Minutes: July 2015

THE TOWN OF MOUNTAIN VIEW
TOWN COUNCIL MEETING
MINUTES
JULY 13, 2015

PRESENT: Mayor Jeff Kiddie; Mayor Pro-Tem Patricia Lilliston; Councilmembers: Leola
Boone; Dodie Dosh; Kathleen Hancock; and Lisa Maurath

ABSENT: Councilmember Lou Fehlberg

STAFF MEMBERS
PRESENT: Ryan Malarky, Town Attorney; Mark Toth, Police Chief; Beverly Seidel, Court
Clerk, and Sarah Albright, Interim Town Clerk/Treasurer recorded the meeting.
Minutes are not verbatim.

MEETING TIME: 7:03 PM

LOCATION: Town Hall

REGULAR MEETING OF THE TOWN OF MOUNTAIN VIEW TOWN COUNCIL TO ORDER AT THE TOWN HALL/ROLL CALL
Mayor Kiddie called the meeting to order and asked for the roll call vote. No conflicts were declared at this time.

CONSENT AGENDA
Kiddie introduced the agenda item.

Councilmember Boone motioned to remove Item B from the Consent Agenda for questions. Councilmember Dosh seconded and it was passed by roll call vote of the council members present.

Councilmember Lilliston moved to allow Items A (Summary Cash Sheet) and C (May 11, 2015 Meeting Minutes) of the Consent Agenda. Councilmember Maurath seconded and it was passed by roll call vote of the council members present.

Boone stated that she was not clear what the Victim Outreach was.

Dosh noted it was every three months.
Chief Toth explained the reason for the amount of $3,000. It has been a part of the police department since he has been there.
Boone asked about the amount with the Kaiser Permanente.
Dosh explained it was the medical insurance for three people, health insurance.
Boone thanked everyone for their patience and answering her questions.
Councilmember Boone moved to ratify Item B Accounts Payable for June 2015, the Check Detail Report. Councilmember Lilliston seconded the motion and it was passed by unanimous roll call vote of the council members present.

PUBLIC COMMENT
Kiddie introduced the agenda item. There were no public comments at this time.

SECOND READING ORDINANCE NO 2015-06-08, AN ORDINANCE AMENDING ARTICLE 14 OF CHAPTER 8 OF THE MOUNTAIN VIEW MUNICIPAL CODE TO ELIMINATE IMPRISONMENT AS A POSSIBLE PENALTY FOR VIOLATIONS OF CERTAIN TRAFFIC INFRACTIONS
Kiddie introduced the agenda item and read the Ordinance into the record.

Councilmember Lilliston moved to approve Ordinance No. 2015-06-08. Councilmember Maurath seconded and it was passed by unanimous roll call vote of the council members present.

RESOLUTION NO. 2015-07-13, A RESOLUTION AUTHORIZING THE COORDINATION OF THE NOVEMBER 3, 2015, REGULAR ELECTION WITH JEFFERSON COUNTY UNDER THE UNIFORM ELECTION CODE
Kiddie introduced the agenda item.

Attorney Malarky stated the idea behind this request is that the Town coordinates its November Election with Jefferson County and that is because there is a TABOR issue, a question about the marijuana sales tax and retaining that excess amount, and TABOR has certain requirements for sending out notices with TABOR questions and if there is overlapping jurisdictions, for instance some other special districts, TABOR requires that all TABOR questions be grouped into a packet and sent out at the lowest possible cost. This is a common practice for communities with TABOR questions to coordinate with the County. There are certain deadlines that will be put in place that the County requires and all set forth under state law. With council approval, Sarah would contact the county to let them know that the town has a ballot issue and would like to coordinate the election to begin the process. There will be an intergovernmental agreement (IGA) with Jefferson County setting forth the parameters, how the coordination will work. It’s a standard agreement. Then we follow deadlines and timelines as we move forward. His office will provide Sarah, and town staff, with an Election calendar to make sure that all the deadlines are met. Then the county will ultimately will be responsible for sending out the notice for the TABOR issue and ballot information.

Dosh stated there is a cost for that and in fact they charged us more.

