Monday, July 8, 2013





TOWN OF SILVER PLUME
BOARD OF TRUSTEES
RECORD OF PROCEEDINGS
MARCH 25, 2013

The Silver Plume Board of Trustees met on Monday, March 25, 2013, 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         excused
Scott Shafer                   present

Others present:  Preston Gibson from XCEL, Judy Caldwell and staff Jodi Candlin.

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

MOTION TO APPROVE AGENDA
Ballard made a motion to approve the agenda.  Mond seconded and the motion passed unanimously.

PUBLIC COMMENT
Judy Caldwell appeared before the board on behalf of People for Silver Plume (PFSP) to update the board on a grant they have applied for to put a new roof on the George Rowe Museum.  The grant is almost completed; she is just waiting to hear from Tim McDonough on the roof estimate because it has changed.  The estimate will not affect the town in any way; the town is approving the grant as the owner.  Mayor Lyssy signed the grant application and J. Caldwell asked that the town also write a letter of support for the grant which E. Ballard volunteered to do. 

REPORT OF THE MAYOR
Mayor Lyssy discussed that everything he was going to report on was already on the agenda so he would report at the appropriate times.  Also, he recommended that Preston Gibson from XCEL be first on the agenda.

INFORMATIONAL ITEMS  
XCEL FRANCHISE AGREEMENT – PRESTON GIBSON, XCEL
Preston Gibson from XCEL Energy appeared before the board to discuss XCEL's franchise agreement that will expire December 31, 2013.  Each energy user must pay into the franchise fee which is included in their monthly bill and then that money is passed along to the town each month from XCEL.  The standard rate is 3% but the town could negotiate a higher rate.  The franchise fee agreement is an ordinance and can take a large amount of time which is why the board is working on it now.  P. Gibson sent the town a proposed franchise fee agreement which has been sent to the town attorney for her review.  Once the town attorney has reviewed the agreement and made any changes, P. Gibson will forward it to his attorneys and proceed from there.  He has asked that the town keep him updated on the agreement status. 

ACTION AGENDA 

        APPROVAL OF STREET ORDINANCE
At the last meeting, Nick Regester was not in favor of the application processing fee of $150 because he did not think it was fair to impose this fee on people who wanted to start a business in town. They would already be paying sales tax and he felt this was a burden. Mayor Lyssy said this fee would be a one-time fee and would be stipulated in the application. Discussion was held that heavy trucks can damage infrastructure and the application fee is a way to carry the burden of this cost. E. Ballard made a motion at the last meeting to table this agenda item to tonight and since then he has mulled the $150 application fee over and he does not feel it is an undue burden. E. Mond discussed that this fee is a good way to keep tabs on businesses and trucks that come through town.He also pointed out that the 33,000 truck weight limit should be gross vehicle weight. N. Regester spoke to Mayor Lyssy prior to tonight's meeting and said he has not been able to resolve the $150 application fee. It was discussed that this ordinance is a way to protect the town, that all business have an impact and that $150 is a reasonable fee.
Ballard made a motion to pass the street ordinance with the insertion of the language
 "gross vehicle weight". The motion died for lack of a second and will appear on the next agenda.
 
            APPROVAL OF RESOLUTION 2013-01 RE: GRANT FOR BIOSOLIDS
The resolution is for the Town of Georgetown and Town of Silver Plume to work together on securing planning funds for a regional biosolids composting facility.  The Town of Silver Plume is authorizing the Georgetown Town Administrator to apply to applicable agencies for funding.  If the two towns had a regional composting facility, it would cut down on costs and maintenance expenses for both municipalities.
Ballard made a motion to approve Resolution 2013-01 regarding a grant for biosolids.  Osborne seconded and the motion passed unanimously. 
 
INFORMATIONAL ITEMS  
DISCUSSION ON SARAH FRANKLIN PATH OFFER  
At the last meeting, the board approved an even exchange of Willis St. for an even exchange of the path behind Large Town Hall.  Willis St. runs adjacent to the Franklin property and leads to a lot that can't be built on.  Mayor Lyssy wrote a letter to the Franklin's with the offer and the letter has been reviewed by the board at tonight's meeting.
Ballard made a motion to have Mayor Lyssy sign and mail the letter.  Mond seconded and the motion passed unanimously with no opposition.
CONSIDERATION AND IMPLICATIONS OF AMENDMENT 64
Mayor Lyssy presented a document that he had written about Amendment 64's implications and town potential issues.  The document included actions the town can take, staff and procedures for establishment of new businesses, compliance inspections, criminal activity potential and impact by and from other local governments.  This will continue to be an ongoing discussion and should be left on the agenda. 
1041 ORDINANCE
Mayor Lyssy has corresponded with Barbara Green about crafting a 1041 ordinance for the town.  E. Ballard discussed that the town wants and needs to do this and this ordinance is a way to protect the town.  There is not much money in the budget for legal fees but this is something the town should not pass on.  Mayor Lyssy will give the go ahead to Barbara Green to proceed as it is the consensus of the board. 
COMMITTEE REPORTS 
CLEAR CREEK FIRE AUTHORITY
Nick Regester will not be able to attend the next meeting and asked if someone could attend in his absence on April 10, 2013.  Either Jeff Best or Scott Shafer will attend. 
I-70
Nick Regester will not be able to attend the next meeting on April 11, 2013 and asked if someone could attend in his absence.  Mayor Lyssy thought it was more important that someone attend the Clear Creek Fire Authority meeting instead. 
 
