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					                               TOWN OF BENNETT, COLORADO
                                  BOARD OF TRUSTEES
                                      Regular Meeting
                                     September 27, 2005

1.   CALL TO ORDER

     The Board of Trustees of the Town of Bennett met in regular session on September 27, 2005 at the
     Town Hall, 355 4th Street, Bennett, Colorado. Mayor Pro Tem Sue Horn called the meeting to order
     at 7:21 p.m. The following persons were present upon the call of the roll:

     Mayor:               Karen Grossaint – Absent

     Trustees Present:    David Dummar
                          Kurt Eanes
                          Sue Horn
                          Neal Mancuso – Absent
                          Rich Pulliam
                          Carol Small

     Staff Present:       Randy Holland, Director of Public Works
                          Tam Intermill, Town Clerk/Treasurer
                          Sam Light, Town Attorney
                          Bruce Nickerson, Town Planner
                          Matthew Reay, Town Administrator
                          Rebecca Toberman, Planner I
                          Chuck Weiss, Town Engineer
                          Lynette White, Secretary

     Public Present:      Steve Vetter, John Small, Matt Scheel, Harold Romer, Kelley Milliken, Brian
                          Ridgway

2.   APPROVAL OF AGENDA

     TRUSTEE PULLIAM MOVED, TRUSTEE EANES SECONDED to amend the agenda as follows:
          Add 3. Consent Agenda, B. Approval of Minutes of, 2. September 20, 2005
          Add 5. Regular Business, B. Action/Discussion Items, 8. 2004 Audit Report
     The Mayor Pro Tem declared the motion carried.

3.   CONSENT AGENDA

     TRUSTEE PULLIAM MOVED, TRUSTEE EANES SECONDED to approve the consent agenda.
     Voting was as follows:
         YES:              Dummar, Eanes, Horn, Pulliam, Small
         NO:               None
         ABSENT:           Grossaint, Mancuso
     The Mayor Pro-Tem declared the motion carried.
     Approval of Bills
         1. Action: Approve bill list of September 27, 2005
     B. Approval of Minutes
         1. Action: Approve regular meeting minutes of September 13, 2005
         2. Action: Approve special meeting minutes of September 20, 2005
Town of Bennett
Regular Meeting
September 27, 2005
Page 2 of 9



4.   PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA

     There were no public comments.

5.   REGULAR BUSINESS

     Public Hearing
        1. Public Hearing – Central Industrial Park Outline Development Plan – Case No.
             05.07ODP
        2. Public Hearing – Maya’s Subdivision Filing No. 2 Preliminary Plat – Case No. 05.08PP
        3. Public Hearing – Central Industrial Park Preliminary Development Plan – Case No.
             05.09PDP
        4. Public Hearing – Maya’s Subdivision Filing No. 2 Final Plat – Case No. 05.10FP
        5. Public Hearing – Central Industrial Park Final Development Plan – Case No. 05.11FDP

         Trustee Small recused herself from discussion from the Public Hearings Central Industrial Park,
         Case Nos. 05.07ODP, 05.09PDP, 05.11FDP and Maya’s Subdivision Filing No. 2 Preliminary
         Plat and Final Plat, Case Nos. 05.08PP and 05.10FP. Trustee Small stated the she is also an
         owner of the property and would be addressing the Board during the Public Hearing.

         Sam Light, Town Attorney, advised the Board the Public Hearings for Central Industrial Park,
         Case Nos. 05.07ODP, 05.09PDP, 05.11FDP and Maya’s Subdivision Filing No. 2 Preliminary
         Plat and Final Plat, Case Nos. 05.08PP and 05.10FP may be opened concurrently.

         Mayor Pro Tem Horn opened the Public Hearings for Central Industrial Park ODP, PDP and
         FDP, Case Nos. 05.07ODP, 05.09PDP, 05.11FDP and Maya’s Subdivision Filing No. 2
         Preliminary Plat and Final Plat, Case Nos. 05.08PP and 05.10FP concurrently at 7:27 p.m.

         The Mayor Pro Tem administered the oath of testimony to all persons wishing to speak in regard
         to the Public Hearing.

         Carol Small, 675 3rd Street, owner, addressed the Board and provided historical information
         regarding her residency in the Town of Bennett and the purchase of the 3.4 acres to be developed.
         Ms. Small then deferred comments to the consultant to provide an overview of the intended
         development.

