Wednesday, July 25, 2012


 

TOWN OF SILVER PLUME

BOARD OF TRUSTEES

RECORD OF PROCEEDINGS

JUNE 25, 2012

 

The Silver Plume Board of Trustees met on Monday, June 25, 2012, at its regularly scheduled meeting at the Small Town Hall.  Mayor Lyssy called the meeting to order at 7:10 p.m.

The following roll was recorded:

Fred Lyssy                  present

Earl Ballard             present

Jeff Best          present 

Curt Osborne                  present

Eben Mond                    excused

Nicholas Regester          excused

Scott Shafer                    present


Others present:  Kristen McCully, Ted Parker, Rodger and Kathy Harris, Jerry Haskins, Chuck Jedele, Wayne Waddington and Judy Caldwell.

 
AGENDA APPROVAL

Shafer made a motion to approve the agenda with the following changes: delete approval of the water contract but have discussion instead, and discuss adopting the 2006 Uniform Building Code and Fire Code under Information Reporting - Briefs.  Ballard seconded and the motion passed unanimously.

 

Action Agenda

 

BILLS LIST

Ballard made a motion to approve the bills list.  Osborne seconded and the motion passed unanimously. 

 

Discussion followed regarding the $5,000 payment towards Silver Plume's wastewater debt to Georgetown and whether it had been mailed yet.  Mayor Lyssy reported that J. Candlin spoke to him earlier and let him know it had been mailed. 

 

PUBLIC COMMENT

Jerry Haskins asked if the sewer project had been finished in regards to his lot.  Jim Noble, Inc. agreed to replant the grass and put straw down and a communication line is hanging down with a bag tied onto it and needs to be put back where it was (it was not hanging down prior to the project).  Mayor Ballard discussed that R. Gaubatz will be responsible for finishing off the rest of the sewer project as a trade for items Jim Noble, Inc. completed in exchange.  R. Gaubatz is out of town fighting fires and this will be on the top of his priority list when he returns.  J. Haskins also discussed that Mary Beth Camp had laid gravel down on her street (Garfield St.) and had done a lot of improvement to the street and that the street needs to be put back the way it was.  This is something that R. Gaubatz will attend to when he returns.  Mayor Lyssy does not think that R. Gaubatz will be around town much this summer due to the wildfire season.  Wayne Waddington spoke about the town's policy about fireworks this 4th of July.  He is very concerned due to the tinderbox conditions this summer, especially behind his house where there is very tall, dry grass.  Mayor Lyssy discussed that the sheriff's office should be called if anyone is setting off fireworks.  W. Waddington then asked if the town had any procedures or policies for anyone shooting firearms in the town limits and if the town should take action.  The board discussed that the sheriff's office should be contacted regarding discharge of firearms.  W. Waddington discussed that firearms were being discharged from 260 Main St. and were being fired across Water St. and how dangerous this action is.  He does not want to see this happen again; he was fearful for people on the interstate and people that live on Water St.  It was discussed that shooting had occurred earlier in the week and that the sheriff's office was called for this incident as well but the deputy was unable to do anything because it was not on town property.  C. Osborne discussed that it is nonsense that law enforcement is not wanted in this town, that the town does indeed need law enforcement and that this issue is a clear example.  Mayor Lyssy discussed that he will set up a meeting with Sheriff Krueger on having more law enforcement in town.  Judy Caldwell spoke to the board next and let them know that People for Silver Plume had received a grant to help fix the schoolhouse and that she needed one more signature on her paperwork acknowledging that the town board is in favor of the grant.  Mayor Lyssy let her know that the board is considering no longer allowing wood shake shingles for any buildings in town.  A museum visitor has offered to make a sign for the park at no charge and if there is a sign ordinance it should be followed.  Ted Parker discussed that he has been working on Verona Zimmerman's house and trying to get the water turned back on.  The freeze plug on the meter was damaged and he would like the town to have freeze plugs and washers on hand in order to fix the meters.  He would like J. Candlin to order these parts and have them available and not wait for R. Gaubatz to order these parts.  These parts are not readily available at hardware stores and can only be ordered through the company that provides the water meters.  T. Parker discussed that during the water project, the town should have been told that expansion tanks and regulators should be put in as well because so many water heaters in town were destroyed by the pressure. 

