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TOWN OF DEER TRAIL, COLORADO

BOARD OF TRUSTEES

Regular Meeting

October 4, 2005

CALL TO ORDER

The Board of Trustees of the Town of Deer Trail met in regular session on Tuesday, October 4, 2005 at the Town Hall, 555 Second Avenue, Deer Trail, Colorado. Mayor Jim Johnson called the meeting to order at 7:01 p.m.

ROLL CALL

Mayor Jim Johnson

Trustees Present: Gary Lavoie, Russell Ness, Cody Stoumbaugh, Tami Stoumbaugh, Dutch Venter, Melvin Wood (7:02 p.m.)

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

APPROVAL OF AGENDA

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

Trustee Wood arrived at 7:02 p.m.

APPROVAL OF THE MINUTES

TRUSTEE LAVOIE MOVED, TRUSTEE WOOD SECONDED to approve the September 6, 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 September, 2005 was 3,071,800 gallons. The sewer flow meter recorded readings of 39,234 gallons of flow per day in September.

Town Clerk's Report

The Town Clerk reported that the Town had received a topo map from DRCOG in conjunction with the drainage study.

Town Attorney Stan Kimble has the list, description, and addresses of the three dangerous buildings the Board identified at a previous meeting. He will send Notice and Orders to property owners to remedy the buildings.

APPROVAL AND PAYMENT OF BILLS

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

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

The Mayor declared the motion carried.

UNFINISHED BUSINESS

Wastewater Project

-Pay Request

TRUSTEE LAVOIE MOVED, TRUSTEE T. STOUMBAUGH SECONDED to approve the tenth pay request for the wastewater project in the amount of $159,811.99. Voting was as follows:  YES: Lavoie, Ness, C. Stoumbaugh, T. Stoumbaugh, Venter, Wood, Johnson

NO: None  ABSTAIN: None  ABSENT: None

The Mayor declared the motion carried.

This pay request will bring the total percentage of the project paid to date to 79.3% and $1,360,314.34.

TRUSTEE LAVOIE MOVED, TRUSTEE WOOD SECONDED to assess liquidated damages to Interstate Irrigation based on the additional construction observation costs and related services upon completion of the project. Voting was as follows:  YES: Ness, C. Stoumbaugh, T. Stoumbaugh, Venter, Wood, Johnson, Lavoie  NO: None  ABSTAIN: None  ABSENT: None

The Mayor declared the motion carried.

-Lift Station Filter Quote

TRUSTEE LAVOIE MOVED, TRUSTEE T. STOUMBAUGH SECONDED to authorize the installation of filters on the two vent pipes of the lift station and the purchase of 100 pounds of carbon at a price of $2,074. Voting was as follows:  YES: T. Stoumbaugh, Wood, Johnson, Lavoie, Ness  NO: C. Stoumbaugh, Venter  ABSTAIN: None  ABSENT: None

The Mayor declared the motion carried.

Mayor Johnson will get quotes for boring under Hwy. 40 to install the lift station's vents on the west side of the highway.

Trustee Johnson told the Board that most of Ivy Street between First and Second Avenues will be paved with wastewater project monies.

2006 CDBG Grant

TRUSTEE LAVOIE MOVED, TRUSTEE WOOD SECONDED to submit applications for curb and gutter for paving grants totaling $233,237. Voting was as follows:  YES: T. Stoumbaugh, Venter, Wood, Johnson, Lavoie, Ness, C. Stoumbaugh  NO: None  ABSTAIN: None

ABSENT: None

The Mayor declared the motion carried.

East Bijou Estates

The Board reviewed GMS' comments on East Bijou Estates' development plan.

TRUSTEE T. STOUMBAUGH MOVED, TRUSTEE LAVOIE SECONDED to approve the Site Plan for East Bijou Estates upon change of the invert elevation (from the development) to Manhole No. 5 to .3 feet of fall to match the invert elevation from the east, per Paragraph 2. B., in a letter dated September 30, 2005, from Dave Frisch, GMS. Voting was as follows:  YES: Venter, Wood, Johnson, Lavoie, Ness, C. Stoumbaugh, T. Stoumbaugh  NO: None  ABSTAIN: None  ABSENT: None

The Mayor declared the motion carried.

