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					Unapproved Minutes – 07/12/05                     1
                                           TOWN OF KERSEY
                                      BOARD OF TRUSTEES MEETING
                                      DECEMBER 12, 2006 - MINUTES

The Kersey Board of Trustees met in a regular meeting on December 12, 2006, at the Kersey Municipal
Building. Mayor Pro-Tem Mary Fox, at approximately 7:08 p.m., called the meeting to order. Trustees present
were: Bob Kellerhuis, Tom Pettit, Bill Cannon and Joe Adolf. Trustee Gary Lagrimanta arrived at approximately
7:56 p.m. Mayor Gilbert Marin was absent.

Also present were: Alison Connell, Forrest Olk, Sheri Olk, John Olk, Phil McKrackin, Michael Vieyra, Victor
                   Vieyra, Corey Schwartz, Kathy Berryman, Sherri Kaspar, Jeff Gross and Timothy Phippard.

Town Staff present were: Liesl Hargrave, Town Administrator, Don Hoff, Town Attorney, Pat Carey, Police Chief
                         and Linnette Barker, Town Clerk/Treasurer

Pledge of Allegiance

Additions to the Agenda

Consent Agenda

1. Approval of Consent Agenda, approval of the minutes of the November 14, 2006 Regular Meeting, approval
   of the paid bills, approval of the bills to be paid and approval of the Fischer Construction bill for work done in
   November.

     Motion was made by Trustee Pettit and seconded by Trustee Adolf to approve the consent agenda. Motion
     carried unanimously.

Award Presentation

The Kersey Board of Trustees presented Michael Vieyra, Andrew Schwartz and the Freda Klein Memorial given
by the children of Freda Klein a Certificate of Appreciation for the Community Service work done at the Library
and Museum.

Michael Vieyra for his Eagle Scout project worked on the library. He Thanked the Board for the award. Michael
explained that he started the Eagle Scout project on November 15, 2006 and along with fellow Scout’s and the
help of adult volunteers they painted the walls and trimming and re-arranged the library. Michael Thanked the
following for the donations and volunteer work: Kathy Berryman, Jeff Gross, Lavern Glover, Corey Edwards,
Kersey Pizza, Hanna Samashima, K-Mart, his family and fellow Scouts and Scout Master of Troup 228. He
hopes that with this project will be as much as a blessing to my Community as my Community has been to him.

Kathy Berryman stated that Freda Klein would be proud. Explaining that this is a work in progress and is
Thankful for the financial donations received as well as the volunteer labors. The Library/Museum will have a
new face with new programs. She hopes for continued support from the Community to stand behind our
Community and be proud of our Community.

Andrew Schwartz for his Eagle Scout project worked on renovating the Museum. He started his project on
November 16, 2006 for the prep work. On November 18, 2006 he was able paint the walls. Andrew thanked
community members, friends, families and present and past Scouts, Jeff Gross with Quick and Clean Painting,
Kersey Pizza, Kramer’s Wedge Store, Lavern Glover, Greg Glover, Tri-City Paint for all the help and donations.
Andrew also explained during the renovation they changed the glass in the display cases to tempered glass for
safety reasons, Moffat Glass gave a 15% discount and Ace Hardware donated a lock-set. Andrew wanted to
remind everyone that this is our Community and our Museum so it would be wonderful to continue with the
volunteers to help maintain the Museum.

Public invited to be heard

1. Alison Connell voiced her concerns about the children in the street during Halloween as well as them
   playing in the streets. She is worried that someone will get hurt.

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    Chief Carey explained that the Police Department patrolled during Halloween and no accidents occurred.

2. Jeff Gross would like the Town to provide documents on a CD instead of a paper copy.

     Liesl explained that the Town is not required to provide a CD copy but if we are able to accommodate this
     request we will.

3. Bart Fischer – Progress report on the new wastewater treatment plant.

     Bart explained that the plant is near completion the power should be completed around the end of next
     week. Clean water start up is scheduled to begin January 8, 2007 after the discharge permit is received.

New Business

1. Western Equipment – Infrastructure warranty guarantee

     Motion was made by Trustee Kellerhuis and seconded by Trustee Cannon to authorize RG Consultant
     Engineers inspect Western Equipment. Motion carried with a 5-0 vote.

2. Humane Society of Weld County Service Agreement

     Motion was made by Trustee Pettit and seconded by Trustee Adolf approve the Humane Society of Weld
     County Service Agreement with the addendum HB 06-1343. Motion carried with a 5-0 vote.

3. Colorado Mosquito Control Contract

     Motion was made by Trustee Pettit and seconded by Trustee Adolf to approve the Colorado Mosquito
     Control Contract for 3 years. Motion carried with a 5-0 vote.

