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TOWN OF DEER TRAIL, COLORADO BOARD OF TRUSTEES Regular Meeting June 7, 2007
CALL TO ORDER
The Board of Trustees of the Town of Deer Trail met in regular session on Thursday, June 7, 2007 at the Town Hall, 555 Second Avenue, Deer Trail, Colorado. Mayor Jim Johnson called the meeting to order at 7:00 p.m.
ROLL CALL
Mayor Jim Johnson Trustees Present: Frank Fields Gary Lavoie Bob Sanger Tami Stoumbaugh Dutch Venter Melvin Wood
Staff Present: Patti Owens, Town Clerk
APPROVAL OF AGENDA
TRUSTEE WOOD MOVED, TRUSTEE LAVOIE SECONDED to approve the agenda. The motion carried.
APPROVAL OF THE MINUTES
TRUSTEE LAVOIE MOVED, TRUSTEE SANGER SECONDED to approve the May 8, 2007 regular meeting minutes and the May 18, 2007 special meeting minutes. The motion carried.
PUBLIC COMMENTS
Phillip Steel asked about a request he’d made about Deer Trail’s municipal court’s status as a court of record. The issue will be addressed under New Business. He also commented that Seventh Ave. was washed out and needs maintenance and the Town should address some of their own issues before taking property owners to municipal court for nuisance ordinance violations.
REPORTS
Water & Sewer The Town’s wells pumped 2,070,500 gallons of water in May, 2007.
Mayor’s Report The Mayor reported that abatement on the building containing asbestos at 692 First Ave. will begin on Monday, June 11. Trustee Sanger acknowledged the work done by the Mayor and Town Clerk to accomplish the abatement. The Mayor thanked all the applicants for interest in the Town’s maintenance man position. Darren Kunkel has been hired.
Town Clerk’s Report The Town did not receive the Open Space Grant it applied for. Notices to Proceed had been issued for the upcoming paving and drain projects. The paving project has been put out to bid. Fireworks have been ordered. Bids are being taken for installation of the chain link fence at the wastewater treatment plant. The 2006 audit will be conducted June 11-14 at the Town Hall.
APPROVAL AND PAYMENT OF BILLS
TRUSTEE LAVOIE MOVED, TRUSTEE STOUMBAUGH SECONDED to approve the payment of the bills. Voting was as follows: YES: Fields, Johnson, Lavoie, Sanger, Stoumbaugh, Venter, Wood NO: None ABSTAIN: None ABSENT: None The Mayor declared the motion carried.
UNFINISHED BUSINESS
Wastewater Project -Outlay Report
TRUSTEE STOUMBAUGH MOVED, TRUSTEE WOOD SECONDED to approve Outlay Report No. 16 in the amount of $10,095.82. Voting was as follows: YES: Johnson, Lavoie, Sanger, Stoumbaugh, Venter, Wood, Fields NO: None ABSTAIN: None ABSENT: None The Mayor declared the motion carried.
Road Base Purchase
TRUSTEE WOOD MOVED, TRUSTEE STOUMBAUGH SECONDED to approve purchase of 1,800 ton of road base from Allied Recycled Aggregate to be transported by Pirate or Myers Trucking at a total cost of $24,102. Voting was as follows: YES: Lavoie, Stoumbaugh, Venter, Wood, Fields NO: Sanger, Johnson ABSTAIN: None ABSENT: None The Mayor declared the motion carried.
NEW BUSINESS
Jockey Club Grounds Members of the Jockey Club were on hand to discuss proposed improvements at the Jockey Club Grounds. They would like the Grounds to be more accessible and be used more by the community. They would like to construct a building under the grandstands that would include restrooms, kitchen, and heating that could be used for meetings. The Jockey Club has applied for a grant from the Coors Foundation and would also like to apply for an Open Space Grant through the Town early next year. They have asked the Elks and other organizations for their support. Estimates for the cost of the facility is $164,500. IREA has pledged $2,000.
