TC Minutes 03-13-1979MINUTES OF THE REGULAR MEETING
OF THE TOWN COUNCIL MEMBERS
OF THE TOWN OF AVON
HELD MARCH 13, 1979
7:30 P.M.
The regular meeting of the Town Council Members of the Town of Avon, Colorado
was held in the Town Office, second floor, Benchmark Center, Avon, Colorado.
The Meeting was called to order at 7:30 p.m. by Mayor Angelo Alpi. Council
Members in attendance were Allen Nottingham, Bill Doyle, Steve Erickson, Al Alpi,
Carol Richards, and Jim Wells. Richard Allen was absent. John Blish, Town
Attorney; Ken Richards, Building Department Administrator; Ken Sortland, Police
Chief; Hugh Price, Design Review Chairman; and Ronald,McKenzie, Accountant,
were also present as well as various members of the Press and the Public in
the audience.
The minutes of the meetings of February 27 and March 1 were presented to the Council.
Amendments to the minutes were requested to be made. These were on Page 3 of the
February 27 minutes changing "acception" to "accepting", on Page 4 of the February
27 minutes changing "finings" to "findings" and the March 1 minutes to record the
presence of Jim Wells at the Meeting. Steve Erickson moved that the Minutes of
February 27 and March 1 be approved as amended, seconded by Bill Doyle and
unanimously carried.
Ronald McKenzie then presented the Financial Reports covering the months of
January and February, 1979. A copy of this report is attached to these minutes.
Discussion was held regarding re-aligning the budget to match the bookkeeping
ledgers and to supplement the budget to more accurately reflect the financial
business of the Town, instituting appropriations for the Building Department,
Design Review Board, etc. It was the consensus of the Council that a work
session should be set up in the immediate future to accomplish this project.
Jim Wells moved that the financial reports be accepted as presented, seconded
by Allen Nottingham and unanimously carried.
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A list of Accounts Payable was presented to the Town Council for approval. This
list is attached to these minutes. After reviewing the Accounts, Jim Wells
moved that the Council authorize payment of the accounts as listed, seconded by
Steve Erickson and unanimously carried.
Rita Kahn, Marketing Representative from Western Federal Savings and Loan
Association, presented a report regarding Police and Fireman's Pension Plans
and notified the Town of State Funds which were available to Municipalities to
help with the pensions. She had been meeting with the Legislators of the State
of Colorado and had an up-to-date report on pensions through the state as well
as other available pensions. She would be willing to work with our town in
setting up the pension plans for our employees and specifically the police
department. She also presented Western Federal Savings and Loan Association's
programs for Savings accounts for Municipal Funds which pays higher interest
rates than for normal accounts. The Option Account with Western Federal also
provides a telephone transfer privilege to transfer monies from the savings
to our checking account if needed and with no penalties on interest payments to
that account. The main restriction was that of only 12 deposits and 12 withdrawals
per year on the account. After considerable discussion, Jim Wells moved that
"the Town open a regular savings account to receive excess funds not needed for
operation of the Town. The balance in this account would go into the Option
Account every thirty days". Steve Erickson seconded this motion. The motion
was carried unanimously.
Hugh Price, Design Review Board Chairman, reported that the Design Review Board
was very busy with reviewing plans for buidings to be constructed during the coming
year. He also presented the Council with the Rules and Regulations adopted by
the Design Review Board along with the Schedule of Fees, Application Blank and
Check List for approval by the Town Council. After discussion relating to the
different items in the Rules and Regulations, the Town Attorney was asked what
procedure was needed to adopt the Rules and Regulations. Since Ordinance No. 9
establishing the Design Review Board set forth the requirement of the Design
Review Board to present their Rules and Regulations to the Town Council for
approval, no additional hearing or posting is necessary. One item of concern
in the Rules and Regulations was the Section 5.10 which referred building
designs back to the Benchmark Architectural Control Board Rules and Regulations.
The Town Council felt that the Town Design Review Board should establish its own
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design criteria and not expect property owners or architects to sift through
several documents to establish the design requirements. It was pointed out,
however, that the other items in the Rules and Regulations were important to
the Design Review Process and that Section 5.10 could be revised. Carol
Richards moved that "The Town Council approve the Procedures, Rules and
Regulations as they stand with the exception of Section 5.10 which should be
referred back to the Design Review Board for revision spelling out design
requirements of the Town of Avon, and that the Procedures, Rules and Regulations
become effective immediately with the exception of the mentioned Section 5.10."
The motion was seconded by Jim Wells. A roll call vote was taken with all
Council members voting yes.
Carol Richards reported that the only item from the Northwest Colorado Council
of Governments for review is an A-95 request for review on financing of the
Mental Health Program for Region XII. This request is for funding from State
and Federal Levels to support several mental health programs in the six county
area including the Sopris Mental Health Clinic which serves the Eagle and Avon
area. Steve Erickson moved that the A-95 Review be returned to the Northwest
Colorado Council of Governments with a favorable comment on the funding of the
Mental Health Program. Seconded by Allen Nottingham and unanimously carried.
