TOWN OF SILVER PLUME
BOARD OF TRUSTEES
RECORD OF PROCEEDINGS
NOVEMBER 12, 2012
The Silver Plume Board of Trustees met on Monday, November 12, 2012, at its regularly scheduled meeting at the Small Town Hall. Mayor Lyssy called the meeting to order at 7:02 p.m.
The following roll was recorded:
Fred Lyssy present
Earl Ballard present
Jeff Best present
Curt Osborne present
Eben Mond absent
Nicholas Regester excused
Scott Shafer absent
Others present: Dave Fritz, John Volk and staff Jodi Candlin.
Ballard made a motion to approve the agenda with the deletion of the 2011 audit presented by Steve Plutt. Osborne seconded and the motion passed unanimously.
Discussion followed regarding the lateness of the 2011 audit. It was to be presented at the last meeting and at this point it is already past due and the county has been instructed by the state to withhold the town's property taxes until it has been sent to the state auditor's office. S. Plutt is having family problems and the board asked that Mayor Lyssy call him on Tuesday and let him know they are distressed and that the lateness of the audit has caused disruptions to the town. It was discussed that the auditor might offer a discount to the town.
Ballard made a motion to approve the bills list. Osborne seconded and the motion passed unanimously.
Dave Fritz appeared before the board to discuss the mining activity at the top of Silver St. This item is on the agenda at a later time but rather than have D. Fritz wait, it was decided that the item would be discussed under Public Comment. Gary Hopkins left a message at Small Town Hall for Jodi Candlin about the mining property he had purchased and his plans for it. Mayor Lyssy spoke to G. Hopkins who told him that he had purchased approximately 500-600 acres of 122 mining claims including the Diamond Mine and the Pelican and Dives Mine and that he planned to mine the tailings because he thought that there was silver in them. He had a contractor haul away old pipes from the property and build a driveway for better access to the property. He has hired several people, including geologists, and his foreman is Jim Irwin from Leadville. J. Irwin was to be at the meeting tonight but said he would not have any additional information than what Mayor Lyssy was discussing tonight but he has plans to meet with the state this week and would have more information after that. The board asked that he be invited to the next board meeting to discuss his meeting with the state. Part of the property is in the town boundary and the rest is in Clear Creek County. The property in town is not zoned for mining and whatever activities occur on this property impacts the town. Mayor Lyssy discussed that UCCWA and Clear Creek County will be involved in any activity that occurs on this property as well as the town. The 1872 Mining Law is still in place but has restrictions and the board discussed that there are permits that need to be applied for through the state and the county. Dust, stability of the tailings piles and water quality is of great concern.
WATER UPDATE – JOHN VOLK
There was an issue with the water plant at the end of October wherein the pumps were shutting off and then turning back on. J. Volk called the manufacturing company to troubleshoot and it was decided there was a flaw in the software. A new card was sent to J. Volk who inserted it and had the same result. He spoke to tech support who determined that the program was somehow dumped. A tech support person made a site visit and re-downloaded the program which fixed the problem. J. Volk discussed with the board that they should expect a bill between $1,000 to $2,000. He does not feel that the charge for the card is fair and will be calling the company once the town receives the bill. It was discussed that perhaps the pumps were shutting off due to low water. J. Volk said that the infusion gallery may be impacted by the drought but the town could draw out of Clear Creek if needed. He discussed that the old pump should be rebuilt at an approximate cost of $1500 but the board asked that he hold off until next year. The board thanked him for looking out for the interest of the town.
DRAFT 2011 AUDIT – STEVE PLUTT
Deleted from the agenda.
EXPLORATORY ACTIVITY AT TOP OF SILVER ST. DISCUSSION
Although this agenda item was discussed under Public Comment, Fritz Fox and Cinthea Fiss arrived and said they were here for this agenda item. Mayor Lyssy told them that this agenda item was already discussed and that the property owner cannot do anything until he has permission from all agencies. The property is not zoned for mining so there may very well not be any mining activity. F. Fox does not want this property to be ripped up and wants the town to be protected.
