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Home My Public Portal AboutTBM 2014-03-26 FRASER BOARD OF TRUSTEES MINUTES DATE: Wednesday, March 26, 2014 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: 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, Town Attorney Rod McGowan Others: See attached list Mayor Smith called the meeting to order at 7:09 p.m. 1. Roll Call: 2. Approval of Agenda: Trustee Sumrall moved, and Trustee Sanders seconded the motion to approve the Agenda. Motion carried: 6-0. 3. Executive Session: For a conference with the Town's 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 a(n) request for out of town water and sewer service and to include, Town Manager Durbin, Town Attorney McGowan, Finance Manager Havens and Public Works Director Nordin Trustee Sumrall moved, and Trustee Sanders seconded the motion to enter executive session. Motion carried: 6-0. Enter: 6:02 Exit: 7:00 Trustee Naill moved, and Trustee Shapiro seconded the motion to exit executive session. Motion carried: 6-0. t 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. Page 2 of 4 Rod McGowan, Town Attorney 4. Consent Agenda: a) Minutes —March 5, 2014 Trustee Waldow expressed concerns with the format of the minutes. Trustee Sanders moved, and Trustee Naill seconded the motion to approve the consent agenda. Motion carried: 5-1. 5. Open Forum: 6. Public Hearings: a) International Existing Building Code, 2009 Edition and Making Conforming Amendments to the Fraser Municipal Code The Ordinance regarding the International Existing Building Code was introduced to the Board on February 5, 2014 and outlined for the Board. There was no public comment. Trustee Sumrall moved, and Trustee Shapiro seconded the motion to open the public hearing regarding to the International Existing Building Code, 2009 Edition and Making Conforming Amendments to the Fraser Municipal Code. Motion carried: 6-0. Trustee Sumrall moved, and Trustee Shapiro seconded the motion to close the public hearing regarding to the International Existing Building Code, 2009 Edition and Making Conforming Amendments to the Fraser Municipal Code. Motion carried: 6-0. 7. Discussion and Possible Action Regarding: a) Ordinance 418 International Existing Building Code Trustee Sumrall moved, and Trustee Waldow seconded the motion to approve Ordinance 418 International Existing Building Code. Motion carried: 6-0. b) Ordinance 419 Out-of-Town Water&Wastewater Service TM Durbin recommended the Ordinance be adoption of the non-emergency version. Rick Edelson addressed the Board regarding the adoption of emergency ordinances. Trustee Shapiro moved, and Trustee Naill seconded the motion to approve Ordinance 419 Out-of-Town Water&Wastewater Service. Motion carried: 6-0. b) Resolution 2014-03-05 Water&Wastewater Service Area Page 3 of 4 The Resolution defines the service area of Ordinance 419. Trustee Sumrall moved, and Trustee Sanders seconded the motion to approve Resolution 2014-03-05 Water&Wastewater Service Area. Motion carried: 6-0. d) Byers Peak Properties Out of Town Service Proposal TA McGowan briefed the Board on the proposal received from Byers Peak Properties on March 20, 2014. A draft counter proposal was drafted by the Town Attorney and was considered by the Board. TA McGowan drafted a Resolution approving the agreement. The Board wished to maintain a consistent multiplier of 1.3 for the water, sewer and service fees and prepaid water tap number of 100 at 1.3. Resolution 2014-3-06 Approving The Water and Wastewater Service Agreement With Byers Peak Properties, LLC and Byers Peak Downhill Adventures, LLC, For Out-Of- Town Water and Wastewater Service, And Authorizing Execution Thereof Upon Satisfaction Of Certain Conditions. Trustee Sumrall moved, and Trustee Shapiro seconded the motion to approve Resolution 2014-3-6 Approving the Water and Wastewater Service Agreement with Byers Peak Properties, LLC and Byers Peak Downhill Adventures, LLC, for Out-Of-Town Water and Wastewater Service, and Authorizing Execution Thereof Upon Satisfaction of Certain Conditions. Motion carried: 6-0 Jack Bestall gave a presentation regarding their proposal for an out-of-town water service agreement. Clark Lipscomb, developer, also spoke regarding the proposal. e) Ordinance 420 Concerning Penalties for the Possession and Open and Public Consumption of Marijuana PC Trainor briefed the Board on the need to adopt the Ordinance to adapt to Amendment 64 and provisions attached to it. The Ordinance allows the judge to add community service to a sentence for a minor. Trustee Sumrall moved, and Trustee Naill seconded the motion to approve Ordinance 420 Concerning Penalties for the Possession and Open and Public Consumption of Marijuana. Motion carried: 6-0 f) Ordinance 421 Addressing Monetary Limits on Prosecuting the Crimes of Theft and Damaging Property in the Fraser/Winter Park Combined Municipal Court PC Trainor briefed the Board on the need to cleanup the language due to fey; changes made at the State level. Trustee Sanders moved, and Trustee Shapiro seconded the motion to approve Ordinance 421 Addressing Monetary Limits on Prosecuting the Crimes of Theft and Damaging Property in the FraserMinter Park Combined Municipal Court. Motion carried: 6 -0. Page 4 of 4 g) Serene Wellness License Fees TM Durbin outlined the plans of Dan Volpe, Serene Wellness owner, on converting his medical marijuana license to a retail license. He would like some relief on the fees paid for his medical license when he converts to retail. 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