May 21, 2009

The regularly scheduled meeting of the Board of Trustees of the Town of La Jara was called to order by Mayor Austin Valdez at 7:03 pm. The roll was called. Present: Paula Medina, Patrick Montoya, Tiffanie Polkowske, Larry Zaragoza and Mayor Austin Valdez. Absent: Earl Haslett, and Henry Schimpf. Also present: Maintenance Supervisor Keith Martinez, Chief of Police Richard Pena, Town Clerk Priscilla Schimpf, Building Inspector Joseph Trottner, Town Attorney Ray Valdez and Town Manager Bill Yohey. Guests: Kendra Baroz, Erica Martinez, Leroy Polkowske, Dan Martinez, Craig Cotton & Dwight Martin-Division of Water Resources and Larry Sisneros. Those present recited the Pledge of Allegiance.

A motion to go into executive session to discuss pending litigation with Pete Cordova was made by Paula and a second by Patrick. Motion Carried. The Board adjourned to the executive session at 7:08 pm.

At 7:25 pm the meeting was reconvened by Mayor Austin Valdez. No action was taken.

Guests:
Annette Chavez – La Jara Youth Baseball. She couldn’t make it to the meeting tonight but sent a letter and asked Patrick to request the donation for her program. A motion was made by Patrick and seconded by Larry that the donation as budgeted in the amount of $400 be paid. Motion Carried.

Kendra Baroz – She was here asking for permission to open a Tanning and Nail Salon in her home. She mentioned that she is licensed and would advise all clients of the pros and cons of tanning. The address at which she would locate at is 106 Polk Ave. She also asked her neighbors how they felt about her opening this type of business and got signatures. Ray suggested for her to go through a Special Review Uses application which is a $25 fee and may have to have a hearing upon the Planning Commission Board. It takes about 1 month to process. Ms. Baroz left at 8:15 pm.

Erica Martinez – She was also her to ask the Board’s permission to open up a Snow Cone Stand at her home located at 27 Haven Lane. It was stated that if done at her home they would also have to go through a Special Review Uses application. It was stated that if the unit was going to be mobile though and done on Main St. they would only have to purchase a business license. Keith mentioned that there are some people that do business out of their homes and didn’t have to go through this process and was wondering how this is controlled. It was said that the Town Board is not aware of these businesses. A motion to waive the $25 fee for the Special Review Uses was made by Patrick and seconded by Tiffanie. Motion Carried. Ms. Martinez left at 7:43 pm.

Craig Cotton – Division Engineer of the Water Resources. He is here to inform the Board of the new rules and regulations for ground water. He also was here to give options that are available for the town. Dwight Martin also from the Division of Water Resources explained what his role is and invited the town to contract in his sub-district. Contracting with Dwight’s sub-district would benefit the town by not having to augment the wells. Augmenting the water would be very complicated and costly. Ray explained that our wells were at one time exempt because they are domestic. Craig stated that now anything that pumps 50 gallons per second is exempt but anything beyond is not. They do take into account that our sewer system is a return for our water. Craig stated that Alamosa feels the same but although they do have surface rights. It will be a long process but will eventually happen. This is something for everyone to think about. Ray asked Dwight if they have approached Capulin – he stated they have not. Mr. Cotton and Mr. Martin left at 8:10 pm.

Dan Martinez – He was here to discuss Glory Days. He wants to expand it this year. He has been in contact with a carnival out of Arizona. They will setup on July 31st and run August 1st & 2nd. They are looking at putting it at the Family Dollar parking lot or at the Catholic Church. Austin stated to make sure they have insurance. It was also mentioned that they will need more security for the carnival. They suggested for Dan to check with the volunteer security that works for the Pioneer Days. The board agreed to have a carnival. Mr. Martinez left at 8:20 pm.

Leroy Polkowske – He was wondering what the issue and status with Cooley is. He stated that he feels it needs to be speeded up because it is hurting everyone not just the town. Mr. Polkowske left at 8:26 pm.

