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HomeMy WebLinkAbout2009-11-16 (Regular) Meeting Minutes• • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session November 16 , 2009 1. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Woodward at 7:32 p.m. 2. Invocation The invocation was given by Council Member Mccasl in. 3. Pledge of Allegiance The Pledge of Alleg iance was led by Counc il Member Mccaslin . 4. Roll Call Presen t Absen t: A quorum was present. Also present: Council Members Jefferson . Moore . Penn . Oakley , Mccaslin, Wilson , Woodward None City Manager ~.ears City Attorney Brotzman Deputy City Manag er Flaherty City Clerk Ell is Deputy City Clerk Bush Judge Atenc io, Mun icipal Cc,urt Court Adm inistrator Wolfe Executive Ass istant to City Manager and City Council Carlton-Smith Director White , Communi ty Development Director Gryglewicz , Finance and Administrative Services Director Eaton , Human Resources Director Konishi , Information Services Director Long , Library Director Black , Parks and Recreat ion Manage, of Open Space Lee , Parks and Recreat ion Recreation Serv ices Manage r-Golf Spada Recreati on Serv ices Manage r-Operati on s Hultberg Director Kahm , Publ ic Works Director Fon da, Utilities Po lice Chief Vandermee Deputy Police Ch ief Col li ns Fire Ch ief Pattarozzi Depu ty Fire Ch ief Stovall Execu tive Ass istan t Norcon k, Fire Fire Marsha ll Greene Battal ion Ch ief Fo x, Fire Fire Capta in Weigel EMS /EM C Gre en, Fire Police Commande r San chez Se rgeant Co ntos , Code Enforcement Englewood City Council November 16 , 2009 Page 2 Po lice Comman der Wats on Community Re l.1tion s Specia li st Geier , Po li ce Vict im Witness Co ord inator Wenig , Pol ice 5 Consideration of Minutes of Prevlou1 Session (a) COUNCIL MEMBER WILSON MOVED , AND COUNCIL MEMBER McCASLIN SECONDED , TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 2, 2009. Mayo r Woodward asked if there were any mod ifications or corrections . There were none . Vote results : Motion carried . Ayes : Council Members Penn , Mccaslin . Moore , Woodward, Jefferson , Wilson , Oakley Nays : None (b) City Council Recognition and Swearing In . (i) Comments and recogn ition of families and/or guests by the departing members of City Council. • Mayor Woodward sa id tonigh t is a special night that we do every two years , which is the swearing in and recogn ition of Council Members leaving and Council Members com ing in . Tonight we have two members that are leaving : John Moore , Mayor Pro Tem and District 4 Council Member Wayne Oakley . Wayne . if • you would like to have an y comments and recogn ize family or guests here tonight. Council Member Oakley sa id I could say I'd offer to the senior , not meaning age , but longer on Council , then John could go , but I will go if you want me to. John sa id go ahead Wayne . I just have a few words . 1 would like to thank the electorate of the City for giving me the opportun ity to serve on Council . It's both been a challenge and a rewarding experien ce. To all the City employees and the Council Members that I have worked with down through the years , I can sa y that I truly value your friendship. Above and beyond that, it is time for me to move on to a real retiremen t. And that 's it. There was applause . Council Member Moore sa id thanks Ma yor. Fortunately for everyone I was able to craft my farewell for the Citizen , so I won 't be too long -winded ton ight , although Wa yne just set a really high bar for me to try to squeeze under. It has been a wonderful eight years . I truly have valued th is experience . Gary and Dan and the staff, it has been wonderful work ing with you these eight years and getting to know the City at a whole different level and In a whole different wa y. And Council , likewise it has been a pleasure. When I was do ing the Citizen art icle , I stepped back and counted and rea lized that I have served with 15 different Council Membe rs and ha ve leam ed from each and every on e of them . It was a rea l plea sure to fin ish with th e six of you . I think that the last two years we did good work togethe r. Wayne , I wan t to pe rsonally than k you for , I bel iev e, ii is 48 years of service to the City and If I have got the math :lght , I've really valued the mindset dil ige nce tha t you brought to the table that made our Coun cil discuss ions alwa ys riche r an d more thorough . Linda and Rick, welcome . Yo u have a journe y in front of you that I hope you enjoy and ma ke the best of. And then finally , In the Citizen , I didn't mention the thanks to my family . I wou ld like to note that Kells and Jod i, my in-laws , are here ton ight. Kells , thank you for encouraging me to run and cons ider th is many years ago . I was amazed , as I've served here , how long you r legacy has continued to li nge r around th is City Hall and the role you set even though you were gone from th is pos it ion long before I got here . And I know Wayne and I bot h tru ly valued the short time that we were actuall y ab le to serv e with you , even though it was und er sad circumstanc es when Ma yor Wolosyn • passed away . Fina lly , to my wife ... I thought I was goi ng to make th is ... th ank you for the support . You ha :e put up wi th eight ye ars or th is an d what people don 't real ize i; f~: """ restra int I've sh own in the Cou ncil Ch am bers on Monda y nig ht , she had allowed me to ~•compress w 1en I would get home at 10 or 11 o'clock at nlght...so , the true batt le wou nds rem ain hi~aen . Anyway, it ha s been wond erful and I val ue • • • Englewood City Counc il November 16 , 2009 Page 3 th is . I, too, am looking forward ... someone , I men tioned th is a coup le sessions ago , someone sa id my ret irement Wa yne , while I hope you en joy your ret irement , pro bab ly not near true ret irement yel. Bui I trul y look forward to the next step and I thank everyone for th e experience . There was applaus e. Mayor Woodward said I would like lo say just a few words about both of you . Wayne , serving with you for the last four ye ars and getting to know you and getting lo learn some of the things tha t I don 't feel I would ever have had the opportunity because of the knowledge you brought. I would be surprised and I doubt whether I wlli have that opportun ity sitting on Council to ever have another Council Member that knows the City , specifically underneath the City, and has the experiP.nce that you have in the City of Englewood and the adv ice that you can bring , and have brought , as a Council Member and former emplo yee of the City . So , I thank you for that and will truly miss hav ing you here and your input. As I told you earl ier ton ight... expect calls and I wil l find you and you do have a cell phone . There was laughter . Mayor Woodward sa id and John , it has been an absolute pleasure to serve with you for these past five years . At first at times , I thought , well what if, you know , John is awfully qu iet, he doesn 't have much to say and the . all of a sudden , I think I had said th is before , here comes th is profound statement or something the re that is just really enl ighten ing . The analytical part of your min d and what you have brought and helped us all , as a Council and as a City , certainly is go ing to be missed on this weekly basis . Personally , I really apprec iate your thought process , your analytica l skills and I think I mentioned that you will probably be called too on some other matters . So you know ... eight years is a long time to serve and thank you very much . Council Member Jefferson said I would like to interject a couple of words . You know , it has really been an honor to serve with both of you . To Wayne , thank you for your many years of serv ice here , both as an employee and then serving on th is Council . Your reasonableness and your calm demeanor and your willingness to listen have all been much appreciated and will be missen in the ne xt Council . I wish you well and hopefully you won't be too far away and st ill contribute to the community . To John, it has also been an honor to serve with you . I know we butted heads a couple of times , but your effic iency and ability to get at the heart of an y real problem has also been valued . And I hope you won 't be too far away either . So , than k yo u to you both . Council Member Wil son said well , I don 't have too much more to say , but I will miss you both and Wayne , you ha ve taught me so much and your common sense approach , and no nonsense approach , and yet your passion for when you really belie ve in someth ing . I find that rema rk able and I've learned a great deal. And also , you being such an asset on Council be ing a staff member. And John , I apprec iate al l you 've done to help with the numbers , to help us to see th ings in a clear way . It has been a great asse l. It has been a huge learn ing process and to watch ... try to watch your mind think . I so apprec iate , you know , having that ti me , so than k you . Coun cil Membe r Mccaslin said I will start wi th Wayne . Than k you for th e commitment to the City as an emplo yee , as a res ident and as a Counc il pers on . I wis h I had gotten to know you sooner than I did bul , you know , becaus e your sense of humor is qu ite lhe th ing when people gel to know yo