THE TOWN OF MOUNTAIN VIEW
TOWN COUNCIL MEETING MINUTES
JANUARY 14, 2019
PRESENT: Mayor Glenn Levy; Councilmembers: Emilie Mitcham, Mayor Pro Tem; Kathleen Bailey; Mladenka "Mia" Boehrer; Adam Ellsworth; Adam Hillig; and Chelsea Steen
STAFF MEMBERS PRESENT: Gene Bird, Public Works; Beverly Seidel, Municipal Court Clerk; and Sarah Albright, Town Clerk/Treasurer who recorded the meeting. Minutes are not verbatim.
MEETING TIME: 6:32 PM
LOCATION: Town Hall
THE TOWN OF MOUNTAIN VIEW TOWN COUNCIL CALLED THE SPECIAL SESSION MEETING OF THE TOWN OF MOUNTAIN VIEW TO ORDER
Mayor Levy called the meeting to order and roll call taken with members that were present.
CONSENT AGENDA
Levy introduced the agenda item.
Councilmember Mitcham made the motion to approve the Consent Agenda as amended and Councilmember Boehrer seconded. All Aye. The motion passed.
UNSCHEDULED PUBLIC COMMENTS
Levy introduced the agenda item.
There were no comments.
PROCLAMATION FOR NATIONAL RADON ACTION MONTH
Levy introduced the agenda item and read the proclamation into the record.
It was noted there are free radon test kits through the end of January at Jefferson County.
Items on the agenda were moved to accommodate the officers in the audience.
RESOLUTION NO. 2019-01-14A, A RESOLUTION CONGRATULATING OFFICER TYLER BROWN, NEWLY ELECTED SHERIFF OF ARAPAHOE COUNTY
Levy introduced the agenda item. He asked for a volunteer to read the resolution into the record. Mayor Pro-Tem Mitcham volunteered.
Mitcham read the resolution.
Sheriff Tyler Brown expressed his thanks to the citizens of the Town and the Council and Chief Toth publicly. The Town of Mountain View will always have a special place in his heart. If there was an opportunity down the road to return, he would come back and serve. (laughter). The staff they have is amazing and he wished all the best of luck and he appreciated the resolution. (applause)
Councilmember Bailey made the motion and Councilmember Hillig seconded. All Aye. The motion passed.
RESOLUTION NO. 2019-01-14B, A RESOLUTION CONGRATULATING DETECTIVE RICK REIGENBORN, NEWLY ELECTED SHERIFF OF ADAMS COUNTY
Levy introduced the agenda item. He asked for a volunteer to read the resolution into the record. Councilmember Ellsworth volunteered.
Ellsworth read the resolution.
Councilmember Ellsworth made the motion and Councilmember Boehrer seconded. All Aye. The motion passed.
Sheriff Reigenborn expressed his comments, which will be short. He said thanks. It was a privilege. To be working at this small town, it was unique and anything Adams County can do to help, they are closer than Arapahoe County. (laughter) He appreciated everything. (applause)
PUBLIC COMMENTS REGARDING CURRENT AGENDA ITEMS
Levy introduced the agenda item.
Patricia Lilliston, 4336 Eaton Street, stated she wanted to attend the meeting due to the agenda. She thanked the officers for all they have done. We are very fortunate to have a police department that the citizens support. Their service was much appreciated.
STAFF REPORTS
Levy introduced the agenda item.
Police - Toth had no report. Sgt. Firko presented the Chief of Police with an award for his 12 years of service on behalf of the Town of Mountain View and the Police Department. (applause) Toth expressed his appreciation and thanks to the Council and the citizens. It has been an honor and will be around during the transition of the new chief. (applause)
Town Clerk/Treasurer - The report was in the packet. She responded to a question regarding the new website. She noted the initial Kickoff Call to will address time lines, project manager assignments, and other items and is scheduled for the next day.
Court Clerk - The report was in the packet. Seidel introduced Judge Mark Pautler and Antonia Munoz the court interpreter. Court notification is a grass roots procedure, and just began this past month, and it is free. She invited all to attend Municipal Court.
Public Works Supervisor - The report was in the packet.
