like me.
If you haven't met her, her kind heart and soul will change you.
She has the ability to see true beauty and our eyes that kiss in the corners, characteristics that define us and make us different.
She believes is the coolest thing in the world.
And now here I am, wishing she didn't have eyes like mine.
Since learning that there was an ICE enforcement and removal operations office less than 10 miles away from downtown Erie, I have shamefully wished that she did not look like me.
Not because I want her to be different or less like me, but because I fear for her safety.
The characteristics that make her unique are also what make her a target.
I have a list of lawyers on call in case I ever need someone to locate me and get me out of a detention center.
I have a plan for where my daughter would go, who the attrusted adult is, and what steps need to happen if I don't show up to pick her up one day.
I have a community of people on a high alert because of my mobile nature of my work.
All of these preparations are privileges.
I recognize that not everyone has the resources, information, or network to make these plans.
Many families face language barriers.
They lack access to trusted legal advice and don't know where to turn for guidance.
If we aren't providing support in languages and formats that people can understand, how are we supposed to know?
How are they supposed to know what to do?
I know of parents and guardians, caregivers who have reached out to local schools and even the district office and for clarity on safety policies and procedures, only to be told check the website.
When these families then turn to the town of Erie, they were also given no clear answers.
And in one instance, we're directed four different times to four different individuals, again, with no clear answers.
This is extremely concerning and highlights a troubling disconnect that leaves families without answers and shows that the safety of vulnerable members of our community isn't even on the radar.
Policy alone does not protect those of us who look different from profiling.
Policy does not ensure that community members feel safe when there's no accountability.
Tonight, this is not about politics or beliefs.
It's about leadership.
And Mr.
Mayor, a month ago, we sat uh across from each other in a meet and greet.
And as I shared my story, one of the first things you said to me was, you're a leader.
I don't know if this is how you imagine that I would lead, but here we are.
And leadership to me is the acknowledgement of systems of oppression, that they exist, recognizing historical impact and understanding that communities continue to be marginalized.
Leadership means lighting the way for others and using our own privilege to ensure that communities without the same access resources and opportunities are lifted up.
That is exactly what I'm doing here today.
I am using my voice and my privilege to speak for those voices who are often not heard and to shine a light on the experiences that are very real and very urgent.
I hope that after hearing my words tonight, your actions tomorrow will reflect the same commitment, using your privilege and position on town council to make the world better for those who don't have it.
Because tonight, as I go to sleep, I will be wondering if I can truly call you leaders tomorrow.
Brene Brown says courage is stepping into the arena without knowing the outcome.
I am stepping into this arena tonight, and I ask all of you to join me.
This is an invitation to build bridges to come together as a community.
We may not know exactly what this looks like yet, but tonight I am opening the door and I am setting the table for brave conversations.
I look forward to the next steps of town council members joining community members at this table, side by side in building the safety and clarity our families deserve.
This is the opportunity to uphold what you all have committed to citing Erie's home rule charter preamble once more that says we affirm the rights of all residents to participate in the decisions that affect their lives.
If anyone believes this isn't a fight, we must prepare for, I urge you to not see this not as politics, but as basic responsibility.
The responsibility you accepted when you asked this community to trust you with their vote to protect every child, every family, and every neighbor in this town.
Safety is not optional.
Leadership is not neutral, and accountability is not a threat.
It's a promise you made when you stepped into this role.
Thank you for your time.
All right.
Thank you.
Um, the last person we have is Casey Hedrick, and she is online.
Let me ask her to unmute.
So, Casey, you're you're online.
If you just unmute, you should be able to speak.
Great.
Thank you so much.
Uh, my name is Casey Hedrick.
I'm an Erie resident at 727 Starkey Court.
I also get to serve as the executive director for the early childhood council in Boulder County.
I'm reaching out tonight because I wanted to talk with you all about child care.
Access to child care is not just a family issue, but it has massive community and economic um repercussions and is uh an imperative of a strong community and economy.
High quality childcare ensures that our youngest residents are safe and in nurturing environments that build the foundation for lifelong learning and future success.
It also allows parents to participate fully in the workforce, strengthens local businesses, and supports again a thriving economy.
Yet Erie is considered a childcare desert, which means that there are not near enough uh licensed slots to meet the demeans uh meet the demands of families in our town.
Many parents, including myself, are forced to seek child care in neighboring communities, which creates daily logistical challenge and adds strains to already busy working families.
And at the same time, as you all know, Erie is growing rapidly.
This community is attracting young families and many more will soon need uh reliable early childhood care and education, but they won't be able to find it here in Erie.
So as our population continues to expand, I believe that child care must be viewed as an essential infrastructure, just as critical as roads, schools, utilities, and housing.
And there are a few steps that the town can consider as they uh think about supporting child care as a critical infrastructure.
First, towns can incentivize developers and builders to incorporate child care into development so that supply can grow along with population.
Second, the town can consider to reduce barriers that make it difficult for child care providers to open and operate in Erie.
This is through some thoughtful zoning processes and streamlining processes to support policies that encourage child care providers to operate here.
And third, we encourage the town to consider partnering with our organization, the Early Childhood uh Council of Boulder County.
We're actively in pursuit of regional strategies that can help to address and support systemic child care issues.
We'd welcome the opportunity to collaborate with the town and work on solutions for families so that we can make sure that when families uh put their roots down here in Erie, uh, that their children have safe places to be.
Thank you so much.
All right, thank you.
And I'll just ask to see if anybody else in the audience that would like to address this tonight.
All right, seeing none, uh, we will move on to general business.
The first item uh is item 20265, uh, which is uh Black History Month uh proclamation, and I'll turn it over to Councilmember Bear.
Thank you, Mayor.
Um, it's my honor to once again sponsor the Black History Month Proclamation.
I um think that we are at a uh pivotal point in history and um elevating and amplifying um stories and the lived experience of people of color and particularly um black stories and recognizing the impacts that um that we benefit from for throughout history and also uh the ways that um people have risen above marginalization is so important, and um as our our public commenter spoke tonight so eloquently, um I appreciate just that moment to be able to kind of focus our attention.
So, with that, I'll read the Black History Month Proclamation.
Whereas Black History Month is observed each February to recognize and celebrate the rich history, culture, achievements, and contributions of Black Americans who have shaped our nation's past, present, and future, and whereas the experience, resilience, and leadership of Black individuals have been foundational to the advancement of civil rights, democracy, education, science, labor, the arts, and social programs in the United States.
And whereas acknowledging Black history strengthens our collective understanding, fosters empathy, and reinforces our shared responsibility to promote equity, inclusion, and justice for all.
And whereas Black History Month provides an opportunity to reflect on both the profound accomplishments of Black Americans and the historical and ongoing inequity that continues to impact Black communities.
And whereas this year's theme, a century of black history commemorations, celebrates 100 years of organized Black History Observances, tracing the evolution from Dr.
Carter G.
Woodson's inaugural Negro History Week in 1926 to today's nationally recognized Black History Month.
And whereas recognizing the essential contributions of Black employees across public service, private industry, and community organization organizations affirms the importance of equitable workplaces that value diversity, dignity, and opportunity for all workers.