Reports:

Town Manager: Bill informed the Board that the Planning Grant letter to DOLA for the Sewer Lagoons has been okayed by Deb Downs. Also let them know that the Town Hall roofing is just about done. Van Iwarrden is doing a great job. Bill stated that the Senior Center is having problems with the gas, they have gas smells. Bill has been checking on it. Tiffanie asked if there has been any word on the GOCO Grant and Bill stated that we have not heard anything as of yet. Bill also met with Estella Cole about the Historical Planning Grant and it is on the go – they will let us know more in two more weeks. The report was accepted upon a motion by Paula and a second by Patrick. Motion Carried.

Building Inspector: He reviewed his written report with the Board. Ray asked Joseph if he includes a notice to the owner/applicant stating that the contractor, material man, suppliers and laborers under the law have the right to impress on the property a mechanic’s lien in the event they don’t get paid. Joe stated that he doesn’t so he will get together with Ray to get going. The report was accepted upon a motion by Tiffanie and a second by Larry. Motion Carried.
Court: The Board reviewed the Municipal Judge report. The report was accepted as presented upon a motion by Larry and a second by Tiffanie. Motion Carried.

Police: Richard let Larry know that his concern with the buses speeding has been addressed. Lots of warnings have been given but will give tickets next time. Larry stated that he has seen a big difference. They discussed the posting and they decided to leave the sign at 15mph up through out the whole year. The police report was accepted upon a motion by Tiffanie and a second by Patrick. Motion Carried.

Maintenance: Keith informed the Board that the manhole behind Ann’s Café is backed up and they can’t get the snake in there it needs to be jetted. He got a quote from Rocky Mountain Septic and the total will be around $500 to $600. It was okayed by the Board to go ahead and get it done. He also mentioned to the Board that there were four refills of the dumpster (roll-off) but Keith does ask for the police in the future to watch what is dumped in there on weekends.
There was a couch and some tires dumped in there. He mentioned that he has run into problems with people tampering with the water meters, they are trying to turn off because of leaks and such. It was suggested to purchase yellow warning tags to put on the meters. Tiffanie stated that her rental on 110 2nd Street’s water was never turned off when she called the Town Hall to notify to turn off. Priscilla stated that she did call Maintenance to turn off the water and Keith stated that he did turn off because he even checked the outside water to make sure it was off. It was suggested to buy a lock for when it gets turned off next time.
Keith also stated that one of the bushes-trees that they planted at the church was cut down and then they replanted another tree. It took along time to plant all those bushes-trees. He also asked the Board’s permission to place the ad in the Valley Courier for the Summer Mosquito Sprayer Driver and they agreed to go ahead and place the ad. Keith will check with Alamosa about spraying two times a day everyday and they don’t recommend doing so because it could be harmful for the public. Keith will get with Priscilla to place the ad in the paper. The maintenance report was accepted upon a motion by Patrick and a second by Paula. Motion Carried.

Trustees:

Paula – Passed around the Graffiti Ordinance from Alamosa. It was asked how the Community Service is coming along. It was stated that there has already been one guy who came to work with Keith and Paul. Keith mentioned that a 17 year old was sent to us but they were uncomfortable with that situation and Priscilla had nothing for her to do at the time. It was suggested to have Beans and Things cover their window so that all the storage items are not visible to the public.

Patrick – Had nothing to report.

Tiffanie – Buhr’s called her to ask if the Shawcroft land becomes annexed will that affect their trucking business. It was discussed.

Larry – Stated that Ray will have to explain the Graffiti Ordinance.

Austin – Had nothing to report.

Attorney: Shannon Hoyt was convicted in Municipal Court for improper backing, she appealed. It is going to trial June 1st. Ray asked if the Board wants him to pursue. It was discussed. A motion to send Officer Lucas Sowards with Ray prepping him to fight it was made by Patrick and seconded by Tiffanie. Motion Carried.
Ray stated that Homeland Security is requiring towns that have utilities to adopt a red flag policy (identity theft). Ray drafted a resolution and Ray explained the resolution contents. Ray advised that the Town Clerk and Assistant read and implement the rules in the resolution. A motion to adopt Resolution No. 2009-4 regarding red flag policy (identity theft) was made by Paula and seconded by Patrick. A roll call vote was taken: Paula-yes, Patrick-yes, Tiffanie-yes, Larry-yes and Austin-yes. Motion Carried.
Ray informed the Board that he has decided not to go the CML Annual Conference, the meeting will not quite fit his needs and thought he would save the town some money.

