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HomeMy Public PortalAboutTBM 2012-04-18DATE: Wednesday, April 18, 2012 MEETING: Board of Trustees Regular Meeting PLACE: Fraser Town Hall Board Room PRESENT Board: Mayor Peggy Smith; Mayor Pro -Tem Steve Sumrall; Trustees; Philip Naill, Eileen Waldow, Vesta Shapiro, Cheri Sanders Staff: Others: See attached list Chris Thorne, Special Counsel 2. Regular Meeting: Roll Call 3. Approval of Agenda: FRASER BOARD OF TRUSTEES MINUTES 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 Mayor Smith called the meeting to order at 6:08 p.m. 1. Executive Session: For a conference with Special Counsel 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 water matters and to include TM Durbin, PW Nordin, WS Fuqua and SC Chris Thorne. Trustee Sumrall moved, and Trustee Naill seconded the motion to open the Executive Session. Motion carried: 6 -0. Open: 6:08 Exit: 7:04 Trustee Sumrall moved, and Trustee Naill seconded the motion to close the Executive Session. Motion carried: 6-0. 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 communication. Agenda amended to add an Executive Session between 8a and 8b. Trustee Sumrall moved, and Trustee Waldow seconded the motion to approve the Agenda. Motion carried: 6 -0. 4. Consent Agenda: a) Minutes April 4, 2012 b) Business Enhancement Grant Application Fraser Valley One Hour Photo c) Planning Commission appointments Page 2 of 5 Trustee Shapiro moved, and Trustee Sanders seconded the motion to approve the consent agenda. Motion carried: 6-0. 5. Open Forum: Carol Sandusky Melanie Zwick voiced their desire for the appointment of Adam Cwiklin for the Trustee seat vacated by Peggy Smith's election as Mayor. Trout's Unlimited representative Kirk Klancke addressed the Board regarding a House Resolution concerning naming a portion of the Fraser River the "Eisenhower Memorial Reach." 6. Updates: 7. Public Hearings: a) Bottle Pass Liquors Change of Location Application Trustee Naill moved, and Trustee Sumrall seconded the motion to open the public hearing on Bottle Pass Liquors Change of Location Application. Motion carried: 6 -0. The Board of Trustees, sitting as the Fraser Local Liquor Licensing Authority, conducted the following proceedings concerning the application of Bottle Pass Liquors for a Change of Location Application. TA McGowan briefed the Board and the audience on the purpose and procedure for tonight's meeting. TA McGowan offered as Exhibits 1-4 copies of the liquor license application, proof of publication and the notice of the hearing and the Clerk's Finding of Facts, Clerk's memo and submitted petitions regarding the application. Trustee Sumrall moved, and Trustee Neill seconded the motion to enter in exhibits 1-4 into evidence. Motion carried: 7 -0. There being no objections, the Mayor ordered that the exhibits be accepted as evidence. Richard Bennett, representing Bottle Pass Liquor, voiced the applicant's desire to move their location and referenced a letter received from the counsel of Winter Boat, LLC. Mr. Bennett does not believe the issues brought up in the letter have any value in this hearing. Page 3 of 5 Mr. Pesch, Chief Operating Officer of Western Centers the agent of the landlords Winter Boat, LLC. addressed the Board regarding his clients belief that the provision in the new lease stating that if the old lease is not terminated by March 1, 2012 the new lease then becomes null and void. Patty Sue Colson offered testimony. The Applicant's right of possession of the proposed property locations was brought into question. The Local Licensing Authority chose to continue the public hearing until May 16, 2012 to allow the applicant to bring proof of possession for the proposed location. Trustee Sumrall moved, and Trustee Nail! seconded the motion to continue the public hearing on Bottle Pass Liquors Change of Location Application on May 16, 2012. Motion carried: 6 -0. 