PARK COMMITTEE
None.
SEWER COMMITTEE
The meeting was held at the new wastewater plant in Georgetown and included a tour of the plant.  The biosolid grant was discussed, there is nothing of immediate concern or impact to the town and it was decided that this committee will continue to meet at the wastewater plant. 
DRCOG
None.
ECONOMIC DEVELOPMENT CORPORATION
The next meeting will be held at Loveland Ski Area. 
            STAFF REPORTS 
Jodi Candlin reported that she had attended the Clear Creek Board of County Commissioners meeting on Tuesday, March 13 regarding the Division of Mine Safety and Reclamation at Mayor Lyssy's request.  She spoke to the BOCC about the potential mining activity in Silver Plume adjacent and within the town boundaries and that a driveway was built, items were hauled off and prospecting was done.  She discussed that the town is concerned about dust, noise and water quality and that the mining operation would impact the town negatively and would affect the quality of life, safety and welfare.  She let the BOCC know that the town is working on ordinances to protect the town and would appreciate the county and division's support.  Deb Zak, from the Division of Mine Safety and Reclamation would like to talk to the town more about the activity and will speak to Tom Kallenbach from her office about his earlier site visit with Mayor Lyssy and Bill Gorsky.  She will also see if Mr. Hopkins pulled a mining permit.     
WORK SESSION
None.
 ADMINISTRATIVE ITEMS
 APPROVAL OF MINUTES 3/11/13
Ballard made a motion to approve the minutes of March 11, 2013.  Best seconded and the motion passed with E. Mond, S. Shafer and C. Osborne abstaining. 
ADJOURNMENT
The meeting adjourned at 9:35 p.m., respectfully submitted:  Jodi Candlin, Town Clerk
TOWN OF SILVER PLUME
BOARD OF TRUSTEES
RECORD OF PROCEEDINGS
APRIL 8, 2013
The Silver Plume Board of Trustees met on Monday, April 8, 2013, at its regularly scheduled meeting at the Small Town Hall.  Mayor Lyssy called the meeting to order at 7:07 p.m.
The following roll was recorded:
Fred Lyssy                  present
Earl Ballard             present – late arrival
Jeff Best         present 
Curt Osborne                present
Eben Mond                   present – late arrival
Nicholas Regester         excused
Scott Shafer                   present
Others present:  Dave Fritz.
BILLS PAYMENT
Osborne made a motion to approve the bills.  Best seconded and the motion passed unanimously.
MOTION TO APPROVE AGENDA
Osborne made a motion to approve the agenda.  Best seconded and the motion passed unanimously.
PUBLIC COMMENT
None.
REPORT OF THE MAYOR
Mayor Lyssy attended the Economic Development Corporation meeting and reported that the county has hired new tourism director to promote the county as a tourism site and to offset losses in revenue that could happen in the future.  Other on-going projects in county include a development company named Verdant Living owned by Trent Sutton and Michael Jennings.  They are interested in the vacant land by the Georgetown Visitor's Center for retail space with high end stores/restaurants and apartments with parking spaces.  They are also interested in acquiring land in Idaho Springs in order to build affordable housing with 50 units.  Mayor Lyssy spoke to them about 2 properties in Silver Plume (Buckley's Store and Jerry Haskin's property next to the store) to see if they would be interested in developing something here, especially since the properties are located right off of I-70 with easy access but they have too much on their plates at this time.  Loveland Ski Resort reported 87" of snow in March that turned their ski season
around.  There is a private group of citizens that is going to sponsor the Rapid Grass Festival on the 4th July in Idaho Springs who asked the E.D.C. for grant money but since they are not a 501.c.3. (non-profit) organization and they will benefit from any profit; the E.D.C. did not approve their request.  Someone is actively working on reopening Kermit's and will turn it from a biker bar to a restaurant.  At the Mayor's/Commissioner's meeting, Amendment 64 was discussed; Idaho Springs is prohibiting everything until state regulations are published; Georgetown will handle recreational marijuana sales like a liquor license and have approved their only current dispensary as recreational use as well as a dispensary.  The building the dispensary is housed in is owned by the new Georgetown Mayor, Craig Abrahamson.  Empire has a dispensary now but they don't know what they are going to do and Silver Plume has no answers.  Mayor Lyssy discussed he was unsure if the sheriff's department would get involved if Silver Plume needs enforcement and Sheriff Krueger discussed that the law is clear and you can use marijuana if you are 21 or over so Mayor Lyssy thinks it appears they will not get too involved unless there is cause.  The State Legislature is discussing that regulations will be forthcoming and that taxes will be very high and there will be a requirement for those who sell will have to grow 70% of their product.  Mayor Lyssy left a message for J. Candlin regarding the monstrous structure being built in the back yard of Katherine Flecksing's triplex.  Fitz will need to make a site visit to look at the structure and possibly issue a "Stop Work" order as it measures larger than 120 sq. ft. including the roof area.  It needs a building permit and possibly a variance because it is built right on the property line.  It's being built with treated wood and there was discussion that is could possibly be a grow house.
ACTION AGENDA 
APPROVAL OF STREET ORDINANCE
At the last meeting, the addition of "gross vehicle weight" was added to the ordinance and the $150 fee discussion was also held.  Some feel that the fee would impose an undue burden on business owners who are already paying sales tax but others feel this is not an issue and is the cost of doing business.  Silver Plume does not have the capacity to enforce some of its ordinances but still needs them.  Discussion was held as to what kind of town do we want – junk cars and heavy mining trucks or do we want a semblance of order.   Mayor Lyssy feels it is wrong not to pass ordinance and tabled this to the next meeting
 
