TOWN OF DEER TRAIL, COLORADO

BOARD OF TRUSTEES

Special Meeting

June 21, 2007

CALL TO ORDER

The Board of Trustees of the Town of Deer Trail met in special session on Thursday, June 21, 2007 at the Town Hall, 555 Second Avenue, Deer Trail, Colorado.  Mayor Jim Johnson called the meeting to order at 7:00 p.m.

The purpose of the meeting was to hear an appeal of the Notice and Order sent to Robert Byg and Stephen Byg concerning a violation of Ordinance No. 233 at their property at 190 Elm Street.

ROLL CALL

                Mayor                        Jim Johnson

                Trustees

                Present:                     Frank Fields

            Gary Lavoie

                                                Bob Sanger

                                                Tami Stoumbaugh

                                                Dutch Venter

                Staff

                Present:                    Patti Owens, Town Clerk

                                                Harriet Stewart, Code Enforcement Officer

                                                Stan Kimble, Town Attorney

NOTICE AND ORDER APPEAL

Town Attorney Stan Kimble reviewed the Notice and Order sent to Robert B. and Stephen K. Byg to bring property at 190 Elm Street into compliance with Ordinance No. 233.  Byg’s appeal letter was read.  Attorney Stan Kimble addressed the points of violation, as well as the letters that were sent to the property owners beginning in September, 2006.

Kimble emphasized that the Board’s duty at this meeting was to determine if elements are present in this issue to continue to municipal court, not sit as a judge or look at the rules, as that is the duty of the municipal judge.

Code Enforcement Officer Harriet Stewart reviewed her job duties.  She identified photos taken at the property at 190 Elm Street, as well as reviewed the process that had been used for notifying the owners of violations.

Rob Byg and audience members asked questions about Ms. Stewart’s training and her ability to identify junk.  They asked about other properties in violation of the ordinance, as well as the municipal court procedure.  Questions were also raised about proper notice being given to the property owners.

TRUSTEE STOUMBAUGH MOVED, TRUSTEE LAVOIE SECONDED to close the hearing, dismiss the appeal, and set a court date for Tuesday, July 3 at 9:00 a.m.  Voting was as follows:

                YES:                        Johnson, Lavoie, Sanger, Stoumbaugh

                NO:                         Fields, Venter

                ABSTAIN:            None

                ABSENT:               Wood

The Mayor declared the motion carried.

ADJOURNMENT

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

The special meeting was adjourned at 7:47 p.m.

______________________________

James Johnson, Mayor

ATTEST

______________________________

Patti K. Owens, Town Clerk