HomeMy WebLinkAboutMINUTES Town Board Study Session 2019-08-27RECORD OF PROCEEDINGS
Town of Estes Park,Larimer County,Colorado August 27,2019
Minutes of a Study Session meeting of the TOWN BOARD of the Town of
Estes Park,Larimer County,Colorado.Meeting held at Town Hall in the
Rooms 202/203 in said Town of Estes Park on the day of August 2019.
Board:Mayor Jirsa,Mayor Pro Tern Walker,Trustees Bangs,
Cenac,Martchink,Norris and Zornes
Attending:Mayor Jirsa,Mayor Pro Tern Walker,Trustees Bangs,
Cenac,Martchink,Norris and Zornes
Also Attending:Town Administrator Machalek,Town Attorney Kramer,Town
Prosecutor Rocklin,Municipal Judge Thrower and Recording
Secretary Beers
Absent:None
Mayor Jirsa called the meeting to order at 5:45 p.rn.
UPDATE DISCUSSION WITH TOWN PROSECUTOR,AND MUNICIPAL JUDGE.
Judge Thrower reviewed changes to municipal court.Court settings changed from two
nights monthly to the first Wednesday of the month during the morning.Arraignments
begin at 9:30 a.m.or 1:30 p.m.and trials are scheduled around the arraignrnent
dockets.He stated the fine schedule was simplified and updated.Fines for traffic
violations are based upon the number of points associated with the allegation and
whether the defendant had previous violations in the past twelve rnonths.Sentences for
criminal matters include fines,education and self-supervised probation which have
proven successful.He stated the importance for having an attorney review cases
brought to the Judge.Avi Rocklin was hired as Prosecuting Attorney in August 2018.He
stated the hiring of a prosecuting attorney rernoves prosecutorial burden from the Police
Department and allow an attorney to oversee cases which are charged into court.The
Judge meets with Police Department staff regarding procedural matters,process and
best practices.He stated there have been many legislative changes related to municipal
courts including,prohibitions on pay and serve warrants,the necessity of counsel for
defendants in custody at first appearances,changes to warrant language,and instituting
personal recognizance bonds.He cornmended the Municipal Court Clerk,Prosecuting
Attorney and the Estes Valley Restorative Justice Partnership.He identified issues
which may affect municipal court in the future.Estes Park is a decriminalized jurisdiction
meaning jail is not a possible penalty for violations of the municipal code.He stated
there may be a need to appoint defense counsel for certain cases.State Statute
requires oversight,other than that of the municipal judge,for all court appointed
counsel.Therefore,he recommended the Board consider the State Office of Alternative
Defense Counsel (OADC)be the organization which approves any court appointed
counsel.He stated the OADC serves this role in all his jurisdictions.He estimated the
cost for counsel at approximately $750 per case.He requested the ability to allocate
funds from court education in the Municipal Court fund be applied toward defense
counsel when required.The Board requested staff review the budget for costs
associated with retaining OADC and appointing defense counsel.
SEMI-ANNUAL COMPLIANCE REVIEW WITH BOARD GOVERNING POLICIES —
POLICY 1.10 SELF-MONITORING OF THE BOARD.The Board was in consensus to
discuss any compliance issues as a group publicly to remain transparent.
TRUSTEE &ADMINISTRATOR COMMENTS &QUESTIONS.
Trustee Norris requested staff provide the Board with information on a citizen concern
related to grading work on Lot 4,Stanley which may have been completed without a
permit.
RECORD OF PROCEEDINGS
Town Board Study Session —August 27,2019—Page 2
Trustee Cenac requested follow up to an unanswered question presented at the August
13,2019 regular meeting related to final approval of development plans.
Administrator Machalek stated a meeting would be held September 18,2019 with
Larimer County,the Cities of Johnstown and Loveland and requested topics or issues to
add to the agenda.No topics were discussed.
The Board requested more information related to the agenda and discussion items for
the Joint Meeting with Larimer County to be held on September 30,2019.
TRUSTEE &ADMINISTRATOR COMMENTS &QUESTIONS.
The Board moved the Housing Authority Project on Highway 7 —Part II discussion to
the September 10,2019 meeting.The Review of Board Compensation for 2020 was
added to the October 8,2019 meeting.The Report of SafeBuilt Report/Building Division
was added to the October 22,2019 meeting to include attendance and input from the
Building Advisory Committee.An overview on process for paid parking was scheduled
for the September 24,2019 with a full presentation of results and recommendations on
October 8,2019.A discussion on the decriminalized code was added to items approved
—unscheduled.
Discussion ensued regarding the acquisition of two business properties which are
affected by the Downtown Estes Loop.Staff stated both businesses are in active
negotiations for relocation.Board comments have been summarized:should the Town
discuss the two properties;an overview of CDOT’s process should be reviewed with the
public;understanding the sensitivity related to the project and the affected businesses;
and avoiding discussing a single property when there are two businesses impacted by
the project.The Board was in agreement to further discuss the acquisition process
during the Downtown Estes Loop Project Update to beheld during the September 10,
2019 study session.
Administrator Machalek stated the Town Administrator had previously served on the
CML Policy Committee and have requested he retain the position.He requested Board
feedback on the position.The position on the committee was supported by the Board
and would be further discussed during the September 10,2019 Administrator Report.
There being no further business,Mayor Jirsa adjourned the meeting at 6:29 p.m.
‘i3y-Q’ictoria Beers,Reco?dfng Secretary