u. I attende d, I think it wa s yo ur anniversary or you r birthda y ... Council Member Oakley sa id ann iversary . Mr. Mccasl in sa id oh my God , eve ryon e was supportive , the fam ily , the peop le , and nobody had one bad th ing to say about you . And I ke pt try ing to as k peop le , if there was someth ing wron g. There was laughte r. I rea ll y apprec iate it, you know , you ha ve been a ple asure to work with . I am go ing to miss you . And Rick , congra tulal ions , but you 've got some big shoes to fill because that man has stepped up and filled it and I appreciate ii. I rea lly do and than k you so much from th e bottom of my heart . No w John , wh en I was first running fo r Council , I was sitting bac k and I wou ld take notes , you know, like when you run for Cou ncil , you try to educat e yourself. And eve rybo dy wo uld attack and John would just sit there sto ic and I am go ing , of my God , wh at is wrong with th is guy , he doesn 't say anything . Once I got to know John and foll ow his caree r, he is one of the se qu iet , powerful forces that when he spoke , yo u would just stop and li sten ... yo u wou ld go , oh my God , th is guy does have somet hing to sa y. He he lped to keep us focused and he is very anal ytical. I mean , I've go t to admire him so mu ch, his fam ily , his wife Kath y, I'll tell you whal. You know they go lo Neighborhood Nights Ou t and she wou ld be there at the party before John would . I'd go , where 's John , and she said he's com ing . But , you know , he really bel ieves , yo u kn ow , you are a very big part of th is Co un ci l because of wha t you have done . I wish you could run anothe r term but, Englewood City Council November 16 , 2009 Page 4 I'm go in g 10 miss you and you know, ofIen limes I wear my he art on my sleeve and John was on e of !h ose guys who wou ld kick me under !he !able and say , Bob , Bob , not now ... don't say noth ing . I appreciate e veryth ing Iha! you've don e l o keep me slralghl Th an k you so much. I mean Iha! from lhe bottom of my heart ... and I'm going 10 cry Mr. Moore sa id are you alrig ht? Mr. Mccaslin said yeah , I'm alrigh t. I had to say goodbye to my tw o mon th old ~randso n In Manhattan and I got up that morning and I was cry ing . And my son sa id, Dad whal are you cry ing about ? I sa id well I have to say goodbye to two Councilmen on Monday and I don '! wan! 10 be a big baby In fronl of you . There was laughter. So I turned it on you two guys. But I feel appreciative and It Is going 10 !ear me apart to see you go, but thanks for serving the community .. Council Member Per.n sa id I'll finish mine off because I did say mine lesl time . I guess I was out of order last time . I told hi m goodbye last time . John , we will Iruly miss you and please stay around and I will talk to you about retirement. There was laughIer Wayne , I'll see you al Home Depot many times and we will have some more chats over at Home Depol And !h ank you so much, both of you , for everyth ing you have done for the City of Eng lewood (Ii ) A token of a preciation was given 10 !he departing City Council Members. Mayor Woodward sa id as a token of appreciation , we have so me llems we want to give to our dep,.rting members. He read the plaque given to Council Me mber Oakley . "To Wayne Oakley in appreciaf.on for his dedication and leadersh ip to the community as a City Counc I Member, November 7, 2005 to November 16, 2009 , the Englewood City Council • Co ngralulalions. Council Member Oakley said thanks Jim. Mayor Woodward sa id than k you . There was applause . He was also presented w ith a bouquet of flowers . Mays 'Noodward said I don't know how much yo u • appreciate flowers and if you don 't , there's ... l know !hat !here's somebody that's deserving . Council • Member Oakley said my wife will appreciate th ese . Thank you Mayor Woodward read the plaque given to Council Member Moore. "To John Moore , in appreciation for his leadership and dedication to the community as C1Iy Council Member, November 6 , 2001 to November 19, 2007, Mayor Pro Tem Novembe r 19 , 2007 to November 16, 2009, th e Engle wood City Council ." Congratu lations. There was applause. He was also presenled wllh a bouquet of flowers Council Member Moore sa id thank you. (iii) Mayor Woodward as ked lhe City Cle rk lo announce the status of the November 3, 2009 election . City Clerk Ellis said based on the offici al electi on resulls , !h e newly elected Cou ncil Members are: District 2 -Coun ci l Member Linda Olson , Dis lrict 4 -Council Member Rick G 1ll it and At-Large -Council Membe r Jim Woodward. (1 v) City Coun cil made a determlnauon of th e elecuo n and quallficallons of ils membership. COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER JEFFERSON SECONDED , TO ACCEPT THE ELECTION RESULTS OF THE NOVEMBER 3, 2008 ELECTION PRESENTED BY THE CITY CLERK. Motion carri ed . Ayes: Council Members Pen n, Mccaslin , Moore , C kloy , W ilson , Jefferson , Woodward Nays : None (v ) T he new City Council Me mbers we re sworn ,n by !he Honorable Judge Vincent Atenc io. There was app laus e. (vi) Brief Reception • • • • Englewood City Council November 16, 2009 Page 5 Ma yor Woodward sa id now we are go ing to take a brief intermiss ion ,n the Com mun ity Room , next door , for a reception for the re-elected and the new Coun cil Member s We will give everybody th e opoortun lty to say goodbye to our leaving members and greet ou r new members Counc il recessed at 7:52 p.m. for a brief reception . The meeting reconvened at 8:22 p.m. with all Council Members present. (vii ) The new members of City Counc il were seated In temporary spaces and Mayo r Woodward , asked the City Clerk to call the roll of the members of the City Cou nc il . Roll Call Present: Absent: A quorum was present. (vi ii) Council Members Jefferson , Olson , Penn . GIi ii!, Mccaslin , Wilson , Woo1ward None Mayor Woodward called for nominations for the office of Mayor. COUNCIL MEMBER McCASLIN MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO NOMINATE JIM WOODWARD FOR THE OFFICE OF MAYOR OF THE CITY OF ENGLEWOOD. Mayor Woodward asked ii there was any discussion . Are there any other nominations? Council Member Gilli! said just for point of order , are we going to discuss this at all or are we going to discuss our vote? Mayor Woodward sa id we are going to right now , are there any other nominations and we will discuss this . Mr . Gilli! said oka y, great , thank you . Counc il Member Jefferson said I think , you know , part of the issue is probably just the process of the , you know ... probably should have had some of this discussion in the Study Session there . But I know that there is some general concern about the process of the election in the Study Sess ion and the process being different in the Study Session than in the formal session . So maybe I can open it up for some comments on that. I know it has been a point of, you know . historical context that , you know, we come down aod provide a sort of united front on that. Any comments from anyone? I am just preemptively sort of bri n~ing this up , because I know that we hav e some folks In o, r community who believe that it should be a little bit more of a transparent process . Mayor Woodward asked if there were any more comments . Council Member Gilli! said I would like to add my comment. In the sp irit of transparen cy , I would li ke to vote here like I voted upstairs . Not because of any issues but because of honesty and transparency . I want to make sure that how I took a stand In one situation is how I take a stand in public as well . So ... Council Member Jefferson sa id you know , I will say the meet ing upsta irs is clearly open to the publ ic , correct ? Mayor Woodward sa id correct . Counc il Member WIison said they were in there and it was taped . Council Member Jefferson sa id and it was taped , that is a great po int. Coun cil Membe r Mccas li n said and I don 't th ink anybody would say anyth ing diffe rent at Study Sess ion than the y wo uld here . I have no ... obviousl y, what I sa id in Stu dy Sess ion so . you know, discuss ion can be open . Counci l Membe r Jeffers on sa id I'm just saying , yo u know, what we are discussing here Is a poten tial, sort of a pol icy ch ange , on th e way this is done . Is this Ch arter? Englewood City Council November 16, 2009 Page 6 City Attorney Brotzman said directly this is . actually the Charter calls for you to go into Executive Session . Clearly that is not allowed under State law . Fo r many years , that was the way ii was back then . Couecil Member Jefferson said so then we really have a Charter issue there then . City Attorney Brotzma n said ri ght, so with that , we now make that Sess ion open to the publi c because it doesn 't fall into one of the exceptions for not hav ing a public meeting . Council Membe r Jefferson sa id do you know how long it has been happening that way ? Does anybody have any idea , though I asked Jim a little earlier , and we were saying at least the last decade , that that has been .... Council Membe r Olson said Joe , can I ask you what particularly yo u find difficult about the way ii went this evening? Council Member Jefferson said you know, personal ly, I have gone through the process before and you know , I just, I've got a group of