And whereas in February 1976, President Gerald Ford called upon the American people to observe Black History Month by honoring the enduring and frequently underrecognized accomplish accomplishments of Black Americans across all fields and throughout the nation's history.
Now, therefore, the town council of Erie does hereby proclaim Black History Month to be celebrated February 1st through the 28th, 2026.
And we call upon all residents in the town of Erie to observe this month with appropriate ceremonies, activities, and programs.
Very good.
Thank you.
All right, we will move on to our um one other um item under general business.
It's item 2697.
It's a public hearing and ordinance of the town council of the town of Erie, uh repealing and reenacting section 10612 of the Erie Municipal Code and amending the definitions related thereto, all regarding sign regulations.
And with that, I will open the public hearing.
Good evening, Mayor Moore, Mayor Pro Tem Bell and Council.
Oops.
My name is Melinda Helmer.
I'm the business operations coordinator for planning and development.
And joined with me is Matt Lloyd, one of our code inspectors for the department.
Before you tonight is an amendment to section 10-6-12 of the Erie Municipal Code, which is the sign code section of our UDC.
We'll go over a brief background proposal and recommend recommendation on tonight's ordinance.
The last update to the sign code was adopted by ordinance number 03-2022 on January 11th of 2022.
This update was part of an overall UDC cleanup and update to text throughout the entire municipal code.
So it wasn't just the sign code, but the whole code.
This consists of probably about 85% of the proposed amendments to the sign code that we have for you.
In developing the amendments to our temporary sign code allowance, staff coordinated with the economic development department to ensure that the proposed signs support and align with the needs of our local businesses.
The temporary sign code section was clarified and amended to provide greater flexibility by increasing allowable display time from 30 days to 120 days per calendar year, with no temporary sign being in place for any longer than 30 consecutive days.
A-frame sandwich board signs are exempt from the 30 days and from permitting, provided they remain on private property and do not impede pedestrian circulation.
This is the proposed table that would replace much of the written paragraph text in our existing sign code.
It includes the various zone districts and the allowable general general sign standards within each district.
Under terms defined in chapter 11, section three, we did add a sign code definition for off-premise signage, which we did not have before in our code.
The proposed sign code and terms defined amendments meet the following criteria.
The proposed amendment is generally consistent with the town's comprehensive master plan and stated purposes of the UDC, and the proposed amendment is necessary or desirable because of changing conditions, new planning concepts, or other social or economic conditions.
Staff brought this agenda item before the planning commission on January 21st, 2026.
Resolution P26-02 was signed by the chair of the planning commission recommending adoption of tonight's ordinance.
Staff is recommending that council approve ordinance 004-2026, an ordinance of the town council of the town of Erie repealing and reenacting section 10-6-12 of the Erie Municipal Code and amending definitions related thereto, all regarding sign regulations.
This concludes my presentation.
So if you have any questions, we're available to answer that.
All right.
I think we'll go to public comment first, and then we'll uh bring it back to the council.
We don't have anybody signed up for public comments.
All right, just double checking.
There's nobody in the audience, so would like to address this on the sign ordinance.
Okay, sounds good.
Um bring it back to council.
Any questions for um council?
I'll bring it uh send it over to uh councilmember O'Connor.
Thank you.
Um so I emailed in the questions that I had.
Um the uh couple of the ones to that I guess I'd like a little bit more clarification on are um what happens to the signs that let's see uh under C prohibited signs, all of the following signs are prohibited and if located on public property may be removed by the town without notice.
So is there a process for returning those signs to sign owner?
So if they are put in the public right away, like attached to a stop sign, those are removed and then um thrown allowed.
Those typically are just um different advertisement ones.
Now if that is a sign that is directly coordinated to a business, like it's they overextended out into the public right away.
They are given a notice of violation.
Okay, they're given um time to correct that violation education and go through the right sign process for having temporary signs, and then they're allowed that time after that.
We'd go into our next enforcement action if it's not removed.
What and what's that enforcement action?
Um, if it's not removed, we would move into summons and then it would go into a court.
Okay.
So they would have that time in court to say their side of the reasoning why they're wanting that sign there.
Okay.
And the and so typically most of the ones being removed are the core plast type of signs.
Yeah, typically that's what you're seeing as the ones that are out in the public right away, like in the medians that are attached to stop signs.
Um, those are the typical ones that you're seeing that are going to be removed and abated and and taken off the public right away.
Okay.
Um nothing, no ones of real, you know, like the builder ones that um are in the four by four posts that they advertise for neighborhoods.
Those ones have different sign code.
Okay, um, so they're allowed, they have to be in a certain location.
They should apply for a permit for that to be reviewed to make sure it's in the appropriate location, um, size, and also for duration.
Okay.
Um, and so once they meet those criteria, then it's approved for a permit, and then if there's any damage or maintenance that needs to be done, that's when they would get notified, um, mostly by a notice of violation again, saying that it's damage or it needs to be um like if it's fallen down or if it's broken at that time, they can have that opportunity to correct it for the duration of the permits law.
Okay.
Um the um can you uh I guess I my understanding is that there is a process for um uh appeals if a sign is turned down, but the applicant feels that they want to have this reviewed again.
That is correct.
Applicants can apply for a variance, which um is heard before the board of adjustment.
They can also apply for an appeal with towns if against if like if they don't agree with town staff's decision, then we can bring it before the board of adjustment.
Okay, okay.
I just wanted to make sure there was some sort of process already in place for that.
Yeah, um, I had two minor changes to the ordinance.
Um I went over them with the town attorney.
One of them was regarding uh uh what was it?
Um D sign permits um the regarding the sandwich board signs.
Okay, uh and the revised language.
Um before we go on, can you give us the uh reference so we can all find it?
Uh I can do that.
Give me a sec.
Council member, if I might.
I've got it up right now.
Okay, if you wouldn't mind me jumping in.
Absolutely.
So it's on page two of the draft ordinance.
It's under Dree Subsection B.
Got it.
All right, I'm with you now.
And on this one, it's pretty minor, but it calls out six square feet, but it doesn't.
Um most sandwich boards or many of the sandwich boards are six square feet per side.
So it actually be 12 square feet.
So um, and I can make this in a motion, but I figure I would mention it now, and then if there were um so basically the revision might would be a frame or sandwich board signs not exceeding six square feet per side and no more than two sides in area displayed on private property with authorization of the property owner.
Thank you for bringing that up.
That actually does clarify it a little bit more because that how you stated it is our intent.
Okay.
Okay, and yet a second one.
The second one is um I think that would be on page four of the the proposed ordinance, subsection G maintenance.
And the proposed language change is the display surfaces of all signs shall be kept the same condition as when the sign was installed and maintained original posting at all times instead of specifying painted surfaces since signs are made of many different materials.
Okay, say that one again.
I'm reading it, but I don't I didn't catch the change or uh the display surfaces of all signs shall be kept the same condition as when the sign was installed and maintained original posting at all times.
Okay, and uh I'm just reading what the existing one is.
So I'll take it back to staff because I want to make sure you understand either the intent and then making sure we have the suggested change understood.
So the keeping it as original condition can sometimes be difficult to tell.
And so with the language that we currently have is in good repair, is making sure that it's you know in sound structure and everything.
