HomeMy Public PortalAboutTBM 2009-03-04FRASER BOARD OF TRUSTEES
MINUTES
DATE: Wednesday, March 4, 2009
MEETING: Board of Trustees Regular Meeting
PLACE: Fraser Town Hall Board Room
PRESENT
Board:
Staff:
Mayor Fran Cook; Mayor Pro -Tem Steve Sumrall; Trustees: Adam
Cwiklin, David Pratt, Scotty Brent, Joyce Burford and Eric Hoyhtya
Town Manager Jeff Durbin, Town Clerk Lu Berger, Finance
Manager Nat Havens, Public Works Director Allen Nordin, Town
Planner, Catherine Trotter, Police Chief Glen Trainor
Others: See attached list
Mayor Cook called the meeting to order at 6:05 p.m.
1. Roll Call
2. Approval of Agenda:
Trustee Hoyhtya moved, and Trustee Burford seconded the motion to approve the
Agenda. Motion carried: 7 -0.
3. 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. Section 24-6
402(4)(e) and for a conference with the Town Attorney for the
purpose of receiving legal advice on specific legal questions under C.R.S.
Section 24- 6- 402(4) (b);
Enter: 6:08
Trustee Hoyhtya moved, and Trustee Brent seconded the motion to enter 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. Section 24- 6- 402(4)(e) and for a conference with the Town Attorney for the
purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6
402(4)(b); and to include TM Durbin, Special Legal Counsel Bridston, FD Havens and
TC Berger. Motion carried: 7 -0.
Exit: 6:35
Trustee Hoyhtya moved, and Trustee Brent seconded the motion to exit 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. Section 24- 6- 402(4)(e) and for a conference with the Town Attorney for the
purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6
C:1Documents and Settings\K_Bridston\Local Settings\Temporary Internet Files \OLKDO\TBM
2009- 03- 04.doc
402(4)(b); and to include TM Durbin, Special Legal Counsel Bridston, FD Havens, TC
Berger. Motion carried: 7 -0.
Attorney's Opinion Required by C.R.S. 24- 6- 402(2)(d.5)(11)(B).
As the attorney representing the Town of Fraser, I am of the opinion that the entire
Executive Session, which was not recorded, constituted a privileged attorney client
c
In
nication.
ri ston, Special Legal Counsel
Consent Agenda:
a) Minutes February 18, 2009
b) Resolution- 2009 -03 -01 Approving an Amendment to the Grand Mountain
Bank MOU
Trustee Cwiklin moved, and Trustee Burford seconded the motion to approve the
consent agenda. Motion carried: 7 -0.
5. Open Forum:
a) None
6. Updates:
7. Public Hearings:
Page2of5
a) None
8. Discussion and Possible Action Regarding:
a) Resolution 2009 -03 -02 Authorizing the Town Manager to enter into a Settlement
Agreement with Cornerstone Holdings and Grand Park Development
Trustee Brent moved, and Trustee Hoyhtya seconded the motion to table Resolution
2009 -03 -02 Authorizing the Town Manager to enter into a Settlement Agreement with
Cornerstone Holdings and Grand Park Development. Motion carried: 7 -0.
b) Resolution 2009 -03 -03 Approving the 1 Amendment to the OVR /Main
Street/Willows Water Line Improvement Agreement
TM Durbin outlined the amendment for the Board. Clark Lipscomb (Grand Park)
addressed the Board regarding the amount of surety involved. Additional cash, above
the bond amount, may be held by the Town to help cover the cost of any legal action the
Town may have to pursue due to default on the warranty. The Board was comfortable
with $10,000.00 in cash.
Trustee Brent moved, and Trustee Pratt seconded the motion to table Resolution 2009-
03-03 Approving the 1st Amendment to the OVR /Main Street/Willows Water Line
Improvement Agreement. Motion carried: 7 -0.
c) Resolution 2009 -03 -04 Approving the 1 Amendment to the Village at
Grand Park SIA
TM Durbin briefed the Board on the Amendment.
Page 3 of 5
Trustee Brent moved, and Trustee Hoyhtya seconded the motion to approve Resolution
2009 -03 -04 Approving the 1 Amendment to the Village at Grand Park SIA.