         Matt Scheel, 26697 Pleasant Park Road, B-210, Conifer, Co., consultant for the project, provided
         an overview of the Outline Development Plan for Central Industrial Park which included:
              Outline Development Plan
              Traffic and dedicated parking spaces
              Primary maintenance and caretaker facilities
              Utilities and easements
              Landscaping
              Drainage
              Future subdivision of Tract B
              Building elevations
              Media storage silos
              Centralized theme for continuity
Town of Bennett
Regular Meeting
September 27, 2005
Page 3 of 9

    A.        Public Hearings continued:
         1.    Public Hearing – Central Industrial Park Outline Development Plan – Case No.
               05.07ODP
         2.    Public Hearing – Maya’s Subdivision Filing No. 2 Preliminary Plat – Case No. 05.08PP
         3.    Public Hearing – Central Industrial Park Preliminary Development Plan – Case No.
               05.09PDP
         4.    Public Hearing – Maya’s Subdivision Filing No. 2 Final Plat – Case No. 05.10FP
         5.    Public Hearing – Central Industrial Park Final Development Plan – Case No. 05.11FDP

         Bruce Nickerson, Town Planner, presented a PowerPoint program which stated:
              Development Flow Chart
              Project compatibility to are
              Security/Residence plan
              Rezoning
              Outline Plant to Rezoning
              Preliminary Development Plan
              Final Development Plan
              Out lots to be addressed in the future
              Utility system
              Existing Use agreement with the Town of Bennett

         Chuck Weiss, Town Engineer, discussed the construction plans and a temporary holding tank that
         will be utilized for sewage.

         Tam Intermill, Town Clerk, entered the following exhibits into the record:

              1.  Land Use Application dated June 10, 2005
              2.  Preliminary and Final Plat and Outline, Preliminary and Final Development Plan
                  submittal dated June 10, 2005
              3. Proof of Publication of Public Hearing - Publisher’s Affidavit dated September 2, 2005 -
                  Legal # 618
              4. Certificate of Compliance with House Bill 01-1088 (codified at C.R.S. 24-65.5-101),
                  concerning notification to mineral estate owners dated September 19, 2005
              5. Property Posting Log dated September 18, 2005
              6. Certificate of Mailing letters to adjacent land owners dated August 30, 2005
              7. Copy of letter to adjacent land owners
              8. Staff Report dated September 16, 2005
              9. Printed PowerPoint staff presentation dated September 19, 2005
              10. Bennett Planning and Zoning Commission Resolution No. 2005-06, Approving Maya
                  Subdivision Filing No. 2 PDP and FP
              11. Bennett Planning and Zoning Commission Resolution No. 2005-07, Approving Central
                  Industrial Park ODP, PDP, and FDP

         Trustees, Town staff, and the applicant discussed roadway egress, Darco Street construction
         deeded to the Town and recorded, roadway gate ownereship by Sun Engineering, water
         requirements, and water rights which have been dedicated to the Town.

         Mayor Pro Tem Horn closed the Public Hearings on Central Industrial Park ODP, PDP and FDP,
         Case Nos. 05.07ODP, 05.09PDP, 05.11FDP and Maya’s Subdivision Filing No. 2 Preliminary
         Plat and Final Plat, Case Nos. 05.08PP and 05.10FP at 8:09 p.m.
Town of Bennett
Regular Meeting
September 27, 2005
Page 4 of 9


        Ordinance No. 537 – Rezoning Central Industrial Park

        TRUSTEE PULLIAM MOVED, TRUSTEE EANES SECONDED to adopt Ordinance No. 537,
        an ordinance approving a Rezoning and Outline Development Plan for the proposed Central
        Industrial Park and amending Exhibit B., Conditions of Approval, by removing items 1 and 3.
        Voting was as follows:
                 YES:            Eanes, Horn, Pulliam, Dummar
                 NO:             None
                 ABSENT:         Grossaint, Mancuso
                 ABSTAIN:        Small
        The Mayor Pro Tem declared the motion carried.

