JUNE 10, 2010

The Palmer Lake Town Council meeting was called to order by Mayor Cressman at 7:00 p.m., June 10, 2010.

Attendees:    

Mayor Cressman       

Trustees: 

Coleman  - excused

 Jack

  McDonald

Polonsky    

 Stafford  - excused

Stern

Attorney:  Gaddis - excused

Audience: 40

Pledge of Alliance:  Mayor Cressman

August Planning Commission Liaison – Trustee Coleman

September Planning Commission Liaison – Trustee Jack

October Planning Commission Liaison – Trustee McDonald

Trustee McDonald made a motion to appoint Trustee Jack as Mayor Pro-tem, seconded by Trustee Polonsky.  Motion carried unanimously.

Item #2:  Approval of Agenda:

Approval of the Minutes – May 6, 2010 Special Meeting was added to the agenda as Item 3c.

Trustee Jack made a motion to approve the agenda as amended, seconded by Trustee Stern.  Motion carried unanimously.

Item #3:  Consent Items:

1. Approval of Minutes –May 13, 2010
2. Payment\Ratification of Bills – May 2010
3. Approval of Minutes – May 6, 2010 Special Meeting

Trustee Jack made a motion to approve the Consent Items as presented, Seconded by Trustee McDonald.  Motion carried unanimously.

Item #4:  Committee Reports

Mayor Cressman – Mayor’s Report

Mayor Cressman stated he had attended the PPACG meeting.  Their focus was on the lack of funding regarding the maintenance of roads, that maintenance should come before the building of any new roads.

Trustees Coleman and Polonsky – Parks\Rec and EDC

- Worked with race organizer Maria Brown (PLES); sign placed on ball field fence along Hwy 105 advertising for July 4^th Fun Run

- Joe and Kim Polonsky will be running the water station for the July 4^th Fun Run (on July 3)

- Working to meet with Christie Ramshur (GSD Committee) to discuss committee activities:

    - GSD Committee would like to sand and repaint the steps to the gazebo near the lake

    - May be looking for reimbursement for a sander and paint

    - Would also like to purchase weed killer to remove weeds around gazebo

    - I’ve sent her an email asking for cost estimates for these ideas

- Will convene with Trustee Coleman once he returns to ask for his thoughts on these issues and see what/if he’s worked on the past month

Trustee Jack –

Calls for the month of May:

Total 27 year to date is 115

6 medical

3 fire- 2 mutual aid and 1 in district

10 mutual aid for wildland

6 public assist

2 alarms

Volunteer hours for May = 1,448.6

Members have been preparing for the Active Shooter training at the Palmer Ridge High School in June.  This is a live training combined with Palmer Lake Police, Tri Lakes Fire, Monument Police and Palmer Lake Fire Departments.

The department did not receive the Woman’s Grant

The fire department was broken into and damage done to the fire engine.  There is also a report of missing fire gear.  A report has been given to the Palmer Lake Police Department.

Repairs have been made to the fire engine from a break into the department as well as long needed maintenance and repairs from lack of maintenance.

Brush 2040 and Rescue 2071 will also need some general maintenance and repairs.

Ryan Brown and Will Vogl participated in the first multi agency honor guard where a gun solute was done for the memorial at the Monument Cemetery

Lori Forman donated a sectional couch with four recliners to the fire department

The fire department will be involved in various events and fundraisers for the month of June such as 24 hours of E-Rock, Elephant Bike Ride, Combat Challenge, Denver Burn Camp Run and the Active Shooter training. 

The department has started ‘Operation Good Neighbor’.  The property needs cleaning up.  The Suburban will be put out to bid as will the 5^th Wheeler.  The Blazer ‘Chief Mobile’ will be repaired and can be used by any department needing to do so.

Trustee McDonald – Police

Crime:

A total of 15 Case Report numbers were used by PLPD Officers.  No discernable patterns of on-going criminal activity are present.  Two criminal matters, however, are of note:   

Traffic:

• 14 Traffic Summonses were issued by PLPD Officers for a variety of offenses. 