Clerk: The Board reviewed her written report. It was brought up that the signatures on the Safety Deposit Box at the Community Banks of Colorado need to be changed. A motion to take the existing people Larry Buhr, Janice Coombs and Helen Hutchins off the signature card of the Safety Deposit Box #374 due to no longer being associated with the Town and put Austin Valdez, Henry Schimpf and Priscilla Schimpf on the signature card of the Safety Deposit Box #374 was made by Patrick and seconded by Larry. A roll call vote was taken: Paula-yes, Patrick-yes, Tiffanie-yes, Larry-yes and Austin-yes. Motion Carried.
Paula asked how it was going with finding a cover for Priscilla during her maternity leave. It was stated that not too well. Priscilla posted it at Trinidad State Junior College, Adams State College and Rocky Mtn. SER. We have got one application in and it was passed around for the Board to review. The report was accepted as presented upon a motion by Tiffanie and a second by Paula. Motion Carried.

Approval of Minutes: Regular Meeting April 16, 2009 – Motion to approve minutes with adding in the Shawcroft annexation information was made by Tiffanie, 2nd by Paula. Motion Carried.

Follow-Up of Minutes: None.

Approval of Bills:The bills were approved for payment upon a motion by Patrick and a second by Larry. Motion Carried.

Other Business: The question of why did the Judge refund Billy Gonzales fine/ticket money came up. It was stated that it should have not been done, once paid the person is pleading guilty. Finding another judge was discussed. Ray and Richard will meet with Judge Miller to confront him on these issues once again.
Review Mileage Rate Increase – The Board discussed the issue. We now pay $0.32 which is indicated in the Personal Policies. The standard mileage rate by the IRS is at $0.55. A motion to increase to $0.42 from $0.32 was made by Larry and seconded by Paula. Motion Carried.
Paula asked Keith how the transfer for their retirement plan went from American General to Knights of Columbus. Keith mentioned that they had to pay two months in advance out of their pockets. Priscilla stated that she called Cassandra on the situation and she was not available so she spoke with Steve and he said it shouldn’t be a problem to reimburse them the town’ match portion. He wanted to check with Cassandra on the procedure for doing this though and Priscilla has been playing phone tag with her but as soon as she speaks with her she will get them reimbursed. Keith stated that he does feel more secure now that he switched retirement companies.
Richard stated that there were no prior bids for the 1999 Ford Crown Victoria. It was said to re-advertise with a minimum bid starting at $1,500. There being no further business a motion to adjourn was made by Patrick.

Meeting adjourned at 10:35 pm.

April 16, 2009

The regularly scheduled meeting of the Board of Trustees of the Town of La Jara was called to order by Mayor Pro-Tem Henry Schimpf at 7:03 pm. The roll was called. Present: Paula Medina, Tiffanie Polkowske, Henry Schimpf, and Larry Zaragoza. Absent: Earl Haslett, Patrick Montoya and Mayor Austin Valdez. Also present: Maintenance Assistant Paul Naranjo, Chief of Police Richard Pena, Town Clerk Priscilla Schimpf, Building Inspector Joseph Trottner, Town Attorney Ray Valdez and Town Manager Bill Yohey. Guests: Larry Winget, Conejos County Citizen, Larry Sisneros and Dan Martinez. Those present recited the Pledge of Allegiance.

Guests: No speakers present.