constituents and other peop le who have come to me suggesting that the process is not as transparent as it could be . And that they have the right to know how the ir elected officials , you know , who they support and who don 't support and things of that nature and you know, the purpose of me bringing th is up isn't to , Isn't really to divi de anybody or , you know, it is truly just to bring these concerns forward . I think we do have a legitimate Charter issue that , you know, has some conflicts with State law. You know , I guess what I am s,;ying is I like the Idea , you know, presenting the united front and I'm all on board with that , it just seems thut, you know, hey , we are al, _; boys and girls here and , you know , we should handle ii in a transparent manner. • Council Member Olson ~aid how wo uld having the conversation here make It more transparent for you than having it upstairs where the public is also invited? Council Member Jefferson said because , you • know , I see a changing process in the time , you know , in the last decade or so, frcm my under.;tanding , you know, I think Dan j ust to ld us that it used to be done in an Exec utive Sess ion , which is oot open to the publ ic . And I have been told , and this Is totally hearsay, you know , I don 't have per.;on~I ftrot hand experience of ii, but I've been told that two years ago , wh ich is the fir.;t time I had ever gen€ !hrough the process , for the fir st time the public was really present. l>o . before , you know , we did sort of have this closed meeting where , you know , we made these decisions for the public and like you said , that is against State law so appa rently what we tried to do is have it open , but it just doesn 't seem as open as it could be . being that it is upstairs when every other Study Session we do is downsta ir.;. Council Membe r Gilli! sa id and for me , I'd prefer that my constituents to know exactly how I voted upstairs and not say something different down here . Thal is the exact thing that they asked me not lo do ... say one thing one time and do something anothe r. So , I will have to vote as I voted upstairs , down here out of respect for this law . Mayor Woodward sa id I thin k with that , you may want to make a nom ination , so .. COUNCIL MEMBER GILLIT MOVED , AND COUNCIL MEMBER WOODWARD SECONDED, TO NOMINATE JOE JEFFERSON FOR THE OFFICE OF MAYOR OF THE CITY OF ENGLEWOOD. Council Member Jefferson said if we do vote , how will th is wor k? We have a yes and a no button in front of us . Is everybody else, is it okay , what do you guys thin k? I apologize , honestly , I think we probably should have had th is discussion upsta irs . Unfortunately , the way th e process went , you know , I apologize for no t bringing it up there honestly . Bu t, I don 't know , it j ust seem s 1;ke a lingeri ng issue . W~at do you guys think? Council Member Mccaslin sa id I fee l kind of bl indsided . You know , knowing that there is a process and • you know, we were reall y open and transparent with the people who were up there . Everybody heard what we thought and how we felt. Th ey saw us v0te . Th ere were no hidden agendas . It wasn 't an Execut ive Session . It wasn 't a se cret so I mean I ..:o ns ider sitt ing up there again , I have no problem '-l ith it. Mr. Jefferson sa id I am not suggesting .. Mr . Mccaslin sa id th e problem is the way th at yo u brought ii • • Englewood City Coun cil November 16 , 2009 Page 7 up so now you disagree . Why didn 't you disagree up there? Why didn 't you bring ii up , up there ? Counc il Member Jefferson said I probably should have brought it up , up there . Mr . Mccaslin said exactly . Mr. Jefferson sa id some people th ink it is a huge substantive issue . I think it is j us t a procedural issu e. Mr. Mccaslin sa id that is why I have an issue with it , thank you . Council Member Penn said could we just proceed and have the vote for Jim and then have a vote for Joe? Procee d right after that and that way you ge l your votes in there . Mayor Woodward said yes and I th ink that is something that we can address at a Study Session as a procedural type th ing . How we want to move forward in the future on that. So unless there are any other nomina tions or any other differen t type of discussion regarding this , we can start with .... Counc il Member Olson sald you are asking for discuss ion about the candidates now? Not a discuss io n about whether we should change pol icy? Mayor W:><>dward said not chan ging policy , because that Is a Study Sess ion question and then coming back 1n here and changing , bringing that. If it is a Charter change , I th ink it goes lo the voters . City Attorney Brotzman said correct. Mr . Woodward said ii is a big change . Council Membt•r Jefferson said so how do we change the process without the vote of the people then . Obviously , we have gone from Executive Session to a Study Session . City Attorney Brotzman said the difference was ... hlstoricaily what happened is there was a recognition that ii wasn 't legal to be In Execut;vP. Session anymore . And again, we moved to discuss that matter. What happened is the dis cuss ion changed to a strong leader form of government •athe r than Council electing the Ma yor and that never proceeded . The discussion of changing the Executive Session never actually came forward to become a ballot question . It got lost in the process . Mayor Woodward sa id If I understand correctly , when the statute changed whe ,,; :: wa·, not okay to go into an Executive Session , that statute automati cally changed and prevailed r,ver our Charter . City Attorney Brotzman said correct. And Counc il ind icated that they want to follow Stale law and make ii a public sess ion . Mayor Woodward sa id so that is ho·N that happened . Council Member Gilllt said I don 't th ink there is a problem with us saying down here what we said up there . I agree with Mr . Mccaslin We should ail ju st say and vote how we voted up there . Mayor Woodward sa id th~• :, fine . Council Member Jefferson sa id but I just sense some , y ,u kn ow , unwillingness to do that. And, I mean, Bob I. you know .... Council Member Mccasl in said no . like I sa id, I just resent the fa ct that ii wasn 't brought up . up th ere and now It 1s in front everybody which Is fi ne , right? Like I said , I will say what I said up there and vote the way I voted , but the way it is coming , ii should be brought up there and said what do you guys th ink ? Council Membe r Jefferson sa id agreed , I told you guys , I am trying to as k you , I'm giving you th e opportunity no w In trying to have that discussion . Co un cil Member Mccaslin said I know and tha t Is what I'm tell ing you . I'm telling you I'm upset , but I'm willing to take a vote or tell you how I voted . Mayor Woodward sa id okay , is there more discuss ion ? Do you want to disc uss the cand idates? There were no comments . • Mayor Woodward sa id Joe, do want to say anyth ing about your running? Council Membe r Jefferson laughed and th en said no, I don 't think so . You k,i ow , again , you know my purpose of bring ing thi s up and talking about the proce ss 1s not to, you kno w, attempt I~ curry more votes Englewood City Council November 16 , 2009 Page 8 or attempt to, you know , get some sort of add iti ona l interest from the publ ic , it is just simpl y to address th is procedural issue that's al l. Aga in, if folks don 't, you know , feel that Is the way It should go , you kno w, I wou ld be happy to have a genera l discu ss ion abou t It and see what Counc il believes Is true . Co unci l Membe r W ilson sa id and I do n't thiok ri ght no w is lhe time to ha ve lhat discuss ion . I think it sho uld be in a Study Sess ion . Council Member McCa s1in said he has already apolog ized that he didn 't bring It up then . Mayor Woodward sa id we have already gone past that po int. We have gone past the po int that you are tal ki ng about , Joe . Council Member Jefferson sa id and we have all agreed to change the process apparently , correct? Mayor Woodward said right now we are saying , okay , If you want to vote the way you did upstairs and discuss or say some thing , now is the time to do tha t. If you would like me to start , or Bob to start about my nom ination , that Is fine . Council Member Wilson said or should we jus l go ahead with the vote ? Other Council Members said go ahead and call for the vote . Mayor Woodward sa id call for the vole . Okay . A vote for Jim Woodward ... please vote yes if you are in support and no If you are not. Vote raults: Motio n carried . Ayes : Nays : Council Members Penn , Mccaslin , Wilson , Woodward , Jefferson , Olson Council Member Gill lt Mayo r Woodward sa id and now the vote for Joe Jefferson . Yes :s in f,.,or of Mayor and no is not favor of Mayor. Vote raults: Ayes : Council Members Jefferson . Gilli! Nays : Counc il Members Penn , Mcr.aslin, Wilson , Woodward , Olson Motion defeated . Counc il Member Jefferson sa id th ank you and aga in I apol ogize . I hope that we can ha ve a more produclive discuss ion about this In a Study Session . Ma yor Wood ward sa id we will put it on . Mr. Jefferson sa id I'm not try ing to . you know ,. .. Mayor Woodward sa id let 's pu t it on the Study Sess ion list and discuss it because we will probabl y have to bri ng It forward