Attachments to the minutes can be obtained by calling Kathy Neel, Town Clerk, @ 547-0545

  TOWN OF BLUE RIVER

MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES

December 20, 2011

PLEASE NOTE:  The regular meeting was preceded by a work session held at 5:00 p.m. for the purpose of discussing the Road Manager position for the Town of Blue River.  The regular meeting of the Blue River Board of Trustees was held at the Blue River Town Hall, 0110 Whispering Pines, Blue River, Colorado at 6:00 p.m.

1.      Call to Order

Mayor Lindsay Backas called the meeting of the Town of Blue River Trustees to order at 6:00 p.m., at the Blue River Town Hall, 0110 Whispering Pines Drive, Blue River, Colorado.

Roll Call

The following Trustees were present and answered the roll call:

Tom Hill

Larry Nelson

Lindsay Backas

Rob Theobald

Also present at the meeting were Kevin Snell, Blue River Deputy and John Dunn, Blue River Attorney.

2.      Reading and Approval of the Minutes from the Blue River Board of Trustees Meeting held on November 15, 2011.  Rob Theobald made a motion to approve the minutes of the November 15, 2011 meeting. Larry Nelson seconded the motion. The motion passed unanimously.

3.      Approval of the Agenda

Added under Item 8  Other Business -Executive session for a conference with the Town Attorney for the purpose of receiving legal advice on a specific legal question pursuant to C.R.S. 24-6-402(4)(b)

4.       Welcome and Public Comment   None

5.       Reports

Mayors Report 

With the resignation of the Chairman, the Planning and Zoning Commission has a vacancy.  Mayor Lindsay Backas will ask Tim Johnson if he has an interest in the position of Chairman.

The Solar Garden is back in play, but they are waiting to hear back from Xcel.  Once there is more information, Blue River will hold a public meeting.

The Towns new website is almost completed.

Mayor Backas has not heard back from McCullough Gulch Reserve regarding the snow plowing.  Blue River has agreed to contribute up to $1,050.00 to share the cost of plowing the road up to Lot 1.  Bob Byron has agreed to plow up to Lot 1 McCullough Gulch Reserve.

 The Town Christmas party was enjoyed by all.

Lindsay Backas attended court in December.  She thanked Todd Barson for his work with the Town.  Court Clerk, Diana Goldstein will purchase a new recorder for Court.

Rob Theobald and Lindsay Backas met with County Manager, Gary Martinez and Assistant County Manager Thad Noll to discuss Spruce Creek Road.  The road is used by many non Blue River residents to access the National Forest.  The County and Town will work together on a plan to repair the road.  Summit County will contribute dirt hauling, front end loader and a blade.  Blue River will provide road base and a roller/compactor.  The excess dirt from the Upper Blue Sanitation District will be used for the project.  Steven Humphreys will put together a plan and get the project on the County schedule.

Tom Hill will attend the January meeting with the Summit County Sheriffs Department.

B.     Road Managers Report 

Larry Nelson met with Bob Byron and worked out a schedule to plow Rio Azul in McCullough Gulch Reserve.  He will also contact CDOT to find out who is responsible for replacing and repairing the stop signs at Highway 9.  If the Town is not maintaining Rio Azul, it should not be part of the certification for highway funds.  The new road in Sherwood Forest will be added to the list of Town roads.

C.     Building Officials Report 

A copy of building permits issued in 2011 was distributed to the Board.  An Ordinance pertaining to plastic venting for gas fired appliances will be presented at the January 17, 2012 meeting.  Passage of the Ordinance will keep the Town of Blue River consistent with Summit County regulations.

Highway funds depend on the roads within the Town that are maintained by Blue River.  If Rio Azul is not being maintained by the Town, it shouldnt be included in the Towns maintained roads.  The new road in Sherwood Forest will be added to the list.

D.     Finance Report 

Rob Theobald made a motion to approve the warrant list in the amount of $81,612.83.  Larry Nelson seconded the motion.  A roll call was taken with all voting yes.