Dispatch Statistics:

El Paso County Sheriff’s Office (EPSO) Dispatch reported that PLPD Officers self-initiated, or responded to:

• 35 incidents, considered “high-risk”
• One Priority 2 or “emergent” calls.
• 26 Priority 3 or “urgent” calls.
• 35 non-emergent calls.
• In all, PLPD Officers handled a combined total of 145 calls for service/self-initiated activities.

The EPSO does not indicate how many calls for service were for areas outside of TOPL, where PLPD officers provided “cover” for EPSO Deputies/Monument PD or other L/E agencies; or “held the scene” before another agency responded to take over the call/investigation.

Administrative & Training:

• The Tri-Lakes Women’s Club notified us that the PLPD’s recently submitted grant request has been granted.  The PLPD will now obtain three sets of spike strips (for vehicular pursuit intervention) two new beanbag shotguns.
• Personnel issues – One of our full-time employees is going through the selection process for a full-time police officer position with the Pikes Peak Community College.  Our officer is among the final three candidates for the two openings.
• One of our full-time police officers suffered a “slip and fall on an icy step”, which may very possibly require surgery.  The officer remains on-duty without restrictions for now.  Conversations regarding this matter are on-going with the TOPL administration.
• Officer J. Deyoe attended a one-day arson investigation class in Pueblo.
• Sergeant N. Tezak, Officers J. Deyoe and R. Koski attended the two-day course regarding domestic violence against senior women.
• Part-time Officer J. Tarbert experienced the loss of his 18 month-old grandson.
• Volunteer program - background investigations are currently underway for four community members, potential volunteers, who wish to be of service to the PLPD.  Their talents include, but are not limited to, surveillance, police supervisory development, media relations, peer support, and chaplaincy. 
• Part-time officer recruitment – two applicants are being considered for part-time employment, in anticipation of possible staff shortages.
• Vehicle issues – The Impala required new spark plug wires and a replacement of a brake hub which continually kept the ABS warning light activated.  All three PLPD vehicles required oil changes.

Revisions to PLPD building:

• Gas lamp decoration at front of PD building repainted and glass cleaned.   Half-barrel planter also repainted.  Sidewalk grate repainted.
• A shelf was added to the squad room, allowing the television to be moved to a spot seven feet off the ground.  Any combative suspect will not be able to reach the TV to either vandalize it or use at as a weapon.
• A second shelf/hanger rod was added under the TV allowing our new ballistic helmets, ballistic vests, and tactical load-bearing vests with trauma kits to be hung in the squad room.
• The PLPD long gun storage cabinet was moved from the basement to the squad room and secured to the wall.

Chief’s Activities:

05/03 – Provided Court Security and monitored violator testimony and judicial comment testimony for personnel/training issues.

05/08 – Conducted training at Monument PD for Tri-Lakes Communities combined PD & FD Honor Guard, in anticipation of Memorial Day event 05/31 at Town of Monument Cemetery.

05/12 – Attended July 4^th Fireworks event planning meeting at TOPL Town Hall

05/21 – Attended Pikes Peak Regional Peace Officers memorial event in Colorado Springs.

05/22 – Conducted training at Tri-Lakes FD Station #1 for combined PD & FD Honor Guard, in anticipation of Memorial Day event 05/31 at Town of Monument Cemetery.

05/29 – Responded on day off to meet with employee, at employee’s request, regarding a personal crisis.

05/31 – Oversaw last minute details and training of Honor Guard detail, then attended Memorial Day ceremony at Monument Town Cemetery.   

Seven days, total, spent on patrol as primary responding patrol officer for PLPD.

Trustee Stafford – Water – Mayor Cressman

He received an update from Tetra Tech on the Surface water treatment plant. The plans should be ready for our approval next week. The next step will be the State approval process.

He attended the 19 May 2010 meeting of the PPRWA. The next meeting will be 16 June 2010 at 8:30 AM.

He attended the Fountain Creek Watershed meeting 21 May 2010.  The next meeting will be held 1:00 PM 25 June 2010.