to the voters to do that. Coun cil Member Jeffers on sa id than k yo u. (Ix) Mayo r Wood ward assumed the C.'iair . Mayo r Woodwa rd called for nom ination ~ for the offi ce of Mayor Pro Tern . Counc il Member Glllit sa id po int of order. So , now you are our elected Mayor by the Co,•ncll , am I • • correcl? Mayor Woodward sa id righ t. Mr. Gilli t sa id we lcome Mr. Mayor. Mayor Woodw,•rd sa id than k • you . Coun cil Member Jefferson sa id congratula ti ons Jim. Mayor Woodward said than k you . Other :'.'nun cil membe rs sa id congratulations . May or Wo odward said I apprec iate that . • • • Englewood City Council November 16 , 2009 Page 9 Mayor Woodward sa id so we will move to nom in ations for Mayo r Pro Tern . COUNCIL MEMBER McCASLIN MOVED, AND COUNCIL MEMBER OLSON SECONDED, TO NOMINATE JILL WILSON FOR THE OFFICE OF MAYOR PRO TEM OF THE CITY OF ENGLEWOOD. COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER PENN SECONDED, TO NOMINATE JOE JE.FFERSON FOR THE OFFICE OF MAYOR PRO TEM OF THE CITY OF ENGLEWOOD . Mayor Woodward said so the same discussion goes along with that as far as lhe process . Any other discussion? Council Member Jefferson said and again in my attempt to show good faith and r amaraderie , I will be voting yes for Jill . Council Member Gilli! sa id and In my cornmitmenl to transparency , I will be voling no . Mayor Woodward ,,aid okay , thank you . We are voting first for Jill Wilson for Mayor Pro Tern . Vote results: Motion carried . Ayes : Council Members Penn , Mccaslin , Wilson , Woodward , Jefferson , Olson Nays : Counc il Membe r Gilllt Mayor Woodward said and now we am voting fer Joe Jefferson for Mayor Pro Tem . Vote mutts: Ayes : Council Members Jefferson , Glll it Nays : Council Members Penn , Mccaslin , Wilson , Woodward , Olson Motion defeated . Mayor Woodward sa id congratulations Jill, you are the Mayor Pro Tern . Other Council Members congratulated her. Council Membe r Gilli! sa id and I hopl! that through th is process , we understand that our vote , is not intcnded ... does not mean , that I, by 11ny means , do not plan to work well with either of you . I plan on look ing forward to ... my constituents 1lefinitely want this process as open as possible . I apprec iate you for letting us have that. Council Member Wilson sa id it is not a problem. Ma, or Woodward said one thing I want to say about the former Council Is that the votes , when it came to votes on different items , they wen t Ell over the map . There were 6 to 1 votes ; I was the 1 vote on one of those . Different people here have teen the 1 vote on other ones . And 5 to 2 votes , 4 to 3 votes , 7 to 0 votes . And I think that is reall y a si1 1n of a healthy Council , so it Is something that we get through and we move on and I th ink that's what I re:1lly did appreciate about the forme r Council was , it was exceptional at that. Council M•mber Jefferson sad agreed . (x ) Permanent seating ass ignments were selected . Mayor Woodward sa id we now go to our permanent seating ass ignments and these are decided by seniority. The first wou ld be the Mayor Pro Tern . Then would be Bob Mccaslin , as the most sen ior Council Member. Council Membe r Jefferson sa id as the most experienced . Mayor Woodward said most experienced . Then At-Large ... would be ... there 's nobody left At-Large . District 1. did you want to sta y whe re you are at? Council Membe r Jefferson s~id yeah . I'm ind ifferen t. He asked Linda where sh e wanted to sit. Council Member Olson said I cans~ anywh ere . It is just a pleasure just to be up here. Mayor Woodward said District 2 ... Joe ,~u are fine where you are at. Council Member Jefferson sa id yes. Englewood City Council November 16 , 2009 Page 10 District 3? Council Member Penn said I'm fine right here . Mayor Woodward said Dist rict 4? Counc il Member Gillit said I'm tickled lo be right here . (xi) Family members and guests of the new members of City Council were recognized . Mayor Woodward sa id Linda and Rick , we would like lo give you the opportun ity to recogn ize family and guests that you may have here ton ight and people that are in your thoughts as you take your seats . Council Member Gilli! sa id well this has been an amaz ing process for me , II is an hon or to be sitt ing up here represent in g the people in my Distri ct. I had the privilege to talk to Wayne before com ing up here . Just thanked him for serving us and Wayne and I agreed that we were going to have coffee and I hope to learn a lot from Wayne . One of the things I've learned , over time , was that you learn most from different peoples ' experience . And if we are all here on the same wave length, doing the same th ing , some of this may not be necessary , I appreciate ha vin g the opportun ity to represent wonderful people . I am thankful to have a number of those out here today , And one of the people that I have to recognize is my wonderful wife , Rhonda , who had to put up with me every day with achy feet and wounds from walking and all I got to hear fr om her is, oh poor baby . There was laughter. But she encouraged me and other friends encouraged .. ,Mr . Lowrey who drove my sign around in his Model A. There is a group that you just can 't thank enough , And others that just did such great work and such great help . You know , I told somebody that I just felt so humbled and I want to thank ... there is just too many people to thank . But I prom ise to be a good representative and I promise to do my best to work as well as I can with you . Thank you . There was applause . Council Member Olson said I would like to thank my fami ly. My husband is sitting in the front here , Joe l and two of my children have by now left ... one to go home and do homework , and the other to drive her home to do homework and then one in college who is study in g for a final tonight... so couldn 't be here . But , they were very supportive of me in doing this and without them agreeing that they thought this was a great idea, I wouldn't have even been embarking on this , I have a great district , Distri ct 2, has some wonderful citizen partici pation as experienced by John Moore , my predecessor, and many others before him . II is a wonderful group of people who really care about their neighborhoods , care about the City , care about the provis io ns that we h,ve within the commun ity and I am just looking forward to representing them and to try to understand what they need and how they can participate more clearly in the processes that make this a grea t community . So , I th ink it is a privilege to be up here O"~ okin g forward to work in g with all the staff and professionals up here with me as wel l. .. colleagues . Tr..,,,. yo u for this opport ~nity. There was applause , Mayor Woodward sa id I keep forgetting there is a third one and that would be me , I do want to thank my son Jason ... who was here earlier , but I don 't see him now , so he must have escaped ... Jason's mother , Barb , and her husband BIii for your help and the help of the peop le that helped walking and campa ig ning and go ing into the ne ighborhoods and community with me and for me , Thank you for all your support . So , I will leave It at that. There was applause . 6, Recognition of Scheduled Public Comment There were no scheduled visitors . 7, Recognition of Unscheduled Public Comment (a) Elaine Hults , an Englewood res ident, sa id I have two Issues this even ing . I do have • • copies to give out to everyone of you so that you will know what I am tal ki ng about , if I may . Mayor Woodward said you can hand them to the Cle rk and she can hand them out. Ms , Hults said ye s, these are two separate drawings . I will read briefly the commen t from Section 4381 .5 REV-2 of the HUD rule s • and regulati ons conc.erning management add re ss ing re sident service requ est compl aint. And it states here , whenever pos sible owner-agent should take immediate action to adjust problems and concerns by registered residents . We ha ve two areas that are a li ability and I can tell you , as a liability adjuster, if I • • • Englewood City Council November 16 , 2009 Page 11 fall , I'm go ing to sue , Decause these things are not being rect ified . Nurr,Der 1, we have a problem from washer and drye r . The purchase of these items , it was no t cons idered to De useable fo r sen iors an d hand icapped . I did ma ke a call , afte r fi nd ing on the we b ... manufa ct urer and I was adv ised that the ... if you look at the firs t issue of the washer and drye r, that is the condit io n now . Your doors are in opposi tion to each othe r so as a result . you have to walk around which presen ts a problem to people who have walkers or wheelchairs or an y ki nd of motorized veh ic le . That can eas ily be re ctified . It shou ld have been handled in the beg inning , because the onl y door that can be changed on the un it is on the dry er . It is on the back , if the dryer door is reversed , you will then have space where there will be complete access from one opening of the washer to the open ing of the dryer with no obsta cle . II is a safety factor . I will give you a chance to look al that . Cou ncil Membe r Mccaslin sa id can I ask you a question ? Where is thi s localed ? Mayor Woodward sa id th is is at the Simon Center. Council Membe r Mccasli