HomeMy Public PortalAboutTBM 2012-03-21DATE: Wednesday, March 21, 2012
MEETING: Board of Trustees Regular Meeting
PLACE: Fraser Town Hall Board Room
PRESENT
Board:
Staff:
Others: See attached list
Mayor Cook called the meeting to order at 6:04 p.m.
1. Executive Session Trustee Sumrall moved, and Trustee Shapiro seconded the
motion to open for a conference with Town Attorney for the purpose of receiving legal
advice on specific legal questions under C.R.S. Section 24- 6- 402(4)(b) and 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) regarding traffic signals and to include TA McGowan, TM Durbin and TP
Trotter. Motion carried: 5 -0.
Enter: 6:05
Trustee Brent moved, and Trustee Shapiro seconded the motion to close the executive
session. Motion carried: 6 -0.
Exit: 6:50
Attorney's Opinion Required by C.R.S. 24- 6- 402(2)(d.5)(II)(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
communic
Rod McGowan, Town Attorney
2. Regular Meeting: Roll Call
3. Approval of Agenda:
FRASER BOARD OF TRUSTEES
MINUTES
Mayor Fran Cook; Mayor Pro -Tem Steve Sumrall; Trustees: Peggy Smith,
Vesta Shapiro, Scotty Brent 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, Plant Supervisor Joe Fuqua, Town
Attorney Rod McGowan
Trustee Hoyhtya moved, and Trustee Brent seconded the motion to approve the
Agenda. Motion carried: 6 -0.
4. Consent Agenda:
a) Minutes March 7, 2012
Trustee Hoyhtya moved, and Trustee Shapiro seconded the motion to approve the
consent agenda. Motion carried: 6 -0.
Page 2of4
5. Open Forum:
6. Updates:
7. Public Hearings:
a) Bottle Pass Liquors Change of Location Application CANCELLED
b) Byers Peak Ranch, (BPR) whether or not to continue annexation negotiations
Trustee Sumrall moved, and Trustee Brent seconded the motion to open the public
hearing on Byers Peak Ranch, (BPR) whether or not to continue annexation
negotiations. Motion carried: 6 -0.
TA McGowan offered Proof of publication. A March 6, 2012 memorandum from BPR
Annexation Committee to the Board of Trustees, a February 15, 2012 memorandum
from the Board to BPR and a February 29, 2012 memorandum from BPR to the Board
was entered into the record. Also entered into the record was the October 6, 2010 Pre
Annexation Agreement.
TA McGowan gave the Board and the public a brief history of the negotiations regarding
the annexation of Byers Peak Ranch by the Town of Fraser.
Jack Bestall, representing BPR addressed the Board regarding BPR's desire to continue
discussions with the Town regarding the annexation of BPR. Mr. Bestall relayed BPR's
opinion regarding the significant matters as outlined in the March 6, 2012 memo from the
BPR Annexation Committee to the Town Board as noted in the February 29, 2012
correspondence from BPR.
Public Comment was taken from:
Cheri Sanders Pat Rupert
Jay Clough
Eileen Waldow
Trustee Hoyhtya moved, and Trustee Smith seconded the motion to close the public
hearing on Byers Peak Ranch, (BPR) whether or not to continue annexation
negotiations. Motion carried: 6 -0.
Executive Session Trustee Hoyhtya moved, and Trustee Sumrall seconded the
motion to open For a conference with Town Attorney for the purpose of receiving legal
advice on specific legal questions under C.R.S. Section 24- 6- 402(4)(b) and 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) regarding an Annexation Agreement to include TA McGowan, TM Durbin
and TP Trotter. Motion carried: 6 -0.
Enter: 7:56
Trustee Brent moved, and Trustee Shapiro seconded the motion to close the executive
session. Motion carried: 6 -0.
Exit: 8:20
Attorney's Opinion Required by C.R.S. 24- 6- 402(2)(d.5)(II)(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
communicati
Rod McGowan, Town Attorney
c) Amending the Zoning Regulations to Implement a Temporary Amnesty Program
for Non Conforming Accessory Dwelling Units.