If there's some fading and it's still readable, I would say that's something that would be still in good maintenance and condition.
Um, but as soon as it starts spraying or you can't tell, or it's broken or cracked, that's when I would trigger in that maintenance side of things.
And so sometimes when it is to the when it was brand newly installed, sometimes those colors and the vibrancy of those colors can change.
Okay, that would be the time where would that trigger a maintenance and them to replace or re recondition it?
Um so that would be a difficult thing to enforce consistently throughout the town for all businesses.
Okay, okay.
That makes sense.
Um I think it's just the specifying neatly painted, some signs aren't painted at all.
Uh I see where you're going.
Yeah.
I mean, I yeah, absolutely should be maintained.
It's just because I don't I don't think that was an area changed in this right.
If you have a metal sign, for example, you have a metal sign, all those things.
I live the sign life for a while, so I've written sign standards and manual, so it's looks like we may have a little health coming.
Sorry, um Kelly, your school planning manager.
Um I think the important um thing to note is it's painted or posted.
So it could be any of those other materials in the or posted part of the sentence.
My my interpretation of the posting was that it it was still attached properly to what it was.
Yes, that is included too, yes.
And yeah, council thoughts.
Yeah, I I see the ambiguity that you're trying to point out and and rectify.
Because if you don't have paint on a sign, but you have um metal that rusts, maybe that's okay though.
But maybe that's not okay.
There's a little bit of art here, isn't there?
Well, the antiquing, right?
Yeah.
I mean, I think it's important to take it in context with the sentence before that you know it's maintained in good repair.
Um, so that can cover a wide range of materials as well.
Yeah, I see.
Yeah, and and I would just echo what what Matt said that you know, keeping it in the same condition as when it was installed is a little bit hard to enforce.
So that's kind of why we went with the language.
See if there's other any other input.
Um I agree there's gotta be something so it's gotta be kept in good original up kept condition, if not obviously not its original condition, but planned or notwithstanding minor deterioration, normal wear and tear, but uh it's a lot of words.
So I think the question is can you live with what's in here based upon what uh Kelly is uh shared with us in the context of the sentence in front of it, which basically takes care of the maintenance part of it.
Right.
That's fine.
Yeah, okay.
I think though I'd like to see the change done on the sandwich board ones, yeah, on the other one, yeah, just to clarify it.
And yeah, yeah.
And we can handle that in the motion, I think.
All right, I'll see if there's any other input.
Um I know signs from a resident standpoint.
I I don't think they're very you know understand a lot.
I didn't as a resident, um, but I'm sure businesses and the town obviously uh it's a it's a big deal.
It's it's really important to make sure uh that you're addressing a lot of the concerns and a lot of the issues that you guys see on a daily basis.
Is there anything in particular that um prompted uh the modifications to this?
Uh are there any cases or something that um you know prompted the modifications?
Well, I would think that the the main part the main part of the amendment that we're asking for is just to clean up language.
It makes it so hard sometimes when we're trying to relay that information to our sign contractors when it's all written out in text.
So if they can go back to one cohesive table that has everything in one place, it makes it easier to kind of understand our code and decipher what's allowed in each zone district.
Um as far as the temporary sign codes go.
I think we did a lot of changing in there.
Um our current code only allows for 30 days within a calendar year for businesses to display um promotional stuff, um, sales, uh newcoming businesses.
So in this case, we actually went through the code, we surveyed some of the surrounding jurisdictions to see what they had in place, and bringing us to 120 days in a calendar year pretty much puts us in in the same ballpark as the surrounding jurisdictions to allow those businesses that extra time to advertise.
Okay, okay.
Yeah, thanks.
That helps I have a question with regard to um let's see.
I think it's the rotary uh has approached at least some of us, maybe all of us, I don't know, but they're interested in you know, like a sign board that would have the um the organizations that are here in Erie that support our community.
How does the sign ordinance either as written or with the changes either support that or um don't allow for that um it would need to be on private property and just comply with you know the size requirements depending on the zoning district that it's in.
So it's kind of hard to answer without having a specific site in mind.
Um we do prohibit signs in the right-of-way.
Um, and that's you know, for a lot of reasons, mainly public safety and reduction of visual clutter.
Yeah, okay, and I get that.
Yeah.
Um I'm just trying to understand if any of the changes we're making tonight put further restrictions on or if they're the same as what they were before.
No, they we didn't change um significantly the like the allotted sign area per uh district or anything like that.
Okay, yeah.
All right, and I don't think that project is further enough along for us to even really understand what it might look like.
But okay have they come to staff and said, I I have not been seen anything.
No, go ahead, Councilmember O'Connor.
Uh um thanks.
Well, the um uh town attorney just share with the rest of council what she shared with me regarding that topic.
Sure.
Signs in the right-of-way present a number of legal challenges after a United States Supreme Court case called Reed versus Town of Gilbert.
We cannot do anything other than extremely minimal um regulation on the signs.
So the content is unrestricted once you allow for signs to be in the right-of-way.
So beyond the public safety and visual clutter issues, if we allow signs, we allow all kinds of signs, whether we agree with the content or not, it could be abhorrent.
We have no ability to make any content-based distinctions, whether it fits our community or not.
If an applic if we were to open it up and an applicant were to make an application, pay the fee, and put an appropriate size sign, they could put um 99.9% of content on there.
Got it.
Okay.
And so it becomes another situation where you approve it for one and we have no control over the breadth of that we may or may not want in our town, or may or may not reflect the values of our town.
Correct.
Okay, that's uh that's for another day.
Indeed.
All right, um, we'll come back, see if there's any uh further comment.
If not, I will close the public hearing and then I'll bring it back um to council for any further deliberation or a motion um with amendments as necessary.
Councilmember Bear.
Um I just wanted to think our um business community for sending an email late today to say that they support this.
Um that was helpful for me to understand that they're they you know they've reviewed it and that and they understand how it's going to impact them and they support and and appreciate kind of the clearer language.
So thank you to I think they've changed their name to We Love Erie.
So that's all.
Okay, wonderful.
I'll see if there's a motion uh to approve ordinance zero zero for 2026.
Uh I propose uh an amendment to the or I'd like to make a motion to uh amend the ordinance uh of course my iPad.
Uh pardon me.
Sorry.
That's okay.
We're all right.
To change uh under D sign permits, um, change that language to A-frame or sandwich board signs shall signs not exceeding six square feet per side and no more than two sides in area displayed on private property with authorization of the property owner.
Okay, we have a motion with an amendment.
Is there a second?
Second.
We have a motion and a second.
Any further discussion?
All in favor say aye.
Aye.
All opposed, say no.
Motion carries.
We've amended our uh sign ordinance.
Thank you.
Thank you.
Thank you, Council.
All right, we'll go on to uh council member reports and announcements.
And how about I start with uh Councilmember Hoback uh tonight and we'll just go all the way down to Councilmember Pesromelli.
I don't believe I have anything.
Thank you.
Okay.
Nothing for me tonight.
Uh thank you.
I just wanted to highlight that the town has um sent out ways for the for the public to um weigh in the C dot tenure plan has been published and it's open for public comment.
