Loading...
10-06-2015 Deferred Judgment and Sentencing and Restitution Agreement for Gail Reisinger and Bill ReisingerTOWN OF AVON DEFERRED JUDGMENT AND SENTENCING AND RESTITUTION AGREEMENT FOR GAIL REISINGER AND BILL REISINGER This Deferred Judgment and Sentencing and Restitution Agreement ( "Agreement ") is made by and between the Town of Avon, a Colorado Home Rule municipality ( "Town "), and Gail Reisinger and Bill Reisinger ( "Defendants ") on October 6, 2015. WHEREAS, damage has occurred to the West Avon Preserve property ( "Property ") consisting of the clearing of sage brush vegetation, which has been caused by the actions of the Defendants sometime in 2015 as generally described in Exhibit A; and, WHEREAS, the Defendants, individually, admit to each causing such damage to the Property and they desire to repair and restore the damage to the Property. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Defendants admit that Defendants has caused damage to the Property in the general location and as described in Exhibit A. Defendants agree that such damage is a violation of Avon Municipal Code Sec. 9.20.010, and is subject to punishment in accordance with Avon Municipal Code Sec. 9.32.010(a) and Sec. 1.08.010. 2. Defendants agree to restore the Property in accordance with the attached restoration plan ( "Restoration Plan "). The Restoration Plan shall include a personal warranty and guarantee for the restoration work that shall expire on October 15, 2016. 3. Judgment and sentencing shall be deferred until October 15, 2016 subject to the following conditions: a. Defendants perform the restoration work as set forth in the approved Restoration Plan, Defendants perform such water and maintenance as necessary to sustain the establishment of the restoration vegetation, and the restoration work remains established until October 1, 2016; and, b. Defendants have no additional instances of causing damage to Town property; and, e. Defendants pay $25 in court costs. 4. Town agrees that during the period of deferred judgment and sentencing and compliance with the terms and conditions of this Agreement, Town shall not take any action to enter this citation on Defendant's criminal record. Upon completion of the Restoration Plan, expiration of the warranty period on October 1, 2016 and compliance with the other terms and Deferred Judgment Agreement: Avon — Gail Reisinger and Bill Reisinger Page 1 of 3 conditions of this Agreement, Town agrees to waive, dismiss and forever release prosecution of any claim related to damage of the Property as described in Exhibit A. 5. In the event that Defendants fail to perform or violate a term or condition of this Agreement, Defendants agree that Town can and will proceed to move the Court to enter judgment against the Defendants for damage to the Property and violation of the Avon Municipal Code as described in Exhibit A and that this Agreement shall constitute an admission and entry of NO CONTEST by Defendants to the charges stated herein. 6. Defendants waive any and all rights to a speedy trial and agree to waive any defenses based on expiration of deadlines for prosecution. 7. This Agreement shall be subject to approval of the Avon Municipal Court. If not approved, all rights of Town regarding investigation, prosecution and imposition of penalties and interest shall remain in full force and effect and all defenses of Defendants shall remain in full force and effect. Deferred Judgment and Sentencing and Restitution Agreement Understood, Agreed and Executed: DEFENDANTS By: C' 7 Ms. Gail Reis By: Mr. Bill TOWN OF AVON By: Eric J. f&/, own Attorney �O -4'. -IS Date / ©. /./5 Date October 6, 2015 Date Deferred Judgment Agreement: Avon — Gail Reisinger and Bill Reisinger Page 2 of 3 RESTORATION PLAN Defendants, Gail Reisinger and Bill Reisinger, retained Ms. Susan A Emenaker, CCNP, Wildflower Farm, Edwards, Colorado, to develop a "modified restoration plan" for repair of the disturbance area depicted on Exhibit A. Ms. Emenaker's recommended plan is attached as Exhibit B. Defendants reviewed the plan and promptly implemented the restoration of vegetation removal and disturbance as recommended, performing the required restoration plan by October 5, 2015. The restoration included: The planting of a minimum of twenty -two (22) shrubs of the following types: 3 Tall Rabbitbrush - Ericameria nauseosus nauseosus speciosa 3 Dwarf Rabbitbrush - Ericameria nauseosus nauseosus nauseosa 2 Apache Plume - Fallugia paradoxa 3 Spanish Broom - Cytisus purgans Spanish Gold 11 Tall Western Sages The plant types are considered to be: • suitable for strong sun exposure, • drought resistant/tolerant (xeric), and shall, and • suitable for elevations above 7,000 ft. Plantings utilized appropriately sized holes and appropriate soil amendments to promote establishment of the vegetation. Defendants shall cause and continue to cause the plantings to be watered as necessary to ensure initial establishment. The Defendants shall: Meet with the Town to inspect the planted shrubs on or about June 1, 2016, to determine viability of not fewer than 20 shrubs, replacing promptly shrubs which may have died up to a total of 20 shrubs. Meet with the Town to inspect the planted shrubs on or about September 15, 2016, to determine viability of not fewer than 20 shrubs, replacing promptly shrubs which may have died up to a total of 20 shrubs. Meet with the Town to inspect the planted shrubs on or about October 1, 2016, when a final determination shall be made that not fewer than 20 shrubs are viable. If a minimum of 20 shrubs are viable, the Defendants shall have no further obligations for restoration at the disturbance area. If fewer than 20 shrubs are deemed viable, the Defendants and Town of Avon shall set forth a continuing plan for restoration. The Defendants understand that the Eagle Valley Land Trust (EVLT) holds a covenant on the West Avon Preserve, which includes the area disturbed, and as such can be expected to be reviewing the Restoration Plan and success of the plantings. Charges to the Town of Avon, if any, from the EVLT for their services, shall be reimbursed by the Defendants in a timely manner based upon invoices provided. Deferred Judgment Agreement: Avon — Gail Reisinger and Bill Reisinger Page 3 of 3 Colorado Alpines EXHIBIT B Wildflower Farm 33601 Highway 6 Edwards, Colorado 81632 970 - 926 -5504 Fax 970 - 926 -5506 info @thewildflowerfarm.com Dear Gail and Bill, As per your request to develop a "modified restoration plan ", I would recommend the following native shrubs to supplement the previous planting of eight tall Western sagebrush in early September. These shrubs meet the following criteria: • They are sustainable • Do well with sun exposure • Drought resistant/drought tolerant plant (xeric). • Elevation - Suitable Above 7000 ft. 3 Tall Rabbitbrush - Ericameria nauseosus speciosa 3 Dwarf Rabbitbrush - Ericameria nauseosus nauseosa 2 Apache Plume - Fallugia paradoxa 3 Curl -leaf Mountain Mahogany — Cercocarpus ledifolius 3 Tall Western Sagebrush — Artemisia tridentata Onsite inspection 10/5/2015 I would like to make the following comments regarding my on -site inspection today of the implemented plantings: 1. In spite of the low success rate of transplanted sage, the eight sage you transplanted in September are currently viable and doing well. 2. The 14 new plantings implemented October 3, 2015 are planted correctly. 3. The 24 total plantings appear to me to exceed the number of sage removed. 4. I could identify current and serviceberry bushes that had been trimmed close to the ground that are generating new green leaves and have a good chance of surviving and thriving. 5. The revegetated trail appears to be an established deer trail and the grass will recover. I appreciate the opportunity to work with Bill and you. Sincerely, s u.s a w susan@thewildflowerfarm.com