HomeMy Public PortalAboutTBM 2011-02-02FRASER BOARD OF TRUSTEES
MINUTES
DATE: Wednesday, February 2, 2011
MEETING: Board of Trustees Regular Meeting
PLACE: Fraser Town Hall Board Room
PRESENT
Board: Mayor Fran Cook; Mayor Pro -Tem Steve Sumrall; Trustees: Peggy Smith,
Vesta Shapiro, Scotty Brent, Joyce Burford and Eric Hoyhtya
Staff: 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 6:04 p.m.
1. Regular Meeting: Roll Call
2. Approval of Agenda:
Trustee Sumrall moved, and Trustee Burford seconded the motion to approve the
Agenda. Motion carried: 6 -0.
3. Consent Agenda:
a) Minutes January 5, 2011
Trustee Burford moved, and Trustee Shapiro seconded the motion to approve the
consent agenda. Motion carried: 6 -0.
4. 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); regarding drainage litigation. Enter: 6:06 p.m.
Trustee Smith moved, and Trustee Sumrall seconded the motion to open the 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); regarding drainage litigation and to include TM Durbin, PWD Nordin, TA
McGowan. Motion carried: 6 -0.
Trustee Hoythya arrived 6:30 p.m.
Trustee Burford moved, and Trustee Shapiro seconded the motion to close the
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); regarding drainage litigation. Motion carried: 7 -0. Exit:
6:55 p.m.
Attorney's Opinion Required by C.R.S. 24- 6- 402(2)(d.5)(II)(B).
As the Town Attorne for the Town of Fraser, I am of the opinion that the entire
Executive Sessio ich was not recorded, constituted a privileged attorney client
communicatio
Rod McGowan, Town Attorney
5. Open Forum:
6. Updates:
a) Helen Sedlar Kremmling Memorial Hospital: Helen gave the Board an update
the Medical facility being built in Granby.
7. Public Hearings:
b) Rendezvous Outfall Line
Page 2 of 5
8. Discussion and Possible Action Regarding:
a) Chamber Update, Marketing and Events: Catherine Ross, Diane T gave the
Board an update on 2011 events planned.
TM Durbin updated the Board on the research that has been done since this was before
the Board on December 1, 2010. An independent contractor reviewed the line and
concurred with the previous engineers reports.
Drew Matteson spoke on his concerns with the acceptance of the outfall line. The Board
directed staff to proceed with final acceptance of the Rendezvous Outfall Line and bring
a Resolution back at the 2 -16 -11 meeting.
c) Fraser Creative Learning Center permit fee waiver request
FCLC has asked for a waiver of their building and use fees of approximately $2500 on
their remodel to the current building. TM Durbin briefed the Board on the arrangement
with Winter Park and Granby for the waiver of fees within the joint building department.
Trustee Hoyhtya moved, and Trustee Brent seconded the motion to approve the Fraser
Creative Learning Center permit fee waiver request. Motion carried: 7 -0
d) Medical Marijuana Regulations
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TM Durbin gave the Board an update on the Public Hearing held on the State
regulations. TA McGowan briefed the Board on the County's proposed plan to license
Medical Marijuana Centers. The Board discussed seven questions:
1. Who should serve as the Local Licensing Authority? Board of Trustees? Town
Clerk? A hearing officer? Municipal Judge?
Staff will develop a licensing program which establishes a hearing officer as the local
licensing authority (the individual /position also to be determined via that process).
2. An unrelated item, but worthy of simultaneous consideration, should the Town
Board continue to serve as the Liquor Licensing Authority? The Board does not have to
serve in this role. Recall the challenge that liquor licenses present to the Town Board,
perhaps removing these from the political arena would result in less contentious local
politics.
The Board directed staff to pursue changing the local licensing authority from the Town
Board to a Hearing Officer.
3. Should it be a public hearing vs. administrative review and determination (Town
Clerk or hearing officer) and due process right to request hearing and /or appeal to higher
authority?
While notice to adjacent property owners is a concern, staff will work on a licensing
program that may not include a public hearing (pending State regulatory requirements)
given that most of the criteria that will be reviewed are objective and can be handled
administratively.
4. In addition to Medical Marijuana Center Licenses, the Board should consider the
pros and cons of licensing /prohibiting Optional Premises Cultivation Operation (off site
grow operations) and Infused Products Manufacturing (an off-site facility under contract
to a Medical Marijuana Center that prepares foodstuffs, ointments, tinctures or other
products infused with marijuana).
Staff will be working on licensing and zoning regulations that will allow grow operations
and infused product manufacturing subject to specific criteria (such as limitations on
odor, effluent, and building code compliance).
5. Should the local license require less than the 1,000 foot distance requirement as
required by the State? (Staff is working on mapping to identify how this would impact
the locations).
Absent mapping and analysis of the distance requirements, this question remains
outstanding. Such mapping will be provided to the Board.
6. We will need to set appropriate fees, but will need to look at that later after we
define our process.
As staff develops the licensing process, analysis of processing costs will be considered
in order to establish appropriate fees. Establishment of the fee structure will be
concurrent with adoption of the licensing process.
7. Are there any areas of specific concern where we would seek to establish more
stringent requirements than the State?
Yes, in particular, staff will include limitations on odor, effluent, and building code
compliance.
e) Resolution 2011 -02 -01 Cozens Meadow Extension Request
TM Durbin outlined the request for the Board. Grand Park has had some bank changes
and would like more time to work through the process.
Trustee Sumrall moved, and Trustee Smith seconded the motion to approve Resolution
2011 -02 -01 Cozens Meadow Extension Request. Motion carried: 7 -0
f) Board Appointment to Water/Wastewater Committee
Vesta Shapiro accepted the position on the Water/Wastewater Committee.
Trustee Burford moved, and Trustee Hoyhtya seconded the motion to approve the
Board Appointment to Water/Wastewater Committee. Motion carried: 7 -0
9. Action Items:
10. Community Reports:
CAST update form Trustee Smith and Burford. Trustee Smith gave the Board a handout
from the recent CAST meeting. CASTS legislative meeting is March 17 in Denver.
School Update: Mayor Cook updated the Board on the recent meetings involving the
school closures discussions.
11. Staff Reports:
Town Clerk None
Finance Manager None
Town Planner None
Public Works Director None
Town Manager
Medical Marijuana Center suggested tour scheduling on a Thursday.
Fraser Business Forum rescheduling possibly February 22 Mayor Cook stated she
was very proud of the Town for cancelling the previous forum due to the memorial
service.
Leo Eisel Water Attorney for the Town retired last year. Staff is interviewing possible
replacements.
Plant Superintendent None
Page 4 of 5
Police Chief None
12. Other Business:
Trustee Burford moved, and Trustee Shapiro seconded the motion to adjourn. Motion
carried: 7 -0. Meeting adjourned at 9:40p.m.
Ls Berger, Town Clerk
Page 5 of 5
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