And it's important for um them to hear from the general public to ensure that our projects are prioritized.
So um look for that on the town of Erie socials and then click through so you can comment and let CDOT and the Transportation Commission know um what you think about it.
Also, the Erie B is gearing up, it's coming soon.
Uh April May launch time, so watch for that.
It'll be our very own microtransit um usable.
You can you can call it through an app on your phone, just like Uber.
So watch for that.
It'll be free.
Please use that.
Um bike to work day.
It's February 13th, and we'll have a station at the ECC set up.
Um so if you want to come by and get some swag, we have some partners, local partners uh who are helping out with that.
So um that's all from me.
All right, thank you.
I'll go to our mayor pro Tim.
Yep, thank you, Mayor.
Uh just a couple things.
Uh this Thursday the 12th.
Uh there will be uh an airport economic development advisory board meeting uh starting at 6:30 uh in the community room, which way out of the building.
Um and then I just wanted to uh say they're uh we have our citizens police academy, right?
Coming up, uh Chief, right?
Um so uh there are where sorry, where do where do they sign up for that?
Is there uh we have an email, but I don't know for that one out too.
Mayor Council Lee Mathis, please chief.
They can sign up for the community academy on our website.
It's an online application that you submit.
And we start the first week of March.
It runs nine weeks on Wednesday nights from 6 to 9 p.m.
It's a great experience.
We have several open slots for the first time in a long time, so I encourage people to sign up.
There we go.
All right, good.
Um and then uh kind of unusual.
So the Olympics uh winter Olympics uh just started this week, and uh Erie has an Olympian.
Well, a former resident who is an Olympian.
Um uh Jacob Slavin is on the US Olympic men's hockey team.
Uh he normally plays for the Carolina Hurricanes, uh, but uh he grew up in Erie, uh, went to Erie High School, um uh played hockey at Colorado College, and then was drafted in the NHL.
So uh we look forward to seeing him.
So go team USA and uh that's all I have for today.
All right.
Sounds good.
Councilmember O'Connor.
Uh just uh just two things uh to add to what council member bear had mentioned about um bike to work day.
The chamber is uh you can be entered to win a hundred dollar cash um card if you uh when you pledge you'll be and when you pledge to ride to bike to work that day, you'll be entered into the weekly contest for a hundred dollar cash card.
And the other thing is just with it being so dry, get out there and water your trees and shrubs.
They're gonna need it because uh I'm sure they're thirsty.
Yeah.
Good reminder.
Thank you.
Councilmember Presidentelli.
Yeah, I had one announcement about um anybody who is concerned about eyes and ice-related activities.
Please reach out to me.
I have some resources available and I have some rights that you should know.
entered into the weekly contest for a hundred dollar cash card and the other thing is just with it being so dry get out there and water your trees and shrubs they're gonna need it because uh I'm sure they're thirsty yeah good reminder council press yeah I heard one announcement about um anybody who is concerned about eyes and ice related activities please reach out to me I have some resources available and I have some rights that you should know so we do conduct some noyo right sessions around around Colorado there are uh so many resources available and I can be off some help thank you okay and um outside of uh a few uh meetings with residents uh no uh special meetings and everybody else covered everything else so that's awesome I'll look to our mayor pretend to take this into executive session point of order um I would like to discuss the town manager's review in the public meeting rather than executive session um okay um I'll look to our town um manager to see if you would like that done in the public yes I'm comfortable with that happening in a public meeting okay um we have another executive session so I'm thinking we do the executive session and then we'll come back out for the um uh for the town manager's review all right so do you have both on here that's that's a that's a great inconvenience to the to the public quite honestly um that's okay we have people waiting for the um the executive session so I'll look to our mayor pro tem and if we don't have um uh four votes to go into executive session I get it but can we break it into two meetings yeah that's what we're doing yeah you can do that okay um so uh thank you mayor uh move to go into executive session to one determine positions relatives to matters that may be subject to negotiations develop a strategy for negotiations and or instruct negotiators pursuant to CRS twenty four six four oh two four e and to consider purchase acquisition lease transfer or sale of real personal or other property pursuant to CRS twenty four six four oh two four A for which a topic cannot be disclosed without compromising the purpose of executive session and two uh to consider personnel matters pursuant to CRS twenty four six four two four F and not involving any specific employees who have requested oh yeah so it's only the first one oh sorry oh the okay sorry strike the low character is it we good her all right um so just the first one all right so we have a motion and now we need a second if if I could summarize we are only going into executive session for the first uh bulleted executive session or that is the consideration before the council at this point okay so yes a motion and a second would be appropriate all right we have a motion if we have a second second all right um why don't we take a roll call vote on going into executive session council member o'connor yes councilmember hoback yes councilmember passamarelli uh mayor pro tembell yes uh council member bear yes councilmember mortalero yes and mayor more yes vote is unanimous all right we will return um out here afterwards to discuss um uh personnel matter with our town manager
All right, we're coming back to our meeting tonight uh to discuss uh personnel matter that will not be held in executive session per request of our town manager.
Um this is specifically to uh talk about uh the manager's contract and evaluation.
Um start um by reading a um a note that I had sent uh council in preparation um so that everything is on the the public record now that the town administrator has asked for that to be so.
Um I recognize that I caught council off guard in December when I raised the topic of moving in a new leadership direction to ensure that that um that does not happen again.
This email provides a context for our February 10th executive session, which is now a public session, where I will preside over a second conversation on this topic.
A CAO, chief um administrative officer, town manager must possess a broad range of skills that include vision for clarity, so that everybody knows exactly where the North Star is and where we're headed, community, they need to be a chief storyteller.
They must be able to sell the vision to different groups, presence in the room factor, have a way of focusing their energy entirely on the problem at hand, fully engaged in the room where decisions are made.
Builds trust and partnerships with the council.
And move fast.
Although not comprehensive, these highlights some of the key challenges we face as a town.
As I've been developing my thoughts over the last quarter, I keep coming back to the reality that we're at a critical decision junction.
I've concluded that in the it is time for a change at the top.
Someone who would bring a new energy to set a new vision, grounded in our survey, comprehensive plan, and council input.
They would not be shy about taking a position and advocating for a direction, clearly articulating the why.
Why do we need more water?
Why do we need to grow?
Why do we need more growth?
Why do we need community gathering spaces?
Why do we need more government facility expansion?
Why do we have why don't we have the funds to build these new facilities?
Why are the fees relatively so high?
Why have transportation improvement improvements not kept up?
There are many whys, but but these few begin to articulate the need for a visionary leader with a will and to lead visibly.
I recognize there may be support for or opposition to this view.
Since I can't speak for each of you individually to understand your perspectives, I ask that you remain open-minded to the framing above.
I will start with this perspective at the February 10th during the executive session, which is now our open meeting.
Malcolm and I discussed this, and if the majority of the council prefers to go in a different direction, he would like to negotiate the terms of a mutual parting of ways in an amended contract rather than a public vote to terminate his contract.
I appreciate and support his perspective, as it would allow us to publicly honor Malcolm appropriately.
The current contract is attached to this email.
If you have any procedural questions, please reach out.
So that was my note to council.
This is my note that I was going to start the executive uh session with.