CEMETERY PRESERVATION/MAPPING FUNDS
Curt Osborne discussed with the board that there are grant funds to be had to survey and map properties including cemeteries but the town must be a certified local government. The town is not certified as such and there are steps that must be taken in order to be one. The grant funds available for this are not matching grants which is a benefit because it's hard to come up with matching money. The board discussed whether it had the capacity to pursue this as well as wondering if the grant money would be sufficient enough to pursue. C. Osborne is interested in pursuing this and J. Best said he would be available to help. Mayor Lyssy asked that they speak to Cindy Neely about this idea as she may have more information and ideas about whether this is worth pursuing.
2012 AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT RE: CLEAR CREEK FIRE AUTHORITY – SEEK BOARD APPROVAL
This item was discussed at the last meeting but the board asked for more time to review the IGA.
Ballard made a motion to authorize Mayor Lyssy to sign the Clear Creek Fire Authority 2012 amended and restated Intergovernmental Agreement and supply a cover letter restating the town's position. Osborne seconded and the motion passed unanimously.
Discussion followed that the board fully endorses the IGA except for the language that pertains to losing a board seat if unable to pay after one year and three years of non payment equals no longer being a member of the fire authority. However, the board is committed to seeking a mil levy increase through an election to pay for its dues. If the town is not a member of the fire authority then homeowners insurance will most likely increase dramatically. Mayor Lyssy wrote a fact sheet regarding the mil levy increase which discusses that each property owner will pay approximately an additional $45.00 for every $100,000 of home value per year. Some changes and additions were made to the fact sheet and Mayor Lyssy will send it to the town attorney for her review. It was discussed that J. Best is still on the board of the Clear Creek Fire Authority until 2013 at which time he is not able to be on the board because he is on the fire department and that creates a conflict of interest regarding the fire chief.
RESOLUTION 2012-07 – RESOLUTION TO APPOINT TOWN OF SILVER PLUME BOARD OF ADJUSTMENT AND APPEALS, TOWN ZONING BOARD, AND PLANNING COMMISSION MEMBERS
This was on a prior agenda and Mayor Lyssy sent it to the town attorney for her review and she has made changes to it. The town attorney does not feel that the town needs a Zoning Board and Planning Commission but that is for future discussion when the town redoes its zoning ordinance.
Ballard made a motion to accept Resolution 2012-07 to appoint the Town of Silver Plume's Board of Adjustment and Appeals, Zoning Board and Planning Commission members. Osborne seconded and the motion passed unanimously.
FIRST READING OF THE 2013 BUDGET
Mayor Lyssy prepared the draft 2013 budget and reviewed it with the board. There are still more items that need to be addressed and it was decided to have a work session on Monday, November 19, 2012 at 6:00 p.m. Mayor Lyssy asked that J. Candlin prepare a public notice to be published in the Clear Creek Courant in the November 21, 2012 edition.
Information Briefing – Reports
Information & Update Agenda
Updates from the following areas, if any, will be presented:
REPORT OF THE MAYOR
Mayor Lyssy said Ed Rapp has retired from UCCWA and that there are three watershed ongoing studies. E. Ballard asked if Mayor Lyssy could speak to his EPA contact about the samples they took from the Burleigh Tunnel this past summer.
Covered earlier by John Volk.
The next meeting will be Wednesday, November 21, 2012, 9:00 a.m. at Georgetown Town Hall.
LOOP PARK COMMITTEE
R. Gaubatz will install a new culvert on Tregay St. next spring.
APPROVAL OF MINUTES
Osborne made a motion to approve the minutes of October 22, 2012. Best seconded and the motion passed unanimously.
RECEIVE COUNSEL RE: ONGOING TOWN LEGAL ISSUES
The meeting adjourned at 10:00 p.m.
Jodi Candlin, Town Clerk