Minutes: January 2016

THE TOWN OF MOUNTAIN VIEW
TOWN COUNCIL
MEETING MINUTES
JANUARY 11, 2016
7:00 PM

PRESENT: Mayor Pro-Tem Patricia Lilliston; Councilmembers: Leola Boone; Dodie Dosh;

Jon Richardson; Glenn Levy; Susan Rausch

ABSENT: Mayor Jeff Kiddie; Chuck Reid, Economic Consultant

STAFF MEMBERS

PRESENT:  Ryan Malarky, Town Attorney; Chuck Reid; Economic Consultant/Admin;

Mark Toth, Police Chief; Bev Seidel, Court Clerk; Sarah Albright, Town

Clerk/Treasurer recorded the meeting.  Minutes are not verbatim.

MEETING TIME: 7:00 PM

LOCATION: Town Hall

REGULAR MEETING OF THE TOWN OF MOUNTAIN CALLED TO ORDER AT THE TOWN HALL, 4176 BENTON STREET/ROLL CALL

Mayor Pro-Tem Lilliston called the meeting to order.  Roll call. No conflicts were declared at this time.

LICENSING AUTHORITY BOARD CONVENED

Lilliston called the meeting to order at 7:02PM and introduced the agenda item for Medicinal Wellness Center, LLC.

Attorney Malarky stated there were a few applications on behalf of Medicinal Wellness Center, LLC.  First on the agenda is the medical marijuana center type 2 license renewal application which was a premature renewal.  After speaking to the applicant, represented by Steven Hickox, in their effort to make sure all their license applications for all their locations were submitted together, this application does not expire until June 30, 2016, and suggested that it be pulled from the agenda at this time. 

Councilmember Dosh motioned to table agenda item to be heard at a later time closer to renewal date. Motion was seconded by Councilmember Levy and was passed by unanimous roll call vote of council members present.

The second application reviewed was the Retail Marijuana Store License Renewal Application.   The application was timely filed and complete and the renewal fees were paid.  He provided a quick summary for the license and options to act on and sample language for the motions.

Councilmember Dosh motioned to approve the application license renewal.  Motion was seconded by Councilmember Boone and was passed by unanimous roll call vote of council members present.

Malarky stated the modification of premises application for the Center Type 2 was before them. He asked the representative to give them an overview of what they were doing to the building. 

Steven Hickox, one of the owners, explained the modification of premises to Council.  He noted the layout of the store and they would not be changing the premises.  Discussion included: history of the building layout; original medical store location; expansion of east half of location; tying the sides together; customer flow and staff flow; and security of space.

Councilmember Levy motioned to approve the modification of premises application.  Motion was seconded by Councilmember Richardson and was passed by unanimous roll call vote of council members present.

CONVENE TO REGULAR MEETING OF THE TOWN

The Licensing Authority Board meeting adjourned at 7:15PM and Lilliston called the regular meeting back in session at 7:15PM.

CONSENT AGENDA

Lilliston introduced the agenda item.

Councilmember Dosh motioned to approve the Consent Agenda as presented.  Motion was seconded by Councilmember Rausch.  All aye and motioned was passed.

UNSCHEDULED PUBLIC COMMENTS

Lilliston introduced the agenda item.

David Benlolo, member of Tru Cannabis, introduced himself.  He wanted to open the discussion with the Council and the Town and the residents, regarding extended hours for the operation of the cannabis shops.  He referred to the City of Edgewater which has later hours and with that additional revenue, roughly 40-50% of that revenue has been generated during the later hours.  They wish to have consideration for the recreational side only to be open until 11:30PM, 9:00AM to11:30PM. They were looking to be open seven days a week. 

Steven Hickox, Medicinal Wellness, LLC, commented that they were in favor of this as well.  The recreational store receives many out-of-town customers, arriving in Colorado at different times of the day and night.  The location is a convenient stop over so to have the hours of operation opened up would make it convenient for out-of-town buyers in particular.

Bruce Nassau introduced himself. He was also one of the principles of the company.  He had a conversation with the new mayor at City of Edgewater who encouraged him to pass on that they were happy with the new hours and to contact the mayor for his feedback.

Craig Adelman introduced himself.  He was also one of the principles of the company.  He stated in the past some of the prevailing concerns were security and noise and parking and the smell. They have put together a book to hand out addressing some of the concerns for the evening hours.  They are very excited to be a part of this community and would like the opportunity to present and overcome any objections if needed.