Trustee Stern – Roads

• Attended PLES Arbor Day celebration
• Attended July 4^th meeting
• Snow plow repairs. - F-550 –hydraulic hose. R-2 hydraulic lift malfunction.
• Prepped mowers
• Mounted water tank & ordered 4500 gallons of dust suppressant. We hope to begin dust control in June.
• Attended 1^st meeting with property owner wishing to vacate a portion of Eaton Road. More info needed before posting and hearings begin.
• We began the “chipping program.”
• **The cost is $60.00 minimum per hour in advance. Branches must be easily accessible. Chips will be left at the site. Leave your name, address, and phone # at the Town Office and a Town representative will inspect the site prior to the job.**

Staff:  

Clerk Gray reported the library ramp is ready to be worked on.  PPLD will doing some sort of overlay to the ramp and will allow a breathing area into the already existing concrete ramp.

Bob R., Road Supervisor, reported that the Safe Routes to School will be beginning in July starting with the retaining wall.  There have been additional issues with the survey.  The completion date has been extended to the end of August.

The Parking Lot project across from O’Malley’s will resume again.  We have received additional fill dirt with the possibility of obtaining more from the City of Colorado Springs.

Item #5:  Palmer Lake Sports Riders Annual Renewal – Tim Tracey

Mr. Tracey agreed to the change in renewal fees in the amount of $2,000 annually.  The current membership restrictions will be 45 with 15 being exclusively Palmer Lake residents.   There is a possibility that the group may be able to sponsor events in the coming years.

Trustee McDonald made a motion to approve the renewal of the Palmer Lake Sports Riders agreement with the amount set at $2,000 annual with an increase of 45 members with 15 being exclusively Palmer Lake residents, seconded by Trustee Jack.  Motion carried unanimously.

Item #6:  Permanent Water Line Easement – Delores Wilson

A notarized letter from Delores Wilson authorized Clerk Gray to speak on her behalf.  The stipulations of the agreement are Wilson will grant an easement for the water line currently located on her vacant lot in exchange for a variance of 10 ft from the property line on the west side and no charge for the water tap.  Trustee Stafford and Steve Orcutt, Water Supervisor and the Variance Board are all in agreement with the provisions.  Attorney Gaddis has reviewed the document.

Trustee Jack made a motion to approve the Permanent Water Line Easement as outlined above, seconded by Trustee Polonsky.  Motion carried unanimously.

Item #7  Community Development Clean and Green Grant

Trustee Jack gave a brief overview of the entitlement program the town joined with El Paso County and other smaller communities.  Clerk Gray reported the Clean and Green Grant has been discussed at several previous meetings but no formal motion had been made.  A formal motion is necessary to proceed with the grant which has been approved by El Paso County Board of County Commissioners.  We are in receipt of the Subrecipient Agreement that will be sent to the CDBG for further action.

Trustee Jack made a motion to approve the receipt of funds through the Community Development Block Grant for the Clean and Green Program, seconded by Trustee McDonald.  Motion carried unaimously.

The main points listed below pertain to Items 8 through 11, although not all points are directed at all Items.

            Cons:

1. Clean and Green Grant for this area – why put this type of business in an already run down area.
2. Residents and Business Owners are disappointed with having this type of business in their area of town.
3. Should be at least 500 ft from a residence. 
4. Why didn’t the Task Force spread them out around town instead of just the M-1 and C-2 zones.
5. Citizens of the C-2 zone were not informed.
6. This type of business will bring in more crime to both zones.
7. Will lower property taxes in both zones.
8. If the business is to be ran ‘discreetly’ doesn’t this mean more problems are expected.

Pros:

1. Increased on Site Security can be required if necessary.
2. The State had no rules other than Amendment 20
3. It is wrong to accuse the Task Force and Council of having tried to keep this issue a secret.  It has been on every agenda and in both newspapers since February 2010.
4. Citizens need to make themselves more aware and take more responsbility to find out what is happening within the town.
5. There are laws against giving product to anyone not holding a State Permit.
6. The building has been vacant for several years, by putting this type of facility in it will not decrease property values.  It would possbily increase property values by not having an empty commercial building.
7. State rules do not indicate any distance from residences nor do many of the Municipalities.
8. Representatives from the business community are okay with the type of business and locations of business.

