6:30 P.M. BOARD OF TRUSTEES MEETING

Mayor Marlin Sibell called the Regular Meeting of the Board of Trustees of the Town of Monument, El Paso County, Colorado, to order at 6:30 P.M. on Monday, January 24, 2000 at the Town Hall.

At the call of the roll, the following were in attendance:
    Mayor Marlin Sibell
    Trustee Edgar DeLaney
    Trustee Kristi Schutz
    Trustee Glenda Smith
    Trustee Leon Tenney
    Trustee John Bailey
    Trustee James Vankekerix

Also Present:
    Al Sharon, Acting Town Manager
    Mike Shoback, Town Treasurer
    Audrey Auer, Town Clerk
    James Folkestad, Town Attorney
    Rhonda Steele, Public Works Administrative Assistant
    Rick Tudor, Acting Police Chief
    Patrick Mulready, Director of Planning and Community Development

CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE

PUBLIC INPUT

None.

CERTIFICATION OF AGENDA

Al Sharon, Acting Town Manager suggested that Resolution 2-2000 regarding the Treasurer be included as agenda item II C., the Monument Preservation Committee Update be included as item IV A1., and discussion of support of two Senate bills be included as item IV B. Trustee Tenney requested an Executive Session regarding personnel issues and legal advice at the end of the meeting.

REPORTS

Finance Committee

PPACG/Urban Area Policy Committee

Cemetery Committee

Parks and Landscape Committee

Trustee DeLaney informed the Board that the Parks and Landscape Committee had a meeting in January; the Committee needs two additional members.

Public Works Committee

Trustee Tenney informed the Board that the Public Works Committee did not have a quorum for the last meeting. The Chairman of the Committee resigned and the Committee is looking for 5 additional members. Trustee Tenney moved to accept the application of Dr. W. Lowell Morgan and appoint him to the Public Works Committee; seconded by Trustee Smith; motion carried unanimously. The next meeting of the Committee will be on the second Tuesday in February.

Trustee Tenney also stated that Well #1 needs to be investigated to determine what the problem is. Trustee Tenney moved to authorize Ron Rathburn, Water Department Foreman to have the authority to allow repairs of up to $30,000.00. Sharon suggested that the Board give this authority to the Town Manager and allow him to delegate it as needed; Trustee Tenney amended his motion to reflect this request; seconded by Trustee Bailey; motion carried unanimously.

BRRTA Committee

Trustee Smith stated that the next BRRTA Committee meeting will be held at 1:30 p.m. at Town Hall. Trustee Vankekerix reminded the Board that they should appoint members to the Committee. Trustee Smith moved to appoint Trustee Bailey and Trustee Schutz as members of the Committee, with Trustee Smith as the backup; seconded by Trustee DeLaney; motion carried unanimously.

Town Manager

Sharon announced that Rhonda Steele, Public Works Administrative Assistant was selected by the Colorado Chapter of the Public Works Association for an award for Public Works Administrative Assistant of the year. Trustee Tenney moved to approve giving Steele congratulations and possibly a bonus; seconded by Trustee Vankekerix. A brief discussion followed, and it was suggested that Steele be given time off rather than money. Trustee Tenney suggested a monetary bonus of $500.00 since this is a statewide award; he stated that perhaps the Town can set a precedence by doing this. The vote was four for and three against, with Trustee Smith, Trustee Schutz and Trustee Bailey casting the dissenting votes.

Town Attorney

Council Comments

Trustee Smith requested that Mike Shoback, Town Treasurer sign her up for the February 19, 2000 CML Workshop on Parliamentary Procedure; Trustee Vankekerix and Trustee Schutz also expressed the desire to attend this workshop. Mayor Sibell stated that he will attend a growth management seminar in Colorado Springs on January 28, 2000.

NEW BUSINESS

Municipal Fee Structure – Kees Corssmit, Ph.D, Integrated Utilities Group, Inc.