Reports:

Town Manager: Bill mentioned to the Board that Adelmo Medina came by to see him because he was concerned about the trees by the Catholic Church that the Town had planted awhile back. They are dying and would like to see them replaced. Bill stated some prices on different kinds of trees. He asked how the Board would like to handle this situation. The purchase of the trees needs to be done by April 30th to get the discounted price of $50. Bill will contact Ruth at Green Spot to find out what trees would work out best. A motion to purchase trees when Bill finds out the information from Ruth was made by Tiffanie and a second by Larry. A roll call vote was taken: Paula-yes, Tiffanie-yes, Henry-yes, and Larry-yes. Motion Carried.
Bill mentioned that the State Senate is trying to pass a collective bargaining law for the police. If this bill is passed then we will have no say so of what their salary amount will be. Bill will get more information on this and let the Board know of its status.
He informed the Board that Van Iwaarden has started the roofing work here at the Town Hall and they are very cordial about the way they do their work, very happy with them. The Historical Project is going good.
Paula stated that the ground breaking for the Nursing Home went very well. Bill’s speech was great. Tiffanie also attended.
Senator Bennett will be here Sunday, April 19, 2009 at 1:30 to 2:30 at the Senior Citizens Center. The report was accepted upon a motion by Paula and a second by Larry. Motion Carried.

Building Inspector: He reviewed his written report with the Board. The report was accepted upon a motion by Tiffanie and a second by Paula. Motion Carried.

Court: The Board reviewed the Municipal Judge report. The report was accepted as presented upon a motion by Larry and a second by Paula. Motion Carried.

Police: Paula asked about how the investigation for the burglary at the Pharmacy was going. Richard stated because it is ongoing investigation he can’t report on it until next month. He was asked when he usually notifies the DA for an incident like this one. Richard said when a reasonable suspect is in place and all the facts are compiled. Bill and Ray thought that he should have notified the DA (David Mahoney) immediately because of the fact that were involved. Larry Sisneros agreed with Bill and Ray that the DA should have been contacted immediately so that they could help with the investigating. Paula asked if the DA is involved does it make the process faster. Richard stated that it doesn’t.
Larry was concerned with the 15mph speed limit by his house; he asked if it also applies to bus drivers. He stated that there are a few buses that go way past 15mph by there. The police report was accepted upon a motion by Tiffanie and a second by Paula. Motion Carried.
Maintenance: Paul brought up that Summer Help for Mosquito Spraying was in the budget so they are going to be placing an ad in the paper for that position.
He also mentioned that they are looking into buying 4-wheelers to put the tanks for the Round Up (Weed Killer) spray. Paul passed around quotes – they would be paid for out of Conservation Trust. A motion to have Keith and Paul purchase what is necessary and sufficient for their weed spraying, mowing, etc. was made by Paula and a second by Tiffanie. A roll call vote was taken: Paula-yes, Tiffanie-yes, Henry-yes, and Larry-yes. Motion Carried.
Paul also mentioned that they went out and met with Reynolds Engineering to locate the water and sewer availability for the new Nursing Center.
They also went and checked on Jimmy Vigil’s water pressure. They will need to dig and re-tap the meter in order for him to get more pressure. The maintenance report was accepted upon a motion by Tiffanie and a second by Larry. Motion Carried.
Trustees:
Paula – Had nothing to report.
Tiffanie – Had nothing to report.
Henry – Had nothing to report.
Larry – He did follow-up on the Graffiti Clean-Up and it was stated that we need an ordinance before we do this. He will continue to do follow-up.

Attorney: Ray mentioned that he talked to the Land Use Office in regards to renaming the Joe Chavez St. They suggested we do a survey but Ray thinks that we shouldn’t have to because it is already on the plat. We will need to notify all the residence of the street name change and 911 after the resolution is passed. It will be put in the W/S bills. It was thought that a ceremony/ribbon cutting would be nice to be done. It was asked if the Community Service agreement had been done. Priscilla stated that yes and there has already been a La Jara citizen that did community service for Keith and Paul.