And so I'll read that now, and that will uh launch us into a discussion.
I hope everyone had a chance uh to read the note I sent yesterday.
I don't take the topic of discussing new leadership direction lightly.
I realize the last time I raised the topic, I did not pre-communicate and cough you off guard.
I'm attempting to do better.
I constantly think about what is best for Erie.
It is my North Star.
Over the last year, I've gotten to know Malcolm and his leadership style.
His ability to connect with people is clear.
But often our greatest strength is our greatest challenge.
I've labored since day one to get accurate and complete information from Malcolm.
Maybe it is just me, but maybe it's you too.
We have an obligation to understand what staff are doing, thinking and assuming so we can determine whether they are implementing the council's direction.
As the presiding officer, it is imperative that I have the information.
We should all have the same information so that when constituents ask questions, we have context and answers.
Leadership by omission, whether intentional or not, creates a situation which I cannot effectively preside over our meetings.
Getting caught off guard on the county-lined airport drive feasibility scope, the $19 million parks and open space facility, the Red Tail Ranch information for the public not being disseminated, misinformation about the use of ARPAT funds, and council volunteers being excluded from the holiday party are just some of the more recent challenges.
The fact is that Malcolm's leadership style and delegation of strategic decisions to two levels below, leave him generally disengaged at our public meetings.
I look to the CAO to be visible when I say CEAO, the town manager, to be visible and help the council understand the decisions we're being asked to make.
The speed of change is too slow.
For example, why did we just learn the Swinkler ordinance needs further study?
Or why the name change of Erie Parkway to 287 has made no progress in a year.
Being light is not the end of all success.
In fact, it can harm us in negotiations.
It does not have to be this way.
I've been here before and seen what a communicative town manager can do to be a visible leader who is more engaged, transparent, decisive, and thorough.
We need a leader who can guide the council and help ensure we listen to one another and are heard while working on compromises that more than four of us can adopt to move things forward.
I struggle to reach out to each of you to test alternatives because I don't have the information Malcolm has to develop our alternatives.
It is a great way to control our direction, but it's a not so good way to help ensure the council is informed and ready to explore all options.
So tonight I want to go around to each you and ask is it time to change uh leadership and find a town manager to lead Erie for the next five to ten years as we face many challenges that require energy, visibility, strategic focus, communication, openness sharing, and vision on key financial water and growth decisions.
All right.
So I'm always a little concerned when we talk anything personnel that isn't in um exact session because I'm not sure if people will be as open as I was just open with my thoughts.
Um but I'm hopeful that each of you will um take this seriously and just be open on on where you're at.
And um however this falls, um life will go on.
All right, with that, I think I'm just gonna start with our mayor pro tem and I will just kind of loop around uh the dais.
Thank you, Mayor.
Um this is uh what will I saw the email um uh that was sent out uh yesterday there this is a difficult topic.
Um obviously I don't some of the things I want to say I'm I'm not gonna say in this format because I think that's the purpose of executive session.
I think I would not want in my employment um to talk about individual situations um in a public setting, but I I do think as far as the public aspect of government and where we're going.
Um I just want to say this.
Um do I think that uh Malcolm Fleming has done anything that is like a terminal offense or anything like that?
No, I don't.
Um and there are many things that um I have appreciated you.
Um I serve with you over six years now.
Um I've appreciated your your candor.
Um I've appreciated uh your insight into things and your experience.
Um you have a long history of public service, and and that should be applauded.
And I I don't want to um I don't I don't want to underscore that.
Um the difficult thing about these decisions, and when I thought about this, it's um I I apologize, I always use sports analogies, but that's just kind of my go-to thing.
So um Mike Shanahan's regarded widely being the best coach in Broncos history.
Um won two Super Bowls, won the first Super Bowl.
Uh John always said he was the best coach that he ever played with.
And yet in 2009, after the end of the season, uh Pat Molin fired him, and it was kind of a shocking thing.
Um and I remember one time uh after he won the first two Super Bowls and he got this huge contract extension, and a lot of people talked to him as coach forever.
And the reality is things is that not everything is forever.
Um with certain issues that I know we're gonna face in the next five to ten years.
Um I had to think about this in terms of um is Mr.
Fleming the person to see us through um those things.
And and I'm taking this from a perspective.
Um I am term limited.
This is will be my last year.
And um so I'm making decisions in this that are span beyond my time up here.
And um I know there's several people that will be here, they have another three years on here, including the mayor.
And um I know that that there has been struggles.
I understand that between that relationship between mayor and town manager.
Um, and I'm not here to say it's usually in in these situations, there never, you know, one one person's never 100% right, one person's never 100% wrong.
But um I do see some of the struggles that we've had over the last year and the uh struggle that I think we've had um with some of the things the mayor alluded to with um I think running in certain directions when uh you know we we didn't have council support on it.
Um the uh public works facility at the page properties is probably one of those, and and I know in my district that um there was a significant amount of uh frustration that I heard um especially from folks in Northridge over that and um and I think there was a miscommunication there as part of that on us as a body, yeah.
But I I think it's it's it's more of a thing where um I think that this is possibly a time that we need to have another voice um another fresh set of eyes to look at things.
And um uh Malcolm would say um I don't have to say this, but I I I gave you a very good review on uh there was I think one area that I had some um critique, but uh overall um I I you know so this is not this is not a um this is not something I would say that that I I have any if if the decision uh up here is not to move on, I'm perfectly happy to to continue working with you and um and I appreciate everything that you've done, but I think that um I think that it's time for us as a council to find somebody and I I look at this as maybe the next the mayor said five to ten years.
I maybe look at 10 to 15 years, maybe that's overly optimistic and there's no guarantee um that the next person uh would be on that long, but um I think it's it I I think there may be some things that we're missing here, and it's it's there are missed opportunities that I think um that having another uh person in that position that that uh could move forward and um and so I know that um my personal opinion, I'd love to see you right off in the sunset, and so I hope that we can make a decision if we do choose to uh do that.
I I I don't I I'm sad that you know that this is becoming public because I I don't I I think there's a way to do this where um we can honor you for the time that that you have served and and your years of public service and and we can move forward.
And that's my request to my fellow fellow counselors.
I realize you know, maybe there's not enough of you that agree with me, and and I'm fine with that.
And but um uh unfortunately some of the the immediate things that we're dealing with because we're in this public serio hearing, there's there's other things from other executive sessions that we can't talk about up here, and and you know, I m I I would suggest at a minimum that after getting this that maybe we take um a few minutes to go into executive session to so that we can talk about some of those sort of things because it's it's it's hard to get that out in public, and I think that there is um uh you know that that's not to to try to hide things behind closed doors.
That that's the there's certain things that we can't talk about in public.
Um and uh I think those are pertinent uh to the discussion here.
So um I'll I think I've said my piece, so move on.
All right, council member O'Connor.
Thank you.
Um the um for me I like to make uh decision like this with all the information and be able to absorb it.
And with us only getting the 360 performance evaluation this afternoon, I haven't even had a chance to open it.
I was at clients all day long.
Without Mayor Pro Tem Bell's point discussion, discussing executive session items.
So until I read that and absorb all this information, I'm not comfortable making a decision like that.
