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Town Minutes from 4/20/2023

Minutes from a Town meeting on 4/20/2023.


APRIL 20, 2023

In attendance: Noah Bozell, Chad Blake, Jason Kleinbub, Brian Robertson, Lindsay Washmuth, Paula Lee and Town Attorney Evan McMullen.

7pm meeting called to order.

Bozell entertained a motion to amend agenda to move up the swearing in of Officer Diaz and to add the introduction of the Cumulative Capital Development Fund. 

Motion made by Robertson 2nd by Kleinbub and all were in favor.

Floor was opened to Public Comment, Chad Kemerly 3115 Oakmont Drive spoke representing the Lapel Middle School and their community service project.  Kemerly has 7th grade students who have volunteered to clean up the cemetery and 8th grade students that have volunteered to clean up resident’s yards within town.  Kemerly asked if the town had anything the students could help with such as cleaning up in the parks.  Kemerly thanked the Council for past donations of grants from the town that have helped with middle school projects.

At this time Councilman Chad Blake and Chief Naselroad swore in Officer Diaz as the newest member of the Lapel Police Department.

McMullen introduced the Cumulative Capital Development Fund Ordinance this allows an additional 5% of every $100 that is taxed into the budget.  Increases yearly for 3 years before it hits its maximum.  Money collected by the state that we have to apply for as another source of revenue.

Motion to move forward with Public Hearings and documentation required for CCD Fund made by Washmuth, 2nd by Kleinbub and all were in favor. 

Shelly Sears from the Lapel Community Association spoke to the Council regarding the Christmas lights.  LCA has put up and taken down the lights for a number of years due to the age of the LCA members Sears was asking for help from the utility crew with the installation of the lights.  Most other communities buy and maintain the Christmas lighting or lease the lights from a company that handles installing and taking down.  LCA has offered to help the town fund new lights should they choose to purchase.  Council will discuss this matter and have on the agenda for the May meeting.

Herschel Hinkle of the LCA asked permission to purchase 75 new American flags for the light poles thru the town.

Motion to approve the purchase of 75 flags from the Cascadden Fund not to exceed $1200.00 made by Kleinbub, 2nd by Washmuth and all were in favor. 

Hinkle also asked for help from the utility department with the upcoming Village Fair in July 7th & 8th as well as permission to vacate/close Caplinger for the hook up of a water source for vendors. 

Motion to approve the closure of Caplinger during the Village Fair made by Blake, 2nd by Kleinbub and all were in favor.

7:25pm Bozell suspended the regular meeting and opened a Public Hearing for Resolution 8-2023 an Additional Appropriation from the ARPA fund.  $5135.04 to be used for KK Gerhart Fritz’s planning consulting invoice and $862.50 to be used for Kimley Horn invoice for the 2022 Street Repair Project. 

Brief discussion was held, being no questions from the Council or the public the hearing was closed at 7:26pm. 

Motion to approve Resolution 8-2023 an Additional Appropriation from ARPA in the amount of $5997.54 made by Kleinbub, 2nd by Blake and all were in favor.

Planning Commission requested Kimley Horn review the Lapel Industrial Park plans, Council held discussion on the request.  Cost to be recovered from developer at a rate of $1.05 for every dollar spent on engineering services to review plans.

Motion to approve Kimley Horn to review the Lapel Industrial Park plans at a fee not to exceed $5000.00 made by Washmuth, 2nd by Blake and all were in favor.

Motion to approve March minutes made by Blake, 2nd by Robertson and all were in favor.

Motion to approve claims as presented made by Robertson, 2nd by Blake voting yes, Bozell, Robertson and Washmuth, abstained Kleinbub and Blake.

Rob Bellucci from Commonwealth Engineering presented Pay App #10 from Atlas and gave an update on the water project and presented change orders for Atlas.

Motion to approve Change Order #2 for an extension of time to add 163 days to contract for a completion date of July 1, 2023 made by Kleinbub, 2nd by Blake and all were in favor.

Motion to approve Change Order #3 a monetary change order adding $111,294.08 to the contract bringing the new contract amount to $2,367,993.08 made by Kleinbub, 2nd by Robertson and all were in favor. Contingency funds are sufficient to cover the cost of the change order.

Motion to approve Pay App #10 for Atlas Excavating in the amount of $76959.28 made by Blake, 2nd by Bozell and all were in favor.

