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TOWN OF KEENESBURG BOARD OF TRUSTEES REGULAR MEETING AGENDA MONDAY, MARCH 19, 2012 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, March 19, 2012 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, Steve Brandt, Sandra Beach, Wendi Tyler, and Mayor Danny Kipp. Members Absent: Trustee Leroy Blackston, and Richard Traxler. Others Present: Kathleen Kelly, Town Attorney, and Debra Chumley, Town Clerk.
Public Comments: Mark Gray, 195 Gandy Ave, Keenesburg, CO 80643: Mr. Gray had questions in regard to the A & W water agreement, he acknowledged that it was a good move financially to sell water, but wondered if there was a better way to deliver that water that would not impact the quality of water the residents are receiving. Mr. Gray wanted to know how long Carl Fredrickson, 345 S. Main St, Keenesburg, CO 80643. Mr. Fredrickson inquired about where the money for the bulk water sales is going, and what the purpose it served. Mayor Kipp stated that the money goes into the water fund, and that four wells have been repaired and that the income from the bulk water sales is being earmarked for a project to get the North tank repaired and back online to allow the tank at the blending station to be taken out of service for needed maintenance. Mr. Fredrickson questioned why the water rates have not been lowered if the town is making all this money. Mayor Kipp noted that the metropolitan district had defaulted on their agreement, and the town is not currently receiving the money from the pipeline agreement, making the bulk water sales necessary to make the payment on a loan from the Colorado Water Conservation Board. Mr. Fredrickson asked if the bulk water could be pulled directly from the wellhead. Mayor Kipp stated that the board had looked at that and it is something that could be considered, however there are mitigation fees for damage to county roads that would need to paid, as well as fees for a permit for this to happen. Trustee Baumgartner explained that when this began, there was no money for any mitigation, or for the special permit that is required. Mr. Fredrickson also wanted to know about the thirty minute contact time, and noted the amount of water being used versus the amount of chlorine that has been used, and why when double the amount of water has been used that the chlorine has not doubled? Mayor Kipp noted that the town has daily records of the chlorine residual in the water. Mayor Kipp went over the water usage records that Mr. Fredrickson had and explained that the town holds the chlorine residual as close to 1.00 as possible. Trustee Baumgartner also pointed out that there are a lot of variables to consider when looking at chlorine usage such as time of year, temperature, etc. Mr. Fredrickson asked who the company was that watches over our water, Mayor Kipp responded, Ramey Environmental, and it is tested every two minutes with an analyzer, a daily report prints from the scada system every day. The town also adheres to monitoring schedule that is state mandated, and Ramey Environmental makes sure that these tests are performed and submitted to the state.
Consent Agenda: a. Approval of minutes 02/21/2012 Financials and payment of Bills: Motion was made by Trustee Tyler, seconded by Trustee Brandt to approve the consent agenda items; Motion carried 5-0, Mayor Kipp, Trustees Baumgarnter, Brandt, Beach, and Tyler voting yes.
Old Business: b. Safebuilt Scope of Services for Code Enforcement: The board reviewed the scope of services presented by Safebuilt, and there were no questions. The board asked that an agreement be prepared for the next meeting on April 16, 2012.
New Business: c. ORDINANCE 2012-01 Dog Licenses: Motion was made by Trustee Baumgartner, seconded by Trustee Tyler to approve ORDINANCE 2012-01; Motion carried 5-0, Mayor Kipp, Trustees Baumgarnter, Brandt, Beach, and Tyler voting yes.
d. CEBT Health Insurance Renewal The board discussed the options and rates available for renewal. The current plan that the town offers, has a deductible of $300, this plan is discontinued as of July 1, 2012, the next best plan is $600 deductible, $1000.00, and $1500.00 deductible. The board discussed these options and decided that they would like to offer the employees the $600 deductible. Motion was made by Trustee Baumgartner, seconded by Trustee Beach to renew the health insurance offering a PPO $600 deductible; Motion carried 5-0, Mayor Kipp, Trustees Baumgarnter, Brandt, Beach, and Tyler voting yes.
e. Great Copier Renewal Agreement: Motion was made by Trustee Tyler, seconded by Trustee Brandt to approve the renewal of the Great Copier Agreement; Motion carried 5-0, Mayor Kipp, Trustees Baumgarnter, Brandt, Beach, and Tyler voting yes.
f. Burial on private land: The board discussed the guidelines that were issued by Weld County in regard to burials on private land, the board directed attorney Kathleen Kelly to provide more information in regard to what other town’s are doing, and to offer recommendations to the board at the next scheduled meeting.
g. Executive session: Motion was made by Trustee Baumgarnter, seconded by Trustee Tyler 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. § 24-6-402(4)(e) regarding the possible sale of Roggen Well # 10, proposed Standard Water Service Agreement with RE-3J School District, and 1st Amendment to the Pioneer Agreement. Motion carried 5-0 a roll call vote was taken, Mayor Kipp, Trustees Baumgartner, Brandt, Beach, and Tyler voting yes.