Okay, Councilmember Pez from LA.
Yeah.
So I have this one uh question that I wanted to ask Mayor Moore.
You all you asked us to be open minded.
But you said you already concluded that it is time for change.
So you concluded it and you asked us to be open minded.
So it doesn't make sense actually.
It's not the walk and talk are very different here.
And I want to go back to a year later and see when it started.
It started with reducing salary and then it's it is like targeted right from there, and we had like a discussion which said how about setting up smart goals, smart goals, measurable goals, and where are we at now?
Are the goals set?
Did he meet or not meet the goals?
Or where is it starting?
Like it all looks like you want an as yes, man, and you're not finding it here yet.
So the next step is to target.
And none of your questions of why, why, why have anything to do with Malcolm's performance?
And if you show each one, we can go into that each one point and say this is why he did not perform here, and then we can take it by data and talk about it.
It's not like you know perception or delivery of goals.
They both have to be different things.
And the next thing I wanted to also see is in the performance review, I want to mention a quote.
So on here it says I'm not sure where to put this, so I'll put it here.
But the mayor screams at Malcolm, and it is very degrading to him.
The mayor also speaks poorly of other staff and other council members.
Point point of order.
It is in it is in the point of order.
Um there's a point of order being called.
I I just want to clarify with the 360 reviews, is is it appropriate for us to share those uh because there's certain HR things that are tied into this, so I want to make sure that yeah, for if we're gonna publish um specific quotes, which are second hand, right?
Then we need to publish the entire 360.
And um, I'm comfortable with that.
Okay.
Okay.
Yep.
Go ahead.
Sorry.
Okay.
So the mayor speaks poorly of other staff and other council members.
Staff can hear the mayor yelling at Malcolm through the walls even when the door is closed.
This is a point in his uh and I will dispute those points just for the record.
So what was it?
I I'm done.
Okay.
Um and for the record too, we did not um reduce uh Malcolm's salary.
Um so I just want to make sure.
In fact, he got a I think a six percent raise uh last year.
All right, I'll come around to um Councilmember Hobak.
All right, um thank you.
Um I'll speak openly and acknowledge that these are some of my opinions and perceptions.
Um I think for the last year.
And uh there's been sort of a target on Malcolm's back.
Um as Councilmember Pessar Amalli um mentioned it was reflected in last year's negotiation.
Um this administration.
I mean that's one of the first things that happened was um looked at that um contract and it it it severely impacted it.
So I think certain aspects of have continued on.
The last sentence in the email that the mayor sent just yesterday, advising us of this meeting and his approach.
I'd like to talk about the process in the background.
And he did not have support to go down the path that he's taking us down now.
And that was very clear.
And here we have an email that says I have decided.
As if it's his decision to make.
So that was a council decision.
No.
Yes, it took a majority of council to do that.
All right.
And then there is no uh word uh that I believe I wrote in in the letter that says I decided.
I'll say it's a direct quote.
Please give me the paragraph.
I have it open.
I have concluded that it is time for a change at the top.
Okay, and that's my opinion.
I've concluded I haven't decided anything.
My conclusion for the good of Erie that we we go a different direction.
Okay.
Uh and while we're at it, um, I just realized what my last point was.
As was mentioned by Councilmember O'Connor, we didn't receive the 360 until this afternoon from Malcolm, despite the fact that you had this in advance.
I think that is incredibly inappropriate.
Yeah, the I'll come back to that.
Councilmember Martilero.
Okay.
Thanks.
Um, yeah, Malcolm, you've got a lot of great qualities.
You certainly serve the town honorably.
You build and support a great team.
Um I I'd like to work for you.
Um, but I don't have the faith in your leadership uh for the town going forward.
Some of the toughest uh and most sensitive items that we've gone through, whatnot, I don't feel you stepped up in those uh situations uh to a leader to the leadership position that that you have.
And you know you need to work effectively and proactively with with the mayor and the council, you know, as as our right hand, and and I you know, I feel there were um, and they were you know, some of them were mentioned that I felt very frustrated uh that I wasn't getting all the information.
Uh one of them was the page property and the documentation.
We had two meetings, um, and it wasn't until I sent an email um to you and and others uh asking for all the documentation on that property to between Erie and the federal government to completely understand what needed to be done um that property uh that we finally got an email that clearly laid out what the what the requirements were and weren't.
Um I never did get all the documentation, but that's fine.
The email uh cleared up all the confusion, but we had had two meetings prior to that meeting and or that email, and I you know, like I said, I was very uh frustrated uh and confused, and that's why yeah, I sent the that email and finally got the answer.
There's you know, other things like the the parking rec campus, the $19 million dollars, the north-south route.
Um, you know, uh again, uh I get that you know, we looked at all the options, but uh it should have been really clear and set up right up front that you know four and five were um you know probably not on the table or you know, shouldn't be uh strongly considered uh because of the cost and uh issues with residents in in those areas.
Um the red tail ranch was also mentioned.
Um that was you know, again, another email that that I had sent when I was going through the material over the weekend and didn't see two pieces of critical information.
Um and that ended up causing a delay.
Um we had to delay that uh topic by two weeks uh because we wanted to make sure that the residents had had that information.
So I say, you know, uh that that's kind of what I see.
Um you know, I've only been on the council for for a year, but like say there's been many points of frustration that I I've seen and had.
Um and you know, like say really appreciate the eight years that you've been with the town, but um, but I I feel it it's time to you know to honor your service and and move forward.
Okay, council member Bear.
Thank you.
Um I pulled this from exec session, which is not something I've ever done before because I too was frustrated that we had talked about this and given council direction, and then upon receiving this email yesterday with the sentence, I have concluded that it is time for a change at the top.
Um that was very frustrating because that's not how this works.
Um we are a council representative democracy.
I appreciate you sending your 360 this afternoon.
I tried very hard to get through it.
It is a glowing review, and I think you should be proud to have it published for everyone to see, as is customary.
Um there are successes, it lists your strengths, the things that you are really good at, the things staff appreciate about your leadership.
Also included our areas of opportunity for growth.
That's always a part of a review, and um I have seen in my experience on the dais over the years, you take that feedback and incorporate it in.
Um, one of the things that we mentioned last year was ensuring that all of council has the same information, and in the last year, you've been very good at answering questions, and it's even though it may have been you know, councilmember Hoback that asked the question, you'll send it the answers to everyone, because maybe we just didn't think to answer that.
Um so I have seen you take that feedback, the opportunity for growth and apply it.
Um I was very alarmed to read the under additional notable trends.
Um the quote that Councilmember Passor Mulley um offered into the record, and as well as um council meeting agendas are constantly changing, creating communication issues between directors and managers.
Um council's not always on the same page.
This council has been very challenging in terms of getting consensus.
Um in your review were frustrations with our leadership and the way we are functioning.
Um and I think that's an important to point out.
Um there are pages and pages of your the things that people appreciate appreciate about your leadership, including calm and thoughtful analytical decision making.
Malcolm brings a very real sense of empathy and humanity to the role.
Um trust-based empowering leadership style, high integrity, ethics, and moral leadership, repeatedly cites ethics, neutrality, integrity, and professionalism.