APPROVAL TO REQUEST GRANT MONIES RE: DEVELOPMENT OF LAND USE CODE AND 1041 ORDINANCE
Mayor Lyssy has spoken to both Clay Brown and Andy Hill of D.O.L.A. about getting grant money to help pay for rewriting the town's land use code and a 1041 Ordinance. 
They discussed that it would have to be a matching grant and unfortunately the town cannot afford to do this.  In the meantime, the town's attorney, Barbara Green, got involved and with her in-kind work and Rick Caldwell's in-kind work, the town now has a cash match to apply for grant money.  Mayor Lyssy has received documents from Clay Brown regarding a request of grant monies to develop a new land use code and a 1041 Ordinance.  He would like the board's approval to allow him to write a letter to D.O.L.A. detailing how the town would benefit from receiving grant monies. 
Ballard made a motion to approve the letter written by Mayor Lyssy to Clay Brown of D.O.L.A. requesting $16,000 in grant money with the town supplying $1,000 as a cash match to improve the town's chances of getting a grant.  Osborne seconded and the motion passed unanimously.
CDOT – APPOINT TRANSIT AND REVENUE STUDY REPRESENTATIVE
CDOT will hold meetings at 9:00 a.m. the first Wednesday of each month beginning in April regarding transit and revenues.  This is an important role for Silver Plume and does not necessarily have to be a town elected official. E. Ballard is willing but will be away most of June.  Mayor Lyssy recommended either Gary or Nick Regester and the board discussed that Nick Regester would be a logical choice since he is the town's I-70 Coalition Representative. 
INFORMATIONAL ITEMS   
CERTIFIED LOCAL GOVERNMENT APPLICATION
C. Osborne has reviewed the application for the town to be designated as a Certified Local Government.  The certification comes from the History Colorado Office of Archeology.  C. Osborne reviewed the criteria and requirements that the town has to meet and also discussed what the town will agree to do in advance after becoming certified.  The process to become certified is straightforward and the town seems to meet criteria listed but research will need to be done to explain how the town will fill voids it has.  C. Osborne will work in conjunction with J. Candlin and R. Gaubatz in order to gather the necessary paperwork and with the board's approval, will meet with Dan Corson from the History Colorado Office of Archeology to review the application.  C. Osborne sees no contentious issues for the town and sees no reason not to do this.  Mayor Lyssy discussed that the town should work closely with Rick Caldwell who will be helping the town re-write its land use code.
WATER QUALITY CONTROL PROFESSIONALS - COST FOR SAMPLES FOR 2013
John Volk provided cost test samples for 2013 with the comparison from 2012. 
 
XCEL FRANCHISE AGREEMENT
Town Attorney, Barbara Green, contacted Mayor Lyssy and does not like the current XCEL franchise agreement so she is going to re-write it for the town based on the Town of Breckenridge's franchise agreement.
DISCUSSION ON SARAH FRANKLIN PATH OFFER  
The town has not heard anything from Sarah Franklin regarding the path offer and is unsure as to how she will respond to the offer.
CONSIDERATION AND IMPLICATIONS OF AMENDMENT 64
Nothing further to add at this time; however the town will wait to hear what the state decides. 
COMMITTEE REPORTS 
OTHER
C. Osborne discussed that a public notice appeared in the Clear Creek Courant recently regarding the pellet mill.  The documents attached to the public notice are not clear as to what the notice is about and the board discussed that it may have something to do with the new method of chipping the wood off-site instead of on-site.  Mayor Lyssy discussed a possible excise tax on the pellets sold and that the pellet mill is not charging sales tax on their sales and they should be. 
CLEAR CREEK FIRE AUTHORITY
None.
I-70
None.
PARK COMMITTEE
E. Ballard and Janine Weeds made a revised copy of the park maintenance job description and submitted it to the board.
SEWER COMMITTEE
A Planning and Design grant from the Colorado Dept. of Public Health and Environment was discussed and that Silver Plume should apply on behalf of the Sewer Commission because it fits the grant criteria whereas Georgetown does not.  E. Ballard will speak to Clay Brown about this grant and let him know that the town will ask its attorney for her opinion on whether or not the town should apply for the grant as a member of the Sewer Commission.   
DRCOG
None.
ECONOMIC DEVELOPMENT CORPORATION
Discussed under Mayor's Report.
WORK SESSION
None.
 
