Monday, April 1, 2013





MARCH 11, 2013


The Silver Plume Board of Trustees met on Monday, March 11, 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               excused

Eben Mond                   excused

Nicholas Regester         present

Scott Shafer                   excused


Others present:  Brady Becker, Shae Whitney, Judy and Rick Caldwell, John Busenitz and staff Jodi Candlin.



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



Ballard made a motion to approve the agenda with the addition of Rick Caldwell discussing the land use ordinance after the approval of the liquor license for the Sopp and Truscott Bakery.  Best seconded and the motion passed unanimously.



Judy Caldwell appeared before the board on behalf of People for Silver Plume (PFSP) to update the board on a grant they have received to put a new roof on the George Rowe Museum.  Tim McDonough has submitted a proposal and estimated budget for the project; the proposal includes installing a new roof, gutters, eaves and downspout repair at an estimated cost of $113,275.  PFSP has applied for a grant in the amount of $84,956 and a cash match of $28,319.  PFSP has $26,000 cash on hand and will need to do some fundraising to raise the rest of the money.  The grant is due in April and will be awarded August 1, 2013.  If PFSP receives the grant, they will not be able to start the project until Spring/Summer of 2014.  J. Caldwell discussed that PFSP is looking at two types of shingles and John Busenitz, expert roofer, recommended they go with the Davina Wood Shake due to its solid reputation.  PFSP is applying for the grant but as the owner of the building, the town must sign the grant application.  J. Caldwell will be back


before the board at the next meeting with firm costs for the roofing project and to have the town sign the grant application. 



Mayor Lyssy reported that the sewer grant in the amount of $41,000 has been approved and the town should be receiving the grant paperwork in the near future. 




Brady Becker and Shae Whitney, new owners of the Sopp and Truscott Bakery, appeared before the board for approval of their tavern liquor license.  Under the tavern liquor license, they are allowed to sell beer, wine and spirits.  They will be serving soup, sandwiches, breads and cookies as well as homemade bitters.  The liquor license is concurrent with the bakery.  The business has ample parking; they have spoken to their neighbors, Tim Hamid and Casey Day, who have no objection to their liquor license.  They will be serving beverages on the outside deck and will possibly be playing music outside via a boom box but are sensitive to their neighbors and will not annoy them with loud music.  J. Busenitz, neighbor of the bakery, discussed that the corner of Daily and Madison St. is tight and he would recommend no parking there.  Mayor Lyssy discussed that the board's actions are subject to criticism from their constituents and as a liquor license holder for his restaurant/bar in LoDo, he had to get signatures from the neighbors with their ok and a written agreement with the LoDo Neighborhood Association that the restaurant would respect that it is located in a residential neighborhood.  E. Ballard discussed that since B. Becker and S. Whitney had already checked with their neighbors, he felt they were already complying with their neighbors.  E. Ballard discussed that the vast majority of people are in support of this endeavor and N. Regester felt the board should stray from a written agreement regarding the music outside.  The board did not desire to have a written agreement regarding music outside but asked that the owners seek approval from their neighbors for any special events they may have.
Ballard made a motion to approve the tavern liquor license for the Sopp and Truscott Bakery.  Regester seconded and the motion passed unanimously with the following roll call:
Lyssy – aye
Ballard – aye
Best – aye
Regester – aye
Mayor Lyssy discussed that the bakery is an institution and that people from all over know about the bakery.  E. Ballard discussed that the owners should let the train know they are the new owners and that perhaps the train would recommend them to their 
visitors. B. Becker said the building was in disrepair and they were spending a lot of time fixing the plumbing and the building and they hope to be open by April.  
Rick Caldwell appeared before the board to discuss the town's land use ordinance which needs to be updated.  The board can apply for a grant through DOLA but the town must provide a match; however, Barbara Green, the town's attorney, feels that DOLA will accept her legal work as the match.  R. Caldwell is willing to activate his lawyer's license in order for the town to use his services as an in-kind match as well.  He will bill the town anywhere from $200 to $365 for one hour of his time which will set the rate for his implied rate to be used as the in-kind match.  He and B. Green recommend that the Zoning Board and Planning Commission consolidate into one board and that the Board of Trustees act as the Board of Appeals and Adjustments as long as it is clear they are wearing this different hat.  They will hear appeals for building permits, variances and use by right.  Since there will only be two boards, they will have more responsibility and will have to meet more.  The town's current land use ordinance must be made the top priority. It appears that problems lie in the Mining District and not so much in the Residential and Business Districts.  For a minimum charge, B. Green can provide a model of performance standards and application standards which the town can use as its boilerplate.  Performance standards need to be defined in the Mining District and there must be a formal application process that addresses air and water quality, noise, safety and fire standards to name a few.  Consultants must be hired on behalf of the town for their expertise at the expense of the applicants.  The board should focus on what should be in the land use ordinance and needs to be prepared for future endeavors.  Mayor Lyssy will email B. Green to get this process started.  
Both readings of the street ordinance have been completed at the prior two meetings and the ordinance is ready for approval at tonight's meeting.  N. Regester re-read the ordinance and does not like the language regarding the $150 application processing fee for oversize delivery trucks.  He feels that this puts a burden on people who may want to start a business in town and since they already pay sales tax, he does not feel this is appropriate.  E. Ballard discussed that this application processing fee is a way to protect the town but sees the point of not overburdening businesses.  Mayor Lyssy discussed that this is a way to protect the town and potential damage to the town's infrastructure.  This is a way for the town to be protected from unforeseen circumstances and feels that the fee in conjunction with the permitting process is normal.  Large trucks do the most damage to 
the town's infrastructure and that passing that cost along to businesses is appropriate.  N. Regester would like to take more time to work on this language and come up with something that is pleasing to all.
Best made a motion to table approval of the Street Ordinance to the next agenda.  Ballard seconded and the motion passed with Lyssy abstaining.  
J. Best has gone over the Watershed Ordinance in great detail and nothing in the language supersedes what the county already has in place.  Mayor Lyssy spoke to Rick Gaubatz prior to the meeting about approval of the Watershed Ordinance at tonight's meeting and he had completed his research.
Ballard made a motion to approve the Watershed Ordinance.  Best seconded and the motion passed unanimously.
               APPROVAL OF SLACKER RACE – JUNE 22, 2013
The Slacker Race will follow the same route is it did last year and Beth Luther, Coordinator, is asking for the town's permission and approval to start the second route of the race at the Clear Creek Bridge just inside the town limits on the frontage road.  Trash pickup and port-a-potties will be at this site and signage will be put up the night before the race.
Ballard made a motion to approve the Slacker Race on June 22, 2013.  Regester seconded and the motion passed unanimously.


