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TOWN OF DEER TRAIL, COLORADO

BOARD OF TRUSTEES

Regular Meeting

January 3, 2006

CALL TO ORDER

The Board of Trustees of the Town of Deer Trail met in regular session on Tuesday, January 3, 2006 at the Town Hall, 555 Second Avenue, Deer Trail, Colorado. Mayor Jim Johnson called the meeting to order at 7:03 p.m.

ROLL CALL

Mayor Jim Johnson

Trustees Present: Gary Lavoie, Russell Ness, Cody Stoumbaugh, Tami Stoumbaugh, Dutch Venter

StaffPresent: Patti Owens, Town Clerk; Randy Eldringhoff, Maintenance

APPROVAL OF AGENDA

TRUSTEE T. STOUMBAUGH MOVED, TRUSTEE C. STOUMBAUGH SECONDED to add an item to Unfinished Business - Wastewater Project and delete one item from Unfinished Business - Ordinance 231 IREA Franchise Agreement. The motion carried.

PUBLIC HEARING

TRUSTEE LAVOIE MOVED, TRUSTEE T. STOUMBAUGH SECONDED to open the public hearing for the 2003 Model Traffic Code. Voting was as follows:  YES: Johnson, Lavoie, Ness, C. Stoumbaugh, T. Stoumbaugh, Venter  NO: None  ABSTAIN: None  ABSENT: Wood

The motion carried.

The Town Clerk entered the following exhibits into the record:

-Copy of Ordinance 229

-Copy of Notice of Public Hearing

-Proof of Publication of Notice of Public Hearing

No comments were offered.

TRUSTEE T. STOUMBAUGH MOVED, TRUSTEE LAVOIE SECONDED to close the public hearing. Voting was as follows:  YES: Lavoie, Ness, C. Stoumbaugh, T. Stoumbaugh, Venter, Johnson  NO: None  ABSTAIN: None  ABSENT: Wood

The Mayor declared the motion carried.

TRUSTEE T. STOUMBAUGH MOVED, TRUSTEE LAVOIE SECONDED to adopt Ordinance 229 for the regulation of traffic by the Town of Deer Trail, adopting by reference the 2003 edition of the Model Traffic Code and providing penalties for violations. Voting was as follows:  YES: Ness, C. Stoumbaugh, T. Stoumbaugh, Johnson, Lavoie  NO: Venter  ABSTAIN: None  ABSENT: Wood

The Mayor declared the motion carried.

APPROVAL OF THE MINUTES

TRUSTEE LAVOIE MOVED, TRUSTEE C. STOUMBAUGH SECONDED to approve the December 6, 2005 regular meeting minutes, and the December 12 and December 15 special meeting minutes. The motion carried.

PUBLIC COMMENTS

Kathy Reid stated that her sewer bill has more than doubled and she thinks it is too high. She believes she is being overcharged. The Board and the Town Clerk explained the sewer billing system.

REPORTS

Water & Sewer

-Readings

The Town Clerk reported water usage for the month of December, 2005 was 1,772,400 gallons. The sewer flow meter recorded influent flow readings of 52,501 gallons per day and effluent readings of 29,343 gallons per day.

Town Clerk's Report

The Town Clerk reported that she is working on the upcoming municipal election to be held on Tuesday, April 4.

APPROVAL AND PAYMENT OF BILLS

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

YES: C. Stoumbaugh, T. Stoumbaugh, Venter, Johnson, Lavoie, Ness  NO: None  ABSTAIN: None  ABSENT: Wood

The Mayor declared the motion carried.

UNFINISHED BUSINESS

East Bijou Estates

The Board reviewed information from Town Attorney Stan Kimble regarding the cost recovery agreement with East Bijou Estates. Kimble suggests that Glenn Kunkel prepare the cost recovery agreement and then submit it to him and to the Board for review. The Board also reviewed Kimble's comments on the subdivision's Declaration of Protective Covenants. Trustee T. Stoumbaugh asked if licensing requirements for dogs and cats could be included in the covenants. The Town Clerk or Mayor Johnson will contact Kunkel.

Ordinance 232 - Levying Sales and Use Tax

TRUSTEE T. STOUMBAUGH MOVED, TRUSTEE LAVOIE SECONDED to approve Ordinance 232, 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 an April 4, 2006 regular election.  Voting was as follows:  YES: T. Stoumbaugh, Venter, Johnson, Lavoie, Ness, C. Stoumbaugh  NO: None  ABSTAIN: None  ABSENT: Wood

The Mayor declared the motion carried.

Mobile Home Regulations

The Board reviewed several ordinances from other towns regarding mobile home regulations.

TRUSTEE LAVOIE MOVED, TRUSTEE NESS SECONDED to table decisions on mobile home regulations until the February 7 regular board meeting. The motion carried.