Um his ethical grounding is viewed as essential to organizational credibility, staff trust, and resilience in a challenging political environment.
And I think that's really true.
Um, I think that a lot of the frustrations that we've heard this evening come from you're having to navigate all the personalities on the diets, and while you don't always agree and just say we're gonna do what council member Baer wants to do, and I don't like that.
Um you have to work with all of us, and I appreciate that.
Um I also think that had we had the chance to review the 360, um, that a lot of the concerns that are or things and that are listed in this email from the mayor from yesterday are addressed, and we can see that Malcolm empowers the his managers and directors to use their expertise.
Um there is he he does have vision and communication is key, and if you want him to be to tell more stories, I think that's feedback we could give him and say, you know, include a paragraph in the town manager um update every week if that's important.
Um and then as far as presence in in the room factor, I think that's a um that's an opinion.
Um I I think I've been in a lot of different kinds of rooms with Malcolm, and he is very well respected in the community and the region and the state.
He is well known and his integrity speaks for himself for for itself.
Um yesterday, last night, I mistakenly checked my email at 9 p.m.
And then I couldn't sleep all night after reading the email, I was really frustrated because I hadn't seen the review yet.
So I scheduled a call with Malcolm and Brina today, along with Councilmember Pessermelli.
Um, and Malcolm was also surprised to hear that we hadn't seen the 360.
Um had we seen the 360 and had time to to review that, I think that we could have looked at a lot of your concerns here and seen that they're addressed as strengths or opportunities for improvement.
Um see the page property um is a good example of council and having to navigate what council is saying and doing versus what staff has been directed to do and is in the process of, and um all of a sudden there's there's new ideas, there's a there's a church plant there, and no one knew about that.
So that's just an example of how council is creating this strife, and it's hard to navigate that.
Um, and then the ARPA funds, nobody knew how the ARPA funds worked.
Like we had to learn all of these things as we went, every community did because they were brand new.
Um, and the parks and rec campus, another great example of council ripping the rug out from underneath staff.
Um we directed them to do this feasibility study, were frustrated that they offered a $19 million um building.
Council struck that in favor of a 40 million dollar um campus in another area.
So I I can really I really get from this sentiment that it is hard to navigate.
Um council has been very challenging in terms of getting consensus on several topics.
I think that's more of a reflection of us than um of Malcolm.
But I wanted to have this conversation in the public because I feel like we've had it in private, and despite council's direction, um that you it seems like you are wanting to move the council in a way despite in your in your direction, despite what um council came to agreement on a month ago.
Um I also am deeply concerned that um you scream at Malcolm, and it's very degrading.
This is written by a staff member.
Um it sounds to me the way it's written that it has happened more than once.
I believe this is a pattern of behavior.
It has been my experience as well.
Um I have put some protective measures in place to protect myself.
Um so I take umbrage to a lot of what you've said here in your email.
Um I appreciate that you read it, so you're expressly expressly transparent.
Um I also take umbrage to you asking us to remain open-minded when it feels like you've been anything but when you're just trying to push this through anyway.
Um I guess um I'll leave it at that, but I don't feel like this is the way this should go.
Like this whole process.
We should be reviewing his 360, not discussing an email from you that you had concluded it was time to for a change at the top.
All right, thank you.
Um I appreciate all the input.
Um, I want to be real clear procedurally on one thing.
Um the discussion tonight was prompted um by additional information that had come in from our first executive session.
I think one of the things that I found um just appalling um with regard to team building and culture and inclusiveness was the um not including all the volunteers on our boards and commissions and all of us in a town-wide taxpayer um paid party at the Omni.
Um it just seemed like wow.
For somebody that talks about you know, trying to create an environment where we're all working together.
Um you need those shared experiences to do that that are out of the of the uh the stresses that we're all under in all of our positions, and yet the decision was made to um to not include um which to me was just uh more of a more of this pattern uh that I see, which is what I mentioned in my my note, and that is leadership by omission, you know, things that we don't know, and then we learn about them, and that is uh that's a very frustrating thing for me as uh the presiding officer and trying to navigate where we're going.
Um maybe I pine for the days where I worked on a split council with the town manager that um could help navigate and to be creative with um you know with different ideas that could be um that could be put out there to be discussed.
I think the page property um I'm trying to figure out what's uh what's a compromise for that.
Um certainly with the church was one of them.
But we can go into all those details forever, and um I think that that won't uh address what I was trying to address tonight, and it was a macro discussion about the contract and our leader, the micro about the 360 report.
Um I um I will schedule for a date certain in the future um for us to go through there um understanding there is uh not support to uh to make a change.
Oh mayor.
Um one last thought.
Um there were also some other comments made the 19 million dollar um parks and open space facility, um, although staff said that it would cost 40 million to go to a different site.
Um I've spoken to Malcolm about that, and he doesn't know where that number came from, and that's not a um anything that's grounded in in any information that has been shared with me at that point.
I also want to address um a third party.
I get passionate.
And you've seen me get passionate when um I have excitement or when people lie, um I will definitely um um have that uh that energy because I don't think it's right um when that happens.
I understand though on the other side uh that um you know I need to temper that and I I get that.
Um I could also um ask for a motion and just let the vote happen and see where it falls.
Um so um, you know, I'm not quite sure because this wasn't a discussion about the micro.
We'll get to that if there is an energy for a change.
Why are we having a second macro discussion when we had a macro discussion a month ago?
You can what you get you you got our opinion.
And you just gonna keep coming back until you get the answer you want.
No, because I caught you all off guard.
There was no time to be thinking about it.
One of the hardest things for all of us as elected officials is that I can't call Emily up.
I can't call up Dan, I can't call up John.
I can't do the same thing with those on the right and actually try to understand where people are at.
So the only way to do that is um in executive session.
And so then give us efficient notice, not 24 hours notice.
Well, and I didn't give you any notice the the first time.
Can I so hold on?
We're not just gonna refer all.
I'll go to the mayor pro ten.
I've been raising my hand for a long time.
I'm going to protect.
I'll I'll yield my time to you and come back.
Is that all right?
Is it?
I don't need a donation.
I've been asking for my right for a long time.
I didn't I'm I I wasn't you saw me, but you ignored me.
Okay, that's what I'm saying.
Councilmember Pestramelli, you have the floor.
So yeah, so one thing you mentioned about leadership by omission, and you're a best example because there were so many things that happened in district one in which only John Montallero was involved in district where Emily works.
She's not included.
And you do this and you call others the same thing.
How fair is it?
We can talk about your districts.
I that is not a good idea.
No, it's not it's not the district.
It's not about district.
I'm talking about something you said about leadership by omission.
Okay.
I was omitted many times, and I wanted to bring it on record.
Not purposely.
I hear you.
Okay.
Purposely or not, it's going to I'm going to suggest uh because uh council member O'Connor that had a fair point.
Um I do think the macro level discussion is important.
And I will just say for myself, um, between the last time we talked about this and now um there's a number of things that we've been told about that have changed my opinion on this that I had at that time.
And um those are things we can't talk about in open session.
So um, but with respect to um people not having time re and uh I was the same thing.
I I uh read the 360 reviews, I had kind of scammed through them and and maybe five minutes uh time.