Town Attorney - King noted this month has been quiet. The carport items are still being worked on. Wheat Ridge will be contacted regarding the boundaries and Pat is working with them. She has a presentation later in the meeting.
BREAK IN SESSION
6:57 PM
BACK IN SESSION
7:13 PM
RESOLUTION NO. 2019-01-14C, A RESOLUTION AUTHORIZING THE TOWN OF MOUNTAIN VIEW, ACTING THROUGH ITS WASTEWATER AND STORM WATER ACTIVITY ENTERPRISE TO APPLY FOR A CONSTRUCTION LOAN FROM THE COLORADO WATER RESOURCES & POWER DEVELOPMENT AUTHORITY
Levy introduced the agenda item.
King stated this is a multi-step process. The last step was the loan, design and engineering. This is the actual construction and bond counsel is going to be involved. This is giving the permission to complete the application and move forward.
Councilmember Mitcham made the motion and Councilmember Steen seconded. All Aye. The motion passed.
RESOLUTION NO. 2019-01-14D, A RESOLUTION TO APPOINT STEVEN DAVIS AS THE TOWN OF MOUNTAIN VIEW'S NEW POLICE CHIEF
Levy introduced the agenda item. He stated they received four applicants for the vacant position of which two were interviewed. There will be comments from Chief Toth and the Public Safety Committee Chair, Adam Hillig.
Councilmember Hillig stated they met with the two applicants and after deep discussions, and personal knowledge from Undersheriff Nicastle and Chief Toth, the Committee would like to recommend Mr. Steve Davis, and appoint him as the new Chief of Police. He comes with a wealth of experience in working with small towns and small budgets. He has a very extensive history with the Lochbuie Police Department, building them up and essentially turning that department around when there as the Chief. He has national experience with FEMA as well as a U. S Marshall, and as the PIO at Edgewater, patrolman and a business owner. He has sacrificed his business to become Chief of Police. One of the other candidates was very experienced and had a resume from a larger municipality, Elbert County. Based on his experience and his desire to become Sheriff, he would move on rather quickly. Another applicant spoke with Chief Toth informally, who was from New York, and sounded as if he was extremely over qualified and snatched up quickly.
Toth noted there were four applicants. And another was an applicant from New York, who was over qualified, but in two other processes. Toth's fear was once he was here and realized the size of the municipality, he didn't feel he would stay at the Town and had a 45-day turnaround time. Steve has more qualifications as Chief, and experience, he is what the Town is looking for.
Mitcham asked how long Toth knew him; he was the Chaplain here right?
Toth noted he knew him when he was at Edgewater. He has known him for about five years doing business with his company. The Police Department sponsored Mr. Davis as the Chaplain here. He is a councilmember in Commerce City and has a lot of experience with Councils. He felt the Town and Council would benefit with him as the new Chief as would the department. The officers know him and like him.
Mitcham asked if there was a way, as a council, they could have received his resume and stuff like that. It was very hard for her to feel comfortable appointing a new chief, without having more than just your guys' saying that you interviewed him and feel confident, and that counts for a lot.
Toth stated this was the whole point of bringing a recommendation. They could have appointed an outside agency to do the interviews but that costs. That is how it is done.
Mitcham stated she was not ready to go to that place yet. She felt like she needed; she didn't have his background.
Levy stated he wasn't sure about the resume being disseminated but he knows this needs to be voted on tonight.
Toth stated that was the point of the committee, to bring forth the recommendation and Council to decide.
King interjected the reason Council cannot interview was that would be an open meeting and would be awkward. She didn't see an issue for the resumes to be shared as the document was prepared for their decision. Copies were made and distributed to the council.
Levy noted he has decades of experience; he was a military policeman; he's held multiple positions; he is a turnaround specialist and was at Lochbuie to assist them in turning around their police department.
Officer McElroy asked to speak regarding his experience with Mr. Davis. He stated he worked when Mr. Davis was the Chief in Lochbuie. He is an honest man and doesn't sugar coat things. He has so much respect for him, he would run through a wall for him. He has contact with former coworkers to this day, and they ask him how Steve is doing. He has the utmost respect for the man.
