Wednesday, April 25, 2012




APRIL 9, 2012


The Silver Plume Board of Trustees met on Monday, April 9, 2012, at its regularly scheduled meeting at the Small Town Hall.  Mayor Ballard called the meeting to order at 7:07 p.m.

The following roll was recorded:

Earl Ballard              present

John Busenitz             present
Gary Regester    present

Sean Arkley       excused

Jeff Best          present
Fred Lyssy                  present

Alessandria Regester     excused
Others present: Nicholas Regester, Curt Osborne, Eben Mond, Scott Shafer, Claire Mootz and staff Jodi Candlin.
G. Regester made a motion to approve the amended agenda as follows:  Resolution 2012-01 changed to Open Records Policy, Mootz' water and sewer bill, Whitney sewer bill, letter to Fire Chief Kelly Babeon, Haskins' lawsuit and towns' licenses for businesses under New Business.  Lyssy seconded and the motion passed unanimously.





Resolution 2012-01 has been changed to an Open Records Policy.  This policy is for people who want minutes, drawings, etc. There is a budget for the town clerk to do town business but not for people who want to inspect records, minutes, drawings, etc.   There has been a recent request for minutes for the past two years and per the town's attorney, the town should charge for the town clerk's time.  This started as a resolution but has since been turned into a policy and the Historic Lands District policy was used as a template.  F. Lyssy sent the town's policy to Barbara Green, the town's attorney, and she made changes.  F. Lyssy added the minimum fee of $30.


G. Regester made a motion to approve the Town of Silver Plume's Open Records Policy.  Lyssy seconded and the motion passed unanimously.



The Mootz' water line broke and did significant damage to their home as well as resulting in a very large water and sewer bill.  Claire Mootz was out of the country at the time the water line broke and was alerted by her realtor.  Wilson Franklin contacted Jodi Candlin on the Mootz' behalf and requested that Rick Gaubatz turn the water off at their curb stop.  R. Gaubatz was unsuccessful due to the curb stop being filled with rocks and again during his second attempt because the curb stop was filled with frozen water.  J. Candlin left a message for C. Mootz to this effect letting her know the town was unsuccessful and to turn the water off inside the house.  C. Mootz was hired a plumber who was able to turn the water off at the curb stop.  The town asked that C. Mootz submit her water and sewer bill to her insurance company for payment and they sent a letter back denying the claim because they did not have water damage insurance, only fire damage.  Mayor Ballard checked with the Town of Georgetown to ask what they would do in a situation such as this and the town administrator said he had the ability to make changes to the bill but the treasurer said that should not be the case.  F. Lyssy spoke to the Consolidated Mutual Water Company that handles water distribution in parts of Golden, Lakewood, Wheat Ridge and other areas.  They do not give any allowances and will only stretch out the payment time.  There are costs associated with the town processing water and G. Regester discussed that the town had set up the water and sewer rates to cover the cost of the plant operations.  There has also been an unofficial policy that if the owner responds quickly, the town gives them some sort of grace.  Most places would not help with this sort of problem but Mayor Ballard feels the town should help.  Claire Mootz arrived at this time and the board let her know they were discussing her agenda item.  Both C. Mootz and J. Candlin let the board know that she had given the town a check in the amount of $1257 last Thursday as a payment towards her bill.  The board decided that they would remove the 3/8 of a cent charge off of the sewer portion, the rest of the payment would be spread out over a reasonable amount of time (to be paid in full by December 1, 2012) and the town would re-calculate a reasonable water payment so the town can recoup some of its costs and not overburden its other users but no more than 50% of the bill.  The bill may possibly be reduced by $5000-$7000.  F. Lyssy said he and R. Gaubatz would work on this issue.  The town will accept C. Mootz payment of $1257.



On December 14, 2011, the town's sewer backed up into the Whitney's house causing damage.  The claim was turned into CIRSA for help in compensating the Whitney's since their insurance would not pay.  CIRSA denied the claim since there was no negligence on the part of the town.  There was no negligence but Mayor Ballard felt the town had some responsibility and moral obligation to help them.  According to Becca Whitney they received a bill for approximately $3000 for new duct work and to replace the walls.

Mayor Ballard spoke to CIRSA today and they are willing to pay Silver Plume's deductible of $500 to the Whitney's as long as they accept this figure and do not take this

any further.  The town would be setting a precedent if this was accepted.  Per Mayor Ballard and R. Gaubatz this was not caused in any way by the sewer project contractor.  However, since infiltration has been decreased, this could possibly have caused the sewer to back up.  G. Regester asked that the town receive a copy of the Whitney's letter of denial from their insurance company since this is what the town is requesting of the Mootz'.  Mayor Ballard will pursue this and ask that B. Whitney give the town a firm estimate of the damage caused, that this be submitted to their insurance company and that the town receives a copy of the insurance denial letter. 