        Resolution No. 280 – Approving Maya’s Subdivision Filing No. 2 Final Plat

        TRUSTEE PULLIAM MOVED, TRUSTEE DUMMAR SECONDED to adopt Resolution 280, a
        resolution approving a Preliminary Subdivision Plat and a Final Subdivision Plat for Maya’s
        Subdivision Filing No. 2, and approving a Preliminary Development Plan and Final Development
        Plan for the proposed Central Industrial Park with the following amendment to Exhibit A:
              1. Add: The agreement shall cancel the existing Special Review Use Agreement with
                  respect to the property subject to this application.
              2. Change sentence to read: Modify the documents pursuant to comments from the Town
                  Planner, Engineer and Attorney, as set forth in the memorandum to applicant dated
                  September 19, 2005.
              3. Delete: Address fire protection issues, if any. Add: Add a note to the FDP that further
                  platting and FDP approvals must be obtained for development of Tracts A and B, such
                  note to be in form acceptable to the Town Administrator.
        Voting was as follows:
                  YES:               Horn, Pulliam, Dummar, Eanes
                  NO:                None
                  ABSENT:            Grossaint, Mancuso
                  ABSTAIN:           Small
        The Mayor Pro Tem declared the motion carried.

Meeting Recess

The Mayor Pro Tem declared a recess at 8:09 p.m. The meeting resumed at 8:24 p.m.

    A. Action/Discussion Items
       1. CIRSA Property Casualty Insurance Quote for 2006

            TRUSTEE PULLIAM MOVED, TRUSTEE EANES SECONDED that the Town of Bennett
            accept the preliminary quote of $30,415.00 from CIRSA for property casualty coverage for
            2006. Voting was as follows:
                YES:              Pulliam, Small, Dummar, Eanes, Horn
                NO:               None
                ABSENT:           Grossaint, Mancuso
            The Mayor Pro Tem declared the motion carried.
Town of Bennett
Regular Meeting
September 27, 2005
Page 5 of 9


        2.   CIRSA Workers’ Compensation Quote for 2006

             TRUSTEE DUMMAR MOVED, TRUSTEE PULLIAM SECONDED that the Town of
             Bennett accepts the preliminary quote of $17,916.00 from CIRSA for workers’ compensation
             coverage’s for 2006. Voting was as follows:
                 YES:              Small, Dummar, Eanes, Horn, Pulliam
                 NO:               None
                 ABSENT:           Grossaint, Mancuso
             The Mayor Pro Tem declared the motion carried.

             Resolution No. 275 – Workers’ Compensation Exclusion

             TRUSTEE EANES MOVED, TRUSTEE SMALL SECONDED to adopt Resolution No.
             275, a resolution excluding uncompensated public officials from Workers’ Compensation
             Coverage for the Town of Bennett for the policy year 2006. Voting was as follows:
                 YES:             Dummar, Eanes, Horn, Pulliam, Small
                 NO:              None
                 ABSENT:          Grossaint, Mancuso
             The Mayor Pro Tem declared the motion carried.

        3.   Root Annexation Agreement

             Matt Reay, Town Administrator, and Sam Light, Town Attorney, reviewed the Root
             Annexation agreement, discussed the revised language and stated the applicant had signed
             the agreement.

             Resolution No. 277 – Approving Root Annexation Agreement

             TRUSTEE PULLIAM MOVED, TRUSTEE EANES SECONDED to accept Resolution No.
             277, a resolution approving an annexation agreement for the Root Annexation. Voting was
             as follows:
                  YES:             Eanes, Horn, Pulliam, Small, Dummar
                  NO:              None
                  ABSENT:          Grossaint, Mancuso
             The Mayor Pro Tem declared the motion carried.

        4.   Antelope Hills Retention/Detention Grading Permit

             Chuck Weiss, Town Engineer and Matt Reay, Town Administrator, provided an update on
             the Antelope Hills Subdivision – East Detention and Water Storage Pond Grading Permit
             regarding the letters of credit and the submittal of plans.

        5.   Bennett Park and Recreation District Intergovernmental Agreement

             Mayor Pro Tem Horn opened discussion for the Bennett Park and Recreation
             Intergovernmental Agreement. She stated that Mayor Grossaint, while not in attendance, had
             submitted a statement regarding the District IGA. She reviewed these concerns with the
             Board.

