The Board of Trustees of the Town of Deer Trail met in regular session on Tuesday, September 7, 2004 at the Town Hall, 555 Second Avenue, Deer Trail, Colorado. Mayor Tink Rector called the meeting to order at 7:02 p.m.

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

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

Public Present: Dominick DeFebio, Sally Fisher, Kendra Boyd, David Boyd, Lucinda Boyd, Bertha Rector, Zeb Eldringhoff, Susan Eldringhoff, Jackie Pelton, Sharlene Wood

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

TRUSTEE WOOD MOVED, TRUSTEE LAVOIE SECONDED to approve the August 3, 2004 regular meeting minutes and August 27, 2004 special meeting minutes. The motion carried.

No one in attendance had comments.

-Readings

The Town Clerk reported water usage for the month of August, 2004 was 2,749,400 gallons. The average sewer flow for August was 27,704 gallons per day.

The Town Clerk presented current budget reports for the General Fund, Water Fund, Sewer Fund, and Conservation Trust Fund.

-Easements

This agenda item was moved to a time later in the meeting to wait for all concerned parties to arrive at the meeting.

Street paving will be done September 13 and 14. Jeremiah Ross has been retained as temporary maintenance help.

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

The Mayor declared the motion carried.

TRUSTEE LAVOIE MOVED, TRUSTEE WOOD SECONDED to approve installation of a transformer and two streetlights in East Ridge Addition at a cost of $1,932.00. Voting was as follows:  YES: Lavoie, Ness, Rector, Stoumbaugh, Wood  NO: Venter, Haight  ABSTAIN: None  ABSENT: None

The Mayor declared the motion carried.

TRUSTEE LAVOIE MOVED, TRUSTEE STOUMBAUGH SECONDED to approve the Elks' special events permit for Oct. 29, 30, and 31. Due to a conflict of interest Trustee Wood abstained from voting. The motion carried.

TRUSTEE WOOD MOVED, TRUSTEE LAVOIE SECONDED to approve $10,908.00 to pave Aspen Street from First Avenue to Second Avenue. Voting was as follows:  YES: Ness, Rector, Stoumbaugh, Venter, Wood, Haight, Lavoie  NO: None  ABSTAIN: None  ABSENT: None

The Mayor declared the motion carried.

TRUSTEE STOUMBAUGH MOVED, TRUSTEE WOOD SECONDED to approve Resolution 04-13 appropriating additional sums of money to defray expenses in excess of amounts budgeted for the Town of Deer Trail, Colorado. Voting was as follows:  YES: Rector, Stoumbaugh, Venter, Wood, Haight, Lavoie, Ness  NO: None  ABSTAIN: None  ABSENT: None

The Mayor declared the motion carried.

TRUSTEE LAVOIE MOVED, TRUSTEE STOUMBAUGH SECONDED to approve a water tap and a sewer tap at 515 Fifth Ave. upon payment in full of $2,000.00 each. Voting was as follows:  YES: Stoumbaugh, Venter, Wood, Haight, Lavoie, Ness, Rector  NO: None

ABSTAIN: None  ABSENT: None

The Mayor declared the motion carried.

Someone had made an offer to purchase a small trailer owned by the Town that had been previously used to transport the old mosquito sprayer. The Town will advertise for bids for two weeks in the Tri-County Tribune.

-Easements

All parties were in attendance to discuss easements for the upcoming sewer project.

Zeb and Susan spoke as representatives for Jackie Pelton. The easement in question is from the point of discharge from the new WWTP to East Bijou Creek. The Eldringhoffs discussed concerns about the easement including tree removal, wetland issues, and inability to cross the easement. In earlier correspondence to GMS, Inc. and the Board, the Eldringhoffs asked for additions to the easement including the rights to use discharged water and clarification of the Town's responsibility in the event of erosion.

The Board told the Eldringhoffs that the state would make the final determination about water rights and that according to Town Attorney Stan Kimble the erosion issue was covered in common law and would not need to be added to the easement.

The Eldringhoffs asked for a dollar amount of $4,500.

TRUSTEE WOOD MOVED, TRUSTEE LAVOIE SECONDED to go into executive session for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-402(4)(e). Voting was as follows:  YES: Wood, Haight, Lavoie, Ness, Rector, Stoumbaugh  NO: Venter  ABSTAIN: None

ABSENT: None

The Mayor declared the motion carried.

The Board went into executive session at 7:53 p.m. The meeting reconvened at 8:18 p.m.

TRUSTEE STOUMBAUGH MOVED, TRUSTEE HAIGHT SECONDED to amend the Grant of Easement to include a dollar amount of $4,500.00 and include the construction of a cobblestone crossing across the easement wide enough for one vehicle to cross if needed. Voting was as follows:  YES: Wood, Haight, Lavoie, Ness, Rector, Stoumbaugh, Venter  NO: None  ABSTAIN: None  ABSENT: None

The Mayor declared the motion carried.

TRUSTEE HAIGHT MOVED, TRUSTEE STOUMBAUGH MOVED to take a ten-minute break. The motion carried. The meeting reconvened at 8:32 p.m.

Lucinda Boyd addressed the Board about her sewer line easement on Seventh Ave. She wants the Town to replace any of her trees that may have to be removed during sewer line replacement. She also asked the Board about the possibility of moving the sewer line and adding a lift station so her trees will not be disturbed.

The Board told Mrs. Boyd that they did not have the expertise to realign the sewer main or re-engineer the project.

TRUSTEE WOOD MOVED, TRUSTEE LAVOIE SECONDED to go into executive session for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-402(4)(e). Voting was as follows:  YES: Haight, Lavoie, Ness, Rector, Stoumbaugh, Venter, Wood  NO: None  ABSTAIN: None  ABSENT: None

The mayor declared the motion carried.

The Board went into executive session at 8:45 p.m. The meeting reconvened at 9:12 p.m.

The Board will not consider compensation for any trees other than what is included in the original easement. They explained to Mrs. Boyd that the engineers had already moved the sewer line approximately five feet to avoid two cedar trees. The Board offered to have the placement of the sewer line staked out for Mrs. Boyd's reference.

TRUSTEE VENTER MOVED to adjourn the meeting. The Mayor did not entertain the motion.

TRUSTEE STOUMBAUGH MOVED, TRUSTEE WOOD SECONDED to have the placement of the sewer main on the Boyd property staked out according to the project plans after which the Boyds will have 48 hours to sign the easement or the Board will continue with condemnation. The motion carried.

Budget preparation for 2005 has begun.

Attorney Stan Kimble has some question about the Town's ability to receive its portion of the .25% county use tax, unless the Town can devise a way to collect the tax for the county. It is possible it could be done in conjunction with building permits.

Trustee Ness again asked for a stop sign at Fifth Ave. and Burton St.

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

The regular meeting was adjourned at 9:37 p.m.

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Beryl H. Rector, Mayor

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Patti K. Owens, Town Clerk