Friday, April 19, 2013

TOWN OF SILVER PLUME

BOARD OF TRUSTEES

APRIL 22, 2013

7:00 P.M.

AGENDA

 

1 Call to Order    

 

2. Roll Call  

 

3. Bill Payment 

 

4. Motion to Approve Agenda  

 

5. Public Comment

 

6. Report of the Mayor 

  

7. Action Agenda        

               Approval of Street Ordinance
               Documents re: Silver Plume's Wastewater Collection System Study Phase II Project           
Approval for CDPHE Grant - Feasibility Study Biosolid Composting – E. Ballard
Approval for DOLA Grant for PER Biosolid Composting – E. Ballard
Request to Negotiate Water/Sewer Bill 270 Main St.

           

8. Informational Items           

            XCEL Franchise Agreement 

            Discussion on Sarah Franklin Path Offer                       

Committee reports 

            Staff reports 

 

9. Work Session

           

 10. Administrative Items --  

            Approval of minutes 04/08/13

 

11. Adjournment

 

 

This agenda is subject to change before the actual meeting date.  Should there not be a quorum at the meeting, action items will forward to the next meeting at which a quorum is present for consideration.  

 




Friday, April 5, 2013


TOWN OF SILVER PLUME

BOARD OF TRUSTEES

APRIL 8, 2013

7:00 P.M.

AGENDA

 

1 Call to Order    

 

2. Roll Call  

 

3. Bill Payment 

 

4. Motion to Approve Agenda  

 

5. Public Comment

 

6. Report of the Mayor 

  

7. Action Agenda        

               Approval of Street Ordinance               

              Approval to Request Grant Monies re: Development of Land Use Code and 1041               Ordinance

              CDOT – Appoint Transit and Revenue Study Representative

              

8. Informational Items  

          Certified Local Government Application

          Water Quality Control Professionals - cost for samples for 2013

           XCEL Franchise Agreement

            Discussion on Sarah Franklin Path Offer           

            Consideration and Implications of Amendment 64

           Committee reports 

            Staff reports 

 

9. Work Session

           

 10. Administrative Items --  

            Approval of minutes 03/25/13

 

11. Adjournment

 

 

This agenda is subject to change before the actual meeting date.  Should there not be a quorum at the meeting, action items will forward to the next meeting at which a quorum is present for consideration.  

 


Monday, April 1, 2013

 

TOWN OF SILVER PLUME

BOARD OF TRUSTEES

RECORD OF PROCEEDINGS

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.

 

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 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.

 

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 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. 

 

REPORT OF THE MAYOR

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. 

 

ACTION AGENDA 

 

               APPROVAL OF LIQUOR LICENSE FOR SOPP AND TRUSCOTT BAKERY AKA HOT LETTUCE
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 – LAND USE ORDINANCE
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.  
 
               APPROVAL OF STREET ORDINANCE
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.  
 
               APPROVAL OF WATERSHED ORDINANCE 
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.
 
INFORMATIONAL ITEMS  
 

DISCUSSION ON SARAH FRANKLIN PATH OFFER  

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

 

CONSIDERATION AND IMPLICATIONS OF AMENDMENT 64

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. 

 

1041 ORDINANCE

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. 

 

STATUS OF WASTEWATER GRANT

This was previously covered under the Mayor's Report.

 

FROZEN SERVICE LINES – KIDDER, WEHNES

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. 

 

COMMITTEE REPORTS 

CLEAR CREEK FIRE AUTHORITY

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. 

 

I-70

None.

 

PARK COMMITTEE

None.

SEWER COMMITTEE

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

 

DRCOG

None.

 

            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

None.

 

 ADMINISTRATIVE ITEMS

 

 APPROVAL OF MINUTES 2/25/13

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

 

ADJOURNMENT

The meeting adjourned at 10:15 p.m.

 

Respectfully submitted:  Jodi Candlin, Town Clerk





TOWN OF SILVER PLUME

BOARD OF TRUSTEES

RECORD OF PROCEEDINGS

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.

 

BILLS PAYMENT

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

 

MOTION TO APPROVE AGENDA

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

 

PUBLIC COMMENT

None.