 

APPROVAL OF 2012 WATER TREATMENT PLANT CONTRACT WITH WATER QUALITY CONTROL PROFESSIONALS – JOHN VOLK

S. Shafer reviewed the contract and came up with the following: is a monthly report given – NO, who pays for the chemicals – THE TOWN PAYS FOR THEM, is a consumer confidence report prepared – YES, THE MOST RECENT ONE WAS EMAILED TO THE BOARD ON SUNDAY, JUNE 24, 2012 BY JODI CANDLIN THROUGH JOHN VOLK AND POSTED AT THE POST OFFICE THE SAME DAY, fees for tests might be a little high, why has the contract never been put out to any other companies – R. GAUBATZ RECOMMENDED THE TOWN HIRE JOHN VOLK AS HE HAD BEEN EMPLOYED BY SOUTHWEST WATER PREVIOUSLY FOR SEVERAL YEARS AND HAD TAKEN CARE OF THE TOWN'S WATER SYSTEM AS SOUTHWEST WATER'S EMPLOYEE.  WHEN SOUTHWEST WATER DECIDED NOT TO SERVICE COLORADO ANY LONGER, J. VOLK FORMED HIS OWN COMPANY AND SINCE HE HAD BEEN TAKING CARE OF THE TOWN'S WATER PLANT FOR SEVERAL YEARS, IT SEEMED LOGICAL TO HIRE HIM.  S. Shaffer said if the town wants to remain competitive; it may want to put the water contract out to other companies.  C. Osborne wondered if J. Volk was servicing other municipalities and wondered if it might be a best practice to put the bids out to other companies as well as not putting it out to other companies because the current company is doing such a good job.  Some vendors are very important to municipalities and this may be one of them.  The board discussed that J. Volk should be at the next meeting to address these concerns and Mayor Lyssy will contact him about this.  E. Ballard wondered how necessary a monthly report from J. Volk is and maybe just a yearly report would be sufficient.  It was discussed that J. Volk holds his own license for treating the water plant.  The board has been very satisfied with his service and has dealt very successfully with him for several years.  He is very diligent and can check the water computer remotely from anywhere and makes this a regular practice when he is not in town. 

 

CHUCK JEDELE SEWER

At the last meeting, Mayor Lyssy discussed that he would have the town's engineering company, GMS, Inc. review C. Jedele's sanitary sewer collection proposal.  Jason Meyer of GMS, Inc. reviewed the proposal and the following is J. Meyer's response by email: 

This correspondence is in reference you our telephone call and the subsequent FAX you sent last Thursday on a sanitary sewer collection system extension. To begin, let me restate what I understand is the original problem and what is proposed. A homeowner on Willis Street has his existing sanitary service line running from the house to the west to the collection main in Silver Street. The line is a 4" line and runs uphill in a section. It has also experienced freezing conditions during the winter months that create backup issues within the residence. To solve the problem, the homeowner has received the bids contained within the FAX to install a collection main within Willis Street extending to the east to Jefferson Street. The main has been proposed to be a 6" SDR35 line, contain three taps (one of which is

