The Board of Trustees of the Town of Deer Trail met in regular session on Tuesday, March 2, 2004 at the Town Hall, 555 Second Avenue, Deer Trail, Colorado. The meeting was called to order by Mayor Tink Rector at 7:00 p.m.

Mayor: Tink Rector  Trustees Present: Ralph Haight, Gary Lavoie, Russell Ness, Dutch Venter, Melvin Wood  Staff Present: Patti Owens, Town Clerk, Randy Eldringhoff, Maintenance  Public Present: Ron Schaffer, Jeff Hutt, Jennifer Reed, Glenn Kunkel, Robyn Lydick, Steve Carter

The Town Clerk added an agenda item to new business: April, 2004 Board Meeting

TRUSTEE WOOD MOVED, TRUSTEE HAIGHT SECONDED to approve the agenda with an addition to new business. The motion carried.

Mayor Rector opened the Public Hearing for the Carter Annexation at 7:05 p.m.  The Town Clerk presented the following items to the Board: Warranty Deed; four copies of an annexation map prepared by a Colorado Registered Professional Land Surveyor; Petition for Annexation accompanied by affidavit of the circulator; Resolution 03-07 finding substantial compliance for an annexation petition; Annexation Agreement; Tax Certificate; Affidavit of Proof of four weeks of publication of the notice of public hearing and full text of resolution; Warranty Deed transferring water rights to the Town; letter of permission from the Town to construct a well; and a preliminary list of expenses incurred by the Carters including publishing, legal, and postage costs.

No public comments were offered.  Mayor Rector closed the Public Hearing.

TRUSTEE WOOD MOVED, TRUSTEE NESS SECONDED to approve Resolution 04-01 finding the area proposed to be annexed eligible for annexation. Voting was as follows:  YES: Lavoie, Ness, Rector, Venter, Wood  NO: Haight  ABSTAIN: None  ABSENT: Stoumbaugh

The Mayor declared the motion carried.

TRUSTEE LAVOIE MOVED, TRUSTEE NESS SECONDED to adopt Ordinance 216 approving an annexation known as the Carter Annexation to the Town of Deer Trail. Voting was as follows:  YES: Lavoie, Ness, Rector, Venter, Wood  NO: Haight  ABSTAIN: None

ABSENT: Stoumbaugh  The Mayor declared the motion carried.

TRUSTEE LAVOIE MOVED, TRUSTEE NESS SECONDED to approve the February 3 2004 regular meeting minutes and the February 17, 2004 special meeting minutes. The motion carried.

No one in attendance had any comments.

-Readings

The Town Clerk reported water usage for the month of February, 2004 was 1,251,800. The average sewer flow for February was 37,081 gallons per day.

Because many water meters are covered by the snow from the blizzard this week, water meter readings will be estimated.

Budget reports will be available later this week after bank statements arrive and are reconciled.

TRUSTEE LAVOIE MOVED, TRUSTEE WOOD SECONDED to approve the payment of the bills except the bill to Arapahoe County for the 2004 Sheriff's Agreement. Voting was as follows:  YES: Ness, Rector, Venter, Wood, Lavoie  NO: None  ABSTAIN: Haight  ABSENT: Stoumbaugh  The Mayor declared the motion carried.

TRUSTEE LAVOIE MOVED, TRUSTEE WOOD SECONDED to approve Resolution 04-02, approving and designating The Brown Derby, Titus Drugstore, and Farmers' State Bank as historic sites/landmarks for preservation within the Town of Deer Trail. Voting was as follows:  YES: Rector, Venter, Wood, Haight, Lavoie, Ness  NO: None  ABSTAIN: None  ABSENT: Stoumbaugh  The Mayor declared the motion carried.

TRUSTEE WOOD MOVED, TRUSTEE LAVOIE SECONDED to contact Stan Kimble by letter to see if he would be the Town's legal counsel during the sewer project, with a possibility of being the Town's permanent legal counsel. The motion carried.

-Resolution to Publish by Title

TRUSTEE LAVOIE MOVED, TRUSTEE HAIGHT SECONDED to approve Resolution 04-03 submitting a proposed ballot question, Publishing Ordinances by Title Only, to a vote of the registered electors of the Town of Deer Trail. Voting was as follows:  YES: Venter, Wood, Haight, Lavoie, Ness, Rector  NO: None  ABSTAIN: None  ABSENT: Stoumbaugh  The Mayor declared the motion carried.

-Term Limit Resolution

TRUSTEE LAVOIE MOVED, TRUSTEE NESS SECONDED to approve Resolution 04-04 submitting a proposed ballot question, Term Limitations, to a vote of the registered electors of the Town of Deer Trail. Voting was as follows:  YES: Wood, Haight, Lavoie, Ness, Rector, Venter  NO: None  ABSTAIN: None  ABSENT: Stoumbaugh  The Mayor declared the motion carried.

-Resolution for Judges' Selection and Pay

TRUSTEE LAVOIE MOVED, TRUSTEE HAIGHT SECONDED to approve Resolution 04-05 authorizing the Town Clerk to appoint election judges for Deer Trail's 2004 municipal election to be held on April 6, 2004 and establishing a rate of pay. Voting was as follows:  YES: Haight, Lavoie, Ness, Rector, Venter, Wood  NO: None  ABSTAIN: None ABSENT: Stoumbaugh The Mayor declared the motion carried.