 

CINDY NEELY I-70 UPDATE

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.

 

REPORT OF THE MAYOR

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. 

 

ACTION AGENDA 

                
               SECOND READING STREET ORDINANCE 
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.  

 

APPROVAL OF WATERSHED ORDINANCE 
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.  
 
XCEL FRANCHISE AGREEMENT
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.  
 

            COMMITTEE REPORTS 

UCCWA

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. 

 

DRCOG

None.

 

SEWER COMMITTEE

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. 

 

STAFF REPORTS 

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

None.

 

 ADMINISTRATIVE ITEMS

 

            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. 

 

 APPROVAL OF MINUTES 2/11/13

 

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. 

 

ADJOURNMENT

The meeting adjourned at 9:00 p.m.

 

Respectfully submitted: 

 

Jodi Candlin, Town Clerk

 




TOWN OF SILVER PLUME

BOARD OF TRUSTEES

RECORD OF PROCEEDINGS

FEBRUARY 11, 2013

 

The Silver Plume Board of Trustees met on Monday, February 11, 2013, at its regularly scheduled meeting at the Small Town Hall.  Mayor Lyssy called the meeting to order at 7:05 p.m.

The following roll was recorded:

Fred Lyssy                  present

Earl Ballard             present

Jeff Best         present 

Curt Osborne                excused

Eben Mond                   absent

Nicholas Regester         present

Scott Shafer                   absent

 

Others present:  Fire Chief Kelly Babeon and staff Rick Gaubatz and Jodi Candlin.

 

BILLS PAYMENT

Ballard made a motion to approve the bills list except for the Clear Creek Fire Authority until such time as the town holds an election and receives approval to increase the mil levy to fund its municipal revenue payments to the Clear Creek Fire Authority.   Regester seconded and the motion passed.

 

Discussion was held about the Clear Creek Fire Authority bill and per Fire Chief Babeon, the IGA was amended and is not a new agreement, therefore, members of the C.C.F.A. have three years to become current on their payments.  Fire Chief Babeon would like to hold a work session with the board to put an increase on the ballot for the mil levy to pay for the IGA.  It was also discussed that the town bills the State Historical Society for days the train is open to help pay the municipal revenues for the IGA.  They agreed to this some years ago because they do not pay property taxes to help offset the impact they have on the town.  J. Candlin just billed them but has not received a check yet and cautioned the board that the State Historical Society usually delays paying.  The board suggested that they get billed quarterly instead of yearly. 

 

MOTION TO APPROVE AGENDA

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

 

PUBLIC COMMENT

None.

 

REPORT OF THE MAYOR 

Mayor Lyssy requested that the county mapping department make a new map of Silver Plume that shows zoning, lot lines, house numbers and infrastructure (sewer, gas and water lines) on R. Gaubatz' advice.  R. Gaubatz also suggested having the county make a plat map with the help of GMS, Inc. which they have agreed to do.  R. Gaubatz wondered if there is community planning money from either DRCOG or DOLA to help fund an updated zoning ordinance and Mayor Lyssy told him DOLA requires a 50% match and that the town attorney, Barbara Green,  would charge $20,000 so the town needs $10,000.  Since that is not possible at this time, B. Green may be able to contribute her part as in-kind.  N. Regester discussed that CDOT has extra money for proposals for local projects in CDOT's realm and the town may be able to apply for and use that money for this project.  N. Regester will see if he can find out more information on this funding source.  R. Gaubatz suggested that CDOT might want to use that money to help the town fix the water line that runs from the water plant to the town because it presently runs under the highway.  E. Ballard asked the mayor and the board about writing a letter of support on Georgetown Community School's behalf to help them get grant money to replace their playground equipment.  The board was in support of this and E. Ballard volunteered to write the letter.  Mayor Lyssy then reported on Henderson Mine and that they have produced eight million tons of moly; they have 360 employees, they feel confident they can mine moly until 2026, the company is profitable and 75% of the moly mined in the United States is used in steel production.  They also have grant money available and asked that the community let them know of pressing needs that they may be able to help fund with grant money. 