Mitcham acknowledged his comments and said that counts for a lot.
Hillig said from a stranger's perspective, the impression you get is that he has the personal touch, the community in mind and he certainly seems like he would more likely be the candidate out in the streets talking to the residents, asking them what they wish to see; and his community policing style is much needed and will be welcoming. For him, that was due to the face to face with the officers and Chief Toth and feel he will continue that.
Levy noted he has the open-door policy and is extremely likeable and open and personable.
Toth noted that between him and Undersheriff Nicastle, they have over 80 years of experience in the field, And his recommendation was Davis. There was a lot of knowledge in this decision.
Mitcham asked about his POST certification.
Toth said he did, and he is in the process of getting it done; has up to six months to complete it. It was expired, he will test out and will do whatever it takes to complete the certification.
Boehrer said we can vote on it.
Mitcham felt she dominated questions and wanted to give others a chance.
Councilmember Steen asked what the negatives were. We heard all the positives.
Toth stated the certification is a negative, he is a council member in Commerce City as they may have meetings on Monday nights; and he is talkative.
Hillig added that he is an evidence-based person, and he felt like both candidates came with that experience, listing their accomplishments and what they could provide. Hands down it was the small-town knowledge that stood out with Mr. Davis. The other candidate was very focused on how disappointed he was on not getting the sheriff position, that wasn't boding well when interviewing for a chief position.
Councilmember Boehrer stated she read his complete resume and he was a better fit. She liked that he had the military background, chaplain background, his strong experience as a chief, like Toth. She stated his is a better fit.
Mitcham asked if they could appoint him as Acting Chief of Police until he gets his POST Certification, then maybe look at that, appointing for six months and look at it again.
Boehrer said they need to push forward and decide.
Levy said we have a resolution to appoint; there is no interim resolution on the table. He is giving up a business and his other livelihood because he wants to do this. He will be going through an extensive re-training process and we need to commit.
King stated if he does not complete it to their satisfaction he can be removed.
Mitcham said there was no review process in place.
Levy noted that does not matter. He can be removed.
Ellsworth asked how long the transition would be.
Toth said there are certain tasks to be trained in but as soon as he is sworn in, the transition may begin. All he needs is to get the certification and it is a process. If he doesn't pass the test, he will go to the Academy. He must be in process to be appointed and he is doing all the necessary steps. He is a very smart man.
Councilmember Bailey stated that she understood Mitcham's viewpoint; it seems very fast. It would have been nice to see a resume before the meeting and feels uneducated. She gets that the committee looked at people and interviewed but she felt like she was playing catch up. She didn't like it when they are trying to appoint someone to an important position and then feel rushed. She understood how Mitcham felt.
Levy noted that is fine, and you always have the option to vote against it. The point was we, as a Committee (Chief, Nicastle, himself, and Adam) reviewed resumes, interviewed the applicants, and at some point, when is it enough if you are looking at the resume, application, conversations included how he is a good fit, and he understood that.
Bailey said it could have been in the packet or in an email.
Steen noted that once or twice things are brought forth, but it is a larger issue. This is a recurring thing.
Boehrer said it was a committee issue and they make the recommendation.
Levy noted there were many good recommendations for the appointment.
Bailey asked if committee members could meet with other committee members to discuss prior to the meeting.
Toth asked what you would be given.
Bailey felt it was a communication problem.
King noted there are open law concerns. She said resumes cannot be in the packet or that would constitute an open record. It can be disseminated at the meeting as an aid to decide. She knows that it can be confusing.
Mitcham said they want town residents to know the police chief, to feel comfortable in who they appoint.
How would we go about introducing him to the community?
Toth said you haven't had a chief in 12 years. It was different when he was appointed. You can drag this on, have the community talk with him, meet him, it can take a long time to decide.
Levy has full confidence in the appointment of the new chief; therefore, the committee exists.
Steen asked why he is enrolled in biblical studies?
Hillig stated he does facility safety around the country and helps religious facilities prepare for mass shootings.
Mitcham asked other councilmembers if they were opposed to acting chief for six months. Rather than put us in a position of removing him, it would be so much easier to have him as an acting chief, say even a month.