for the homeowner's connection and two stubs that are capped at the ends), have a manhole on Willis Street and connect to the main in Jefferson Street without a manhole. The homeowner did not want to install a service line to the east to connect to the main in Jefferson Street because they did not want to own a service line within the town's right-of-way in case they had to dig it up for whatever reason. Let me know if anything above is incorrect. With that said, I'll address your questions and provide our thoughts on the matter.  First, since the homeowner desires to install a collection main, the ownership of the collection main will become the town's including all operational and maintain costs. This will be for in perpetuity. As such, the town has a vested interest to ensure the collection main is installed per its requirements. Typically these requirements are contained within a sewer ordinance. If not, the town still has the right to require how and what material is used in the installation. With this said, this leads me into your question on ownership of the service line. Again, ownership of the service line should be discussed within the sewer ordinance. There is not a law, regulation or requirement that states sewer service lines are the responsibility of the property owner. All of these issues should be contained within the entity's rules and regulations (the sewer ordinance). That said, the standard we see from community to community is the property owner owns the service line extending from the building to the main. That said, they have to maintain the service line (i.e. clean it when plugged, replace if needed). If this was the town's responsibility, then an individual would be calling the town every time there was a backup within the service line. The town would then have to provide the service of cleaning out the individual line even if the problem was the result of sending large amounts of grease, trash, debris down the line.  Moving on to the bids, I first would say we need to look at how the new main should be installed. According to the Colorado Department of Public Health and Environment (CDPHE), Water Quality Control Division's (WQCD) Policy 96-1, this provides specific requirements for a collection system. Given the limited number of people who could potentially connect to this main, a 6-inch main should be more than sufficient. However, the main should be installed with a minimum grade (slope) of 1.05%. CDPHE, WQCD would require a minimum 8-inch main, but I think in this case it is not warranted. Regarding manholes, Policy 96-1, Section 2.3.1 states "Manholes should be installed at the end of each line; at all changes in grade, size, or alignment; and at all pipe intersections." Therefore, there needs to be a manhole at the connection with the existing main in Jefferson Street and a manhole at the end of the line in Willis Street. This is strictly to provide the town access to clean the main, which is needed in our opinion. Getting back to the pipe, SDR35 is the type of pipe material needed. Given the soil conditions within the town, the pipe must be bedded with 4-inches of gravel (select) material underneath the pipe to 1-foot above the pipe.  With regard to the number of taps, we recommend that the additional wye connects not be installed. This provide an easy way for groundwater to enter into the system. If the cap is not properly installed or comes off for whatever reason, this also provides a means for sediment, rock, etc. to enter into the collection system. We recommend the elimination of the connections if a user is not going to immediately connect to the system. Once a user is ready to connect, this is the time when they can install a saddle and proper connection at that point.  Regarding the submitted bids, the first bid provides good information, but lacks in a manhole at the connection with the main in Jefferson and does not indicate the slope of the main. The second bid is lacking in almost every area. That said, we recommend that the bidders provide manholes at the connection to the existing line and at the end of the new main, eliminate all wyes that will not have a service line connected, provide bedding and state the grade (slope) of the main. The town probably also needs to state that a 0.3 foot drop through the manhole connecting to the existing main in Jefferson is needed, the bedding material needs to be 3/4" minus rock in addition to the requirements stated above. The blue board (insulation board) is a good idea if the main is only going to be 5.5 feet to the top of the pipe.  With regard to engineering, you do not need it on this short run. The cost out ways the benefit and Rick can easily ensure it is installed properly. The only engineering item you may want is a review of the manholes to be installed (shop submittal). That would be maybe $200. Probably less. I think that hits on all of the points. Let me know if you have anymore questions. 

 

C. Jedele thinks there should be a manhole on Jefferson St. but does not know if there is one or not.  The bid from Banky Blackmer included cost of installing a manhole but the bid from C. Hutaff did not include the manhole installation.  The bids are about $10,000 and C. Osborne wondered where the town would get $10,000 to pay for the Jedele's sewer proposal, especially when it benefits only one homeowner.  C. Jedele reiterated that he would pay for the sewer proposal up front and then would ask that the town reimburse him over a period of time by not charging him for water and sewer for both of his properties.  C. Osborne wondered what C. Jedele would do if the town does not pay for the sewer work and C. Jedele said he would do nothing at this point because there is not a problem right now as the sewer line is not frozen.  When the sewer line freezes again, he will repair it at that time. C. Osborne discussed that this is a real estate transaction for an investment property and assumes that unknowns were factored into the price.  C. Jedele said they were not because it was assumed the sewer line did not have problems.  J. Best wondered if heat tape could be inserted into the service sewer line but this increases the possibility of plugging up the line because the heat tape takes up room in the service line.  Mayor Lyssy said he is hesitant for the town to pay for this because it only benefits one homeowner and it might set a precedent.  C. Jedele said if the board will not pay, he will thaw the line when it freezes again. 