Mayor Ballard wrote a letter to Fire Chief Kelly Babeon on behalf of the town regarding trading the town's municipal revenue payments in exchange for allowing the Clear Creek Fire Authority full use of the Silver Plume Firehouse.  The town has not heard from Fire Chief Babeon yet on this matter. 



The easement has been signed by the town and is awaiting the Haskins' signatures.  They are in the process of cleaning the lot up and removing all materials on it so that the contractor can begin the sewer project again on April 16, 2012. 



It was brought to the attention of the town that Eben Mond was advertising his parent's house as a bed and breakfast.  He was advertising this as a vacation rental home by owner which is a common practice.  It was brought to the town's attention that he was also operating a ski shop.  F. Lyssy feels that the town should benefit tax wise from this operation.  E. Mond mounts skis for fun and as a hobby and is not making any money from this venture; this is not a business.  As far as the bed and breakfast, the house is owned by his parent's and is not used all of the time by them.  They asked E. Mond to rent the house out during ski season and high season.  G. Regester commented that there are definitions for this type of rental and thinks that Clear Creek County has these definitions already in place.  E. Mond discussed that this house is rented out less than 50% of the time and they are not using this as a business.  Mayor Ballard will meet with Beth Luther from Clear Creek County and ask about definitions.  E. Mond discussed that he rented out half of his house for the past 5 years and was not trying to do anything against town rules.  Mayor Ballard discussed how the town has lost several businesses over the past few years and the town's sales tax revenues are drying up and the town

needs to look into other revenue sources.



It was discussed that a letter needs to be written to Rosalie Bianco regarding the living situation of one of her employees who is a night watchman.  E. Mond discussed how it is difficult to drive down Main St. on the west end by the pellet mill because there are trailers and cars parked in such a way that it is hard to navigate Main St.  G. Regester discussed how the town should write up a punch list of pellet mill procedures.  This was not done prior to approval of the pellet mill and it should have been. 



Lyssy made a motion to approve the minutes of March 26, 2012.  Busenitz seconded, G. Regester abstained and the motion passed.



Town Clerk Jodi Candlin certified the April 3, 2012 election with Fred Lyssy as Mayor, Jeff Best, Curt Osborne, Scott Shafer, Eben Mond, Nicholas Regester and Earl Ballard as Board of Trustees members for 2 year terms. 



Town Clerk Jodi Candlin swore in Fred Lyssy as Mayor of the Town of Silver Plume.  Town Clerk Jodi Candlin swore in Jeff Best, Curt Osborne, Scott Shafer, Eben Mond, Nicholas Regester and Earl Ballard as Board of Trustees of the Town of Silver Plume. 


Mayor Lyssy said the board members are an important function and represent their constituents.  He is anxious to hear their viewpoints and is looking forward to working with them.  He does not want to conduct a lot of town business tonight and discussed with the board that in their packets there is Ordinance 309 which establishes procedures for adopting new ordinances and the Town of Silver Plume Charter which discusses Home Rule.  The town follows all state requirements but has the ability to modify and change the rules for the benefit of the town.  Mayor Lyssy went through the list of the different boards that each member needs to participate in.  E. Ballard stated that the reason he ran for the board again was to stay on the Sewer Commission.  It was decided that the board would have a work session on Monday, April 16, 2012, at 6:00 p.m. to further discuss the jobs each member would like to have, to get to know each other better and to establish priorities for the next 2 years.  Work sessions are public meetings and anyone can attend, the town clerk does not attend because no minutes are taken, the board can't make decisions and can only discuss matters.  Executive Sessions are not open to the public and only personnel matters and counsel from the town attorney can be discussed. E. Ballard then informed the board of the 2 lawsuits that are currently pending against the town.  The Haskins' easement agreement is one of them and the other is Silver Plume Preservation, Inc. which has brought a lawsuit against the town for approval of the transfer station at the west end of town.  The town attorney has filed a motion asking that the lawsuit be dropped.  Mayor Lyssy then asked that if any board member is a member of Silver Plume Preservation, Inc. that they recuse themselves now.  No one is a member.  E. Ballard discussed that he had recused himself from any decisions made on the transfer station for any perceived conflicts of interest but did participate in some discussions as mayor to protect the interests of the town.  He does not feel that he should recuse himself from tonight's discussion.  F. Lyssy gave the new board a little background on the transfer station.  The Board of Adjustment and Appeals approved the transfer station under certain conditions and the Board of Trustees formed a committee to make sure that all of those conditions were met.  This was a mutual agreement between both the town and Timberline Disposal and there is a signed contract.  Everything was done properly in all aspects of developing the agreement. 



Ballard made a motion to approve the bills list except the bill for Historic District Public Lands Commission as it had already been paid.  Osborne seconded and the motion passed unanimously. 

Discussion followed regarding the bill from Water Quality Professionals and the test for inorganics fluoride.  The board asked that J. Candlin find out if this is a recurring test and how often this is tested as the amount seemed to be high. 


With no further business to come before the board the meeting adjourned at 9:30 p.m.

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