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TC Minutes 10-12-1982MINUTES OF THE REGULAR MEETING OF THE TOWN OF AVON COUNCIL HELD OCTOBER 12, 1982 - 7:30 P.M. The regular meeting of the Town Council of the Town of Avon, Colorado was held in the Municipal Building, 400 Benchmark Road, Avon, Colorado in the Council Chambers. At that point the Mayor stated that this was a continuance of the meeting of September 28th, 1982 which was continued to October 5, 1982 for the purpose of taking action, but with no action taken the Council recessed until this meeting of October 12, 1982. The Council reconvened at 7:40 P.M., October 12, 1982 to take appropriate action to adjourn. Let it be noted that the Councilmembers present were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and John Blish. There being no further action Sheila Davis moved to adjourn. The motion was seconded by A.J. Wells. The meeting of September 28th, was adjourned by Mayor Nottingham at 7:43 P.M. The Mayor then called the meeting of the October 12, 1982 to order at 7:45 P.M. A roll call was taken with Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and John Blish present. Also present were Art Abplanalp, Acting Town Attorney, Town Manager Dick Blodgett, Town Planner Dick Kvach, Finance Director Bill James as well as members of the press and public. First item on the agenda was the reading and approval of the minutes of the September 28, 1982 meeting. John Blish moved approval of the minutes with these corrections: page 5, change "project" to "resurfacing", change "They" to "The". With those corrections Al Connell seconded the motion. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and John Blish. There were no nay votes. The motion was unanimously carried. The Financial Matters were next presented to the Council. The Cash Account Balance Sheet was presented for discussion. A.J. Wells moved approval of the Cash Account Balances. The motion was seconded by Larry Kumpost. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and John Blish. There were no nay votes. The motion was unanimously carried. A.J. Wells moved approval of items 2 through 6 of the Financial Matters. The motion was seconded by Greg Gage. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and John Blish. There were no nay votes. The motion was unanimously carried. A.J. Wells moved approval of the Statement of Revenues & Expenditures through September 30, 1982. The motion was seconded by Larry Kumpost. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and John Blish. There were no nay votes. The motion was unanimously carried. The B & B Excavating bill regarding Benchmark Road was discussed. The Town Manager stated that there was a change order of the project. He stated there would be a deduction of $128.00 off of the original amount. The revised total would be in the amount of $28,840.00. A.J. Wells moved approval of the change order #1. The motion was seconded by John Blish. After discussion Councilman Wells amended his motion to reflect that it was change order No.#2. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and John Blish. There were no nay votes. The motion was unanimously carried. 0 0 John Blish moved approval of the billing of B & B Excavating and to authorize payment in the amount of $26,694.00 as per the statement of October 4, 1982. The motion was seconded by A.J. Wells. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and John Blish. There were no nay votes. The motion was unanimously carried. The B & B Excavating, Inc. billing regarding the Tennis Courts was discussed. After discussion Sheila Davis moved approval of the payment of the Tennis Courts in the amount of $16,136.76 under the Capital Projects Fund and $29,968.28 under the Nottingham Park Fund. The motion was seconded by Greg Gage. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and John Blish. There were no nay votes. The motion was unanimously carried. The Hensel Phelps bill regarding the Town Center Mall was next presented to the Council. After discussion A.J. Wells moved approval to authorize payment to Hensel Phelps in the amount of $45,745.00 and the retainage to be in the amount of $19,561.00. The motion was seconded by Larry Kumpost. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and John Blish. There were no nay votes. The motion was unanimously carried. A.J. Wells moved approval of the Accounts Payable to the United Bank of Denver, the interest due-Special Assessment Bonds in the amount of $57,567.50. The motion was seconded by Sheila Davis. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and John Blish. There were no nay votes. The motion was unanimously carried. The General Fund Accounts Payable was next presented to the Council. After discussion John Blish moved approval to authorize the payment of those items listed on the Accounts Payable General Fund. The motion was seconded by Al Connell. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and John Blish. There were no nay votes. The motion was unanimously carried. The Cosgriff, Dunn & French bill was discussed. After discussion John Blish moved approval of the billing of Cosgriff, Dunn & French subject to deleting the items that come under the headings of Wyman and deleting the NIMLO registration. The motion was seconded by Sheila Davis. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and John Blish. There were no nay votes. The motion was unanimously carried. The items deleted will be discussed at the next regular Council meeting. The reconciliation Sheet of Accounts Payable was discussed. Councilwoman Davis requested that the petty cash fund be categorized to show how the money was being spent. The Police Uniform Advance check was discussed. After discussion A.J. Wells moved approval of the reconciliation of Accounts Payable subject to getting an accounting of the $480.00 check issued to Joyce Mack. The motion was seconded by Al Connell. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and John Blish. There were no nay votes. The motion was unanimously carried. Tom Hill with Sophris Mental Health Clinic approach the Council. He was requesting a donation from the Town to help with their needs at the clinic. He stated that they do have a 24 hour emergency on call system. The Clinic provides Drug and Alcohol Counseling, Mental Health work, Marriage Counseling and also they work with children. Mr. Hill was requesting a donation of a 7% increase from last year which the proposed donation would be $4,000.00. After discussion A.J. Wells moved to consider the proposal in the 1983 budget subject to the other communities accepting the 7% increase. The motion was seconded by Sheila Davis. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, and Al Connell. John Blish voted nay. The motion carried. The feeling of the Council was that they looked on this request favorably, but it was not possible to make a final decision at this point because of the budget process. Steve Isom approach the Council. He was representing the Roadcal Project. He stated that as of the work session of that afternoon, there were 4 items that they had to accomplish: 1) that Roadcal would send registered letters to Vail Associates and Eagle County notifying them of the density changes and of the public hearing of the Roadcal Project; 2) that amendments to the Master Plan and possibly the zoning to a SPA type of zone would be the vehicle to change the densities; 3) that the submittal be revised to be more specific in their proposal; 4) that a hotel is a viable use on the site and worthwhile pursuing from their point of view. He stated that since the presentation was already tabled, Mr. Isom was requesting that the Mayor accept their request for a continuation of the original tabling. The Mayor granted them the continuation. -2- 0 0 Dennis Cole representing time-share of the Christie Lodge approached the Council, he stated he was still involved in conversation with the Town Manager and other parties and requested that he return at a later date. It was so agreed. The Town Manager stated that at the last meeting of the Council, the Mall was discussed and a proposal was presented to put a split rail fence around the perimeter of the Mall property and put in a temporary sidewalk which would be removed when the Mall was constructed. He stated that they did not receive the 80% participation in that project that was requested before they would proceed. Don Buick approached the Council. He suggested that Avon Center would pay 50% ($3,750.00) of the total amount of the asphalt walk project and that the Town pay 50% ($3,750.00) so they could proceed. Both the Town and Avon Center would collect from the other Mall property owners, their share of the amount of the asphalt at a later date. The total of asphalt would be $7,560.00 and that Peregrine's portion would be $1,661.69, HAL, $918.54, Dave Cole, $244.19, the Town $1,890.00 and Avon Center, $2,846.34. After discussion John Blish moved approval of the funding of the plan that had been proposed by Mr. Buick and that was also agreed by the Town Manager, whereby Avon Center and the Town of Avon each pay $3,750.00, split the cost, 50-50 and that both parties receive a propor- tional credit when the Maintenance Fund is established. The motion was seconded by Sheila Davis. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, A.J. Wells, Al Connell, and John Blish. There were no nay votes. Greg Gage abstained. The motion carried. The Mayor suggested that Council delay the decision of the Logo Contest until later in the meeting. It was agreed. The Mayor suggested that the discussion of the Town Manager's salary be placed later in the meeting. It was so agreed. Norm Wood, Director of Public Works, reported on the guardrails in Wildridge. He stated that they had a meeting with the Benchmark representatives last week and that they had reached a tentative agreement on where the guardrails should go and that they are in the process of finalizing these locations. Mr. Wood stated that hopefully by the next meeting of the Council (October 26, 1982) that he will have a full report on the locations. It was suggested that the agenda be amended to delete #4 item "Appointments" from the agenda and add "Citizens Input". At that point Gary Miller approached the Council. He stated that he had heard comments around town regarding the status of the Avon Chief of Police. Art Abplanalp, Acting Town Attorney, responded. He stated that as far as the Town can go, administrative action has been taken regarding the Police Chief by the Town Manager, he has certain rights regarding that action. As far as what action have been taken regarding Mr. Martinez, is a matter of personnel and personnel matters are not part of the public record. If the Town were to get into discussing those actions, there could be a significant exposure to liability on the part of the Town. As far as the public is concerned they are entitled to be aware that Mr. Martinez is under suspension and will be until the 18th of October, 1982. Resolution No.#82-19, A Resolution that authorizes the Council to appoint an acting Town Manager to act in the absence or the disability of the Town Manager. After discussion of this Resolution, John Blish moved approval that wherever the name William James appears, strike that and insert the "Finance Director", wherever the name of Norman Wood appears, strike that and insert "Director of Public Works, wherever the name Richard Kvach appears, strike that and insert "Planning Director", wherever the name Patricia Doyle appears, strike that and insert "Town Clerk". The motion was seconded by Larry Kumpost. Those Council- members voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and John Blish. There were no nay votes. The motion was unanimously carried. John Blish moved approval to consider and pass Resolution No.