HomeMy Public PortalAboutTBP 2014-04-02Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
Town Board Briefing
April 2, 2014
Please note that Members of the Board may have dinner together @ 5:30 p.m. at the
Fraser Town Hall.
Also, please note that there is no workshop and the regular meeting will begin at
6:00pm.
I am very pleased to note that we have six candidates running for four seats on the
Town Board, and look forward to welcoming our newest elected officials at this meeting
and thanking outgoing elected officials for their dedicated service to the community.
Best wishes to all six candidates.
The first order of business for the Board to consider is the statutory appointments of
town Clerk, Town Treasurer, Town Attorney, and Municipal Judge. These appointments
must occur within 30 days of seating of the new Board. Following this, the Board shall
choose one of its members to serve as Mayor Pro Tem. The Town Code provides that
the Board shall choose its Mayor Pro Tem at its first meeting after the election.
Essentially, the Mayor Pro Tem serves as Mayor should the Mayor be absent or
unavailable.
The 2014 Budget included a variety of programs and projects, and I’d like to outline
proposed work plan items for the Board. I will not be seeking any action at this meeting,
but would like consensus within the next couple meetings. Over the course of the last
couple years it seems that Byers Peak Ranch has overshadowed other matters. We
have a lot of other good work to do and look forward to discussing these matters with the
Board.
As always, feel free to contact me if you have any questions or need any additional
information.
Jeff Durbin
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.
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.
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 2014-3-6 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.
Trustee moved, and Trustee 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: -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 fee 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 Fraser/Winter 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.
Board was willing to consider the request at the time of retail license submittal.
8. Community Reports:
9. Other Business:
Trustee Shapiro moved, and Trustee Sanders seconded the motion to adjourn. Motion
carried: 6-0. Meeting adjourned at 8:13 p.m.
Lu Berger, Town Clerk
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