Job Descriptions for Utility Supervisor and Town Manager were discussed by Council.  Blake presented the Council with a Job Description for Utility Department Team Lead which would be additional responsibilities in addition to their primary job functions.  This position is not to replace the Utility Supervisor.  Salary Ordinance would need to be amended to create the position and insert pay rate into Exhibits.  McMullen to work on wording while Council discuss other agenda items, Council to circle back to this topic.

Waste Management’s trash contract is up as of July 2023, Councilman Kleinbub spoke to Waste Management and does not wish to renew the contract with a 3% increase.  After a brief discussion trash contract will be put out for bid. 

Police Update: Still waiting on push bumper from American Eagle and some lighting.  Naselroad asked if the 5K run will be taking place during Village Fair, LCA to get and update and report back. 

Motion to approve Lapel Police Department Body Cam Policy made by Washmuth, 2nd by Blake and all were in favor.

Park Update: Brookside Restoration Project is ready to being US Department of Fish & Wildlife will be making a visit to Brookside Park to walk the area and help map out the project. Cleared to start chemical burn at Brookside Park but waiting on utility crew for help. 

Planning Update: KK Gerhart-Fritz terminated her contract as consultant for the Planning Commission.  Bozell presented proposal from MS Consultants to fill the spot as Planning Consultant. 

Motion made by Blake, pending contract that Council hire MS Consultants at a rate not to exceed $120 per hour as Planning Consultants, 2nd by Kleinbub, voting yes, Blake, Kleinbub, Robertson and Bozell, voting no Washmuth.

Planning Commission had Public Hearings on the Lapel Thoroughfare Plan and the Lapel Parks Master Plan, both of those were adopted and sent to Council with a favorable recommendation. Public Hearing was also held on Lapel Industrial Park Primary Plat which passed and passed a rezone for Weihe Construction.  Executive Session to be held on Innovative Planning’s invoice.

Motion to approve rezone of Weihe Construction made by Bozell, 2nd by Blake and all were in favor.   

Motion to approve Lapel Industrial Park Primary Plat made by Bozell, 2nd by Washmuth and all were in favor.

Utility Update: Hutchison asked for permission to take the Colorado and the old chipper to Smock Auction, Bozell approved.  Mid Co Diving will be submitting a proposal for the cleaning and inspection of the water tower.  Proposal to be at June meeting.

Call Center was discussed, all calls are not being forwarded to person on call after hours, may have to investigate alternative company/way to get calls to correct person.

Installation of new sewer services-going to need inspector as new homes are being built in Tuscany Lee to speak with Dennis Nail regarding inspection and or inspection classes.

Utility Team Lead Position-Council to have Special Meeting Wednesday April 26, 2023 6pm at Town Hall for discussion and amendment of Salary Ordinance to incorporate new Utility Team Lead position and pay rate.

Town Manager position was discussed Ordinance was passed at April meeting creating the position no salary has been set for Town Manager.  Blake had issue with items #2 Establishes and enforces rules, regulations, and standard operating procedures (SOPs) for the Water Department, the Wastewater Department and the Natural Gas Department.  Blake felt it should state “works with utilities to establish”. Under #5 they (Town Manager) suspend, discharge, remove or transfer Town employees if necessary for the welfare of the Town, Blake stated the Town Manager can’t have the power to discharge without the approval of the Town Council.  Robertson also took issue with #5 Kleinbub disagreed stating proper documentation is all that’s required.  Also Town Manager is not to be involved in discipline of the Police Department or the Clerk/Treasurer’s office. Item #5 to be amended to stipulate that Town Manger will speak with Town Council President or Liaison regarding termination of employee. 

On Item #14 change to Department Heads instead of Clerk/Treasurer.  On item #22 is a repeat of item #5 specify they cannot appoint or remove Police Chief or anyone in Clerk/Treasurer office.  Kleinbub asked to remove item #22. 

In Supervisor responsibility section they would supervise all offices except Clerk/Treasurer.

Skills & abilities will also be revised from item 4 to item 12.  Physical demands will also be reviewed. 

Naselroad spoke up and said he would speak with Blake offline to discuss hiring and how much authority the Town Manager would have regarding his department. 

Salary was discussed for this position Blake stated AIM has done a study and HR has scored the positions based on what is in ordinance. Budget will need reviewed. 

Being no further business to discuss Motion to adjourn made by Bozell, 2nd by Blake and all were in favor.