Wastewater Project

TRUSTEE LAVOIE MOVED, TRUSTEE C. STOUMBAUGH SECONDED to approve Outlay Report #13 in the amount of $6,567.89. Voting was as follows:  YES: Johnson, Lavoie, Ness, C. Stoumbaugh, T. Stoumbaugh  NO: Venter  ABSTAIN: None  ABSENT: Wood

The Mayor declared the motion carried.

TRUSTEE LAVOIE MOVED, TRUSTEE C. STOUMBAUGH SECONDED to approve the Resolution of Acceptance pertaining to the work done by Interstate Irrigation. Voting was as follows:  YES: Johnson, Lavoie, Ness, C. Stoumbaugh, T. Stoumbaugh  NO: Venter

ABSTAIN: None  ABSENT: Wood

The Mayor declared the motion carried.

NEW BUSINESS

Resolution 06-01 - Public Posting Places

TRUSTEE NESS MOVED, TRUSTEE LAVOIE SECONDED to approve Resolution 06-01 designating three public places for the posting of public meetings of the Deer Trail Board of Trustees. Voting was as follows:  YES: Lavoie, Ness, C. Stoumbaugh, T. Stoumbaugh, Venter, Johnson  NO: None  ABSTAIN: None  ABSENT: Wood

The Mayor declared the motion carried.

The three public posting places will be: the Town Hall, The Corner, and the Post Office.

Resolution 06-02 - Personnel Policy

An item addressing use of the Town's cell phone will be included in the personnel policy.

TRUSTEE T. STOUMBAUGH MOVED, TRUSTEE LAVOIE SECONDED to approve resolution 06-02 adopting certain revisions to the Town's personnel handbook. Voting was as follows:  YES: Ness, C. Stoumbaugh, T. Stoumbaugh, Johnson, Lavoie  NO: Venter  ABSTAIN: None  ABSENT: Wood

The Mayor declared the motion carried.

Elks' Special Events Permit

TRUSTEE LAVOIE MOVED, TRUSTEE T. STOUMBAUGH SECONDED to approve the Elks' special events permit for January 28, 2006. Voting was as follows:  YES: C. Stoumbaugh, T. Stoumbaugh, Venter, Johnson, Lavoie, Ness  NO: None  ABSTAIN: None  ABSENT: Wood

The Mayor declared the motion carried.

Tree Removal

In order to install a chain link fence around the lift station at First Ave. and Ivy St., two trees must be removed to the stump. Mayor Johnson presented a bid from Vision Services for $675.

TRUSTEE VENTER MOVED, TRUSTEE LAVOIE SECONDED to remove the two trees at First Ave. and Ivy St. at a cost of $675. Voting was as follows:  YES: Venter, Johnson, Lavoie, Ness  NO: None  ABSTAIN: T. Stoumbaugh, C. Stoumbaugh  ABSENT: Wood

The Mayor declared the motion carried.

Employee Evaluations

Mayor Johnson conducted employee evaluations on Thursday, Dec. 29 and Friday, Dec. 30.

TRUSTEE LAVOIE MOVED, TRUSTEE T. STOUMBAUGH SECONDED to go into executive session for discussion of a personnel matter under C.R.S. Section 24-6-402(2)(f) and not involving: any specific employees who have requested discussion of the matter in open session; any member of this body or any elected official; the appointment of any person to fill an office of this body or of an elected official; or personnel policies that do not require the discussion of matters personal to particular employees. Voting was as follows:  YES: Johnson, Lavoie, Ness, C. Stoumbaugh, T. Stoumbaugh  NO: Venter  ABSTAIN: None  ABSENT: Wood

The Mayor declared the motion carried.

Maintenance employee Randy Eldringhoff was invited into executive session that began at 7:48 p.m.

The regular meeting reconvened at 8:02 p.m.

Town Clerk Patti Owens requested her evaluation be reviewed in the public meeting.

The Board reviewed the Town Clerk's evaluation.

TRUSTEE T. STOUMBAUGH MOVED, TRUSTEE LAVOIE SECONDED to give the Town Clerk a five percent raise. Voting was as follows:

YES: Venter, Johnson, Lavoie, Ness, C. Stoumbaugh, T. Stoumbaugh  NO: None  ABSTAIN: None  ABSENT: Wood

The Mayor declared the motion carried.

TRUSTEES' COMMENTS

Trustee Lavoie presented information on the cost of a chain link fence surrounding the sewer lagoon, approximately 2,075 feet. No action was taken.

ADJOURNMENT

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

The regular meeting was adjourned at 8:12 p.m.

______________________________

James Johnson, Mayor

ATTEST

______________________________

Patti K. Owens, Town Clerk