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TOWN OF DEER TRAIL, COLORADO

BOARD OF TRUSTEES

Regular Meeting

November 1, 2005

CALL TO ORDER

The Board of Trustees of the Town of Deer Trail met in regular session on Tuesday, November 1, 2005 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: Russell Ness; Cody Stoumbaugh; Tami Stoumbaugh; Dutch Venter; Melvin Wood (7:02 p.m.)

Staff Present: Patti Owens, Town Clerk

APPROVAL OF AGENDA

TRUSTEE T. STOUMBAUGH MOVED, TRUSTEE WOOD SECONDED to approve the agenda. The motion carried.

APPROVAL OF THE MINUTES

TRUSTEE WOOD MOVED, TRUSTEE T. STOUMBAUGH SECONDED to approve the October 4, 2005 regular meeting minutes. The motion carried.

PUBLIC COMMENTS

No comments were heard.

REPORTS

Water & Sewer

-Readings

The Town Clerk reported water usage for the month of October, 2005 was 1,767,400 gallons. The sewer flow meter recorded readings of 43,682 gallons of flow per day in October.

Town Clerk's Report

The Town Clerk reported that several properties with delinquent water and sewer bills had been certified with Arapahoe County for collection with property taxes.

The Board reviewed the list of donors to the Street Improvement Fund in memory of Tink Rector. A total of $6,340.30 had been received plus approximately $1,000 in gravel.

Cost for tree limb clean-up after the October 10 snowstorm $7,670 plus fuel.

The small claims case filed by a resident against Interstate Irrigation, Inc. seeking damages for lilac bushes during the wastewater project was dismissed. The judge ruled that Interstate Irrigation was well within the prescriptive right-of-way and the lilac bushes sustained minimal damage.

Following receipt of CDBG money and a $12,500 donation from Deer Trail School, the balance due on the Town's curb and gutter project and asphalt paving is approximately $2,500.

The Mayor reported that Ivy Street had been paved from First Avenue to Second Avenue. A portion of the paving was in conjunction with the wastewater project, the remainder was approved at the October 4 regular Board meeting.

Lift station filters will be installed in the next couple of days.

The water line has been installed between First and Second Avenues on Cedar Street. Patching will be completed in the next couple of days.

APPROVAL AND PAYMENT OF BILLS

TRUSTEE T. STOUMBAUGH MOVED, TRUSTEE C. STOUMBAUGH SECONDED to approve the payment of the bills. Voting was as follows:  YES: Ness, C. Stoumbaugh, T. Stoumbaugh, Venter, Wood, Johnson  NO: None  ABSTAIN: None  ABSENT: Lavoie

The Mayor declared the motion carried.

UNFINISHED BUSINESS

Wastewater Project

-Pay Request

TRUSTEE NESS MOVED, TRUSTEE WOOD SECONDED to approve the eleventh pay request for the wastewater project in the amount of $128,819.29 and Change Order No. 2. Voting was as follows:  YES: C. Stoumbaugh, T. Stoumbaugh, Venter, Wood, Johnson, Ness

NO: None  ABSTAIN: None  ABSENT: Lavoie

The Mayor declared the motion carried.

East Bijou Estates

Glenn Kunkel was not in attendance.

-Building Permit

TRUSTEE T. STOUMBAUGH MOVED, TRUSTEE NESS SECONDED to approve the building permit for 1334 Fourth Ave. upon receipt of the fee. Voting was as follows:  YES: T. Stoumbaugh, Venter, Wood, Johnson, Ness, C. Stoumbaugh  NO: None  ABSTAIN: None

ABSENT: Lavoie

The Mayor declared the motion carried.

-Cost Recovery Agreement

Discussion was tabled because Glenn Kunkel was not present.

Jockeyettes' Christmas Decorations

Susan Eldringhoff and Cheryl Vashus, representatives of the Jockeyettes, reported on the progress of the Christmas decorations to be hung over Cedar Street. Cost of the project was approximately $1,773.55. Donations in the amount of $1,275 had been received by the Jockeyettes.

TRUSTEE T. STOUMBAUGH MOVED, TRUSTEE WOOD SECONDED to donate $500 to the Jockeyettes for Christmas decorations. Voting was as follows:  YES: Venter, Wood, Johnson, Ness, C. Stoumbaugh, T. Stoumbaugh  NO: None  ABSTAIN: None  ABSENT: Lavoie

The Mayor declared the motion carried.

Ordinance 231 - IREA Franchise Agreement

No new information had been received from Town Attorney Stan Kimble.

NEW BUSINESS

Elks' Liquor License Renewal

TRUSTEE T. STOUMBAUGH MOVED, TRUSTEE C. STOUMBAUGH SECONDED to approve renewal of the liquor license for BPOE Lodge #2307. Voting was as follows:  YES: Johnson, Ness, C. Stoumbaugh, T. Stoumbaugh, Venter  NO: None  ABSTAIN: Wood

ABSENT: Lavoie

The Mayor declared the motion carried.

2006 Municipal Election

-Election Cancellation/Write-In Affidavit

TRUSTEE T. STOUMBAUGH MOVED, TRUSTEE WOOD SECONDED to proceed with an ordinance requiring an affidavit of intent for write-in candidates in a municipal election and allowing for the cancellation of the election if the only matter before the voters is the election of persons to the offices of mayor and trustees, and there are not more candidates than offices to be filled at the election. Voting was as follows:  YES: Johnson, Ness, C. Stoumbaugh, T. Stoumbaugh, Venter, Wood  NO: None  ABSTAIN: None

ABSENT: Lavoie

The Mayor declared the motion carried.

-Sales Tax

Discussion on placing a sales tax issue on the April, 2006 municipal ballot was tabled until the December 1, 2005 regular Board meeting.

Ordinance 228 - Eighth Street Vacation

Arapahoe County informed the Town that a legal description in an ordinance vacating Eighth Avenue, adopted in May, 2005, was incorrect.

TRUSTEE T. STOUMBAUGH MOVED, TRUSTEE C. STOUMBAUGH SECONDED to adopt emergency Ordinance 229 correcting an incorrect legal description as set forth in Ordinance No. 225, wherein the Board of Trustees did vacate a portion of Eighth Avenue. Voting was as follows:  YES: Ness, C. Stoumbaugh, T. Stoumbaugh, Venter, Wood, Johnson  NO: None  ABSTAIN: None  ABSENT: Lavoie

The Mayor declared the motion carried.

Ordinance 230 - Model Traffic Code

Discussion was held on the Board's adoption of the 2003 Model Traffic Code by reference. The Board will have to determine penalties to be incorporated into the Code. The issue was tabled until the December 6, 2005 regular Board meeting.

Glenn Kunkel was present to discuss East Bijou Estates.

The Board reviewed correspondence from Attorney Stan Kimble and a sample Cost Recovery Agreement from the Town of Limon. Kunkel must submit all expenses to the Board before any agreement may be drafted and submitted to Kimble. The Board will seek more information from Kimble, and the matter was tabled until the December 6, 2005 regular Board meeting.

TRUSTEES' COMMENTS

Trustee Ness thanked all the Board members and volunteers for the tree branch removal following the October 10, 2005 snow storm.

ADJOURNMENT

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

The regular meeting was adjourned at 7:37 p.m.

______________________________

James Johnson, Mayor

ATTEST

______________________________

Patti K. Owens, Town Clerk