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TOWN OF DEER TRAIL, COLORADO

BOARD OF TRUSTEES

Regular Meeting

May 3, 2005

CALL TO ORDER

The Board of Trustees of the Town of Deer Trail met in regular session on Tuesday, May 3, 2005 at the Town Hall, 555 Second Avenue, Deer Trail, Colorado. Mayor Tink Rector called the meeting to order at 7:00 p.m.

ROLL CALL

Mayor: Tink Rector  Trustees Present: Gary Lavoie, Russell Ness, Tami Stoumbaugh, Dutch Venter, Melvin Wood

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

APPROVAL OF AGENDA

TRUSTEE LAVOIE MOVED, TRUSTEE WOOD SECONDED to approve the agenda with the addition of Dangerous Buildings to Unfinished Business. The motion carried.

APPROVAL OF THE MINUTES

TRUSTEE NESS MOVED, TRUSTEE LAVOIE SECONDED to approve the April 5, 2005 regular meeting minutes. The motion carried.

PUBLIC PARTICIPATION

Mike Geesen addressed the Board about his concerns with his upcoming sewer bill. The new sewer user charge system will be based on average customer usage for the months of December, January, and February. Geesen stated that he has extraordinarily high usage during those months because he waters livestock in the winter. He also stated that the water does not go through the sewer system and his new sewer bill shouldn't reflect that usage. He asked that the Board use an average water usage figure based on a family of four's usage. The Board will refer the question to Town Attorney Stan Kimble for a legal opinion.

REPORTS

Water & Sewer

-Readings

The Town Clerk reported water usage for the month of April, 2005 was 1,257,000 gallons. The sewer flow meter recorded readings of 37,966 gallons of flow per day in April.

Town Clerk

The Town Clerk reported that two 30-yard roll-off dumpsters have been reserved for Town Clean-Up Day on Saturday, May 14. Trustee Stoumbaugh reported that a wood chipper would be available for tree limbs.

Keys are available at the Town Hall for the Centennial Park bathrooms. The bathrooms will remain locked.

Attorney Stan Kimble has contacted Arapahoe County asking for clarification of services through the law enforcement Services Agreement.

APPROVAL AND PAYMENT OF BILLS

TRUSTEE STOUMBAUGH MOVED, TRUSTEE LAVOIE SECONDED to approve the payment of the bills. Voting was as follows:  YES: Lavoie, Ness, Rector, Stoumbaugh, Venter, Wood  NO: None  ABSTAIN: None  ABSENT: Haight  The Mayor declared the motion carried.

UNFINISHED BUSINESS

Ordinance 224 - Water Tap Fees

TRUSTEE STOUMBAUGH MOVED, TRUSTEE WOOD SECONDED to approve Ordinance 224 amending Town ordinances relative to the imposition of system development charges, also known as "tap fees," for the Town water and wastewater system. Voting was as follows:  YES: Ness, Rector, Stoumbaugh, Venter, Wood, Lavoie  NO: None  ABSTAIN: None  ABSENT: Haight  The Mayor declared the motion carried.

Ordinance 225 - Street Vacation

TRUSTEE WOOD MOVED, TRUSTEE NESS SECONDED to approve Ordinance 225 vacating a portion of Eighth Ave. Voting was as follows:  YES: Rector, Stoumbaugh, Venter, Wood, Lavoie, Ness  NO: None  ABSTAIN: None  ABSENT: Haight  The Mayor declared the motion carried.

Resolution 05-03 - Drainage Study Agreement

TRUSTEE STOUMBAUGH MOVED, TRUSTEE LAVOIE SECONDED to approve Resolution 05-03 approving the grant contract with the Energy and Mineral Impact Assistance Program and authorizing the execution of the contract. Voting was as follows:  YES: Stoumbaugh, Venter, Wood, Lavoie, Ness, Rector  NO: None  ABSTAIN: None  ABSENT: Haight  The Mayor declared the motion carried.

Sewer Project Drawdown Requests

Two drawdown requests were submitted for approval: one for $2,866.75 for GMS, Inc. for engineering services; and one for $72,938.52 of which $60,500.44 is for Interstate Irrigation and $12,438.08 for GMS, Inc.

TRUSTEE LAVOIE MOVED, TRUSTEE NESS SECONDED to approve drawdown request No. 4 in the amount of $2,866.75 and drawdown request No. 5 in the amount of $72,938.52. Voting was as follows:  YES: Venter, Wood, Lavoie, Ness, Rector, Stoumbaugh  NO: None  ABSTAIN: None  ABSENT: Haight  The Mayor declared the motion carried.

Impact Fees

TRUSTEE LAVOIE MOVED, TRUSTEE WOOD SECONDED to table discussion about impact fees to the June 7 regular meeting. The motion carried.

Christmas Decorations

No representatives from the Jockeyettes were in attendance to discuss this issue.

Fireworks

The Town Clerk reported that the Town could use mortars supplied by Stonebraker Fireworks for this year's display with a deposit of $472 to be returned to the Town if the mortars are returned in good reusable condition.