Sumrall Aye Pratt Aye Cook Aye
Hoyhtya Aye Burford Aye
Brent Aye Cwiklin Aye
Motion carried: 7 -0.
d) Resolution 2009 -03 -05 Approving a Reduction in Surety per the SIA
Village Grand Park Filing 2A
TM Durbin outlined the request for surety reduction to 20% of the original amount to
$15,586.00.
Trustee Brent moved, and Trustee Burford seconded the motion to approve Resolution
2009 -03 -05 Approving a Reduction in Surety per the SIA Village Grand Park Filing
2A.
Sumrall Aye Pratt Aye Cook Aye
Hoyhtya Aye Burford Aye
Brent Aye Cwiklin Aye
Motion carried: 7 -0.
e) Resolution 2009 -03 -06 Approving a Reduction in Surety per the CGA
Fraser Valley Metropolitan Recreation District
TM Durbin and TP Trotter outlined the request for reduction in surety based on items
that have been completed. Surety would be reduced to 59% of the original amount to
$935,149.50.
Trustee Brent moved, and Trustee Burford seconded the motion to approve Resolution
2009 -03 -06 Approving a Reduction in Surety per the CGA Fraser Valley Metropolitan
Recreation District.
Sumrall Aye Pratt Aye Cook Aye
Hoyhtya Aye Burford Aye
Brent Aye Cwiklin Aye
Motion carried: 7 -0
f) Fraser Sanitation District Plan for Dissolution
g) Resolution 2009 -03 -07 Approving Consent of Assignment of Upper
Fraser Valley Wastewater Treatment Agreement
Discussion on a proposed Management Agreement drafted by Vince Turner of Grand
County #1 was held, Board agreed such agreement was unnecessary. TM Durbin
briefed the Board on the original management proposal drafted by Jim Bailey, attorney
for the FSD.
Trustee Hoyhtya moved, and Trustee Brent seconded the motion to approve Resolution
2009 -03 -07 Approving Consent of Assignment of Upper Fraser Valley Wastewater
treatment Agreement.
Sumrall Aye Pratt Aye Cook Aye
Hoyhtya Aye Burford Aye
Brent Aye Cwiklin Aye
Motion carried: 7 -0.
h) Resolution 2009 -03 -08 Approving Consent to Release Escrow Pursuant
to Resolution 2009 -01 -02
Page 4 of 5
TM Durbin explained the Resolution 2009 -01 -02 did not contain language allowing the
payment of the interest. Resolution 2009 -03 -08 contains this verbiage.
Trustee Hoyhtya moved, and Trustee Brent seconded the motion to approve Resolution
2009 -03 -08 Approving Consent to Release Escrow Pursuant to Resolution 2009 -01 -02
Sumrall Aye Pratt Aye Cook Aye
Hoyhtya Aye Burford Aye
Brent Aye Cwiklin Aye
Motion carried: 7 -0.
9. Action Items:
a) Ordinance 348 Approving Amendments to Chapter 9, Street
Roadway Standards
PD Nordin briefed the Board on the need for the amendment to Ordinance 348.
Trustee Hoyhtya moved, and Trustee Brent seconded the motion to approve Ordinance
347 Approving Amendments to Chapter 9, Street Roadway Standards. Motion
carried: 7 -0.
10. Committee Reports:
a) Trustee Brent thanked the Town for the use of the Church by the Cub Scouts.
b) CAST meeting tomorrow at the Governor's mansion.
Bag challenge, over 40 vendors participating from Winter Park to Granby.
"Welcome Back" campaign has close to 4000 entries.
CML conference is hosting a great speaker, encourage all to attend.
11. Staff Reports:
Town Clerk-
CML is meeting June 16 thru the 19` Please let me know who needs hotel
rooms.
Finance Manager-
Discussion on sales tax year end.
Town Planner-
None
Public Works Director-
Wrapping up installation of HDA door and ramp at the church.
Town Manger-
None
12. Other Business:
Trustee Burford moved, and Trustee Cwiklin seconded the motion to adjourn. Motion
carried: 7 -0. Meeting adjourned at 8:30 p.m.
Lu Berger, Town Cle
Page 5 of 5
DIdO.
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