Old Business

1. Berryman Farms letter of credit – Continued

2. Grease Trap Extension

     Motion was made by Trustee Pettit and seconded by Trustee Cannon to adopt Ordinance 2006-O08 An
     Ordinance of the Town of Kersey, Colorado modifying section 13-7 of the Kersey Municipal Code for the
     purpose of extending the mandatory use of sand grease traps. Motion carried with a 5-0 vote.

3. Adoption of 2007 Budget

     Public comments:

     Jeff Gross voiced his concerns regarding the street project he does not believe enough funds have been
     budgeted for this project, he thinks that we should ask for funds from the school in advance and we should
     budget funds for the sewer lines in that street. He believe that we rely on our Water and Sewer funds for the
     overall operating expenses of the Town he feels that we are overcharging the water and sewer users
     significantly he feels the Town is confusing income with a tax which has never been to a vote of the people.
     He thinks we need to work to keep these funds more efficient. We froze our mill levy for 10 years and we
     were banking on growth which has not happened and we have been taxing the water and sewer users. He
     feels there is no rhyme or reason to our rates and none of this correlates to actual expenses and is in need
     to much greater review in his opinion.

     Tim Phippard read a written statement stating that the Board was all elected to collectively represent the
     Citizen’s of the Town of Kersey, somewhere along the way the balance of power seems to have been
     shifted into the grips of the Kersey employees. The Town has grown by approximately 400 people in the
     last 20 years yet we have doubled the Police force, doubled the Maintenance and tripled the Administrative
     Department. Bottom line we feel Kersey is over staffed, under worked and way over paid. Some of us feel
     that if the blank check pork bellied budgets are continually allowed to go through the rubber stamp process
     that the insolvency of Kersey is also in jeopardy. The seven of you need to be working for people of Kersey
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   and not the employees you also need a Town Manager which is on board with your ideas. It’s tuff to make
   hard discussions that no one else wants to make that’s why you were all voted into these positions. I
   personally in good conscience would not or could not vote for this budget as it is done up.

     Trustee Cannon stated that he personally agrees and feels we should step back and take another look at
     the budget. He personally feels we have too many employees. Specifically the police department
     according to the police report we only wrote 11 tickets last month. Highway 34 should be generating more
     revenue. We just keep raising rates and we need to step back and take a look at what we are doing.

     Trustee Pettit stated he thinks you need to look at the more than just the number of people that have moved
     to Town the surrounding area of Kersey has grown and the Town has been impacted by a lot more than 400
     people. He does not feel we have a bunch of luots working for the Town nor are they overpaid. I think we
     have worked hard on the budget and we should adopt.

     Trustee Adolf tends to agree with Trustee Pettit he does not think the employees are overpaid, we have put
     a lot of work into this budget and we should go ahead and go through with this budget.

     Trustee Lagrimanta feels that this budget is basically the same for many years. Many things have been
     brought forward to this current Board which is rightfully so in some ways and in some ways maybe not. I
     think we have inherited this budget from prior administrations and he would be willing to as the process
     goes on look into what we can do to make this budget more fiscally manageable. I think that the statement
     that the employees are here being overpaid is an unfair statement because if he made what the employees
     made he would not work here. The Police Department does a fantastic job without them as a deterrent but
     if we did not have them Kersey would be much worse off. Would be willing to look at the budget as we
     move forward but we are not going to change this budget to make everyone happy before the budget needs
     to be submitted to the State. Taking all of your valuable suggestions into account but we need to submit.
                                                                                                th
     Trustee Kellerhuis agrees with everyone also with Trustee Cannon since we hired the 4 Officer to mostly
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     patrol highway 34 since this time we have had a lot more crime in Town, 5 Street has become a race track
     and we are patrolling this more the police are writing tickets. We did inherit the budget and we have to work
     through this to control rates. He feels we need to adopt this budget and move forward.

     Mayor Pro-Tem Fox also agreed that we have put a lot of time into the budget and we don’t all agree with
     the budget completely but we are in time restraints and we have got to move forward.

     Jeff Gross asked Attorney Don Hoff if we had justification for that illegal tax. Don replied that the Town
     needs to reasonably determine how much to allocate and as long as they have reasonably done this that is
     all that is required. Jeff Gross claimed that the salary allocations are in excess of 2/3rds. Jeff stated that we
     cannot arbitrarily increase the water and sewer rates it’s an illegal tax and its un-American it’s Socialistic.
     Jeff stated that if we want more money we need more property tax, sales tax or more growth or run a
     streamline government. Just taking money from the water and sewer users is illegal and unconstitutional.
     We can do the initiated process if he can get enough signatures we can take this budget to the vote of the
     people or we can end up in court. We just can’t keep taxing the water and sewer users, look into getting
     funds else where we have the right to build these funds and invest the money. If we don’t save and you just
     keep taking it will come back to hurt you. I am concerned about this Town and I’m not trying to sabotage
     anything.

