Winter Park Police issue citations

The Winter Park Police issues two citations this morning, July 31, 2017, to constructions workers driving licensed pickup trucks on public roads in Winter Park.

Read the emails below for more information.

 

 

Chief Trainor,

 

I understand you were directed by Drew Nelson, the Manager for the Town of Winter Park, to ticket anyone associated with the construction of the Grand Park Drive UPRR underpass project accessing the Grand Park property off of Kings Crossing Road.  This morning, you apparently, were sitting at Kings Crossing awaiting our contractor where you wrote them two Summons and Complaints (Case# 170497) attached with DLs stricken for ease of reference.  These gentlemen were in pick-up trucks driving to UPRR underpass project located in the Town of Fraser on the UPRR property.

 

As you are also aware, the Town Manager for Winter Park, wrote a letter stating the Town of Winter Park would not be meeting with me and has no jurisdiction over the UPRR underpass project; this in response to my request for a coordination meeting with the Winter Park Town Planner prior to commencing construction of the underpass project.  You are in receipt of Drew Nelson’s letter stating this. 

 

The Summons and Complaint cites the following charges:

1. Winter Park Town Code Section 5-2-1:Construction Within Town Streets or Rights of Way:  All work within town streets or rights of way shall require a construction permit issued by the town as described in the “Town of Winter Park Standards and Specifications For Design And Construction”.  All such work shall conform to the “Town of Winter Park Standards and Specifications for Design And Construction” and, as applicable, any standards or specifications required by special districts or utility companies (Ord. 459, Series of 2012).    

 

AS I BELIEVE YOU ARE FULLY AWARE THE UPRR GRAND PARK DRIVE UNDERPASS IS NOT BEING CONSTRUCTED WITHIN WINTER PARK TOWN STREETS OR RIGHTS OF WAY.  PLEASE EXPLAIN ON WHAT GROUNDS THIS CITATION WAS MADE TO THESE GENTLEMEN DRIVING THEIR PICKUPS TO WORK.  IS EVERY VEHICLE CARRYING CONSTRUCTION WORKERS OVER TOWN OF WINTER PARK ROADS NOW SUBJECT TO THIS SAME TREATMENT?  PLEASE ALSO EXPLAIN WHERE YOU BELIEVE CONSTRUCTION WITHIN TOWN OF WINTER PARK STREETS OR RIGHTS OF WAY IS OCCURING OR WAS BEING PERFORMED BY THESE GENTLEMEN WHEN YOU ISSUED THESE CITATIONS THIS MORNING, INTERFERING WITH CONSTRUCTION PROGRESS FOR MORE THAN 30 MINUTES.

 

2. Winter Park Town Code Section 5-2-6: Connection to Town Roadways: 
3. No connection shall be made to any street, right of way or trail owned or under the jurisdiction of the town without the prior approval of the town council.
4. In considering whether to grant approval to connect to a town owned or town controlled street, right of way or trail, the town council shall consider the following criteria:
5. Whether the proposed connection and projected traffic as a result of the connection will alter the character of or negatively impact a residential neighborhood;
6. Whether the proposed connection and projected traffic as a result of the connection will negatively impact any park or open space;
7. Whether the proposed connection will create an undue burden on the existing town street system;
8. Whether the proposed connection complies with the town’s comprehensive plan;
9. Whether the proposed connection meets all town standards and regulations, including, without limitation, the “Town Of Winter Park Standards And Specifications For Design And Construction”; and
10. Whether the proposed connection is in the interests of the public health, safety and welfare.

 

1. The town council’s decision on whether to allow a connection to any town owned or town controlled street, right of way or trail shall be final, subject only to judicial review as provided by law. (Ord. 459, Series of 2012)

 

THE ACCESS TO GRAND PARK FROM KINGS CROSSING ROAD IMMEDIATELY WEST OF THE UPRR RIGHT OF WAY AND ITS INTERSECTION WITH KINGS CROSSING ROAD IS AN EXISTING ACCESS.  AT THIS TIME, AND FOR THIS PHASE OF THE UPRR UNDERPASS CONSTRUCTION PROJECT, WE ARE NOT MAKING A NEW CONNECTION TO A TOWN OF WINTER PARK ROAD.  WE ARE USING AN EXISTING ACCESS THAT IS A TOWN OF FRASER PUBLIC ROAD, CREATED IN GRAND COUNTY ON JUNE 10, 1929, AND WHEN THE GRAND PARK PROPERTY WAS ANNEXED TO FRASER BECAME A PUBLIC ROAD, ACCORDING TO THE EMAILS ATTACHED FROM THE FORMER COUNTY MANAGER.  A MAP OF THE PUBLIC ROAD IS ATTACHED FOR YOUR REFERENCE.    

 

THE TOWN OF WINTER PARK DOES HAVE A PLAN DESIGNED BY CORNERSTONE FOR AN EXTENSION OF KINGS CROSSING ROAD IN ACCORDANCE WITH THE ANNEXATION AGREEMENT FOR THE LELAND CREEK SUBDIVISION; HOWEVER, THE TOWN OF WINTER PARK HAS NOT BUDGETED THE FUNDS FOR THIS CONSTRUCTION AND WHEN THEY DO BUDGET FUNDS FOR THIS TOWN OF WINTER PARK CONSTRUCTION PROJECT, IT HAS YET TO BE DETERMINED WHETHER THAT PROJECT WILL FALL UNDER THE CODE SECTION YOU CITED IN THE TICKETS YOU ISSUED THIS MORNING.

 

It is very clear, you are doing specifically what Drew Nelson, the Town Manager of Winter Park instructed you to do.   We find this unfortunate and disturbing that Drew Nelson, the Town of Winter Park’s Manager, would put our Towns’ police chief in such an awkward position, waste the time of the construction workers, interfere with the construction of the UPRR Underpass project which stands to greatly enhance the safety of our communities.  This becomes even more concerning after reviewing the clear language of the code sections you cited (included above for ease of reference) and the irrelevance to the UPRR Grand Park Drive underpass project we are currently constructing.   These workers you cited this morning were wrongfully cited.   Access to Grand Park property for any purpose off Kings Crossing Road is clearly not in violation of any Town of Winter Park codes.

 

I believe you should revisit your issuing of tickets for our use of the road access off Kings Crossing road as there is clearly no applicability to the construction project we are undertaking for the UPRR Grand Park Drive underpass.  We stand committed to our right to utilize the access off Kings Crossing Road.

 

I would be glad to meet with you in person should you wish to discuss this further.

 

Sincerely,

Clark

 

On Jul 31, 2017, at 11:26 AM, Glen Trainor <gtrainor@wpgov.com<mailto:gtrainor@wpgov.com>> wrote:

Thank you for the email Clark.  I understand your concerns and position.   I really feel its best if you direct further questions about this matter to either Drew Nelson or Kendra Carberry.

Respectfully,

Glen Trainor
Chief of Police
Fraser/Winter Park Police Department
79050 Main Street, PO Box 211
Winter Park, CO 80482
(970) 722-7779

 

Glen,

The law is plain language.  Tell me what we are constructing in the town right of way and what new connection we are making to a town right of way.

The town of winter park code speaks for itself as does Drew Nelson’s letter regarding no jurisdiction for the Town of Winter Park.

You wrote the tickets, not Drew or Kendra, so please answer the above questions and tell me how you determined these workers are violating Winter Park Town Code.

If they are violating Winter Park Town Code by driving through the Town of Winter Park to get to their job, then you should be ticketing every construction vehicle driving through Winter Park.

Clark

Sent from my iPhone