Councilmember Hancock remembered some issue.

Malarky stated he had spoken with Sarah about it and coordinating saves administrative time.

Lilliston asked if the fee would be available up front.

Hancock asked if the general election would be here.

Malarky stated all of it would be coordinated. He said there were specific deadlines and he hit some highlighted in his notes. The town would need to enter into an IGA with the County by Tuesday, August 25, 2015. The full text of the ballot issue would need to go to the county by September 22, 2015, so the town council would need to approve that at its next meeting to allow members in the community to draft comments on that specific issue. Nomination petitions for the three (3) council members that are up for re-election (Lisa, Kathy, Lou) can begin circulation August 4, 2015, and must be filed with Interim Town Clerk by August 24, 2015.

Kiddie asked if that was in accordance to the Charter.

Malarky stated yes by doing this they would be adopting the requirements of the coordinated election, which is the Uniform Election Code.

Dosh stated there will only be one ballot through the county.

Discussion continued on the benefit of one ballot county-wide, nothing held at town hall, everything done through the county, no need for election judges, the cost savings, and the county sending the ballots out.

Malarky stated our requirement is to send the information within the time line as state law requires and then the county takes it, incorporates it into the form it needs to be.

Kiddie stated if council needed, they could do emergency ordinance.

There was some discussion regarding the three open seats for council, the process for the nomination petitions, the August 24th deadline for the nomination petitions, and notifying of the openings, and how it is earlier than previous times.

Dosh stated they had also discussed the raise of pay for council members, need to address that also.

Hancock asked what if the vote didn’t pass.

Malarky stated as a reminder if you were to impose a new salary cap it doesn’t apply to current town council members, it would be future town council members. He wanted to also ask if they did choose to coordinate the election, that the motion include the Interim Town Clerk be designated as the Designated Election Official, which is just a category under state law allowing Sarah to complete the necessary steps on their behalf to move forward.

Dosh moved to approve Resolution No. 2015-07-13 and also designating the Interim Town Clerk as the Designated Election Official (DEO). Councilmember Hancock seconded and it was passed by unanimous roll call vote of the council members present.

Lilliston asked a question with regard to all of the deadlines and the petitions for council members and wanted to know who will be doing that.

Malarky stated that an Election calendar will be provided that will have the deadlines and checklists with dated and when they need to be completed. The DEO will direct and with their support move forward. They will get a memo explaining any outstanding issues such as the nomination petitions and such to let her know how to start the circulation. That will be ready in the next few days.

LETTER FROM COUNCIL TO REQUEST AUDIT EXTENSION
Kiddie introduced the agenda item and turned it over to the Finance Committee.

Dosh stated they need to request an audit extension.

Lilliston asked the time line involved.

Malarky asked when the fiscal year ended, was it December 31, 2015.

Kiddie confirmed it was December 31, 2015. He said they have to have the request in by July 31, 2015.

Malarky stated they can get a up to a 60 day extension by filing a written request with the state auditor; that needs to be done soon because if you get to eight (8) months after your close of fiscal year, that’s when the state auditor can advise per notice that you are delinquent, and if another month goes by, then the state auditor can say you need to do an audit and they can force it and you will pay for it and then they can tell the county to withhold any taxes.

Lilliston stated she would like to avoid that without too much discussion. July 31st is before the next council meeting; that’s about two weeks. She asked if there was a form or letter generated from the Town.

Kiddie stated that under normal circumstances, it would be the accountant filing the extension.

Town Clerk Jackson stated she was directed by Chuck Reid to draft the request for an extension and get it in and hopefully it will be expedited. The accountant would normally file it but the Town will request the extension until September.

Malarky stated he would draft a resolution authorizing Linda S. Jackson as Town Clerk to pursue obtaining the extension.

Councilmember Hancock motioned to have the Town Clerk pursue the Audit extension to September. Councilmember Lilliston seconded and it was passed by unanimous roll call vote of council members present.

