TC Minutes 05-15-1984MINUTES OF THE REGULAR
AVON TOWN COUNCIL MEETING
MAY 15, 1984 - 7:30 P.M.
The regular meeting of the Town Council of the Town of Avon was held
in the Municipal Building, 400 Benchmark Road, Avon, Colorado in the
Council Chambers.
The meeting was called to order by Mayor Allan Nottingham at 7:40 p.m.
A roll call was taken with Larry Kumpost, Sheila Davis, Greg Gage,
A.J. Wells, Al Connell and Don Buick present. Also present were Town
Attorney John Dunn, Town Manager Bill James, Director of Public Works
Norm Wood, Building Administrator Dan Fogland, Superintendent of
Public Works Dan Sunday, Steve Miller and Clint Watkins newly elected
Councilmembers as well as members of the press and public.
The Mayor stated that the first part of the meeting would be dedicated
to finishing the affairs of the present Council. The Mayor then
proceeded to take care of the unfinished business at hand.
The Financial Matters were presented to the Council.
A.J. Wells moved to receive items #1 through #18. The motion was
seconded by Al Connell and was unanimously carried.
Don Buick moved approval of the General Accounts Payable of May 15,
1984. The motion was seconded by Larry Kumpost and was unanimously
carried.
A.J. Wells moved approval of the Mall Maintenance Fund, Marketing-
Promotions Fund, Lift Fund, Debt Fund, Capital Projects Fund and
Transit Fund of Accounts Payable of May 15, 1984. The motion was
seconded by Larry Kumpost and was unanimously carried.
Sheila Davis moved approval of the Reconciliation of Accounts Payable
of May 15, 1984. The motion was seconded by Larry Kumpost and was
unanimously carried.
Sheila Davis moved approval of the Captial Projects Accounts Payable
of May 15, 1984. The motion was seconded by Larry Kumpost and was
unanimously carried.
The minutes of the April 24, 1984 meeting was next presented to the
Council. A.J. Wells moved approval of the April 24th meeting minutes
with these corrections, page 2, paragraph 2, line 3, change to read,
"The motion carried with Allan Nottingham and A.J. Wells abstaining",
paragraph 5, line 3, change "deal" to dealt", page 3, paragraph 2,
line 5, change "the" to "to", paragraph 3, line 15 change "or" to
"for", page 5, paragraph 1, line 2, after the word "tenure" delete the
period, delete "be kept". With those changes Don Buick seconded the
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motion and was unanimously carried.
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The Town Attorney reported on Lots #20,21. He stated that the public
sale was held on April 30, 1984. The amount of $17,100 was the
highest bid. The bid was presented by Steven MacDonald and John
Appleby. The deed has been signed by the Commissioner and delivered
to MacDonald and Appleby and in connection with that the sale has been
approved by the court. Mr. Dunn stated he has filed a motion with the
court to dispense the $17,100 paid to the registrar of the court. The
Town will receive back $10,072.62 representing its dispersements in
connection with the sale as well as its half share. The defendants
who appeared in the case will be paid $351.37 each. He stated there
is $4,919.16 left over which cannot be paid because they cannot locate
the people involved. Mr. Dunn proposed that a notice be published of
the fact that the money is being held and that the matter be deferred
until September 1, 1984 to give any persons who did not appear in the
case, an opportunity to come forward and claim their share of the
money. If the money is not claimed the money should be paid back to
the Town to compensate the Town for other expenses. Mr. Dunn stated
he would hope that this matter would be completed by the next regular
Council Meeting except for the $4,919.16. The Mayor thanked Mr. Dunn
for his report.
The Mayor thanked Greg Gage and Larry Kumpost for their many donated
hours and much knowledge toward the success of the Town. The Mayor
wished them the best in their future endeavors.
The two outgoing Councilmembers then stepped down from the podium.
The Clerk read the names of the newly elected Councilmembers: A.J.
Wells, Steve Miller and Clint Watkins. At that point Judge Buck Allen
swore in the newly elected Councilmembers.
The new Councilmembers took their seats on the podium.
A roll call was then taken of the new Council. Don Buick, Al Connell,
A.J. Wells, Clint Watkins, Sheila Davis and Steve Miller present.
The nominations were open to elect a Mayor for the Town of Avon.