TRUSTEE STOUMBAUGH MOVED, TRUSTEE LAVOIE SECONDED to donate at least $2,000 to the Jockey Club project. Voting was as follows:
YES: Sanger, Stoumbaugh, Venter, Wood, Fields, Johnson, Lavoie NO: None ABSTAIN: None ABSENT: None The Mayor declared the motion carried.
Liquor License Renewal – PCT, Inc.
TRUSTEE LAVOIE MOVED, TRUSTEE STOUMBAUGH SECONDED to approve the renewal of the liquor license for PCT, Inc., Deer Trail 66. Voting was as follows: YES: Stoumbaugh, Venter, Wood, Fields, Johnson, Lavoie, Sanger NO: None ABSTAIN: None ABSENT: None The Mayor declared the motion carried.
Riding Mower
TRUSTEE LAVOIE MOVED, TRUSTEE STOUMBAUGH MOVED to purchase a riding mower with Open Space funds at a cost of $3,600-$4,200. Voting was as follows: YES: Venter, Wood, Fields, Johnson, Lavoie, Sanger, Stoumbaugh NO: None ABSTAIN: None ABSENT: None The Mayor declared the motion carried.
Ford Pickup
The Board discussed use of the Town’s two pickups. The 1984 Ford will be repaired and used.
Municipal Court
In response to an inquiry by Phillip Steel, the Town Clerk read information from Town Attorney Stan Kimble regarding Deer Trail’s Municipal Court’s status as a court of record. The two requirements for a qualified municipal court of record are 1) keep verbatim record of the proceedings and evidence by either electronic devices or stenographic means; and 2) the judge must be currently licensed in the practice of law in Colorado. According to Stan Kimble, Deer Trail’s Municipal Court is an official court of record.
Mr. Steel expressed his dissatisfaction with the response.
Special Meeting
The defendant in a municipal court nuisance ordinance case filed a timely appeal to the Town Board of Trustees according to Ordinance No. 233. A special meeting of the Board will be scheduled to hear the appeal. Town Attorney Stan Kimble and Code Enforcement Officer Harriet Stewart will attend.
TRUSTEE LAVOIE MOVED, TRUSTEE STOUMBAUGH SECONDED to schedule a special meeting for Thursday, June 21 at 7 p.m. at the Town Hall. Voting was as follows:
YES: Wood, Fields, Johnson, Lavoie, Sanger, Stoumbaugh, Venter NO: None ABSTAIN: None ABSENT: None The Mayor declared the motion carried.
Trustee Wood indicated he would be unable to attend because of a previous commitment.
Ordinance 239 – Amending Nuisance Ordinance
TRUSTEE STOUMBAUGH MOVED, TRUSTEE LAVOIE SECONDED to approve Ordinance No. 239 to amend Town of Deer Trail Ordinance No. 233 concerning appeals of Notices and Orders issued under the ordinance to the Deer Trail Board of Trustees. Voting was as follows: YES: Fields, Johnson, Lavoie, Sanger, Stoumbaugh, Wood NO: Venter ABSTAIN: None ABSENT: None The Mayor declared the motion carried.
The ordinance will eliminate the appeal to the Town Board, stating that “due process can best be afforded to a landowner cited under the Ordinance by allowing the Deer Trail Municipal Court Judge, as an impartial fact finder, to hear the evidence presented and to make an impartial decision based upon the evidence…an appeal to the Board would thus serve no useful purpose and would prolong ultimate and proper determination of the status of a subject property.”
TRUSTEES’ COMMENTS Trustee Wood thanked Suzy Koepke for her mowing efforts.
Trustee Lavoie expressed his relief that the building on First Ave. that contains asbestos will be coming down soon.
ADJOURNMENT
TRUSTEE STOUMBAUGH MOVED, TRUSTEE SANGER SECONDED to adjourn the meeting. The motion carried.
The regular meeting was adjourned at 7:54 p.m.
______________________________ James F. Johnson, Mayor
ATTEST
__________________________ Patti K. Owens, Town Clerk
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