Applicant Statements:

1. Very Low Key
2. If a patient is found to have resold the product, they will be dropped as a patient.
3. Medical marijuana was voted as an amendment to the Constitution of the State of Colorado.
4. Medical Marijuana cannot be sold through a Pharmacy since the Federal Agency governing medicines sold through a pharmacy does not recognize it as a legal medicine.
5. Average age of patient is 45-86 years with some children with major problems.
6. Professionally run establishments.  Not high traffic – some will be by appointment only.
7. Main burglaries are being committed through home evasions – plants that are being grown in a residential basement.  State is attempting to stop this type of growing practice.
8. Light issues – will work with the community using motion sensor lighting.  Low impact, not reflective.  Cameras will be infrared and will be on line 24\7 with tapes being held for at least 72 hours.
9. odor control – Controlled by charcoal filtration system, one for each room.  They scrub the air.
10. security issues are all being addressed.  With the level of security and the motion detector lighting it may increase the level of security for the neighborhood.
11. Medicine – can’t overdose – just fall asleep.   No death certificate has ever had the cause of death  as Marijuana Overdoes.
12. Town has the oversight and can cause a license to be surrendered.
13. Pertaining to the 70% must be grown by the individual dispensary, regulations by the State were put in place with the intention of wanting as much as the industry as possible under one roof.
14. Having cultivation for individual dispensaries increased would cut down on the security issues of transporting product.

Item #8:  Request for New Business License:  Mile High Holistics – Susan Herz

                        626 Highway 105 – Medical Marijuana Center

Trustee Jack made a motion to approve the Business License for Mile High Holistics with the contingency that the Palmer Lake Liquor –Medical Marijuana Licensing Authority approves the corresponding application, seconded by Trustee Polonsky.  Motion carried unanimously.

Item #9:  Request for New Business License:  Hatch Wellness Center Cultivation Group – Chris Szeremy – 579-E County Line Road – Medical Marijuana Operation Grow Center

Trustee Jack made a motion to approve the Business License for Hatch Wellness Center Cultivation Group with the contingency that the Palmer Lake Liquor –Medical Marijuana Licensing Authority approves the corresponding application, seconded by Trustee Stern.  Motion carried unanimously.

Item #10:  Request for New Business License – Palmer Lake Wellness Center – Steve Fetterley – 850 Commercial Lane Unit A – Medical Marijuana Center

Trustee Stern made a motion to approve the Business License for Palmer Lake Wellness Center with the contingency that the Palmer Lake Liquor –Medical Marijuana Licensing Authority approves the corresponding application, seconded by Trustee Jack.  Motion carried unanimously.

Break:  9:37 to 9:47 pm

Item #11:  Ordinance 4 – 2010 Repealing and Replacing Ordinance 3 – 2010

Four versions of Ordinance 4 – 2010 was presented to council with changes from Ordinance 3 -2 10 as outlined below:

8.  
   1. Version 1 – Definitions – Increasing Distance between cultivation facilities.
   2. Version 2 – Definitions – On-site cultivation increased – Increasing Distance between cultivation facilities.
   3. Version 3 – Definitions – Increasing Distance between cultivation facilities – Adding Restrictions XXX (distance to be determined) to residential.
   4. Version 4 – Definitions – Increasing Distance between cultivation facilities – On-site cultivation increased to 70% - Adding Restriction XXX (distance to be determined) to residential.

Trustee Stern requested that Version 2 be modified to read – Definitions – Increase On-site cultivation to 70% and remove the increasing distance between cultivation facilities.

Trustee Stern made a motion to approve version 2 as modified above.  No second.  Motion died.

Trustee Jack recommend Version 1 be modified to read – Definitions only.

Trustee Jack made a motion to approve Version 1 – modifying definitions only, realigning definitions to State requirements, seconded by Trustee Polonsky.

Motion Passed:  4 ayes, 1 nay.

Item #12:  Public Input

Bob R., Road Supervisor, stated PPACG had begun to discuss a recycling program and were looking for citizen representation.

Trustee Jack made a motion to adjourn at 10:45 pm, seconded by Trustee Polonsky.  Motion carried unanimously.

Approved as written or amended this 8^th day of July, 2010.

John Cressman, Mayor                                                        Della Gray, Town Clerk