 ADMINISTRATIVE ITEMS
 APPROVAL OF MINUTES 3/25/13
Ballard made a motion to approve the minutes of March 25, 2013.  Shafer seconded and the motion passed unanimously. 
ADJOURNMENT
The meeting adjourned at 8:10 p.m.
Respectfully submitted: 
Jodi Candlin, Town Clerk
TOWN OF SILVER PLUME
BOARD OF TRUSTEES
RECORD OF PROCEEDINGS
APRIL 22, 2013
The Silver Plume Board of Trustees met on Monday, April 22, 2013, 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                   absent
Others present:  Staff Jodi Candlin.
BILLS PAYMENT
Ballard made a motion to approve the bills.  Mond seconded and the motion passed unanimously.
MOTION TO APPROVE AGENDA
Regester made a motion to approve the agenda with the following additions: Pellet Mill Air Quality Permit Application and 2013 Park Budget/Plan under Information Items.  Mond seconded and the motion passed unanimously.
PUBLIC COMMENT
None.
REPORT OF THE MAYOR
Mayor Lyssy attended the Board of County Commissioners Youth Awards and found it to be very inspirational because of the adversity the kids face and how they have overcome their particular circumstances.  Todd Lancaster, Clear Creek School District Superintendent, was the guest speaker and Mayor Lyssy discussed how he has taken a very active role as the superintendent.    
  ACTION AGENDA 
  APPROVAL OF STREET ORDINANCE
Mayor Lyssy would like to take action on this agenda item tonight and discussed that Nick Regester's primary objection was he felt the $150 fee was an undue burden on the business owner; other members felt it was not and was the usual cost of business. It was also discussed that "gross vehicle weight" was added to the ordinance at the last meeting and language was added tonight exempting utility trucks from paying the $150 fee. Ballard made a motion to approve the Street Ordinance with changes made regarding exemption of utility trucks from paying the $150 permit fee.
 DOCUMENTS RE: SILVER PLUME'S WASTEWATER COLLECTION SYSTEM STUDY PHASE II PROJECT     
Phase II consists of scoping more lines with a TV. and cleaning the new lines including the transmission line to Georgetown.  If there is a Phase III, more lines will be cleaned in town.  This is a standard contract that is issued to anyone who receives a grant.  GMS, Inc. has submitted the grant and will be handling Phase II.  $10,000 was awarded already and that was the preliminary work.  $41,000 will now be awarded to actually do the work.
Ballard made a motion to approve Mayor Lyssy to sign the contract for Silver Plume's Wastewater Collection System Phase II grant.  Regester seconded and the motion passed unanimously.
APPROVAL FOR CDPHE GRANT - FEASIBILITY STUDY BIOSOLID COMPOSTING – E. BALLARD
This grant is to study the feasibility of building a biosolid composting facility in Clear Creek County rather than hauling the waste off at great expense.  The Georgetown/Silver Plume Join Sewer Commission is applying for the grant for this study but because Silver Plume is the only municipality that fits the requirements of population and income, Silver Plume will be the agent applying for the grant for the commission and all paperwork and finances will go through the commission.  If this study determines there is a fatal flaw in locating a biosolid composting facility, it will end with this grant.  However, if there is not a fatal flaw, the next step is to apply for a grant from DOLA.  Clay Brown from DOLA does not foresee this happening and is encouraging the commission to apply for funds from DOLA.  N. Regester wondered if this grant would affect the town's Watershed Ordinance in any negative way and E. Ballard so it would not but would be discussed.  N. Regester then asked what the repercussions would be to Silver Plume if the town did not live up to the grant.  E. Ballard discussed that Silver Plume will not be held
liable for any funds if there is some sort of problem.  C. Osborne asked if the town is at risk for the CDPHE or DOLA grant and E. Ballard said that per Clay Brown, there is no risk.  E. Ballard wrote a letter for Mayor Lyssy to sign to be included with the grant application that states the Town of Silver Plume is a member of the Joint Sewer Commission but cannot assume any financial responsibility beyond the application.  The CDPHE grant is in the amount of $16,500 and the Joint Sewer Commission has committed $6500 towards this grant.
 APPROVAL FOR DOLA GRANT FOR PER BIOSOLID COMPOSTING – E. BALLARD
The grant from DOLA is in the amount of $10,000 and is for a PER to explore the possibility of locating a biosolid composting facility in Clear Creek County.  E. Ballard has written a letter of request to apply for this grant and sent it to Clay Brown for his comments which included that the town board has approved and endorsed this grant request.  There was some discussion that maybe the board should hold off on applying for this grant but E. Ballard discussed that this money is on a first-come, first-serve basis.  C. Osborne discussed that this is a study and PER and does not tie the town up in the long run.  He is comfortable with E. Ballard moving forward with the board's approval. 
Osborne made a motion that the Silver Plume Board of Trustees approves the grant from the CDPHE and DOLA for the feasibility study for a biosolid composting facility.  Mond seconded and the motion passed unanimously.
            REQUEST TO NEGOTIATE WATER/SEWER BILL 270 MAIN ST.
The home at 270 Main St. was foreclosed upon and has a lien filed against it for $28,925.22 for water usage.  When J. Candlin read the meters in December 2012 she discovered this property had a huge reading due to pipes bursting.  She contacted the mortgage company, Bank of America, to alert them of this problem and they said they would turn the water off.  When the meters were read in January 2013 there was another huge meter reading.  The board felt that the mortgage company was irresponsible in responding to this problem and they are not inclined to reduce or negotiate this water bill.  Mayor Lyssy will write a letter to the mortgage company letting them know the board's decision.
INFORMATIONAL ITEMS   
XCEL FRANCHISE AGREEMENT
Barbara Green, the town's attorney, made some substantive and grammatical changes to the agreement and sent it back to Mayor Lyssy.  The agreement is based both on Breckenridge's and Wheat Ridge's agreement.  It benefits the town and does not allow XCEL to have any advantage over the town.  If the board approves the changes to the 
agreement, Mayor Lyssy will send it to XCEL for their approval.  The board asked that they be allowed one week to review the agreement in order to make any changes. 
Ballard made a motion that a week after the agreement has been sent to the Silver Plume Board of Trustees for their comments, the agreement is sent to XCEL.  Osborne seconded and the motion passed unanimously.  
 DISCUSSION ON SARAH FRANKLIN PATH OFFER   
Mayor Lyssy received a call from Sarah Franklin after she had received the town's offer to trade the same amount of square footage of her path for Willis St.  She asked why the town was offering her property she already owned.  R. Gaubatz confirmed that the property the town offered her is Willis St. and Mayor Lyssy will ask him to do the necessary research to see if the street was abandoned or sold as S. Franklin seems to think. 
            PELLET MILL AIR QUALITY PERMIT APPLICATION
There was a public notice in the Clear Creek Courant regarding the pellet mill's air quality permit application.  C. Osborne believes it is a retroactive application for air quality and spoke to the state permitting person but this person could not speak to the enforcement issue.  Public comments are due on April 26 and the board feels that the town should make comments as the pellet mill is a business in town.  The mill emits particulates and the board wonders about the makeup of these compounds and chemicals.  The board came up with the following language to be included in the pellet mill's public comments:  The town does not have the ability to monitor the mill's emissions and is concerned the mill might not meet the state's requirements.  Silver Plume is located in a tight valley with high winds and dust and emissions float over and through town and the town needs to be protected from these elements.
            2013 PARK BUDGET/PLAN
The pavilion bathrooms will be open beginning Memorial Day weekend.  There is $5980.36 in the Conservation Trust Fund that can be used for park use.  However, Scott Shafer discussed with J. Candlin that he is interested in maintaining the bathrooms over the summer.  C. Osborne discussed that the town should use up to $1,000 per year and no more in order to maintain and clean them.  If the town needs to close them to keep within the budget then that is what might need to be considered.  E. Mond said he would be on the Park Committee with C. Osborne.        
COMMITTEE REPORTS 
CLEAR CREEK FIRE AUTHORITY
Jeff Best could not attend so the board thinks that Scott Shafer attended instead. 
I-70
Nick Regester was appointed to be the town's representative for the I-70 T&R committee since he is already familiar with I-70 happenings and is on the I-70 Coalition.
SEWER COMMITTEE
Covered earlier in the agenda under the CDPHE and DOLA grant items.
DRCOG
None.
ECONOMIC DEVELOPMENT CORPORATION
None.
 STAFF REPORTS 
J. Candlin's staff report was covered under the agenda item regarding 270 Main St.
 OTHER
The board discussed that it would like a report from the employees regarding their work accomplishments at each meeting. 
WORK SESSION
None.
 ADMINISTRATIVE ITEMS
 APPROVAL OF MINUTES 3/11/13
Ballard made a motion to approve the minutes of April 8, 2013.  Osborne seconded and the motion passed with E. Mond and N. Regester abstaining. 
ADJOURNMENT
The meeting adjourned at 10:00 p.m., respectfully submitted: 
Jodi Candlin, Town Clerk