 C. Osborne made a motion to table this agenda item and discuss it in Executive Session. 

Mayor Lyssy said that was not appropriate because only personnel matters and legal advice can be discussed in Executive Session and this item does not fall under either of those headings.  This is a public matter and should be discussed publicly and not without C. Jedele present.  This item has been on the agenda for the past 6 months and both the board and C .Jedele feel it needs to be put to rest and after extensive discussion it was decided that the town is unable to pay for this sewer work and C. Jedele accepts this decision.  C .Jedele wanted the board to know that the Rizzardi's fixed many things in the house that needed to be fixed so that C. Jedele could immediately move into the house on the day of the closing.  C. Osborne proposed that the Town, the Jedeles, and two empty lot owners "pull apart" the bids and figure out an equitable way for each party to pay its share of the total project cost.  This idea was not discussed further.   

 

Information Briefing – Reports


REPORT OF PROGRESS OF TOWN FIRE READINESS PREPARATION MEETING (BEST)

Jeff Best met with Fire Chief Kelly Babeon and Assistant Chief Mark Abrahamson and both said they would attend a town meeting as speakers if they were able.  J. Best did not push them because this has been a busy season for them and all firefighters due to so many wildfires, structure fires and smoke sightings.  Fire Chief Babeon said he would be more concerned about dry grass in town rather than an actual wildfire.  In the meantime,    Marty Gitlin, Sarah Walen and Bill McCormick have taken on this project and have organized a meeting on Tuesday, June 26, 2012 at Large Town Hall.  Fire Chief Babeon will be available for this meeting.  J. Best suggested cleaning up some of the yards of uninhabited homes to prevent the grass from catching on fire.  This will be brought up at the meeting on Tuesday night.   Kristan McCully discussed the house behind the bakery that is packed with junk and wonders if the board can condemn this property.  The property owner also owns property in Jefferson County and was made to move out of that county due to uninhabitable properties.  This home is a fire hazard and is dangerous.  C. Osborne asked if the board can have the fire department inspect this property and what the steps would be to condemn this property and/or clean up the property.  There were questions as to whether or not the town could assess a lien on the property if the town has to clean up the property.  J. Best will see if he can meet with Fire Chief Babeon and have him inspect this property prior to the fire readiness meeting Tuesday night. 

 

REPORT ON PROGRESS ON NEW ORDINANCES – NOISE, WATERSHED PROTECTION (ALL)

No work has been done on the above ordinances except C. Osborne has found many websites on noise ordinances.  There are many questions and answers on different items the board has previously discussed.  The noise ordinance will need to be further studied and all ordinances will continue to appear on the agenda. 

 

SEWER PROJECT UPDATE (IF ANY)

There was a packet from GMS, Inc. on the table at the last meeting that the board did not have enough time to review.  Mayor Lyssy has since reviewed it and it pertains to liquidated damages related to Jim Noble, Inc.  GMS, Inc. has recommended the town not pursue this avenue because in all likelihood, Jim Noble, Inc. would probably not carry out any warranty work on the project.  The board has decided to accept the $2400 change order and not pursue any liquidated damages.  The board will also pay for half of the cost of the thawing equipment that was agreed upon.  GMS, Inc. made a point to let the board know that Jim Noble, Inc. did the best work they had ever seen.  There is another packet before the board tonight which pertains to holding a public hearing on the end of the sewer project which will be held on Monday, July 9, 2012.  The packet also pertains to all change orders and to make sure all change orders were done completely prior to paying Jim Noble, Inc.  The newest packet is for final payout for the sewer project and funds will be electronically transferred into the Sewer Account.  E. Ballard volunteered to review the packet in detail to make sure everything is in order.  Discussion was held regarding a public notice that appeared in the Clear Creek Courant in the June 6, 2012 issue about the Haskin's Quiet Title Action.  It is unknown what actions should be taken about this and it was suggested the town attorney be contacted about this matter. 