 

ACTION AGENDA 

                
               SECOND READING STREET AND SIDEWALK ORDINANCE 
Based on comments at the last meeting regarding sidewalks and R. Gaubatz' ideas about the street ordinance, Mayor Lyssy only wants to pass weight and length limits.  Mayor Lyssy asked that the Street and Sidewalk Ordinance be formally withdrawn.
Ballard made a motion to formally withdraw the Street and Sidewalk Ordinance.  Best seconded and the motion passed unanimously.  
 
Mayor Lyssy created a new Street Ordinance with weight and length limits and introduced the new ordinance with its first reading tonight.  The board reviewed it and made changes.  Mayor Lyssy asked that the second reading of this ordinance be put on the next agenda.
 
APPROVAL OF WATERSHED ORDINANCE 
The first and second reading of the Watershed Ordinance has been completed and is ready for approval.  
Best made a motion to table approval of the Watershed Ordinance to the next agenda.  Regester seconded and the motion passed unanimously.  
 

INFORMATIONAL ITEMS  

 

            DISCUSSION ON SARAH FRANKLIN PATH OFFER

Mayor Lyssy sent Sarah Franklin a letter regarding use of the path behind Large Town Hall on Thursday, January 24, 2013, letting her know the board was working on the path issue and would have a resolution by June 30, 2013.  The board discussed different options such as trading part of Willis St. for the path, building a new path in a new spot or purchasing it for what it is worth.  Jeff Best wrote down a list of the possible options for future discussion.  Mayor Lyssy spoke to realtor Dana Abrahamson and she will do a realtor's assessment of the path by the end of March. 

 

            COMMITTEE REPORTS 

Mayor Lyssy attended the Economic Development Corp. meeting; Todd Lancaster, Clear Creek School District Superintendent, spoke at the meeting and discussed that Clear Creek is competing with Jefferson County schools and he is working on building character traits that are important as well as working on test scores.  Each student must complete 40 hours of community service before they graduate and Mayor Lyssy suggested that they might be able to create a display at the George Rowe Museum or research the town minutes and write a report on something of interest.  The exhibits at the museum stop at 1915 so it might be fun for the kids to create a display of what has happened in town more recently.  R. Gaubatz suggested having them do something like re-roof the jail or hose cart house.  N. Regester will attend the next Fire Authority meeting at which will be discussed loss of Silver Plume voting rights and the Fire Authority renting the firehouse as a Silver Plume owned building.  Fire Chief Babeon reiterated that the IGA is not new but amended and that rent for the firehouse goes to the authority. 

 

STAFF REPORTS 

R. Gaubatz and J. Candlin would like the board to approve a resolution that gives the Public Works Director and Town Clerk authorization to turn off water in the event of a foreclosure. 

 

            WORK SESSION

R. Gaubatz created a map that shows landscaping encroachments onto town owned lands and will continue working on it to find a solution to those encroachments.

 

 ADMINISTRATIVE ITEMS

 

            APPROVAL OF MINUTES 1/28/13

Best made a motion to table approval of the January 28, 2013 minutes to the next agenda.  Ballard 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. 

 

ADJOURNMENT

The meeting adjourned at 10:30 p.m.

 

Respectfully submitted: 

Jodi Candlin, Town Clerk




 

TOWN OF SILVER PLUME

BOARD OF TRUSTEES

RECORD OF PROCEEDINGS

JANUARY 28, 2013

 

The Silver Plume Board of Trustees met on Monday, January 28, 2013, at its regularly scheduled meeting at the Small Town Hall.  Mayor Lyssy called the meeting to order at 7:01 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                   excused

 

Others present:  Stormy Culp, Cuddy Donovan, Rosalie Bianco, Susan Hallet, Sarah Walen, Billy McCormick, George Downing, Tim McDonough and staff Jodi Candlin.

 

BILLS PAYMENT

Ballard made a motion to approve the bills list.  Regester seconded, Best abstained and the motion passed.