n sa id the Simon Cente r, okay . Ms . Hults sa id yes , the Simon Center . We are right behind the old Post Office . Now the other is sue is a very serious Issue . My artwork is not the greatest as it's done in a hurry . It was another serious issue and people have fa llen here during clear weather. In the winier , It presents a big obsta cle . We have a walkway go ing to the rear of the bu ilding , down to the park ing lot. There are no railings as we have on other areas . That is very icy and it is a slope going down . I would say that it is almost a 45 degree angle . I, myself, have ass isted people who have fallen , in good weather, with walkers . That door is used because they take their dogs out, we have a station there to take ca re of the doggie-do and this is a very popular place for people to walk . That needs to be corrected . We are given many excuses that it can 't be done . II is a hazard . II is a liability exposure. I would apprec iate the Commission to t?ke these th ings into cons ideration . I want to thank you for help ing me on my other Issue . We now have a person , who was a president illegally, has left her post. So I wa nt to thank you for that assistance . II took me a year and a half. And by the way , I do have a question . I understand that when you have a closed meeting that only the members are there and discuss issues , but when you have an open meeting , I assume , that the populace who are preoent should have a voice. If I am incorrect in this assumption , I would please apprec iate your correction . And thank you for your time . Mayor Woodwa rd sa id tha nk you . (b ) Mark Craft , an Englewood res iden t, said thank you May or and than k you Council. Congratulations to our new members . He said one problem we have at Simon Center with the zoning violation here is that we have si x people staying in a one bedroom apartmen t...that's apartment 511 . Management doesn 't do anyth ing about th is. They say they are working on it , but it has been go ing on for two years now . We have a grandmother that holds the lease . She has a daughter and a son -i n-law and then they have anothe r daughter and the daughter has a boyfriend and the y have a baby . I called Code Enfo rcem ent. They referred me to Zon ing ; Zoning too k it to Commun ity Deve lo pment. Commu nity Deve lopment called Zon ing bac k and sa id that th is is perm iss ible by the square footage . It is a strain on the , I think, on our resources and the waler and the resources in the Simon Center . I was wonde ri ng if I could take th is further or who else co uld I tal k to? Than k you . Ma yo r 1/1 oodward sa id thank you , (c) Laurett Barrent ine , an En glewood res ident , sa id a place tonigh t I am ve,1 proud of liv ing in. I saw history being made tonigh t. I am so proud of Rick and Joe fo r bring ing th is is sue up an d you made history ton ight. Th is was the fi rst ti me that th e pub lic discuss ion about who becomes Mayor and why hap, 'ned opened for the publ ic. Con gra tu lations Li nda on coming onto Council , but you asked what is the pt •1t of having that contention come down here and it Is so that the publ ic is present , th at they are part of it, that the y see that vote , that there isn 't a pretense that there isn 't other issues go ing on and nor should there be any pretense , along with the fact that it is illegal to vote in Study Sess ion . If you just remember tha t fa ct: can 't vote In Study Se ss ion . Stud y Sess ion is only to get informat ion . You cann ot make a decision there ... you will probabl y be pretty safe 01 the transparency side . Th is was also the first night th at it was ever re corded . I am a twitter wit h the fa •,t tha t the publ ic is gett ing involved in these th ings and I th ink the Englewood Citizens for Open Go·,e rn ment are very proud to have been part of Englewood City Council November 16, 2009 Page 12 these changes . The Sunshine Law has been in effect for quite some tim e and you 're right Jim, once the law violates the State , we need to make sure that tha t comes into complianc e. I was just very proud to see that. Two years ago , at my behest , was the first time that a citizen ever att ended that meeting and that's what made it publ ic ... was when somebody came in there and they were allowed to be in there and weren 't told that it was a closed session . And two years later , we 've got it recorded an d a public record and n:>t the pretense for wh ate ver purpose it was done before , that you guys don 't have issues wi'.h each other ari d sometimes don 't agree . Rick , Jo e, I'm just so very proud that you brought up the issue , because it needs to set the tone for this next two years and get moving . And most surprisingly , Mr . Woodward , Mayor Woodward , I am very proud of you . I think you handled the fact that the disc uss ion came up well. You welcomed that the discussion should happen down here . You even tried to encourage it several times and for tha t, I can only say that I am extremely grateful and I hope that the next two years brings more of that beha vio r and attitude of making sure that the public is included . Congratulations to the two new people and thank you very much for mak ing th is a historic nig ht for the cit izens on a much different leve l. I'm very proud , Thank you , Mayor Woodward said thank you . (di Carol Brzeczek , a Littleton resident, said I 1 here to witness the swearing in of Mr . Gill i!. • I'm also very proud of him , When I arrived here , I was told tnat there had been a Study Session earlier where the Mayor and Mayor Pro Tern had been de termioe d. I happen to be a student of the Open Meetings Law and that. it just... it didn 't set right with me because a Study Session is if I'm a citizen and I k11ow that there is a Study Session , I know that I don 't have to be present, because no decisions can be made , Furthermore , I don't understand how a vote can be taken with two Council Members who had not been sworn in as Council Members , So , the Open Meetings Law to me is the most important thing that the citizens have to rely on in open and transparent government. I don't see it happening in Englewood . We 've been fighting it in Littleton . We 've come a long way , I would strongly suggest , part icularly for your • new Council Members , that there be some kind of a formal process where that law is reviewed so that you know good and well exactly what you can and can 't do . No votes in Executive Session . No decisions in a Study Session . Everything need s to be done in front of the publ ic and I would ... this is what the public has and I'm surprised , If I went to my Council meeting in Littleton , there would be back up informat ion on each agenda item for the public so we can sit there and we can read . We know exac tl y wh at it is that is be ing discussed . And it brings a whole new le vel of understanding on the issues that Council is de ci ding on , if the public is provided the information . It's on the In te rne t. Council packets are given to the library, But there 's noth ing like going to the meeting that night, picking up the minutes that are go ing to be approved , picki ng up a Council Communication about the subject that is go ing to be disc us sed . II gives us the pros , the cons , the staff posit ion , any of the issues that migh t pertain to that ite m so as a citizen , I ca n sit there and I can read it and understand it , which leaves me in a better situat ion to understand the dec isio ns that the Council is mak ing . If I had th is , I think I would have to tal k and ask questions for eve ry issue that comes before th is Council , because yo u haven 't provided your citizens with the kind of information that would lead to a good , solid , open , transparent governmen t. So , I'm glad to see u,at you tried to recti fy what went on upstairs down here for the public . It sounds like you have a Charter conflict. The Open Meetings Law never , ever provided for an election of Mayor and Mayor Pro Tern in an Executive Session . So , it sounds li ke you have mad e some progress to follow the la w and I hope , part icularly th e new folks , reall y get in to that la w and know wh at it means so that yo u can continue to provide an open , transparent proce ss for yo ur citizens . Thank you . Good luck . Mayor Woodward said thank you , (e ) Ida May Ni choll , an Englewood res ident , said I didn 't plan on speaking th ;s evening but I reall y appreciate this yo ung lady getting up and sharing with us what we need to know . One question th at I had , that she also brought up , was how can the newly elected Council Members , when they haven 't been sworn in by the judge , how they pick th e Mayor and the Mayor Pre, ,em? I was sitti ng there and I wondered ... maybe I was wrong : maybe I didn 't understand . Now that she broug ht up the same question , • I would like to know that as we ll , how you pick ... the Council picks ... like I said before , the Mayor and th e Pro Tern if they haven 't been sworn int o offic e yet ? Thank y0u , • • • Englewood City Council November 16 , 2009 rage 13 Mayor Woodwa rd sa id th an k you . 8. Communications, Procl1matlons and Appointments Th ere were no communications . proclamations or appointments . 