E.      Other Trustees Report-

If the Town has proof that a property is being rented short-term, without paying the lodging tax, the owner can be cited in Municipal Court.  The Municipal Court Judge can subpoena tax records in order to prosecute for failure to file a sales tax return.  Town Treasurer, Allyn Mosher has been writing letters to property owners explaining the lodging tax, hoping to get more owners to comply.  The new website will contain the fines associated with failure to comply with the Lodging Tax Ordinance.  Since short term rentals have an impact on permanent residents, the Town will consider offering rewards for the offenders that are turned in.

F.      Blue River Attorneys Report 

John Dunn will write a letter to Al Morris (Lot 40 Blue Rock Springs), stating the Town was under no obligation to send notice to property owners in violation of the Towns Ordinances.

Zeb Mertes marked the stumps of the trees that were cut down on Lot 2 Bryce Estates when the trees were cut down in order to comply with the Notice of Abatement that was issued. Mr. Dunn has spoken to Clifford Rodgers, and the issue will be resolved once the snow melts.

G.     Blue River Deputys Report  See Attached

Deputy Snell has been contacting snowmobilers to make them aware of the Towns Ordinances.

H.     Planning and Zoning Report  Meeting cancelled

6.        New Business

A.   Blue River Town Park  Final Receipt and Guarantee/Stan Miller Inc./ Contract Bond Release/Stan Miller Inc.

The Robert A. Theobald Memorial Park has been completed and Mayor Backas signed the release of bond.

B.     Blue River Road Project  RKR Inc. Invoice

The original scope of services and agreement with RKR Inc. was for  $16,615.62.  It included paving the curve on Blue River Road and the earthwork on the Theobald property.  The invoice received by the Town is for $21.095.33.  Part of the reason for the increase in the invoice was for the paving that was bid to be finished in July, but was not completed until October because of the sewer installation.  Remaining top soil is to be kept on site and used for future planting.  Steven Humphreys recommended the Board pay the full contract amount, plus the additional cost of the delayed paving, in the amount of $18,345.62.  Further information and documentation will be required from RKR Inc. concerning the removal of the excess dirt before the Town disburses the amount for the remainder of the invoice.

Larry Nelson made a motion to pay RKR Inc. $18,345.62 upon Steven Humphreys recommendation, and the Board will revisit the issue upon further documentation.  Tom Hill seconded the motion.  A roll call was taken with all voting yes.

7.       Other Business

Executive Session for the purpose of discussing personnel matters pursuant to C.R.S. 24-6-402(4)(f) and for a conference with the Town Attorney for the purpose of receiving legal advice on a specific legal question pursuant to C.R.S. 24-6-402(4)(b)

At 6:45 p.m. Rob Theobald made a motion to the Board to go into Executive Session for the purpose of discussing personnel matters pursuant to C.R.S.24-6-402(4)(f).  Larry Nelson seconded the motion.  The motion passed unanimously.  At 7:30 p.m. Rob Theobald made a motion for the Board to come out of Executive Session.  Larry Nelson seconded the motion.  The motion passed unanimously.  The Board came out of Executive Session and the following actions were taken:

Lindsay Backas made a motion to appoint Monica McElyea as Assistant Municipal Court Judge for a period of 2 months with the same salary as the former Judge.  Larry Nelson seconded the motion.  A roll call was taken with all voting yes.

Larry Nelson made a motion to give Kevin Snell, Blue River Deputy a bonus of $1,000.00.  Rob Theobald seconded the motion.  A roll call was taken with all voting yes.

Adjournment

There being no further business before the Board, Rob Theobald made a motion to adjourn the meeting.  Larry Nelson seconded the motion.  Mayor Lindsay Backas adjourned the meeting at 7:35 p.m.

Approved by:                                                                                                    Respectfully submitted:

____________________________                                                               ___________________________

Lindsay Backas, Mayor                                                                   Kathleen Neel, Town Clerk

NOTE:  These minutes are a summary of the proceedings and motion of the December 20, 2011 Town of Blue River Board of Trustees meeting.  The complete and accurate record is the tape recording of the meeting, available in the office of the Town Clerk upon reasonable notice.