 

Mayor Lyssy discussed the agenda items and let the board know that Rick Gaubatz has suggested the street and sidewalk ordinance needs more work and would like to review it and have input on it. The watershed ordinance was written by the town attorney and has technical and legal language.  R. Gaubatz has discussed that the town has a watershed ordinance from 1976 and this new ordinance would supersede it. 

 

MOTION TO APPROVE AGENDA

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

 

PUBLIC COMMENT

Sarah Walen told the board that she is glad they are doing a watershed ordinance and thanked them for their hard work.  There was an 18-wheeler truck going to the pellet mill the previous week and was using the wrong route.  The truck driver went over the Woodward St. bridge and tried to turn left to go to the pellet mill and could not make the turn.  He almost hit her car and she said she could move her car but not her house.  Stormy Culp and Rosalie Bianco, pellet mill owner, addressed this and let her know that she was doing business with a few new vendors and they had gotten the incorrect

 

directions from Google.  This rarely happens as all her vendors are instructed to use the service road and not to enter town.  In addition, the mill calls them to remind them of the correct way to get to the mill.  They also are instructed to call the mill as they are getting close to the mill on I-70 and they are reminded of the correct route and instructed again not to go through town for any reason.   

 

REPORT OF THE MAYOR 

Mayor Lyssy discussed the Twin Tunnels project and that more and more activity is happening.  This project will last for 18 months or so and blasting will begin in April.  At that time, the frontage road will be in use.  He asked J. Candlin to post the lane closure reports at the Post Office.  At the Mayor's and Board of County Commissioner's meeting, the road improvement tax that was approved some years ago may go on the ballot to ask for more time as there are still roads that need to be improved.  The Clear Creek County Youth Awards were discussed which are given to teens facing adversity and overcoming it in a positive way.  School counselors are usually the ones who identify these kids and recommend them for these awards.  The awards are pending now and the county and some of the municipalities are donating money for this program.  The town does not have money in the budget for this but Mayor Lyssy said there might be ways for the town to collect voluntary donations.

 

ACTION AGENDA 

                
               SECOND READING STREET AND SIDEWALK ORDINANCE 
E. Ballard does not see any significant changes from last time.  The ordinance will protect the town's infrastructure by limiting the weight limits.  People can make improvements to their sidewalks and they are required to keep them clean of snow, dirt, gravel, unlicensed vehicles are prohibited from parking on the streets.  The ordinance is on the website.  There won't be any action on this agenda tonight per R. Gaubatz' proposed changes.  Rosalie Bianco discussed that the trucks that come to the pellet mill weight 80,000 pounds and this will impact the pellet mill.  Mayor Lyssy said the board does not have any answers tonight and this ordinance needs to be done that does not single out any businesses.  N. Regester talked about the sidewalk section and that there are not many and what is designated as a sidewalk.  He feels the definition of sidewalk needs to be better defined.  
 
               SECOND READING WATERSHED ORDINANCE 
The Watershed Ordinance is on the website and this constitutes the second reading of the ordinance.  There is no controversy associated with this ordinance and the board will vote for approval on the next agenda.  
 

INFORMATIONAL ITEMS  

 

            PELLET MILL PLANNED CHANGES – ROSALIE BIANCO

Rosalie Bianco asked the board if signs could be put up to better direct semi trucks to the mill the proper route and that she would pay for them.  Mayor Lyssy believes the town adopted a uniform sign code and will speak to R. Gaubatz about this and what type of signs to install.  R. Bianco then discussed with the board that she is working on a plan to begin chipping off site and should start in February.  Her goal is to chip 100% off site but that may not always be possible due to unforeseen circumstances and right now plans on chipping 50% off site. The chips will come in a chipping truck, be dumped onto a conveyor belt, sent into the mill where they will be turned into pellets and packaged.  This will hopefully work better not only for the pellet mill but for the town as this will be a quieter and cleaner operation.  Logs and the chipper will still always need to be on site in case something happens to the off site chipping plan or unforeseen circumstances.  The chipper trucks will unload the chips in about 20 minutes onto the conveyor belt; this will not change the number of trucks that will still go to the pellet mill in response to a board member's question. The new conveyor for this chipping operation will not be completed until Feb 22 and then will have to be delivered. Until then, a smaller conveyor will be fed by a front end loader.  The blower will be removed from the chipper on site to further reduce noise and dust. The chips are being delivered from a sawmill in Parshall and other sites, and if the logging sites are large enough, chipping will occur there off site.  

