Monday, April 1, 2013




FEBRUARY 25, 2013


The Silver Plume Board of Trustees met on Monday, February 25, 2013, at its regularly scheduled meeting at the Small Town Hall.  Mayor Lyssy called the meeting to order at 7:00 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:  Cindy Neely and staff Jodi Candlin.



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



Ballard made a motion to approve the agenda adding Cindy Neely – I-70 Update – after Public Comment.  Mond seconded and the motion passed unanimously.






Mayor Lyssy noted that Cindy Neely is a very valuable resource for not only Silver Plume, but for Clear Creek County as well.  She has advised and helped Silver Plume numerous times over the past several years.  She appeared before the board to discuss I-70 activities;  she works half for the town and half for Clear Creek County in negotiations with CDOT.  Nick Regester is the town's I-70 representative and she commended him for the good job he does representing the town with his participation, questions and comments.  CDOT and the Federal Highway Administration (FHA) signed a record of decision for the I-70 Corridor.  Legislation was passed that increased everyone's license plate fees which created an enterprise fund for CDOT to be used for highway improvements.  This also allowed them the power of eminent domain for tolling initiatives.  The I-70 Corridor could be tolled from C470 to Vail.  However, existing lanes cannot be tolled so new ones would need to be created.  Toll roads must be private so CDOT has spoken to corporations and a proposal to an enterprise group has been made based on a traffic study to toll C470 to Silverthorne.  In CDOT's view, this is worth considering so the proposal has also gone out to other firms for bid and one firm has put in a counterproposal.  Three additional lanes are being considered in addition to the existing highway with the lanes being reversible depending on traffic volume.  This counterproposal is the Parson's proposal and is on the CDOT website.  A revenue and traffic study will be done to see if this proposal is feasible.  This will require more ROW in Idaho Springs, Georgetown and Silver Plume and does not fit into the Record of Decision.  If this proposal is accepted, then the Record of Decision must be changed.  C. Neely is therefore proposing that the town put into place a 1041 Ordinance as Silver Plume is in a National Historic Landmark District and anything that CDOT does in this district must be considered by the town.  Idaho Springs adopted a 1041 Ordinance which required CDOT to apply for permits through them for the Twin Tunnels project.  Silver Plume's town attorney created the 1041 Ordinance so the town should look to her for guidance.  C. Osborne then discussed with C. Neely the town becoming a certified local government.  She has recommended this for several years and is glad the town is working on this.  Paperwork must be filled out and then submitted to Dan Corson at the State Archeology's office.  Being a certified local government will allow the town more access to non-matching grants and is a form of ordinance to govern preservation of town structures.  Anytime a state or federal agency applies for permits for work to be done in our jurisdiction, they must seek the town's opinion.  C. Osborne will draft the CLG application and outline the town's steps and process.  C. Neely also recommends the town adopt its Watershed Ordinance as soon as possible as another protective device as it will encompass the highway.  Mayor Lyssy will speak to the town's attorney about the 1041 Ordinance to get the process started.



Mayor Lyssy reported that he drafted a letter to send to people whose meters are not working properly.  R. Gaubatz and J. Candlin will work on this project to identify those with non-working meters.  Mayor Lyssy has not heard from Dana Abrahamson regarding the value of Sarah Franklin's path. 



Tonight's meeting constitutes the second reading of the Street Ordinance.  It is consistent with state highway limits and changes and additions to the ordinance were made at the last meeting.  This item will be on the next agenda for approval.  


The first and second reading of the Watershed Ordinance has been completed and is ready for approval.  However, R. Gaubatz spoke to Jeff Best over the weekend and asked that he make a motion to table approval of the ordinance to the next agenda.  He would like to compare it with Clear Creek County's ordinance although J. Best found out the county does not have one because they do not have a county- wide water source.  R. Gaubatz feels that the town is not capable of complying with the ordinance and wants to see what the county already covers in this aspect.  He feels that the ordinance does not address CDOT and the United States Forest Service.  Mayor Lyssy discussed that he is not willing to toss the ordinance out after all the money the town has spent on legal fees having this prepared by the town attorney.  C. Osborne discussed that Clear Creek County seems reluctant to enforce ordinances in a home rule town and does not feel they will protect the town's Watershed Ordinance.  Mayor Lyssy asked that R. Gaubatz research his questions with the county and unless there is a huge conflict, feels the town should adopt the ordinance.
Osborne made a motion to table this item to the next agenda.  Best seconded and the motion passed unanimously.  
The town's franchise agreement with XCEL expires in 2013 and the language used in the current agreement needs to be updated.  The board asked that J. Candlin send the agreement to Barbara Green for her guidance and invite Preston Gibson from XCEL to one of the meetings to facilitate the agreement.  



Mayor Lyssy attended the meeting and a trend with heavy metals across the county's watershed was discussed as well as the high amount of zinc in Silver Plume. 






E. Ballard discussed that a delegation of Georgetown restaurant people attended the meeting to discuss that the EQR system is not fair to them; Silver Plume's high level of zinc was discussed although the town's sewer I&I project cut it down as well as inflow into Georgetown's sewer plant.  Silver Plume has applied for a grant to finish cleaning the sewer lines and videoing the lines at the west end to see where the rest of the inflow is coming from. Georgetown is also applying for a grant to improve their flows into the lake as there is low water discharge.  There is a third grant in motion and that is a fifteen

thousand dollar grant to allow Frachetti Engineering to do a feasibility study for sewer sludge and composting in the county.  At this time, the sludge is trucked out of the county at a huge cost and if the sludge could be composted in the county, that cost would be cut down significantly.  E. Ballard discussed a zinc flow report prepared by Georgetown that he reviewed and asked R. Gaubatz to review as well.  The report has different flows each month and is hard to understand.  R. Gaubatz will test for zinc once the ground thaws which will be in May or June. 



J. Best asked why R. Gaubatz did not plow all of Tregay St. and he discussed that there were too many cars on the street and he could not navigate the plow truck the whole distance.  J. Best discussed that he can still hear water flowing under his house and R. Gaubatz said this spring he will televise that line to locate the source.  The new owners of the bakery have been working on the building and fixing the frozen water and sewer lines.  They have applied for a liquor license which will be on the next agenda.  R. Gaubatz discussed that this is a change in use and they must come before the Board of Adjustment with a parking plan and "other things".  Discussion was also had regarding Amendment 64 and will the town allow the sale of recreational marijuana.  When dispensaries were first approved by the state, the town put a moratorium on dispensaries and grow houses because of increased traffic, crime and the inability to regulate and enforce these types of businesses. 


            WORK SESSION





            APPROVAL OF MINUTES 1/28/13

Ballard made a motion to approve the minutes of January 28, 2013 with changes.   Best seconded and the motion passed unanimously. 




Ballard made a motion to approve the minutes of February 11, 2013 with changes.  Best seconded and the motion passed unanimously.


Discussion of the minutes was held; minutes are only approved by the board and the purpose of the minutes is for accuracy of town proceedings.  Minutes can be viewed by

others' but they can't change them; they can only ask the board or town clerk to consider their changes. 



The meeting adjourned at 9:00 p.m.


Respectfully submitted: 


Jodi Candlin, Town Clerk


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