             Sam Light, Town Attorney, addressed the Mayor’s concern regarding a possible conflict of
             interest for Trustee Dummar serving on both boards. Mr. Light advised that while an
             individual is not permitted to act on any issue that will provide financial gain it is not
Town of Bennett
Regular Meeting
September 27, 2005
Page 6 of 9

        5.   Bennett Park and Recreation District Intergovernmental continued:
             uncommon for Board members to be involved with several boards in their community. Mr.
             Light then reviewed ethics statutes with the Board.

             Trustee Dummar advised the Board he has no financial gain in his capacity as President of
             the Recreation District; and under protest he recused himself from voting on this issue. He
             then requested the letter from Mayor Grossaint be read into the record.

             Mayor Pro Tem Horn read the letter addressed to the Board of Trustees and the Town of
             Bennett dated September 27, 2005 as follows:

                 Sept 27, 2005

                 To: Board of Trustees, Town of Bennett
                 From: Mayor Karen Grossaint

                 RE: IGA, Bennett Recreation District and Town of Bennett

                 Fellow Trustees and other interested parties,

                 On tonight’s agenda the Town board will be considering approval of an
                 Intergovernmental Agreement with the Bennett Recreation District.

                 Although I am unable to attend this meeting due to a job related emergency, and will be
                 unable to cast a vote on this legislative issue, I wanted to share my thoughts.

                 Although as a resident of Adams County and the Town of Bennett, I voted to approve
                 the Recreation District and voted twice to approve funding the Recreation District, and
                 with all due respect to my colleagues on the Board, I oppose approval of this IGA.

                 First, I believe that it is fiscally unsound policy for a government (the Town of Bennett)
                 which is such dire financial straits it cannot meet its own obligations to essentially loan
                 money to another government, particularly when doing so places citizens of the
                 Recreation District who live within the Town limits in Adams County in a position to
                 have to make up the money for that loan (from their Town taxes) if the Recreation
                 District does not pay it back.

                 Second, I believe that the fact that Trustee Dummar serves both as a Town Trustee and
                 President of the Recreation District poses a serious conflict of interest. Although it is
                 not statutorily illegal for Mr. Dummar to hold both positions, I believe that for him to do
                 so—and continue to do so--compromises the Town Board’s objectivity, and skews their
                 ability to make sound impartial decisions regarding the future of the Town. It also
                 negatively impacts the Recreation district in the same way.

                 Good government does not consist of making decisions under threat or duress; nor
                 should decisions be made in the interest of appeasement of all parties. Good government
                 makes the best possible decision for the present and the future of the entity any
                 governmental board serves. This IGA clearly serves the Recreation District at the
                 expense of the Town.

             The Mayor Pro Tem then opened the floor for discussion
Town of Bennett
Regular Meeting
September 27, 2005
Page 7 of 9

        5.   Bennett Park and Recreation District Intergovernmental Agreement continued:

             Trustee Pulliam commented on the Mayor’s letter. He stated he did not feel that the voting
             Town Board members were under threat or duress. He also commented in small
             communities people serve on several Boards and serve well without conflict of interest.
             Trustee Small stated her agreement with his comments.

             Chuck Weiss, Town Engineer, reviewed studies prepared by Rick Fendel, the Town’s Water
             Attorney, and Jehn Water Consultant regarding water rights and the value of $5,000 per acre
             foot of water.

             TRUSTEE PULLIAM MOVED, TRUSTEE EANES SECONDED to approve Resolution
             No. 279, a resolution approving an intergovernmental agreement with the Bennett Park and
             Recreation District for a Recreation Center within the Town of Bennett. Voting was as
             follows:
                  YES:             Horn, Pulliam, Small, Eanes
                  NO:              None
                  ABSENT:          Grossaint, Mancuso
                  ABSTAIN:         Dummar
             The Mayor Pro Tem declared the motion carried.

        6.   August Water Billing Issue

             Matt Reay, Town Administrator, reviewed the August water billing issue with the Board. He
             reported that of the 819 water customers currently served by the Town of Bennett, 246
             accounts were billed correctly at the new rate; 573 accounts were under billed, at the new
             rate, to varying degrees. All accounts were billed correctly for the September 1, 2005 billing.

             The following errors occurred during the July 15 through August 15 billing cycle:
                  Some accounts billed at new base rate but had consumption step calculation errors
                  Some accounts billed at new base rate but consumption over 2000 gallons not billed
                  Some accounts billed at old base rate but had consumption calculated correctly at
                      new rates

             Mr. Reay related that the software has been corrected to ensure accurate billing. Town staff
             is engaged in ongoing discussions with ACS on their investigation of the software error and
             reimbursement potential.