Mayor Kipp stated that the time was now 8:14 p.m. and the executive session had concluded. The participants in the executive session were: Attorney Kathleen Kelly, Trustee Cindy Baumgartner, Trustee Steve Brandt, Mayor Danny Kipp, 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.
h. 1st Amendment to Pioneer Agreement: Mayor Kipp addressed Mr. Joel Farkas asking why there was an addition to paragraph 16 with no explanation. Mr. Farkas addressed the board and introduced Mary Ann McGeady, Mary Ann addressed the board: Mary Ann McGeady, McGeady, Sisneros, who represents Pioneer regional and Pioneer districts 1-6. Mary Ann handed out talking points to the board and reviewed them. First the amendment changes the term of the repayment from the original thirty years to twenty years increasing the payment made to the Town of Keenesburg from 50478.86 63958.60 starting in 2013. The town was interested in more capacity in the pipeline increasing from 300 gpm to 400 gpm; the town has been providing chlorinated water through the pipeline so there is added language to address this allowing for Pioneer to install a chlorination mechanism somewhere off the main line at the time when Pioneer begins to use the pipeline. Under the current agreement Pioneer Regional is responsible for the payment to the Town of Keenesburg, Pioneer Regional was supposed to receive income in the form of development fees i.e. tap fees etc, with no building this has not occurred which is what caused the default of the agreement. Pioneer Regional is now contracting with Districts 2-5 which have a tax base within their boundaries so that they can impose a mill levy and provide that revenue to district 3 in order to make the payment and that is why we are asking for an assignment of the agreement to Pioneer District 3. We anticipate 100-150 K in tax revenue that demonstrates our ability to make the payment. The next is a revision to the default provision and has been clarified so that if the payment is not made that Pioneer will lose its right to the use of the pipeline. We are including a representation and warranties in the form of providing to the town District three’s budget each year to show that we have provided for the payment within the budget and that the mill levy has been imposed. Paragraph 16 is a clarification for leasing and selling capacity in the pipeline, and that each party may negotiate with third parties, but the districts will still be responsible to meet the contract provisions. April 16, 2012 will be the next meeting and we hope to be able to provide an executed FFCO and first amendment, to the board at that time. The board had asked that the district consider 15 years, and the district came back with a proposal of 20 years. Mr. Farkas and Mary Ann McGeady thanked the board for trying to work through this process to amend the agreement. This agreement will be considered at the next meeting.
Board Member Information and discussion: i. 1) Well Flow Data 2) Crime Report February
Mayor Kipp asked that the next meeting scheduled for April 2, 2012 be canceled. The next meeting will be held April 16, 2012. There is an open house for WCR 49 access control plan is scheduled for March 28, 2012 at 5:30 at Hudson Fire Station. This is the first public meeting. There will be another public meeting on Wednesday April 4, 2012 in Kersey at the high school. Family Dollar is planning on breaking ground April 23, 2012.
Staff Reports:
Legal: none. Engineering: None. Public Works: Marc Johns took his water and sewer test this past Saturday, and although we do not have the results I am confident that he will have his small water & wastewater license.
Committee Reports:
Finance: Finance committee met will full attendance; audit will start March 20, 2012. Water/Waste Water: None. Parks: None. Streets: None.
Board Member Comments: Trustees Beach, Baumgartner, and Mayor Kipp attended a meeting with the school district, and there was discussion about communication. There was a presentation about the change in to Hudson Elementary to a magnet school. Trustee Baumgartner updated the board on the I-76 initiative with upstate Colorado.
Adjournment: Motion was made by Mayor Kipp seconded by Trustee Brandt to adjourn the meeting; motion carried 6-0, Mayor Kipp, Trustees Baumgartner, Brandt, Traxler, Beach, and Tyler voting yes. Meeting adjourned at 8:48 p.m.
ATTEST:
Danny R. Kipp, Mayor Debra L. Chumley, Town Clerk
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