The Fleming Town Council met for their regular monthly meeting on Wednesday, Nov. 10 at the Fleming Community Center. The meeting was called to order by Mayor Sue Einspahr at 6:30 p.m. The following council members were present: Stefan Betley, DeeAnn Christopher, Nancy Glaspie, John Stone and Ken MacCrone. Also Present were Mike Fryrear (Niyol Wind), Chris Farmer (Niyol Operations Site Manager), DJ Gleason (Niyol Construction Site Manager), Mark and Connie Walker, Bill Langridge, Tom and Camden Goss, Doyle Nayll, Michelle Asfeld Lewis Frank and Keith Beck.

Approval of the Agenda: Betley asked to add ordinance enforcement authority under Discussion Items. Einspahr asked to add the Library Agreement under Discussion Item. It was moved and second to accept the amended agenda, all voted and the motion passed.

Public Comment: Mark Walker addressed the Council regarding the ordinance warning that he received. Doyle Nail addressed the Council regarding ordinance compliance.

Consent Agenda: A motion was made and seconded to approve the Consent Agenda, all voted and the motion passed.

Treasurer’s Report: Frank provided the Treasurer’s Report. Fund balances are as follows; General $219,749.09, Electric $83,188.11, Water $123,275.09, Sewer $105,546.78, for a NOW Account total of $531,759.07. The Money Market Account balance is $2,547.38 and the Conservation Trust Fund balance is $14,803.31 for a total of $549,109.76 in all accounts. A motion was made and seconded to approve the Treasurer’s Report, all voted and the motion passed.

Clerk’s Report: Asfeld reported that residents are utilizing the online credit card payment option on the town’s website.

DJ Gleason of Niyol Wind addressed the Council regarding access to their new facility on the east side of town. Their request to the State of Colorado for access off Highway 6 is going to take several months. Until the request is approved with the State, and the necessary work completed, Niyol Wind is submitting a non-conforming use permit, requesting traffic to their facility go down south Lincoln to east Hall St and into their facility. Because of the additional traffic on these streets, Niyol would maintain said streets for the duration of their use.

Electric Report: Beck reported on a new State Deptartment of Energy mandate for large users. The mandate is for 50,000 square feet buildings.

Water Report: Chuck Graber with Maguire Iron, was out on Monday, Nov. 8 to assess both water towers.

Marine Diving Solutions was supposed to be out the day of the meeting to clean the south tower. Due to high wind warnings, they did not come but plan to be out next week. They would like to complete their work this year.

Betley reported that he and Beck attended a webinar on the smart read meters. The Town had previously signed a letter of intent to move forward with these meters.

Sewer Report: Beck informed the Council that waste water is being diverted from the third cell to the first and second cells to help prevent the liners from “bubbling” up, due to wind getting underneath the liners.

Streets: Hickey has been hauling gravel to the new street in the Wild Horse addition.

Health and Safety: Beck reported that he had delivered approximately a dozen ordinance warnings. All but a couple have come into compliance. The Council then discussed giving a council member the authority to act as an ordinance violation representative in the absence of a council meeting. Council has given Stone and Beck that authority.

Parks and Recreation: Glaspie reported the movie that was postponed at Fall Festival was shown the end of October at the fire station. It was well attended and seemed enjoyable.

Betley asked about the status of the splash pad. A contractor has picked up the specs and so the Town is waiting to hear back from him.

Tom Goss reported that weather had permitted him to remove and trim the designated trees at North Park. He is planning to work on the trimming/removal project at Heritage Park in early spring. He also advised the Council that they should be looking at planting trees not only in the parks but throughout the town.

Action Items: Beck presented several equipment requests.

A motion was made and second to adopt Resolution #2-2021– Colorado Opioid Settlement, all voted and the motion passed. Betley then moved that those funds then be designate to Logan County. That motion was seconded and passed.

Levi Lowe submitted his resignation from the Council effective Nov. 1. It was moved that Lowe’s resignation be accepted with reluctance and that a vacancy be declared and filled at the December meeting. The motion was seconded and passed. The Council voiced their appreciation for Lowe’s time on the Council and that he will be missed.

Frank presented a revised budget proposal. Following a discussion amongst the council on specific budget issues, it was moved and seconded to approve the 2022 Budget on second reading, all voted and the motion passed.

Following the earlier public hear on the Ordinance #2-2021-Changing N Railway Street to Railway Street, it was moved and seconded to approved the ordinance, all voted and the motion passed.

Insurance quotes from Colorado Intergovernmental Risk Sharing Agency were discussed by the Council. It was moved and seconded to accept the property/liability insurance quotes from CIRSA, all voted and the motion passed.

Discussion Items: It was moved and seconded to authorize the Mayor and the Town Clerk to perform the probationary evaluation for Grace Rossognol, the Town Library Aide and grant Einspahr the authority to increase Rossognol’s wage if she feels it warranted, all voted and the motion passed.

Einspahr reported that the library association had met and updated the agreement between the School, Town and Library Association. The agreement basically remains the same outside of a couple of minor changes. It was moved and seconded to approve the updated library agreement between the three entities, all voted and the motion passed.

The Town Christmas festival was discussed.

Employee/Council recognition to be scheduled for March.

Niyol non-conforming use permit was discussed.

Upcoming Meetings: 2022 Budget Public Hearing, Dec. 8 at 6:15 p.m. Town Council meeting, Dec. 8 at 6:30 p.m. at the Community Center.

Adjournment: A motion was made and seconded to adjourn at 8:52 p.m., all voted and the motion passed.