Trustee Brent moved, and Trustee Shapiro seconded the motion to open the public
hearing on Amending the Zoning Regulations to Implement a Temporary Amnesty
Program for Non Conforming Accessory Dwelling Units. Motion carried: 6 -0.
TP Trotter provided proof of publication and outlined the history of ADU discussions with
the Board.
Building Inspector Howland voiced his support of the Ordinance regarding ADU's.
Public comment was taken from:
Motor Coulson
Trustee Brent moved, and Trustee Shapiro seconded the motion to close the public
hearing on Amending the Zoning Regulations to Implement a Temporary Amnesty
Program for Non Conforming Accessory Dwelling Units. Motion carried: 6 -0.
Page 3 of 4
8. Discussion and Possible Action Regarding:
a) Resolution 2012 -03 -05 Regarding Byers Peak Ranch Annexation
Trustee Brent moved, and Trustee Shapiro seconded the motion to continue discussion
on Resolution 2012 -03 -05 Regarding Byers Peak Ranch Annexation until April 18, 2012
and ask BPR to respond definitively to the February 16, 2012 memo. Motion carried: 6-
0.
b) Ordinance 394 Amending the Zoning Regulations to Implement a Temporary
Amnesty Program for Non Conforming Accessory Dwelling Units.
Trustee Smith moved, and Trustee Brent seconded the motion to approve Ordinance
394 Amending the Zoning Regulations to Implement a Temporary Amnesty Program for
Non- Conforming Accessory Dwelling Units. Motion carried: 6 -0.
c) Approval to Transfer $50,783 from Wastewater Fund to Joint Facilities Fund to
Correct Allocation between Owners of Treatment Plant
FM Havens outlined for the Board how the allocation had been miscalculated in 1989.
This transfer would correct the allocations mistake.
Trustee Hoyhtya moved, and Trustee Brent seconded the motion to approve Approval
to Transfer $50,783 from Wastewater Fund to Joint Facilities Fund to Correct Allocation
between Owners of Treatment Plant. Motion carried: 6 -0.
Sumrall Aye
Brent Aye
Shapiro Aye
9. Community Reports:
10. Other Business:
Smith Aye
Cook Aye
Hoyhtya Aye
Lu Berger, Town C
Page 4of4
Trustee Smith briefed the Board on the recent CAST meeting held at the legislature in
Denver.
Mayor Cook offered her thanks and appreciation to the Board and staff for working with
her during her tenure as Trustee and Mayor.
Trustee Shapiro moved, and Trustee Brent seconded the motion to adjourn. Motion
carried: 6 -0. Meeting adjourned at 8:55 p.m.
z
LU
W W
W
Ce
Q (n N
Z N
Q
Q
CO W
Z
0
H
o= d
ami33� U,
m 0 V:) 0 d
to O d
O w .c c m
u)
0 S d 0' O
0 i K 'A. 0
m
'On O _0 O 1 O
O=
E� 6. 0
m U
Q.
L m m
r m 0 m
CD m
O tot O 52 0. N t m .L d
O a>m +m
l L m
OHv t
U
O O E C
E 0 r
d CD
O N O
U d U E .o
i y 0) C G c
t0 0 r te U U o
m CO c_ 2-c
t.� O V Q d0 O
80 2111; O 0_
i 0 C.1 2
d tQ a
,o i L
c� L�- a,o.°
e0, O O 0E0
F.2 03 E L d
Q. V 0) O .IX O
3 72 ..-E! v c 4) co 03
l m O 0 L 03 y..
m O O z
ms L
O 20.
0 'w m 0 0- c co
c+ L L L t0 m CL
2 m t O 1" m 0 O
ttf O A r. L m
tt=
of 0
i.i
'C� a, O E
O 0 o L 0 .r+ 0
0.mE" (0 ..9. 0 x
m e
0l� E 'm
t N m O r.
o m 3 a,m m._ 0
.E~-;5mLc -0
4C+ o
L. o O) "0
u O +a' .O M-4
U m d CO ...Se 0 0
c 0 0 00 00 a E
s
a _0 '0 3 m 0
41) as iYeam
1-
V
F.
0
0
0
0
J
CT'
i
2.1
°x
N
a
0
H
N
w
w
z