TRUSTEE LAVOIE MOVED, TRUSTEE STOUMBAUGH SECONDED to approve a deposit of $472 for mortars for the 2005 fireworks display. Voting was as follows:  YES: Wood, Lavoie, Ness, Rector, Stoumbaugh, Venter  NO: None  ABSTAIN: None  ABSENT: Haight

The Mayor declared the motion carried.

Dangerous Buildings

The Board reviewed information from Town Attorney Stan Kimble regarding dangerous buildings.

TRUSTEE LAVOIE MOVED, TRUSTEE WOOD SECONDED to go forward with the Notice and Order process recommended by Attorney Stan Kimble. Voting was as follows:  YES: Lavoie, Ness, Rector, Stoumbaugh, Venter, Wood  NO: None  ABSTAIN: None  ABSENT: Haight  The Mayor declared the motion carried.

NEW BUSINESS

First Baptist Church Tap Fees

Several years ago, the First Baptist Church moved a mobile home onto the property occupied by the church building. The Town Board at that time required the church to purchase a water tap and sewer tap at a cost of $1,000 each. The water and sewer service lines were never connected to the main line, but remained connected to the service lines of the church building. Recently, the church removed the mobile home from the church property. Kroh was asking the Board if the church could be credited $1,000 for a water tap and $1,000 for a sewer tap at a different undeveloped property owned by the church for future development.

The Board concurred that the credit transfer could not be given at this time unless the undeveloped lot was currently being developed. The Board recommended that if the church would choose to develop their undeveloped lot in the future, they could ask the sitting Town Board at that time for the credit.

Paint for Shop Building

Russell Ness has been seeking quotes for the price of paint for the shop building. No quotes have been received.

Purchase Orders/Purchasing Policy

The Board discussed the implementation of a purchase order system and adoption of a purchasing policy. The Board will research the issues for the June, 2005 meeting.

Building Permits

TRUSTEE LAVOIE MOVED, TRUSTEE STOUMBAUGH SECONDED to approve the building permit submitted by Sally Fisher at 515 Fifth Ave. upon receipt of the County's .25% Open Space Tax. The motion carried.

TRUSTEE STOUMBAUGH MOVED, TRUSTEE WOOD SECONDED to approve the building permit submitted by Steve and Kathy Carter at 1454 Eighth Ave. The motion carried.

TRUSTEE STOUMBAUGH MOVED, TRUSTEE NESS SECONDED to approve the building permit submitted by Kenny and Traci Owens at 135 Fourth Ave. The motion carried.

Kunkel Construction, Inc. submitted two building permits for property at 1110 Fourth Ave. and 1122 Fourth Ave. The Board referred to Ordinance 202 with guidelines for platted, undeveloped property. Kunkel will submit a plat map with lots, streets, and alleys; a topographical map; plans for the water distribution system; and plans for the sewer collection system. Upon the Town Hall's receipt of that information, it will be forwarded to GMS, Inc. for an engineer's opinion then back to the Town Board for approval.

TRUSTEE STOUMBAUGH MOVED, TRUSTEE NESS SECONDED to approve the building permit submitted by Kent Vashus at 489 Fifth Ave. The motion carried.

Town Hall Summer Hours

TRUSTEE STOUMBAUGH MOVED, TRUSTEE NESS SECONDED to approve Town Hall summer hours of Monday-Thursday, 7 a.m.-5 p.m., beginning June 1. 2005. The motion carried.

Part-Time Maintenance Employee

TRUSTEE WOOD MOVED, TRUSTEE STOUMBAUGH SECONDED to advertise for two weeks in the Tri-County Tribune for a full-time temporary maintenance employee for June 1 - August 31, at $8/hour with a good MVR, at least 16 years old, with Mayor Rector and Trustee Lavoie making the final selection. Voting was as follows:  YES: Ness, Rector, Stoumbaugh, Venter, Wood, Lavoie  NO: None

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

Mosquito Spray

TRUSTEE LAVOIE MOVED, TRUSTEE STOUMBAUGH SECONDED to approve the purchase of a 55-gallon drum of adulticide mosquito spray at a cost of approximately $3,500 along with 400 chemical larvicide bricks to be used in outlying areas at a cost of approximately $376. Voting was as follows:  YES: Rector, Stoumbaugh, Venter, Wood, Lavoie, Ness  NO: None  ABSTAIN: None

ABSENT: Haight  The Mayor declared the motion carried.

Loan Payoff

The Board discussed an outstanding GMAC loan with a payoff of $46,510. The 40-year loan originated in 1979 for water system improvements. Water Fund Reserves are approximately $70,000. Early payoff of the loan will result in a savings to the Town of $14,000 interest over the next 14 years.

TRUSTEE NESS MOVED, TRUSTEE LAVOIE SECONDED to approve early payoff of the GMAC loan in the approximate amount of $46,510. Voting was as follows:  YES: Stoumbaugh, Venter, Wood, Lavoie, Ness, Rector  NO: None  ABSTAIN: None  ABSENT: Haight

The Mayor declared the motion carried.

TRUSTEES' COMMENTS

Trustee Ness asked why some street signs are still not up after he has made several requests for such to be done.

Mayor Rector responded that he and the maintenance man would do so within the next two weeks.

ADJOURNMENT

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

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

______________________________

Beryl H. Rector, Mayor

ATTEST

______________________________

Patti K. Owens, Town Clerk