So uh I I think that's a fair point.
Um I I would suggest that we have a date certain to uh discuss this again before making um any sort of decision going forward because I I I think this is important and I think there are uh other issues regarding the the future of this town that that I I think uh need to be discussed.
Okay, so um I'll get this on the agenda um and I'll work with Malcolm and our attorney on whether it's exec session or whether it's public um for the um 360 uh review.
Um I think we can make that work for uh for next Tuesday and uh then we'll go from there.
All right, with that, this meeting is adjourned.
Town of Erie Council Meeting Summary - February 10, 2026
The Town of Erie City Council convened on February 10, 2026, to approve the consent agenda, hear public comments regarding community safety and childcare, adopt a Black History Month proclamation, and amend sign regulations. The meeting concluded with a public discussion regarding the potential replacement of the Town Manager, following a preliminary executive session and a review of a 360-degree performance evaluation.
Consent Calendar
- Approved the January 20, 2026, and January 27, 2026, town council meeting minutes.
- Approved Proclamation 2026-21: School Resource Officer Appreciation Day.
- Approved Resolution 2026-085: Professional services agreement with Colab Architect for a recreation campus feasibility study.
- Approved Resolution 2026-102: Amendment to the professional services agreement with Brothers Redevelopment Incorporated.
- Approved Ordinance 2026-096: Organization of the Erie Sports Business Improvement District, including its board, boundaries, and operating budgets for 2025 and 2026. Note: Items regarding the Black History Month proclamation and the North Water Reclamation Facility lamp upgrade were moved to General Business or deferred to a future agenda.
Public Comments & Testimony
- Shannon (residing in Thornton): A transracial adoptee and mother of a biracial child expressed complete fear for her daughter's safety and her own safety due to the proximity of an ICE enforcement office to downtown Erie. She stated she has no choice but to prepare legal plans and emergency protocols for her family. She argued that leadership is not neutral and fear is a lived reality for many color, citing a lack of accountability and clear safety policies from the town. She called for the Council to use their privilege to build bridges and ensure the community is inclusive as promised in the Home Rule Charter.
- Casey Hedrick (Executive Director, Early Childhood Council of Boulder County): Expressed that Erie is a childcare desert with insufficient licensed slots to meet demand. She stated that child care must be viewed as essential infrastructure. She proposed that the town incentivize developers to incorporate childcare and streamline zoning processes to reduce barriers for providers. She offered a partnership with her organization to address systemic childcare issues.
Discussion Items
- Black History Month Proclamation: Councilmember Bear sponsored the proclamation, emphasizing the importance of elevating stories of people of color and recognizing the impacts of historical marginalization. She stated that acknowledging Black history reinforces a shared responsibility to promote equity.
- Sign Code Ordinance (004-2026): Staff presented amendments to Section 10-6-12 of the Municipal Code, proposing to increase temporary sign display time from 30 to 120 days per calendar year and consolidate sign standards into a cohesive table. Councilmember O'Connor requested clarification on enforcement processes for prohibited signs and moved to amend the ordinance to specify that sandwich boards shall not exceed six square feet per side.
- Town Manager Personnel Discussion: Mayor Moore initiated a public discussion regarding the Town Manager, Malcolm Fleming, after a previous executive session. Mayor Moore stated her conclusion that it is time for a change at the top, citing a need for a leader with greater visibility, strategic focus, and communication. She expressed concern over leadership by omission, including lack of information dissemination regarding the Page Property, Red Tail Ranch, and ARPA funds. Councilmember Bear defended the Town Manager, stating his 360 review was glowing, and disputed claims that he lacks vision or that the Mayor screams at staff. She suggested the frustration stemmed from the Council's own challenges in reaching consensus rather than the Manager's performance. Councilmember Pezramelli disputed the Mayor's conclusion, arguing the request for change felt like a personal attack and cited a lack of specific performance data to support the claim. Councilmember O'Connor and others expressed a need to review the full 360 report before making a decision, noting they had not had sufficient time to analyze the document.
Key Outcomes
- Consent Agenda: Approved unanimously.
- Sign Ordinance: Ordinance 004-2026 was approved with an amendment clarifying sandwich board sign size limits to six square feet per side.
- Black History Month: Proclamation officially adopted for February 1–28, 2026.
- Town Manager Contract: The Council did not vote to terminate or retain the Town Manager during this session. Due to the complexity of the personnel issue and the timing of the 360 review release, a vote was deferred. The Mayor agreed to schedule a future meeting (proposed for the following Tuesday) to conduct a more thorough review, with the format (public or executive session) to be determined in coordination with the Town Attorney and Town Manager.
- Public Comment: 3-minute limit was strictly enforced for all speakers.
- Executive Session: The meeting moved to executive session to discuss negotiation strategies and real property acquisition (striking the personnel portion per Town Manager request), but concluded with a public discussion on the personnel matter.
Meeting Transcript
And a call to order the town council meeting on February 10th, twenty twenty-six. Will you please rise and join me in the Pledge of Allegiance? Under God, indivisible with liberty and justice or all. Okay. Councilmember Mortalero. Here. Councilmember O'Connor. Present. Councilmember Hoback? Here. Councilmember Passamarelli. Present. Mayor Pro Tem Bell. Here. Councilmember Bear. Present. And Mayor Moore. Here. Mary Am Corn. All right. Thank you. Uh, before I ask for approval of the agenda, there's two items on the consent agenda. Uh that I'm going to adjust. The first one is item twenty twenty-six sixty-five, the Black History Month twenty twenty-six proclamation. We're going to move that on to general business. And the second item is item twenty twenty-six six sixty-three, a resolution of the town council, the town of Erie, uh, to purchase modules and lamp upgrades from ch Trojan technologies for the North Water Reclamation Facility. Uh, that second one is getting pulled, and it'll it will come back to us on another agenda. Uh so with those two changes, uh, do I have a motion to approve the consent agenda? So move. Second. All right. All in favor, say aye. Aye. Aye. All opposed, say no. Okay, motion carries. We have uh consent agenda. We have an agenda. Um, I'll go through the uh consent agenda items now. Uh the first item is uh twenty twenty-six one fifteen, approval of the January twenty twenty twenty-six town council special meeting minutes. The next item is twenty twenty-six one fourteen approval of the January twenty-seventh twenty twenty-six town council meeting minutes. Uh next item is twenty twenty-six twenty-one school resource officer appreciation day proclamation sponsored uh by council member um O'Connor and Pessar Amelli. Uh next item is uh resolution uh twenty twenty-six eighty-five, a resolution of the town council of town of Erie approving a professional services agreement with Colab Architect uh for the feasibility study for a future recreation campus project. Next item is 2026 102, a resolution of the town council of the town of Erie approving an amendment to the agreement for the professional services with Brothers Redevelopment Incorporated. And the last item tonight is 20 uh 2696, an ordinance of the town council of the town of Erie organiz organizing the Erie Sports Business Improvement District, describing its boundaries and service areas, establishing the board of directors and approving the 2025 and 2026 operating plan and budget. With that, I'll see if we have a motion to approve the consent agenda. So moved. Second. All right, motion and second. All in favor, say aye.
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