TOWN OF SILVER PLUME
BOARD OF TRUSTEES
RECORD OF PROCEEDINGS
MAY 13, 2013
The Silver Plume Board of Trustees met on Monday, May 13, 2013, at its regularly scheduled meeting at the Small Town Hall.  Mayor Lyssy called the meeting to order at 7:06 p.m.
The following roll was recorded:
Fred Lyssy                  present
Earl Ballard             present
Jeff Best         present 
Curt Osborne                 present
Eben Mond                    excused
Nicholas Regester         present
Scott Shafer                  present
Others present:   Phil Buckland, Clear Creek County Commissioner, and staff Rick Gaubatz and Jodi Candlin.
BILLS PAYMENT
Ballard made a motion to approve the bills.  Regester seconded and the motion passed unanimously.
MOTION TO APPROVE AGENDA
Regester made a motion to approve the agenda with the following addition: Repayment of Georgetown Loan under Action Agenda.  Osborne seconded and the motion passed unanimously.
PUBLIC COMMENT
Phil Buckland, Clear Creek County Commissioner, attended the board meeting to hear about what is going on in Silver Plume and to let the board know that if the town needs anything, to let him and the rest of the commissioners know.  The Road and Bridge mil levy was discussed in that the levy expires at the end of the year and the town will not benefit from that money anymore.  The town is going to seek a mil levy increase in the fall of 2013 in order to pay its Clear Creek Fire Authority dues and will not pursue a Road and Bridge mil levy in addition to the fire authority mil levy.
REPORT OF THE MAYOR
Mayor Lyssy reported that he made comments on behalf of the town to the state regarding the pellet mill's application with the owner responding to the comments unfavorably.  Kermit's is reopening the end of this month and the owners hope to make it more family oriented and less of a biker bar.  Burger King closed yesterday with no 
notice and it is unknown why and what is happening at the property.  Our region has 100% snowpack. 
ACTION AGENDA 
EXECUTE CDPHE PLANNING AND DESIGN GRANT FOR BIOSOLIDS COMPOSTING FACILITY
The town's application for $10,000 for a PER for the biosolid facility was approved by the CDPHE and needs the mayor's signature.  The total amount for the grant is $25,000 and the money is slated to come from the following:  $10,000 from CDPHE, $10,000 from DOLA and $2,500 from UCCWA contingent up the budget being reprioritized and stream clean up.  E. Ballard discussed that if there is a fatal flaw in the PER the project will go no further but if the project is feasible, Idaho Springs and Empire are interested in being involved.  If there is a biosolid composting facility in Clear Creek County, the sludge will not have to be transported out of the county and it can be sold since it will be a class 1 fertilizer. 
Ballard made a motion to accept the grant in the amount of $10,000 from CDPHE for a PER for the biosolid composting facility and to approve and sign the grant.  Osborne seconded and the motion passed unanimously.
APPROVAL OF LAND USE CODE UPDATE GRANT   
The town received a grant in the amount of $16,000 from DOLA to update the town's land use code.  The notification letter stated that since the money would be coming from state severance funds the electors may have to vote on its approval.  There was discussion that before accepting the grant money, the letter should be sent to legal counsel on an opinion regarding the electors' approval.  Mayor Lyssy discussed that the grant will pay for one hour of Rick Caldwell's time which will allow him to become recertified as an attorney and then he will donate $23,100 in pro bono work, Barbara Green and Mary Keyes will also contribute pro bono work and the town will contribute $1,000.  If this grant is approved, there will be many meetings between all boards and Mayor Lyssy foresees this project being finished by the end of the year.  N. Regester was uncomfortable with approving the grant until all of the unknowns regarding the election piece have been answered.  It was decided that Mayor Lyssy would contact Barbara Green for a legal opinion on this matter. 
REPAYMENT OF LOAN TO GEORGETOWN
The town still owes Georgetown $5,000 for its sewer debt which was budgeted for this year and there is money in the bank account to pay it.
Ballard made a motion to approve paying Georgetown the remaining $5,000 for its sewer debt Silver Plume owes.  Best seconded and the motion passed unanimously.
 