             The Board reviewed options presented by Mr. Reay and agreed to a one-time credit to
             achieve billing parity. A letter of explanation will be included in the September water
             statements for all the Town’s water customers.

             TRUSTEE SMALL MOVED, TRUSTEE DUMMAR SECONDED to select Option 3 as the
             solution to the August water billing issue by providing a one time credit to 436 water
             accounts for a total of $5,559.59 to achieve billing parity with a letter of explanation sent to
             all utility customers and an article to be published in the next newsletter. Voting was as
             follows:
                  Yes:              Pulliam, Small, Dummar, Eanes, Horn
                  NO:               None
                  ABSENT:           Grossaint, Mancuso
             The Mayor Pro Tem declared the motion carried.
Town of Bennett
Regular Meeting
September 27, 2005
Page 8 of 9


     7.   East Central BOCES – Underground Fiber Install Request

             Rebecca Toberman, Planner I, presented the results of completed research regarding the East
             Central BOCES underground fiber installation permit. Ms. Toberman advised that the
             Building Department is prepared to issue the permit and a cost agreement. Language for the
             proposed permit prepared by the Town Attorney was reviewed.

             The Board gave direction to the Town Administrator to proceed to issue the permit.

     Meeting Extension

     TRUSTEE EANES MOVED, TRUSTEE DUMMAR SECONDED to extend the Town Board
     meeting time to 11:00 p.m. The motion carried.

     8.   2004 Audit Report

             Tam Intermill, Town Clerk/Treasurer, presented the Board with the 2004 Audit Report
             prepared for the Town of Bennett.

             TRUSTEE SMALL MOVED, TRUSTEE PULLIAM SECONDED to accept the Basic
             Financial Statements 2004 Audit from Johnson, Holscher & Company, P.C. dated December
             31, 2004. Voting was as follows:
                  YES:             Small, Dummar, Eanes, Horn, Pulliam
                  NO:              None
                  ABSENT:          Grossaint, Mancuso
             The Mayor Pro Tem declared the motion carried.

6.   REPORT FROM TOWN STAFF

     Town Administrator

     Matthew Reay, Town Administrator, presented the following:
          Correspondence from Ironwood Golf Properties – scheduled for 10-4-05 work/study session
          King Soopers update

     Mr. Reay thanked Trustee Small for providing information on surplus office furniture available from
     Jefferson County. The Town of Bennett was able to secure filing cabinets and tables to be used in the
     town offices and the Bennett Community Center.

     Town Engineer

     Chuck Weiss, Town Engineer, advised he will begin working with Randy Holland, Director of Public
     Works on 2006 budget priorities.

     Director of Public Works

     Randy Holland, Director of Public Works, reported on the Town Clean-Up Day. He stated is was
     successful and suggested that two be scheduled for 2006. He also thanked Trustee Small for her
     participation and assistance in the Town Clean-Up Day.
Town of Bennett
Regular Meeting
September 27, 2005
Page 9 of 9


     Town Clerk

     Tam Intermill, Town Clerk/Treasurer, provided the following information to the Board:
         Trustee/employees invitation to Antelope Hills VIP Golf Tournament
         Volunteer request by resident to edit town newsletter
         Review work/study session agenda

7.   TRUSTEE COMMENTS AND COMMITTEE REPORTS

     Carol Small

     Trustee Small advised that the Bennett Fire Protection District has responded to the invitation of the
     Chili Cook-off scheduled for Saturday, October 15, 2005 at the Bennett Community Center. The
     event will be held from 5:00 to 8:00 p.m.

     Rich Pulliam

     Trustee Pulliam discussed the following:
          Bid for telephone system update
          Bennett Commemorative T-Shirts available next week

8.   EXECUTIVE SESSION

     There was no executive session scheduled.

9.   ADJOURNMENT

     TRUSTEE PULLIAM MOVED, TRUSTEE SMALL SECONDED to adjourn the meeting. The
     Mayor Pro Tem declared the motion carried. The meeting was adjourned at 10:25 p.m.



     _____________________________________                     __________________________________
     Sue Horn, Mayor Pro Tem                                   Tam M. Intermill, Town Clerk

				
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