The Board of Trustees of the Town of Deer Trail met in regular session on February 3, 2004 at the Town Hall, 555 Second Avenue, Deer Trail, Colorado. The mayor and mayor pro tem were not in attendance,

TRUSTEE NESS MOVED, TRUSTEE VENTER SECONDED to appoint Trustee Lavoie to chair the meeting. The motion carried.

The meeting was called to order by Trustee Lavoie at 6:59 p.m.

Trustees Present: Ralph Haight, Gary Lavoie, Russell Ness, Dutch Venter, Melvin Wood  Staff Present: Patti Owens, Town Clerk

Public Present: Glenn Kunkel, David Ford, Tami Twombly, Robyn Lydick

The Town Clerk added an agenda item to new business: Fifth Avenue Trenching.

TRUSTEE HAIGHT MOVED, TRUSTEE WOOD SECONDED to approve the agenda with an addition to new business. The motion carried.

TRUSTEE NESS MOVED, TRUSTEE VENTER SECONDED to approve the January 6, 2004 regular meeting minutes. The motion carried.

TRUSTEE NESS MOVED, TRUSTEE WOOD SECONDED to approve the January 8, 2004 special meeting minutes. The motion carried.

TRUSTEE WOOD MOVED, TRUSTEE NESS SECONDED to approve the January 20, 2004 special meeting minutes.

The Town Clerk reported that Bijou Telephone Co-op had been given permission to erect a six-feet tall fence around their property at First Ave. and Date St. Three strands of barbed wire will be placed at the top of the fence for security.

-Readings

The Town Clerk reported water usage for the month of January, 2004 was 1,453,100. The average sewer flow for January was 36,474 gallons per day.

The Town Clerk presented year-to-date budget reports for the General Fund, Water Fund, and Sewer Fund.

Three Town Board members' terms expire in April, 2004, Trustees Haight, Lavoie, and Ness. Nomination petitions for prospective Board members will be available no later than Friday, Feb. 13.

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

The Town Clerk presented a draft letter to voters concerning the proposed sales/use tax issue that will be placed on the April 6, 2004 ballot. General consensus of the Board is that the mailing should be sent in mid-March, with mention of the sales/tax issue in the February and March newsletters.

-Correspondence

The Town Clerk presented several items of correspondence to the Board regarding the upcoming sewer project.

TRUSTEE LAVOIE MOVED, TRUSTEE VENTER SECONDED to contact Stan Kimble to see if he is interested in being the Town's legal counsel during the sewer project. The motion carried.

-Loan Resolution

TRUSTEE HAIGHT MOVED, TRUSTEE NESS SECONDED to approve the Loan Resolution authorizing and providing for the incurrence of indebtedness for the purpose of providing a portion of the cost of acquiring, constructing, enlarging, improving, and/or extending its wastewater treatment plant and collection system. Voting was as follows:  YES: Lavoie, Ness, Venter, Wood, Haight  NO: None

ABSTAIN: None  ABSENT: Rector, Stoumbaugh  The motion carried.

-Bond Counsel

TRUSTEE HAIGHT MOVED, TRUSTEE WOOD SECONDED to accept the Bond Counsel Agreement with Larry Berkowitz of Grimshaw & Harring for the loan to fund improvements to the Town's wastewater system. Voting was as follows:  YES: Ness, Venter, Wood, Haight, Lavoie  NO: None  ABSTAIN: None  ABSENT: Rector, Stoumbaugh   The motion carried.

-Interim Financing

TRUSTEE HAIGHT MOVED, TRUSTEE LAVOIE SECONDED to accept First National Bank of Strasburg to provide interim financing of $717,000 for the sewer project at an interest rate of 3.375% for one year. Voting was as follows:  YES: Venter, Wood, Haight, Lavoie, Ness  NO: None  ABSTAIN: None  ABSENT: Rector, Stoumbaugh  The motion carried.

-Second Avenue Lift Station

TRUSTEE HAIGHT MOVED, TRUSTEE LAVOIE SEDONDED to remove the Second Ave. lift station from the sewer project. The motion carried.

Following their survey, GMS, Inc. has expressed concern about several alley obstacles. They will be dealt with on a case-by-case basis when the sewer project is underway.

TRUSTEE HAIGHT MOVED, TRUSTEE LAVOIE SECONDED to replace the old magnetic locator with a new one at a cost of $495. Voting was as follows:  YES: Wood, Haight, Lavoie, Ness, Venter  NO: None  ABSTAIN: None  ABSENT: Rector, Stoumbaugh  The motion carried.

Glenn Kunkel has asked that the Town give historic designation to the Brown Derby so he may be eligible for grant money, with an April 1 application deadline.

Trustee Ness was excused from the meeting at 7:42 p.m.

TRUSTEE HAIGHT MOVED, TRUSTEE WOOD SECONDED to table a decision on the historic designation for the Brown Derby until more information can be obtained. The motion carried.

Kunkel also reported on conversations with Union Pacific Railroad representatives regarding his proposed parking lot in the Spirit of the Prairie Park.

The Town Clerk presented information on a possible Great Outdoors Colorado grant to replace or refurbish the bike/walk path in the Spirit of the Prairie Park. No action was taken.

Earth Environmental Services, Inc. is seeking permission to trench along and across Fifth Avenue near Cedar St. to expand the existing vapor recovery and treatment system for the Corner Gas Remediation Project.

TRUSTEE HAIGHT MOVED, TRUSTEE WOOD SECONDED to allow Earth Environmental Services, Inc. to trench along and across Fifth Avenue. The motion carried.

The Board received correspondence and a check from Tri-County Health Dept. for $2,956.40 for reimbursement for mosquito control adulticide expenses in the Town's efforts to control West Nile Virus during 2003. The money was part of a grant from the Centers for Disease Control. The Town Clerk applied for additional money that was spent to larvicide.

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

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

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Gary Lavoie, Acting Chair

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Patti K. Owens, Town Clerk