INFORMATIONAL ITEMS 
XCEL FRANCHISE AGREEMENT
Mayor Lyssy received a call from Preston Gibson of XCEL letting him know that XCEL was very unhappy with the mark ups the town's attorney had made to the agreement.  He said money has been wasted on legal fees for both parties and that XCEL would not be able to agree with the changes.  Mayor Lyssy told him to have his attorney call the town's attorney and discussed that our agreement was based on Breckenridge and Wheat Ridge's and XCEL agreed to theirs.
 
COMCAST FRANCHISE AGREEMENT
The board reviewed the agreement and C. Osborne sees no trap doors but the town attorney might.  The board asked J. Candlin to send the agreement to Barbara Green.
 DISCUSSION ON SARAH FRANKLIN PATH OFFER   
R. Gaubatz has not found anything out but the survey provided by the Franklin's shows the town owns Willis St.  Mayor Lyssy asked R. Gaubatz to research property ownership and after that is completed, he will contact the Franklin's to offer them double the square footage they are giving to the town.
FURTHER DISCUSSION RE: 270 MAIN ST.
It was discussed that this should have been under the action agenda.  OCWEN Loan Servicing Co. is offering to pay the water charges, treasurer's collection fee and lien filing and releasing fees but does not think they should pay the sewer fee because the water did not run into the sewer.  They amount they are offering is $27,135.16. 
Ballard made a motion to accept OCWEN Loan Servicing Company's offer of $27,135.16 with a stipulation that this offer is only good for 30 days and that this item is moved to the Action Agenda.  The motion died for lack of a second.
Regester made a motion to move this item to the Action Agenda.  Best seconded and the motion passed unanimously.
Ballard made a motion to accept OCWEN Loan Servicing Company's offer of $27,135.16 with a stipulation that this offer is only good for 30 days.  Regester seconded and the motion passed unanimously.
TATANKA HOKSILA/BUFFALO BOY FOUNDATION HORSEBACK RIDE
Jo Ann Sorenson from Clear Creek County forwarded this to the town; it's a horseback ride with 10 riders from the above foundation that will start at the State Capitol and make its way to Aspen.  The riders will utilize frontage roads, bike paths and trails on its route and will be coming through Silver Plume at some point during their ride.  The ride is
slated for May 24 through June 6.  The board asked that J. Candlin let J. Sorenson know the town welcomes them.
PARK BUDGET/PLAN 2013          
C. Osborne and his son Greg will take care of the pavilion with Harry Heilmann most likely being involved.  They will cut the grass and take care of the bathrooms with no commitment to the budget as all of this will be volunteer labor.  Next year there will be a bid put out for maintaining the park.  Tim Hamid winterized the pavilion and it was decided that he should be the one to open it back up as late as possible on May 23 or 24 so the water does not freeze.  C. Osborne will contact T. Hamid and make these arrangements. 
 