9. Conoent Agenda (a) Approval of Ordinances on First Read ing There were no additional items submitted for approval on first reading . (See Agenda Item 11 .) COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER GILLIT SECONDED, TO At'PROVE CONSENT AGENDA ITEM 9 (b) (I), (b) Approval of Ordinances on Second Read in g (i) ORDINANCE NO . 50 , SERIES OF 2009 (COUNCIL BILL NO . 52 . INTRODUCED BY COUNCIL MEMBER McCASLIN) AN ORDINANCE SUPPORTING THE GREAT OJTOOORS COLORADO GRANT APPLICATION FOR DUNCAN PARK DEVELOPMENT FUNDING . Vote results : Ayes : Nays: Molion carried . Council Members Penn. Mccaslin, Wilson, Woodward. Jefferson, Olson , Gillit None (c) Reso lulions and Motions There were no resolutions or motions submitted for approval . (See Auenda Item 11 .) 10 . Public Hearing Item ■ No public hearing was scheduled before Council. 11 . Ordinances, Resolution and Motions (a) Approval of Ordinances on First Read in g There were no items submitted for approval on first read ing . (b) Approval of Ordinances on Seco nd Reading There were no item s submitted for approval on second reading . (c) Resolutions and Molions (i) Director Eaton presented a recommendalion from the Human Resources Department to approve a resolutlco setting the list of person 's eligible for appointment as hearing officers for discipl inary and merit appeals for the City of Englewood . She sa id good evening Mayo r and Council . I am honored to be the first director to speak to th is new Council ton ight. The last list that was appo inted by Council was set in 2008 and ton ight we are asking for the reappointment of the same attorneys. Mayor Woodward asked if there were any questions for Sue . There were none . Englewood City Council November 16, 2009 Page 14 COUNCIL MEMBER JEFFERSON MOVED, AND COUNCIL MEMBER PENN SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) -RESOLUTION NO . 83, SERIES OF 2009. RESOLUTION NO . 83 . SERIES OF 2009 A RESOLUTION SETTING THE UST OF PERSONS ELIGIBLE FOR APPOINTMENT AS HEARING OFFICERS FOR DISCIPLINARY AND MERIT APPEALS . Vote results: Ayes : Council Members Penn , Mccaslin . Wilson , Woodward. Jefferson . Olson , Glllit Nays : None Mellon carried . Director Eaton sa id thank you . (ii) Director Eaton presented a recommendation from the Human Resource Department to approve , by motion , the appointment of a hearing officer for a disciplinary appeal filed by Dawn ')rona. She said the list was just approved and I'm asking for a recommendation from that list. Mayor 11\/oodward as ked if there were any questions for Sue . Mayor Noodward sa id I have a question . We did have an employee issue that we ... wilhin ... a number of • months back . Who was it t~at we utilized on that? Director Eaton replied that was John DiFalco . Mayor • Woodward said okay . Council Member Jefferson said so we need to pick one of these three? Mayor Woodward said exactly . Mayor Woodward asked If there was any discussion regarding selecting one of these three . Council Member Jefferson said perhaps we should spread It around and ut ili ze somebody different th is time . Mayor Woodward sa id I would be in agreement . Council Member Jefferson sa id that would be Mr . Cohen or Mr . Aisenberg . Does anybody have any strong feeling on that? Council Member Wilson sa id I th ink Bennett Aisenberg has real strong qual ifications . Council Member Jefferson asked is that a motion . Council Mem~~r Wil son sa id it could be . COUNCIL Mf'' ! WILSON MOVEO, AND COUNCIL MEMBER JEFFERSON SECONDED, TO APPROVE A· ,.OA ITEM 11 (c) (II) -THE APPOINTMENT OF A HEARING OFFICER , BENNETT AISENBEli.;., FOR A DISCIPLINARY APPEAL FILED BY DAWN ORONA. Mayor Woodward askad if there was any discussion . There was none . Vote results : Mot ion carried . Ayes : Counc il Members Penn , Mccaslin, Wilson , Woodward , Jefferson , Olson , Gill i! Nays : None (Ill ) Deputy City Manager Flaherty presented a recommendation from the City Manager's Office to approve , by motion , Amendment #1 to the Ameresco Technical Energy Audit to provide for the investigation , des ign , development , and implementation of Photovoltaic (solar) systems at various City fac ilities . He sa id good even ing Your Honor , Members of Council. Welcome to our new members . In June of this ye ar , Counc il approved the agreement for the energy aud it under the ausp ices of the Governors Energy Office and our intergo vern mental agreement with the GEO . The purpose of th is amendment is to al lo w Ameresco to full y investigate the opportun ity to prov ide for Photovoltaic sola r • • • • Englewood City Council November 16 , 2009 Page 15 panels on various City facilities . Part of the ... this is not part of the scope of serv ices of the energy aud it. In fact. it was al ou r request that Ameresco did some prel iminary investigation . We actually had two th ird part ies approach the City during our proc ess of ini tiati ng the energy aud it. to provide lhe City with PV or Photovoltaic solar panels on buildings . Bas ically , after initial inv est igat io ns , Ameresco determ ined that this is someth ing th at they could do and we agreed that it would be benefic ial to both parties if we would work with Ameresco directl y. in stead of bringing a third party in . What Ameresco will do with their full blown investig alion is to look at various City facilit ies , and they are looking at five facilities , that might be utilitized for placement of PV solar panels that convert the energy of the sun into electric energy . We have a couple cf issues . One is we need to de term ine if the stru cture of thos? facil ities will perm it the placement of the PV panels . Second , we would need to negotiate with Ameresco ... an agreement for, a power purchase agreement , which would requ ire us to purchase electrical energy produced by the PV pane ls for the next 20 years , which basically is the term of a PV agreement. The good news is that we would be purchasi ng power from Ameresco at a fixed rate . It would not go up over time . It wo1 uld , very likely , alth ough we haven 't dete rm ined what the cost would be per kilowatt hour , but it is likely that the kilowatt hour costs will be higher than we are pay ing Xcel Energy at this point in time, but given the nature of the cost of ene rgy over time , we would expec t that that cost wou ld level out and then eventually our cost for the PV produced electricity would be less than that of Xcel Energ y. And again , th is would be coming forward lo Council in a formal agreement. At this po int. this is just an amendment lo allow Ameresco to investigate . We would be com ing bac k to Council at a po in t in the future , probably early next year, to discuss two is sues regarding Ameresco . One would be the potential for a performance energ y agreement, which is a very large project that would include up to , probably, in the neighbo rhood of $2 to S2 .5 milli on worth of improvements . funded by energy sav ings . In audition . there would be a separate agreement , if we come to agreement with Ameresco , on the PV panel placement , as again th is is not part of the energy audit nor is it part of the GEO program . Are there any questions related to this? Council Member Wilson said the only thing I have Mike , is when we talked , you said there is an Exhibit C and D. Deputy City Manager Flaherty sa id that was , actually ... and I'll give those to the Clerk . Counci l Member Wilson said okay . She sa id I know that they were part of the original , but I think it would be helpful to have it all together . Deputy City Manager Flaherty sa id correct. Those two pieces were missing from the original agreement that was approved by Council in June . Those got missed in process ing for the packet. Basically , the location s of the build ings that Ameresco is rev iewi ng under the energy aud it, and then the second ... D. which is on the nip side of that same piece of paper , we're conserving p•per as well , is the cost breakdown of the Ameresco contract. Council Membe r W ilson said also , this is purchasing Photovolta ic ... the system , right ? It's purchasing or is it leasing? Deputy City Manage r Flaherty sa id actually Ameresco will own the system for twenty years and a: that point in time , they would turn the system over to the City . if we chose to accept it at that time or be 1emoved. They would own it. They would get the tax credits from the installation , the Federal Ta x credits , which we are not eligible for as a tax exempt entity . We would purchase power onl y from Ameresco . Counc il Membe r Gi llit sa id one of the quest io ns I have is ... l am pretty familiar with PV technology because I get the opportun ity to wor k wi th people who do tha t on a re gular bas is. One of the thi ngs I'm finding I like is that the technology is updated almost monthly . And my quest ion would be , should the City go through this , would Ameresco be will ing . as updates or improvements come in, would the y be updatin g lh e system at their cost or wou ld that be so meth ing ... ? Becau se bas ically right now , it's like buy ing a Pinto and ,n twe nty years , it could be a totall y differenl an ima l. I j ust wouldn 't want us to ge l •ied into something when we know tha t technolog y is increasing . Deputy City Manage r Flaherty saio we can discuss that with Ameres co . As I sa id, we will be bringing