TRUSTEE T. STOUMBAUGH MOVED, TRUSTEE LAVOIE SECONDED to approve a water and sewer tap at 1110 Fourth Ave. and a water and sewer tap at 1122 Fourth Ave. in East Bijou Estates, upon final flushing and testing. Voting was as follows:  YES: Wood, Johnson, Lavoie, Ness, C. Stoumbaugh, T. Stoumbaugh, Venter  NO: None  ABSTAIN: None  ABSENT: None

The Mayor declared the motion carried.

Glenn Kunkel stated that the subdivision name, East Bijou Estates, was satisfactory with Arapahoe County and asked the Board if the name was also satisfactory with them. All agreed it was.

Kunkel again requested a Cost Recovery Agreement with the Town. The Board will seek more information before a decision will be made.

2004 Audit

TRUSTEE T. STOUMBAUGH MOVED, TRUSTEE C. STOUMBAUGH SECONDED to approve the 2004 Audit. Voting was as follows:  YES: Johnson, Lavoie, Ness, C. Stoumbaugh, T. Stoumbaugh, Venter, Wood  NO: None  ABSTAIN: None  ABSENT: None

The Mayor declared the motion carried.

The Town's auditor, Johnson, Holscher, & Co., has missed deadlines the past couple of years and the Town will look for a new auditing firm.

2006 Budget

The Town Clerk presented the 2006 Budget to the Board.

Ordinance 226 - IREA Franchise Agreement

The Town's current franchise agreement with Intermountain Rural Electric Association expires in March, 2006.

TRUSTEE T. STOUMBAUGH MOVED, TRUSTEE LAVOIE SECONDED to have Town Attorney Stan Kimble review the ordinance for the new franchise agreement with Intermountain Rural Electric Association. Voting was as follows:  YES: Lavoie, Ness, C. Stoumbaugh, T. Stoumbaugh, Wood, Johnson  NO: Venter  ABSTAIN: None  ABSENT: None

The Mayor declared the motion carried.

Property Tax Assessments

TRUSTEE LAVOIE MOVED, TRUSTEE NESS SECONDED to certify delinquent water and sewer fees with Arapahoe County for collection with the 2005 property taxes, and place liens on some of the same properties. Voting was as follows:  YES: Ness, C. Stoumbaugh, T. Stoumbaugh, Venter, Wood, Johnson, Lavoie  NO: None  ABSTAIN: None  ABSENT: None

The Mayor declared the motion carried.

Water Line Installation Quote

TRUSTEE LAVOIE MOVED, TRUSTEE WOOD SECONDED to approve installation of the water line on Cedar Street between First and Second Avenues in conjunction with this month's paving project. Voting was as follows:  YES: T. Stoumbaugh, Venter, Wood, Johnson, Lavoie, C. Stoumbaugh  NO: None  ABSTAIN: Ness  ABSENT: None

The Mayor declared the motion carried.

Champion Cable

Per a letter from Champion Cable, the cable television system in Deer Trail will be shut down effective October 31, 2005. Town Attorney Stan Kimble recommends the Town do an inspection of the leased property to make certain the cable company has not damaged the property and will return it in substantially the same condition as when received.

Building Permit

TRUSTEE LAVOIE MOVED, TRUSTEE NESS SECONDED to approve the building permit submitted by Deer Trail Housing Authority upon receipt of fees. Voting was as follows:  YES: Venter, Wood, Johnson, Lavoie, Ness, C. Stoumbaugh, T. Stoumbaugh  NO: None

ABSTAIN: None  ABSENT: None

The Mayor declared the motion carried.

Resolution 05-06 - Supporting Referenda C & D

The Board took no action on Resolution 05-06.

TRUSTEES' COMMENTS

Mayor Johnson reported that installation of the curb and gutter was complete. He also reported that Colorado Asphalt Services, Inc. had begun grading work. Grading will take two days, paving will take three days.

Trustee Lavoie asked about installation of a culvert in the alley at Ivy Street between First and Second Avenues. A culvert will be located and installed.

ADJOURNMENT

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

The regular meeting was adjourned at 7:55 p.m.

______________________________

James Johnson, Mayor

ATTEST

______________________________

Patti K. Owens, Town Clerk