Wednesday, November 28, 2012




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.


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

Action Agenda



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



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. 



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.



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



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



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. 



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.



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:



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'sdepartment 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. 






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



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.



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






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. 



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



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.



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.



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




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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