The Board of Trustees of the Town of Deer Trail met in regular session on Tuesday, August 3, 2004 at the Town Hall, 555 Second Avenue, Deer Trail, Colorado. Mayor Tink Rector called the meeting to order at 7:02 p.m.

Mayor: Tink Rector  Trustees Present: Gary Lavoie, Russell Ness (7:27 p.m.), Tami Stoumbaugh, Dutch Venter, Melvin Wood

Staff Present: Patti Owens, Town Clerk, Randy Eldringhoff, Maintenance

Public Present: J.V. Smith, Jody Boydston-Johnson, Bob Sanger, Susan Rector, Ron Schaffer, Lucinda Boyd, Kendra Boyd, David Boyd, Cameron Miller, Bertha Rector

The Town Clerk added an item to Public Participation: Building Permit.

TRUSTEE STOUMBAUGH MOVED, TRUSTEE LAVOIE SECONDED to approve the agenda with an addition. The motion carried.

TRUSTEE STOUMBAUGH MOVED, TRUSTEE WOOD SECONDED to approve the July 6, 2004 regular meeting minutes. The motion carried.

Doug and Jody Johnson submitted a building permit for a garage at 445 Fifth Ave.

TRUSTEE LAVOIE MOVED, TRUSTEE WOOD SECONDED to approve the building permit for Doug and Jody Johnson at 445 Fifth Ave. The motion carried.

J.V. Smith was present to discuss a letter he received from the Town regarding a sewer hook-up in the alley behind his property at 774 First Ave. Mr. Smith had never contacted the Town about hooking up a trailer at that address, and the letter asked him to disconnect it immediately.

Mr. Smith told the Board he had at least two sewer taps at that address and had three water services at one time, but when the water project was done in 1999-2000, the Town did not connect one water service and he felt he was owed another service. The Town Clerk explained that only two water services had been connected during the water project because of the advice of the Town's engineer, GMS, Inc., and their statement that it was generous of the Town to reconnect two water services on a 150' lot at the Town's expense.

TRUSTEE LAVOIE MOVED to give Mr. Smith 72 hours to disconnect the sewer service. No one seconded the motion. The motion died.

Trustee Stoumbaugh stated the Board needed more information before they could make a decision.

David Boyd had questions about Town ordinances, County ordinances, and a recall election.

-Readings

The Town Clerk reported water usage for the month of July, 2004 was 3,022,400. The average sewer flow for July was 27,908 gallons per day.

TRUSTEE STOUMBAUGH MOVED, TRUSTEE WOOD SECONDED to approve the 2003 audit as submitted by Johnson, Holscher, and Co. Voting was as follows:  YES: Lavoie, Rector, Stoumbaugh, Venter, Wood  NO: None  ABSTAIN: None  ABSENT: Haight, Ness

The Town Board had requested Arapahoe County get involved in Deer Trail's code enforcement of inoperable vehicles, junk yards, unsafe buildings, and auto wrecking yards. The Board of Arapahoe County Commissioners met in executive session on Monday, July 26, and responded to the Town with an email stating, "due to our current workload and the driving distance that would be involved we would not be able to entertain your request at this time."

The Town Clerk reported to the Board that GMS, Inc. had been in contact with Colorado Department of Public Health and Environment answering questions about soil bores, dechlorination and topography at the site of the proposed sewer lagoon and odor control at the lift station as well as questions about the Town's ability to pay for the project.

The Town Clerk also reported that ten of 11 easements for sewer line replacement on Seventh Ave. had been signed and recorded. The Boyds are the only property owners that have not signed their easement.

Lucinda Boyd asked the Board for reimbursement for loss of landscaping at their property in exchange for signing the easement. The Board said that was not possible.

Trustee Ness arrived at 7:27 p.m.

TRUSTEE STOUMBAUGH MOVED, TRUSTEE VENTER SECONDED to approve the payment of the bills. Voting was as follows:

YES: Ness, Rector, Stoumbaugh, Venter, Wood, Lavoie  NO: None  ABSTAIN: None  ABSENT: Haight  The Mayor declared the motion carried.

No action was taken.

TRUSTEE NESS MOVED, TRUSTEE LAVOIE SECONDED to forego the Rodeo Run this year. The motion carried.

Four bids were received for the CDBG Street Paving Project: Mesa Paving, Pueblo, $177,542.50; Colorado Asphalt Services, Commerce City, $58,326.25; Lafarge West, Inc., Arvada, $62,467.60; and Kiewit Western, Littleton, $77,756.25. The Board questioned if all bids were based on similar specifications.

TRUSTEE LAVOIE MOVED, TRUSTEE STOUMBAUGH SECONDED to authorize Mayor Rector to make the final decision, choosing from the three lowest bidders, based upon similarity of specifications. Voting was as follows:  YES: Rector, Stoumbaugh, Venter, Wood, Lavoie, Ness  NO: None  ABSTAIN: None  ABSENT: Haight

The Mayor declared the motion carried.

