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TOWN OF KEENESBURG BOARD OF TRUSTEES SPECIAL MEETING AGENDA MONDAY, DECEMBER 12, 2011 7:00 P.M. KEENESBURG TOWN MEETING HALL 140 S.MAIN STREET, KEENESBURG, CO 80643
Call to Order: The Board of Trustees of the Town of Keenesburg met in a regular session on Monday, December 12, 2011 at Keenesburg Town Hall located at 140 S. Main Street. Mayor Kipp called the meeting to order at 7:00 p.m.
Pledge of Allegiance
Roll Call Board members present: Trustees Cindy Baumgartner (arrived late at 7:05 p.m.), Steve Brandt, Richard Traxler, Leroy Blackston, Sandra Beach, Wendi Tyler, and Mayor Danny Kipp. Others Present: Melinda Culley, Associate Light Kelly & Dawes, and Debra Chumley, Town Clerk.
Public Comments: Lisa Cole, 340 Lambert Ct, Keenesburg, CO 80643. Lisa addressed the board in regard to the three dog limit in the Keenesburg Municipal Code asking for an exception. She explained that she had four dogs; one is quite a bit older and not sure how much longer it would live. Ms. Cole asked that she be able to keep her four dogs with the understanding that when the older one was gone she would not replace it, and would then be in compliance with the three dog rule. The consensus of the board was to allow Lisa to keep her four dogs with the above mentioned understanding. Staff was directed to provide a letter stating the determination of the board.
Consent Agenda: a. Approval of minutes 11/14/2011 Approval of minutes 11/22/2011 Financials and payment of Bills: Motion was made by Trustee Tyler, seconded by Trustee Blackston to approve the consent agenda items; Motion carried 7-0, Mayor Kipp, Trustees Baumgarnter, Brandt, Traxler, Blackston, Beach, and Tyler voting yes.
Old Business: b. Wildlife Hunters Assoc request to Hunt Prairie Dogs on Stewart Property: This item was tabled until next meeting.
New Business: c. ORDINANCE 2011-06 to vacate a portion of the alley located at property on the ne corner of Market and First St.: Michael Cassutt, M.J. Cassutt Architects, explained to the board that the intent was to use the entire parcel rather than splitting it up, and in order to use the revised design, it is necessary to vacate a portion of the alley, as the proposed Family Dollar store will be on the platted alley. They have been in contact with CDOT for an access point off of Market St., and they do have an alternative if that is denied, however it looks good to have it approved, just a matter of location. Motion was made by Trustee Tyler, seconded by Trustee Blackston to approve ORDINANCE 2011-06 to vacate a portion of the alley located on the property on the NE corner of Market and First St; motion carried 7-0, Mayor Kipp, Trustees Baumgarnter, Brandt, Traxler, Blackston, Beach, and Tyler voting yes.
d. SIPA (State Internet Portal Authority) EGE (Eligible Government Entity) Agreement RESOLUTION 2011-18: The town clerk explained that this agreement is the first step to get a payment portal set up through the State Internet Portal Authority that will allow our citizens to make credit card and electronic check payments on the internet, and credit card payments in person at town hall. Motion was made by Trustee Beach, seconded by Trustee Baumgartner to approve RESOLUTION 2011-18 approving the SIPA EGE agreement; motion carried 7-0, Mayor Kipp, Trustees Baumgarnter, Brandt, Traxler, Blackston, Beach, and Tyler voting yes.
e. Fee increase for Legal Services: Motion was made by Trustee Baumgartner, seconded by Trustee Tyler to approve the increase in legal fees; motion carried 7-0, Mayor Kipp, Trustees Baumgarnter, Brandt, Traxler, Blackston, Beach, and Tyler voting yes.
f. Executive Session: Motion was made by Trustee Baumgartner, seconded by Trustee Tyler to go into executive Session for discussion of a personnel matter under C.R. S. Section 24-6-402 (4) (f) (I) and not involving any specific employees who have requested discussion of the matter in open session, specifically for the Board of Trustees to review performance evaluations of Town employees that have been prepared by the Mayor, as required by Section VII.B.1 of Town of Keenesburg Personnel Policy. Motion carried with a roll call vote 7-0, Mayor Kipp, Trustees Baumgarnter, Brandt, Traxler, Blackston, Beach, and Tyler voting yes.