Don Buick moved to nominate Allan Nottingham for Mayor. Clint Watkins
moved to nominate Al Connell for Mayor.
Being that there were no further nominations Don Buick moved to close
the nominations. The motion was seconded by A.J. Wells and was
unanimously carried.
A roll call vote was taken with Don Buick, A.J. Wells, Allan
Nottingham, Sheila Davis and Steve Miller voting for Allan Nottingham,
Clint Watkins and Al Connell voting for Al Connell. Allan Nottingham
was elected Mayor for the Town of Avon by a 5-2 vote.
The election for a Mayor Pro-Tem for the Town of Avon was next on the
agenda. A.J. Wells moved to nominate Sheila Davis for Mayor Pro-Tem.
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There being no further nominations Don Buick moved to close the nomina-
tions. The motion was seconded by Steve Miller and was unanimously
carried. A roll call vote was taken with Don Buick, Al Connell, A.J.
Wells, Allan Nottingham, Clint Watkins, Sheila Davis and Steve Miller
voting for Sheila Davis. Sheila Davis was elected Mayor Pro-Tem by a
unanimous vote.
The first item up for the new Council was Resolution No.#84-16, Series
of 1984. A RESOLUTION OF A TOKEN OF APPRECIATION AND SINCERE THANKS
OF THE COUNCIL TO LAWRENCE C. KUMPOST FOR HIS SERVICE AND
CONTRIBUTIONS TO THE TOWN.
The clerk read the resolution in its entirety.
A.J. Wells moved approval of Resolution No.#84-16, Series of 1984.
the motion was seconded by Al Connell and was unanimously carried.
A certified copy of the resolution would be sent to Lawrence Kumpost.
Resolution No.#84-17, Series of 1984, A RESOLUTION OF A TOKEN OF
APPRECIATION AND SINCERE THANKS OF THE COUNCIL TO GREGORY GAGE FOR HIS
SERVICE AND CONTRIBUTIONS TO THE TOWN.
The clerk read the resolution in its entirety.
Don Buick moved approval of Resolution No.#84-17, Series of 1984. The
motion was seconded by Sheila Davis and was unanimously carried.
A certified copy of the resolution would be sent to Gregory Gage.
The Mayor then introduced the new Councilmembers to the press and
public.
The Council recessed at 8:15 p.m. and reconvened at 8:35 p.m.
Councilmember Buick requested that the Clerk reverse the roll call of
the Council to every other time so that the same Councilmembers are
not voting first all the time. The Clerk agreed.
The Mayor reported on the Colorado Municipal League Conference (CML).
The conference will be held in Vail, CO on June 19-23. The Mayor
stated that he would like to see as many Councilmembers attend as
possible.
Resolution No.#84-18, Series of 1984, A RESOLUTION EXPRESSING
APPRECIATION FOR THE SERVICES OF THOSE CITIZENS WHO HAVE SERVED AS
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JUDGES AND CLERKS AT THE MUNICIPAL ELECTION ON MAY 8TH, 1984 AND
AUTHORIZING PAYMENT FOR THEIR SERVICES.
Al Connell moved approval of Resolution No.#84-18 with the correction
of "Margaret" being made in the resolution. The motion was seconded
by Sheila Davis and was unanimously carried.
The Town Attorney reported on the litigation in regard to Dick
Blodgett. He stated that there were several claims included in the
complaint. Those claims were: violation of Mr. Blodgett's
constitutional rights and that he was guilty of misfeasance,
malfeasance or nonfeasance of office. Also that Mr. Blodgett was
discharged without four months severance pay. Mr. Dunn stated besides
the addition to the severance pay of $14,300, Mr. Blodgett was
claiming a penalty for wrongfully withholding termination pay in the
amount of $7,150 which is half of the amount of the claim. The other
claims are: Damage to reputation due to libelous slanderous
statements ($1,000,000), deprivation of property or liberty without
due process of law ($1,000,000). Mr. Blodgett was also claiming that
the Council acted in an executive session on January 30, 1984 and was
claiming that the actions of the Council in terminating him at that
time were invalid. Mr. Dunn stated that in view of the fact that the
major claims are covered by insurance, he has forwarded the complaint
to the insurance company. He stated that the insurance company would
not defend the Breach of Contract and therefore would be necessary for
him to be involved in the case to look after that particular claim.
