Timnath council moves into executive session to discuss litigation and land acquisition

Mayor Robert Axmacker presided over a June 9 special session of the Timnath Town Council in which the council voted to recess into executive session to receive legal advice and to discuss potential land transactions.

Council members present were Mayor Robert Axmacker, Mayor Pro Tim Luke Wagner, Council member Jeremy Holt, Council member Bill Jenkins and council member Dennis Dakota. A staff member identified as Hoff conducted the roll call.

The council cited Colorado’s open-meeting statutes as the basis for closed deliberations, indicating the first executive-session topic was "conferences with an attorney for the town" to receive legal advice and to develop negotiation strategy related to litigation involving Timnath Trail LLC and the Town of Timnath. The second topic identified for closed session was discussion of the purchase or acquisition of land for future ball and sports fields and the possible sale of unused town-owned properties.

A member moved to enter executive session and another member seconded; the motion language invoked statutory authority for attorney conferences and for discussions concerning acquisition or sale of property. The council approved the motion by voice; with five members present the presiding official announced the body would move to executive session. The public record in the open meeting did not identify which council members made the motion and second.

No substantive, public deliberations on the litigation or the potential land transactions occurred in the open meeting. The council recessed into executive session for those matters; no vote on the underlying litigation or property transactions was recorded in open session.