COMMITTEE REPORTS 
CLEAR CREEK FIRE AUTHORITY
N. Regester reported that the CCFA is possibly building 2 more fire stations; one in Empire and one in Blue Valley Acres.  There is a new fire truck in the firehouse and rewiring has been done as well to accommodate the new truck.  N. Regester will not be able to attend the next meeting on June 12 and asked for coverage. N. Regester will contact Kelly Babeon about help regarding the fire authority mil levy process for next fall.
I-70
The next meeting is in July.
SEWER COMMITTEE
There was not a quorum at the last meeting and the next meeting is scheduled for June 12 when both E. Ballard and Mayor Lyssy will be gone.  The committee is working on a new date so that all can attend.
DRCOG
Mayor Lyssy will attend the meeting this Thursday.
ECONOMIC DEVELOPMENT CORPORATION
ECD is hiring a company to do a targeted industry study which details the resources we have in our county and what industries might be attracted here.  Two RFP's have been turned in and it is expected 2 more will be turned in by the end of the month. 
UCWA
Mayor Lyssy discussed a report regarding nutrients and metals; data is mapped out over time in order to put the report together.  There are several monitoring stations along Clear
Creek which gauge flow, nutrients, metals, opacity, sedimentation and temperature.  These monitoring stations have been in place since 1990 and some of the stations take samples every 15 minutes. 
OTHER
E. Ballard reported that it appears that the train has hooked into the town's sewer line illegally at the Lebanon Mine some time ago and that might be where all of the zinc is flowing into the wastewater system.  R. Gaubatz wants to dump dye into the system at the Lebanon Mine and work in conjunction with S. Shafer in Georgetown to see when the dye gets to the wastewater plant. 
STAFF REPORTS 
R. Gaubatz let the board know that the plow blade failed and he put a new one on but had to adapt it, the brakes are not working, he is in the process of pulling manholes and has found infiltration in only 1, he will grade as he can but the grader is old and there are no spare parts available, he has been working on the Diamond drainage because it is plugged up due to the mining activity that was going on earlier in the year.  He would like to discuss equipment for the next budget because the equipment he works with is very old and not dependable.  His working conditions are poor; there is no heat, lights or toilet in the shop.  Mayor Lyssy said he knows things need to get fixed but just does not know how at the moment.  R. Gaubatz plows 2 county roads and that is how he was able to get the backhoe and snowplow from the county and asked that Mayor Lyssy mention the need for new equipment at the next BOCC/Mayor's meeting.  He also discussed that maybe the town should sell the firehouse to the CCFA as the town gains nothing by owning it.  J. Candlin presented her staff report next with the following:   she prepared April 22, 2013 minutes, prepared May 13, 2013 agenda, prepared board packets for May 13, 2013 meeting, paid approved bills from last board meeting on April 22, 2013, daily mail, read meters on April 30, water and sewer billings, responded to daily phone calls and emails, filing, shoveling snow,  correspondence back and forth with title company, realtor and bank regarding lien at 270 Main St., filing insurance paperwork with CIRSA re: snowplow vs. parked car, inputting water and sewer payments,  mailed out grant paperwork for GMS, Inc. Phase II wastewater collection project, worked with Anita from Frachetti Engineering for the biosolids grant by supplying information to her regarding town's sewer rates, and answering building permit questions re: Skinner.
OTHER
WORK SESSION
None.
ADMINISTRATIVE ITEMS
APPROVAL OF MINUTES 4/22/13
Osborne made a motion to approve the minutes of April 22, 2013.  Ballard seconded and the motion passed unanimously.
EXECUTIVE SESSION – PERSONNEL MATTERS      
Regester made a motion to go into Executive Session.  Ballard seconded and the motion passed unanimously. 
ADJOURNMENT
The meeting adjourned at 10:00 p.m.
Respectfully submitted: 
Jodi Candlin, Town Clerk
TOWN OF SILVER PLUME
BOARD OF TRUSTEES
RECORD OF PROCEEDINGS
MAY 27, 2013
The Silver Plume Board of Trustees met on Monday, May 27, 2013, at its regularly scheduled meeting at the Small Town Hall.  Mayor Lyssy called the meeting to order at 7:06 p.m.
The following roll was recorded:
Fred Lyssy                  present
Earl Ballard             present
Jeff Best         present 
Curt Osborne                 present
Eben Mond                   absent
Nicholas Regester         present
Scott Shafer                  absent
Others present:   Staff Jodi Candlin.
BILLS PAYMENT
Ballard made a motion to approve the bills.  Osborne seconded and the motion passed unanimously.
Discussion followed regarding delivery of gravel; the town is the permitting agency for deliveries and does not need to issue a permit for itself and utility trucks are exempt.
MOTION TO APPROVE AGENDA
Osborne made a motion to approve the agenda.  Ballard seconded and the motion passed unanimously.
PUBLIC COMMENT
None.
REPORT OF THE MAYOR
Mayor Lyssy reported to the board that he spent an entire day with Public Works Director, Rick Gaubatz, regarding town activities. R. Gaubatz would like to use town property where Cherokee St. turns north to Silver St. as a parking lot for the 7:30 Trail; the town town informational sign from the CDOT lot (across from Grumpy Dutchman Auto) could be moved to this new parking lot.  Mayor Lyssy thinks that Dane Matthew from the Clear Creek County Recreation Center might be able to help with additional signage.  There is a town owned lot that the Rowe family has moved an old building and propane tank onto many years ago and R. Gaubatz suggested asking if they want to purchase that lot and if not to move their items off it and that property could be used as a
parking area as well.  Research needs to be done first to ensure that it is town property before acting.  Mayor Lyssy and R. Gaubatz made a site visit to Eben Mond's property because he has changed the landscaping by building a rock wall out near the street which now causes water to flow out onto the street and make the street a mess.  There are two buildings in town that are hazards and need to be taken care of; the structure/junk east of the Busenitz' property and the old mortuary on Main St. east of Joe Speth's building.  Mayor Lyssy will work on these hazards with Fire Chief Kelly Babeon.  Mayor Lyssy visited the town maintenance shop and discussed that it has no heat or lights.  It was discussed by others that part of the building could be sectioned off and insulated and heated but doing so may not be worthwhile.  There are antique fire hydrants that people want to buy and R. Gaubatz will research a sale price and then they can be put up for sale.  Tom Hill from the Georgetown Loop Railroad called Mayor Lyssy upset that R. Gaubatz had entered the Lebanon Mine property without his permission and put dye into the sewer to see if they had hooked into the town's sewer line.  The dye went into the creek and they probably need a point source permit for that activity.  At the Board of County Commissioners/Mayor's meeting, Mayor Lyssy discussed that Silver Plume is in need of road and bridge equipment but there is none available at this time.  However, Georgetown Mayor Craig Abrahamson suggested formalizing an agreement between all four municipalities to use each other's equipment if needed.  Mayor Lyssy discussed that this might be difficult for us to participate in since we don't have much equipment but is still willing to participate as long as the town can reciprocate in some way. 
ACTION AGENDA 
APPROVAL OF LAND USE CODE UPDATE GRANT   
At the last meeting, the board was notified that the town had been approved for a $16,000 land use code update grant and that accepting the money from state tax severance funds may cause voter approval.  Mayor Lyssy contacted town attorney Barbara Green for her advice on this matter and she said the town does not need to seek voter approval because the town is de-Bruced.  Clay Brown from DOLA conferred and said that language is included in every grant approval letter.  C. Brown asked the town to accept the grant in order to start moving on the process.
Regester made a motion to accept the grant in the amount of $16,000 to update the town's land use code and to sign the appropriate documents.  Ballard seconded and the motion passed unanimously. 
INFORMATIONAL ITEMS 
XCEL FRANCHISE AGREEMENT
Barbara Green and the XCEL attorney have spoken and the process seems to be moving along.
 