 

 

RESOLUTION OF ENCROACHMENTS – BRIEF ON PROGRESS (IF AVAILABLE)

Mayor Lyssy has sent information to the town attorney and is waiting to hear from her.  No further progress has been made and should be handled in a diplomatic way when the time comes.

 

Information & Update Agenda

 

Updates from the following areas, if any, will be presented:

 

REPORT OF THE MAYOR

Discussion was held at the last meeting about the unattractive green netting that CDOT installed along the entrance ramp from Silver Plume onto I-70.  Mayor Lyssy wrote a letter to Tony Devito from CDOT asking that the netting be replaced with something more attractive.  E. Ballard suggested sending a copy of the letter to Cindy Neely and Mayor Lyssy will include a handwritten personal note on the bottom of the letter.  CDOTsends out updates on work on the frontage road and the board would like that information to be posted at Small Town Hall to keep the public informed.  It was again discussed that freeze plugs and washers should be ordered by J. Candlin to keep on hand and provide to residents.  Lee Berenato, former mayor, gave Mayor Lyssy paperwork regarding a water rights lawsuit that the county is handling for the town.  Mayor Lyssy has not had time to review it but will call the county as well as the town's water attorney to find out the status of the lawsuit.  Lee Berenato received the information because he was the last known mayor the water attorney had a contact for.  Mayor Lyssy discussed electronic voting by email for out of town board members to utilize and the town attorney is looking into it.  He also mentioned to the town attorney that the town will be renewing its franchise fee with EXEL Energy.  The town attorney will review the franchise fee in the fall. 

 

FIRE CODE

Discussion was held regarding the town developing a Fire Code/Fire Ban.  Language will be developed and a poster will be made to be posted in a public place. 

Osborne made a motion to adopt the county fireworks and fire ban ordinance into the Town of Silver Plume's town code to be effective June 25, 2012.   Best seconded and the motion passed with 4 yea votes and 1 nay vote.

The board discussed adopting a newer Uniform Building Code and that John Fitzgerald should be included in this discussion.

 

WATER UPDATE

None.

 

SEWER COMMITTEE

There will be a meeting held on July 11, 2012 and Mayor Lyssy will provide budget numbers to Earl Ballard prior to the meeting.

 

I-70 COALITION

None.

 

DRCOG

The meeting will be held this week.

 

LOOP PARK COMMITTEE

None.

 

PARK COMMITTEE

E. Ballard has been working with Janine Weeds and J. Candlin regarding park money.  Research needs to be done to see if Conservation Trust Money can be used to hire someone to clean the bathrooms at the park and upkeep and maintenance and how much money is in the account.  Money from the Conservation Trust Fund has been deposited

into the park account to cover the arrears from years past.  The current Park Committee needs to be disbanded and a new Maintenance Committee needs to be formed as the objectives of the Park Committee have been fulfilled.  The board asked that J. Candlin put up a sign asking for volunteers for the Park Maintenance Committee and C. Osborne agreed to be the board member representative.  Discussion was held regarding where to put the trash from the park and that there is a dumpster in the maintenance shop that could be utilized. 

 

STAFF FOLLOW-UP 

None.

 

OTHER

Purchasing park benches for the front of Small Town Hall was discussed and that perhaps funds from the Conservation Trust Fund could be used.

