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TOWN OF DEER TRAIL, COLORADO

BOARD OF TRUSTEES

Regular Meeting

September 6, 2005

CALL TO ORDER

The Board of Trustees of the Town of Deer Trail met in regular session on Tuesday, September 6, 2005 at the Town Hall, 555 Second Avenue, Deer Trail, Colorado. Mayor Pro Tem Tami Stoumbaugh called the meeting to order at 7:00 p.m.

ROLL CALL

Mayor Pro Tem: Tami Stoumbaugh

Trustees Present: Jim Johnson, Gary Lavoie, Russell Ness, Dutch Venter, Melvin Wood

Staff Present: Patti Owens, Town Clerk; Randy Eldringhoff, Maintenance (8:10 p.m.)

APPROVAL OF AGENDA

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

APPROVAL OF THE MINUTES

TRUSTEE JOHNSON MOVED, TRUSTEE LAVOIE SECONDED to approve the August 2 and August 9, 2005 regular meeting minutes. The motion carried.

PUBLIC PARTICIPATION

Rich Loveless asked what it would cost to install a water tap at his home address, 830 Second Ave. Currently the meter pit at 840 Second Ave. services his home, but in the future, if he would sell the lot at 840 Second Ave., his home at 830 Second Ave. would need a meter pit. The Board stated that the cost would be $3,500. Loveless will not install a meter pit at this time.

REPORTS

Water & Sewer

-Readings

The Town Clerk reported water usage for the month of August, 2005 was 3,035,200 gallons. The sewer flow meter recorded readings of 39,040 gallons of flow per day in August.

-Sewer Project

The Board reviewed a project status letter written by GMS, Inc. to Rural Development.

The Board received notice of a Small Claims Court action by Plaintiff Frank Hahn vs. Defendant Ward Marshall, Interstate Irrigation in conjunction with the sewer project. The Plaintiff's claim states: "The corporation is under contract with the town of Deer Trail, CO to replace sewer lines. While working in the easement at the rear of our property, Mr. Marshall attempted to locate the edge of the easement without the use of measuring instruments. The errors resulted in Mr. Marshall having lilac bushes sawed down that were outside of the easement and on my property. The bushes were a living privacy fence up to ten feet high."

TRUSTEE LAVOIE MOVED, TRUSTEE WOOD SECONDED to refer the lilac bush matter to Town Attorney Stan Kimble with supporting documentation and photos, and ask him to write a letter regarding the matter. The motion carried.

Property Survey

The Town's insurance company, CIRSA, conducted a property survey on August 23, making several minor recommendations. When the items are corrected, CIRSA will be notified.

Town Clerk's Report

TRUSTEE VENTER MOVED, TRUSTEE JOHNSON SECONDED to invest $50,000 from the Reserve Fund into 12-month Certificates of Deposit at Guaranty Bank an interest rate of 3.75%. Voting was as follows:  YES: Johnson, Lavoie, Ness, Stoumbaugh, Venter, Wood  NO: None  ABSTAIN: None  ABSENT: None

The Mayor Pro Tem declared the motion carried.

The Board reviewed a letter from Dorothy Doherty protesting her water and sewer billing and questioning billing on other accounts. After approval by the Board, the Town Clerk responded in writing.

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, Stoumbaugh, Venter, Wood, Johnson  NO: None  ABSTAIN: None  ABSENT: None

The Mayor Pro Tem declared the motion carried.

UNFINISHED BUSINESS

Trustee Appointment

TRUSTEE WOOD MOVED, TRUSTEE NESS SECONDED to appoint Cody Stoumbaugh to the Board of Trustees. Voting was as follows:

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

The Mayor Pro Tem declared the motion carried.

C. Stoumbaugh was sworn in.

Selection of Mayor

TRUSTEE VENTER MOVED, TRUSTEE T. STOUMBAUGH SECONDED to appoint James Johnson as Mayor of the Town of Deer Trail. Voting was as follows:  YES: T. Stoumbaugh, Venter, Wood, Johnson, Lavoie, Ness, C. Stoumbaugh  NO: None  ABSTAIN: None

ABSENT: None

The Mayor Pro Tem declared the motion carried.

Per Mayor Johnson's request, Mayor Pro Tem T. Stoumbaugh continued to chair the meeting.

East Bijou Estates

Since Glenn Kunkel was not in attendance, this item was moved to the end of the meeting, to be addressed upon his arrival.

Wastewater Project Change Order

The first change order for the wastewater project was presented to the Board. Increases in cost of the project include: adjust lift station manholes; waterline lowering; concrete sewer cap; and electric service disconnect boxes.

TRUSTEE T. STOUMBAUGH MOVED, TRUSTEE WOOD SECONDED to approve the wastewater project Change Order Number 1 in the amount of $6,940. Voting was as follows:  YES: Venter, Wood, Johnson, Lavoie, Ness, C. Stoumbaugh, T. Stoumbaugh  NO: None

ABSTAIN: None  ABSENT: None

The Mayor Pro Tem declared the motion carried.