back an agreeme nt to Council at a future point in time . Howeve r, these systems are pretty simple . Th e solar hot water system that was install ed a! the Recreat io n Center in 1987 , Ameresco rev iewed that ope ration and foun ,1 it sti ll to be functional and In good shape . There are no moving pa rt s in a PV system . Bas ically , it is a large solar panel and it ha; what they call an inverter . It is possible thol over ti me those inve rters might be replaced if they go bad but bas ically the maintenance on those panels is to wash them uff occasionall y. But again , we can have that discuss ion with Arne resco and I would certainl y do that. Counci l Mem be r Jefferso 1 said and I th ink the rea l appeal of a lot of th is is the , you know, no cost to the City be ing able to ge t some sort ~f fi ,ed cos: that might 'le cheaper than wha t we 're pu rchasing currently Englewood Cit y Council November 16 , 2009 Page 16 So I th ink th at's probably a lot of the upside of some thing like th is. I had a co upl e of quick quest ions Mik e. You sa id twenty years was th e agreem ent term le ngth , if we did ch oose to go into an agreem ent wit h Ameres co? De puty City Manag er Fl ahe rty sai d tha t's standard , bu t we ha ven 't actuall y disc uss ed terms at thi s po int in ti me . Coun cil Mem ber Jefferso n sa id okay. Deput y Ci ty Manager Flah erty sai d bu t th at bas ic ally is the standard tha t I hav e see n wi th the oth er t~;rd part ies that we had the sam e disc us sion wi th . Co unci l Memb er Jefferson sa id it could be more, ii could be less . Wha t ab out the lifec ycle of thes e ki nds of systems ? Do you have an y idea of what that might be ? Deputy City Manage r Fl ahert y rep li ed I ao no t. Ag ain, th e hot water system panels that we hav e in the Rec Center, we were ki nd of sur1--··ed I0 ... with the assessment that Ameresco made on th ose , that the y were st ill very fun ctio nal an d operat iona l. As I sa id, there is reall y no moving parts with th is. There is an element tha t's call ed an inverter that is bas ica lly the guts of the system that con verts the su n energy lo elect rical en ergy . I wa s at a meet ing last week at the Go vernor's Ene rgy Office and lis tened to the facil ity m3na ge r fr om Colorado State Un ivers ity , who ha d bas ically j ust entered into two of th es e ag ree ments ; one ,,n campus and another one , wh ich is in process now on one of their farms where they have a large insta ll ation outdoors , not diss imil ar to what thr,y have al Den ver International Airport . and he r response was tha t basica ll y the maintenance is one of c:e aning the panels off occas ionall y and the inverters do go bad fro'll time to tim e and that wou ld be cena inly ... we wo ul d strive to have . du ri ng th e term of the agreemen t, to have Ameresco be responsible for tha t. At the end of the twenty years , we cou ld ma ke a determina ti on that ei ther yes we want to continue to utiliz e th ose as owners or to as k Amere sco to hav e them re1Tlo ved . Council Membe r Jefferson sa id like you sa id we will have tha t optio n ... hope fully we can have that op ,i on wri tten into the agree ment tha t, you know , we can eithe r utilize that or get them to pa y the fee to get rid of It. That 's all I had . • Mayor Woodward sa id just to address the life cyc le. I do have PV solar panels and 25 years seemed to be a pretty standard number for a warranty. Counc il Membe r Jefferson said to, a warranty? Mayor Woodward said they obvio usly can last longer than that. The inverter is the key and as far as that's the • one th ing that coul d change or brea k down and obv iously If we have the contracto r responsible for that or ... Coun ci l Member Jefferson sa id I appreciate thc,se comments . I guess in my mind I was try ing to dec ide if there would be some potential ben efil at th•J end as wel l. Ma yor Woodward sa id another th ing about the inverte r too is that the major compan y Iha: makes the inverters is moving a fac to ry to Colorado . In fact , I th ink they may end up mov ing two . That has Just com e ou t here in the last :~w weeks . Ma yor Woodwa rd sa id I had a qu esti on too, Mik e, with regard to the fi xed ra te. Do you ha ve an y ide a what that Is? Deputy City Man ·,ger Flaherty sa id no t at th is point Ameresco has done only a ve ry prel i, nina r ana lys is of wha t th eir costs woul d be an d the feas ibility. They are go ing to ge t into an in- dep th an a ys is. We're pa yi ng someth ing in the range of 5.5 to 6 cents a kilowatt hou r lo Xce l. What I've heard fro m thert is that currently th e cost migh t be app roxi mat ely 7 cents or maybe a li ttle bit highe r. Mayor Wr,od ward said okay. Ho w does demand work then ? Deputy City Manager Flaherty said I do not know tha . J,m. Ma yo r Wood ward sa id okay. Tha t's ... l mean I'm all for this and th ere's no cost assoc iated with this bu t tha t is defi nitely someth ing that I would like to hea r addressed is how demand is handled , simply beca use we do ha ve la rg e mo tors th at co me on an d ... Depu ty Gity Man ag er Fla he rty said this will onl y be supp le menta l. This will no t be repl acing an y Xce l Energ y. Th is will be , bas ical ly . will be produ ci ng electric al energ y, bu t these will not br cowe ri ng any sy stems in total. In fa ct , as much as we wo uld like to be li eve that this wi ll be po wering th e e:1 tire Ci ty for th e ne xt twent y years, tha t's not goi ng to happe n. It wi ll powe r som e elements in th e buil di ng. bu t ii will not be capable of powering an entire bu ilding . Mayor Wood ward sa id okay so th e other pa rts of th e co ntra ct probabl y ad dres s demand lo cyc le ... motors , and lig ht ing and that sort of lh ing . Dep uty City Man ag er Flaherty sa id, and ag ain, I ca nn ot tell you tha t and won't have that informa tio n for yo u until we bring tha t ba ck , if we bri ng that back in the fo rm of a con tract. Co uncil Member Jeffers on sa id I think that ,'>ere are a lo t of unknow ns as fa r as , you kno w, wh at lhe potenti al agree ment may poten tiall y be but, you kn ow, my unde rsta nd ing , and corre ct ms if I'm wrong , is , • you know , we ha ve no level of com mitm ent here . We are goin g to hav e th e oppo rtun ity to re vi ev1 whateve r tenta t,ve agree men t we come up with . Deputy City Ma na ger Flaherty sa id th is strictly gises Ameresco the authority to go forw ard with a thorough investiga tion bas ed .. aga in the goal is lo be able to Install PV panels on at le ast some of our facili ties . To take advantage of altern ative energy forms , but this • • • Englewood City Council November 16 , 2009 Page 17 is noth ing more than basically Ameresco's request to make sure that we ha ve full authority to move forward with them on the Investigation . A full blown agreeoiont will be coming forward ag ain if we get to tha t point . We hope we do , but at this point I · 'on 't know tha t. Mayor Wood ward asked if there were any other queations T~ere we re none . COUNCIL MEMBER OLSON MOVED , ANO COUN CI~ •~E MBER JEFFERSON SECONDED, TO APPROVE AGENDA ITEM 11 (c) (111)-AMENDMENT R1 TO THE AMERESCO TECHNICAL ENERGY AUDIT. Mayor Woodward as ked if there was any other discussion . There was none . Vote results: Motion carried . Ayes : Council Members Penn , Mccaslin. Wilson 'Vt .d1 ,,,, .lefferson , Olson , Gillit Nays: None 12 . Genct;i l Olscus ■lon (a) Mayor's Choice (i) Mayor Woodward sa id next Monday, November 23~, we will have the lighting of our holiday tree in the piazza out front of the Civic Center here at 6 p.m. All are invited . Cookies and hot chocolate will be provided . With the economy being what it is , we have cut baci< on the celebration somewhat. It will not be Englewood Shines. We will not have the fires that we 've had in the past or the fireworks . So, It will be basically a celebration of lighting the tree and then Council will move from there right upstairs into Study Session. Again , the public is certa inly welcome to enjoy the tree and the goodies downstairs . (ii) Mayor Woodward said aga in I just want to mention that wh ile we will miss the knowledge and benefits of what John and Wayne have brought to the City , I want to welcome Linda and Rick to Council . As you will learn , as the rest of us have learned I think or are in the process of learning , that we are a team of se ve n that are very much in a fishbowl and in a leadership role within our City . That's by the cho ice of our citizens . We will not always agree and hopefully we will always come to policy decisions wh ich are in the best interest of the citizens of Englewood . (iii) Mayor Woodward said Elain e, I think you had asked where can you go and I think you have been there before, alth ough you haven 't spoken , is the Englewood Housing Authority Commission . In looking at your drawing here with regard to the dryer, be ing the iais on , I can certair :v bring that forward and ask about tha t. (Iv) Mayor Woodward said and Mark, I will ask about un it 511 . So with that, the parking , I can also put that forward . I don 't .. .in my mind , I can't see that. I need to go look at that to fully understand that. (b ) Co uncil Members· Choice (i ) Council Member Penn: 1. He said Rick ... Linda ... it will be a fun two years and get ready for that . Congratulations to Jill ior Mayor Pro Tem . And to Jim again , congrat•Jlations to being Mayor . 