Lilliston stated there are things to be discussed and to be considered.  She thanked them for their time.

DISCUSSION REGARDING 4180/4184 AMES ST

Lilliston introduced the agenda item.

Malarky had brief comments regarding the properties at 4180/4184 Ames.  At an earlier meeting, they had discussed the condition of a duplex at 4180/4184 Ames Street. They discussed the avenues they had with regard to the safety concerns of that building. He was directed to assist the Town in sending a letter to the property owners advising them of the status and concerns of their property.  The Town had the mayor issue the letter to them. The mayor asked this be on the agenda.  This was not the opportunity to debate the matter and or to decide how to proceed.  And he stated they could consider the option to authorize or direct him to work with the mayor or mayor pro-tem moving forward. He stated to the property owners if they wished to address councilmembers it was appropriate now.

Ms. Sherian Graham and Mr. David Zink, property owners, introduced themselves.  They were there to discuss the circumstances that brought them to this point.  They shared the current situation and asked for 90-day extension to get this resolved.  They do have an offer for the property.  The insurance company had drawn it out.  They did have a company do the asbestos testing and did asbestos removal and then yet another removal was finished in October.  They do have the clean air certificate.   They were there to ask for some additional time to resolve the situation.

Lilliston noted that everything she had stated was in the paperwork they had.

After a lengthy discussion, it was suggested to grant a 30-day extension and Councilmember Richardson will inspect the property of its overall condition as they exist now and have not deteriorated.  The item will be brought back to the February 8, 2016, council meeting for follow up.

Councilmember Dosh motioned to grant the 30-day reprieve from enforcement with the condition that the property owners allow the property to be inspected by the Town, and that the property does not deteriorate or become a greater safety risk. Motion was seconded by Councilmember Boone and was passed by unanimous roll call vote of council members present.

2014 AUDIT

Lilliston introduced the agenda item.

Lorraine Trotter, Town Accountant, introduced herself.  She distributed the draft financial statements and updated the council of their financial status.  We did have an extension on the audit because of the way things were left.  It started in December and has gone fairly smoothly. The current accounting software is not meant for city accounting, it doesn’t handle funding software.  It brings it to one bottom line instead of four. Many things must be done by hand.  The good news is it looks good. The Town had a good year. The auditors have not issued their final letter thus the handout is stamped draft. She discussed the Financial Statements for the Town of Mountain View, dated December 31, 2014.  Items to consider would be the reserve funds and number of months to have, in the event of a catastrophe, and taxes. She explained what the enterprise fund was. They had no long term liabilities and that is a positive; it’s very good.  She noted that a copy of the HUTF report would be here and she will have to re-submit the HUTF report.

She stated the 2015 Audit is due to the Department of Local Affairs by July 31, 2016.  She will begin getting 2015 closed this next week.  The auditor has not been decided yet.  She thought possibly April-June, somewhere in that time frame, the audit would happen.

Council thanked her for her time.

COMMITTEE REPORTS/STAFF UPDATES AND/OR REPORTS

Lilliston introduced the agenda item.

Admin Committee – Leola Boone, Susan Rausch, Chuck Reid

Rausch gave a brief overview of the report which was distributed.

Economic Development – Glenn Levy, Susan Rausch, Chuck Reid

Levy gave a brief overview of the report which was distributed.

Finance Committee – Dodie Dosh, Patricia Lilliston, Sarah Albright

Dosh gave a brief overview of what the committee members reviewed.  The committee is waiting for final numbers for 2015 then they can review against the budget.    

Public Safety Committee – Glenn Levy, Jon Richardson, Chief Toth

Richardson gave a brief overview of the meeting they held.  They talked about concerns and things in the neighborhood, what the future brings.

Public Works Committee – Patricia Lilliston, Jon Richardson

Code Enforcement and Public Works Posting Update/Interviews

Lilliston stated that there have been no additional applications received. There is a desire to have the

positions filled. She asked if the charter allows the mayor to make an appointment to these positions

or is that not correct. Malarky he was not sure if the mayor could do that and stated the council could

setup a committee to interview applicants. Lilliston and Richardson will be meeting as the committee.

Court Clerk / Bev Seidel

Seidel distributed the quarterly report to Council and gave an overview.  She explained the procedures followed when records request forms are received and the procedures to fulfill the request.  She invited the council to attend court to observe.