 

APPROVAL OF MINUTES

Osborne made a motion to approve the minutes of June 11, 2012.  Shafer seconded and the motion passed unanimously.

J. Best discussed that J. Candlin does not include some points in the minutes and it was discussed that she sends out the draft minutes to the board members asking them to review the minutes and include and/or delete portions of the minutes or change the wording.  Mayor Lyssy said he encourages this practice.

 

Executive Session

 

RECEIVE COUNSEL RE: ONGOING TOWN LEGAL ISSUES

 

There was no Executive Session.

 

The meeting was adjourned at 9:45 p.m.

 

Respectfully submitted:  Jodi Candlin, Town Clerk


TOWN OF SILVER PLUME

BOARD OF TRUSTEES

RECORD OF PROCEEDINGS

JULY 9, 2012

 

The Silver Plume Board of Trustees met on Monday, July 9, 2012, at its regularly scheduled meeting at the Small Town Hall.  Mayor Lyssy called the meeting to order at 7:10 p.m.

The following roll was recorded:

Fred Lyssy                  present

Earl Ballard             present

Jeff Best          present 

Curt Osborne                  present

Eben Mond                    present

Nicholas Regester          present

Scott Shafer                    present


Others present:  Kristen McCully, Ted Parker, Rodger and Kathy Harris, Charles Schwab, John Volk, Gebhard Buggel and Staff Jodi Candlin.

 
AGENDA APPROVAL

Ballard made a motion to approve the agenda.  Best seconded and the motion passed unanimously.

 

Action Agenda

 

BILLS LIST

Osborne made a motion to approve the bills list.  Ballard seconded and the motion passed unanimously. 

 

PUBLIC COMMENT

Ted Parker thanked the board and J. Candlin for making meter parts available.  He and J. Candlin found freeze plugs and washers in Small Town Hall and he wanted the board to know that he is available to help anyone who needs help with the meters.  He was able to fix Verona Zimmerman's meter.  Gebhard Buggel spoke to the board about his concerns regarding the property located directly west of his at 1040 Madison St.  It is his understanding the town may do something about the property and he is in support of something being done since the property is less than one foot from his. He believes the property is dangerous and encourages the town to do something about 1040 Madison St.  Mayor Lyssy let G. Buggel know he appreciates him bringing his concern to the board and will be addressing this issue later in the meeting.  G. Buggel also spoke to the board about his property located behind the Plume Saloon and the vagrants that are parking on his property there.  Mark and Joey, who now live at the Plume, are fixing and cleaning up the Plume Saloon property and he really appreciates their efforts.  He would like to put up a fence to enclose his property but the fence would be located on the property the Plume uses and he does not want to annoy the neighbors but at the same time he wants to protect his property.  He would make the fence tasteful and would like to put up a picket fence but he is concerned that with the type of people who live in R.V.'s behind the Plume, they may find the fence offensive and might try to tear it down.  He is asking the board for advice on how to proceed.  E. Mond suggested lining the fence with large rocks to make it stronger or use a steel frame fence.  He feels that any fence can be temporary and can be improved. 

 

APPROVAL OF 2012 WATER TREATMENT PLANT CONTRACT WITH WATER QUALITY CONTROL PROFESSIONALS – JOHN VOLK

Mayor Lyssy shared the comments the board made at the last meeting with John Volk.  The contract is up for renewal and this is the second year with J. Volk under his new company.  The contract is being renewed as written last year and is the same but the hourly rates have been increased.  J. Volk has never charged the town for call out's and does extra work for the town at no charge.  All other prices are the same as last year.  The annual Consumer Confidence Report was emailed to the board and posted at the Post Office as well as at Small Town Hall.  Best management practices are being upheld as J. Volk is an important vendor to the town.  The board is happy with J. Volk and his service and feels he has done a great job taking care of the town's water plant and water system.

Ballard made a motion to approve the 2012 contract with Water Quality Control Professionals for one year.  Shafer seconded and the motion passed with N. Regester abstaining due to not reading the contract. 