Toth reminded her that council has authority to remove a chief anytime. He isn't accepting this for a month, that's not why they apply for the job. His job is to be the chief and he is the right person for this job.
King noted, from a legal perspective, there is nothing in the Charter for what she was proposing. The way to get rid of him is through removal, by votes. She didn't think there was anything built in the Charter.
Levy said the chief is an appointed position; there is no interim chief.
Councilmember Hillig made the motion and Councilmember Ellsworth seconded. 5-Yes, 1-No response. The motion passed.
RESOLUTION NO. 2019-01-14E, A RESOLUTION ESTABLISHING A DESIGNATED PUBLIC PLACE FOR THE POSTING OF MEETING NOTICES AS REQUIRED BY THE COLORADO OPEN MEETINGS LAW
Levy introduced the agenda item.
Councilmember Steen made the motion and Councilmember Bailey seconded. All Aye. The motion passed.
COMMITTEE UPDATES
Levy introduced the agenda item.
Admin Committee - Steen noted there is a concern with the audit and their comments regarding paid time off for the police officers. We need to look at human resources and job descriptions.
Community Development and Outreach Committee - Mitcham noted it was in the packet. They are waiting for the surveys to be complete. One of the comments was parking at town hall. Levy said they would talk about designated a handicap parking space.
Economic Development Committee - Ellsworth stated they weren't that busy last month.
Finance Committee - It was in the packet.
Public Works Committee - Ellsworth noted a letter will be going out to residents regarding snow removal and code violations.
Public Safety Committee - Hillig noted the report was in the packet.
MAYOR'S REPORT/ITEMS
Levy introduced the agenda item.
Regarding the code violation with snow shoveling, Mr. Bird put notices out to the residents with ice build-up. A letter will be going to all residents to inform and educate and post on line when released. Animals left out in the cold is a concern and he wanted to suggest passing a more restrictive ordinance addressing the colder weather. Another item was the two kiosks, a bulletin board that opened with glass at 43rd and Depew and 43rd and Ames. He is directing the public works director to research and order and find a location. He has a meeting with Travis Reynolds, SAFEbuilt, this Thursday to discuss the draft for residential and commercial building design specifications and impacts meetings with residents. This is an issue that has been addressed through the questionnaire and other conversations. It will be introduced at the February meeting. He noted we have hit a glitch for the loan application. When asking the engineer to expand the project, the state noted we may not be able to fix the corners on the other streets and cannot get an answer due to the government shut down. We need an answer from the E.P.A. and can only hope they open soon. Mr. Landry needs time to re-do the plans. We are looking at a mid-February application date. We may have to look for alternative loans for that specific need. The larger project does not have issues with it.
COUNCIL MEMBERS' REPORTS/ITEMS
Levy introduced the agenda item.
There were no reports/items.
Councilmember Ellsworth motioned to move out of the regular meeting and Councilmember Boehrer seconded. All aye. The motion passed.
EXECUTIVE SESSION PURSUANT TO C.R.S. 24-6-402 (7) WITH THE TOWN ATTORNEY TO PRESENT LEGAL REQUIREMENTS UNDER THE COLORADO OPEN MEETINGS LAW
Levy introduced the agenda item.
Councilmember Steen moved pursuant to Colorado Revised Statute, Title 24, Article 6, Section 402, at subsection 4 (b) to go into Executive Session to receive legal advice from the Town Attorney. The matter to be discussed was the roles and responsibilities of the Mayor, Town Council members, and Committee members. Councilmember Ellsworth seconded. All Aye. The motion passed.
Councilmember Bailey made the motion to exit the Executive Session and Councilmember Boehrer seconded. All Aye. The motion passed.
MEETING TO ADJOURN
Councilmember Bailey moved to adjourn and Councilmember Boehrer seconded. All Aye. The regular meeting adjourned at 9:06 PM.
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ATTEST:
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TOWN OF MOUNTAIN VIEW COUNCIL
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Sarah A. Albright, CMC
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Glenn Levy
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Town Clerk/Treasurer
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Mayo
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