The Second Reading of Ordinance No. 79-3 "An Ordinance Annexing to the Town of
Avon a Parcel of Property Located in Section 35, T 4 S, R 82 W of the 6th P.M.,
by Benchmark At Beaver Creek, A Colorado Limited Partnership: And Setting Forth
Findings and Conclusions and Other Details in Relation Thereto" was held. There
being no objections from either the Council or the Public, Steve Erickson moved
"That Ordinance No. 79-3 Annexing approximately 74 acres to the Town of Avon be
approved and further that the Acting Town Clerk be requested to post the Ordinance
as required on Wednesday, March 14 to enable the Ordinance to become effective
on Wednesday, March 21". The motion was seconded by Bill Doyle. A Roll Call vote
was taken with Bill Doyle, Steve Erickson and Carol Richards voting yes and Allan
Nottingham and Jim Wells abstaining. Since a majority of the Council Members
voting on the issue was in favor, the motion passed.
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Ordinance No. 79-4 "An Ordinance Establishing a Police Department for the Town of
Avon; Defining the Duties and Responsibilities of the Police Department and Its
Personnel, Including the Duties, Functions and Responsibilities of the Chief of the
Department; Providing for an Oath of Office of the Members of the Police Department,
and Setting Forth Various Other Provisions Related Thereto" was introduced by the
Town Attorney, John Blish. The Ordinance is required by the Town Charter to
establish the Police Department. Jim Wells moved the Ordinance be adopted for
first reading, seconded by Allan Nottingham. After a roll call vote, the Ordinance
was adopted on first reading by unanimous vote, a copy of which is hereby attached.
Kenneth N. Sortland was then introduced as our newly hired Police Chief with duties
to commence immediately. His first duties,would be to organize the department
which would take some time before he would be available as an acting policeman.
Mayor Alpi then administered the Oath of Office to Mr. Sortland as our Police
Chief.
Clinton Watkins was introduced as our newly appointed Municipal Judge and was
administered the Oath of Office by Mayor Alpi. It was announced that an Deputy
Municipal Judge had also been appointed. He is Buck Allen who is now serving
as Municipal Judge for the Town of Vail- Mr. Watkins stated he would be
contacting Mr. Allen and the two of them would take steps to organize the
municipal court as soon as possible.
Due to the resignation of Council Member Richard Allen last month, the Council
interviewed three candidates for the vacant council seat. These people were:
Richard Casserley, Hugh Price and Jerry Davis. After a secret ballot by the
remaining Council Members, Richard Casserley was elected to fill the term of
office of Richard Allen. Mayor Alpi then administered the Oath of Office to
Mr. Casserley, who immediately took his seat at the Council table.
Also due to the resignation of Council Member Richard Allen last month, the office
of Mayor Pro-Tem was now vacant. After a secret ballot by the Town Council members,
Carol Richards was elected as Mayor Pro-Tem.
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A request from the County of Eagle Planning Department for a comment regarding
a requested zone change to a piece of property outside the Town Limits of Avon
was discussed. Since the property is directly adjacent to other Multiple Family
Areas in the Eagle Valley Area, the Council could see no reason for denying the
requested change. Jim Wells moved to instruct the Town Clerk to send a letter to
Eagle County recommending the Zoning change be approved, seconded by Bill Doyle
and unanimously carried.
Resolution No. 79-1 which was prepared at the request of Council at the last
Meeting was presented. This Resolution commends Leslie James Allen for her
work for the Town of Avon as Town Clerk and wishing her well in the future.
Carol Richards moved the Resolution be adopted, seconded by Dick Casserley and
unanimously approved.
The Mayor read a letter from Ronald Allred in which he returned the check which
was sent to him for participation on the Design Review Board. The Town Clerk
will send him a thank you for return of the check and expressing the Councils
regrets that he will no longer be available on the Board.
The Town Attorney reported that the Colorado Revised Statutes and Pocket addendums
has arrived and were in the Town Attorney and Police Department offices for anyone
who was interested in looking at them, A Random House Unabridged Dictionary was
also in the Town Clerk's office for reference. He had received some inquiries
regarding the Real Estate Transfer Tax which he had answered and he would be
attending the Colorado Municipal League meeting on Friday.
Discussion was held regarding the purchase or lease of a new IBM typewriter. The
possible use of a memory type typewriter was discussed and the Town Clerk was
authorized to order the Memory IBM typewriter on a monthly lease to establish
whether or not that is what is needed. A Postage Meter from Pitney Bowes was
also discussed and authorized. The need for re-working our budget for capital
expenditures was again brought up and emphasized.
There being no further business, Steve Erickson moved the Meeting be Adjourned,
seconded by Allan Nottingham and adjourned by the Mayor at 10:25 P.M.
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MINTUES APPROVED:
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Minutes submitted by:
Carol S. Richards, Acting Town Clerk
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ORDINANCE NO. m--z'
SERIES OF 1979
AN ORDINANCE ESTABLISHING A POLICE DEPARTMENT FOR THE TOWN OF
AVON; DEFINING THE DUTIES AND RESPONSIBILITIES OF THE POLICE
DEPARTMENT AND ITS PERSONNEL, INCLUDING THE DUTIES, FUNCTIONS
AND RESPONSIBILITIES OF THE CHIEF OF THE DEPARTMENT; PROVIDING
FOR AN OATH OF OFFICE OF THE MEMBERS OF THE POLICE DEPARTMENT,
AND SETTING FORTH VARIOUS OTHER PROVISIONS RELATED THERETO.