The board thanked J. Volk for the water plant tour held prior to the last meeting as well as for the good work he does.

 

PUBLIC HEARING/PUBLIC COMMENT REGARDING SEWER I&I PROJECT

Mayor Lyssy opened the public hearing and requested public comments regarding the Sewer I & I Project which must be held since the town received federal funds to help pay for the project.  The board discussed that R. Gaubatz had worked on Garfield St. grading and graveling it when he returned from fighting fires.  He has acknowledged that he will work on J. Haskin's property and that as far as he is concerned, the contract with Jim Noble, Inc. is complete and he will work on items that have been left to him as part of an exchange made with Jim Noble, Inc.  There have been two issues that have cropped up after the last rainstorm and they are a sinkhole at the end of the Tregay St. pedestrian bridge and when the three manholes were installed on Tregay St., the existing culvert was interfered with and there are now drainage problems.  During the last rainfall water was running onto E. Ballard's front porch.  There was also a large puddle in front of Sarah Walen's house.  C. Osborne wondered if this was on R. Gaubatz' list but Mayor Lyssy said these were not as they had just surfaced due to the recent rainstorm.  The board also discussed the dry well that is near the intersection of Main and Garfield St.  There was a cap on it but now the cap is missing and the board would like a locked cap to be installed.  E. Mond discussed that there was a culvert between his and Wayne Waddington's house and asked if it might be replaced.  E. Ballard said this was not part of the sewer project and there was no money left from the project anyhow.  N. Regester discussed that consequences from the sewer project need to be determined.  The board would like to speak to R. Gaubatz and ask him to work on prioritizing his work list.  The list that needs to be worked on and prioritized is can he fix the sinkhole at the end of the Tregay St. pedestrian bridge, does a new culvert need to be installed in Tregay St. or does a ditch need to be dug instead.  It was decided that E. Ballard will meet with R. Gaubatz and get his input on what was discussed tonight, find out if he can complete the projects or if Jim Noble, Inc. needs to fix them.  Input from all sources needs to be considered.  S. Shafer then discussed when R. Gaubatz would do the zinc testing and Mayor Lyssy said the next Sewer Commission meeting had been postponed until the end of July so there is still time to complete this prior to the next meeting.  There were no further public comments and Mayor Lyssy hereby formally closed the public meeting. 

 

Information Briefing – Reports

 

REPORT ON RESEARCH PROGRESS FOR REVENUES FROM RAILROAD (OSBORNE)

There is no further reporting on this agenda item; this needs to be taken off the agenda and an action plan formed. 

 

REPORT ON PROGRESS ON NEW ORDINANCES – NOISE, WATERSHED PROTECTION (ALL)

No work has been done on new ordinances.  E. Mond asked if the watershed protection ordinance had anything to do with the cease and desist order that the state imposed on the pellet mill.  Mayor Lyssy said the order does not involve the town and it is between the state and the pellet mill and not the town's place to get involved.  This is not the town's business nor is it a board discussion. 

 

SEWER PROJECT UPDATE (IF ANY)

An administrative packet from GMS, Inc. was on the agenda and requires the mayor to sign off on the certificate of substantial completion for the sewer project.

 

RESOLUTION OF ENCROACHMENTS – BRIEF ON PROGRESS (IF AVAILABLE)

Mayor Lyssy asked advice from Barbara Green but thinks this may have fallen off her radar screen and will contact her again.  She responded quickly initially and cautioned the town to move carefully and cautiously.  Mayor Lyssy said the public notice that appeared in the last Clear Creek Courant issue regarding the Haskin's Quiet Title action will not be contested by the town. 