Mayor Kipp stated that the time was now 7:54 p.m. and the executive session had concluded. The participants in the executive session were: Attorney Melinda Culley, Trustee Cindy Baumgartner, Trustee Steve Brandt, Trustee Richard Traxler, Mayor Danny Kipp, and Trustee Leroy Blackston, Trustee Sandra Beach, and Trustee Wendi Tyler. For the record, if any person who participated in the executive session believes that any substantial discussion of any matters not included in the motion to go into the executive session occurred during the executive session, or that any improper action occurred during the executive session in violation of the Open Meetings Law, I would ask that you state your concerns for the record. Seeing none we will move to the next agenda item.
g. Sparrow Land Dedication Agreement: Bruce Sparrow, 29591 WCR 16, Keenesburg, CO 80643. Mr. Sparrow addressed the board in regard to the indemnification clause in the contract. He stated that if he were to sign this he would forever for the rest of his life be responsible for anything that may be buried on that land, he did not feel that this was reasonable. The board discussed this issue and the consensus was that because many of the board members have been in Keenesburg their entire lives, they know for a fact that there is no circumstance that would create an environmental problem. Also the intent for this land and as it is stated in the agreement this land is to remain open space, there will not likely be anything built on it. Melinda reiterated the legal standpoint that the language should remain in the agreement to best protect the town. The board directed staff to delete the indemnification clause under section 2d beginning with “Sparrow does hereby indemnify….” and to bring back a clean copy to the next board meeting along with a resolution to approve the land transfer.
h. Discussion of Chasity Elliott’s evaluation and compensation per request: Mayor Kipp went over the evaluation with the Board, noting that she received a good evaluation. Chasity was asked if there was anything that she wanted to say to the board; she declined comment. i. Determination of Wage Increases: The board discussed proposed wage increases at length. The proposed increases to be effective January 1, 2012 were 3% for Tony and Chasity; a $2.50 raise per hour for Marc Johns, and a move to salary for Debra at $55100/yr. Salary ranges were discussed but were not set, and will be discussed at a future meeting to set ranges for each job classification. There was much discussion in regard to the economy, and some felt that these were modest and fair raises given each employees job descriptions and classifications, and some felt that there should not be any raises.
Motion was made by Trustee Tyler, seconded by Trustee Baumgartner to approve recommended wage increases; a roll call vote was taken motion carried 5-2, Mayor Kipp, Trustees Baumgarnter, Blackston, Beach, and Tyler voting yes; Trustees Brandt, and Traxler voting no. . j. Determination of Town’s Contribution to Employee IRA’s Motion was made by Trustee Baumgartner, seconded by Trustee Beach to continue the 5% of base pay contribution to the employee IRA’s; motion carried 6-0, Mayor Kipp, Trustees Baumgarnter, Traxler, Blackston, Beach, and Tyler voting yes. (Trustee Brandt left the meeting)
k. Public Hearing: 2012 Budget: Mayor Kipp opened the public hearing at 8:37 p.m. There was no public comment. Mayor Kipp went over the budget pointing out the bottom line for each fund, noting that all funds would be at a profit with this budget, to build the town’s fund balances. There is $50,000.00 budgeted for streets, h hoping to be able to do more in the future. The public hearing closed at 8:43 p.m.
l. RESOLUTION 2011-15 Adopting the 2012 Budget: Motion was made by Trustee Tyler, seconded by Trustee Baumgartner to approve RESOLUTION 2011-15 adopting the 2012 budget; motion carried 6-0, Mayor Kipp, Trustees Baumgarnter, Traxler, Blackston, Beach, and Tyler voting yes.
m. RESOLUTION 2011-16 Appropriating Sums of Money: Motion was made by Trustee Tyler, seconded by Trustee Baumgartner to approve RESOLUTION 2011-16 appropriating sums of money; motion carried 6-0, Mayor Kipp, Trustees Baumgarnter, Traxler, Blackston, Beach, and Tyler voting yes.
n. RESOLUTION 2011-17 Setting the Mill Levy:
Motion was made by Trustee Tyler, seconded by Trustee Baumgartner to approve RESOLUTION 2011-17 setting the mill levy; motion carried 6-0, Mayor Kipp, Trustees Baumgarnter, Traxler, Blackston, Beach, and Tyler voting yes.
Board Member Information and discussion: o. 1) Well Flow Data November 2) Violation Report
Staff Reports:
Legal: none. Engineering: none. Public Works: none.
Committee Reports:
Finance Water/Waste Water Parks Streets
Board Member Comments:
Mayor Kipp stated that everyone on the board may not agree, that we are all doing the best we can for the citizens of the town, and that everyone’s opinion is respected and appreciated.
The town received a 2008 1/21 Chevy Silverado from Chesapeake Oil Company as a donation to the town, please take a look at it, it was parked in front of Town Hall, and there will be a formal presentation on Tuesday, December 20, 2011 at 10:00 a.m.
The January meeting will be held on Tuesday, January 17, since the 16th is on a holiday. The proposed board meeting schedule for 2012 will be in the January board packet.
Trustee Baumgartner gave an update on the I-76 Initiative would like to see the town update their comprehensive plan, and plan an IGA with Hudson for growth boundaries. It is important to make every effort to be prepared for the anticipated growth.
Adjournment: Motion was made by Trustee Tyler, seconded by Trustee Beach to adjourn the meeting; motion carried 6-0, Mayor Kipp, Trustees Baumgartner, Traxler, Blackston, Beach, and Tyler voting yes. Meeting adjourned at 9:00 p.m.
Danny R. Kipp, Mayor Debra L. Chumley, Town Clerk
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