COMMITTEE REPORTS/STAFF UPDATES AND/OR REPORTS
Court Update
Court Clerk Seidel distributed her report to Council. She stated that she did add the Spanish interpreter to the update to give you an idea how long she is here, which is the whole day of court. She apologized for not having it in the packet; she had the judge review it beforehand. She added a letter regarding insurance benefit. She will be in need of health benefits so she is coming to ask council to consider the benefit. She said she would be happy to provide a few interesting things if they would be interested.

Lilliston appreciated including the Spanish interpreter in the report. She asked if there was ever a need for other languages, hearing impaired, etc.

Seidel stated yes back in January. If they request it they will continue and get what they need, or if an officer notes they need additional help. She never had anyone request for hearing impaired. The officers usually notify her in advance.

Seidel thanked Council for their time.

Economic Development/Chuck Reid
Consultant Reid was not in attendance. There were no updates.

Finance Committee / Lisa Maurath and Dodie Dosh
Maurath stated they still had recommendations from last month for consideration and wanted to mention that with budget time we need to get a better handle on our staffing needs for next year. She wanted to sit down with the mayor and Chuck, if agreeable to everyone, to put that together to bring back to council for review to incorporate it into the budget.

Lilliston stated that it made sense. We have a list of many considerations and will need a timeline, a date to have that determined. She asked if it was a good time to ask questions of the Finance Committee. With regard to the recommendations and the status of not having an accountant, she asked how they anticipated they proceed; what has been done with regard to talking to individuals, to getting a temp service She was wondering what the plan was.

Maurath stated what the original proposal was that we would have an in-house accountant. We couldn’t move forward to bring any one in as no decision was made last month. As far as an outside firm, Chuck has someone that he knows that may be interested.

Kiddie stated he thought it would be towards the end of this week. She is a former accountant for the City of Englewood, and she has her own company and is located in Broomfield. The cost of what we did will far outweigh what we were charged; all the audit work, the audit prep, provided it is in the correct form and yet if they must do any further discovery it would be expensive.

Lilliston stated when the discussion would be timely with regard to making a decision.

Malarky stated that on the agenda was an executive session with him to ask any specific legal questions you might have about the status of the agreement. You could address it then and it would be in confidential executive session; if you want to talk about it now you can do that but it would be public record.

Lilliston stated she didn’t want anything overlooked and we have spent a lot of time skirting the issue.

Planning / TJ Dlubac
Planner Dlubac’s report was in the packet.

Lilliston stated with regard to that meeting, the Board of Adjustment and Appeals met; are we able to hear the outcome of that meeting?

Malarky stated there was a variance request for the fence at The Sniff Shack, to allow them to build a seven (7) foot fence and that was approved. At 4347 Chase, the request was to reduce the setback in the rear of the lot to allow them to potentially extend their garage which was part of their main building, to extend it to five (5) feet from the rear property line and that was approved. He was drafting resolutions as all actions by the Board of Adjustment and Appeals needs to be by resolution. The Chairperson for the Board will approve and sign them and then it will be recorded with the Jefferson County Clerk and Recorder.

Public Safety / Chief Mark Toth
Toth distributed his report. He briefly gave them an overview of the statistics for June/July 2015. Property was recovered from burglaries. Sniff Shack had a burglary on Saturday night; it was not secured. We were on the news and it was positive fashion. The RMS agreement had to be approved from all the legal counsel with all the agencies and it was approved. The board met that day and it was approved. He will provide the final copy for next month’s meeting so they may review and approve it.

Town Attorney’s Report and Update / Ryan Malarky
Malarky stated that he had an update but we are in the same position as last time, we will finalize the wording and bring it to the next meeting for approval and then submittal to the county.

COUNCIL MEMBERS’ REPORTS/ITEMS
Discussion Budget Information/Requests from Departments – Mayor Pro-Tem
Lilliston stated she would be brief. We actually spoke at the last staff meeting and this was a reminder that various departments had any requests for the upcoming year, the employees at town hall, the court, the police department and the council as well. She had been keeping a list of what they have been discussing, referring to salaries, rate fees, consideration for those who attend conferences, websites, technology. She proposed they could set a time to meet or if they felt it would be more efficient to have a committee compile the list to share at a later date would be fine. We need to have the information in some type of format for the audit and to know what is anticipated. She asked if council would like to meet as a study session.