R. Bianco discussed the decibel levels and that she measurers them from the street in front of  Eben Mond's house and behind his house on the public trail and the levels range from 65 db to 70 db.  When the chipper is off, the levels are the same due to the noise from the highway. Rosalie is making positive changes as quickly as she can to continue to better the relationship between the mill and the town.  She then discussed with the board a landscaping plan she has designed and showed them computer drawings.  They include walls, trees, mounds and chips for mulch.  She wants to beautify the pellet mill site and invited E. Mond to provide additional advice on irrigation since he was concerned about it.  Mayor Lyssy said the board is ok with the landscaping plan as long as it does not encroach onto town streets.  He would like to make a site visit to the pellet mill to better understand the landscaping plan which will occur later in the week with any board members willing to attend.  The landscaping wall will start at Darrel and Rebeka Whitney's house and R. Bianco is doing this project to beatify and benefit the town and to create a landscaped barrier for the same reason.  C. Osborne asked if chipping off site will be economically feasible for the mill and she said it would be as long as the moisture content is manageable.  Her goal is to reduce chipping on site to as little as possible because it is necessary to chip right up until 7:00 p.m.to make production through the night possible.  Off site chipping would help to reduce that or eliminate it if possible.   

E. Mond let her know that the door that faces east on the pellet mill is not closed all of the time and wondered why.  R. Bianco said there is no reason and that she would make sure it is closed at night. R. Bianco would also like to create a mulch pile that would be available for town residents to use at no charge (not near the creek) using organic materials.  This mulch could be used to beautify yards, for flowers and trees.  She next discussed the possibility of installing a gate on Main St. where the industrial zone meets the residential zone.  This would make a clear distinction between the Industrial part of Silver Plume and the Residential part of Silver Plume. Mayor Lyssy said he was not in favor of this due to the fact that people will perceive they can't drive all the way through Main St.  Mayor Lyssy discussed that the pellet mill is storing pellets on Burleigh St. which is encroaching on town owned streets.  Per Rick Gaubatz, this encroachment has caused the town's HUTF (Highway Users Tax Funds) funds to be docked.  Burleigh Street runs directly in front of the front door of the mill, and pellets are stored there only to be loaded. There is no mechanism for complaints that the town receives about the pellet mill and the board would like to have an agreement with the pellet mill to address these sorts of items.  Mayor Lyssy's idea is to pull items from the minutes and write up an agreement for the benefit of both the mill and the town.  R. Bianco said she is willing to participate in working on an agreement and is willing to attend board meetings to address complaints.  Billy McCormick spoke to the board and R. Bianco about the industrial interface with the residential interface.  He is concerned about fires and explosions at the pellet mill and urged the board to look at the reality of what is at the east end of town.  He wants to make sure there is defensible fire space and that emergency vehicles can access all parts of the mill.  The board needs to think about the health and well being of the town.  He has never seen a lumber mill/pellet mill so close to a residential area and feels that the timber piles have no restriction to access and are an attractive hazard, especially to children.  R. Bianco addressed this and said the mill chose to install augers instead of air systems to move the material around the plant to minimize fire hazard.  The cyclones use small runs of air systems and Rosalie is looking into putting in blow out panels to be extra safe.  Logs are stored next to the creek; the logloader is moveable and is not in fire lanes per Kelly Babeon, Clear Creek Fire Chief.  The landscaping plan will also help in that it will prevent people from walking into the log and chipping area.  E. Mond discussed that she may want to landscape the back part of the property that is against the creek since people do fish in the creek.  C. Osborne discussed that R. Bianco has lots of good ideas and the most important to him are chipping off site, dust plumes and grinding until 9:45 p.m. which has a huge effect and impact on the west end of town.  R. Bianco would like the town and the pellet mill to communicate better; things happen and they shouldn't.  There have been negative videos posted on the internet about the Silver Plume pellet mill by a few people on the west end of town.  Although they are not affecting her business, she would like anyone who has a problem to contact her directly instead of posting a video. She has