     Town Administrator, Liesl Hargrave commented that based on the Auditor’s opinion everything is legitimate
     inside this budget nothing illegal is being done. From what she understands the water and sewer rates are
     based on the increase in usage and the preparation of the treatment plant and building the fund for the plant
     to provide an increase in service to our Citizens and potential growth. As far as we no the auditor has not
     found in violation in Tabor.

     Don Hoff suggested that employees track what they are working on for allocation purposes we would
     probably need about a 6 month study to allocate correctly. It might prove that the allocations are accurate
     or need to be changed. But this will take time to complete.




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       A. Resolution 2006-R08 – Adopting the 2007 Budget.

          Motion was made by Trustee Pettit and seconded by Trustee Adolf to adopt Resolution 2006-R08
          Adopting the 2007 Budget. Motion carried with a 5-1 vote, Trustee Cannon voted no.

          B. Resolution 2006-R09 – Appropriating money for the 2007 Budget year.

          Motion was made by Trustee Lagrimanta and seconded by Trustee Pettit to adopt Resolution 2006-R09
          Appropriating money for the 2007 Budget year. Motion carried with a 5-1 vote, Trustee Cannon voted
          no.

          C. Resolution 2006-R10 – Setting the mill levy for the 2007 Budget year.

          Motion was made by Trustee Adolf and seconded by Trustee Lagrimanta to adopt Resolution 2006-R10
          Setting the mill levy for the 2007 Budget year. Motion carried with a 5-1 vote, Trustee Cannon voted no.

          D. Resolution 2006-R11 – Adopting a fee schedule for the 2007 Budget year.

          Motion was made by Trustee Kellerhuis and seconded by Trustee Adolf to adopt Resolution 2006-R11
          Adopting the fee schedule for the 2007 Budget year. Motion carried with a 5-1 vote, Trustee Cannon
          voted no.

          Motion was made by Trustee Cannon and seconded by Trustee Pettit to have the Town Administrator
          direct the Town Employees to keep track of what they are working on for fund allocation purposes.
          Motion carried unanimously.

Staff Reports

1. Town Attorney

     Don gave a brief update regarding Amendment 41 compliance prohibiting Board Members, employees and
     independent contractors from receiving gifts over $50.00.

     Don gave an update regarding road counter for Latham St. Chief Carey stated that the count was
     completed the first time this was requested however the numbers are not available at this time. The County
     will supply us with the numbers should have available for next months regular meeting.

2. Maintenance Supervisor

     Not present for report Bart Fischer has updated regarding the plant.

3. Town Administrator – No additional report.

Board of Trustee Communications

Trustee Cannon voiced his concern about the street clean-up after the snow fall. Town Administrator will follow
up with Maintenance Department.

Trustee Pettit attended the CML Water wise Conference last week and gave a brief update. CML and DOLA
might have grant funds available to help replace meters, hydrants and water lines. Town Administrator will
follow up regarding the possibility of grants.

Trustee Kellerhuis stated that Parks seem to be an issue; Bob explained that he spoke with the man that owns
the Kohler Farm House regarding the possibility of retaining some land for a park. The access to Water Tower
Park is very limited and not sure if this would be the best place for a park, Town Administrator will follow up.

After a brief recess the meeting was called back to order at approximately 9:10 p.m.




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Unapproved Minutes – 07/12/05                     5

Executive Session

Executive Session concerning personnel matters.

Motion was made by Trustee Cannon and seconded by Trustee Adolf to go into Executive Session for
discussion of a personnel matter under C.R.S. Section 24-6-402(2)(f) and not involving: any specific employees
who have requested discussion of the matter in open session; any member of this body or any elected official;
the appointment of any person to fill an office of this body or of an elected official; or personnel policies that do
not require the discussion of matters personnel to particular employees; Motion carried unanimously.

The Board went into executive session at approximately 9:12 p.m. present in the Executive Session were Mayor
Pro-Tem Mary Fox, Trustees Kellerhuis, Lagrimanta, Pettit, Cannon, Adolf, Town Attorney, Don Hoff, Town
Administrator, Liesl Hargrave and Town Clerk/Treasurer, Linnette Barker.

The Regular session resumed at approximately 9:36 p.m.

Motion was made by Trustee Adolf and seconded by Trustee Pettit to approve the request of the Town
Administrator to work from the Town Hall on Tuesday’s and Thursdays and the remainder from her Littleton
office for a total of 40 hours per week for a 60 day trial basis. Motion carried with a 4-2 vote. Trustee Cannon
and Trustee Kellerhuis voted no.

Adjournment

The meeting was adjourned at approximately 9:40 p.m. on December 12, 2006.

Linnette Barker, Town Clerk




July 2, 2011

				
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