Colorado



TOWN OF DF BEQUEBOARD OF TRUSTEESREGULAR MEETINGMAY 21, 2018WORKSHOP:An orientation workshop was held at 5:00 p.m. prior to the Regular meeting of the Board of Trustees. in the Community Center, 381 Minter. Those Board members attending were: Mayor Zeke Gaudern, Trustees Summer Black-Greening; David Jackson; Walter Wood; Judy Lake and Stephani Rose. Trustee Hansen was absent. David McConaughy gave a PowerPoint presentation on ethics, duties, responsibilities, etc. of the Board. Some topics touched on were the difference between Ordinances and Resolutions; type of government – Statutory Town with a Mayor/ Board form of government with Mayor having the power to vote. Also discussed was the chain of command; public hearings; quasi-judicial hearings; posting requirements; legal publications, executive sessions, ex parte communications and acceptance of gifts/financial gain. A very informative workshop.REGULAR MEETING:The Regular meeting of the Board of Trustees was held on Monday, May 21, 2018 at 6:00 p.m. in the Community Center, 381 Minter Avenue. Present were the following:Mayor: Zeke GaudernTrustees: David JacksonSummer Black-GreeningJudy Lake Walter WoodShanelle HansenStephani RoseStaff Present: Bob DalleyIsaac Inskeep David McConaughy Shirley Nichols Diane RickstrewAlso Present:See AttachedI. CALL TO ORDER AND PLEDGE OF ALLEGIANCE:The meeting was opened at 6:04 p.m. by Mayor Gaudern and they proceeded with the Pledge of Allegiance.TOWN OF DE BEQUEBOARD OF TRUSTEESREGULAR MEETINGMAY 21, 2018PAGE 2II. ROLL CALL:Roll call was taken and a quorum was present.III. ADDITIONS, DELETIONS OR CORRECTIONS TO THE AGENDA:IV. CONSENT AGENDA:1. MINUTES: Regular meeting , April 16, 2018Motion: Trustee RoseTo approve the minutes of the April 16, 2018 meetingSecond: Trustee LakeVoice Vote: Unanimously in favor of the motion2. BILLS AND EXPENDITURES:Motion: Trustee RoseAfter a question regarding a check for $16,913.85 Colorado National Bank, Trustee Rose motioned to approve the bills and expenditures for April, 2018Second: Trustee HansenVoice Vote: Unanimously in favor of the motion and it carried.3. APPROVAL OF SIGNATURE CHANGES NECESSARY FOLLOWING THE April, 2018 MUNICIPAL ELECTION ADDING MAYOR, ZEKE GAUDERN AS SIGNER.Motion: Trustee HansenTo approve the addition of the Mayor as a signor on the accountsSecond: Trustee LakeVoice Vote: Unanimously in favor of the motionTOWN OF DE BEQUEBOARD OF TRUSTEESREGULAR MEETINGMAY 21, 2018PAGE 34. ACCEPTANCE OF FINAL AUDIT:MOTION: Trustee HansenTo accept the final audit done by McMahan and AssociatesSecond: Trustee RoseVoice Vote: Unanimously in favor of the motionV. ITEMS FOR PERSONS PRESENT-NOT ON THE AGENDA: (Limit 3 minutes)Lloyd Quesenberry, attorney for Mark Lambros Kurzenhauser, addressed the Board. His client is the owner of the old Oddfellows Hall on the corner of 4th and Curtis and they have just given a three day eviction notice to remove a squatter from the building. If he doesn’t leave the Town will then have to go through the Court process. His client wants to restore and improve the building and is talking to the State about this. He had been over and looked at the condition of the building and had taken pictures. He would like to have the Board add this to their agenda down the road.Trustee Lake stated that this would depend on how quick the squatter leaves. Mr. Quesenberry recommended that it be put on the agenda for next month.VI. REPORTS:Written Reports had been submitted by the Marshal and the Public Works SupervisorTrustee Rose asked about the programs the Marshal is starting for young people that will begin when school is out. She commended him for doing this.Joe Keys approached the Board regarding the locking of the gates at the river. The lock has disappeared and he feels the gate needs to be locked at night. Initially the gate has being opened early in the morning and closed and locked at night at 6:00 p.m. and sometimes later. He has someone to open it in the morning and close it at night.Trustee Hansen stated she agrees that it should be locked at night as if any mischief happens it is normally late at night. TOWN OF DE BEQUEBOARD OF TRUSTEESREGULAR MEETINGMAY 21, 2018PAGE 4Mayor Gaudern sees no reason to lock the gate. A lock only keeps an honest person honest. The gate could be shut but should not be locked.The Board made no decision.VII. BOARD COMMENTS:Mayor Gaudern said that the Board needed to appoint a Mayor Pro-tem and asked if any of the Board members were interested in being Mayor