Mr. Dunn stated that he would report back to the Council when he has
heard from the insurance company.
The Town Manager reported on the Planning and Zoning Commission
Members terms. He stated that with Clint Watkins' resignation from
the P & Z that the Board is down to five members because Jim Meehan
has resigned also. He stated that on occasion there have been Board
Members absent which would leave the Board without a quorum. Mr.
James stated that the Board is requesting that the Council consider
somebody to be appointed temporarily until July 1st when the permanent
members would be appointed. Councilman Watkins suggested advertising
for applicants and aprcl►,t one permanent member for Jim Meehan's
position now and a member to fill out the rest of his term at next
Tuesday's meeting rather than make the appointments temporarily.
Councilman Miller stated he felt comfortable with appointing two
members out of the three applicants that have applied; Larry Kumpost,
Mark Donaldson and Cheryl Dingwell.
After discussion Clint Watkins moved to wait until next Tuesday's
meeting to appoint two members to the Planning and Zoning
Commission and that we advertise for those vacancies.
Discussion followed.
Clint Watkins moved to amend his motion to advertise for all four
vacancies with two members to be appointed next Tuesday and the
other two members to be appointed on July 10, 1984. The motion was
seconded by Sheila Davis and was unanimously carried.
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The Town Manager reported on Tract P. He stated that the discussions
and concerns were whether its an appropriate site for a school and
also the period of time that the school district may use that site for
a school in the future. He stated the Schoui 3oard and Chuck Schwahn
have hired Mr. Hugh Wolff with the University of Colorado to review
Tract P as an appropriate site for a school. A meeting has been
scheduled for May 23rd at 8:00 a.m. with Mr. Wolff, Chuck Schwahn and
Mr. James.
Mr. James stated he felt the school district has shown a lot of
cooperation in this matter. He requested that Council agree to give
him some time and wait until Mr. Wolff evaluates the site and submits
his report and to hold off on discussion of Tract P until that time.
Councilman Watkins stated he did not want to put off talking about the
Town's position in regard to Tract P until that report was submitted.
He felt that there were other questions regarding Tract P that needed
to be discussed in addition to whether or not it is a good school site.
Councilmember Davis suggested that a member of the water district
attend the meeting on the 23rd.
Mr. Watkins stated he would like to have discussion fairly soon as to
the Town's ownership rights on Tract P and would like to see it
discussed in a regular session and not a work session.
Councilman Buick felt that a work session would be appropriate.
Councilman Connell agreed with Mr. Buick.
Councilwoman Davis felt that the Council should set back and wait for
the report to come in.
Councilman Miller moved to table any specific discussion regarding
Tract P until the documented report from Mr. Wolff was in. The motion
was seconded by Sheila Davis.
Further discussion followed.
The Mayor called for a vote. The motion was carried with A.J. Wells
abstaining because of conflict of interest and Allan Nottingham
abstaining from discussion.
Councilman Watkins requested that any discussion forthcoming in regard
to TDR'S that post card notices be sent out to the interested parties
that participated in the early meetings of the Master Plan.
Councilman Connell stated that discussion of the Post Office regarding
house to house delivery was scheduled for the May 24th Planning and
Zoning Meeting and that any and all interested parties should attend.
Councilman Miller stated that in regard to the clean-up weekend that
it looks like it should be very successful. He invited all residents
to participate.
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Lyle Carmony approached the Council. He had concerns with the on
going problem of dogs running at large. He requested that positive
action be taken.
Dan Sunday, Superintendent of Public Works, approached the Council.
He stated that dog control programs have been instituted and that the
number of citations have been substantial. The ordinance changes have
been prepared and would be presented at the May 22nd Council meeting.
Al Stull, resident of Avon stated possibly the ordinance should be
amended to allow the dog control officer to enter onto private
property to pick up the running dogs.
Councilman Miller suggested that Mr. Sunday research the specifics in
regards to our ordinance and how it is handled within the Public Works
Department and the Police Department as well as researching what the
County affords the Town to see if it is indeed enough.
Discussion followed.
No action was taken.
There being no
Davis moved to
Mayor adjourned
further
adjourn.
business to
The motion
the meeting
at 9:15
AJVa"
come before the Council Sheila
was seconded by Al Connell. The
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