COMCAST FRANCHISE AGREEMENT
J. Candlin sent the Comcast Franchise Agreement to Barbara Green but has not heard back from her yet.
 
DISCUSSION ON SARAH FRANKLIN PATH OFFER  
Mayor Lyssy, Rick Gaubatz and Wilson Franklin met at the path site and walked the property that the town is offering the Franklin's in exchange for their path that runs behind Large Town Hall.   Mr. Franklin suggested that the town sell the vacant lot behind the Maintenance Shop to the property owner across the street and use the proceeds to buy their path.  Mayor Lyssy would want to make sure that if the town did sell this property to the suggested property owner or anyone else that the Franklin's would accept the amount of money it sold for even if it was less than their firm asking price of $15,000.  The emergency egress path from Large Town Hall that the Franklins are willing to sell is not really A.D.A. compliant but is used for emergency egress. 
MILL LEVY DISCUSSION RE: CLEAR CREEK FIRE AUTHORITY     
Mayor Lyssy will meet with Fire Chief Babeon later this week to discuss putting a mill levy on the November, 2013 ballot to pay for the town's contribution to the Clear Creek Fire Authority.  He would like to put an informational note in the next water and sewer bills with a date for a public meeting to discuss this issue.  The town has already committed to the Board of County Commissioners and the other municipalities that it will hold an election in November and work needs to be done to help the ballot question pass.  J. Candlin met with Clear Creek County Clerk and Recorder Pam Phipps about the process of including the town's ballot question with the county's election; the board must make a motion to approve a ballot question to be included and must sign an Intergovernmental Agreement with the county which will spell out each entities responsibilities.  It was decided that a public meeting will be held on July 15, 2013, 7:00 p.m. at Large Town Hall.  It was also decided that at the Board of Trustees meeting on July 22, 2013, the action agenda must include a motion to add a ballot question to increase the Silver Plume Mill Levy by 4.579 mills to pay for the town's contribution to the Clear Creek Fire Authority. 
  
COMMITTEE REPORTS 
PARK
C. Osborne has purchased some cleaning supplies for the pavilion which he will be reimbursed for and that everything is moving along smoothly at the park and pavilion.  The bathrooms are open during George Rowe Museum hours (10:00 a.m. to 4:00 p.m.).  Judy Caldwell asked about removing the old slide from behind the museum and the board discussed how to bring it up to code.  They asked J. Candlin to contact CIRSA to ask about the requirements to make it safe.  The roof on the pavilion is coming loose so C. Osborne will use c-clamps for a temporary fix until John Busenitz can fix it permanently.             
CLEAR CREEK FIRE AUTHORITY
None.
I-70
None.
SEWER COMMITTEE
The next meeting will be held the end of June and will be for June and July.
DRCOG
Mayor Lyssy attended the last meeting and there is nothing pertaining to Silver Plume; DRCOG is evaluating its executive director, CDOT has "Ramp" project money but since the town does not have paved streets, we are not eligible and CDOT and RTD are now non-voting members. 
STAFF REPORTS 
R. Gaubatz has been opening manholes and testing for zinc.  J. Candlin met with Pam Phipps regarding the Clear Creek Fire Authority ballot question, released the lien against Bryan Klocker's foreclosed property after receiving payment, daily phone calls, emails, giving out information to a few interested parties about the two houses for sale above the train owned by Paul Bailey, preparing board packets, minutes, agendas and day to day activities. 
OTHER
WORK SESSION
None.
ADMINISTRATIVE ITEMS
APPROVAL OF MINUTES 5/13/13
Osborne made a motion to approve the minutes of May 13, 2013.  Ballard seconded and the motion passed unanimously.
ADJOURNMENT
The meeting adjourned at 8:40 p.m.
Due to lack of a quorum on June 10, 2013, there will not be a Board of Trustees meeting.
Respectfully submitted: 
Jodi Candlin, Town Clerk

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