Pro-tem. No one volunteered and no action was taken at this time.He is asking the BOT to encourage letters of interest in serving on the Planning and Zoning Commission.The person needs to be a resident of the Town to serve in this capacity.He met with the chip and seal contractor regarding problems that were found. The contractor said he will check others he is doing and will come out at the end of summer and fix ours at no charge. The Mayor is also working on getting the striping problem solved.Trustee Jackson brought a traffic problem with a tree at the corner of Minter and Third by the storage unit. You cannot see around it when making a turn. Trustee Hansen said she had trimmed some but will have to get permission from the owner before removing the tree. VIII. NEW BUSINESS:1. RECREATION DIRECTOR REQUEST FOR PART-TIME SUMMER HELP:The Recreation Director has requested permission to hire a part-time person for the summer. Due to her back injury there are some things she will not be able to do. Her suggested salary is $14. The position will be advertised.The Board, by general consensus, approved the hiring of a part-time summer employee at a salary of $11.00 per hour.2. PRESENTATION BY DAVID LUDLUM, PRESIDENT OF THE MESA COUNTY FEDERAL MINERALS LEASE BOARD OF DIRECTORS:TOWN OF DE BEQUEBOARD OF TRUSTEESREGULAR MEETINGMAY 21, 2018PAGE 5David Ludlum representing the Federal Mineral Leasing District, was here to explain the bill passed last year by the Colorado Legislature allowing FML Districts to invest federal royalty money. Interest earned from such investments must be used for the same purposes they originally were used for. He is asking for a letter of support for their “Forever Fund”.Dusti Reimer accompanied him and gave facts and figures. The original investment was $851,936. Another $85,791 in unencumbered grant funds was kicked in by their three member Board. She gave amounts previously given to De Beque, the school and the fire district.Trustee Hansen is in hopes that the money will be passed out more fairly than it had been in the past. Small communities affected the most had not been receiving their share.There was no decision made on whether or not a letter would be forthcoming.3. DISCUSSION AND ACTION ON RESOLUTION 2018-06: A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF DE BEQUE APPROVING THE RENEWAL OF TWO CULTIVATION FACILITY LICENSES FOR DISTRICT 8 HOLDINGS LLC:Mr. McConaughy explained that Resolutions 2018-06 thru 2018-09 were to establish a common renewal date for the Recreational Marijuana licensees seeking to renew at this time. Trustee Lake asked about the outdoor grow and if there have been any problems for the Town, Also, have there been any changes made since the last renewal?Trevor Taylor explained that the outdoor grow had been approved but not started yet. When asked when this would happen he estimated , June, and added there have been no changes made.Motion: Trustee RoseTo approve the renewal of District 8’s two cultivation licensesSecond: Trustee Black-GreeningVoice Vote: Unanimously in favor of the motionTOWN OF DE BEQUEBOARD OF TRUSTEESREGULAR MEETINGMAY 21, 2018PAGE 64. DISCUSSION AND ACTION ON RESOLUTION 2018-07, A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF DE BEQUE APPROVING THE RENEWAL OF A MIPS LICENSE FOR DISTRICT 8 HOLDINGS LLC:Motion: Trustee RoseTo approve the MIPS license for District 8 Holdings LLCSecond: Trustee Black-GreeningVoice Vote: Trustee Lake voted, no. Remaining Trustees voted, yes.5. DISCUSSION AND ACTION ON RESOLUTION 2018-08, A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF DE BEQUE APPROVING THE RENEWAL OF A MARIJUANA RETAIL DISPENSARY LICENSE FOR KUSH GARDENS:Motion: Trustee HansenTo approve the renewal of the marijuana retail store license for Kush GardensSecond: Trustee RoseVoice Vote: Unanimously in favor of the motion6. DISCUSSION AND ACTION ON RESOLUTION 2018-09, A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN DE BEQUE APPROVING THE RENEWAL OF A MARIJUANA CULTIVATION LIMITED AND A RETAIL DISPENDARY LICENSE FOR BUDS LIMITED.Motion: Trustee Hansen To approve the renewal of the marijuana limited cultivation license for Bud’s Limited and the retail dispensary license for Bud’s, LLCSecond: Trustee RoseVoice Vote: Trustee Lake voted, no. Remaining Trustees voted, yesTOWN OF DE BEQUEBOARD OF TRUSTEESREGULAR MEETINGMAY 21, 2018PAGE 7Mr. Gerard stated that he has not begun cultivation due to the economy and probably will do nothing until fall.7. DISCUSSION AND ACTION