2. He said I don't know about the Simon Center. Maybe we need to maybe send someone out to make sure that we get l hat taken care of and not wait until we get to the Englewood Housing Authority . Englewood City Council November 16 , 2009 Page 18 Mayor Woodward said lhank you . (ii ) Council Member Wils on : 1. Sh e sa id welcome Rick and Linda . Congralulalions to Jim. Thank y~u to lhe Council Me,...oe rs wh o voted me ~s Ma yor Pro Tern . I look forward to thal pos ition . 2. She said lhank you Jim for saying that you would help Ela ine an .! Mark . 3. She said I am kind of dis appoi nted lhat there won 't be more of a hoopla with the Christmas tree . But we know that times are tough so . thank you . Mayor Woodward said thank you . (iii) Council Member Gillit: 1. He sa id I want lo lhank Elaine and Mark forcvming up . As a citizen who has presented , I know ii,;;i it can be scary . It can be nerve-racking , but I want to thank them for bring ing things to our attention . That they feel comfortable doing that. 2. He sa id also , Carol Brzeczek . I than k Carol ... l think she laft . Thank her for bring ing some issue s up . know that transparency has been a big issue and I'm really looking forward to go in g forward in that direction. • 3. He said and Laurett . I appreciate her standing up and .. .l think tt :s commitmen l vi ;ii of u~. al least I know that I believe that we all have a desire to transparency and Iha, s the direction lhat we wi ll be going . • 4. He sa id personally aga in, I wanl to than• Mr. Mayor for winn in g and I look forward to suppc ,iing you . Mayor Pro Tern , I look forward to worki ng with you as well. 5. He sa id and you put me besidr, a school teacher and I'm a little worri ed . I'm loo ki ng forw ard to working with you Linda and the rest of you . We 'll go through lhls . It's an emot io nal process and we had a greal show ing this evening and we had some great people . One c,i the lhings that I wasn 't ex pecting , not that I thought thal it would be bad , was just how welcoming the Ci!y was when I got elected . How the offices upstairs and everybody is j usl so kind . Gary , I ,·,ant to tha :,k you for doing tha t. It means a lot to a new guy and Linda can speak for herseli on that . but I was treat,,d very well and very ki ndly and I loo k forward lo working with them as well . Mayor Woodward said thank you . (iv) Council Member Olson : 1. She sa id I must say that I would not want to do Bob 's job . He 's much better at it than I am fo r sure . It's a greal pleasure to be here aga in and thank you for those of you who have been so supportive all along the wa y and for those of you that "ave made me think harder. .. I appre ci ate it. 2. She sa id I app reci ate the people who got to speak tonight , because I'v e don e that as we ll . Hopefully , we can resolve some of these things . In particular, it seems silly to me that you can 't switch a drye r. I can't have my dryer opposite of the washing mach ine eilher and I am full y able to walk from one side to the vihor so, hopefully , we can get these th ings resolved . 3. She said I am a little bit concerned about the use of the word transparenc y. I would rea lly like to • welcome ... invite our Counc il here to have a conve rsation at a Study Session about what transparency really means and what pol icies ac tua lly govern transparency an d not. I think ma ybe lhere is some co nfus ions ahout that and I will own that for myse lf. I've watc hed the last severa l mon ths people get up here and ·•ell, after meetings , talk about not hav ing a transparent and open governm ent and I find that • • • Englewood City Council November 16 , 2009 Page 19 quite puzzling , because I've been able to get most of what I need at most times . Conversations that h, ppen up at Study Sessions are taped as well as ... so I'm concerned that there is a bit of a use of a term here that maybe we need to define for ourselves what we need and identify what the principles and the pol icies are that govern that. So that would be helpful to me as a ne wb ie . With that, I say thank you and I'"> really pleased to be able to work with you all. May I Woodward said than k you . (v ) Council Member Jefferson : 1. He sa id first o! all I ju st wanted to welcome Rick and Linda . I look forward to serving with both of you . 2. He sa id to Elaine , I hope Jim can bring it to the Housing Authority for you . 3. He sa id to f,,'ark , you know , he brou ght up the issu e of five or six folks living in the apartmen t and it sounded like they were all rela ted . In that situati on , that 's why it Is permissible because of their relation , correct? City Attorney Brotzman said there are two reasons . One is a relationship and the second is square footage . Apparently what Mark said wa ,; there was .. .it was square footage was met. Council Member Jefferson said so Mark to answer your question , as far as how to take it further or whatnot that wou ld require a policy change . I don 't see that on the horizon , but it Is certainly something that we can dis cuss . Ma yor Woodward said it is actually truly with the Englewood Hous ing Autho,,ty , which is a quas i- governmeotal agen cy that is ... Simon Center and Orchard Place are Federally fun~ed build ings so some of that, other than our zoning que sti ons , which Mark had brought up , so ... a one bedroom ... mus t be pretty big square footage for a bedroom . Mr. Craft spoke from the audience 550 square feet. Council Member Jefferson sa id it doesn 't seem like it would be pemn iss ible . You know, perhaps we can look into it again because that just doesn 't seem to be adding up . That low level of square footage with that many folks doesn 't seem ... perhaps we can ... maybe I'll chat w, h you after the meetir.g and we can try put in a request if need be . 4. He said and to everybody else , who came and spoke about the process ton ig ht , I generally agre e that I think we have ide nt ified some problems and hopefully we can take some steps tc amend that in the future . Mayo r Woodward said thank you . 13 . -City Manage~• Report (aj City Manager Sears sa id I just want to follow up on congratulating Rick and Lin da and Jim for the election . And Jill for the election of Mayor Pro Tem . (b ) City Manager Sears said I want to also note that we are lucky . We have an outstandir J staff an d organ ization . I want to thank all the members of the staff tha t stayed through ton ig ht and showed up ton ight. As you can tell It is very importa nt for employees of the organization to welcome and see the new lead orship as it co mes forward . And I think a& Rick and Li nda both found , our whole goal is to be respons 've , to be available , and to prov ide information . That will continue , ac is evident, by a rea ll y qua lity, highly competent staff and emp loyee base . So , I think you wi ll be pleased with the quality of th e work tha t you will see fr om our e,nployees . (c) c;ty Manager Sears sa i<' with that, I j ust want to say thank you . As has been our trad ition in the past , we do have ... we really try to ,et our newly elected to take a tour, but we also recogn ize that other members of the Council are welcome to also attend . W• had talked about this Friday . Is 2 o'clock the best time ? Okay . So , we 'll be meet ing in my office and we have the opportunity to go to the Safety Services Department , the Serv iCenter and then also a oriel tour of the are a around here . f arhaps the wate r function ... we 'II provide a list for all of the Council Members that may be interested in attending that. Englewood City Council November 16, 2009 Page 20 As things happen . our Wastewater Treatment Plan t is prob ably a ha lf day in and of itself and so olher areas, we could cenainly set some time up for you or other Council Members to go to . So . we 'll stan at 2 o'clock in my office and I'll work until 5 on Friday. But aga in congratulations to all of you . I kno w, as a staff, lhat we look forward lo working with all of you . Mayor Woodward sa id thanks Gary . 14 . City Attorney's Report (a) Cily Attorne1 Brotzman sa id again oongratulalions lo Rick , Li nda . Congratulatlons Jim , JIii . One of the things lhat the Mayor and Mayor Pro Tem do, that we do need to schedule, is there is a Mayor's meeting . T he only th ing that goes on at the Mayor's mee ting is that we simp ly set the agendas, the Study Sess ion and the regular agenda . That is the role of the Mayor and Mayor Pro Tem at those meetings . There is nothing substantive decided at those meetings. There is no administrative power that is different that the Mayor and Mayor Pro Tem ha ve other than getting the schedule done . Council then has an opportunity to have input into that at Council Membe~s Choice, at the Study Sess ion or the regular session . So we do need to schedule that as a meeting . The Council handbook is actually scheduled for next Monday night. We'll go th,ough some ofthe ... we'II try no t to overwhelm you right up front, but we 're going to try to hit some of the high points on the Coun cil handbook a, well. Mayor Woodward said okay. 15. Adjournment •• oowdoow'.'° ""'d~"' The meeting adjourned at 9 :32 p.m. • • •