Police / Chief Mark Toth

Toth noted there was no report.  He is down two full time positions right now. Niche is back reviewing everything related to the project.  Mountain View will be one of the first agencies to start with implementation; it’s about a year away. DOJ did a reduction in funds which means they’re doing a 3-month deferral.  Equitable sharing payments are on hold and will continue to be reviewed and will resume payments when the budget allows.

Town Attorney’s Report and Update / Ryan Malarky

Malarky stated primarily his focus was doing the resolutions and agreements for this meeting’s agenda, and helping Sarah with the marijuana licensing and following up with the applicants.  He assisted the chief, in a limited role, with the officer shooting.  He did municipal court also.

Town Clerk/Treasurer / Sarah Albright

Albright’s report was in the packet.  She stated she will be assisting the accountant to close out 2015 and work out the issues within QuickBooks before generating the first quarter sewer/trash billings to mail, and the official “hand-off” call with Caselle January 14th, which is the beginning step to move forward with coordinating the software conversion.

Update from Insurance Committee – Councilmember Levy

Levy stated to simplify the options for full time employees, the committee will meet one more time before presenting.  The gold plan is the current plan and they are hoping to offer a fifty percent contribution towards the choice of the gold or silver plan for full time designation, to be as simple as they can. The Town will need a minimum of five employees to sign up in order to offer two separate plans.  There were questions about the clarification of the grandfathered employees, the number of employees interested, and the budgetary concerns and the handbook should be updated at the same time.  The breakdown costs and number of employees will be ready for the February meeting.

Malarky said he thought it would be prudent to update the handbook and if they have suggestions with language he would begin the work on that.

SECOND READING OF ORDINANCE NO. 2015-12-14, AN ORDINANCE AMENDING § 13-5-30 OF THE MOUNTAIN VIEW MUNICIPAL CODE, CONCERNING THE STREET LIGHTING FEE 

Lilliston introduced the agenda item.

Malarky stated ordinance remains the same as when it was originally passed.

Councilmember Dosh motioned to approve the ordinance.  Motion was seconded by Councilmember Levy and was passed by unanimous roll call vote of council members present.

RESOLUTION 2016-01-11A, A RESOLUTION SETTING THE STREET LIGHT FEE

Lilliston introduced the agenda item.

Malarky noted the street light fee resolution will not go into effect until after the ordinance has been in effect.

Councilmember Dosh motioned to approve the resolution.  Motion was seconded by Councilmember Boone and was passed by unanimous roll call vote of council members present.

RESOLUTION 2016-01-11B, A RESOLUTION BETWEEN WASTE MANAGEMENT OF COLORADO, INC.  AND THE TOWN OF MOUNTAIN VIEW FOR THE PROVISION OF TRASH SERVICES TO RESIDENTIAL UNITS

Lilliston introduced the agenda item.

Malarky stated the agreement looked good to legal counsel.

Councilmember Dosh motioned to approve.  Motion was seconded by Councilmember Richardson and was passed by roll call vote of council members present (5-1 Abstain).

RESOLUTION 2016-01-11C, A RESOLUTION ESTABLISHING A DESIGNATED PUBLIC PLACE FOR THE POSTING OF MEETING NOTICES – TOWN ATTORNEY

Lilliston introduced the agenda item.

Councilmember Dosh motioned to approve.  Motion was seconded by Councilmember Levy and was passed by unanimous roll call vote of council members present.

COUNCIL MEMBERS’ REPORTS/ITEMS

Lilliston noted that Levy already gave an update earlier.

      

MAYOR’S REPORT/ITEMS

Lilliston introduced the agenda item and Mayor Kiddie was not in attendance.  She said his desires were reflected in the agenda.

Lilliston commented on the webinar with the handbook they all received and she recommended they see it.  And she would be attending CML training later in January along with Boone, Dosh, and Rausch. She will also be representing Mountain View for the Wheat Ridge Association Business breakfast Tuesday.

MEETING ADJOURNED

Councilmember Rausch motioned to adjourn and seconded by Councilmember Levy. It was passed by unanimous roll call vote of council members present.  Meeting adjourned at 9:05 PM.

ATTEST:

______________________________
Sarah A. Albright, CMC
Interim Town Clerk

TOWN OF MOUNTAIN VIEW COUNCIL

______________________________________

Jeff Kiddie
Mayor