ON RESOLUTION 2018-10, A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF DE BEQUE APPROVING A REQUEST TO EXTEND THE FINAL PLAT APPROVAL OF THE RIVERBRIDGE INDUSTRIAL PARK PUD IN ACCORDANCE WITH SECTION 14.06.140 OF THE MUNICIPAL CODE:Mr. McConaughy explained that Mr. Feeley had until September to finalize his plat for final approval. He is asking for a one year extension Motion: Trustee RoseTo allow a one year extension to Joe Feeley to finalize his final plat for approvalSecond: Trustee Black-GreeningVoice Vote: Trustee Lake voted, no. Remaining Trustees voted, yes.8. DISCUSSION ON A REQUEST FROM JOE FEELEY TO EXTEND A VESTED PROPERTY RIGHT FOR JOE FEELEY AT THE RIVER BRIDGE INDUSTRIAL PARK PUDMr. Feeley asked to have this request withdrawn.9. DISCUSSION AND ACTION ON A PROPOSAL FROM JOE KEYS OF JET BOAT COLORADO TO ADDRESS MOSQUITO ABATEMENT AND CONTROL ON THE TOWN OWNED PROPERTY SOUTH OF THE RIVER.Mr. Keys addressed the Board saying that he realized a mosquito district had been voted in but it is his understanding that it was not funded. He is here proposing to perform this by using the Town equipment at no cost or possibly a lease. He would provide the labor and supplies.Mr. McConaughy asked what he would do without a licensed applicator.He stated that he would become one.Trustee Hansen suggested the use of Larvicides. Mr. Keys said that last year they used both. TOWN OF DE BEQUEBOARD OF TRUSTEESREGULAR MEETINGMAY 21, 2018PAGE 8Trustee Hansen asked about the maintenance of the equipment. Mr. Keys said he would fix any damage.Trustee Lake stated the Town should not rent their equipment. Mayor Gaudern stated he did not see this happening. If rented to Mr. Keys then everyone would want to use it. It is for private use. Toni Vincenzetti, Mosquito Board Chairman spoke to the Board. They have already been approached by Bass Lake for this same thing. The District has an IGA with the Town of De Beque for the use of their equipment and have been given the chemicals for District use. The problem being as they do not have the funds to do this at this time. Their Board is preparing to go to the voters with a ballot issue in November to secure funding for the District. If the Town were to allow this she feels it will assure the failure of the ballot issue. Also spraying on the river property Mr. Keys uses will do nothing to prevent mosquitos in the rest of the Town and he will not have the authority to spray in the County.Mr. Keys asked about private funding and volunteered to go door to door soliciting this.Mayor Gaudern invited Mr. Keys to attend the Mosquito District meeting on June 11, 2018 at 6:00 p.m.10. DISCUSSION ABOUT LIVESTOCK GRAZING ON PROPERTIES WITHIN THE TOWN LIMITS:Trevor Taylor stated this had started at a small level. He had leased to D. Rickstrew and Mr. Inskeep complained. He is now leasing to Cody Flores and Mr. Inskeep is complaining. Cattle and farming are a part of De Beque. His original request for AG zoning had been denied and he was forced to zone Industrial. He has approximately 50 acres that would be best maintained for agricultural use.Mr. McConaughy explained options: Rezone to agriculture; A blanket zone over the whole Town;Amend Chapter 9 to allow AG zoning and number of livestock according to acres.Trustee Jackson is concerned about the cows on the River property that the Town has recently spent so much money to make a park.The Town will continue to consider their options and no decision was made.TOWN OF DE BEQUEBOARD OF TRUSTEESREGULAR MEETINGMAY 21, 2018PAGE 911. DISCUSSION AND ACTION AMENDING THE RENTAL FEES FOR THE DE BEQUE BUSINESS DIRECTORY:Mayor Gaudern feels that the cost of the signs for small businesses is too high and should be lowered. Trustee Lake asked about those who have already paid the $900 fee. The Mayor is suggesting $50 for the small signs and $450 for the larger signs. The Board agreed with him.Motion: Trustee WoodBeginning June 1, 2018 the Town sign fees would be changed to $50 for the small sign and $450 for the larger sign and a credit for the amount paid by others this year will be given to them upon renewal of their signs in January, 2019.Second: Trustee JacksonVoice Vote: Unanimously in favor of the motionIX. OLD BUSINESSNoneX. ADJOURNMENT:Motion: Trustee RoseTo adjournSecond: Trustee Black-GreeningThe Board unanimously agreed.Meeting adjourned 8:00 p. m.____________________________________________________________ApprovedDate ................
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