The amount of money awarded by the county was $83,000.00, considerably more than the lowest bidder. The Board determined that if the County allows the Town to use the remainder of the money for more paving, the paving on Second Street would continue north of Date Street as far as possible.

TRUSTEE STOUMBAUGH MOVED, TRUSTEE LAVOIE SECONDED to adopt Ordinance 219 Levying a Retail Sales and Use Tax Within the Town of Deer trail, Establishing a Method for Collection of the Tax and Penalty for Violation, and Providing for the Submission of the Ordinance to a Vote of the Registered Electors at a November 2, 2004 Special Election. Voting was as follows:  YES: Stoumbaugh, Wood, Lavoie, Rector  NO: Venter, Ness  ABSTAIN: None  ABSENT: Haight  The Mayor declared the motion carried.

TRUSTEE LAVOIE MOVED, TRUSTEE WOOD SECONDED to adopt Resolution 04-09 - Calling a Special Election. Voting was as follows:

YES: Wood, Lavoie, Ness, Rector, Stoumbaugh  NO: Venter  ABSTAIN: None  ABSENT: Haight  The Mayor declared the motion carried.

TRUSTEE LAVOIE MOVED, TRUSTEE STOUMBAUGH SECONDED to adopt Resolution 04-10 - Approving an Intergovernmental Agreement for the Conduct of a Special Election. Voting was as follows:  YES: Wood, Lavoie, Ness, Rector, Stoumbaugh  NO: Venter

ABSTAIN: None  ABSENT: Haight  The Mayor declared the motion carried.

TRUSTEE STOUMBAUGH MOVED, TRUSTEE WOOD SECONDED to approve the Intergovernmental Agreement for Coordinated Election with Arapahoe County, November 2, 2004. Voting was as follows:  YES: Lavoie, Ness, Rector, Stoumbaugh, Wood  NO: Venter

ABSTAIN: None  ABSENT: Haight  The Mayor declared the motion carried.

TRUSTEE STOUMBAUGH MOVED, TRUSTEE WOOD SECONDED to adopt Resolution 04-11 - Adopting the 2003 Colorado Municipal Records Retention Schedule. Voting was as follows:  YES: Ness, Rector, Stoumbaugh, Venter, Wood, Lavoie  NO: None  ABSTAIN: None  ABSENT: Haight  The Mayor declared the motion carried.

Cameron Miller from Galaxy Cablevision told the Board that Galaxy Cablevision has sold its Deer Trail cable property to Champion Cable and asked the Town to transfer the franchise by resolution.

TRUSTEE STOUMBAUGH MOVED, TRUSTEE LAVOIE SECONDED to adopt Resolution 04-12 - Approving Transfer of Franchise from Galaxy Cablevision to Champion Cable or its affiliated designee. Voting was as follows:  YES: Rector, Stoumbaugh, Venter, Wood, Lavoie, Ness  NO: None  ABSTAIN: None  ABSENT: Haight  The Mayor declared the motion carried.

Mayor Rector, Trustee Venter, and the Town Clerk, as well as representatives from Deer Trail's and Byers' fire departments, went on a tour of the dog track facility at Peoria conducted by the owner, Tom Duffy on July 27. Duffy explained that since dog racing was no longer held at that facility, that in order for him to be able to use the facility for anything else, he needs an Administrative Amendment to the zoning from the county.

Mr. Duffy was specifically asking for a letter of support from the Deer Trail Fire Department, but asked that other entities submit letters as well.

TRUSTEE LAVOIE MOVED, TRUSTEE STOUMBAUGH SECONDED the Board of Trustees send a letter of support to the County on behalf of Mr. Duffy that an Administrative Amendment be included in the zoning so Mr. Duffy can use the facility for events, etc. The motion carried.

Susan Rector asked the Board what was required to extend a water main in East Ridge Addition. The Board explained that ultimately the Town's engineer would need to approve plans for the project submitted by her engineer.

Susan Rector asked the Board what was required to extend the water main from its northernmost point at the Allison property to the property line of Hawker Heights.

After review of the Town plat map it was determined that the line will run down Eighth Ave. The Board told her that her engineer would have to submit plans to the Town's engineer for approval of the project.

The Town Clerk reported sale of 56 lapel pins, and 193 mosquito dunks and thanked the Board of Trustees for allowing her to attend the Clerks' Institute in Boulder in July.

Trustee Ness asked for a stop sign and double chevron sign at Fifth Ave. and Burton St.

TRUSTEE LAVOIE MOVED, TRUSTEE STOUMBAUGH SECONDED to erect a stop sign and double chevron sign at Fifth Ave. and Burton St. The motion carried.

Trustee Lavoie asked the Maintenance Man to get bids from a couple other fence companies for the privacy fence since Continental Fence had not yet received the materials.

TRUSTEE STOUMBAUGH MOVED, TRUSTEE WOOD SECONDED to adjourn the meeting. The motion carried.

The regular meeting was adjourned at 8:23 p.m.

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Beryl H. Rector, Mayor

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Patti K. Owens, Town Clerk