The Board of Trustees of the Town of Deer Trail met in regular session on Wednesday, November 3, 2004 at the Town Hall, 555 Second Avenue, Deer Trail, Colorado. Mayor Tink Rector called the meeting to order at 7:20 p.m.

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

Staff Present: Patti Owens, Town Clerk

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

TRUSTEE WOOD MOVED, TRUSTEE LAVOIE SECONDED to approve the October 5, 2004 regular meeting minutes. The motion carried.

Bob Sanger thanked the Mayor and Board of Trustees for trying to help the town move forward with their support of the sales tax ballot issue. With this year's defeat, Sanger encouraged the Board to pursue the sales tax issue again in the future.

-Readings

The Town Clerk reported water usage for the month of October, 2004 was 1,821,300 gallons. The average sewer flow for October was 28, 205 gallons per day.

The Town Clerk reported that the 2005 budgets would be adopted at the December board meeting.

The 2005 CDBG Grant applications submitted to Arapahoe County were a $10,000 application for curb and gutter and an $85,000 application for asphalt paving. Grants will be awarded in late January or early February.

Arapahoe County Undersheriff Mark Campbell was on hand to answer questions about enforceable curfew citations, the County's ability to help with municipal court issues such as security and civil standby, and the cost to the Town.

The striping of Second Avenue by the Colorado Department of Transportation was discussed. Though they were not asked to do so, CDOT striped Second Avenue at no charge to the Town.

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

The Mayor declared the motion carried.

TRUSTEE STOUMBAUGH MOVED, TRUSTEE LAVOIE SECONDED to approve the Addendum to the Agreement for Engineering Services with GMS, Inc. for the upcoming sewer project. Voting was as follows:  YES: Lavoie, Rector, Stoumbaugh, Venter, Wood, Haight  NO: None  ABSTAIN: Non  ABSENT: Ness

The Mayor declared the motion carried.

TRUSTEE STOUMBAUGH MOVED, TRUSTEE WOOD SECONDED to approve Draw Request One for the sewer project for engineering fees totaling $144,238.39. Voting was as follows:  YES: Rector, Stoumbaugh, Venter, Wood, Haight  NO: None  ABSTAIN: None  ABSENT: Ness

The Mayor declared the motion carried.

In order for the Town of Deer Trail to receive share back funds from Arapahoe County's .25% use tax, the Town must sign an Intergovernmental Agreement with the County which sets out guidelines for collection and distribution of the tax. The agreement states that the Town use its "best efforts and reasonable methods" to collect the tax.

TRUSTEE LAVOIE MOVED, TRUSTEE STOUMBAUGH MOVED to approve emergency Ordinance 220 - amending ordinances 138 and 140 to provide for collection at the time of the issuance of the building permit, of the Arapahoe County use tax on all building and construction materials either purchased in the Town of Deer Trail, or purchased outside of the Town of Deer Trail but used in the construction of structures within the Town. Voting was as follows:  YES: Stoumbaugh, Venter, Wood, Haight, Lavoie, Rector  NO: None  ABSTAIN: None  ABSENT: Ness

The Mayor declared the motion carried. Because the ordinance is an emergency ordinance, it becomes effective immediately.

TRUSTEE STOUMBAUGH MOVED, TRUSTEE LAVOIE SECONDED to approve Resolution 04-15 entering into an intergovernmental agreement with the County of Arapahoe for the acceptance, administration, and expenditure of share back funds. Voting was as follows:  YES: Venter, Wood, Haight, Lavoie, Rector, Stoumbaugh  NO: None  ABSTAIN: None  ABSENT: Ness

The Mayor declared the motion carried.

TRUSTEE WOOD MOVED, TRUSTEE LAVOIE SECONDED to approve the Intergovernmental Agreement with Arapahoe County regarding collection and distribution of the County Use Tax. Voting was as follows:  YES: Wood, Haight, Lavoie, Rector, Stoumbaugh, Venter

NO: None  ABSTAIN: None  ABSENT: Ness

The Mayor declared the motion carried.

The Board is considering a drainage grant paid for in large part with Energy and Mineral Impact Assistance grant funds. The Town will have to match at least 30% of the cost of the study, which is estimated at approximately $30,000.

TRUSTEE HAIGHT MOVED, TRUSTEE STOUMBAUGH SECONDED to submit an application for the Energy and Mineral Impact Assistance grant for $30,000 for a drainage study with the Town providing $9,000. Voting was as follows:  YES: Haight, Rector, Stoumbaugh, Wood  NO: Lavoie, Venter  ABSTAIN: None  ABSENT: Ness

The Mayor declared the motion carried. The $9,000 will be taken from General Fund Reserves.

GMS, Inc. informed the Town about a used sewer cleaning truck the Fountain Sanitation District was selling for $5,000. Randy Eldringhoff and mechanic Randy Reed inspected the truck in October and a 30-day letter of intent to purchase was signed with the Fountain Sanitation District on October 25. The truck should meet all the Town's future sewer line cleaning needs.

TRUSTEE HAIGHT MOVED, TRUSTEE LAVOIE SECONDED to approve purchase of the used sewer cleaning truck at a cost of $5,000. Voting was as follows:  YES: Lavoie, Rector, Stoumbaugh, Venter, Wood, Haight  NO: None  ABSTAIN: None  ABSENT: Ness

The Mayor declared the motion carried.

In order to pay $17,500 for repairing and painting the water tower, money must be taken from the Water Fund reserves.

TRUSTEE STOUMBAUGH MOVED, TRUSTEE WOOD SECONDED to approve Resolution 04-16 appropriating additional sums of money to defray expenses in excess of amounts budgeted for the Town of Deer Trail. Voting was as follows:  YES: Rector, Stoumbaugh, Venter, Wood, Haight, Lavoie  NO: None  ABSTAIN: None  ABSENT: Ness

The Mayor declared the motion carried.

Glenn Kunkel asked for three building permits for properties at 604 First Avenue, 608 First Avenue, and 618 First Avenue.

TRUSTEE LAVOIE MOVED, TRUSTEE WOOD SECONDED to approve Glenn Kunkel's building permits at 604 First Avenue, 608 First Avenue, and 618 First Avenue. Voting was as follows:  YES: Stoumbaugh, Venter, Wood, Haight, Lavoie, Rector  NO: None  ABSTAIN: None  ABSENT: Ness

The Mayor declared the motion carried.

Since the Town received and spent $82,997.50 CDBG monies in 2004 instead of the budgeted $10,000, a supplemental budget must be done.

TRUSTEE STOUMBAUGH MOVED, TRUSTEE LAVOIE SECONDED to approve Resolution 04-17 appropriating additional sums of money because of additional grant proceeds for the Town of Deer Trail. Voting was as follows:  YES: Venter, Wood, Haight, Lavoie, Rector, Stoumbaugh  NO: None  ABSTAIN: None  ABSENT: Ness

The Mayor declared the motion carried.

Trustee Lavoie expressed his disappointment that the sales tax issue did not pass and would like it to be placed on the next ballot.

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

The regular meeting was adjourned at 8:39 p.m.

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Beryl H. Rector, Mayor

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Patti K. Owens, Town Clerk