#82 -19, which is authorizing the Council to appoint an acting Town Manager to act in the absence or disability of the Town Manager. The motion was seconded by Larry Kumpost. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and John Blish. There were no nay votes. The motion was unanimously carried. -3- Resolution No.#82-20, A Resolution thanking Terrill Knight for serving as the Town's first Town Planner. A.J. Wells moved approval of Resolution No.#82-20. The motion was seconded by Al Connell. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and John Blish. There were no nay votes. The motion unanimously carried. Mr. Knight thanked the Mayor and the Council for the honor. The Personnel Merit Commission was discussed. The Attorney stated that there was never any formal action taken. He stated that the Council needed to appoint three members, two for a two year term and one for a one year term and that those terms would expire at the Organizational Meeting of the Board of each prospective year. Mr. Abplanalp stated he had prepared a Resolution which was read in its entirety. The members that were previously named were; Albert Reynolds, Celeste Nottingham, and Larry Kumpost but since Mr. Kumpost had been appointed to the Council he could no longer set on the Board and that another member would have to be selected. After some discussion Al Connell moved to appoint Nickolas Dalba to serve on the Personnel Merit Commission Board. The motion was seconded by Sheila Davis. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and John Blish. There were no nay votes. The motion was unanimously carried. John Blish moved approval of Resolution No.#82-21 with the names of Celeste Nottingham, Albert (Buzz) Reynolds and Nickolas Dalba to be appointed to the Personnel Merit Commission Board, that Albert Reynolds and Celeste Nottingham serve the two (2) year terms and that Nickolas Dalba serve the one (1) year term. The motion was seconded by Sheila Davis. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and John Blish. There were no nay votes. The motion was unanimously carried. The Town Manager reported on the rules relating to Council Work Sessions. It was suggested to change the word "resolved" to "defined". After discussion John Blish moved to adopt the suggestions and definitions of Council Work Sessions as set out in the Town Managers memo of October 12, 1982 and defining who will come before the Council and specifically indicate the issue of discussion. The motion was seconded by A.J. Wells. Those Council- members voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and John Blish. There were no nay votes. The motion was unanimously carried. The Clerk's status report for matters referred was discussed. This report is in the process of being completed. The status of Transit was discussed. Mr. Blodgett stated that at the present time there were three proposals, Beaver Creek has offered to lease one bus to the Town. Vail Guides and a group out of Denver have submitted proposals. The bus route was discussed. Mr. Blodgett stated that there was a meeting scheduled on October 13, 1982 to discuss the Transit System further. The status of the budget was discussed. Mr. Blodgett stated that the Council would have the Summary Budget and the Detailed Budget by the end of the week. The deadline for the adoption of the budget was discussed. A report on the Data Processing equipment was discussed. John Blish moved to authorize Bill James to proceed as outlined in the report and continue to report back to the Council on what he feels will meet the Town's needs. The motion was seconded by Larry Kumpost. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and John Blish. There were no nay votes. The motion was unanimously carried. The financing of Oshkosh was discussed. The Town Manager stated that the interest rate quoted from the Colorado Leasing, Inc. was 12% annual rate over five years for the Oshkosh and three years for the pickup truck. The total dollar amount of financing was $131,600 which includes $121,100 for the Oshkosh and $10,500 for the pickup truck and a monthly payment of $2,667.57 for the Oshkosh and $345.35 for the pickup truck. Mr. Blodgett recommended that the Council go with the Colorado Leasing, Inc. After discussion John Blish moved to authorize the purchase of a 4-wheel drive Toyota truck with either a tool box or camper shell for the use by the Town Engineer to be taken home at his discretion. The -4- motion was seconded by A.J. Wells. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and John Blish. There were no nay votes. The motion was unanimously carried. A.J. Wells moved approval of the financing of the purchasing of the Oshkosh and the pickup truck under the terms and conditions outlined in the memo dated October 7, 1982. The motion was seconded by John Blish. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell, and John Blish. There were no nay votes. The motion was unanimously carried. The Council then recessed at 11:15 P.M. to study the Logos that were submitted. The Council agreed that it would be a very difficult decision to make. The Council reconvened at 12:55 A.M. The winning Logo was submitted by D.M. Lane. There being no further business John Blish moved to adjourn. The motion was seconded by Al Connell. The meeting was adjourned by Mayor Nottingham at 1:00 A.M. The Council then went into executive session. Respectfully Submitted: Patricia J. Doyle, ~I n Cler -5-