-Sales Tax Ordinance

The Town Attorney contacted the Town Clerk today and said it is too late for the Town to adopt a Sales Tax Ordinance placing the issue on the April 6, 2004 ballot. The ordinance had not been passed at an earlier meeting because of wording on a TABOR issue timeline developed by the attorney and sent to the Town reading, "At the February Town Board meeting, the Board should place on the April ballot any questions for the voters. The clerk must have the official ballot printed and in her possession no later than March 26. Therefore, if the ballot printer can print the ballot between the March Board meeting and March 26^th, this deadline could be moved to March 2, 2004." No mention was made of a February deadline for a TABOR issue.

-Easements

(1) Reed

Kalvin Reed has not yet returned his signed easement agreement for the 30'x30' area on his property on which the new lift station will be located. The original agreement offered Reed $500 for the easement. Several Board members expressed concern that that was not enough money. TRUSTEE LAVOIE MOVED, TRUSTEE HAIGHT SECONDED to authorize up to $1,000 for the 900 sq. ft. easement for the lift station. Voting was as follows:  YES: Lavoie, Rector, Wood, Haight NO: Ness, Venter ABSTAIN: None  ABSENT: Stoumbaugh  The Mayor declared the motion carried.

(2) Pelton

Jackie Pelton has not yet returned her signed easement agreement for the sewer line running on her property from Town limits to the lagoon. She requested some adjustments to the original easement agreement including the Town give her the property on which the lagoon is now located, but will be abandoned, and asking for $100/day for every day beyond the six-month deadline allowed for reseeding.  TRUSTEE LAVOIE MOVED, TRUSTEE NESS SECONDED to stand by the original easement agreement with Jackie Pelton written by GMS, Inc. Voting was as follows:  YES: Ness, Wood, Haight, Lavoie  NO: Rector, Venter  ABSTAIN: None  ABSENT: Stoumbaugh  The Mayor declared the motion carried.

At 8:02 p.m., the Board took a seven-minute break.

The meeting was reconvened at 8:09 p.m.

TRUSTEE WOOD MOVED, TRUSTEE LAVOIE SECONDED to approve the building permit submitted by Alan Pisel at 564 Tenth Ave. The motion carried.  Pisel will be informed that it is his responsibility to install the water and sewer at that address.

TRUSTEE HAIGHT MOVED, TRUSTEE LAVOIE SECONDED to donate $400 to the American Legion. Voting was as follows:  YES: Rector, Venter, Wood, Haight, Lavoie, Ness  NO: None ABSTAIN: None  ABSENT: StoumbaughThe Mayor declared the motion carried.

TRUSTEE HAIGHT MOVED, TRUSTEE LAVOIE SECONDED to approve the $1,200 bid from Midwest Tank to wash out, inspect, and disinfect our 325,000 gallon water tank in 2004. Voting was as follows: YES: Venter, Wood, Haight, Lavoie, Ness, Rector  NO: None

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

TRUSTEE LAVOIE MOVED, TRUSTEE WOOD SECONDED to approve the 2004 Agreement for Services with Arapahoe County for law enforcement at a cost of $12,878.12. Voting was as follows:  YES: Wood, Haight, Lavoie, Ness, Rector  NO: Venter  ABSTAIN: None

ABSENT: Stoumbaugh  the The Mayor declared the motion carried.

Ralph Haight resigned as the Town's water operator. Randy Eldringhoff is certified and would like the position.

TRUSTEE WOOD MOVED, TRUSTEE VENTER SECONDED to go into executive session for discussion of a personnel matter under C.R.S. Section 24-6-204(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. The motion carried.

The Board went into executive session at 8:26 p.m.

The open meeting reconvened at 8:47 p.m.

TRUSTEE LAVOIE MOVED, TRUSTEE NESS SECONDED that Randy Eldringhoff be the Town's certified water operator beginning March 1, 2004 with a salary of $150/month. Voting was as follows:  YES: Lavoie, Ness, Venter  NO: Haight, Rector, Wood  ABSTAIN: None

ABSENT: Stoumbaugh  The motion died.

TRUSTEE WOOD MOVED, TRUSTEE LAVOIE SECONDED that Randy Eldringhoff be the Town's certified water operator beginning March 1, 2004 with a salary of $175/month. Voting was as follows:  YES: Lavoie, Rector, Wood, Haight  NO: Ness, Venter  ABSTAIN: None

ABSENT: Stoumbaugh  the The Mayor declared the motion carried.

TRUSTEE HAIGHT MOVED, TRUSTEE LAVOIE SECONDED to evaluate Randy Eldringhoff in six months. The motion carried.

The April, 2004 regular board meeting cannot be held on the first Tuesday in April because of the Town's municipal election.

TRUSTEE LAVOIE MOVED, TRUSTEE NESS SECONDED to hold the April regular board meeting on Tuesday, April 13, 2004 at 7:00 p.m. The motion carried.

The Board received correspondence from the local daycare stating it would be closing its doors as of June 1, 2004. 

The Town Clerk presented the Board with a letter from Arapahoe County announcing the County Commissioners' approval of a total of $83,000 in grant money for street paving.

Russell Ness requested replacement of a speed limit sign on Seventh Ave.

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

The regular meeting was adjourned at 8:58 p.m.

______________________________

Beryl H. Rector, Mayor

______________________________

Patti K. Owens, Town Clerk