WHEREAS, the preservation of the public peace, order,
safety and dignity within the Town of Avon is both a major
priority and constitutional mandate of the Town Council of
the Town of Avon, and
WHEREAS, the Mayor of the Town of Avon, as chief exec-
utive and administrative officer of the Town of Avon has pre-
viously recommended and hereby further recommends the establish-
ment of a Police Department for the Town of Avon, and
WHEREAS, the Town Council of the Town of Avon has deter-
mined and hereby declares that the Town is in need of the ser-
vices to be provided by the Police Department of the Town of
Avon and that such need is likely to continue to exist into
the future,
NOW, THEREFORE, be it ordained by the Town Council of
the Town of Avon, Colorado, that:
Section 1. Establishment of Department. There is hereby
created and established a Police Department of the Town of Avon,
Colorado. The Department shall consist of the Chief of Police,
who shall be the supervisor and head of the Department, and such
other personnel as the Town Council may authorize by resolution
or ordinance. The Police Department is specifically established
pursuant to the provisions of the Town Charter for the Town of
Avon, Colorado, and the relevant provisions thereof, including
Section 8.8.
Section 2. Duties of the Police Department. The Police
Department collectively and the individual sworn officers,
including the Chief of Police, who are the personnel thereof
are hereby authorized and instructed:
a. .moo enforce the laws and ordinances of the Town of
Avon and the State of Colorado, employing their powers as
"Peace officers" as defined in Colorado Revised Statutes,
1973, 18-1-901(3)(1), as amended, and the powers and duties
granted by the Constitution of the United States of America,
the Constitution of the State of Colorado and this Ordinance.
b. ~ o maintain the public peace, order, safety and
dignity within the Town of Avon, Colorado.
a
c. to perform such other acts, functions and duties
as may be authorized by the Town Council, the Mayor or the
Town Manager pursuant to the Charter for the Town of Avon,
Colorado.
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Section 3. Duties of the Chief of Police. The following
acts shall be performed as necessary by the Chief of Police and
by others designated by him, subject and pursuant to the approval
of the Town Council, which approval may be granted in the form
of a resolution t ordinance by the Town Council:
a. Purchase and sell, lease, rent and otherwise acquire
certain items and pieces of equipment for which a need exists.
b. Hire and terminate certain employees and recommend to
the Town Council the salary and other compensation to be paid to
employees of the Police Department.
C. Pursuant to the provisions of Section 16.2 of the Town
Charter for the Town of Avon, Colorado, if applicable, negotiate
with others regarding the provision of certain services to the
Town of Avon and to its Police Department.
d. Conduct certain studies and investigations, the purpose
of which is to provide information and recommendations to
administrative departments and the Town Council of the Town of
Avon.
e. Author and draft such additional rules, regulations and
procedures as may be required for the proper operation of the
Police Department.
Section 4. Personnel Merit System. At such time as the
Personnel Merit System is created and enacted and the Personnel
Merit Commission is established by the Town Council, the Police
Department shall be subject to such Personnel Merit System and
the provisions thereof, pursuant to the provisions of Chapter
IX of the Town Charter for the Town of Avon, Colorado.
Section 5. Oath of Office. Every police officer of the
Town of Avon, before entering upon the duties of his office,
shall take an oath or affirmation of office, that he will sup-
port the Constitution and the laws of the United States and of
the State of Colorado, and the Charter and the ordinances for
the Town of Avon, and that he will faithfully perform the duties
of the office which he is about to enter.
Section 6. Saving Clause. It any part, section, sub-
section, sentence, clause or phrase of this ordinance or any
additional procedures, rules or regulations adopted hereunder
are for any reason held to be invalid, such decision shall not
affect the validity of the remaining sections of this Ordinance
or any additional procedures, rules or regulations adopted
hereunder; the Town Council hereby declares that it would have
passed this Ordinance and adopted those procedures, rules and
regulations hereunder in each part, section, subsection, sentence,
clause and phrase thereof, irrespective of the fact that any
one or more parts, sections, subsections, sentences, clauses
or phrases or any procedures, rules or regulations adopted
hereunder be declared to be invalid.
Section 7. Safety Clause. The Town Council hereby
finds, determines and declares that this ordinance is necessary
for the preservation of the public health, peace, welfare and
safety.
INTRODUCED, READ, APPROVED AND ORDERED PUBLISHED THIS
DAY OF , 1979.
TOWN OF AVON
By.
Angelo V. Alpi, Mayor
ATTEST:
Carol Richards,
Acting Town Clerk
INTRODUCED, READ ADOPTED AND ORDERED PUBLISHED THIS
DAY OF , 1979.
TOWN OF AVON
By:
Angelo V. Alpi, Mayor
ATTEST:
Carol Richards
Acting Town Clerk