Maurath stated she would like to get everything drafted together for the next meeting.

Kiddie noted Tuesday, July 21, 2015, at 7:00 PM, will be a study session for those who can attend to discuss and compile a needs list for the budget to review the needs.

Lilliston will check with Chuck to add his comments.
Discussion Staff Insurance
We need to discuss the need to offer insurance, whether it is fifty percent employee pay or whatever. It is a budget item for next year’s budget.

MAYOR’S REPORT/ITEMS
Kiddie stated he had nothing to report other than he noted that NPR played sound bites used from the 9News interview; he had over six customers heard it and there were getting positive feedback. Mountain View was mentioned in the Sunday Denver Post. The Comcast agreement has been signed and it’s in their hands. He also asked for a recommendation for future drops from Glenn, our IT person, to quote WIFI feeder and a drop for a monitor and/or projector for study sessions. They said about 45 days for the phones, by September. We will be looking to have the town hall staff workstations set up as workstations. Carbonite is going to be an added cost. He thought it was well worth it. It is an off-site backup.

Lilliston asked about interest with regard to the Public Works position which was posted on CML from June through July 17, 2015.

Albright asked if council wanted to have an interview committee to review the applications then select from the two.

Lilliston said they should move forward.

Kiddie suggested that they include Chuck and noted Sarah could email applications to council for review… He wanted Toth and Reid in the interview process.

Lilliston stated we can move forward with the two applications they have and have the committee interview the applicant and that was what she proposed.

The Unpaid Bills Report was distributed by the Finance Committee. There were some questions on the three that need to be researched. Maurath stated they have been on the report for quite some time and asked Sarah to research them. Jackson stated the accountant has to remove the bills in QuickBooks (Waste Management, AT & T and Sprint/Nextel). They were double entry billings.

BREAK IN SESSION
8:13 PM

BACK IN SESSION
8:15PM

COUNCIL TO GO INTO EXECUTIVE SESSION PURSUANT TO C.R.S. 24-6-402 (4) (b) FOR THE PURPOSE OF A CONFERENCE WITH THE TOWN ATTORNEY TO RECEIVE LEGAL ADVICE ON SPECIFIC LEGAL QUESTIONS CONCERNING THE TOWN’S AGREEMENT FOR ACCOUNTING SERVICES WITH COMMUNITY RESOURCE SERVICES OF COLORADO, LLC
Kiddie introduced the agenda item into the record.

Councilmember Lilliston moved to allow the Council to go into Executive Session pursuant to C.R.S. 24-6-402 (4) (b) for the purpose of a conference with the town attorney to receive legal advice on specific legal questions concerning the Town’s agreement for accounting services with Community Resource Services of Colorado, LLC. Councilmember Dosh seconded and it was passed by unanimous roll call vote of the council members present.

Kiddie noted the time was 8:15 PM.

MEETING TO ADJOURN
Kiddie noted the time to be 8:51 PM and we are out of Executive Session which was for the purpose of a conference with the town attorney to receive legal advice on specific legal questions concerning the Town’s agreement for accounting services with Community Resource Services of Colorado, LLC.

Malarky asked for a motion to authorize for the Mayor to communicate with CRS to arrange the settlement for payment and products due.

Councilmember Lilliston moved to authorize Mayor Kiddie to speak with Community Resource Services to arrange the settlement for payment and products due to the town. Councilmember Boone seconded and it was passed by unanimous roll call vote of council members present.

Kiddie stated one more item we need to search for an accountant quickly. There will be meetings and we need to move quickly. We will need another computer; a work space, etc.

Councilmember Lilliston moved to adjourn the meeting until August 10, 2015. Councilmember Hancock seconded and it was passed by unanimous roll call vote of council members present. The meeting adjourned at 8:55 PM.

ATTEST:

______________________________
Sarah A. Albright, CMC
Interim Town Clerk

TOWN OF MOUNTAIN VIEW COUNCIL

______________________________________

Jeff Kiddie
Mayor