Wastewater Project Pay Request

TRUSTEE LAVOIE MOVED, TRUSTEE JOHNSON SECONDED to approve the wastewater project Outlay Report #9 in the amount of $206,080.45. Voting was as follows:  YES: Wood, Johnson, Lavoie, Ness, C. Stoumbaugh, T. Stoumbaugh, Venter  NO: None

ABSTAIN: None  ABSENT: None

The Mayor Pro Tem declared the motion carried.

CDBG Street Preparation Bids

The Street Preparation portion of this year's paving project was advertised for bid. Three companies made inquiries, two companies requested bid packets, and one company responded.

TRUSTEE LAVOIE MOVED, TRUSTEE WOOD SECONDED to accept the bid from Colorado Asphalt Services, Inc. for the Street Preparation Project in the amount of $8,836. Voting was as follows:  YES: Johnson, Lavoie, Ness, C. Stoumbaugh, T. Stoumbaugh, Venter, Wood  NO: None  ABSTAIN: None  ABSENT: None

The Mayor Pro Tem declared the motion carried.

Gated Pipe Bids

One bid was received for the aluminum gated pipe.

TRUSTEE LAVOIE MOVED, MAYOR JOHNSON SECONDED to accept the bid for $101 from Zeb Eldringhoff for the gated pipe. The motion carried.

NEW BUSINESS

2006 CDBG Grant

Applications for the 2006 CDBG grants must be submitted by October 14.

TRUSTEE LAVOIE MOVED, TRUSTEE WOOD SECONDED to apply for 2006 CDBG grants for paving and curb and gutter. The motion carried.

Transportation Enhancement Funds

Colorado Department of Transportation grant funds are available for sidewalks, with a 20% match. Grant application deadline is September 23, 2005.

TRUSTEE LAVOIE MOVED, TRUSTEE T. STOUMBAUGH SECONDED to apply for Transportation Enhancement Funds. The motion carried.

Building Permit

TRUSTEE LAVOIE MOVED, TRUSTEE WOOD SECONDED to approve the building permit for a car port submitted by Ron and Kathy Schaffer. The motion carried.

Special Events Permit

TRUSTEE LAVOIE MOVED, MAYOR JOHNSON SECONDED to approve the Elks' special events permit for Friday, Oct. 28 and Saturday, Oct. 29. Trustee Wood abstained from voting. The motion carried.

TRUSTEES' COMMENTS

No trustees' comments were offered.

The Board took a break in order to try to contact Glenn Kunkel to request his attendance at the meeting to discuss East Bijou Estates.

Trustee T. Stoumbaugh was excused at 7:30 p.m.

Upon Glenn Kunkel's arrival, the meeting reconvened at 7:50 p.m.

East Bijou Estates

The Board reviewed comments by GMS, Inc. of Glenn Kunkel's Site Plan of his proposed development.

The Board addressed each of the items:

1. Sheet 1 of 1 - Site Plan

A. A revision date will be placed on all resubmitted documents;

B. The Board had not yet formally approved a 24-foot wide street.

TRUSTEE LAVOIE MOVED, TRUSTEE WOOD SECONDED to allow a 24-foot wide street with a spill curb on Fifth Avenue. Voting was as follows:  YES: Lavoie, Ness, C. Stoumbaugh, Venter, Wood, Johnson  NO: None  ABSTAIN: None 

ABSENT: T. Stoumbaugh

The Mayor declared the motion carried.

C. The street section proposed for Fifth Avenue will be added to the Site Plan.

D. This item was taken care of in B.

E. Glenn will provide written confirmation from emergency and medical responders that the north ends of Fourth and Fifth Avenue are acceptable for turnarounds.

F. Water main extensions in Fourth and Fifth Avenue have been reconfigured with fire hydrants at the north end of the line. Thrust blocks have not been installed; megalugs have been installed.

G. The Site Plan will be revised to show that service lines will not enter manholes.

H. Water service lines have been placed a minimum of three feet apart.

2. Sheet 1 of 2 - Plan and Profile

A. Glenn stated that there is currently four feet of cover over the top of the sanitary sewer mains and he will be adding one foot of gravel to bring the total cover to five feet.

B. When Interstate Irrigation provides Glenn with the revised elevation information at Manhole 5A, he will provide it to the Town.

C. When sewer project calculations are final, elevation information will be modified to reflect a minimum of .40% slope.

3. Sheet 2 of 2 - Plan and Profile

A. Glenn stated again that there is four feet of cover over the top of the sanitary sewer mains and he will be adding one foot of gravel to bring the total cover to five feet.

The Board recommended that Kunkel work with the Town's maintenance man, Randy Eldringhoff, on water and sewer installation.

Additional discussion was held regarding water from the gas station's remediation project that is piped for a short way in the WPA ditch and discharged at Fifth and Ivy. Glenn would like the discharge to be stopped long enough for the area to dry. The Town Clerk reported she had talked to a representative from EES who said the pipe would be installed in the new WPA ditch this winter. Mayor Johnson said he would see what could be done to temporarily stop the discharge.

ADJOURNMENT

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

The regular meeting was adjourned at 8:32 p.m.

______________________________

James Johnson, Mayor

ATTEST

______________________________

Patti K. Owens, Town Clerk