Kees Corssmit of Integrated Utilities Group, Inc. gave the Board a presentation regarding impact fees. He gave a brief history of Integrated Utilities Group, Inc., and outlined the importance and classes of impact fees. Corssmit also outlined the three impact fee approaches, and stressed the importance of justifying impact fees. According to Corssmit, the first task in looking at impact fees for the Town would be the water impact fees. Trustee Bailey questioned Corssmit about his fees and Corssmit responded that he would charge $2,000.00 for this first task. A discussion followed. Trustee Bailey expressed his opposition to raising the water tap fees since he feels that they are already high enough and new developments are already paying for themselves. Trustee Tenney on the other hand stated that the fees are important since the Town has so many improvement projects, and stated that if the Town is satisfied with the way Corssmit performs the first task, they can move on to the next task, such as storm drainage, etc. Trustee Schutz voiced her opinion that impact fees do not deter growth, and Trustee Smith shared her feelings that if the Board thinks that the finances are okay they may have a false sense of security because the Town needs a lot of upgrades but she hasn't seen much action. Trustee Tenney moved to appropriate $2,000.00 to Kees Corssmitt to do the first task on impact fees and use mid-range methodology; seconded by Trustee Schutz; the vote was six for and 1 against, with Trustee Bailey casting the dissenting vote. Trustee Vankekerix asked Corssmitt what timeframe he's looking at for the first task, and Corssmitt requested that the Board give him one month to assess the situation.

Tri-Lakes Historic Preservation Plan Update – Sky Hall, Chamber of Commerce

Sky Hall of the Tri-Lakes Chamber of Commerce informed the Board that the Tri-Lakes Historic Preservation Plan is in the final stages; this plan can be a tool for Monument and Palmer Lake to go after grant money for specific historic preservation projects. Hall informed the Board that they had received a $17,000.00 grant for the Plan; $14,000.00 of this was paid by the State, $1,000.00 by the Chamber, $1,000.00 by the Town of Palmer Lake, and the Town of Monument had also agreed to pay $1,000.00. Hall is now requesting that the Town of Monument follow through with the payment of $1,000.00 for the Plan. Trustee Bailey moved to approve the payment of $1,000.00 towards the Tri-Lakes Historic Preservation Plan; seconded by Trustee Vankekerix; motion carried unanimously.

Hall also informed the Board that the Tri-Lakes Comprehensive Plan is complete, and he urged the Town to look at this Plan as a guide for its own comprehensive plan.

Resolution No. 2-2000: A Resolution on the Authority of the Treasurer

Sharon informed the Board that Resolution No. 2-2000 regarding the authority of the Treasurer is basically a housekeeping measure. Shoback stated that in order to switch the Town's banking to Norwest, the bank requires a Resolution stating the Treasurer's authority to engage in certain finances of the Town. Trustee Bailey moved to approve Resolution 2-2000; seconded by Trustee DeLaney; motion carried unanimously.

CONSENT ITEMS

Trustee Bailey stated that there should be a correction in the Minutes of the January 10, 2000 Regular meeting of the Board of Trustees; on page 5 of 6 regarding the amortization schedule, the Minutes should state "will set up an amortization schedule" rather than "set up an amortization schedule." Trustee Bailey moved to approve Consent Items A and B which include the Minutes of the January 10, 2000 Regular Meeting of the Board of Trustees (with the noted change) and expenditures in the amount of $58,920.34; seconded by Trustee DeLaney; motion carried unanimously.