provided her personal phone number.  She continues to work towards positive improvement like off site chipping, and direct communication would encourage more good things rather than creating animosity.   Mr. Osborne referred to the 2009 reviewed and approved minutes in which Ms. Bianco stated that there would be no noise and no dust emanating from the pellet mill.  Mr. Osborne asked why this promise hadn't been kept, and Ms. Bianco stated that the Board and Clerk obviously were mistaken in those minutes.  Mr. Ballard stated to Mr. Mond and Mr. Osborne that he had done a thorough visit of the west end and heard no noise and saw no dust.  Mr. Osborne reminded the board that this is exactly why residents need to continue documenting, with audio and video, what is happening at the west end.  Mayor Lyssy said there is an urgency to get this agreement started and R. Bianco said to let her know when he wants to start.  J. Best said that he can hear the blower motor at 2:00 a.m. and asked if there was a phone number he could call at the pellet mill; R. Bianco wants him to call her.  N. Regester asked if any kind of fire retardant could be used in the landscaping plan to prevent the spread of fire, perhaps cinderblocks.  E. Mond suggested sprinkler heads and pipes and a flexible pipe to the creek (which may or may not be allowed), berms, trees and indigenous plants and a watering plan. 

 

LETTER FROM SARAH AND WILSON FRANKLIN RE: USE OF PATH BEHIND LARGE TOWN HALL

Sarah and Wilson Franklin sent a letter to the town regarding the use of the path behind Large Town Hall which they own.  The path is used as an emergency egress as well as an ADA path.  The Franklin's letter said the path is for sale for $15,000 and if the town does not purchase it, the path is no longer available for use.  The Franklin's also gave a deadline of February 15, 2013. Mayor Lyssy will write a letter to the Franklin's letting them know that the deadline does not give the town enough time for a resolution. 

 

            COMMITTEE REPORTS 

N. Regester attended the Clear Creek Fire Authority meeting and reported that Kelly Babeon is moving into the Silver Plume Firehouse and will pay rent in the amount of $450 per month.  He does not know who the rent money is being paid to and the board discussed that is owes the Fire Authority $10,000 and wondered if this money could be applied to the debt that the town owes.  N. Regester also discussed that he was informed   

he could not vote because the town is not current with its payments.  The board discussed that since this is a new agreement, the town is not in arrears enough to not have a vote.  E. Mond discussed the air quality, dust and odor from the pellet mill.  The smell of pine is now consistent and he is concerned about what he and his wife may be inhaling.  He has done research on beetle kill and found that the blue stain they produce is fungus and wants to know if it's harmful to breathe in.  He also discussed that there is no buffer between the pellet mill and residences and wonders of the board is ok with what is occurring at the pellet mill.

 

STAFF REPORTS 

None.

 

  WORK SESSION

 

            DISCUSSION BETWEEN TRUSTEES, ZONING, PLANNING AND BOARD OF ADJUSTMENT RE: LAND             USE

Mayor Lyssy wrote a document about the different zoning in town, that a clear process and steps need to be outlined to make it more clear for applicants and the town.  The town attorney believes that the town only needs two boards, not the four there are now

because some duties may overlap.  The town is vulnerable with its current zoning ordinance and does not want any more lawsuits.  The zoning ordinance needs to be updated to protect the town, its residents, individuals, landowners and businesses.  George Downing is in favor of writing a new ordinance and is willing to be part of the process.  Mayor Lyssy has spoken to Rick Caldwell about this and he is willing to work on this as well. 

 

 ADMINISTRATIVE ITEMS --  

            APPROVAL OF MINUTES 1/14/13

Ballard made a motion to approve the minutes from January 14, 2013. Osborne seconded, Regester abstained and the motion passed.

 

ADJOURNMENT

The meeting adjourned at 10:12 p.m.

 

Respectfully submitted: 

 

Jodi Candlin, Town Clerk