The board reviewed various options to determine the best direction to proceed to acquire the path. 



Municipalities need to make a decision on accepting, prohibiting or a imposing a  moratorium on Amendment 64 by July 1, 2013.  If the town prohibits Amendment 64, its citizens have the option of putting it on the ballot for the November, 2013 election.  N. Regester likes this idea because it lets the citizens decide what they want to do.  E. Ballard discussed that the town has no police for protection and monitoring.  There is crime associated with marijuana based businesses and according to Idaho Springs Mayor Jack Morgan, it costs more to patrol these types of businesses than what the city is collecting in sales tax revenues.  He likes the idea of a moratorium because the town does not have the infrastructure to support these businesses.  The board reviewed

documentation from the Colorado Municipal League that Mayor Lyssy provided.  The board asked that this item appear on the next agenda. 



The town has been encouraged by a county staffer to adopt a 1041 Ordinance and Barbara Green has always encouraged the town to adopt it.  She has advised the town to get the 1041 Ordinance from Idaho Springs and Clear Creek County.  She can revise it and simplify it as inexpensively as she can. 



This was previously covered under the Mayor's Report.



Ron and Cheryl Kidder and Terry Wehnes' service lines have frozen; according to the town's ordinance, the service line is the property owners' responsibility.  T. Wehnes maintained that his service line froze and broke due to the "shoddy" work the contractors performed when they installed water lines in 2005 and that the lines were not buried deep enough which caused his line to freeze.  He also believes the workmanship was shoddy because a rubber saddle was put in the main lines to prevent a welder from causing a fire when trying to thaw the lines.  However, when a welder tried to thaw the Kidder's frozen water line, the neighbor to the west reported that his dryer vent caught on fire due to this practice.  The board discussed that the work was not "shoddy", the lines are buried 6 to 8 feet deep and that the service line is the property owners' responsibility. 




N. Regester reported that the rent money from the fire chief living in the Silver Plume Firehouse goes back to the Fire Authority budget.  The board feels they should get credit for their municipal revenue payments for this and do not have a problem with the fire chief living there. 








The Sewer Committee will meet this Wednesday and E. Ballard will not be able to attend but J. Best and Mayor Lyssy will attend.





            STAFF REPORTS 

Jodi Candlin reported the town's bills from XCEL are not exempted and the town is paying into the franchise fee, Preston Gibson from XCEL will be attending the March 25, 2013 meeting to discuss the franchise agreement, the franchise agreement was emailed to Barbara Green as requested by the board on Wednesday, February 27 but she has not heard back from her.  She also reported that she had looked through Ordinance 201 and the Master Plan regarding Rick Gaubatz' comments about the bakery and its change of use having to be reviewed by the Board of Adjustments and Appeals and this language did not exist.   


            WORK SESSION






Best made a motion to approve the minutes of February 25, 2013.  Ballard seconded and the motion passed with N. Regester abstaining. 



The meeting adjourned at 10:15 p.m.


Respectfully submitted:  Jodi Candlin, Town Clerk

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