DISCUSSION

Monument Lake Preservation Committee Report – Betty Konarski

Betty Konarski, Chair of the Monument Lake Preservation Committee informed the Board that at the January 20, 2000 meeting with the El Paso County Commissioners, the Commissioners unanimously agreed to allow Monument to draft legislation for Monument Lake Dam ownership (as an Authority or full ownership by Monument) and agreed to work with Monument on a plan to repair the dam. Konarski requested direction from the Board as to how to direct State Representative Joel Hefley's office to draft the legislation regarding the dam. Town Attorney James Folkestad informed the Board that the Town's Water Attorney, Bob Krassa recommends that the Town not accept ownership of the dam due to high legal liability in the event of dam failure. Folkestad also stated that it would be easier to create an Authority for the dam first and then decide to have sole ownership later. A lengthy discussion followed, including costs of repairing the dam, whether or not insurance would cover dam failure and whether the Town would receive water storage rights along with the dam. Trustee Tenney moved to have the Committee and legal counsel advise the legislating office to draft legislation indicating that the Town is the recipient of the Monument Lake Dam and water storage rights contingent upon a financial settlement concerning the dam satisfactory to the Town of Monument; seconded by Trustee Bailey; motion carried unanimously.

Budget Report – Town Treasurer

Shoback outlined for the Board the Income Statement for December, 1999 for the General Fund, Water Fund and Cemetery Fund (both revenues and expenses), and stated that for December, 1999 the Town operated at a deficit. He discussed the cash flow for November and December, 1999, the budget expenditures year-to-date (ytd) for Fiscal Year 1999 (FY99) for the three funds, capital investments and budget revenues ytd FY99 for these funds. Trustee Tenney stated that the format of the budget report presented by Shoback is the way he has wanted to see it. Trustee Bailey voiced his opinion that the Town should work towards becoming debt-free. Trustee Bailey moved to approve the fact that the budget report as presented by the Treasurer is an adequate report and will suffice monthly; seconded by Trustee Schutz; motion carried unanimously.

Folkestad informed the Board that the last clause of the motion regarding the drafting of legislation regarding the Monument Lake Dam will probably not work. Instead of reading "…a financial settlement concerning the dam satisfactory to the Town of Monument", it should read as "…a financial settlement concerning the dam satisfactory to all parties involved." Trustee Tenney so amended his motion; seconded by Trustee Bailey; motion carried unanimously.

Request from the City of Louisville, CO Regarding Support for Senate Bills SB00-099 and SB00-100

Sharon informed the Board that the City Administrator for the City of Louisville, CO has requested the Town to review and officially support the proposed Senate Bills SB00-099 and SB00-100 concerning the authority of statutory towns and cities to impose a lodging tax and to collect their own sales taxes. Folkestad stated that these two Senate bills look okay. Trustee Bailey moved to support the City of Louisville in this legislation; seconded by Trustee DeLaney; motion carried unanimously.

OLD BUSINESS

Report on Authority of Mayor – Town Attorney

Folkestad informed the Board that although Robert's Rules of Order does not specifically grant the Mayor authority to create a seating chart, it does give the Mayor the duty to maintain decorum (so this power may be an implied rather than an express power.) Thus it could be fairly determined that the Mayor has the power to create a seating chart. Trustee Smith quoted from the new Robert's Rules of Order that "each member of the Board has equal rights and obligations" and she recommended that "we should all follow decorum." Mayor Sibell requested that members conduct themselves in an orderly manner.

Home Rule Status Report – Town Attorney

Folkestad informed the Board that Ordinance No. 1-2000 sets in process the motion to put the Home Rule question on the ballot for the April election. He stated that it appears that statutes do not forbid Council members to serve on the Home Rule Charter Commission. Folkestad outlined some of the deadlines for the Charter election, and stated that the Town could be Home Rule as early as October 3, 2000. Trustee Bailey moved to read by title only Ordinance 1-2000; seconded by Trustee Schutz; motion carried unanimously. Trustee Bailey moved to approve Ordinance No. 1-2000; seconded by Trustee DeLaney; motion carried unanimously.

Trustee Tenney moved to go into Executive Session to discuss personnel and legal issues; seconded by Trustee Smith; motion carried unanimously.

There being no further business, at 9:25 p.m. Trustee Schutz moved to adjourn the meeting of the Board of Trustees; seconded by Trustee Bailey; motion carried unanimously.

Respectfully submitted,

Audrey Auer

Town Clerk

*In depth detail of the Board of Trustees meeting available on cassettes for a period of time as required by state law.