Monday, April 1, 2013




JANUARY 14, 2013


The Silver Plume Board of Trustees met on Monday, January 14, 2013, 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                   present

Nicholas Regester         excused

Scott Shafer                   present


Others present:  Dave Fritz and staff Jodi Candlin.



Best made a motion to approve the bills list except for the bill from PALL Corporation until it has been verified by John Volk.  Mond seconded and the motion passed unanimously. 

Discussion followed regarding the bill from the auditor and that is was a reasonable cost for converting cash books to accrual books.  The town signed a 3 year contract with Dazzio and Plutt and this is the 2nd year; the cost of the audit is $4000.



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






Mayor Lyssy and Pro-Tem Mayor Ballard met with Barbara Green, the town attorney, about several different town issues.  She recommends adopting the street ordinance as soon as possible and Mayor Lyssy gave her rough language of the ordinance but has not heard back from her regarding the language.  She did recommend putting in a waiver if someone wishes to use the streets beyond their use and have an application created that will cost $10,000 to address engineering and other pertinent issues.  She also said that a 1041 Ordinance is for matters of state interest and will not help protect Silver Plume. 


The only way it would help us is if CDOT revises Exit 226 but CDOT would work with the town on this matter anyhow.  B. Green recommends that the town adopt a Watershed Ordinance which will draw a 5 mile circle from our water intake source and that any development activity that could potentially effect the town must be approved by the town.  She has recently developed an ordinance for Crested Butte and had her assistant tailor it for Silver Plume's needs.  B. Green discussed that the town has the right, as adjacent property owners, to impose itself on any decisions that may affect us on any activity that is located on any adjacent properties.  She suggested working with the county to draft an Intergovernmental Agreement with them for a 3 mile circle for planning interests.  Mayor Lyssy sent the IGA to the county attorney, Bob Loeffler, but he said he was not sure that the IGA does anything the county is not already doing.  Mayor Lyssy believes that this still needs to be done and will bring this up at the next Mayors/Commissioners meeting.   She also suggested continuing to work with the Division of Rehab and Mining Services for any mining activity around town but not to put anything on the agenda regarding mining unless the board is going to act on it.  She also suggested talking to the EPA regarding state and federal statutes dealing with hazardous materials but this is not an issue now. The mining tailings are fine where they are now but if they are deposited somewhere else there will be an issue. She spoke about the potential election for raising the mil levy to pay for the town's municipal revenues for the fire authority and that the town should move forward but not to put anything else on the ballot because it might confuse issues.  Mayor Lyssy spoke to her about tinctures which are alcohol based and she discussed that ethanol products don't require a liquor license; they are considered manufacturing and the town's zoning ordinance allows manufacturing in commercial areas.  B. Green endorses preparing a new town land use ordinance but not the master plan.  She also feels that the town should combine its zoning and planning boards into one board because the town only has residential and commercial zoning.  She suggested writing the land use ordinance in English and not legalese.  Mayor Lyssy has contacted DOLA about getting a grant to write the new ordinance.  The last item Mayor Lyssy discussed is that he sent Coors a letter regarding potential mining and water quality.  The pellet mill and transfer station do not deal in metals so they did not get the same kind of letter during their process.  R. Gaubatz left an HUTF report with Mayor Lyssy and indicated to him that since the pellet mill is using Burleigh Street, our HUTF funds have been reduced.  Mayor Lyssy will look into this further as he just received the report tonight.



The board held the first reading of the Sidewalk Ordinance which Mayor Lyssy got from the City of Idaho Springs.  Some points that were discussed were this ordinance gives the Public Works Director lots of responsibility, the town does not want to change any of its 
street names, the streets must be easily accessible to emergency vehicles, street parking, properly registered vehicles are only allowed on streets, encroachment issues, long term storage, sidewalk cleanliness and enforcement.  The board made several changes at this reading and Mayor Lyssy asked that Jodi Candlin post the ordinance on the town's website saying it is an ordinance being considered by the board.  The ordinance will have its second reading at the next meeting on January 28, 2013.  If this ordinance passes, the town must be prepared to follow through.  
The board held its first reading of the Watershed Ordinance which draws a 5 mile circle from the town's water intake source and that any development activity that could potentially affect the town must be approved by the town.  Also, any development activity that is at an elevation that could affect the town's water table must be approved by the town.  Since this has such technical language, it was decided the board members would read it, see if there are any issues and bring those back to the meeting.  Once changes are made to the ordinance, it will be posted on the website stating it is being considered by the board.  




Mayor Lyssy reported that UCCWA and EDC are monitoring websites for any potential mining activity.  There are ongoing activities with EDC but none affects Silver Plume.  The Twin Tunnels project has many businesses in the county concerned due to the impact this project will cause.  DRCOG is later this week.  E. Ballard reported that the Sewer Committee will not meet in January but work is ongoing with collection of data.  The park maintenance job should be put out for bid when the time comes.   


            STAFF REPORTS 





C. Osborne is taking the lead on this agreement and is frustrated that the employees at the pellet mill are grinding so late at night.  The agreement should be modeled after the Transfer Station agreement and stipulations that appear in all board meeting minutes need to be included.  A meeting should be set up with Rosalie Bianco to discuss formalizing an agreement and that the agreement will not only protect the town and its residents but her as well.  E. Mond would like facts such as the decibel levels during grinding and before 
and after, if the sawdust is hazardous and if the fungus in beetle-kill trees is hazardous. He also discussed that heavy equipment gets moved at night and it is very loud.  The quality of health, safety and welfare needs to be considered for the town.  The board discussed that the minutes need to be reviewed and document what the pellet mill owner agreed to, put in "wish list" items and conflict resolution.  



            APPROVAL OF MINUTES 12/10/12

Ballard made a motion to approve the minutes from December 10, 2012.  Mond seconded and the motion passed unanimously. 



The meeting adjourned at 9:45 p.m.


Respectfully submitted: 


Jodi Candlin, Town Clerk




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