 

Information & Update Agenda

 

Updates from the following areas, if any, will be presented:

 

REPORT OF THE MAYOR

It is up to the town to protect the health, safety and welfare of the residents in regard to the property at 1040 Madison.  It was discussed that J. Best spoke to Fire Chief Kelly Babeon about this property and that he was already aware of it and feels it is a fire hazard.  The board discussed that a site visit needs to be made with Fire Chief Babeon; the county health department needs to be contacted to see if they can help condemn the property due to rodents, vector, etc; and that the town's building official needs to be involved.  Information needs to be gathered and documented and then presented to the property owner.  A list of what needs to be done needs to be given to the property owner along with a deadline and consequences of what will happen if the owner does not comply (a lien filed and a remediation company to clean up the property that the owner must pay).  N. Regester wondered if the town was setting a precedent and that he was not in favor of tearing the building down because most buildings in town were built as temporary shelter and were meant to eventually fall down.  S. Shafer said he was not in favor of tearing the building down but cleaning it up.  Mayor Lyssy said it is not his intention to tear the building down but to get it cleaned up.  Mayor Lyssy said the town's water attorney, Julia Robertson, had submitted the proper paperwork regarding the town and county's water rights.  The county is taking action to protect the water rights and the town does not need to do anything.  A letter was mailed to Tony Devito at CDOT letting him know that the green netting fence on the I-70 westbound entrance ramp from town is not acceptable.  At the Mayor's/Board of County Commissioners meeting, a rep from CDOT was in attendance and this issue came up.  The rep will look at the netting and let Mayor Lyssy know that CDOT has to follow federal rules.  Apparently the green netting was taken down earlier in the day but replaced with orange netting which is still not acceptable.  Mayor Lyssy reported that the zip line along I-70 located between Dumont and Fall River is apparently causing congestion due to curiosity slowing.  There will be a joint meeting with the sheriff to get rapport going between the town and the sheriff's department.  Illegal actions in town need to have recourse and the sheriff's department can help the town with this.  This meeting will be held sometime in August at the sheriff's office.  KGOAT is asking all municipalities to write a letter to the FCC asking them not to deny KGOAT's request for signal strength.  Mayor Lyssy will write a letter on behalf of the town. 

 

WATER UPDATE

None.

 

SEWER COMMITTEE

The next meeting has been postponed to a date to be determined. 

 

I-70 COALITION

The next meeting will be held this Thursday.  N. Regester met with Cindy Neely in order to get background and be brought up to speed on I-70 issues.  The coalition will be discussing turning the coalition into a TMO (Transportation Management Organization) in order to cast votes to prioritize projects and receive funding from CDOT.  The board said they are in favor of this move.  N. Regester will report back at the next meeting.

 

DRCOG

C. Osborne will be attending the meeting this week since Mayor Lyssy will be out of town. 

 

LOOP PARK COMMITTEE

None.

 

PARK COMMITTEE

The current Park Committee needs to be disbanded and a new one formed to deal with maintenance issues.  J. Candlin drafted a document asking for members for a new park committee and asked the board for comments.  C. Osborne is still willing to serve on this committee. 

 

UCCWA

A meeting will be held this week and R. Gaubatz will attend as the alternate member.

 

STAFF FOLLOW-UP 

It was brought to J. Candlin's attention that the jail door has two bars missing.  She made a site visit but determined that she is unable to do anything about it so S. Shafer will look at it and will either fix it or report back to the board on how it needs to be fixed.


OTHER

Nick Regester discussed that he is interested in presenting a discussion on Eco-Tourism to the board and asked that it be put on the next agenda.

 

APPROVAL OF MINUTES

The minutes were deferred to the next meeting as J. Candlin needs to forward them to the board with the changes that C. Osborne made.

 

Executive Session

 

RECEIVE COUNSEL RE: ONGOING TOWN LEGAL ISSUES

 

The board adjourned the regular meeting of the Board of Trustees and convened into Executive Session.

 

The board adjourned Executive Session.

 

The meeting was adjourned at 9:45 p.m.

 

Respectfully submitted:   

Jodi Candlin,  Town Clerk




 


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