8. Discussion and Possible Action Regarding: a) Resolution 2012 -04 -04 regarding Bottle Pass Liquors Change of Location Application Continued until May 16, 2012. b) Resolution 2012 -03 -05 regarding Byers Peak Ranch negotiations Mayor Smith briefed the Board on the information received from Bestall Collaborative Limited regarding the request from the Board at the March 21, 2012 meeting that Byers Peak Ranch address the Board's concerns. Jack Bestall addressed the Board on Byers Peak desire to continue negotiations with the Town. The Board agreed to meet with Byers Peak Ranch until the June 20, 2012 meeting. Resolution will be brought back on June 20, 2012. Executive Session: For a conference with Town Counsel 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 TM Durbin, TP Trotter and TA McGowan. Trustee Sumrall moved, and Trustee Nail! seconded the motion to open the Executive Session. Motion carried: 6 -0. Open: 8:17 Exit: 8:43 Trustee Sanders moved, and Trustee Shapiro seconded the motion to close the Executive Session. Motion carried: 6 -0. 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 commune Rod McGowan, Town Attorney c) Resolution 2012 -04 -01 regarding signalization of Rendezvous Road Trustee Sumrall moved, and Trustee Naill seconded the motion to approve Resolution 2012 -04 -01 regarding signalization of Rendezvous Road. Motion carried: 6 -0. d) Resolution 2012 -04 -03 Streets and drainage improvements TM Durbin and PW Nordin briefed the Board on the 2012 streets and drainage improvement proposals. The Board requested more information on the process. This Resolution will be brought back to the Board on May 2, 2012. e) Filling of Peggy Smith Trustee Position Mayor Smith recommended Adam Cwiklin be appointed to her vacated Trustee seat. Trustee Waldow moved, and Trustee Shapiro seconded the motion to approve Filling of Peggy Smith Trustee Position by Adam Cwiklin. Motion carried: 6 -0. Adam Cwiklin was sworn in as a Fraser Trustee. He will fulfill the remainder of Peggy Smith's term ending in April 2014. f) Water/VVastewater Committee appointment Trustees Waldow and Cwiklin voiced interest in being a member of the Water and Wastewater Committee. Trustee Naill moved, and Trustee Waldow seconded the motion to approve Adam Cwiklin to the Water/VVastewater Committee appointment. Motion carried: 7 -0. g) School District opening and closing committee appointment TM Durbin outlined the school districts desire to have Fraser appointment members to the School District Opening and Closing Committee. Trustee Sumrall and Clark Lipscomb were designated as the appointments. Trustee Sanders moved, and Trustee Naill seconded the motion to approve School District opening and closing committee appointments, Trustee Sumrall and Clark Lipscomb. Motion carried: 7 -0. 9. Community Reports: 10. Other Business: Page 4 of 5 Trustee Shapiro moved, and Trustee Naiii seconded the motion to adjourn. Motion carried: 7 -0. Meeting adjourned at 9:45 p.m. Lu Berger, Town Arkey Page 5 of 5 PHYSICAL ADDRESS Niumpt G© t Z/5 77 -0 1-7 l I? r 9 0 S Qj 1,-‘)-) 9 Q /'I CT' 9 DC 1 j b 1 (NE 0S ('10 Nil-V Q.L1 v i VV Y? 72. 7 •L, 70 l -4 ia NVN 0 01 Ce 1 CD CO I T 1 o s 1:). o a O. m m c- c N 15 N ca ai Ea' o ro -0 d o ccaa la o ca ca C d d E N e.) 3 C N Q. a u) O L O o sZ i d Cl) E. it N cu c co c w E m co ca d c 0 X -a L O 0 C .0 O V CU V MI L O L P C 3 L to O o a N O C V O R to CD 0 O i O L y O CD O a N L >+O 4 W O d d N O O CO 0 E 1 v O a) o. o •C L A E.D 'a C d C O O O O R L 0 0 'F+ L C C O O 0 7 d O c6 E A N C O N N Q -d C. To L C C Q .(7, C G� I— D) E R E r.; E R L a m O E d C C d L O& N N m C 'C c U 3 'C c N N .0 al I- 'N C ca O C RI CD :F. 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