Clerk: Priscilla informed the Board that the water and sewer bank accounts are both at low amounts due to paying Pete Cordova over the months. She also mentioned that the Sewer Project Loan payment in the amount of $18,750 and the Water Loan Payment in the amount of $5,000 from the CWRPDA are due May 1, 2009. Priscilla thought we may have to cash in a CD to cover these loan payments. A motion to cash in CD #12264 in the amount of $29,185.28 to cover the loan payments was made by Larry and a second by Tiffanie. A roll call vote was taken: Paula-yes, Tiffanie-yes, Henry-yes, and Larry-yes. Motion Carried. Priscilla stated that if they can extend the payment due date on the loans at CWRPDA then she won’t cash the CD in until the maturity date of 5/15/09. The report was accepted as presented upon a motion by Paula and a second by Larry. Motion Carried.

Approval of Minutes: Regular Meeting March 12, 2009 – Motion by Tiffanie, 2nd by Paula. Motion Carried.

Follow-Up of Minutes: None.

Approval of Bills:The bills were approved for payment upon a motion by Larry and a second by Paula. Motion Carried.

Other Business:
Larry Sisneros was recognized and he asked if the new Police SUV that was ordered was approved by a quorum or full board. The answer was no; Paula, Henry, Tiffanie and Larry knew nothing about it until now that it was mentioned. It was stated that the vehicle ordered is a 2009 Ford Explorer and the purchase price is $27,000. Richard stated that he was told to order it by Austin and Patrick. Ray stated through Colorado Law it is a 7 person board not a 1 or 2 person board. Ray stated that the Board could cancel the order but the dealer could bring up all their lost and could still hold the Town liable to pay for it. Ray spoke with Jeff from CML and he stated that it was definitely an unauthorized purchase even though it was in the budget. He said the budget is merely a guideline. Ray also got a hold of Cassandra (Martinez and Associates) and she stated the same. Larry stated that he is appalled by this especially for such an expensive purchase; all the vehicles they got now are working great and there is no need for another vehicle. Dan Martinez mentioned that he doesn’t want to be involved because he is part of the Police Department but stated there are too close of relations with Board members and Police Force that it is going to cause conflict. A motion to have Richard call first thing in the morning Friday, April 17, 2009 to cancel the order was made by Paula and seconded by Larry. A roll call vote was taken: Paula-yes, Tiffanie-yes, Henry-yes, and Larry-yes. Motion Carried.

DOLA Planning Grant Sewer System – Bill explained the description and process of the grant. This would be used to regulate the lagoons. Deb will give us the grant right off the bat, match of $5,000 but would not have to worry about for awhile. Bill gave the Board a preliminary plan from Cort Nickel. Ray asked about the stimulus package money and asked if we can get any of it. Bill is looking into. A motion for Bill to apply for the DOLA Planning Grant in the amount of $35,000 plus $5,000 match was made by Tiffanie and a second by Paula. A roll call vote was taken: Paula-yes, Tiffanie-yes, Henry-yes, and Larry-yes. Motion Carried.
Historical Planning Grant – Bill had a meeting with Estella Cole from the Historical Society Fund last month. This grant would help with the foundation, plaster, etc. and the whole building would have to re re-evaluated by Belinda Zink. Grant amount is $35,000. Bill also stated that the person who wrote up the grant is asking for a fee of $600. A motion to go ahead with the Historical Planning Grant as proposed by Bill which would include matching funds of $9,948 and $600 needed to pay grant writer was made by Paula and a second by Larry. A roll call vote was taken: Paula-yes, Tiffanie-yes, Henry-yes, and Larry-yes. Motion Carried. Bill mentioned that CIRSA will pay for one person to attend one day at the Annual Meeting (mileage, $64-meals and $268-lodging). The Board told Bill to go ahead and attend. Ray asked for the Board to think about him attending the attorney’s section of the annual meeting.

Paul brought up changing their retirement plan from American General to Knights of Columbus’s retirement plan. Ray will look into further. A motion to approve all eligible members moving their retirement plans from American General to the Knights of Columbus following contingency from CML was made by Paula and a second by Tiffanie. Motion Carried.

Ray stated that Richard brought up the Dog Ordinance of 1975 being all out of whack. When it was amended in 1992 it only involves dog at large. Ray will work on revamping the whole ordinance instead of amending. There being no further business a motion to adjourn was made by Tiffanie and a second by Paula.

Meeting adjourned at 9:18 pm.